HomeMy WebLinkAbout06/02/2009 17 Indecent Exposure; YMC Amendment 6.55.010 and New Section 6.55.240 ill BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 17
For Meeting of June 2, 2009
ITEM TITLE: An ordinance relating to Public Safety; amending section 6.55.010 of the City of
Yakima Municipal Code by adding a definition for breast, buttocks, public place,
and public place provided or set aside for nudity; amending section 6.55.020 of
the City of Yakima Municipal Code by prohibiting the exposure of certain body
parts, allowing a person who facilitates the exposure to also be criminally
charged and providing other clarifying language for the offense of Indecent
Exposure; and adding a new section 6.55.240 providing a severability clause for
chapter 6.55 of the City of Yakima Municipal Code.
SUBMITTED BY: Cynthia I. Martinez, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Cynthia I. Martinez. 575 -6033
SUMMARY EXPLANATION: The United States Supreme Court has recognized the right of
cities to regulate offensive conduct in public places and the Washington Supreme Court has
acknowledged a city's power to regulate public nudity. Such regulations are justified by
• considerations of public morals and general welfare, both incident to the general police power
of municipalities. Indecent exposure is the intentional exposure of one's body in a place where
such exposure is likely to be an offense against the generally accepted standard of decency.
There is precedence for regulating the exposure of those body parts associated with sexual
arousal and the elimination of bodily waste.
Recent complaints of indecent exposure have revealed some language confusion in the
current ordinance prohibiting indecent exposure. The proposed changes to this ordinance
adds definitions for the terms breast, buttocks, public place and public place provided or set
apart for nudity, allows a person facilitating the indecent exposure to be charged with a crime,
clarifies those bodily areas which are prohibited from being exposed and the exceptions to
those prohibitions. A "severability clause," is also proposed to be added to chapter 6.55, which
will allow the rest of the provisions to continue to be enforceable if a portion of the code is
challenged.
Resolution Ordinance Contract Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: G�
,Q v,74'n,3 City Manager
STAFF RECOMMENDATION: Pass Ordinance.
410 BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
•
III ORDINANCE NO. 2009 -
AN ORDINANCE An ordinance relating to Public Safety; amending section 6.55.010 of the
City of Yakima Municipal Code by adding a definition for Breast, Buttocks,
Public place, and Public place provided or set aside for nudity; amending
section 6.55.020 of the City of Yakima Municipal Code by prohibiting the
exposure of certain body parts, allowing a person who facilitates the
exposure to also be criminally charged and providing other clarifying
language for the offense of Indecent Exposure; and adding a new section
6.55.240 providing a severability clause for Chapter 6.55 of the City of
Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 6.55.010 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6.55.010 Definitions.
As used in this chapter.
"Breast" means the human mammary gland.
"Buttocks" means the areas at the rear of the body which lies between two imaginary lines
running parallel to the ground when a person is standing, the first or top such line drawn at the
• top of the cleavage of the nates and the second or bottom line drawn at the lowest visible point
of this cleavage or the lowest point of the curvature of the fleshy protuberance whichever is
lower, and between two imaginary lines on each side of the body , which lines are
perpendicular to the ground and to the horizontal lines described above, and which
perpendicular line are drawn through the point at which each nate meets the out side of each
leg.
"Minor" means any person under -less than eighteen years of age.
"Public place" means any location open to the common and general use, participation, or
enjoyment of the public where the public is present or likely to be present, or any location where
a person may reasonably be expected to be observed by the public; this definition includes, but
is not limited to, places open to the public for business or commercial purposes.
"Public place provided or set apart for nudity" means a public place such as a public
restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel or
hotel room designed and intended for sleeping accommodations, or the location of a bona fide
private club whose membership as a whole engages in social nudism or naturalism (a nudist
camp), an adult entertainment establishment as defined under chapter 15.09.200 of the City of
Yakima Municipal Code, and any similar public places in which nudity is necessarily and
customarily expected outside of the home and the sphere of privacy constitutionally protected
therein.
"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 or a third party.
"Significant relationship" means a situation in which the perpetrator is:
1. A person who undertakes the responsibility, professionally or voluntarily, to provide
education, health, welfare, or organized recreational activities principally for minors; or
2. A person who in the course of his or her employment supervises minors.
• "Abuse of a supervisory position" means a direct or indirect threat or promise to use authority
to the detriment or benefit of a minor.
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"Married" means anyone who is legally married to another, but does not include a person who •
is living separate and apart from his or her spouse and who has filed in an appropriate court for
legal separation or for dissolution of his or her marriage.
Section 2. Section 6.55.020 of the City of Yakima Municipal Code is hereby
amended to read as follows:
"6.55.020 Indecent exposure.
A. It is unlawful for any person to willfully make an indecent exposure in a public place other
than a public place provided or set apart for nudity, or to knowingly permit another person 10
years of age or older to make an indecent exposure in a public place other than a public place
provided or set apart for nudity. - - e - • e - • : - . •• - -• -
B. An indecent exposure is an exposure of:
j� 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 breastfeedinq 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 theatre.
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. _ - _ _ _ e _ _ _ •_ __ _ _ _ _ -'e _ • • -, Indecent exposure is a
misdemeanor, however,
'e---• _ _ - _ _ .. _ . _ _ en th fist offense if the person exposes
himself or herself to a person under the age of fourteen years; then the Indecent exposure is a
gross misdemeanor.
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Section 3. Section 6.55.240 entitled, "Severability," is hereby added as a new section to
Chapter 6.55 of the City of Yakima Municipal Code and shall read as follows:
if any section, subsection, paragraph, sentence, clause or phrase of this chapter is
declared unconstitutional or invalid for any reason, such decision shall not affect the validity
of the remaining parts of the particular section or of this chapter."
Section 4. 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 2" day of June, 2009.
David Edler, Mayor
ATTEST
City Clerk
Publication Date:
Effective Date:
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