Ordinance 2311JDW:lc
5/25/82
ORDINANCE NO. 2311
AN ORDINANCE OF THE CITY OF EDMONDS, WASH-
INGTON, AMENDING CHAPTER 5.24 OF THE
EDMONDS CITY CODE BY ADDING NEW SECTIONS
5.24.030 THROUGH 5.24.130 THERETO; DEFINING
AND PROHIBITING THE CRIMINAL OFFENSES OF
UNLAWFUL EXPOSURE AND FACILITATING UNLAWFUL
EXPOSURE; PROHIBITING THE CRIMES OF PROSTI-
TUTION, PERMITTING PROSTITUTION AND PATRON-
IZING A PROSTITUTE; PROHIBITING PUBLIC
DISPLAY OF SEXUALLY EXPLICIT MATERIAL; AND
PROVIDING PENALTIES FOR THE COMMISSION OF
SAID OFFENSES; ESTABLISHING AN EFFECTIVE
DATE; REPEALING SECTION 5.24.010; AND
ADDING A NEW SECTION 5.24.010.
WHEREAS, the City Council has determined that the
activities defined and prohibited hereinafter are detrimental
to the public health, safety, morals and general welfare, and
WHEREAS, the City Council finds that certain forms
of public nudity including barroom type topless dancing,
whether or not presented in conjunction with the sale of
alcoholic beverages, promote prostitution, other illegal
activity and degrade the quality of the City's residential
and business environment, and
WHEREAS, the City Council intends to regulate con-
duct as set forth hereinafter for the purposes of discourag-
ing such illegal activity, reducing the need to expend law
enforcement resources, and protecting the quality of the
City's residential and business environment without inter-
fering with the free exchange and expression of ideas, now,
therefore,
N4k
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. Section 5.24.010 is hereby repealed and
a new Section 5.24.010 is hereby added to the Edmonds City
Code to read as follows:
5.24.010 DEFINITIONS
As used in this chapter, the following words and
terms shall have the meaning set forth in this
section:
A. "Expressive dance" means any dance which, when
considered in the context of the entire per-
formance, 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 exploita-
tion without substantial expression of theme,
story or ideas.
B. "Exposed" means the state of being revealed,
exhibited or otherwise rendered open to public
view.
C. "Public Exposure" means the act of revealing,
exhibiting or otherwise rendering open to
public view.
D. "Public place" means any place in which the
general public has a right to be present,
whether or not conditioned 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 or drink is
served, or entertainment provided.
E. "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.
F. "Sexual intercourse"
1. Has its ordinary meaning and occurs upon
any penetration, however slight, and
-2-
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 accom-
plished for medically recognized treatment
or diagnostic purposes, and
3. Also means any act of sexual contact be-
tween 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.
G. "Sexually explicit material" means any picto-
rial or three-dimensional material depicting
sexual intercourse, masturbation, sodomy, bes-
tiality, direct physical stimulation of
unclothed genitals, flagellation or torture in
the context of sexual relationship, or empha-
sizing the depiction of adult human genitals;
provided, however, that works of art or of
anthropological significance shall not be
deemed to be within the foregoing definition.
In determining whether material is prohibited
for public display by this section such mate-
rial shall be judged without regard to any
covering which may be affixed or printed over
the material in order to obscure genital areas
in a depiction otherwise falling within the
definition of this subsection.
H. "Unlawful exposure" means:
1. A public exposure of any portion of the
human anus or genitals;
2. A public exposure of any portion of the
female breast lower than the upper edge of
the areola; or
3. A public exposure consisting of touching,
caressing or fondling of the male or female
genitals or female breasts, whether clothed
or unclothed.
4. Any other lewd act, whether publicly
performed or not.
Section 2. A new Section 5.24.030 is hereby added
to the Edmonds City Code to read as follows:
5.24.030 UNLAWFUL EXPOSURE PROHIBITED
-3-
It shall be unlawful for any person to intention-
ally commit any act constituting unlawful exposure
as defined in this chapter.
Section 3. A new Section 5.24.040 is hereby added
to the Edmonds City Code to read as follows:
5.24.040 FACILITATING UNLAWFUL 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.
Section 4. A new Section 5.24.050 is hereby added
to the Edmonds City Code to read as follows:
5.24.050 EXEMPTIONS
The prohibitions set forth in Sections 5.24.030 and
5.24.040 shall not apply to any:
A. "Expressive dance" as defined in Section
5.24.010;
B. Play, opera, musical, or other dramatic work;
C. Class, seminar, or lecture, conducted for a
scientific or educational purpose.
D. Nudity within a locker room or other similar
facility used for changing clothing in connec-
tion with athletic or exercise activities.
Section 5. A new Section 5.24.060 is hereby added
to the Edmonds City Code to read as follows:
5.24.060 PROSTITUTION
A. A person is guilty of prostitution if such per-
son engages or agrees or offers to engage in
sexual conduct with another person in return for
a fee.
