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.
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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
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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
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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.
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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
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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
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