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
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Ordinance No. 6514
June 9, 2014
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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.
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Ordinance No. 6514
June 9, 2014
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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%
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Ordinance No. 6514
June 9, 2014
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