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1 ORDINANCE NO. 411.g.,?-83 <br /> 2 <br /> AN ORDINANCE defining and prohibiting the criminal offenses of <br /> 3 unlawful public exposure and facilitating unlawful public exposure; <br /> regulating the provision of entertainment involving nudity; and <br /> 4 providing penalties for the commission of said offenses; and <br /> establishing an effective date. <br /> 5 <br /> 6 <br /> WHEREAS, the City Council of the City of Everett, has determined that the <br /> 7 <br /> activities defined and prohibited hereinafter are detrimental to the public health, <br /> 8 <br /> safety, morals and general welfare and, therefore, such activities must be regulated as <br /> 9 <br /> provided herein; and <br /> 10 <br /> WHEREAS, the City Council finds that certain forms of public nudity, including <br /> 11 <br /> barroom type topless dancing, whether or not presented in conjuction with the sale of <br /> 12 <br /> alcoholic beverages, promotes prostitution and other illegal activity and degrades the <br /> 13 <br /> quality of the City's residential and business environment; and <br /> 14 <br /> WHEREAS, the City Council finds that the provision of entertainment of the <br /> 15 <br /> type described hereinafter when performed in close proximity to patrons of establish- <br /> 16 <br /> ments in which such entertainment is provided tends to and does promote unlawful <br /> 17 <br /> conduct and conduct which is detrimental to the public health, safety, morals and <br /> 18 <br /> general welfare of the community; and <br /> 19 <br /> WHEREAS, the City Council intends to regulate conduct as set forth hereinafter <br /> 20 <br /> for the purpose of discouraging such illegal activity, reducing the need to expend law <br /> 21 <br /> enforcement resources, and protecting the quality of the City's residential and business <br /> 22 <br /> environment without interfering with the free exchange and expression of ideas; <br /> 23 <br /> 24 NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> 25 Section 1: DEFINITIONS. As used in this ordinance, the following words <br /> 26 and terms shall have the meaning set forth in this section: <br /> 27 A. "Expressive dance" means any dance which, when considered in the <br /> 28 context of the entire performance, constitutes an expression of theme, story, or ideas, <br /> 29 but excluding any dance such as, but not limited to, common barroom type topless <br /> 30 dancing which, when considered in the context of the entire performance, is presented <br /> 31 primarily as a means of displaying nudity as a sales device or for other commercial <br /> 32 exploitation without substantial expression of theme, story or ideas. <br />