10.04.740 Public indecency.
A. Public Indecency Prohibited. Notwithstanding anything in the Lynnwood Municipal Code to the contrary, a person who knowingly or intentionally, in a public place:
1. Engages in actual or simulated sexual intercourse, deviate sexual conduct, masturbation, sodomy, bestiality, oral copulation, flagellation or other ultimate sex acts; or
2. Engages in excretory functions in other than a restroom or other facility intended for such purpose; or
3. Appears in a state of nudity in a public place other than a public place provided or set apart for nudity; or
4. Fondles the genitals of himself, herself or another person;
commits the crime of public indecency. Public indecency is a misdemeanor.
B. Exemptions. This section shall not be construed to prohibit:
1. Plays, operas, musicals or other dramatic works that are not obscene;
2. Classes, seminars and lectures held for serious scientific or educational purposes that are not obscene;
3. Exhibitions or dances which are not obscene; or
4. Adult entertainment activities operating pursuant to Chapter 5.50 LMC.
C. Definitions. For purposes of this section, the following words or phrases shall have the meanings set forth herein, as follows:
1. “Nudity” means the showing or display of:
a. Human male or female genitals or pubic area with less than a fully opaque covering; or
b. Any portion of the anal cleft or cleavage of the male or female buttocks. Attire that is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, thongs and any other clothing or covering that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks; or
c. The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed. The act of breastfeeding or expressing breast milk shall not be considered “nudity” or “public indecency”; or
d. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
2. “Public place” means any location, place or business frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. The term includes, but is not limited to, streets, sidewalks, alleys, parking lots, parks, automobiles, whether moving or not, and business and commercial establishments (whether for profit or not for profit, whether open to the public at large, or whether entrance is limited by a cover charge or membership requirement), including businesses contained in structures which can serve customers who remain in their vehicles by means of a drive-up window or door.
3. “Public place provided or set apart for nudity” means a public place such as public restrooms, enclosed functional shower, locker or dressing room facilities, enclosed motel and hotel rooms designed and intended for sleeping accommodations, doctor’s offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein.
4. “Obscene” means an activity which:
a. Taken as a whole by an average person, applying contemporary community standards, appeals to a prurient interest in sex;
b. Depicts patently offensive representations, as measured against community standards, 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. Taken as a whole, lacks serious literary, artistic, political or scientific value.
D. Indecent Exposure. RCW 9A.88.010, as now enacted or as may be amended hereafter, is hereby adopted by reference as if fully set forth herein, including applicable penalties; except that the conduct constituting a felony, as determined by the prosecutor, is excluded. (Ord. 2802 § 1, 2009; Ord. 50 § 5.10, 1959)