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ORDINANCE No. <br /> AN ORDINANCE Relating to Lewd Conduct,Amending Ordinance No. 1145-85 as <br /> Amended (Chapter 10.24 EMC). <br /> Whereas,the City of Everett has the power to provide for the punishment of all practices <br /> dangerous to public health or safety and to provide for the punishment of all persons charged <br /> with violating any city ordinances; and <br /> Whereas,the Everett City Council has received evidence regarding recent public acts of <br /> lewd conduct in Everett and neighboring communities and the negative effects of those public <br /> acts; and <br /> Whereas,the Everett City Council intends to prevent the negative effects of such <br /> conduct; and <br /> Whereas, after nearly eight years since the most recent update of Everett Municipal Code <br /> Chapter 10.24,there is a need to update those provisions of the Everett Municipal Code; and <br /> Whereas,the City of Everett currently prohibits certain types of lewd conduct under <br /> Everett Municipal Code Chapter 10.24, including the crime of Lewd Conduct, a misdemeanor <br /> punishable by a maximum penalty of 90 days in jail and a$1,000.00 fine,when committed in the <br /> City's jurisdiction; and <br /> Whereas,the City of Everett seeks to protect its citizens from those who profit from <br /> facilitating others to engage in the crime of Lewd Conduct, and so deems it necessary and <br /> appropriate in the interests of public health and safety to create the new crime Facilitating Lewd <br /> Conduct, a gross misdemeanor punishable by a maximum penalty of 364 days in jail and a <br /> $5,000.00 fine and to update the Lewd Conduct definitions based on a review of other <br /> jurisdictions' definitions; <br /> NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1. Section 94 of Ordinance No. 1145-84, as amended by section 1 of Ordinance No. <br /> 3145-09 (Chapter 10.24.010 EMC),which reads as follows: <br /> Definitions. <br /> As used in this chapter,the following definitions shall apply: <br /> A. A" lewd act" is: <br /> 1. An exposure or display of one's genitals, anus, or any portion of the areola or nipple of the <br /> female breast; or <br /> 2. The touching, caressing or fondling of the genitals or female breasts; or <br /> 2 <br />