2009/09/30 Council Agenda Packet

c. Violent or destructive sexual acts including but not limited to human or animalFormatted: Indent Leftr mutilation, dismemberment rape or torture, and Formatted Indent Left. 0.5- 3. S3. Which, when considered as a whole- and in the context in which it is used lacks serious literary, artistic, political or scientific value For pumoses of this Ordinance an activity is dramatic if the activity is of relating, to devoted to or concerned specifically or professionally with current drama or the contemporary theater.7-2, -- Section 2: Section 95 of Ordinance 1145-85, as amended by Section i of Ordinance 2542-01 (EMC 1 10.24.020), which reads as follows: Lewd conduct. A. A person commits the offense of lewd conduct if he or she performs any lewd act when he or she knows such act is likely to be observed by a person and such act is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not lewd conduct. B. Lewd conduct is a misdemeanor. Is hereby amended to read as follows: Lewd conduct. A. A person eaFarnits the offeaseiLDii-1-tyof lewd conduct if he or she intentionally performs any lewd act A Bert- "r --she knows-sash-sobs-likely4"e-obsarve"y-a-peren-md-saoh-aet-"kely4e-eause in a public place or at a place or under circumstances wbere such act is likely to be observed by any member of the public. The act of breastfeeding or expressing breast milk is not lewd conduct. B. Lewd conduct is a misdemeanor. C. This Ordinance shall not be construed to prohibit: 1. Plays, operas, musicals or other dramatic works which are not obscene- 2. Classes, seminars and lectures held for serious scientific or educational purposes• 3. Exhibitions. performances or dances which are not obscene,• 4. Adult entertainment activities operating pursuant to Chapter 5.120 EMC.• or 5. Adult cabaret activities operating pursuant to Chapter 128 EMC Section 3: Ordinance 1145-85 is amended by the addition of the following section: Indecent es osure ----------------- ................ ------•---....... m -------------- ... RCW 9A.88.010 as now enact -ed -or -hereinafter amend is hereb adopted b if full reference as set forth herein, including, penalties: except that conduct constituting a felony as determined by the7. prosecutor, is excluded •,----------------------------------- Section _ Section 4: General duty. 3 14 Formatted: Underline, front color: Red Formatted: Underline, Font color: Red x Formatted: Underline, Font color: Red -; Formatted: Underline, Font color: Red