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Home My WebLink About2451 OrdinanceORDINANCE NO. 2451 AN ORDINANCE AMENDING SECTION 9.10 OF THE PASCO MUNICIPAL CODE DEFINING AND PROHIBITING THE CRIMINAL OFFENSES OF UNLAWFUL PUBLIC EXPOSURE AND FACILITATING UNLAWFUL PUBLIC EXPOSURE; REGULATING THE PROVISION OF ENTERTAINMENT INVOLVING NUDITY, AND PROVIDING PENALTIES FOR THE COMMISSION OF SAID OFFENSES; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Pasco, has determined that the activities defined and prohibited herein- after are detrimental to the public health, safety, morals and general welfare and, therefore, such activities must be regu- lated as provided herein; 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, promotes prostitution and other illegal activity and degrades the quality of the City's residential and business environment, and WHEREAS, the City Council finds that the provision of entertainment of the type described hereinafter when performed in close proximity to patrons of establishments in which such entertainment is provided tends to and does promote unlawful conduct and conduct which is detrimental to the public health, safety, morals and general welfare of the community; and WHEREAS, the City Council intends to regulate conduct as set forth hereinafter for the purpose of discouraging such illegal activity, reducing the need to expend law enforcement resources, and protecting the quality of the City's residential and business environment without interfering with the free exchange and expression of ideas; NOW, THEREFORE, THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Chapter 9/10 of the Pasco Municipal Code which now reads as follows: LEWD CONDUCT Sections: 9.10.010 9.10.020 9.10.030 9.10.040 9.10.050 Lewd act defined. Public place defined. Committing a lewd act. Aiding and abetting. Violations--Penalties. 9.10.010 LEWD ACT DEFINED. As used in this chapter, "lewd act" means public: (1) Exposure of one's genitals or female breasts; or (2) Touching, caressing or fondling of the genitals or female breats; or (3) Urination or defecation in a place other than a washroom or toiletroom; or (4) Masturbation; or (5) Sexual intercourse. 9.10.020 PUBLIC PLACE DEFINED. As used in this chapter, "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 serve food or drink or provide enter- tainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. 9.10.030 COMMITTING A LEWD ACT. A person is guilty of lewd conduct if he intentionally performs any lewd act in a public place and under circumstances where such act could be observed by any member of the public. 9.10.040 AIDING AND ABETTING. The owner, operator or manager of premises open to the public is guilty of lewd conduct if he intentionally permits or causes any lewd act on said premises. 2 P 9.10.050 VIOLATIONS--PENALTIES. It is unlawful for any person to engage in or permit lewd conduct as specified in this chapter. Every person violating any provision of this chapter shall be guilty of lewd conduct, a misdemeanor, and upon conviction, shall be fined in a sum not to exceed five hundred dollars, or shall be imprisoned in the city jail for a period not exceeding six months, or shall be punished by both such fine and imprisonment. IS HEREBY AMENDED TO READ AS FOLLOWS: PUBLIC EXPOSURE Sections: 9.10.010 Definitions 9 10 020 Unlawful Public Exposure Prohibited 9.10.030 Facilitating Unlawful Public Exposure Prohibited 9.10.040 Exemptions 9.10.050 Location of Performers Providing Certain Forms of Entertainment Prohibited 9.10.060 Affirmative Defenses 9.10.070 Penalty 9.10.080 Severability 9.10.010 DEFINITIONS. As used in this ordinance, the following words and terms shall have the meaning set forth in this section: A. "Expressive dance" means any dance which, when con- sidered in the context of the entire performance, consitutes 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 sub- stantial 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 render 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. 3 E. "Unlawful public 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. F. The word "he" includes masculine, feminine and neuter, therefore, references to "he" shall also be meant to refer to "she." 9.10 020 UNLAWFUL PUBLIC EXPOSURE PROHIBITED. It shall be unlawful for any person to intentionally commit any act con- stituting unlawful public exposure as defined in this chapter 9.10.030 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 public exposure upon said premises. 9.10.040 EXEMPTIONS. The prohibitions set forth in Sections 9.10.020 and .030 shall not apply to any. A. "Expressive dance" as defined in Section 9.10.010. B. Play, opera, musical, or other dramatic work. C. Class, seminar, or lecture, conducted for a scientific, medical or educational purpose. D. Nudity within a locker room or other similar facilities used for changing clothing in connections with athletic or exercise activities. 9.10.050 LOCATION OF PERFORMERS PROVIDING CERTAIN FORMS OF ENTERTAINMENT RESTRICTED. It shall be unlawful for any person to appear in any public place while unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, if allowed to so perform under the exemptions of Section 9.10.040 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. 