9.30.010 Definitions.
As used in this chapter, the following words and terms have the meaning set forth in this section:
A. “Expressive dance” means any dance which, when considered in the context of the entire performance, constitutes an expression of theme, story, or ideas, but excluding any dance such as, but not limited to, common barroom type topless dancing which, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value.
B. “Exposed” means the state of being revealed, exhibited or otherwise rendered to public view.
C. “Person” means and includes natural persons of either sex, firms, corporations and all associations of natural persons, whether acting by themselves or by an agent, servant or employee.
D. “Public exposure” means the act of revealing, exhibiting or otherwise rendering open to public view.
E. “Public place” means any place in which the general public has a right to be present, and any area open to public view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, whether or not access is restricted according to age, including those in which food and drink is served, or entertainment provided.
F. “Sexual contact” means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party.
G. “Sexual intercourse”:
1. Has its ordinary meaning and occurs upon any penetration, however slight; and
2. 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
3. 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.
H. “Sexual motivation” means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.
I. “Unlawful public exposure” means:
1. A public exposure of any portion of the human anus or genitals;
2. A public exposure of any portion of the female breast lower than the upper edge of the areola;
3. A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed; or
4. A public exposure consisting of masturbation, or of urination or defecation in a place other than a restroom. (Ord. 1176 § 1, 2009; Ord. 529 § 2, 1988).