HomeMy WebLinkAboutCity Council Committees - Public Safety Committee - 01/14/2014 Public Safety Committee Agenda
Councilmembers: • Dana Ralph • Les Thomas, Jim Berrios, Chair
KEN T
w..sHiNcroN
January 14, 2014
5:30 p.m.
Item Description Action Speaker(s) Time Page
1. Approval of November 11, 2013 minutes Yes Jim Berrios 5 min 1
2. WAPTA PATROL Task Force
2013-2015 Grant Yes Sara Wood 10 min 5
3. Ordinance Amending KCC 9.02 -
Lewd Conduct Yes Commander Hemmen 5 min 11
4. Police Chief's Update No Chief Ken Thomas 5 min 27
• School Zone Traffic Safety Cameras
• Status of staffing
Unless otherwise noted, the Public Safety Committee meets the 2nd Tuesday of each month at 5:30 p.m.
in Council Chambers East, Kent City Hall, 220 4th Avenue South, Kent, 98032-5895.
For information please contact Kim Komoto at (253) 856-5788 or via email at kkomoto@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk's Office at (253) 856-5725 in advance. For
TDD relay service call the Washington Telecommunications Relay Service at 1-800-833-6388.
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KENT
WASHINGTON
CITY OF KENT
PUBLIC SAFETY COMMITTEE MEETING MINUTES
November 12, 2013
COMMITTEE MEMBERS: William Boyce, Chair, Les Thomas, and Dana Ralph. The meeting
was called to order by Chairperson William Boyce at 5:31 p.m.
Changes to the Agenda:
Chief Ken Thomas moved item five "Six-Month Marijuana Zoning and Business License
Moratorium Ordinance to item two.
1. Approval of Minutes
Councilmember Thomas MOVED and Councilmember Ralph SECONDED a Motion to
approve the October 8, 2013 minutes. Motion PASSED 3-0.
2. Six-Month Mariivana Zoning and Business License Moratorium - Ordinance
Acting City Attorney, Pat Fitzpatrick presented information regarding the moratorium. Pat
informed the council took action to prohibit medical marijuana collective gardens on June 5,
2012. Many changes have taken place since that time. Collective gardens under the medical
marijuana statute are prohibited in Kent. On November 6, 2012, I-502 passed regarding
recreational marijuana and the Liquor Control Board established rules and regulations and we
have also watched what other cities are doing.
An update was provided at the June 4, 2013 council workshop regarding the city's code and how
it related to recreational marijuana in addition to informing the council on the interpretation of
the city's code. Pat indicated that the city's code allows land uses that are specifically
delineated in the code and if they are not delineated, they are generally not permitted in the
city. If a person wants to engage in a land use in a particular zone in the city that is not
specifically permitted, they can come in on an exception basis as long as that use closely
resembles another permitted use in the city. Recreational marijuana land uses would most
resemble medical marijuana land uses which are prohibited, and therefore, under our code,
recreational marijuana uses are not permitted.
Recently the Liquor Control Board issued draft recommendations to the Legislature that will
essentially eliminate the medical marijuana statute so that all marijuana regulations can be
under the control of the state.
Anticipate that collective gardens will not be an accepted use under state law (Pat clarified that
collective gardens are not allowed in Kent) and if that happens, that will create confusion in our
code.
Recreational marijuana uses are not permitted in Kent, but the code would be somewhat
confusing. When the planning director would need to determine if a recreational marijuana use
is available in a certain zoning district the director would need to compare it to something that
does not refer to the code to see if recreational marijuana uses are allowed in Kent compare it
to something that does not exist under state law.
Pat recommends the council get in front of this issue instead of being reactive.
Public Safety Committee Minutes
November 12, 2013
2
Monday, November 18th the Liquor Control Board will begin accepting state licenses for
recreation marijuana retail outlets, three are designed for Kent. Pat recommended that the
committee approve a moratorium that will go on other business on the November 19th city
council meeting so that we can put a placeholder go before the Land Use and Planning Board
where there will be a hearing and then to the Economic and Community Development
Committee.
Pat would like the code to be clear to avoid litigation.
Moratorium will allow time for amending the code while the liquor control board considers
licenses for Kent. The moratorium can last up to six months. The public hearing for public
comment will take place January 7th if adopted at the November 19th city council meeting.
