Laserfiche WebLink
investigation of alleged misconduct by a person in the custody of the department of corrections <br /> or the local jail or correctional facility. <br /> E. If a person is convicted of a violation of this section,the court may order the destruction of <br /> any photograph,motion picture film, digital image,videotape, or any other recording of an <br /> image that was made by the person in violation of this section <br /> Section 2. Ordinance No. 1145-85 is amended by the addition of the following section which <br /> will be codified as EMC 10.16.046: <br /> Voyeurism in the second degree—Defmitions. <br /> As used in this Ordinance: <br /> A. "Intimate areas" means any portion of a person's body or undergarments that is covered by <br /> clothing and intended to be protected from public view; <br /> B. "Photographs" or"films"means the making of a photograph,motion picture film,videotape, <br /> digital image,or any other recording or transmission of the image of a person; <br /> C. "Place where he or she would have a reasonable expectation of privacy" means: <br /> 1. A place where a reasonable person would believe that he or she could disrobe in privacy, <br /> without being concerned that his or her undressing was being photographed or filmed by another; <br /> or <br /> 2.A place where one may reasonably expect to be safe from casual or hostile intrusion or <br /> surveillance; <br /> D. "Surveillance" means secret observation of the activities of another person for the purpose of <br /> spying upon and invading the privacy of the person; <br /> E. "Views" means the intentional looking upon of another person for more than a brief period of <br /> time,in other than a casual or cursory manner,with the unaided eye or with a device designed or <br /> intended to improve visual acuity. <br /> Section 3. Severability <br /> Should any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or its <br /> application to any person or situation, be declared unconstitutional or invalid for any reason, <br /> such decision shall not affect the validity of the remaining portions of this Ordinance or its <br /> application to any other person or situation. The City Council of the City of Everett hereby <br /> declares that it would have adopted this Ordinance and each section, subsection, sentence, <br /> clause, phrase or portion thereof irrespective of the fact that any one or more sections, <br /> subsections, clauses,phrases or portions be declared invalid or unconstitutional. <br /> 3 <br />