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ORDINANCE NO. 3126
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter
9.02 entitled "Penal Code" by adding a new
section, Section 9.02.32, and amending other
sections relating to prostitution loitering;
by adding a new section relating to violations
of civil anti -harassment orders; by amending
Section 9.02.36 to make corrections to
language relating to public nuisance
disturbances; and further making other related
amendments.
p��p off' WHEREAS, the City Council has heard testimony concerning
the scope and magnitude of the prostitution problem in the City of
Kent, and that the frequency of prostitution and its attendant
criminal activities are increasing in magnitude and severity; and
WHEREAS, prostitution loitering ordinances have proven
helpful to other jurisdictions in confronting the prostitution
problem in those cities; and
WHEREAS, enactment of a prostitution loitering ordinance
would assist the City of Kent in curtailing prostitution and
'related criminal activities; and
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WHEREAS, the Washington State Supreme Court in Seattle v.
(Slack, 113 Wn.2d 850 (1989), has upheld the constitutionality of a
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jsimilar ordinance; and
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WHEREAS, in enacting a prostitution loitering ordinance,
�iit is also appropriate to make other related amendments to
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,''provisions of the penal code; and
WHEREAS, the state legislature pursuant to RCW 10.14 has
authorized the issuance of orders for protection from civil
jharassment and the City has no ordinance making it unlawful to
violate such and, therefore, it is appropriate to add a new section
to the penal code making violations of such a gross misdemeanor;
and
WHEREAS, it is also appropriate to amend provisions of
the penal code to make corrections to language relating to public
nuisance disturbances as they relate to parks and recreational
facilities; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9.02.32 of the Kent City Code is
amended to read as follows:
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Sec. 9.02.443Q. Provoking assault.
Every person who shall, by word, sign or gesture,
willfully provoke or attempt to provoke another person to commit an
assault or breach of the peace shall be guilty of a misdemeanor.
SECTION 2. Kent City Code Chapter 9.02 is further
amended by adding Section 9.02.32 entitled "Prostitution loitering"
!to read as follows:
Con 9,02,32, Prostitution loitering.
A A person is cruilty of prostitution loitering if he
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or she is in or remains in a public place and intentionally
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gsolicits, induces entices or procures another to commit
prostitution.
B. The following nonexclusive circumstances may be
�considered
in determining whether the actor intends to commit the
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crime of prostitution loitering The actor:
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2. Repeatedly beckons to stops or attempts to
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stop or engacres passers-by in conversation: or
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{ 2. Repeatedly stops or attempts to stop motor
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vehicle operators by hailing waving of arms or any other bodily
gesture: or
Circles or repeatedly returns to an area and
repeatedly beckons to, contacts or attempts to stop pedestrians; or
Is a known prostitute or procurer; or
5. Inauires whether a potential patron or other
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-person
offer
is a
police
in
sexual
officer,
searches
for a fee.
for
articles
or
that
would
'Dr
identify
a police
officer,
or exposes
crenitals
or
female
breasts,
any
staae
performance,
-play
or other
entertainment
or reauests
to the
the
touching
or
ex-posincT
f crenitals
or
female
breasts
to prove
that
the
person
is not
a -police
officer,
or
offer
to engage
or drink, or
in
sexual
conduct
for a fee.
reward.
exchanue
or
'Dr
-Lnas
any
staae
performance,
-play
or other
entertainment
open
to the
public.
who within one year previous to the date of arrest for violation of
this section has within the knowledge of the arresting officer
been arrested for an offense involving prostitution
3 "Public place" is an area generally visible to
public view and includes without limitation streets sidewalks
bridges alleys plazas marks driveways parking lots
automobiles (whether moving or not) and buildings open to the
general public including
those
which swerve food
or drink, or
provide entertainment and
the doorways
and entrances
to buildings
or dwellings and the around enclosing them.
4. "Sexual conduct" shall have the same meaning as
- MA MIKE F I M Rrzmaq•. -
D. Prostitution loitering is a misdemeanor.
Section 3. Section 9.02.310 of the Kent City Code is
amended to read as follows:
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;Sec. 9.02.310. Same --Penalty.