Councilmember Boyce asked to confirm the public comment and hearing process.
Councilmember Ralph asked for confirmation that the plan is for the legislature to look at the
changes in the session that starts in January, but there are no guarantees that any action will be
taken. Councilmember Ralph likes proactive, lots of conflict between our laws and I-502.
Pat indicated that the city of Kent is currently in the court of appeals. Assistant City Attorney
David Galazin is deeply involved in the development of law in the state of Washington regarding
this issue. Pat indicated that he is confident that the City has the ability to take the action and
have the position that it has.
Recommendation from Attorney's office is to ensure that the council's policy is carried through
as strongly as possible and the change to the code will result in that. If the code is not
changed, the result may be the same, but it may take some costly litigation to get there.
Councilmember Thomas introduced an amendment to the motion to read "move to recommend
council adopt an ordinance prohibiting the establishment, location ..." Pat indicated that this
amendment would result in a Defacto zoning code amendment. Whenever we amend our
zoning code, the amendment must go to Land Use and Planning Board in addition to doing a
preliminary SEPA-type analysis and give the state of Washington notice. The moratorium will
result in a stop of everything related to recreational marijuana for six months and in the process
we will process that zoning code change that will come back to the council. The intent is that
the city process a permanent zoning code amendment.
Christine Masse, attorney with two clients, Chris Kealy and Natasha Combs who are interested in
opening a producer/processing business relating to I-502. Recommend and encourage a more
nuanced approach. State regulated I-502 business, manufacturing and processing only business
only, with surveillance, security, transportation, waste disposal requirements, cameras on every
door, fencing. Makes sense with what Kent has to offer regarding manufacturing, warehouse
distribution. Ms. Masse believes that this type of business will fit in Kent. Would like city to
allow this use. Chris Kealy is prepared to invest 20 million dollars in business in Kent that would
offer over 100 jobs, contribute to B&O tax base and property tax base. Consider this as you
would consider any other manufacturing businesses as long as they meet all the regulations the
city and state require.
Concern over moratorium because licensing window opens on Monday and is only open for 30
days and that considers this an outright ban. Worried that the licensing window will never open
again and if this moratorium is in place, then people will not look to open in Kent.
Ms. Masse believes that there is a high likelihood that this legislation gets opened back up to put
in a direct revenue provision for local jurisdictions just as liquor did. She does not believe that
this business will not put a drain on city resources.
Public Safety Committee Minutes
November 12, 2013
3
Councilmember Thomas indicated that he does not want this type of business in Kent because it
is against federal law.
Councilmember Ralph asked for clarification regarding whether or not there is a limit on the
number of manufacturing and processing businesses. Pat indicated that he does not believe
that there are any specific limitations or city-specific allocations regarding manufacturing and
processing. There are square footage limitations in the state of Washington.
Councilmember Ralph also wanted confirmation that the liquor control board will be issuing
licenses without any concern regarding local controls. Pat indicated that the liquor control board
asked the Attorney General's office regarding an opinion as to whether they need to consider
local zoning restrictions.
Councilmember Ralph also noted that the cities of Federal Way, Renton, Auburn have been
enacting similar moratoria. Pat indicated that Kent is taking a firm stance on this issue.
Ms. Masse believes that the questions to the Attorney General are 1) Does the city of Kent have
the authority to ban? 2) Does the city of Kent have the authority to make it so hard to be here
that it is essentially a ban?
Chris Kealy spoke regarding being a producer/processor that purchased property in the city of
Kent in 2006 and 2008. Mr. Kealy asked about the timing of the effective date of the moratoria.
Could the City push the decision to a later date? Mr. Kealy also indicated that the citizens voted
for this.
Councilmember Ralph clarified that the vote tonight is to recommend moving this to the full
council, it is not a final decision on this issue.
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED
a Motion to recommend Council adopt an Ordinance adopting a six-month moratorium within
the city of Kent prohibiting the establishment, location, operation, licensing, maintenance or
continuation of marijuana processors, producers, and retailers claiming authorization under
Chapter 69.50 RCW or any other law of the state of Washington and setting a date for a public
hearing. Motion PASSED 3-0.
