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HomeMy WebLinkAbout4102ORDINANCE NO. 7/rt/fc� AN ORDINANCE of the City Council of the City of Kent, Washington, amending Chapter 9.02 by establishing crimes relating to lewd conduct, by amending sections relating to prostitution loitering and by adding new areas which fall within the scope of the stay out of areas of prostitution orders. RECITALS A. Offensive, disturbing, lewd or obscene activity, such as revealing and provocative dress and actions by employees of coffee stands or other businesses, has increased in the city of Kent, resulting in numerous citizen complaints and criminal investigations. B. The complaints often arise because the offensive, lewd or obscene activity can be viewed from a vantage point that is open to the general public, or the offensive, lewd or obscene activity is of a nature that is tantamount to prostitution or adult entertainment. C. There is no current Kent law or regulation that effectively addresses this type of activity. Kent's code relating to adult entertainment is difficult to enforce under circumstances in which a business operates for a purpose not traditionally associated with the sex trade or adult 1 Amend KCC 9.02 Lewd Conduct Ordinance entertainment, but which sells partial nudity, sexual innuendo, or sexual acts along with product. In addition, while investigations relating to prostitution have resulted in the filing of criminal charges, they are difficult to investigate as the patrons of these businesses and those who work at these businesses and engage in prostitution activity refuse to report the activity or cooperate with the investigations. D. Kent's adult entertainment ordinances protect the public from the secondary effects of adult entertainment businesses, and ensure that the general public cannot see the activity that occurs in the businesses. A number of the secondary effects of adult entertainment which are set forth in KCC 5.10.010 apply to the sex oriented businesses that operate for a purpose not traditionally associated with the sex trade or adult entertainment. The new section entitled "lewd conduct" will protect the public from these secondary effects, will protect the general public from unintentionally or inadvertently viewing the activity, and will reduce incidents of prostitution in Kent. Those businesses which engage in the activity prohibited by the lewd conduct code can engage in their services in the event they meet the requirements of Kent's adult entertainment code. E. In the past, the main method for prostitutes to advertise their services and for customers to obtain prostitution services was by engaging in sexual transactions on the streets and in public places. While this still occurs, more and more, prostitutes and their customers are communicating through the internet or in publications. Due to these changes, amendments to Kent's prostitution loitering code are necessary to prevent prostitution related criminal offenses. F. The Kent Police Department has determined there are additional areas within Kent where prostitution related activity occurs and 2 Amend KCC 9.02 Lewd Conduct Ordinance which should be added to the stay out of areas of prostitution code in order to reduce instances of prostitution related activity. G. This ordinance will protect the public health, safety and welfare. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: ORDINANCE SECTION 1. —Amendment. Chapter 9.02 of the Kent City Code is hereby amended by adding new sections 9.02.295, 9.02.296 and 9.02.297 as follows: Sec. 9.02.295 Definitions. The following words and phrases, wherever used in Kent City Code sections 9.02.296, 9.02.2971 9.02.300 and 9.02.310, shall have the meanings ascribed to them in this section except where otherwise defined and unless the context shall clearly indicate to the contrary: A. Expressive conduct means any dance, opera, musical, dramatic work, or other exhibition or performance, whether or not part of an organized or formal event that constitutes protected speech under the federal or state constitution. B. Known prostitute, a person 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 of 3 Amend KCC 9.02 Lewd Conduct Ordinance prostitution, 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 Washington. C, Patronizing a prostitute shall have the same meaning as set forth in RCW 9A.88.110 as now enacted or later amended or recodified. D. 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. E. Public p/ace means an area generally visible to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and any place in which the general public has a right to be present or view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, including those which serve food or drink or provide entertainment or sell product, and the windows, doorways and entrances to buildings or dwellings and the grounds enclosing them, and structures from which customers can be served through a drive -up or walk-up window, door, or other means, whether or not access is restricted according to age. F. Public place provided or set apart for nudity means an enclosed public restroom, an enclosed functional shower or locker room facy, an enclosed sauna, a motel room or hotel room designed and intended for sleeping accommodations, the location of a bona fide private club whose 4 Amend KCC 9.02 Lewd Conduct Ordinance membership as a whole engages in social nudism or naturalism (a nudist resort or camp), and any similar public places in which nudity is necessarily and customarily expected outside of the home. G. Sexual conduct shall mean "sexual intercourse" or "sexual contact" as defined in RCW 9A.44.010 as currently enacted or later amended or recodified. H. Walking 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 body or any part thereof to simulate sexual conduct. Sec. 9.02.296. Lewd conduct A. A person is guilty of lewd conduct if, in a public place and under circumstances where such conduct is likely to be observed by a member of the public, the person intentionally: (1) Exposes any of his or her body parts without a full and opaque covering: (a) Any part of the male or female genitals, pubic hair, pubic area, perineum, anus, or bottom one-half of the anal cleft; (b) Any part of the areola or nipple of the female breast; or (c) More than one-half of the part of the female breast located below the top of the areola; 5 Amend KCC 9.02 Lewd Conduct Ordinance (2) Exposes the male genitals in a discernibly turgid state, even if fully and opaquely covered; (3) Touches, caresses, or fondles the genitals or female breast, whether clothed or unclothed with the intention of sexual arousal or one's self of others; (4) Masturbates; or (5) Engages in sexual intercourse or sexual contact as those terms are defined in chapter 9A.44 RCW. B. Body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface, any substance that can be washed off the skin, or any substance designed to simulate or by which by its nature simulates the appearance of the anatomical area beneath it, is not full and opaque covering within the meaning of this section. C. This section shall not be construed to prohibit: (1) The act of breastfeeding or expressing breast milk; (2) Classes, seminars, and lectures held for serious scientific or educational purposes; (3) Expressive conduct that is not obscene, subject to the time, place, and manner restrictions contained in chapter 5.10 KCC or other law; (4) Conduct of licensed adult entertainers within adult entertainment dance studios operating pursuant to chapter 5.10 KCC; 6 Amend KCC 9.02 Lewd Conduct Ordinance (5) Conduct of licensed employees working in adult businesses operating pursuant to chapter 5.10 KCC, provided the conduct is not exposed to a person under 18 years of age; or (6) Conduct of a child under 10 years of age. D. Lewd conduct is a misdemeanor. Sec. 9.02.297. Facilitating Lewd conduct. The owner, lessee, manager, operator, or other person in charge of a public place is guilty of facilitating lewd conduct if the person knowingly permits, encourages, or causes to be committed lewd conduct as defined in KCC 9.02.296. Facilitating lewd conduct is a misdemeanor. SECTION 2. —Amendment. Sections 9.02.300 and 9.02.310 of the Kent City Code are hereby amended as follows: Sec. 9.02.300. Prostitution Loitering A. A person is guilty of prostitution loitering if he or she �laee—ani—intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute. B. Among the circumstances which may be considered in determining whether the actor intentionally solicits, induces, entices, or procures another to commit the crime of prostitution or patronizing a prostitute are that he or she: i. Repeatedly beckons to, stops, or attempts to stop passersby, or engages passersby in conversation; 7 Amend KCC 9.02 Lewd Conducf Ordinance 2T Repeatedly stops or attempts to stop occupants of a motor vehicle or motorcycle by hailing, waiving, or beckoning to the occupants using words or conduct, or attempts to obtain the attention of the occupants by walking or otherwise conducting oneself in a sexual manner; 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; prostitutes, prostitution; 6. Is a known or a person prostitute, a person known known to promote, permit, to patronize or advance Inquires whether another is a police officer, searches for articles that would identify a police officer, or exposes his or her genitals or her breasts, or requests the other to touch his or her genitals or her breasts to prove that the other is not a police officer; or 7. Utilizes Internet websites, publications or social media including but not limited to Backpage.com, Craigslist.com, or the Stranger to solicit, induce, entice, or procure another to commit the crime of prostitution or patronizing a prostitute. 8 Amend KCC 9.02 Lewd Conduct Ordinance 9 Amend KCC 9.02 Lewd Conduct Ordinance dib mIlilL Nil roll UP IN T OF ,lir dill. dib rilih UP W IF IN ,lib lib I m ar Ill. =�m ilir all UP lift llilillig III will 0111 1 UP W wil UP III, ri III IIIIIIIIII III will I a W IN jillo ii, ii, 7V2wm7Kw% -- -- - -- ---- -- -- -- of MO 0% 0 1 so ad IN rim IN IN I ilir lomm�WA�ommayi or a Will IN WA ME IN 10 ME tw� MALLd.N&TAMMLWAJMLWJLNIIULWA�LO -�AVM -- By" III UK" NEI"! IN BEEEK�01111111-lill Ill 11 Ill 1111 11111 r, 11 Ill all ROM .. .. . 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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) of this section suffer a much higher incidence of prostitution -related crimes than other areas of the city B. Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued by the Kent municipal court to anyone 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. 10 Amend KCC 9,02 Lewd Conduct Ordinance OMM MI will I III will 0111 ill 11 1111 Ill V I I will wil 011111111111111 M W M W D�. Prostitution loitering is a misdemeanor. 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) of this section suffer a much higher incidence of prostitution -related crimes than other areas of the city B. Stay out of areas of prostitution orders, hereinafter known as "SOAP" orders, may be issued by the Kent municipal court to anyone 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. 10 Amend KCC 9,02 Lewd Conduct Ordinance C. 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. D. 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. E. 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. 4. Central Avenue North/84th Avenue South from Novak Lane to South 222nd Street, including all adjacent businesses. 11 Amend KCC 9.02 Lewd Conduct Ordinance 5T 83rd Avenue South from South 228"" Street to South 224tn Street, including all adjacent businesses. F. 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, 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. G. 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." H. 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 1(1)(b) of Engrossed Substitute House Bill 1362 (Laws of 2009, ch. 387 § 1), the high risk prostitution areas identified in subsection (E) of this section 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 12 Amend KCC 9.02 Lewd Conduct Ordinance 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 3. -Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; ordinance, section, or subsection numbering; or references to other local, state or federal laws, codes, rules, or regulations. SECTION 4. -Severability. If any one or more section, subsection, or sentence of this ordinance is held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this ordinance and that remaining portion shall maintain its full force and effect. SECTION 5. -Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. COOKE, MAYOR ATTEST: APPROVED AS TO FORM: i ARTHUR xxkTFITZPATRICK. ACTING CITY ATTORNEY 13 Amend KCC 9.02 Lewd Conduct Ordinance PASSED: day of ��y�y�r� 2014. , oq APPROVED: � day of �145ZO61a 'Lif , 2014. PUBLISHED:QL day of fiQ116AG r a , 2014 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 j,ra.dcated. AL) RONALDF. 00 ,CITY LERK P:\Civil\Ordinance\Lew Conduct Prostitution, Docx 14 Amend KCC 9.02 Lewd Conduct Ordinance