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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. -1- 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 -2- (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. -3- 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 -4- STATE OF WASHINGTON, COUNTY OF SNOHOMISH, the public to specify 1s a gross certain Is the focili- me offirma• n for unlow- als section ids section O Section 7. Comoros a severa- biRTU6113b. 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 ...................................................................................................................................... ...................................................................................................................................... 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 .................................................................................................................................... ...................................................................................................................................... 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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