3. Professional Services Contract — E-S Press "Emotional Survival"
Chief Thomas and Assistant Chief Padilla discussed the professional services contract with E-S
Press. This training furthers the cultural respect training and civility training. This training is an
investment in staff for emotional survival. Working with staff to have a positive, productive
workplace and how our officers interact with citizens.
Ass January 8, 9, 10 and January 20th. The Kent School District is partnering with the police
department and the trainings will be held at the Kentlake performing arts. This training helps
with stress management and provide them with coping mechanisms for police personnel and
their families in addition to inviting regional agencies. This training is mandatory for all officers
and civilian staff.
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED
a Motion to recommend the Council authorize the Mayor to sign a professional services
agreement with Kevin Gilmartin d/b/a E-S Press, Inc., in the amount of $27,500, with terms
and conditions acceptable to the City Attorney and Police Chief. Motion PASSED 3-0.
4. School Resource Officer Agreement
Public Safety Committee Minutes
November 12, 2013
4
Chief Thomas presented information regarding the School Resource Officer Agreement officers
at Kentridge and Kent Meridian high schools and the middle schools within the city of Kent that
feed into those schools. The School Resource Officers will stay at the schools year round. The
police chief has the discretion to put the officers if resources are reduced.
During the summertime, the Officers train staff on defensive tactics and also prepare emergency
planning for the schools.
After deliberating, Councilmember Thomas MOVED and Councilmember Ralph SECONDED
a Motion to recommend Council authorize the Mayor to sign the School Resource Officer
Agreement between the Kent Police Department and the Kent School District for the 2013-2014
school year, with terms and conditions acceptable to the Police Chief and City Attorney. Motion
PASSED 3-0.
S. WTSC Memorandum of Understanding DUI and Seatbelt Enforcement
Chief Thomas presented information regarding the $8,000 DUI and Seatbelt Enforcement grant
from the Washington Traffic Safety Commission. Councilmember Ralph indicated that she fully
supports this program.
After deliberating, Councilmember Ralph MOVED and Councilmember Thomas SECONDED
a Motion to recommend Council authorize the Mayor to sign the Memorandum of
Understanding between the Washington Traffic Safety Commission and the city of Kent in the
amount of $8,000, reimbursing the city for DUI and Seatbelt enforcement, amend the budget,
and authorize expenditure of the funds in accordance with terms and conditions acceptable to
the Police Chief and City Attorney. Motion PASSED 3-0.
6. Chief of Police Update
Chief Thomas presented information regarding the street racing problems within the city of
Kent. The police department is working on traffic mitigation measures to help reduce the racing
in the City. 200-300 cars gather in the north end of Kent to race. Speed bumps or some other
alteration in the roadway are options that the police department is considering to help ensure
the safety of the citizens of Kent.
City of Kent is partnering with other regional partners to invest in facial recognition software
that uses booking photos to identify people on the street, or video from crime scenes.
The city of Kent was chosen to be part of a pilot program for the Automated Fingerprint
Identification System. On October 22,d, the city of Kent police department went live with this
system. Since then the system has been used 15 times and at least 5 positive identifications
were retrieved within 5 minutes. The police department is working smart to help make our
community as safe as can be.
Councilmember Thomas asked for confirmation regarding the School Zone Traffic Safety Camera
Program. The Chief indicated that warning period will start and enforcement will begin the first
day of school after the school winter break.
Adjournment
Councilmember Boyce adjourned the meeting at 6:25 p.m.
Kim A. Komoto
Public Safety Committee Minutes
November 12, 2013
5
POLICE DEPARTMENT
Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
WA511IGTOI Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: January 14, 2014
TO: Public Safety Committee
SUBJECT: WATPA PATROL Task Force 2013-2015 Grant
MOTION:
Recommend Council authorize the Mayor to accept the Washington Auto Theft
Prevention Authority grant award in the amount of $74,983, authorize amending
the budget and authorize expenditure of the funds in accordance with the grant
terms and conditions acceptable to the city attorney and police chief.
SUMMARY: The biennium Washington Auto Theft Prevention Authority (WATPA) grant
was awarded to Prevent Auto Theft through the Regional Operational Links (PATROL) Task
Force. The grant was submitted by the Federal Way Police Department, and the Kent
Police Department will be the fiscal manager for the funds. The PATROL Task Force is
comprised of South King County law enforcement agencies, the King County Prosecutor's
Office, and two North Pierce County police agencies. This $74,983 grant funds additional
salary and benefits.
