HomeMy WebLinkAbout3715Ordinance No-. 3715
(Amending or Repealing Ordinances)
CFN=122 - Police/Fire Departments
Passed - 10/5/04
Prostitution Loitering - Amend KCC 9.02.300
Amends Ord. 3621
ORDINANCE NO. 37/5
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending section 9.02.300 of the
Kent City Code, entitled "Prostitution loitering."
RECITALS
A. The provisions of section 9.02.300 of the Kent City Code has been in
effect in the City of Kent since the adoption of the City's 1986 code.
B. This code section has not been amended since its original adoption;
however, in response to this ordinance, those who commit the crime of prostitution
loitering have changed their conduct in an attempt to conceal their criminal activity.
C. The amendments set forth in this ordinance are needed in order to take
into account the manner in which the crime is currently being committed and to clarify
who may be charged under the ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
1 Prostitution Loitering —
Amend KCC 9.02.300
ORDINANCE
SECTION I. — Amendment. Section 9.02.300 of the Kent City Code, entitled
"Prostitution loitering," is amended as follows:
Sec. 9.02.300. Prostitution loitering.
A. A person is guilty of prostitution loitering if he or she is in �a
public place and intentionally solicits, induces, entices, or procures another to commit
the crime of prostitution or patronizing a prostitute.
B. The c iiwing aeir-eum4ames may beeei-isider-ed Among the
circumstances which may be considered in determining whether the actor intends
intentionally solicits, induces, entices, or procures another to commit the crime of
prostitution or patronizing a prostitutdoi4er-ingThe aete are that he or she:
1. Repeatedly beckons to, stops or attempts to stop passersby, or engages
passersby in conversation;
2. Repeatedly stops or attempts to stop occupants of a motor vehicle or
motorcycle epemters-by hailing, waiving, or beckoning to the occupants using words or
conduct, g of aEms, or attempts to obtain the attention of the occupants by
walking or otherwise conducting oneself in a sexual manner:ae< other- 1,. di! ge..twe;
3. Circles or repeatedly returns to an area and repeatedly beckons to,
contacts, or attempts to stop pedestrians;
4. Circles or repeatedly returns to an area known by the police as an area of
prostitution.
45. Is a known prostitute, a person known to patronize prostitutes, or a
person known to promote, permit, or advance prostitution-er- er; or
56. Inquires whether another is a police
officer, searches for articles that would identify a police officer, or exposes his or her
2 Prostitution Loitering —
Amend KCC 9.02.300
genitals or herfemale breasts, or requests the other to touching pesij is or her of
genitals or femaleher breasts to prove that the other efsen is not a police officer.
C. As used in this section:
1. Patronizing a prostitute shall have the same meaning as set forth in
RCW 9A.88.110 as now enacted or later amended or recodified.
42. Prostitution means to engage or agree or offer to engage in
sexual conduct for a fee, reward, exchange of any item or service, or promise, but does
not include sexual conduct engaged in as part of any stage performance, play, or other
lawful and properly licensed entertainment open to the public.
33. Known prostitute, aperson known to
patronize prostitutes, or a person known to advance prostitution means a person who
within one (1) year previous to the date of arrest for violation of this section has, within
the knowledge of the arresting officer, been convicted of an offense
kweN,kit--�rostitution, patronizing a prostitute, prostitution loitering_ permitting
prostitution, or promoting prostitution whether or not such conviction occurs under the
Revised Code of Washington or comparable laws of municipalities in the state of
Washmgton.
34. Public place is an area generally visible to public view and includes
without limitation streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking
lots, bus stops, automobiles (whether moving or not), and buildings open to the general
public, including those which serve food or drink, or provide entertainment, and the
doorways and entrances to buildings or dwellings and the ground enclosing them.
45. Sexual conduct shall have the s o e as mean "sexual
intercourse" or "sexual contact" as defined in RCW 9A.88.030 and r,,af4e . 9A.44 010
as currently enacted or later amended or recodified4ZC-W.
6. Walk -me or otherwise conducting oneself in a sexual manner shall mean
the swaying of hips, drawing attention to one's buttocks, legs or breasts grabbing
oneself in the genitals or breasts, blowing kisses, or using one's bodv or anv part
thereof to simulate sexual conduct.
3 Prostitution Loitering —
Amend KCC 9.02.300
D. Prostitution loitering is a misdemeanor.
SECTION 2. — Severability If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 3. — ffective Date. This ordinance shall take effect and be in force
thirty (30) days from and after its passage as provided by law.
- 1: 4;?""
Mf)WHITE,AYOR
ATTEST:
RENDA JACOBER, cVry CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
4
Prostitution Loitering —
Amend XCC 9.02.300
PASSED: 6 day of October, 2004.
APPROVED: S day of October, 2004.
PUBLISHED: R day of October, 2004.
I hereby certify that this is a true copy of Ordinance No. 27J6
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
P .Ciel WRDINMCE�Promt.pwLw(u�.Epr.Nd.c
SEAL)
BRENDA JACOBER, ITY CLERK
5 Prostitution Loitering —
Amend KCC 9.02.300