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HomeMy WebLinkAbout2013-003 YMC Amendment 6.55; Public Safety and MoralsORDINANCE NO. 2013 -003 AN ORDINANCE relating to Public Safety and Morals; amending the City of Yakima Municipal Code, repealing certain sections of Chapter 6.55 for the purpose of adopting the equivalent and /or similar Revised Code of Washington statutes: Communication with minor for immoral purposes, Failure to register as a sex offender or kidnapping offender, Prostitution, Patronizing a prostitute, and Permitting prostitution; adopting Revised Code of Washington statute relating to indecent exposure; re- titling Section 6.55.020 and amending the statutory language to reflect the new title; enacting a new section relating to violation of conditions of release or conditions of suspension or deferral for an offense under Chapter 6.55; and changing the title of Chapter 6.55 to reflect the new contents and purpose. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The Title of Chapter 6.55 of the Yakima Municipal Code is hereby amended to read as follows: "Offenses Against Public Decency and Morality." Section 2. The following sections of Chapter 6.55 of the City of Yakima Municipal Code are hereby repealed: 6.55.040 Communication with minor for immoral purposes. 6.55.060 Fail to register as a sex offender. 6.55.080 Prostitution. 6.55.090 Patronizing a prostitute. 6.55.100 Permitting prostitution. 6.55.105 Prostitution and patronizing a prostitute — Nondefenses. Section 3. A new section, 6.55.015, of the City of Yakima Municipal Code is hereby adopted to read as follows: 6.55.015 Statues adopted. The following Revised Code of Washington (RCW) sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 9.68A.090 Communication with minor for immoral purposes. RCW 9A.44.132 Failure to register as a sex offender or kidnapping RCW 9A.88.010 RCW 9A.88.030 RCW 9A.88.050 RCW 9A.88.090 RCW 9A.88.110 offender. Indecent exposure. Prostitution. Prostitution – sex of parties immaterial – no defense. Permitting prostitution. Patronizing a prostitute. Section 4. The following section, 6.55.020, of the City of Yakima Municipal Code is hereby re- titled and amended to read as follows: 6.55.020 Offensive exposure. A. It is unlawful for any person to willfully make an offensive exposure in a public place other than a public place provided or set apart for nudity, or to knowingly permit another person ten years of age or older to make an offensive exposure in a public place other than a public place provided or set apart for nudity. B. An offensive exposure is an exposure of: 1. A person's genitals or parts thereof; or 2. A person's pubic hair, or pubic area; or 3. One third of the buttocks centered over the cleavage of the buttocks for the length of the cleavage. This area is more particularly described as that portion of the buttocks which lies between the top and bottom of the buttocks, and between two imaginary straight lines, one on each side of the anus and each line being located one third of the distance from the anus to the outside perpendicular line defining the buttocks, and each line being perpendicular to the ground and to the horizontal lines defining the buttocks; or 4. The areola, the nipple and /or the area of the breast below the bottom of the areola of the female breasts. 5. Applicable Provisions. a. The body areas listed in this section are exposed to view unless covered with anything other than an opaque covering. b. Attire which is insufficient to comply with these requirements includes but is not limited to those items commonly known as G- strings, T- backs, dental floss, and thongs. c. Body paint, body dye or tattoos, although opaque, do not constitute adequate coverage of the body areas described above. C. This prohibition shall not be construed to limit or restrict lawful expressive nude activity, including but not limited to: 1. The act of breastfeeding or expressing breast milk; or 2. Classes, seminars, and lectures held for serious scientific or educational purposes; or 3. Lawful, First Amendment protected protests; or 4. Artistic or dramatic performances in a theater. Any exposure accomplished primarily for the purpose of sexual gratification or stimulation of one's self or another is not lawful expressive nude activity. D. Offensive exposure is a misdemeanor, however, if the person exposes himself or herself to a person under the age of fourteen years; then the offensive exposure is a gross misdemeanor. Section S. A new section, 6.55.115, of the City of Yakima Municipal Code is hereby adopted to read as follows: 6.55.115 Violation of conditions of release or conditions of suspension or deferral for an offense under Chapter 6.55. A. The presence of any person within a designated area in violation of court imposed conditions of release for any offense under Chapter 6.55 or conditions of suspension or