Exhibit: WATPA award letter to Federal Way, dated November 1, 2013 and grant
program award sheet;
Agreement between Federal Way police and WATPA;
Initial WATPA award letter to Federal Way, dated July 15, 2013 and grant program award
sheet
Budget Impact: The funds are awarded on a reimbursement basis, so there is no
budget impact.
6
WASHINGTON AUTO TUTJT PREVENTION AUTHORITY
WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS
3060 Willamette Drive NE,Suite 101—Lacey,WA 98516—Phone:(360)292-7900—Fax:(360)292-7269—Website:littp://watpa.waspe.or8
'Preventing and reducing motor vehicle thefts in the State of Washington."
UTPA,
141wtr�s�IvsFu!,h1'Irt��rlrtiot�+MAu�railp
November 1, 2013
Chief Brian Wilson
Federal Way Police Department
33325 8th Ave. S
Federal Way, WA 98003
Dear Chief Wilson:
The Washington Auto Theft Prevention Authority (WATPA) Board of Directors recently reviewed your
request to revisit the original grant funding regarding the King County Prosecuting Attorney (KCPA)
salary/benefits that was part of the Federal Way Police Department's (PATROL) grant request for the
2013-1015 biennium. The board recently approved $74,983.00 in additional salary and benefits for the
KCPA position.
Enclosed is an amended award agreement that must be signed and returned to Cynthia Jordan at WATPA
as soon as possible. All grant awards are subject to Grant Policies and Procedures of the Washington
Auto Theft Prevention Authority.
Costs will be paid on a reimbursement basis. Agencies are reimbursed for actual expenses only up to the
limit of the award categories. After October 15, 2013 reimbursement requests by grant recipients will
only be processed upon receipt of current quarterly reports by the WATPA office.
i
If you have any questions, please contact me at 360-292-7959 or via e-mail at mpainter@waspe.org.
Sincerely,
I
j
i
Michael Painter, Executive Director
Washington Auto Theft Prevention Authority
i
ti4rshingtnn Aran TheJl Prevention
Authority
JOHN BATISTE EMIL DAMMEL HARVEV GJESDAL KEN 110HENBERO RICK SCOTr
Chief-1PA.Slai,Patrol Insitrance/ndusay Sheriff-Douglas County Chief—Kenneivick Sheriff-Grays Harbor
JOHN MARTIN MITCH BARKER DAN SATTERBERC BOB LEE MERLE PPIEFER
Generalhibhc E.cecu live Directot-WASP(' Pro,secutingAttorney-King County Chief-Auburn Automobile Industry
i
MICRArL PAINTER
h4erruive Dirwior-WATPA
AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT 7
AND
THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY
A UTO THEFT PREVENTION GRANT PROGRAM A WARD SHEET
AMENDED
1, Award Recipient Name and Address: 2, Contact: Brian Wilson
Federal Way Police Department Title: Chief
33325 8th Ave. S Telephone: 253-835-6701
Federal Way, WA 98003
3. Project Title 4. Award Period:
PATROL Task Force 07/01/2013--06/30/2015
5. Grant No: 6, Funding Authority:
13-15 WATPA 004 WASHINGTON AUTO THEFT
PREVENTION AUTHORITY
i
7. Amount Approved: 8. Service Area:
$1,689,083.00 King/Pierce Counties
9. Requests for reirnbursement under this agreement are subject to the following Budget:
I
I
Description Requested Agency Funds WATPA
Funding (If any) Approved
A. Personnel 1,263,613.00 206,485.00 1 ,087,580.00
B. Employee Benefits 548,176.00 62,371 .00 464,127.00
Overtime (not to exceed 2%
1 .. _.._. ._ ...._.. ._.. _... _C. of grant request 39,450.00 0 00 28,946.00� it
D. Consultants/Contracts 7,400 00 0.00 4,000.00
Travel/Training„ __... _........ 29,175.00 500.00 20,000.00
F. Other Expenses 79,930.00 22,000.00 68,430.00
G. Equipment/Technology 3,200 00 0.00 0.00
H. Public Outreach 16,000.00 _ 0,00 16,000.00
FINAL 1,986,944.00 91,356.00 1,6€39,083.00
i
8
AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT
AND
THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY
AUTO THEFT PREVENTION GRANT PROGRAMAWARD SHEET
IN WITNESS WHEREOF, the WATPA and RECIPIENT acknowledge and accept the terms of
this AGREEMENT and attachments hereto, and in witness whereof have executed this
AGREEMENT as of the date and year last written below. The rights and obligations of both
parties to this AGREEMENT are governed by the information on this Award Sheet and other
documents incorporated herein by reference: Agreement Specific Terms and Conditions, and
Agreement General Terms and Conditions.
