HomeMy WebLinkAbout4107ORDINANCE NO. WCI
AN ORDINANCE of the City Council of the
City of Kent, Washington, recodifying the crime of
menacing and reenacting the code sections related
to the crime of lewd conduct.
RECITALS
A. On September 3, 2013, Council adopted ordinance No. 4087,
establishing the crime of menacing in the city of Kent. That ordinance wa:
codified in Section 9.02.295 of the Kent City Code.
B. On January 21, 2014, the Council adopted ordinance No.
4102 aimed at criminalizing lewd conduct. This ordinance contained th
new code sections. One of the code sections was a definition section th
was also codified in Section 9.02.295.
C. The two ordinances were codified in the same section of the
Kent City Code due to the fact that, at the time the lewd conduct ordinan
was prepared, the code book had not been updated to show the addition
the menacing ordinance in KCC 9.02.295.
D. This technical error requires the passage of an ordinance
recodify the crimes of menacing and reenact the code sections relating
the crime of lewd conduct.
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Ordinance
E. This ordinance clarifies that the crime of menacing
recodified at section 9.02.293 of the Kent City Code. The code sectio
relating to lewd conduct, which include a definition section, the crime o'
lewd conduct, and the crime of facilitating lewd conduct, will be reenactec
in KCC sections 9.02.295, 9.02.296, and 9.02.297 respectively.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. — Recodifv. Section 9.02.295 of the Kent City CodE
entitled "Menacing," as passed in Ordinance 4087, is hereby recodified ac
KCC 9.02.293 as follows:
Sec. 9.02.293. Menacing. A person is guilty of the crime
menacing when he or she intentionally follows or surveils another perso
and/or engages in a course of conduct that is intended to place a person i
reasonable fear of bodily injury as that phrase is defined in RC\
9A.04.110.
"Follows", as used in this section, means deliberately maintaining
visual observation and/or physical proximity of a specific person or person
over a continuous period of time.
fine.
Violation of this section is a misdemeanor, the maximum penalty of
which is ninety (90) days in jail and sone-
thousand dollar
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SECTION 2. — Reenact. Section 9.02.295 entitled "Definitions,
Section 9.02.296 entitled "Lewd conduct," and Section 9.02.297 entitled
"Facilitating lewd conduct" of the Kent City Code, all enacted I
4102, are reenacted as follows:
Sec. 9.02.295 Definons. The following words and phrases,
wherever used in Kent City Code sections 9.02.296, 9.02.297, 9.02.300
and 9.02.310, shall have the meanings ascribed to them in this section
except where otherwise defined and unless the context shall clearly
indicate to the contrary.
A. Expressive conduct means any dance, opera, musical, dramati
work, or other exhibition or performance, whether or not part of a
organizeA
or formal event that constitutes protected speech under the
federal or state constitution.
B. Known prostitute, a person known to patronize prostitutes, or a
person known to advance prostitution means a person who within one (1)
year previous to the date of arrest for violation of this section has, within
the knowledge of the arresting officer, been convicted of an offense of
prostitution, patronizing a prostitute, prostitution loitering, permitting
prostitution, or promoting prostitution whether or not such conviction
occurs under the Revised Code of Washington or comparable laws of
municipalities in the state of Washington.
C. Patronizing a prostitute shall have the same meaning as set forth in
RCW 9A.88.110 as now enacted or later amended or recodified.
D. Prostitution means to engage or agree or offer to engage in sexual
conduct for a fee, reward, exchange of any item or service, or promise, bu
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Ordinance
does not include sexual conduct engaged in as part of any stag
performance, play, or other lawful and properly licensed entertainme
oP1=1 to the public.
E. Public place means an area generally visible to public view including
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles (whether moving or not) and any place in which the general
public has a right to be present or view, whether or not conditioned upon
payment of a fee, and includes, but is not limited to, buildings open to the
general public, including those which serve food or drink or provide
entertainment or sell product, and the windows, doorways and entrances
to buildings or dwellings and the grounds enclosing them, and structures
from which customers can be served through a drive -up or walk-up
window, door, or other means, whether or not access is restricted
according to age.