deferral of any sentence for any offense under Chapter 6.55 shall constitute a separate crime and any such person may be apprehended and arrested without necessity for any warrant or additional court order. B. A violation of this section is a misdemeanor. Section 6. This ordinance shall be in full force and effect 30 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 19th day of February, 2013. �//" (ah, Micah Cawley, yor S Publication Date: February 22, Effective Date: March 24, 2013 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: February 19, 2013 ITEM TITLE: Ordinance relating to Public Safety and Morals; amending the City of Yakima Municipal Code, repealing certain sections of Chapter 6.55 for the purpose of adopting the equivalent and /or similar Revised Code of Washington statutes; re- titling and amending Section 6.55.020; enacting a new section relating to violation of conditions of release or conditions of suspension or deferral for an offense under Chapter 6.55; and changing the title of Chapter 6.55 to reflect the new contents and purpose. SUBMITTED BY: Jeffrey Allen Schaap, Assistant City Attorney CONTACT Jeffrey Allen Schaap, (509) 575 -6033 PERSON /TELEPHONE: SUMMARY EXPLANATION: The City Municipal Code Chapter 6.55, "Sex Offenses," currently consists of city codes relating to crimes which have traditionally been defined as sex offenses, including offenses such as lewd conduct, indecent exposure, and prostitution. This proposed ordinance would repeal some of the city codes in Chapter 6.55 and would replace them with the equivalent - Revised Code of Washington statutes (RCWs). The RCWs for communication with minor for immoral purposes, failure to register as a sex offender or kidnapping offender, prostitution, patronizing a prostitute, and permitting prostitution would be adopted and the equivalent city codes would be repealed. State statutes can be beneficial in that case law provides guidance on issues of statutory interpretation and State statutes allow for the use of standard pattern jury instructions. The use of State statutes in this instance will provide greater certainty and uniformity. Moreover, with regard to communication with minor for immoral purposes, a conviction under the RCW will trigger sex offender registration requirements; whilst a conviction under the current equivalent city code does not. This ordinance also adopts the RCW for indecent exposure and re- titles our current indecent exposure ordinance as offensive exposure. While the RCW for indecent exposure is narrower than our current statute, this change would not repeal the current statute but rather would give officers the option of charging the RCW for "Indecent Exposure" or the broader city code for "Offensive Exposure." Necessitating this proposed change is the fact that a charge for Indecent Exposure under the RCW is a felony if a person has been convicted of Indecent Exposure previously under the RCW. Convictions under our city code • for Indecent Exposure do not count towards a felony charge. However, by maintaining our current Indecent Exposure statute under the proposed new title of "Offensive Exposure," officers can use this charge in circumstances where the narrower RCW for Indecent Exposure might not apply. is With regard to prostitution and the problem of prostitution within certain areas of the city, specifically North First Street, this proposed ordinance would adopt a new section, 6.55.115, which would make the violation of a court order that prohibits a person from being in a certain area of the city entered on a Chapter 6.55 offense a misdemeanor, and would enable police to make an arrest of such individual. Orders restricting a defendant from being within a specific area are often entered by the Municipal Court as a condition of release or condition of sentence in prostitution cases. Prostitution has been a continual problem in the _ North First Street area. These stay out of areas orders enable the court to restrict defendants from certain areas that are known for high levels of prostitution activity. The new code section would allow police to enforce these orders by making an arrest and charging the defendant for violation of the order. Lastly, this ordinance would rename Chapter 6.55 "Offenses Against Public Decency and Morality." Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Public Decency Ordinance Final ❑ Public Decency Ordinance Strikeout • ORDINANCE NO 2013- AN ORDINANCE relating to Public Safety and Morals; amending the City of Yakima Municipal Code, repealing certain sections of Chapter 6.55 for the purpose of adopting the equivalent and /or similar Revised Code of Washington statutes: Communication with minor for immoral purposes, Failure to register as a sex offender or kidnapping offender, Prostitution, Patronizing a prostitute, and Permitting prostitution, adopting Revised Code of Washington statute relating to indecent exposure, re- titling Section 6.55.020 and amending the statutory language to reflect the new title, enacting a new section relating to violation of conditions of release or conditions of suspension or deferral for an offense under Chapter 6.55, and changing the title of Chapter 6.55 to reflect the new contents and purpose BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 The Title of Chapter 6.55 of the Yakima Municipal Code is hereby amended to read as follows: "Rpe,; Offenses Against Public Decency and Morality " Section 2. The following sections of Chapter 6.55 of the City of Yakima Municipal Code are hereby repealed: 655040 . 655060 55 QRQ 0.,.r Section 3. A new section, 6.55 015, of the City of Yakima Municipal Code is hereby adopted to read as follows: 6.55 015 Statues adopted. The following Revised Code of Washington (RCW) sections, as currently enacted or as hereafter amended or recodified from time to time, are hereby adopted by reference and shall be given the same force and effect as if set forth herein in full: RCW 9.68A.090 Communication with minor for immoral purposes. RCW 9A.44.132 Failure to register as a sex offender or kidnapping RCW 9A.88.010 RCW 9A.88.030 RCW 9A.88.050 RCW 9A.88.090 RCW 9A.88.110 offender Indecent exposure Prostitution. Prostitution — sex of parties immaterial — no defense Permitting prostitution. Patronizing a prostitute JAS, ordinance �Offenses _against Public Decency page 1 of 3 Section 4 The following section, 6.55.020, of the City of Yakima Municipal Code is hereby re- titled and amended to read as follows: 6.55.020 IRGIGGGRt 9XPQ661F9_ Offensive exposure A. It is unlawful for any person to willfully make an iRdeeeRR offensive exposure in a public place other than a public place provided or set apart for nudity, or to knowingly permit another person ten years of age or older to make an 0ndPgP^' ^ ^ offensive exposure in a public place other than a public place provided or set apart for nudity B. An iadeseRt offensive exposure is an exposure of 1 A person's genitals or parts thereof; or 2. A person's pubic hair, or pubic area, or 3 One third of the buttocks centered over the cleavage of the buttocks for the length of the cleavage This area is more particularly described as that portion of the buttocks which lies between the top and bottom of the buttocks, and between two imaginary straight lines, one on each side of the anus and each line being located one third of the distance from the anus to the outside perpendicular line defining the buttocks, and each line being perpendicular to the ground and to the horizontal lines defining the buttocks; or 4 The areola, the nipple and /or the area of the breast below the bottom of the areola of the female breasts. 5 Applicable Provisions. a. The body areas listed in this section are exposed to view unless covered with anything other than an opaque covering b Attire which is insufficient to comply with these requirements includes but is not limited to those items commonly known as G- strings, T- backs, dental floss, and thongs. c. Body paint, body dye or tattoos, although opaque, do not constitute adequate coverage of the body areas described above C This prohibition shall not be construed to limit or restrict lawful expressive nude activity, including but not limited to 1 The act of breastfeeding or expressing breast milk; or 2. Classes, seminars, and lectures held for serious scientific or educational purposes; or 3 Lawful, First Amendment protected protests, or 4 Artistic or dramatic performances in a theater Any exposure accomplished primarily for the purpose of sexual gratification or stimulation of one's self or another is not lawful expressive nude activity D Indpgpnt Offensive exposure is a misdemeanor, however, if the person exposes himself or herself to a person under the age of fourteen years, then the iadeseRt offensive exposure is a gross misdemeanor Section 5. A new section, 6.55 115, of the City of Yakima Municipal Code is hereby adopted to read as follows: JAS, ordinance �Offenses _against Public Decency page 2 of 3 6.55 115 Violation of conditions of release or conditions of suspension or deferral for an offense under Chapter 6.55 A. The presence of any person within a designated area in violation of court imposed conditions of release for any offense under Chapter 6.55 or conditions of suspension or deferral of any sentence for any offense under Chapter 6.55 shall constitute a separate crime and any such person may be apprehended and arrested without necessity for any warrant or additional court order B. A violation of this section is a misdemeanor Section 6. This ordinance shall be in full force and effect 30 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 day of , 2013 ATTEST City Clerk Publication Date Effective Date Micah Cawley, Mayor JAS, ordinance �Offenses _against Public Decency page 3 of 3