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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 . �� (,��� � OR, LINDA K HMAR ATTEST: � � . 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 Ordinance No. 10-670 Page 4 of 4