HomeMy WebLinkAbout3485 Ordinance ORDINANCE NO. 3485
AN ORDINANCE repealing Chapter 9.10 and creating
Chapter 9.11 of the Pasco Municipal Code.
WHEREAS, certain language in Title 9 of the Pasco Municipal Code is in
need of modification, correction or defining to have consistent meaning and
continuity within the Code and with the Revised Code of Washington and to
make the Code easier to use and understand; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES
ORDAIN AS FOLLOWS:
§ 1. Chapter 9.10 entitled "Public Exposure" shall be and hereby is
repealed in its entirety.
§ 2. Chapter 9.11 of the Pasco Municipal Code is created to read as
follows:
CHAPTER 9.11
INDECENT EXPOSURE AND LEWD CONDUCT
Sections:
9.11.010 Definitions.
9.11.020 Indecent exposure.
9.11.030 Lewd conduct.
9.11.010 DEFINITIONS. As used in this chapter, the following
words and terms shall have the meaning set forth in this section:
(1) "Knowledge" or "knowledge of such nuisance" means having:
(a) Knowledge of the contents and character of the patently
offensive sexual or violent conduct which appears in the lewd matter; or,
(b) Knowledge of the acts of lewdness or prostitution which
occur on the premises; or,
(c) Knowledge that controlled substances identified in Article II
of RCW 69.50 and not authorized by that chapter, are manufactured,
delivered, or possessed, or where any such substance not obtained in a
manner authorized by RCW 69.50 is consumed by ingestion, inhalation,
or injection, or any other means.
(2) "Lewd Matter" is synonymous with "obscene matter" and
means any matter:
(a) Which the average person, applying contemporary
community standards, would find, when considered as a whole, appeals
to the prurient interest; and,
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(b) Which explicitly depicts or describes patently offensive
representations or descriptions of:
(i) Ultimate sexual acts, moral or perverted, actual or
simulated; or,
(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory
functions, or lewd exhibition of the genitals or gcnital area; or,
(iii) Violent or destructive sexual acts, including but not limited
to human or animal mutilation, dismemberment, rape or torture; and,
(c) Which, when considered as a whole, and in the context in
which it is used, lacks serious literary, artistic, political, or scientific
value.
(3) Lewdness shall have and include all those meanings, which
are assigned to it under the common law.
(4) "Live performance" means any play, show, skit, dance, or
other exhibition performed or presented to or before an audience of one
or more, in person or by electronic transmission, with or without
consideration.
(5) "Matter" shall mean a live performance, a motion picture
film, or a publication or any combination thereof.
(6) "Motion picture film" shall include any:
(a) Film or plate negative;
(b) Film or plate positive;
(c) Film designed to be projected on a screen for exhibition;
(d) Film, glass slides, or transparencies, either in negative of
positive form, designed for exhibition by projection on a screen;
(e) Videotape of any other medium used to electronically
reproduce images on a screen.
(7) "Person" means any individual, partnership, firm,
association, corporation, or other legal entity.
(8) "Place" includes, but is not limited to, any building,
structure, or places or any separate part or portion thereof, whether
permanent or not, or the ground itself.
(9) "Prurient" means that which incites lasciviousness or lust.
(10) "Publication" shall include any book, magazine, article,
pamphlet, writing, printing, illustration, picture, sound recording, or
coin-operated machine.
(11) "Sale" means a passing of title or right of possession from a
seller to a buyer for valuable consideration, and shall include, but is not
limited to, any lease or rental arrangement or other transaction wherein
or whereby any valuable consideration is received for the use of, or
transfer of possession of, lewd matter.
9.11.020 INDECENT EXPOSURE.
(1) A person is guilty of indecent exposure if he or she
intentionally makes any open and obscene exposure of his or her person
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or the person of another knowing that such conduct is likely to cause
reasonable affront or alarm.
(2) Indecent exposure is a misdemeanor unless such person
exposes himself to a person under the age of fourteen years in which
case indecent exposure is a gross misdemeanor for the first offense and,
if such person has previously been convicted under this subsection of a
sex offense as defined in RCW 9.94A.030, then such person is guilty of a
class C felony punishable under RCW 9A.20.
9.11.030 LEWD CONDUCT.
(1) As used in this section a lewd act is:
(a) The touching, caressing, or fondling of the genitals or female
breast(s); or
(b) Sexual intercourse; or
(c) Masturbation; or
(d) Urination or defecation in a place other than a washroom or
toilet room.
(2) A person is guilty of lewd conduct if he or she intentionally
performs any lewd act in a public place or at a place and under
circumstance where such act could be observed by any member of the
public.
(3) This section is not applicable to:
(a) Performances in a theater or museum; or
(b) The exposure of a female breast while nursing an infant.
(4) Lewd conduct is a misdemeanor.
§ 3. If any section, subsection, paragraph, sentence, clause, phrase, or
word of this ordinance is declared unconstitutional or invalid for any reason, it
shall be severed, and such decision shall not affect the validity of the remaining
parts of this ordinance.
§ 4. The chapter repealed by this ordinance shall remain in full force
and effect until the effective date of this ordinance.
§ 5. This Ordinance shall take effect five (5) days after passage and
publication.
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PASSED by the City Council of the City of Pasco this 20'h Day of August,
2001.
T/ /t d
Michael L. exarhson,Mayor
ATTEST: APP S TO FORM:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
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