B. For purposes of this section, "sexual conduct"
means "sexual intercourse" or "sexual contact"
as defined herein.
-4-
Section 6. A new Section 5.24.070 is hereby added
to the Edmonds City Code to read as follows:
5.24.070 PROSTITUTION - SEX OF PARTIES IMMATERIAL -
NO DEFENSE
In any prosecution for prostitution, the sex of the
two parties or prospective parties to the sexual
conduct engaged in, contemplated, or solicited is
immaterial, and it is no defense that:
A. Such persons were of the same sex; or
B. The person who received, agreed to receive, or
solicited a fee was a male and the person who
paid or agreed or offered to pay such fee was
female.
Section 7. A new Section 5.24.080 is hereby added
to the Edmonds City Code to read as follows:
5.24.080 PERMITTING PROSTITUTION
A person is guilty of permitting prostitution if,
having possession or control of premises which he
knows are being used for prostitution purposes, he
fails without lawful excuse to make reasonable
effort to halt or abate such use.
Section 8. A new Section 5.24.090 is hereby added
to the Edmonds City Code to read as follows:
5.24.090 PATRONIZING A PROSTITUTE
A person is guilty of patronizing a prostitute if:
A. Pursuant to a prior understanding he pays a fee
to another person as compensation for such per-
son or a third person having engaged in sexual
conduct with him; or
B. He pays or agrees to pay a fee to another person
pursuant to an understanding that in return
therefor such person will engage in sexual con-
duct with him; or
C. He solicits or requests another person to engage
in sexual conduct with him in return for a fee.
-5-
Section 9. A new Section 5.24.100 is hereby added
to the Edmonds City Code to read as follows:
5.24.100 PUBLIC DISPLAY OF SEXUALLY EXPLICIT
MA'PRPTAT.
A person is guilty of displaying sexually explicit
material if he knowingly places such material upon
public display, or if he knowingly fails to take
prompt action to remove such a display from property
in his possession after learning of its existence.
Material is placed upon "public display" if it is
placed on or in a billboard, viewing screen, theater
marquee, newsstand, display rack, window, showcase,
display case or similar place so that sexually
explicit material is easily visible from a public
thoroughfare or from the property of others.
Section 10. A new Section 5.24.110 is hereby added
to the Edmonds City Code to read as follows:
5.24.110 LOCATION OF PERFORMERS PROVIDING CERTAIN
FORMS OF ENTERTAINMENT RESTRICTED '
No entertainer shall appear in any public place
while unclothed or with any portion of the buttocks,
genitals, pubic region or female breasts exposed,
except upon a stage or other surface raised at least
18 inches above the level of the floor upon which
the closest patrons are seated or standing, nor
closer than six feet from the nearest patron.
Section 11. A new Section 5.24.120 is hereby added
to the Edmonds City Code to read as follows:
5.24.120 AFFIRMATIVE DEFENSES
It is an affirmative defense to a prosecution for
violation of Section 5.24.030 or 5.24.040 that the
nudity or other exposure, when considered in the
context in which presented, provided actual liter-
ary, artistic, political or scientific value and was
not provided for commercial or sexual exploitation
or with an emphasis on an appeal to a prurient
interest.
Section 12. A new Section 5.24.130 is hereby added
to the Edmonds City Code to read as follows:
Q�
5.24.130 PENALTY
Violation of any of the provisions of this chapter
constitutes a misdemeanor, punishable as set forth
in Section 5.45.020.
Section 13. 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.
Section 14. This ordinance shall be in full force
and effect five (5) days after passage and publication by
posting as provided by law.
CITY OF EDMONDS
MAYOR, H. H. HARRISON
ATTEST/AUTHENTICATED:
l�
CITY CLERK, IRENE RNEY MORAN
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED W THE CITY CLERK: May, 28, 1982
PASSED BY THE CITY COUNCIL: July ,6, 1982
POSTED: July 9, 1982
EFFECTIVE DATE: July 14, 1982
-7-
AFFIDAVIT OF POSTING ORDINANCE
STATE OF WASHINGTON )
) ss:
COUNTY OF SNOHOMISH )
IRENE VARNEY MORAN
, being first duly sworn
on oath deposes and says that s he is over the age of eighteen (18)
years and is competent to testify as to the matter stated herein.
There is no official newspaper or other newspaper printed and
published within the City.
the 9 day of JULY
In accordance with RCW 35A.12.160, on
, 1982, affiant posted true and
correct copies of the attached Ordinance No. 2311, passed by the
City Council on the 6 day of
JULY
, 19 82, at the
official posting places for City notices which are the public
bulletin boards at the following locations:
Edmonds Civic Center
250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Public Library
Civic Center, 250 Fifth Avenue North
Edmonds, Washington 98020
Edmonds Branch of United States Post Office
201 Main Street
Edmonds, Washington 98020
DATED this 9 day of JULY 1982
-jze��
SUBSCRIBED AND SWORN to before me this day of
19��!
1�6tarf Public in and for the
State o Washington, r siding
at