Ordinance 13-018 unlawful public exposure CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 13-018
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING A NEW CHAPTER OF SPOKANE VALLEY MUNICIPAL CODE
(SVMC) 8.55 REGULATING UNLAWFUL PUBLIC EXPOSURE IN PUBLIC PLACES; AND
OTHER MATTERS RELATING THERETO.
WHEREAS, the City Council received considerable public testimony expressing concern about
nude or semi-nude individuals in a public setting. A record of these comments is contained in the
legislative record for this Ordinance, with a copy available for review in the Office of the City Clerk; and
WHEREAS, Article 11, section 1I of the Washington State Constitution allows local
governments to make and enforce within their jurisdictional limits, local laws and regulations not in
conflict with the general laws of the State; and
WHEREAS,the Washington State Supreme Court has recognized the right of local governmental
entities to regulate conduct in public places, including public nudity and semi-nudity; and
WHEREAS, public nudity and semi-nudity can have a negative impact on the community,
including exposure to minors; and
WHEREAS, following review of the City's existing Municipal Code, as well as statutes
contained in the Revised Code of Washington, City staff does not believe existing laws adequately
address public semi-nudity; and
WHEREAS, local regulations criminalizing conduct should clearly identify the conduct which is
prohibited; and
WHEREAS, the City Council does not intend through these actions to amend or otherwise impact
the City's adult entertainment regulations, codified as SVMC 5.10, which regulations are separate and
distinct from this proposed chapter 8.55 SVMC; and
WHEREAS, the City Council, in enacting this Ordinance, seeks to promote the City's interest in
protecting the public health, safety, and welfare of the residents of the City.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. The purpose and intent of this chapter is to establish a regulatory framework regarding
exposure of certain human body parts while in a public place, and providing penalties for violations
thereof, all in the interest of protecting the health, safety, and welfare of the residents of the City of
Spokane Valley.
Section 2. That SVMC Title 8 be amended by adding a new chapter, to be designated "8.55" - as
follows:
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8.55.010-Definitions.
Unless the context clearly requires otherwise, the definitions used in this chapter shall have the
following meanings:
"Expose or exposure"means to reveal or otherwise render open to view in a public place.
"Full and opaque covering"means material which is securely attached over or around the
shoulders, neck or back, and which is not transparent or translucent. Body paint, body
dye, tattoos, liquid latex whether wet or dried, or any similar substance applied to the skin
surface shall not be considered opaque covering. Any substance which can be washed
off the skin is not frill and opaque covering as required by this chapter.
"Prohibited body parts"for purposes of this chapter means exposure of:
-any part of the male or female genitals, or anus; or
- more than one-half of the female breast by area; or
-any part of the areola or nipple of the female breast.
"Public place" means an area visible to public view, including any place in which the
general public has a right to be present or view,whether or not conditioned upon payment
of a fee.
8.55.020-Unlawful public exposure prohibited -facilitation.
It shall be unlawful for any person:
A. To knowingly expose a prohibited body part in a public place without a full and
opaque covering.
B. Who owns, manages, or operates any retail sales or retail service business to
knowingly facilitate, permit, encourage, or cause to be committed whether by
commission or omission, another person to expose a prohibited body part in a public
place without a full and opaque covering.
8.55.030-Exceptions to unlawful public exposure.
The prohibitions set forth in SVMC 8.55.020 shall not apply to the following:
A. Breastfeeding or expressing milk, regardless of where it occurs;
B. Use of public places where privacy is customary including, but not limited to
bathrooms, saunas, and changing rooms associated with licensed businesses;
C. Classes, seminars or lectures conducted for scientific or education purposes, including
but not limited to art classes and medical classes;
D. Businesses where medical procedures occur;
E. Children under the age of 10 years;
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F.A play,television broadcast, or other dramatic work; and
G. Conduct that is subject to regulation pursuant to SVMC 5.10—Adult Entertainment.
8.55.040-Affirmative Defenses.
It is an affirmative defense to prosecution for a violation of SVMC 8.55.020 that the unlawful
public exposure, when considered in the context in which it was presented, provided actual
literary, artistic, political, or scientific value and was not provided for commercial or sexual
exploitation or with an emphasis on an appeal to a prurient interest.
8.55.050-Penalties and enforcement.
A violation of SVMC 8.55.020 is a misdemeanor and shall be punishable by a fine not to exceed
$1,000 or imprisonment not to exceed 90 days, or both.
Section 3. Severability. If any part of chapter 8.55 SVMC is declared unenforceable, it shall not affect
the remainder.
Section 4. Effective Date. This Ordinance shall become effective five days after publication of the
Ordinance, or a summary thereof, in the official newspaper of the City.
Adopted this 26th day of November, 2013.
City of S o rfe Valley
Thomas E. Towey, Mayor 00
ATTES :1
Utnn I A u / 4-,+V11
pristine Bainbridge, City Clerk r"------
Appr e I as to Form:
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Office f the City Attorney
Date of Publication: l4 -67-02O/3
Effective Date: 107-- //- 076),0
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