HomeMy WebLinkAboutOrd 1115 - Indecent Exposure COUNCIL ACTION
MEETING DATE ACTION
AGENDA I ACTION
TYPE ITEM
11 1100
a
CIT Y OF
TUKWILHH
WASHINGTON 1 I
ORDINANCE NO. 1115
AN ORDINANCE OF THE CITY OF TUKWILA RELATING TO INDECENT
EXPOSURE AND PRESCRIBING PENALTIES, AND REPEALING ORDINANCE
NO. 570, SECTION 10 AND ORDINANCE NO. 720.
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:
A. "Indecent exposure" shall mean showing, or making open
to view, one's genitals, pubic area, or buttocks, or the
mature female breast. Provided, however, that artistic
or dramatic performances in a theater or museum shall be
deemed not within the foregoing definition. Among circum-
stances 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" shall mean:
1. Any place open to the public, or open to public view.
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.
Section 2. Indecent Exposure Prohibited. No person shall
intentionally make any indecent exposure of his /her person in a public place.
Section 3. Revocation of Business Licenses. If the owner,
manager or operator of any premises open to the public intentionally permits
any indecent exposure 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.
Section 4. Penalty. Any person who violates Section 3 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 5. 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 6. Repealer. The following are hereby repealed:
Ordinance No. 570, Section 10, adopted August 4, 1969 and Ordinance No.
720, adopted August 7, 1972. Both are codified as Tukwila Municipal Code
Section 8.04.100.
Ordinance No. 1115
Page 2
Approved as to Form:
Section 7. Effective Date. This ordinance shall take effect
1979.
PASSED BY THE CITY COUNCIL OF THE CITY OF T KW�WILA, WASHINGTON,
at a regular meeting thereof this 4/ 4? day of ��,e� 1979.
ATTEST:
City Attorney, Lawrence Hard
Published in the Record Chronicle June 10, 1979
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