Ordinance 2651RPB/tw
RPB005020;0006.160.101
12/10/87
ORDINANCE NO. 2651
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 5.38 OF THE EDMONDS CITY CODE,
ENTITLED "PUBLIC MORALS, CRIMES RELATING TO," TO
CONFORM TO AMENDMENTS TO THE STATE LAWS AND FEDERAL
CASE LAW GOVERNING PUBLIC MORALS.
WHEREAS, the Edmonds City Council recognizes that provisions
governing public exposure, topless dancing, and the display of
erotic material should be consistent with state and federal law,
and
WHEREAS, the Edmonds City Council finds that this ordinance
is in the interests of the public health, safety and welfare,
now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS HEREBY ORDAINS AS
I_amwiI:tY�
Section 1. Section 5.38.010 of the Edmonds City Code is
hereby amended to read as follows:
5.38.010 Definitions
As used in this Chapter, the following words and terms
shall have the meanings set forth in this section.
A. "Expressive dance" means any dance which, when
considered in the context of the entire perfor-
mance, constitutes an expression of theme, story
or ideas, but excluding any dance such as, but not
limited to, common barroom type topless dancing
which, when considered in the context of the
entire performance, is presented primarily as a
means of displaying nudity as a sales device or
for other commercial exploitation without substan-
tial expression of theme, story or ideas, and the
conduct appeals to the prurient interest, depicts
sexual conduct in a patently offensive way and
lacks serious literary, artistic, political or
scientific value.
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B. "Exposed" means the state of being revealed,
exhibited or otherwise rendered to public view.
C. "Person" means and includes natural persons of
either sex, firms, corporations, and all associ-
ations of natural persons, whether acting by
themselves or by an agent, servant or employee.
D. "Public exposure" means the act of revealing,
exhibiting or otherwise rendering open to public
view.
E. "Public place" means any place in which the
general public has a right to be present, and any
area open to public view, whether or not condi-
tioned upon payment of a fee, and includes, but is
not limited to, buildings open to the general
public, whether or not access is restricted
according to age, including those in which food
and drink is served, or entertainment provided.
F. "Sexual contact" means any touching of the sexual
or other intimate parts of a person done for the
purpose of gratifying sexual desire of either
party.
G. "Sexual intercourse":
(1) Has its ordinary meaning and occurs upon any
penetration, however slight;
(2) Also means any penetration of the vagina or
anus, however slight, by an object, when
committed on one person by another, whether
such persons are of the same or opposite sex,
except when such penetration is accomplished
for medically recognized treatment or
diagnostic purposes; and
(3) Also means any act of sexual contact between
persons involving the sex organs of one
person and the mouth or anus of another
whether such persons are of the same or
opposite sex.
H. "Unlawful public exposure" means:
(1) A public exposure of any portion of the human
anus, buttocks or genitals;
(2) A public exposure
female breast lower
the areola;
of any portion of the
than the upper edge of
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(3) A public exposure consisting of touching,
caressing or fondling of the male or female
genitals or female breasts, whether clothed
or unclothed; or
(4) A public exposure consisting of masturbation,
or of urination or defecation in a place
other than a restroom or other toilet
facility.
Section 2. Section 5.38.030 of the Edmonds City Code
is hereby amended to read as follows:
5.38.030 Unlawful public exposure. It is
unlawful for any person to intentionally commit
any act constituting unlawful public exposure of
his person or the person of another. Unlawful
public exposure is a misdemeanor unless such
person exposes himself to a person under the age
of fourteen years, in which case the offense is a
gross misdemeanor.
Section 3. Section 5.38.040 of the Edmonds City Code is
hereby amended to read as follows:
5.38.040 Facilitating Unlawful Public Exposure
Prohibited. It shall be unlawful for the owner,
lessee, manager, operator or other person in
charge of any public place to knowingly permit,
encourage or cause to be committed, whether by
commission or omission, any unlawful exposure upon
said premises. Violation of this section is a
misdemeanor unless the exposure is made to a
person under the age of fourteen years, in which
case, the offense is a gross misdemeanor.
Section 4. Section 5.38.120 of the Edmonds City Code is
hereby repealed.
Section 5. Section 5.38.100 of the Edmonds City Code is
hereby repealed.
Section 6. Section 5.38.130 of the Edmonds City Code is
hereby amended to read as follows:
5.38.130 Penalty. Unless otherwise provided,
violations of the provisions of this chapter
constitute a misdemeanor punishable as set forth
in 5.50.020.
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Section 7. If any section, sentence, clause or phrase of
this ordinance should be held to be invalid or unconstitutional
by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitu-
tionality of any other section, sentence, clause or phrase of
this ordinance.
Section 8. This ordinance being an exercise of a power
specifically delegated to the legislative body, is not subject to
referendum and shall take effect five (5) days after publication
of the attached summary which is hereby approved.
ATTEST/AUTHENTICATED:
IT CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
FILED WITH THE CITY CLERK: December 11, 1987
PASSED BY THE CITY COUNCIL: January 12, 1988
PUBLISHED: January 17, 1988
EFFECTIVE DATE: January 22, 1988
ORDINANCE NO. 2651
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH,
the public
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Section 7. Comoros a severa-
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Section 8. Sets an effective
daTf3TfWdays from the publi-
cation of this approved
summary.
The full text of this ordinance'
will be mailed without charge to
anyone who submits a written
request to the City Clerk of the
City of Edmonds for a copy of
the text.
APPROVED by the City
Council at their meeting of
January 12 1988.
JACOIIELINE G. PARRETT
city Clerk
Published: January 17, 1988__
ss.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ........................................
SUMMARY OF ORDINANCE NO. 2651
......................................................................................................................................
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a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
JANUARY 17th, 1988
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and that sai ner spaper was regularly distributed to its subscribers
during al; f said period.,/
.. .... ........... .............
.1 Principal Clerk
Subscribed and sworn to before me this....Ift...............
day of........ --I JANUARY 19.....88
Notary 1 ulilic in and for -the State of Washington,
residi i at)Everett; Snohomish County.
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