Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9.68 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
Obscene literature, shows, etc.—Exemptions
Indecent articles, etc.
“Erotic material”—Definitions
“Erotic material”—Determination by court—Labeling—Penalties
Prosecution for violation of RCW 9.68.060—Defense
Unlawful acts
Civil liability of wholesaler or wholesaler-distributor
Exception to RCW 9.68.050 through 9.68.120
Motion picture operator or projectionist exempt, when
Provisions of RCW 9.68.050 through 9.68.120 exclusive
“Sexually explicit material”—Defined—Unlawful display
Construction—Chapter applicable to state registered domestic partnerships—2009 c 521
(Ord. 97-33 § 1 (part), 1997; Ord. 2007-38 § 2, 2007; Ord. 2014-06 § 16, 2014)
A. 
It is unlawful for any person to intentionally fight with another person in a public place or to incite or encourage others to fight in a public place.
B. 
“Fight” means:
1. 
A verbal altercation which tends to incite an immediate breach of the peace; and/or
2. 
A breach of the peace whether or not it is preceded by a verbal altercation.
C. 
“Verbal altercation” means an angry argument, quarrel, or disagreement that is reasonably likely to provoke a belligerent response.
D. 
“Breach of the peace” means a physical altercation, battle, fray, combat, clash, skirmish, punch, tussle, scuffle, shoving match, exchange of blows, physical struggle for supremacy, brawl, fracas, don-nybrook, ruckus, and/or melee.
E. 
“Public place,” as used in this section, shall have the same meaning as defined in RCW 66.04.010(33).
F. 
In any prosecution under subsection A of this section, it is an affirmative defense that the fight was duly licensed or authorized by law. The burden of proving the affirmative defense that the fight was duly licensed or authorized by law is upon the person claiming the affirmative defense by establishing the affirmative defense by a preponderance of the evidence.
G. 
Fighting in public is a gross misdemeanor.
(Ord. 2008-08 § 1, 2008)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 7.90 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
Definitions
Petition for a sexual assault protection order
Petition—Who may file
Petition—Additional requirements
Petition—Hearings prior to issuance of protection order
Service by publication—When authorized
Service by mail—When authorized
Issuance of order following service by publication or mail
Fees not permitted
Sexual assault advocates
Appointment of counsel
Evidence
Burden of proof—Issuance of protection order—Remedies—Violations
Accountability for conduct of others
Ex parte temporary sexual assault protection orders—Issuance
Ex parte orders—Duration
Renewal of ex parte order
Sexual assault protection orders—Contents
Sexual assault protection orders—Service to respondent
Court initiated issuance of sexual assault protection orders—Terms, conditions, requirements, etc.
Sexual assault protection orders—Personal jurisdiction—Nonresident individuals
Law enforcement agencies—Entry of protection order data
Modification or termination of protection orders
Admissibility of ex parte temporary orders in civil actions
(Ord. 2014-05 § 1, 2014)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9A.44 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
Definitions
Testimony—Evidence—Written motion—Admissibility
Defenses to prosecution under this chapter
Sexual misconduct with a minor in the second degree
Indecent liberties
Registration of sex offenders and kidnapping offenders—Procedures—Definitions—Penalties
Address verification
Registration of sex offenders and kidnapping offenders—End of duty to register—Expiration of subsection
Notification of offenders of changed requirements
Custodial sexual misconduct in the second degree
(Ord. 97-33 § 1 (part), 1997; Ord. 2007-38 § 4, 2007)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9.68A RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
Legislative finding
Definitions
Reporting of depictions of minor engaged in sexually explicit conduct—Civil immunity
Communication with minor for immoral purposes—Penalties
Permitting commercial sexual abuse of a minor—Penalty
Additional fee assessment
Certain defenses barred, permitted
Seizure and forfeiture of property
Allowing minor on premises of live erotic performance—Definitions—Penalty
Severability—1984 c 262
Severability—1989 c 32
(Ord. 97-33 § 1 (part), 1997; Ord. 2007-38 § 5, 2007)
Pursuant to the authority contained in RCW 35A.12.140, the following sections of Chapter 9A.88 RCW as enacted or hereinafter amended are hereby adopted by reference as if fully set forth herein including penalties:
Indecent exposure
Prostitution
Prosecution for prostitution under RCW 9A.88.030—Affirmative defense
Prostitution—Sex of parties immaterial
Definitions—Promoting prostitution
Permitting prostitution
Patronizing a prostitute
Additional fee assessments—Prostitution
Additional requirements—Prostitution
Vehicle impoundment—Prostitution
Seizure and forfeiture
(Ord. 97-33 § 1 (part), 1997; Ord. 2007-38 § 6, 2007; Ord. 2014-06 § 19, 2014)
A. 
Every person who intentionally performs any lewd act in a public place knowing that such conduct is likely to cause reasonable affront and alarm is guilty of a misdemeanor.
B. 
“Lewd act” means public:
1. 
Exposure of any portion of the human anus or genitals, including display of the male genitals in a discernible turgid state, even if completely and opaquely covered; or
2. 
Exposure of any portion of the female breast lower than the upper edge of the areola; provided, however, that nothing in this section shall prohibit breastfeeding of an infant or a child under the age of thirty-six months; or
3. 
Touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or naked; or
4. 
Sexual conduct as defined by subsection D of this section; or
5. 
Simulated acts of human sex, including intercourse, oral copulation, sodomy or masturbation of oneself or of one person by another; or
6. 
Urinating or defecating in a place other than a restroom or toilet facility.
C. 
“Public” or “public display” means easily visible from a public thoroughfare or from property of others in any portion of any public facility or park, or in any other public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure.
D. 
“Sexual conduct” means sexual intercourse or sexual contact.
E. 
“Sexual intercourse” means:
1. 
Its ordinary meaning, occurring upon any penetration, however slight; or
2. 
Any penetration of the vagina or anus, however slight, by an object, when committed by one person on 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
3. 
Any contact between persons involving the sex organs of one person in the mouth or anus of another, whether such persons are of the same or opposite sex.
F. 
“Sexual contact” means:
1. 
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;
2. 
Masturbation, manual or instrumental, of one-self in the presence of another, or one person by another.
(Ord. 97-33 § 1 (part), 1997. Formerly 9.70.060; Ord. 2007-38 § 7, 2007)
A. 
Definitions.
1. 
“Building”
shall have the same meaning as in RCW 9A.04.110(5) as now or hereafter amended. Each room shall constitute a separate building. Restrooms, locker rooms and bedrooms are specifically included in this definition.
2. 
“Fully clothed”
means having a person’s genitals, underclothing or a woman’s breasts covered. A person using a toilet or a urinal or wrapped in a towel is not fully clothed.
3. 
“Curtilage”
shall be within ten feet from the exterior of a wall of any building, regardless of whether the premises are enclosed.
B. 
It is unlawful for any person to enter or remain in or upon the curtilage of a building or premises of another for the purposes of observing, photographing, videotaping or filming another person, under circumstances where the other person has a reasonable expectation of privacy and may not be fully clothed.
C. 
Violation of this section shall be a gross misdemeanor.
(Ord. 2007-38 § 8, 2007)
A. 
Unless otherwise provided, any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.
B. 
Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense.
(Ord. 2007-38 § 9, 2007)