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As used in this chapter the following words shall be defined as follows:

A. “Commit prostitution” means to engage in sexual conduct for a fee, but does not include sexual conduct engaged in as part of any stage performance, play or other entertainment open to the public.

B. “Known prostitute or panderer” means a person who, within one year previous to the date of arrest for violation of MICC 9.18.030 (RCW 9A.88.030), has within the knowledge of the arresting officer been convicted of an offense involving prostitution.

C. “Lewd act” means public:

1. Exposure of one’s genitals or female breasts;

2. Touching, caressing or fondling of the genitals or female breasts; or

3. Urination or defecation in a place other than a washroom or toilet room; or

4. Masturbation; or

5. Sexual intercourse;

provided, however, that artistic or dramatic performances in a theater or museum shall not be deemed to be within the foregoing definition. Among circumstances which are to be considered in determining whether a performance is artistic or dramatic and thereby excluded from the definition of lewd act are whether the work, taken as a whole:

1. Appeals to the prurient interest; or

2. Depicts or describes, in a patently offensive way, sexual conduct constituting a lewd act; or

3. Lacks serious literary, artistic, political or scientific value;

provided further, that a “theater” does not include any premises wherein alcoholic beverages are served.

D. “Public” or “public display” means easily visible from a public place in a manner so obtrusive as to make it difficult for an unwilling person to avoid exposure.

E. “Sexual conduct” includes but is not limited to sexual intercourse, sodomy, fornication, cunnilingus, fellatio, masturbation, exposure or touching of one’s genitals or female breasts. (Ord. A-91 § 1, 1991).