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HomeMy WebLinkAbout1978-2246 DEFINING INDECENT & LEWD CONDUCT. ORDINANCE NO 6:7..7V6 AN ORDINANCE relating to public safety and morals; defining indecent conduct and lewd conduct; and amending Section 6.04.375 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 Indecent conduct--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 exploitation of sexually related conduct which is offensive to the public morals; and the City Council deems it to be necessary 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. Definitions. • (1) Indecent act defined. As used in this section, 'indecent act' means: • 1. The exposure by any person of that per- son'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; or 2. Urinating or defecating in a place other 411 than a washroom or toilet room. (2) Lewd act defined. As used in this sec- tion, 'lewd act' means: 1. 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; 2. Sexual intercourse involving two or more persons, regardless of their sex, or any act of sexual conduct between persons involving the sex organs of one person 411 and the mouth or anus of another; or the simulation of any such intercourse or act; or 3. Masturbation. 411 C. Unlawful conduct. any indecent I'I is for publi c perform at a place and under circumstances where such act could be observed by any member of the public. • • (2) It is unlawful for any person to perform any indecent act or lewd act at any place of business open to the public, or at any place of business where, by the pay- ment of a 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 perfor- mance of any such indecent or lewd act. 411 (3) It is unlawful for any person, firm or corpora- tion to own, manage or otherwise conduct a place of busi- ness where any indecent act or lewd act occurs in violation of Subsection C (2) of this section. (4) It is unlawful for any person to pay any fee, charge or other consideration for the purpose of parti- cipating in or observing the performance of any indecent or lewd act." Section 2. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as pro- vided 411 by law and by the City .Charter. PASSED BY THE CITY COUNCIL, signed and approved this /6 day of 4)Jel„,.4e..„. , 1978. AA. LLle Mayor ATTEST: . AP Ci C er 111 110 • -2- •