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Ordinance No. 72-62 CITY OF TIGARD, OREGON ORDINANCE ` AN ORDINANCE PROHIBI`L'IIIG SEXUAL TOUCHING FOR A FEE, PRESCRIBING PENALTIES, FIXING EFFECTIVE DATE AND DECLARING AN EMERGENCY THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: The City Council of the City of Tigard, Oregon, finds that sexual touching for a fee as hereinafter defined, encourages personal depravity, iiciu„ales a';ainst public morality and constitutes a public nuisance and such behavior Is inimical to the peace, health, safety and welfare of the people of the City of Tireard, In adopting this ordinance, it is the intent and purpose to carry out the legislative policy of the City of Tigard to prohibit such behavior. The provisions of this ordinance shall be liberally construed to accomplish that purpose. Section 2: Definition. For the purpose of this ordinance, words in the present tense include the future., the sin_rular number includes the plural and the plural number includes the sincular, the word "shall” is mandatory and not directory, the masculine Sender includes the feminine and neuter and the term "this ordinance" shall be deemed to include the text of this ordinance and all amendments hereafter made thereto. As used in this ordinance, unless the context requires otheiriise, the following words and their derivations shall be utilized: 1. "PRIVATE PARTS" means the genital org ns or the external genital procreative organs of a male or female human being. 2. `SEXUAL TOUCHING'? means any touching of the private parts of one person by another person or causing one person to touch the sexual or other intimate parts of another for the purpose of arousing or gratifying the sexual desire of either party. 3. "FEE" means any recompense, reward, compensation or item of monetary value €,iven, promised or paid to another person in consideration of an act or acts of sexual touching performed or to be performed. Section 3:(a)No person shall off6r to pay, pay, or receive a fee as herein defined, directly or indirectly in considera- tion of an act or acts of sexual touching performed or to be per formed with respect to another person. (b) No person who manages or controls any place of business or commercial activity shall cause or permit any agent, employee, or other parson under his control or supervision to participate in con- duct prohibited by subsection (a) of this section. 1 - Ordinance No. L �- r � t. (c) No person shall solicit, employ or engage another, or confederate with another to violate subsection (a) of this section. Section 4; Penalties. A. Violation of any subsection of Section 3 of this ordinance shell be punishable, upon conviction, by a fine not to exceed $500.00, or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. B. Each violation of any subsection of Section 3 of this ordinance shall constitute a separate offense and each day that any person violates any subsection of Section 3 of this ordinance shall constitute a separate offense. Section 5: Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that immediate action be taken to prohibit the acts and oonuuct by this ordinance prohibited with the least possible delay, an emergency is hereby declared to exist and this ordinance shall become effective upon its passage by the Council and approval by the Mayor. PASSED: By the Council, by unanimous vote of all Council members Present, after being read three times by number and title only, this day of October, 1972• Fecoraer - City of gard APPROVED; By the Mayor, this day�of October, 1972 May r - City of Tigard �a Page 2 - Ordinance No. 72-._L.2_ a'"�fir' rte' _