F. Pub/ic place provided or set apart for nudity means an enclosed
public restroom, an enclosed functional shower or locker room facility, an
enclosed sauna, a motel room or hotel room designed and intended for
sleeping accommodations, the location of a bona fide private club whose
membership as a whole engages in social nudism or naturalism (a nudist
resort or camp), and any similar public places in which nudity is
necessarily and customarily expected outside of the home.
G. Sexual conduct shall mean "sexual intercourse" or "sexual contact"
as defined in RCW 9A.44.010 as currently enacted or later amended or
recodified.
H. Walking or otherwise conducting oneself in a sexual manner shall
mean the swaying of hips, drawing attention to one's buttocks, legs, or
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breasts, grabbing oneself in the genitals or breasts, blowing kisses, or
using one's body or any part thereof to simulate sexual conduct.
Sec. 9.02.296. Lewd conduct
A. A person is guilty of lewd conduct if, in a public place and under
circumstances where such conduct is likely to be observed by a member
the public, the person intentionally:
(1) Exposes any of his or her body parts without a full and
opaque covering:
(a) Any part of the male or female genitals, pubic hair,
pubic area, perineum, anus, or bottom one-half of the anal cleft;
(b) Any part of the areola or nipple of the female breast; or
(c) More than one-half of the part of the female bre
located below the top of the areola;
(2) Exposes the male genitals in a discernibly turgid state, even if
fully and opaquely covered;
(3) Touches, caresses, or fondles the genitals or female breast,
whether clothed or unclothed with the intention of sexual arousal or one's
self of others;
(4) Masturbates; or
(5) Engages in sexual intercourse or sexual contact as th
terms are defined in chapter 9A.44 RCW.
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B. Body paint, body dye, tattoos, latex, tape, or any similar substance
applied to the skin surface, any substance that can be washed off the skin,
or any substance designed to simulate or by which by its nature simulates
the appearance of the anatomical area beneath it, is not full and opaque
covering within the meaning of this section.
C. This section shall not be construed to prohibit:
(1) The act of breastfeeding or expressing breast milk;
(2) Classes, seminars, and lectures held for serious scientific of
educational purposes;
(3) Expressive conduct that is not obscene, subject to the time,
place, and manner restrictions contained in chapter 5.10 KCC or other law;
(4) Conduct of licensed adult entertainers within adu
entertainment dance studios operating pursuant to chapter 5.10 KCC;
(5) Conduct of licensed employees working in adult busin
operating pursuant to chapter 5.10 KCC, provided the conduct is n
exposed to a person under 18 years of age, or
(6) Conduct of a child under 10 years of age.
D. Lewd conduct is a misdemeanor.
Sec. 9.02.297. Facilitating Lewd conduct. The owner, lessee,
manager, operator, or other person in charge of a public place is guilty o
facilitating lewd conduct if the person knowingly permits, encourages, o
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causes to be committed lewd conduct as defined in KU. 9.02.296.
Facilitating lewd conduct is a misdemeanor.
SECTION 3. - Corrections by City Clerk or Code Reviser. Upon
approval of the City Attorney, the City Clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state or federal laws, codes, rules, or
regulations.
SECTION 4, -Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, tha
decision shall not affect the validity of the remaining portion of thi
ordinance and that remaining portion shall maintain its full force ani
effect.
SECTION 5. -Effective Date. This ordinance shall take effect and
be in force thirty (30) days from and after its passage and publication, a!
provided by law.
ATTEST:
NALD F.,P/I'OORE�CITY CLE
APPROVED AS TO FORM
G CITY ATTORNEY
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PASSED: qday of �"�� , 2014.
APPROVED: day of �� , 2014.
PUBLISHED:,4 day of
2014
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approve
by the Mayor of the City of Kent as hereon indicated.
P:\Civil\Ordinance\9.02 Amend Reenact.Docx
RONALD FZ*l'(lOO/Rt, CITY CLERK
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