A. A violation of sections 9.02.302, 9.02.304 and
9.02.306 shall be a misdemeanor.
B. Violations of sections 9.02.302, 9.02.304, aftd
19.02.306, and 9 02 308 may also constitute contempt of court, and
are subject to the penalties prescribed by law.
Section 4. Section 9.02.312 of the Kent City Code is
lamended to read as follows:
�?Sec. 9.02.312. Stay Out of Areas of Prostitution Orders.
1. Stay Out of Areas of Prostitution orders,
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hereinafter known as "SOAP" orders, may be issued by the Kent
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;1 Municipal Court to anyone charged with prostitution, permitting
i1prostitution, prostitution loitering or patronizing a prostitute
under chapter 9.02 of the Kent City Code as a condition of pre-
1Itrial release.
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2. SOAP orders may be issued by the Kent Municipal
Court to anyone convicted of prostitution, permitting prostitution,
I'prostitution loitering or patronizing a prostitute under chapter
9.02 of the Kent City Code as a condition of probation.
3. Whenever a police officer shall have probable cause
"F to believe that a person has received a SOAP order as a condition
s
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!of pre-trial release or of probation and in the officer's presence
its seen violating or failing to comply with any requirement or
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restriction imposed by the court as a condition of such pre-trial
!s release or probation, such officer may arrest the violator without
warrant or other process for violation of the SOAP order and bring
i said person before the court issuing the order.
4. The SOAP order shall warn the person named in the
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;order to stay out of the following "high risk prostitution areas." j
a. Pacific Highway South from 269th the 25300
block to ire—F�tg�nd ganie Bujl-d� n '� t tof State Route
;;516, including all adjacent businesses.
5. A person is deemed to have notice of the SOAP order
when:
a. The signature of the person named in the order
jl or their attorney is affixed to the bottom of the order, signifying
it
that they have read the order and have knowledge of the contents of
the order; or
b. The order recites that the person named in the
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!'order or the person's attorney appeared in person before the court.
6. The written SOAP order shall contain the court's
directives and shall bear the legend: "Violation of this order is
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j a criminal offense under Chapter 9.02. KCC and will subject the
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violator to arrest."
7. Whenever a SOAP order is issued under this section,
k and the person named in the order knows of the order, a violation
of the provisions of the order is a misdemeanor and shall be
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punished by a fine of not more than one thousand dollars
($1,000.00) or imprisonment for not more than ninety (90) days, or
both such fine and imprisonment.
SECTION 5. Kent City Code Chapter 9.02 is further
amended by adding a new section, Section 9.02.308, to read as
follows:
Sec. 9,02,308, Same—Violation of civil anti -harassment 2rotectio
• •
Whenever an orde - protect. . on from civil harassment is
issued pursuant to RCW 0.14, and the respondent or person t be
restrain d knows of the order, any willful disobedience of the
order by such person shall be a ciross misdemeanor.
SECTION 6. Kent City Code Section 9.02.36 is amended to
make corrections to language as follows:
Sec. 9.02.36. Public disturbance.
A. A person is guilty of public disturbance if he or
she:
1. Causes a public nuisance disturbance or is in
possession and control of property on which a public nuisance
disturbance occurs. The following sounds are determined to be
public nuisance disturbances:
a. The frequent, repetitive or continuous
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sounding of any horn or siren attached to a motor vehicle, except
as a warning of danger or as specifically permitted or required by
law.
b. The creation of frequent, repetitive or
continuous sounds in connection with the starting, operation,
repair, rebuilding or testing of any motor vehicle, motorcycle,
off-highway vehicle or internal combustion engine within a
residential district, so as to unreasonably disturb or interfere
with the peace, comfort and repose of owners or possessors of real
property.
