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Ordinance 4042ORDINANCE NO.4042 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC 5.38 (OFFENSES AGAINST THE PUBLIC MORALS) TO CHANGE THE TITLE THERETO AND TO ADD SECTIONS PROHIBITING LEWD CONDUCT AND THE SOLICITATION OF LEWD CONDUCT; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds has determined that it is appropriate to change the title to the Offenses Against the Public Morals Chapter of the Edmonds City Code, ECC 5.38, and to add thereto provisions relating to lewd conduct and the solicitation of lewd conduct; and WHEREAS, the City of Edmonds wishes to amend ECC 5.38 to change said title and add such provisions; NOW, THEREFORE, AS FOLLOWS: THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN Section 1. The title to ECC 5.38 shall be changed from "Offenses Against the Public Morals" to "Offenses Relating to Lewd Conduct." Section. 2. The following Subsections .150 and .160 are hereby added to ECC 5.38 to read as follows: 5.38.150 Lewd conduct. A. Lewd Conduct Prohibited. Notwithstanding anything in the Edmonds City Code to the contrary, a person who knowingly or intentionally, in a public place: 1. Engages in actual or simulated sexual intercourse, deviate sexual conduct, masturbation, sodomy, bestiality, oral copulation, flagellation or other ultimate sex acts; or 2. Appears in a state of nudity in a public place other than a public place provided or set apart for nudity; or 3. Fondles the genitals of himself, herself or another person; - 1 - commits the crime of lewd conduct. Lewd conduct is a misdemeanor. B. Exemptions. This section shall not be construed to prohibit: 1. Plays, operas, musicals or other dramatic works that are not obscene; 2. Classes, seminars and lectures held for serious scientific or educational purposes that are not obscene; 3. Exhibitions or dances which are not obscene; or 4. Adult entertainment activities operating pursuant to Chapter 4.52 ECC, C. Definitions. For purposes of this section, the following words or phrases shall have the meanings set forth herein, as follows: "Nudity" means the showing or display of: a. Human male or female genitals or pubic area with less than a fully opaque covering; or b. Any portion of the anal cleft or cleavage of the male or female buttocks. Attire that is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, thongs and any other clothing or covering that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks; or C. The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed. The act of breastfeeding or expressing breast milk shall not be considered "nudity" or "public indecency"; or d. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 2. "Public place" means any location, place or business frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. The term includes, but is not limited to, streets, sidewalks, alleys, parking lots, parks, automobiles, whether moving or not, and business and commercial establishments (whether for profit or not for profit, whether open to the public at large, or whether entrance is limited by a cover charge or membership -2- requirement), including businesses contained in structures which can serve customers who remain in their vehicles by means of a drive -up window or door. 3. "Public place provided or set apart for nudity" means a public place such as public restrooms, enclosed functional shower, locker or dressing room facilities, enclosed motel and hotel rooms designed and intended for sleeping accommodations, doctor's offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. 4. "Obscene" means an activity which: a. Taken as a whole by an average person, applying contemporary community standards, appeals to a prurient interest in sex; b. Depicts patently offensive representations, as measured against community standards, of: i. Ultimate sexual acts, normal or perverted, actual or simulated; or ii. Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or iii. Violent or destructive sexual acts, including, but not limited to, human or animal mutilation, dismemberment, rape, or torture; and C. Taken as a whole, lacks serious literary, artistic, political or scientific value. 5.38.160 Soliciting for an act of lewd conduct. Every person who solicits another to engage in an act of lewd conduct in a public place shall be guilty of a misdemeanor. Section 3. Severability. 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 constitutionality of any other section, sentence, clause or phrase of this ordinance. -3- Section 4. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATED: r_� - - CI CLERK, SCOTT A APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY J E FREY B. TA Y FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. 01 AYOR DAVE ARCING J September 16, 2016 September 20, 2016 September 25, 2016 September 30, 2016 4042 M SUMMARY OF ORDINANCE NO.4042 of the City of Edmonds, Washington On the 20th day of September, 2016, the City Council of the City of Edmonds, passed Ordinance No. 4042. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC 5.38 (OFFENSES AGAINST THE PUBLIC MORALS) TO CHANGE THE TITLE THERETO AND TO ADD SECTIONS PROHIBITING LEWD CONDUCT AND THE SOLICITATION OF LEWD CONDUCT; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 21st day of September, 2016. CITY CLERK, SCOTT PA EY -5- Everett Daily Herald Affidavit of Publication State of Washington ) County of Snohomish } ss Kathleen Landis being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of EDH723696 ORDINANCE SUMMARY as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 09/25/2016 and ending on 09/25/2016 and that said newspaper was regularly distributed to its subscribers during all of said period. The amount of the fee for such publication is $53.32. Subscribed and sworn before me on this day of Notary Public in and r the State of Washington. City of Edmonds -LEGAL ADS 114101416 SCOTT PASSEY RECEIVED EDMONDS CITY CLERK AUBREY KNAPP Notary Public State of Washington My COnlhrllgsi n Ezplres July 30, 2018 ORDINANCE SUMMARY of the Clty of Edmonds, Washingglan On The 20th day of Septomber, 2016, the City Councll of the City of Edmonds, Passed Iha following Ordinances, tho summarlea of the Content of said hr oancos Consisting of tillas am provldad as. follows: ORDINANCE NO.4040 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PARKING TIME LIMIT PROVISIONS OF ECC SECTION 8.64.065; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. ORDINANCE NO.4041 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON. AMENDING EDMONDS CITY CODE 4.04.020 REGARDING CONCESSIONS AGREEMENTS TO ALLOW THE MAYOR TO GRANT CONCESSION AGREEMENTS RELATING TO CITY PARK PROPERTY; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. ORDINANCE NO.4042 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON. AMENDf.NG ECG 5.38 {OFFENSES AGAINST THE PUBLIC MORALS] TO CHANGE THE TITLE THERETO AND TO ADD SECTIONS PROHIBITING LEWD CONOUCT AND THE SOLICITATION OF LEWD CONDUCT: PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The lull text of these Ordinances will be mailed upon request. DATED this 21 st day of September, 2016. CITY CLERK, SCOTT PASSEY ublished: September 25, 2016. EDH72369