2009/09/16 Council Agenda Packet

• • f c. ORDINANCE NO. An Ordinance relating to Lewd Conduct Amending Ordinance 1145-85(EMC 10.24) • as provided in Section 9 of this Ordinance. Whereas, lewd conduct in a public place is generally known to increase incidents of sexual assaults,to have an adverse impact on minors,to attract other criminal activity to the community,and to encourage the degradation of people;and Whereas, the Everett City Council is generally aware of incidents in Everett and in other communities of public lewd conduct;and Whereas,the Everett City Council received evidence of the negative impacts of lewd conduct in connection with the adoption of the ordinances contained in Chapter 5.120 of the Everett Municipal Code;and Whereas, the Everett City Council has received evidence regarding recent public acts of lewd conduct in Everett and the negative effects of those public acts;and Whereas, the Everett City Council intends to prevent the negative effects of such conduct,and regulate the time,place or manner of any expression to prevent those negative effects;and Whereas, the City of Everett currently prohibits certain types of lewd conduct under Everett - Municipal Code Chapter 10.24;and Whereas, after nearly twenty-five years since initial adoption of Everett Municipal Code Chapter 10.24,there is a need to update those provisions of the Everett Municipal Code,and to adopt by reference RCW 9A.88.010 concerning indecent exposure; and Whereas,the Everett City Council finds that the provisions of this Ordinance are necessary for the public health,safety and welfare; NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: Section 1: Section 94 of Ordinance 1145-85(EMC 10.24.010),which reads as follows: Definitions. As used in this chapter,the following definitions shall apply: 126