WATPA RECIPIENT
Name/ Michael Painter Name/ r'
Title WATPA, Executive Director Titlej
Date: Date:
i
II
9
WASHINGTON AUTO THEW PREVENTION AUTHORITY
WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS
3060 Willamette Drive NE,Suite 101—Lacey,WA 98516—Phone:(360)292-7900—Fax:(360)292-7269—Website:littp://watpa.waspc.org
"Preventing and reducing motor vehicle thefts in the State of Washington."
j,
Washington Auto Theft Pree ntionAuthordl
July 15, 2013
f
Chief Brian Wilson
Federal Way Police Department
33325 8th Ave. S
Federal Way, WA 98003
Dear Chief Wilson:
i
I am pleased to inform you that Washington Auto Theft Prevention Authority (WATPA) Board of
Directors has approved the Federal Way Police Department's grant application for funding the
PATROL task force for the July 1, 2013-June 30, 2015 biennium in the amount of$1,614,100.00.
Please know that the WATPA Board has discontinued funding of bait car programs.
Enclosed is an award agreement that must be signed and returned to Cynthia Jordan at WATPA as soon
as possible. WATPA funds cannot be reimbursed until the signed agreement is received. Expenditures
prior to the award effective date or after the grant expiration date are not authorized and will not be
reimbursed. All grant awards are subject to Grant Policies and Procedures of the Washington Auto Theft
Prevention Authority.
Costs will be paid on a reimbursement basis. Your agency will be reimbursed for actual expenses only up
to the limit of the award categories. All grant applicants are required to submit a non-supplanting
declaration to WATPA before funding requests will be processed. After October 15,2013 reimbursement
requests by grant recipients will only be processed upon receipt of current quarterly reports by the
WATPA office. An updated quarterly report will be available on the WATPA website after September
15,2013.
If you have any questions,please contact me at 360-292-7959 or via e-mail at mhainter(:(_�waspe.org.
i
i
Sincerely,
Michael Painter, Executive Director
Washington Auto Theft Prevention Authority j
MmItiuglan Aaa,Theft Prerentimn
Aulhorhy
JOHN BATISTE EMIL DAMMEL HARVEY GJESDAL KEN HOHENBERG RICK SCOTT
Chief-IFA Slate Patrol Insurance Industry Sheriff—Douglas County Chief--Kennewick Sheriff-Grap Harbor
VACANT MITCH BARKER DAN SATTERBERG BOB LEE MERLE PFIEFER -
GeneralPublic Executive Director-NASPC Prosecuting Allorney-King County Chlef-Auburn Automobile Industry
MICHAEL PAINTER
Evocative Director-IFATPA
10
AGREEMENT BETWEEN FEDERAL WAY POLICE DEPARTMENT
AND
THE WASHINGTON AUTO THEFT PREVENTION AUTHORITY
A UTO THEFT PREVENTION GRANT PROGRAMAWARD SHEET
1. Award Recipient Name and Address: 2. Contact: Brian Wilson
Federal Way Police Department Title: Chief
33325 8th Ave. S Telephone: 253-835-6701
Federal Way,WA 98003
3. Project Title 4. Award Period:
PATROL Task Force 07/01/2013—06/30/2015
5. Grant No: 6. Funding Authority:
13-15 WATPA 004 WASHINGTON AUTO THEFT
PREVENTION AUTHORITY
7. Amount Approved: 8. Service Area:
$1,614,100.00 King/Pierce Counties
i
9.Requests for reimbursement under this agreement are subject to the following Budget:
Description Requested Agency Funds WATPA
Funding (If any) Approved
A. Personnel 1,263,613.00 206,485.00 1,032,432.00
B. Employee Benefits 548,176.00 62,371.00 444,292.00
Overtime (not to exceed 2%
C. of grant request) 39,450.00 0.00 28,946.00
D. Consultants/Contracts 7,400.00 0.00 4,000.00
E. Travel/Training 29,175.00 500.00 20,000.00
I
F. Other Expenses 79,930.00 22,000.00 68,430.00
G. Equipment/Technology 3,200.00 0.00 0.00
H. Public Outreach 16,000.00 0.00 16,000.00
FINAL 1,986,944.00 291,356.00 1,614,100.00
11
POLICE DEPARTMENT
Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
WA511IGTON Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: January 14, 2014
TO: Public Safety Committee
SUBJECT: Ordinance Amending KCC 9.02 to Establish Lewd Conduct
MOTION:
Move to recommend Council adopt an ordinance 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.
