HomeMy WebLinkAbout1977-2074 SEXUALLY RELATED AND LEWD CONDUCT OR ACTS. •
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ORDINANCE NO. r)(
AN ORDINANCE relating to public safety and morals; declaring the
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policy of the Yakima City Council concerning the com-
mercial exploitation of sexually related conduct;
defining lewd acts; prohibiting lewd acts in public
411 places and places of business; prohibiting the owner-
ship, management, conduct or patronage of a business
engaged in lewd conduct; amending Section 6.04.375,
• and repealing-Sections 6.04.055,.6.04.260, 6.04.305
and 6.04.355, all of the City of Yakima Municipal
• Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.04.375 of the City of Yakima Municipal
Code is hereby amended to read as follows:
"6.04.375 Lewd conduct.
A. Declaration of policy. The City Council finds
that presently, within the City of Yakima,, there is a
noticeable increase in the competitive commercial exploita-
tion of sexually related conduct which is offensive to the
public morals; and the City Council deems it to be neces-
sary for the preservation of the public morals, 'health,
safety and welfare that all measures within the police power
of the City be exercised to prohibit or reduce as much as
possible such conduct and.its exploitation, and the City
Council therefore enacts this section for such purpose,
but not for the purpose of prohibiting or interfering with
the public's constitutional right of free expression.
B. Lewd act defined. As used in this section, a
'lewd act' is:
1. The exposure by any person of that person's
genitals, or parts thereof, any pubic hair
• or pubic. area or buttocks; or the exposure
of a female breast or breasts below the top
of the areola.
2. The touching, caressing or fondling of the
genitals of any person by that person or by
another; the touching, caressing or fondling
of a female breast or breasts by.that-female
or by another person; or the simulation of any
such acts;
410 3. Sexual intercourse involving two or more per- .
sons, regardless of their sex, or any act of
. sexual conduct between persons involving the •
sex organs of one person and the mouth or anus
of another; or the simulation .of any such inter-
. course or act;
4. Masturbation; or •
5. Urinating or defecating in a place other than
a washroom or toilet room.
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C. Unlawful conduct.
(1) It shall be unlawful for any person to perform
any lewd act in any public place.
Am.
ilP (2) It shall be unlawful for any person to perform
any lewd act at any place of business open to the public,
or at any place of business where, by the payment of any
fee, charge or other consideration, a person is allowed
on the premises or any portion thereof for the purpose of
participating in or observing the performance of any such
lewd act.
(3) It shall be unlawful for any person, firm or
corporation to own, manage or otherwise conduct a place
of business where any lewd act occurs in violation of
Subsection C (2) of this section.
(4) It shall be unlawful for any person to pay any
fee, charge or other consideration for the purpose of
participating in or observing the performance of any lewd
act."
Section 2. Sections 6.04.055, 6.04.260, 6.04.305 and 6.04.355
of the City of Yakima Municipal Code are hereby repealed.
Section 3. This ordinance shall be in full force and effect
thirty days after its passage, approval and publication as provided
by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this CO'f.. day
of 1977.
ge,T. 7■ 07744.412)
e/
Mayor
ATTEST:
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City erk
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