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HomeMy WebLinkAbout4237 ORDINhNCE NO. _'~~ AN ORDINANCE amending the definition of lewd conduct, and regulations of erotic dance studios, and amending Bremerton Municipal Code 9A.44.070 and , 5.96. CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amen4ment. Section 9A.44.070 is hereby amended to read as follows: 9A.44.070 LEWD CONDUCT. (a) (1) A person is guilty of lewd conduct if he intentionally perfo~s a lewd act in a public place or at a place and under circumstances where such act could be observed by the public. (2) The owner or operator of premises open to the public is guilty of a misdemeanor if he intentionally pe~its lewd conduct in a public place under his control. (b) "Lewd act" means: (1) Public exposure of one's genitals, buttocks, or ~ ~ any portion of female breast below the top of the areola; or (2) Public touching, caressing or fondling of the genitals or female breasts; or (3) Public urination or defecation in a place other than a washroom or toilet room; or (4) Public masturbation; or (5) Public sexual intercourse. ~ ~~+~ =~~ ~. +~ +~ ........ v~ which, =~'~ +~ +~ pc!iticm! er scientific vm!ue. This chapter shall not be construed to prohibit: 1. Plays, operas, musicals, or other dramatic works which are not obscene; 2. Classes, seminars and lectures held for scientific or educational purposes; 3. Exhibitions or dances which are not obscene. (c) "Public" or "public display" means easily visible from a public thoroughfare or from property of others, or in a public place in a manner so obtrusive as to make it difficult for a unwilling person to avoid exposure. Section Z. ~en~ent. Section 5.96.020 (4) is hereby amended to read as follows: (4) "Erotic dance studio" means a--~iq~e~place of business o__r establishment where one or more dancers or other live performers whick ~mpk~i ..... ~ ~ ~ ..... ~ ......... ~ ...... emphasize and seek to arouse or excite the patrons' sexual desires. It shall be prima facie evidence that a place of business or establishment is an erotic dance studio when one or more dancers or performers display or expose, with less than a full opaque covering, that portion of the female breast lower than the upper edqe of the areola. Section 3. Repeal. Section 5.96.030 is hereby repealed. Section 4. Amendment. Section 5.96.040 is hereby amended to read as follows: 5.96.040. CERTAIN ACTIVITIES PROHIBITED. No person shall perform lewd acts as defined in RCW 9A.!~.970 BMC 9A.44.070. Approved~y.~h~ City Council on the first reading this /Y /~ 1989. day of . ~f/3~_~? , / ,~ PASSED by the City Council~ of the City~j Bremerton this ~ 3 day of ,~~~~ , 198~./ / ~ ~NCER ~~ .// ~uncil Pres~~ ~E LOBE, Mayor ATTEST: ~THLEEN L. McCLUSKEY City Clerk