Ordinance 1742-90 - Laserfiche WebLink

1 ORDINANCE NO. 1742-90 2 3 AN ORDINANCE relating to Lewd Conduct, adding a new section to Ordinance No. 1145-85 (Everett Criminal code) . 4 5 WHEREAS, the Washington State Court of Appeals, in the case of Seattle 6 v. Johnson, 58 Wn. App. 64 (1990) , found the Seattle Lewd Conduct Ordinance 7 to be unconstitutional ; and 8 WHEREAS, the Everett Lewd Conduct Ordinance shares the same 9 constitutional deficiency as the Seattle Lewd Conduct Ordinance; and 10 WHEREAS, the constitutional deficiency in the Lewd Conduct Ordinance 11 can be corrected with an exemption for nonobscene, expressive nude activity; 12 NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: 13 Section 1 : A new section is hereby added to Ordinance No. 1145-85, to 14 be codified as EMC 10.24.025, to read as follows: 15 16 Lewd Conduct - Exemptions. 17 The proscriptions of EMC 10.24.020 shall not apply to nonobscene, expressive nude activity. 18 19 Section 2: Severability. 20 Should any section, subsection, paragraph, sentence, clause or phrase 21 if this ordinance or its application to any person or situation be declared 22 nconstitutional or invalid for any reason, such decision shall not affect 23 he validity of the remaining portions of this ordinance or its application 24 o any other person or situation. The City Council of the City of Everett 25 ereby declares that it would have adopted this ordinance and each section, 26 .ubsection, sentence, clause, phrase or portion thereof irrespective of the 27 act that any one or more sections, subsections, sentences, clauses, phrases 28 "r portions be declared invalid or unconstitutional . 29 Section 3: Third Party Liability. 30 It is expressly the purpose of this Ordinance to provide for and 31 ' romote the health, safety and welfare of the general public and not to 32