SUMMARY:
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.
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.
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 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.
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
12
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.
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.
The Kent Police Department has determined there are additional areas within Kent where
prostitution related activity occurs and which should be added to the stay out of areas of
prostitution code in order to reduce instances of prostitution related activity.
This ordinance will protect the public health, safety and welfare.
Exhibit: Ordinance
Budget Impact: None
13
ORDINANCE NO.
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
14
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
15
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, 9.02.297, 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
16
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 place 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 facility, 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 ' a pub
plaee and 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:
1. Repeatedly beckons to, stops, or attempts to stop passersby,
or engages passersby in conversation;
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2. 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;
5. Is a known prostitute, a person known to patronize
prostitutes, or a person known to promote, permit, or advance
prostitution;
6. 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.
G. As used On thus seet*en.!
t ferth RGW nn 88 1 1 n tea
use^ "S�rv=d�eTra£�e later rvi--iu��a-rrdreriue vr"
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8 Amend KCC 9.02
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se-, ar prengise, but does not include sexual conduct engaged in as
part ef any stage per-fernganee, play, er ether- lawful and pr-eperly lieensed
whe within ene (1) year pr-evieus te the date ef arrest fer- vielatien ef this
sectien has, within the knowledge of the arresting efficer, been cenviet
laws ef municipalities On the state ef Washingten.
4. Publie place is an aFea generally visible te public view and
engage in sexual eenduet fer- a fee, reward, exehange ef any iteng e
dFiveways, par-king lets, bus steps, autengebiles (whether- n9eving er- net-)-,
and buildings epen te the
general publie, ineluding these whieh serve feed er- dr-ink er- pr-evide
entertainment, and the deerways and entrances te buildings er dwelling-s
C. The crime of prostitution loitering may be deemed to have been
committed either at the physical location where the loitering occurred or at
the location where the person agrees to meet someone they solicit for acts
of prostitution as defined in RCW 9A.88.
as defoned un RGW 99A.44.010 as currently enacted or later amended e
9 Amend KCC 9.02
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n9ean the swaying ef hops, drawing attentien te ene's butteeks, legs, er
using ene's bedy er- any part ther-eef te simulate sexual eenduet.
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/84t" Avenue South from Novak Lane to
South 222nd Street, including all adjacent businesses.
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5. 83rd Avenue South from South 228t" Street to South 224t"
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.
SECTIONS. - 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.
SUZETTE COOKE, MAYOR
ATTEST:
RONALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
ARTHUR "PAT" FITZPATRICK, ACTING CITY ATTORNEY
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PASSED: day of , 2014.
APPROVED: day of , 2014.
PUBLISHED: day of , 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 indicated.
(SEAL)
RONALD F. MOORE, CITY CLERK
P:\Civil\Ordinance\Lew Conduct Prostitution.Docx
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POLICE DEPARTMENT
Ken Thomas, Chief of Police
KENT Phone: 253-856-5800
WA511IGTON Fax: 253-856-6802
Address: 220 Fourth Avenue S.
Kent, WA. 98032-5895
DATE: January 14, 2014
TO: Public Safety Committee
SUBJECT: Police Chief's Update — Information Only
Information Only
SUMMARY: Ken Thomas, city of Kent Police Chief, will present information regarding
current events affecting the police department including:
• School Zone Traffic Safety Camera Program
• Status of Staffing