4 after passage and publication. omor allik age Passed this day of , 1983, and approved by the Mayor. ATTES Passed: Valid: Published- AITT. ED AS TO FORM: 111141 reg Rubstello, City Attorney 5 S It 9.10.060 AFFIRMATIVE DEFENSES. It is an affirmative defense to a prosecution for violation of Section 9.10.020 and .030 that the nudity or other public exposure, when considered in the context in which presented, provided actual literary, artistic, political or scientific value and was not provided for commercial or sexual exploitation or with an emphasis or an appeal to a prurient interest. 9.10.070 PENALTY. Violation of any of the provisions of the chapter consitutes a misdemeanor, punishable by a fine of up to $500, imprisonment for a period of up to six months, or both. 9.10.080 SEVERABILITY. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or un- constitutional by a court of competent jurisdiction, such invalidity or unconstitutionality of any other section, sentence, clause or phrase of this ordinance. Section 2. This ordinance shall take effect five (5) days E. A. Snider / Ev ells, City Clerk AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )ss STATE OF WASHINGTON Julia Long , being first duly sworn on oath deposes and says she is the principal clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news paper in Franklin County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a Legal Advertise ent Ord # 2450 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, for a period of one consecutiv s, commencing on the 6th da y of May , 19 8 3 , and ending on the 6th day of May , 19 83 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 211.20 has been paid in full, also at the rate of 32 inches @ $6.6o Subscribed and sworn to before me this 6th day of May , 19 83 Notary Public in and for the State of Washington residing at Pasco - ORDINANCE NO 2431 AN ORDINANCE AMENDING SECTION 9 10 OF THE PASCO IVIUNICI PAL CODE DEFINING AND PROHIBITING THE CRIMINAL OFFENSES OF UNLAWFUL PUBLIC EX POSURE AND FACILITAT- ING UNLAWFUL PUBLIC EXPOSURE REGULAT- ING THE PROVISION OF ENTERTAINMENT IN- VOLVING NUDITY AND PROVIDING PENALTIES FOR THE COMMISSION OF SAID OFFENSES AND ESTABLISHING AN EF- FECTIVE DATE WHEREAS the City Council of the City of Pasco has determined that the activities defined and prohibited hereinafter are detrimental to the public health safety morals and general welfare and there- fore such activities must be regulated as provided herein and WHEREAS the City 1 Council linos mat certain forms of public nudity in- cluding barroom type to- pless dancing whether or not presented in conjunc tion with the sale of alco- holic beverages promotes prostitution and other ille- gal activity and degrades the quality of the City s raw deniml and business en viornment and WHEREAS the City Council finds that the provi sion of entertainment of the type described hereinafter when performed in close proximity to patrons of es- tablishments in which such entertainment is provided tends to and does promote unlawful conduct and con duct which is detrimental to the 'public health safety morals and general welfare of the community and WHEREAS the City Council intends to regulate conduct as set forth herei nafter for the purpose of discouraging such illegal activity reducing the need to expend law enforcement resources and protecting the quality of the City s rest dential and business envi ronment without interfering with the free exchange and expression of ideas NOW THEREFORE THE CITY OF PASCO DO ORDAIN AS FOLLOWS Section1 Chapter 9/10 of the Pasco Municipal Code which now reads as follows context of the entire perfi i mance is presented p manly as a means displaying nudity as a sall device or for other comme cial exploitation witho substantial expression theme story or ideas B Exposed" means tl state of being revealed e htbited or otherwise re dered open to public vies C Public exposurE means the act of revealin exhibiting or otherwise re der open to public view D "Public place mear any place in which the gel eral public has a right to t present whether or n4 conditioned upon paymel of a fee and includes bi IS not limited to buildinc open to the general publo whether or not access is ri stricted according to agi including those in whic food or drink is served c entertainment provided E Unlawful public e posure means 1 A public exposure c any portion of the huma anus or genitals 2 A public exposure c any portion of the femal breast lower than the Lippe edge of the areola or 3 A public exposur consisting of touching Ca ressmg or fondling of th male or female genitals o female breasts whethe clothed or unclothed F The word he" in cludes masculine lemming and neuter therefore refer ences to he ' shall also tat meant to refer to she 9 10 020 UNLAWFUt PUBLIC EXPOSURE PRO HIBITED It shall be unlaw ful for any person tc intentionally commit an act constituting unlawfu public exposure as definec in this chapter 9 10 030 FACILITATING UNLAWFUL PUBLIC EX; POSURE PROHIBITED II shall be unlawful for the owner