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HomeMy WebLinkAbout3920AN ORDINANCE of the City Council of the City of Kent, Washington, amending section 9.02.310 of the Kent City Code to provide for the impoundment of vehicles used in high risk prostitution areas for suspected prostitution crimes as authorized by recent legislative enactment by the Washington State Legislature. RECITALS A. In 2002, the Kent City Council adopted Ordinance No. 3621 which identified certain areas with the Kent city limits as "high risk prostitution areas." The council authorized the Kent Municipal Court to issue orders to defendants charged with the crimes of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute, or a defendant convicted of such crimes, as a condition of pre-trial release or probation, to stay out of high risk prostitution areas. B. During its 2009 regular session, the Washington State Legislature adopted ESHB 1362, which authorized law enforcement agencies to impound vehicles used in suspected prostitution crimes. This bill authorizes impoundment if the person arrested on a prostitution- related crime has previously been convicted of a prior prostitution-related crime, or if the local governing agency has designated areas within which 1 Stay Out of Areas of Prostitution- Authorize Vehicle Impoundment vehicles will be subject to impoundment. This ordinance amends KCC 9.02.310 to implement vehicle impoundment when the defendant is suspected of committing a prostitution crime within areas identified by the City as high risk prostitution areas. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. -Amendment. Section 9.02.310 of the Kent City Code, entitled "Stay out of areas of prostitution orders," is amended as follows: Sec. 9.02.310. Stay out of areas of prostitution orders. A. Findings. The high risk prostitution areas set forth in subsection (E) of this section are frequented by persons who seek out or provide prostitution services. These high risk prostitution areas attract prostitutes, persons who patronize prostitutes. and those who promote prostitution. Many of these areas extend beyond the jurisdiction of the City of Kent, and the problem is present in the surrounding cities of Federal Way, Des Moines, SeaTac, Tukwila, and Renton. These surrounding cities have enacted similar ordinances as a tool to combat the prostitution problem. Due to the volume of persons involved in the prostitution trade, adjacent private property owners suffer economic loss due to trash. human waste. and lost business. Community members suffer from traffic congestion and an increased risk to public health and safety. The high risk prostitution areas set forth in subsection (E) suffer a much higher incidence of prostitution-related crimes than other areas of the city. ,aA. Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued by the Kent municipal court to anyone 2 Stay Out of Areas of Prostitution- Authorize Vehicle Impoundment charged with prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of pre-trial release. ~B. SOAP orders may be issued by the Kent municipal court to anyone convicted of prostitution, permitting prostitution, prostitution loitering, or patronizing a prostitute under this chapter or Chapter 9A.88 RCW as a condition of probation. DC. Whenever a police officer shall have probable cause to believe that a person has received a SOAP order as a condition of pre-trial release or of probation and in the officer's presence is seen violating or failing to comply with any requirement or restriction imposed by the court as a condition of such pre-trial release or probation, such officer may arrest the violator without warrant or other process for violation of the SOAP order and bring such person before the court issuing the order . .ES. The SOAP order shall warn the person named in the order to stay out of the following "high risk prostitution areas." 1. Pacific Highway South from the south side of South 272nd Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 2. 30th Avenue South from South 240th Street to State Route 516 (also known as Kent-Des Moines Road), including all adjacent businesses. 3. South 240th Street from the 2700 block through the 3200 . block, including all adjacent businesses. EE. A person is deemed to have notice of the SOAP order when: 1. The signature of the person named in the order, or the signature of his or her attorney, is affixed to the bottom of the order, 3 Stay Out of Areas of Prostitution- Authorize Vehicle Impoundment signifying that he or she has read the order and has knowledge of the contents of the order; or 2. The order recites that the person named in the order or the person's attorney appeared in person before the court. GF. The written SOAP order shall contain the court's directives and shall bear the legend: "Violation of this order is a criminal offense under Ch. 9.02 KCC and will subject the violator to arrest." HG. Whenever a SOAP order is issued under this section, 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 punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than ninety (90) days, or both such fine and imprisonment. I. Pursuant to section l(l)(b) of Engrossed Substitute House Bill 1362 (Laws of 2009, ch. 387 § 1), the high risk prostitution areas identified in subsection (E) above are the areas where vehicles are subject to impoundment for a suspected violation of patronizing a prostitute, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution, commercial sexual abuse of a minor, promoting commercial sexual abuse of a minor, or promoting travel for commercial sexual abuse of a minor. These high risk prostitution areas shall be identified by the placement of clear and conspicuous signs. SECTION 2. -Severabilitv. 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. 4 Stay Out of Areas of Prostitution- Authorize Vehicle Impoundment SECTION 3. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage as provided by law. ATTEST: APPROVED AS TO FORM: PASSED: ---'--day of June, 2009. APPROVED: --'--L--day of June, 2009. PUBLISHED: 2 0 day of June, 2009. I hereby certify that this is a true copy of Ordinance No. =-_;__- passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. --'=----'--------1'---+-----CSEAL) P:\Civll\Ordlnance\ProstitutlonAreas-Vehlclelmpoundment.doc I CITY CLERK 5 Stay Out of Areas of Prostitution- Authorize Vehicle Impoundment