As used in this chapter, an:
“Indecent act”
is:
1. 
An exposure or display of one’s genitals, pubic hair, anus, vulva, or female breasts; or
2. 
The touching, caressing, or fondling of the genitals, buttocks, or female breasts; or
3. 
Sexual intercourse which:
a. 
Has its ordinary meaning and occurs upon any penetration, however slight; and also means
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; and also means
c. 
Any act of 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
4. 
Masturbation.
“Lewd”
shall have and include all those meanings which are assigned to it under the common law.
“Obscene”
means any matter which:
1. 
The average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
2. 
Explicitly depicts or describes patently offensive representations or descriptions of:
a. 
Ultimate sexual acts, normal or perverted, actual or simulated; or
b. 
Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or
c. 
Violent or destructive sexual acts, including, but not limited to, human or animal mutilation, dismemberment, rape or torture; and
3. 
Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value.
“Public place”
means an area generally visible to public view, and includes 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 those buildings or dwellings and the grounds enclosing them.
“Sexual contact”
means any touching of the sexual or intimate parts of a person done for the purpose of gratifying sexual desire of either party.
(Ord. 22600 § 29, 1981-12-29; Ord. 24870 § 1, 1991-03-26)
A person is guilty of indecent conduct if he or she intentionally performs any indecent act in a public place or at a place or under circumstances where such act could be observed by any member of the public.
(Ord. 22600 § 29, 1981-12-29; Ord. 24870 § 1, 1991-03-26)
The owner, manager, or operator of premises open to the public, wherein alcoholic beverages are sold, served, or consumed, is guilty of permitting indecent conduct if he or she intentionally permits or causes any indecent act on said premises.
(Ord. 22600 § 29, 1981-12-29; Ord. 24870 § 1, 1991-03-26)
The provisions of this chapter shall not apply to the following:
A. 
Plays, operas, musicals, or other dramatic works which are not obscene;
B. 
Comedic, vocal, instrumental, or political performances which are not obscene;
C. 
Classes, seminars and lectures held for serious scientific or educational purposes;
D. 
Exhibitions or dances which are not obscene; or
E. 
Adult entertainment establishments operating pursuant to Chapter 6.36 TMC.
(Ord. 22600 § 29, 1981-12-29; Ord. 24870 § 1, 1991-03-26; Ord. 26159 § 2, 1997-12-09)
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $500.00, or by imprisonment in the Pierce County Jail for a period not exceeding six months, or by both such fine and imprisonment.
(Ord. 22600 § 29, 1981-12-29; Ord. 24870 § 1, 1991-03-26)