lessee managerl operator or other person in charge of any public Place to knowingly permit en courage or cause to be committed whelfr by commission or omission any unlawful public expo- sure upon said premises 9 10 040 EXEMPTIONS The prohibitions set forth in Sections 9 10 020 and 030 shall not apply to any A Expressive dance" as defined in Section 9 10 010 B Play opera musi- cal ocother drSmatic work C Class seminar or lecture conducted for a sci- entific medical or educatio- nal pukpose D Nucli(y4 within a locker room or other similar facilities used for changing clothing in connections with athletic or exercise activ- ities 9 10 050 LOCATION OF PERFORMERS PROVID- ING CERTAIN FORMS OF ENTERTAINMENT RE- STRICTED It shall be un- lawful for any percin to I appear in any public-I:dace while unclothed or with any portion of the buttocks genitals pubic region or fe- male breasts exposed if al- lowed to so perform under the exemptions of Section 9 10 040 except upon a stage or other surface raised at least 18 inches above the level of the floor upon which the closest pa- trons are seated or stand mg nor closer than six feet from the nearest patron 9 10 060 AFFIRMATIVE DEFENSES It is an affir- mative defense to a pros- ecution for violation of Section 9 10 020 and 030 that the nudity or other pub- lic exposure when consid- ered in the context in which presented provided actual literary artistic political or scientific value and was not provided for commercial or sexual exploitation or with an emphasis or an appeal to a prurient interest 9 10 070 PENALTY Vio- lation of any of the prow sions of the chapter consitutes a misdemeanor punishable by a fine of up to $500 imprisonment for a period of up to six months or both 9 10 080 SEVERABIL- ITY If any section sen- tence clause or phrase of this ordinance should be held to be invalid or unc-m- stitutional by a court of competent jurisdiction such invalidity or unconsti- tutionality of any other sec- tion sentence clause or phrase of this ordinance Section 2 This ordi- nance shall take effect five (5) days after passage and publication Passed this 2 day of May 1983 and approved by the Mayor s E A Snider ATTEST s Evelyn Wells , City Clerk APPROVED AS TO FORM , -s-Greg A Rubstello City Attorney Legal No 15054 May 6, 1983 LEWD CONDUCT Sections 9 10 010 Lewd act defined 9 10 020 Public place de- fined • 9 10 030, Committing a lewd act 9 10 040 Aiding and abet ting 9 10 050 Violations—Penal ties 9 10 010 LEWD ACT DE FINED As used in this chapter "lewd act" means public (1) ,Exposure of one s genitals or female breasts or (2) Touching caressing or fondling of the genitals or female breasts or (3) Urination or defeca non in a place other than a washroom or toiletroom or (4) Masturbation or (5) Sexual intercourse 9 10 020 PUBLIC PLACE DEFINED As used in this chapter public pla ce ' means an area gener- ally visible to public view and Includes streets side walks bridges alleys pla zas parks driveways parking lots automobiles (whether moving or not) and buildings open to the general public including those which serve food or drink or provide entertain ment and the doorways and entrances to buildings or dwellings and the grounds enclosing them 9 10 030 COMMITTING A LEWD ACT A person is guilty of lewd conduct if he intentionally performs any lewd act in a public place and under circumstances where such act could be observed by any member of the public 9 10 040 AIDING AND ABETTING The owner op- erator or manager of prem- ises open to the public is guilty of lewd conduct if he intentionally permits or causes any lewd act on said premises 9 10 050 VIOLATIONS— PENALTIES It is unlawful for any person to engage in or permit lewd conduct as specified in this chapter Every person violating any provision of this chapter shall be guilty of lewd con- duct a misdemeanor and upon conviction shall be fined in a sum not to ex coed five hundred dollars or shall be imprisoned in the city jail ror a period not exceeding six months or shall be punished by both such fine and imprison , ment IS HEREBY AMENDED TO READ AS FOLLOWS PUBLIC EXPOSURE Sections 9 10 010 Definitions 9 10 020 Unlawful Public Exposure Prohibited 9 10 030 Facilitating Un- lawful Public Exposure Prohibited 9 10 040 Exemptions 9 10 050 Location of Per formers Providing Certain Forms of Entertainment Prohibited 9 10 060 Affirmative De tenses 9 10 070 Penalty 9 10 080 Severability 9 10 010 DEFINITIONS As used in this ordinance the following words and terms shall have the mean- ing set forth in this section A 'Exposure dance means any dance which I when considered in the context of the entire perlor mance consitutes an ex- pression of theme story or ideas but excluding any dance such as but not limi- ted to common barroom type topless dancing which when considered in the g LEGALS LEGALS 4 r , - / FINANCE DEPARTMENT (5091 5453401 Scan 726 3401 CITY of P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 May 3, 1983 Tri City Herald P.O Box 2608 Pasco, Washington 99302 Attn Sue Bateman Dear Sue ! Please publish Ordinance Nos 2450 and 2451 on the following date May 6, 1983 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew