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
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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
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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
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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
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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;
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(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;
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(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;
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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.
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9 Amend KCC 9.02
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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.
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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.
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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.
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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
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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
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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
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