10.04.010 Definitions.
As used in this chapter, the following words and terms shall have the meaning set forth in this section:
(1) "Actor" means a person, regardless of gender, who engages in conduct prohibited by this chapter.
(2) "Expose" means to reveal, exhibit, or otherwise render open to public view.
(3) "Expressive conduct" means any dance, opera, musical, dramatic work, or other exhibition or performance, whether or not part of an organized or formal event, that constitutes protected speech under the federal or state constitution.
(4) "High risk prostitution area" means:
(a) The entire area extending two blocks east of and two blocks west of and inclusive of State Route 99 (Highway 99) from 220th Street S.W. to 244th Street S.W.; and,
(b) The entire area extending two blocks east of and two blocks west of and inclusive of State Route 99 (Highway 99) from State Road 525 (Mukilteo Speedway) to 112th Street S.W.
(5) "Obscene" matter means any matter:
(a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
(b) Which explicitly depicts or describes patently offensive representations or descriptions of:
(i) Ultimate sexual acts, normal or perverted, actual or simulated; or
(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions or lewd exhibition of the genitals or genital area; or
(iii) Violent or destructive sexual acts including but not limited to human or animal mutilation, dismemberment, rape or torture; and
(c) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political or scientific value.
(6) "Public place" means an area generally visible to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and any place in which the general public has a right to be present or view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them, and structures from which customers can be served through a drive-up or walk-up window, door, or other means, whether or not access is restricted according to age.
(7) "Public place provided or set apart for nudity" means an enclosed public restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel room or hotel room designed and intended for sleeping accommodations, the location of a bona fide private club whose membership as a whole engages in social nudism or naturalism (a nudist resort or camp), and any similar public places in which nudity is necessarily and customarily expected outside of the home.
(8) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of any person.
(9) "Sexual intercourse:"
(a) Has its ordinary meaning and occurs upon any penetration, however slight; and
(b) Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; and
(c) Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex.
(10) "Sexually explicit material" means any pictorial or three-dimensional material depicting sexual intercourse, masturbation, sodomy, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or emphasizing the depiction of adult human genitals; PROVIDED, HOWEVER, That works of art or of anthropological significance shall not be deemed to be within the foregoing definition. In determining whether material is prohibited for public display by this section such material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this subsection. (Amended by Ord. 83-010 § 2, Feb. 25, 1983, Eff date Jan. 7, 2010; Amended by Ord. 92-122, Dec. 2, 1992; Amended by Ord. 92-152, Jan. 13, 1993; Amended by Ord. 09-127, Dec. 9, 2009, Eff date Jan. 7, 2010).