ORD 10-670ORDINANCE NO. 10-670
AN ORDINANCE of the City of Federal Way, Washington, relating to
lewd conduct, amending FWRC 6.45.010, "Definitions" and adding a
new section to Chapter 6.45 FWRC, "Public Morals" (Amending Ord.
Nos. 09-601, 91-94, 91-89, and 90-53.)
WHEREAS, the City has adopted regulations set forth in Chapter 6.45 of the Federal Way
Revised Code that govern public morals; and
WHEREAS, the City has not adopted regulations that prohibit lewd conduct in public places;
and
WHEREAS, the City desires to adopt regulations that prohibit said conduct; and
WHEREAS, this ordinance is in the interest of the public's health, safety and welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Federal Way Revised Code 6.45.010 Definitions is hereby amended to read as
follows:
6.45.010 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly
requires otherwise. Terms not defined here are defined according to FWRC 1.05.020.
"Act of prostitution" or "prostitution" means engaging, offering to engage, or agreeing
to engage in sexual contact or sexual conduct with any person in return for a fee.
"Actor" means a person who engages in conduct in violation of this chapter.
"Exposed" means the state of being revealed, exhibited or otherwise rendered to public
view.
"Expressive dance" means any dance which, when considered in the context of the
entire performance, constitutes an expression of theme, story, ar 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
substantial expression of theme, story or ideas, and the conduct appeals to the prurient
interest, depicts sexual conduct in a patently offensive way and lacks serious literary,
artistic, political or scientific value.
Ordinance No. 10-670 � Page 1 of 4
"Fee" means money, any negotiable instrument, any good or service having value, ar
any other consideration.
"Known prostitute or panderer" means a person who, within one year prior to the date
of arrest far a violation of this chapter, has been convicted of a criminal violation of any
ordinance or law of any jurisdiction within the state prohibiting acts of soliciting,
committing, or offering or agreeing to commit prostitution.
"Public Place" means an area eg nerallv visible to public view, and includes streets,
sidewalks brid eg s allevs plazas parks drivewa ��s, parkin� lots, automobiles (whether
movin or not) and buildings open to the eg neral public, including those which serve
food or drink or provide entertainment and the doorwys and entrances to buildings or
dwellings and the �rounds enclosin� them and businesses contained in structures which
can serve customers who remain in their vehicles bv means of a drive-up window.
"Sexual conduct" means:
(1) Sexual intercourse within its ordinary meaning, occurring upon any penetration,
however slight;
(2) Any penetration of the vagina or anus, however slight, by an object, when committed
on one person by another, whether such persons are of the same or opposite sex, except
when such penetration is accomplished for medically recognized treatment or diagnostic
purposes;
(3) Any act of sexual contact between persons involving the sex organs of one person and
the mouth or anus of another whether such persons are of the same or opposite sex; and
(4) Masturbation, manual or instrumental, of one person by another.
"Sexual contact" means any touching of the sexual or other intimate parts of a person
done for the purpose of gratifying sexual desire of either party.
Section 2. Chapter 6.45 of the Federal Way Revised Code is hereby amended to add a
new section to read as follows:
6.45.025 Lewd Conduct
(1) A person is guilty of lewd conduct if in a public place the person intentionallv:
(a) Exposes anv of the following body_parts of the person without a full and
opaque covenng_
�i�y_part of the male or female genitals, pubic hair, pubic area,
perineum, anus, ar bottom one-half of the anal cleft;
�ii) AnYpart of the areola or nipple of the female breast; or
(iii) More than one-half of the part of the female breast located below the
top of the areola. The covered area shall be reasonably compact and
contiguous to the areola.
�b) Exposes the male �enitals in a discernibl�gid state, even if full r�
opaquely covered.
(c) Touches caresses or fondles the �enitals or female breast, whether clothed or
unclothed;
�d) Masturbates; or
Ordinance No. 10-670 Page 2 of 4
(e) Enga�es in sexual conduct or sexual contact.
�2) A full and opaque coverin� within the meanin�of this section does not include bodv
paint bod�dve tattoos latex tape or any similar substance a�plied to the skin surface,
any substance that can be washed off the skin or any substance desi�ned to simulate or
b which b v its nature simulates the appearance of the anatomical area beneath it.
(3) This section shall not be construed to prohibit:
(a) The act of breastfeeding or expressing breast milk;
(b) Classes seminars and lectures held for serious scientific or educational
purposes;
(c) Plavs, operas, musicals, or other dramatic works which are not obscene
(d) Adult entertainment activities operating pursuant to Chapter 12.10 FWRC;
(e) Bathhouse activities operatin�pursuant to Chapter 12.40 FWRC.
(fl Conduct of a child under 10 vears of age; or
(�) Places in which nudity is necessarilv and customarilv expected outside of the
home such as a restroom or locker room.
(4) The owner lessee mana eg r operator or other person in char eg of a public place is
guiltv of facilitatin� lewd conduct if the person knowingly permits, encoura�es, or
causes to be committed lewd conduct.
(5) Lewd conduct and facilitatin� lewd conduct is a misdemeanor.
Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
referencesthereto.
Ordinance No. 10-670 Page 3 of 4
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this Sth day of October, 2010.
CITY OF FEDERAL WAY
. �� (,���
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OR, LINDA K HMAR
ATTEST:
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CITY CLERK, CAR L MCN IL Y, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 09/14/2010
COLJNCIL BILL NO. 550
PASSED BY THE CITY COUNCIL: 10/5/2010
PUBLISHED: 10/9/2010
EFFECTIVE DATE: 11/8/2010
ORDINANCE NO.: 10-670
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