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HomeMy WebLinkAbout6514 ORDINANCE NO. 6 5 1 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, CREATING A NEW CHAPTER 9.84 OF THE AUBURN CITY CODE RELATING TO LEWD CONDUCT WHEREAS, the current provisions of the Auburn City Code (ACC) include provisions dealing with a variety of criminal conducts, including violations relating to public indecency and prostitution; and WHEREAS, in addition to the violations of public indecency and prostitution, it is also appropriate for the City Code to prohibit lewd conduct in public, and for law enforcement officers to enforce, laws relating to lewd conduct in public. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Creation of new Chapter to City Code. That a new Chapter 9.84 of the Auburn City Code be, and the same hereby is, created to read as follows: Chapter 9.84 Lewd Conduct and Related Offenses Sections 9.84.010 Definitions. 9.84.020 Lewd conduct. 9.84.010 Definitions. As used in this chapter, the following definitions shall apply: A. A "lewd act" is: 1. An exposure of one's genitals, anus, or any portion of the areola or nipple of the female breast; or 2. The touching, caressing or fondling of the genitals or female breasts; or 3. Masturbation; or 4. Sexual conduct. B. "Public place" means an area generally visible to public view, and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which - - - - - - - - - - - - - - - - Ordinance No. 6514 June 9, 2014 Page 1 of 3 serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them, and businesses contained in structures which can serve customers who remain in their vehicles, by means of a drive- up window. C. "Sexual conduct" means sexual intercourse or any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party, whether such persons are the same or opposite sex. D. For purposes of this chapter, any activity is obscene: 1. Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and 2. Which explicitly depicts or describes patently offensive representations or descriptions of: a. Ultimate sexual acts, normal or perverted, actual or simulated; or b. Masturbation, fellatio, cunnilingus, bestiality, excretory functions or lewd exhibition of the genitals or genital area; or C. Violent or destructive sexual acts including but not limited to human or animal mutilation, dismemberment, rape or torture; and 3. Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political or scientific value. For purposes of this chapter, an activity is dramatic if the activity is of, relating to, devoted to, or concerned specifically or professionally with current drama or the contemporary theater. 9.84.020 Lewd conduct. A. A person is guilty of lewd conduct if he or she intentionally performs any lewd act in a public place or under circumstances where such act is likely to be observed by any member of the public. The act of breastfeeding or expressing breast milk is not lewd conduct. B. Lewd conduct is a misdemeanor. C. This section shall not be construed to prohibit: 1. Plays, operas, musicals or other dramatic works which are not obscene; 2. Classes, seminars and lectures held for serious scientific or educational purposes; 3. Exhibitions, performances or dances which are not obscene; or 4. Adult entertainment activities operating pursuant to and in accordance with Chapter 5.30 of the City Code. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. - - - - - - - - - - - - - - - - Ordinance No. 6514 June 9, 2014 Page 2 of 3 Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: JUL - 7 2014 PASSED: JUL -7 2014 APPROVED: JUL -7 2014 CITY OF AUBURN NANC CKUS, MAYOR ATTEST: Danielle E. Daskam, City Clerk APP VE TO F RM iel B. He id, City Attorney Published:? Qjc-�1c% - - - - - - - - - - - - - - - - Ordinance No. 6514 June 9, 2014 Page 3 of 3