The following statutes of the State of Washington, as now in effect or as may be subsequently amended or recodified, are hereby adopted by reference:
RCW 9A.44.010
Definitions.
RCW 9A.44.096
Sexual misconduct with a minor in the second degree.
RCW 9A.44.120
Admissibility of child’s statement – Conditions.
RCW 9A.44.132
Failure to register as sex offender or kidnapping offender – Refusal to provide DNA.
RCW 9A.44.170
Custodial sexual misconduct in the second degree.
RCW 9A.88.010
Indecent exposure.
RCW 9A.88.030
Prostitution.
RCW 9A.88.050
Prostitution – Sex of parties immaterial – No defense.
RCW 9A.88.090
Permitting prostitution.
RCW 9A.88.110
Patronizing a prostitute.
RCW 9A.88.120
Additional fee assessments.
RCW 9A.88.130
Additional requirements.
RCW 9A.88.140
Vehicle impoundment – Fees – Fines.
RCW 9A.88.150
Seizure and forfeiture.
(Ord. 1363 § 1 (part), 1985; Ord. 1538 § 1, 1989; Ord. 2497 § 5, 2016)
A. 
Definitions.
For purposes of this section, the following definitions shall apply:
1. 
"Expressive dance"
means any dance which, when considering the context of the entire performance, constitutes an expression of theme, story or ideas, but excluding any dance such as, but not limited to, common barroom-type topless dancing which, when considered in the context of the entire performance is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas.
2. 
"Lewd act"
means:
a. 
Touching, caressing or fondling the genitals;
b. 
Exposure of one’s own erect penis;
c. 
Masturbation;
d. 
Sexual intercourse;
e. 
Urination or defecation other than in a restroom.
Provided, however, that the foregoing definition shall not apply to any:
f. 
“Expressive dance” as defined in TMC Section 8.50.020A.1;
g. 
Play, opera, musical or other similar work;
h. 
Class, seminar or lecture conducted for a scientific or educational purpose;
i. 
Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; or
j. 
Non-obscene expression.
3. 
"Public place"
means:
a. 
Any place open to the public, including public restrooms;
b. 
Any place easily visible from a public thoroughfare or from the property of another; and
c. 
Any vehicle which is itself located in a public place as defined in this section, such that activities inside the vehicle may be observed by a member of the public.
4. 
"Lewd assault"
means the uninvited touching, or uninvited attempt to touch, coupled with an apparent present ability to complete the act, another person’s genitals, pubic area, or buttocks, or the female breast.
B. 
Lewd Conduct Prohibited.
No person shall intentionally perform any lewd act:
1. 
In a Public place, or
2. 
In any place under such circumstances as to make it difficult for an unwilling member of the public to avoid exposure.
C. 
Lewd Assault Prohibited.
No person shall intentionally commit a lewd assault.
D. 
Revocation of Business Licenses.
If the owner, manager or operator of any premises open to the public intentionally permits any lewd act to occur in public on the premises, such permission shall constitute cause for the revocation of any business license granted or issued by the city for such premises. Revocation shall be accomplished pursuant to applicable city ordinances governing revocation proceedings.
(Ord. 1363 § 1 (part), 1985; Ord. 1908 § 1, 2000)
A. 
Definitions.
For purposes of this section, the following definitions shall apply:
1. 
"Expressive dance"
shall have the same meaning as in TMC Section 8.50.020A.1.
2. 
"Indecent exposure"
means showing, or making open to view, one’s genitals, pubic area, or buttocks, or the mature female breast; provided, however, that the foregoing definition shall not apply to any:
a. 
“Expressive dance” as defined in TMC Section 8.50.020A1;(2) Play, opera, musical or other similar work;
b. 
Class, seminar or lecture conducted for a scientific or educational purpose;
c. 
Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities.
3. 
"Public place"
means:
a. 
Any place open to the public, or open to public view;
b. 
Any place easily visible from a public thoroughfare or from the property of another; and
c. 
Any vehicle which is itself located in a public place, as defined in this section, such that activities inside the vehicle may be observed by a member of the public.
B. 
Indecent Exposure Prohibited.
No person shall intentionally make any indecent exposure of his/her person in a public place.
C. 
Revocation of Business License.
If the owner, manager or operator of any premises open to the public intentionally permits any indecent exposure to occur in public on the premises, such permission shall constitute cause for the revocation of any business license granted or issued by the City for such premises. Revocation shall be accomplished pursuant to applicable City ordinances governing revocation proceedings.
(Ord. 1363 § 1 (part), 1985)
A. 
As used in this section:
1. 
"Commit prostitution"
means to engage in sexual conduct for money, but does not include sexual conduct engaged in as part of any stage performance, play or other entertainment open to the public.
2. 
"Known prostitute or procurer"
means a person who within one year previous to the date of arrest for violation of this section has, within the knowledge of the arresting officer, been convicted in any court of an offense involving prostitution.
3. 
"Public place"
is an area generally visible to public view and includes without limitation streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the ground enclosing them.
4. 
"Sexual conduct"
means:
a. 
Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or
b. 
Any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; or
c. 
Any act or sexual contact between persons involving the sex organs of one person and the mouth or anus of another, whether such persons are of the same or opposite sex; or
d. 
Masturbation, manual or instrumental, of one person by another.
B. 
A person is guilty of prostitution loitering if he or she is in or remains in a public place and intentionally solicits, induces, entices or procures another to commit an illegal sex act, including but not limited to those enumerated in or adopted by TMC Chapter 8.50.
C. 
The following nonexclusive circumstances may be considered in determining whether the actor intends to commit the crime of prostitution loitering. The actor:
1. 
Repeatedly beckons to, stops or attempts to stop, or engages passers-by in conversation; or
2. 
Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or
3. 
Circles or repeatedly returns to an area in a motor vehicle and repeatedly beckons to, contacts or attempts to stop pedestrians; or
4. 
Is a known prostitute or procurer; or
5. 
Inquires whether a potential patron or other person is a police officer, searches for articles that would identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer.
(Ord. 1533 § 1, 1989; Ord. 1752 § 1, 1995)
A. 
No person shall touch, caress or fondle the genitals, pubic area or adult female breast, or that person or another, whether under or through clothing, for the purpose of sexual arousal or exciting the sexual desires of either party, in a place open to the public; provided, however, this subsection shall not apply to any class, seminar, or lecture held for serious scientific, artistic or educational purposes.
B. 
No person shall expose to view, in any place open to the public, any portion of the adult female breast below the top of the areola, or any portion of the pubic hair, anus, anal cleavage, vulva and/or genitals, except as permitted in a licensed adult entertainment cabaret pursuant to TMC Chapter 5.56; provided, however, this subsection shall not apply to any class, seminar, or lecture held for serious scientific, artistic or educational purposes.
(Ord. 1753 § 1, 1995)