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 Section 5.96.030 is hereby repealed.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