C. Yelling, shouting, hooting, whistling or
singing on or near the public streets, particularly between the
hours of 11:00 p.m. and 7:00 a.m. or at any time and place so as to
unreasonably disturb or interfere with the peace, comfort and
repose of owners or possessors of real property.
d. The creation of frequent, repetitive or
continuous sounds which emanate from any building, structure,
I apartment, condominium, or yard adjacent thereto which unreasonable
interferes with the peace, comfort, and repose of owners or
(possessors of real property such as sounds from musical
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instruments, audio sound systems, band sessions, or social
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j gatherings.
e. The creating of frequent, repetitive or
continuous sounds made by any animal, such as barking or howling
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except that such sounds made in animal shelters, commercial
kennels, veterinary hospitals, pet shops or pet kennels licensed
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under and in compliance with chapter 8.03 of the Kent City Code
shall be exempt from this subsection.
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f. Sound from motor vehicle audio sound
systems such as tape players, radios, and compact disc players,
operated at a volume so as to be audible greater than fifty (50)
;feet from the vehicle itself.
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g. Sound from portable audio equipment, such
i" as tape players, radios, and compact disc players, operated at a
;',volume so as to be audible greater than fifty (50) feet from the
(source, and if not operated upon the property of the operator.
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(C This -provision shall not apply to such sounds emitted from
scheduled events or activities at parks and recreational facilities
such as public address systems for bark or game events or concerts
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1 or similar park or recreation activities.
h. The creation of frequent, repetitive or
jcontinuous sounds made in connection with outdoor construction or
the movement of construction related materials, including noise
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made by devices capable of producing sound by either striking or
cutting objects, such as hammers, saws or other equipment with
internal combustion engines; provided, however, such sounds shall
`ii be exempt from the provisions of this Code under the following
J circumstances:
3 The Fshall—net ar.. apply l_ t o �
y
t
i During the hours of 7:00 a.m. through
( ) g I
E
8:00 p.m., Monday through Sunday; or
(ii) In commercial areas not adjacent to
1residential areas.
B. The foregoing enumeration of acts and noises shall
;not be construed as excluding other acts and noises which offend
;,the public peace.
C. Public disturbance is a misdemeanor.
SECTION 7. Kent City Code Section 9.02.116 is amended to
read as follows:
Sec. 9.02.116. State law adopted by reference --Title 9.
The
following sections of RCW Title 9 are hereby
adopted by
reference
by the city and shall be given the same force
and effect
as if they
were adopted in their entirety:
1.
9.08.010, Allowing vicious animals at large.
2.
9.23.010, Criminal contempt.
3.
9.40.100, Injuring or tampering with fire alarm apparatus
or equipment --Sounding false alarm.
4.
9.41.240, Use of firearms by minor.
S.
9.45.040, Frauds on innkeeper.
6.
9.45.060, Encumbered, leased or rented
personal
property --Construction.
7.
9.45.062, Failure to deliver leased
personal
property --Requisites for prosecution --Construction.
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8. 9.4:7.939, Toter s T -e 9 4 6.19 6.
Cheating.
9. 9.61.120, Throwing glass, tacks, rubbish, etc., in
highway.
10. 9.66.010, Public nuisance.
11. 9.66.030, Maintaining or permitting nuisance.
12. 9.91.060, Leaving children unattended in parked
automobile.
13. 9.21.120, Food stamps and food purchased with
stamps --Reselling or purchasing.
14. 70.93.060, Littering prohibited --Penalties.
SECTION 8. Severability. If any section, sentence,
clause or phrase of this ordinance should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this ordinance.
SECTION 9. Effective Date. This ordinance shall take
effect and be in force thirty (30) days from and after its passage,
approval and publication as provided by law.
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ATTEST:
BRENDA JACOBE , C TY CLERK
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;!APPROVED AS TO FORM:
R A. LUMOVICH, CITY ATTORNEY
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PASSED
APPROVED
i' PUBLISHED
day ofilJ''1 , 1994.
day of , 1994.
day of
1994.
I hereby certify that this is a true copy of Ordinance
No. 3-06 , passed by the City Council of the City of Kent,
Washington, and approved by the Mayor of the City of Kent as hereon
indicated.
i.
EAL )
BRENDA JACOB TY CLERK
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