HomeMy WebLinkAboutOrd 1116 - Lewd Conduct
A. "Lewd act" means:
1. Touching, caressing or fondling the genitals;
2. Exposure of one's own erect penis;
3. Masturbation;
4. Sexual intercourse;
5. Urination or defecation other than in a restroom.
COUNCIL ACTION
MEETING I DATE
TYPE
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO
AN ORDINANCE OF THE CITY OF TUKWILA RELATING TO LEWD CONDUCT
AND PRESCRIBING PENALTIES.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Definitions. For purposes of this ordinance, the
following definitions shall apply:
AGENDA
ITEM
Sd
Provided, however, that artistic or dramatic performances in a
theater or museum shall be deemed not within the foregoing defini-
tion. Among circumstances to be considered in determining whether
a performance is artistic or dramatic and thereby excluded from
this definition are whether the work, taken as a whole (1) appeals
to the prurient interest; (2) depicts or describes, in patently
offensive way, sexual conduct constituting a lewd act; or (3)
lacks serious literary, artistic, political or scientific value.
Provided, further, that a "theater" shall not include any premises
wherein alcoholic beverages are served.
B. "Public place" means:
1. Any place open to the public, including public restrooms;
2. Any place easily visible from a public thoroughfare or
from the property of another; and
3. Any vehicle which is itself located in a public place
as defined herein, such that activities inside the
vehicle may be observed by a member of the public.
C. "Lewd assault" means the uninvited touching, or uninvited
attempt to touch, coupled with an apparent present ability
to complete the act, another person's genitals, pubic area,
or buttocks, or the female breast.
Section 2. Lewd Conduct Prohibited. No person shall intentionally
perform any lewd act ta) in a public place, or (b) in any place under such
circumstances as to make it difficult for an unwilling member of the public
to avoid exposure.
Section 3. Lewd Assault Prohibited. No person shall intentionally
commit a lewd assault.
Section 4. Revocation of Business Licenses. If the owner, manager
or operator of any premises open to the public intentionally permits any
lewd act to occur in public on the premises, such permission shall constitute
cause for the revocation of any business license granted or issued by the
City for such premises. Revocation shall be accomplished pursuant to
applicable city ordinances governing revocation proceedings.
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Ordinance N
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Section 5. Penalty. Any person who violates Section 3 or 4
of this ordinance shall be guilty of misdemeanor and on conviction thereof
shall be punished by a fine not to exceed $500 and /or by imprisonment not
exceeding 90 days.
Section 6. Severability. If any section, subsection, paragraph,
sentence, clause or phrase of this ordinance is declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 7. Effective Date. This ordinance shall take effect
,71 1979.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this day of 1979.
App oved as to Form:
Ci y Attorney,
Mayor
ATTEST
'CI Clerk
02e'
awren Hard
Published in the Record Chronicle June 10, 1979
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