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Ord 90-053 0072.160.001 RPB/totj 2/22/90 R: 04/13/90 ORDINANCE NO. 90-53 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, PROHIBITING PROSTITUTION ACTIVITIES i CONTAINING A SEVERABILITY CLAUSE; SETTING AN EFFECTIVE DATE AND APPROVING AN ORDINANCE SUMMARY FOR PUBLICATION. WHEREAS, the Federal Way city council finds that this ordinance is in the interest of the public's health, safety and welfare, now, therefore. THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: section 1. Definitions. For the purpose of this ordinance, the following words, terms or phrases shall have the following meanings: A. An "actor" is a person who engages in conduct in violation of this ordinance. B. A "known prostitute or panderer" is a person who, wi thin one year prior to the date of arrest for a violation of this ordinance, has been convicted of violating any ordinance or law of any jurisdiction within the state of Washington defining and punishing acts of soliciting, committing, or offering or agreeing to commit prostitution. C. "Prostitution" means engaging for hire in sexual activity. RPBOl9220 -1- COPf D. "Sexual activity" means: L Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; and 2. Also means any penetration of the vagina or anus however slight, by an object, when committed on one person by another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; and 3. Also means any act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether such persons are of the same or opposite sex; and 4. Also means masturbation, manual or instrumental, of one person by another. section 2. Unlawful Acts. It is unlawful for anyone: A. To commit or offer or agree to commit an act of prostitution; or B. To secure or offer to secure another for the purpose of committing an act of prostitution; or c. To knowingly transport a person into or within the city with purpose of promoting that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or RPBO19220 -2- D. To knowingly receive, offer or agree to receive another into any place or building for the purpose of performing an act of prostitution, or to knowingly permit another to remain there for any such purpose; or E. To direct another to any place for the purpose of committing an act of prostitution; or F. To knowingly in any way aid, abet or participate in an act of prostitution; or G. To remain in or near any street, sidewalk, alleyway or other place open to the public with the intent of committing, or inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are: 1. That the actor is a known prostitute or panderer; or 2. The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or 3. The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians; or RPBO19220 -3- 4. The actor inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer. To enter or remain in any "area of prostitution" in H. violation of a condition or probation. section 3. Penaltv. Any person who violates the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a maximum fine of $~,OOO.OO or imprisonment for a term not to exceed 90 days, or both. Section 4. Probation violations. A. Whenever a police officer shall have probable cause to believe that a probationer, prior to the termination of the period of his/her probation, is, in such officer's presence, violating or failing to comply with any requirement or restriction imposed by the court as a condition of such probation, such officer may cause the probationer to be brought before the court wherein sentence was deferred or suspended, and for such purpose such police officer may arrest such probationer without warrant or other process. RPBO19220 -4- B. As used in this section, "probationer" means any person who after conviction of a violation of this ordinance, Chapter 1.2.63 of the King County Code or Chapter 9A.88, RCW, has been placed on probation in connection with the suspension or deferral of sentence by either a District or Municipal Court of this county or the King County superior Court. section 5. savinas - - Application. This ordinance shall not have the effect of terminating or in any way modifying any liability, civil or criminal, which is already in existence on the effective date of this ordinance and shall apply only to violations committed on or after the effective date of this ordinance. section 6. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This ordinance shall be in full force and effect five (5) days after passage and publication of an approved summary consisting of the title to this ordinance. PASSED by the city council of the city of Federal Way this ~ day of April , 1.990. CITY OF FEDERAL WAY llokÆL Crq,# MAYOR, DEBRA ERTEL RPBO19220 -5- ATTEST/AUTHENTICATED: /Î!; ilH hi ./ a. ~ AU!L CITY CLERK, DELO S A. MEAD APPROVED AS TO FORM: OFFIC OF THE CITY ATTORNEY: BY ""ò tlJJV-~ i FIL D WITH THE CITY CLERK: Apr:i.l 13, 1990 PASSED BY THE CITY COUNCIL: Apr:i.l 17, 1990 PUBLISHED: April 20, B90 EFFECTIVE DATE: Apr:i.l 25, 1990 ORDINANCE NO. (jO-<;1 RPBO19220 -6-