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Ord 01-395 ORDINANCE NO. 01-395 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ADDING A NEW SECTION TO AND AMENDING THE CRIMINAL CODE OF THE CITY OF FEDERAL WAY (Amending Ordinance Nos. 90- 53.91-89,91-94,00-374). WHEREAS, the Washington State Legislature provided in state law a duty to report to the authorities certain actions involving minors; and WHEREAS, the elements of the crinle of prostitution as stated in the Revised Code of Washington have changed; and WHEREAS, in light of the foregoing the City Council of Federal Way fmd that it is in the best interest of the public to update the Crinlinal Code contained in the Federal Way City Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section I. A new section is added to Article VIII, Crimes Against Persons, of the Federal Way City Code as follows: Reports - Dutv and authority to make. The following state statutes. including all future amendments. additions or deletions, are adooted by reference: (1) RCW 26.44.030. Duty and authority to make - Duty of receiving agency- Duty to notify - Case olanning and consultation - Penalty for unauthorized exchange of information - Filing dependency petitions - Interviews of ORD # 01-395 , PAGE I t~[PY children - Records - Risk assessment orocess - Reoorts to legislature. (2) RCW 26.44.040. Reports - Oral. written - Contents. (3) RCW 26.44.080. Violation - Penalty. Section 2. Article X, Section 6-239 is amended as follows: 6-239 Prostitution - Unlawful acts - Penalty. (a) It is unlawful for anyone to: (1) Intentionally engage in or offer or agree to engage in an act of prostitution; (2) Intentionally secure or offer to secure another person for the purpose of engaging in an act of prostitution; (3) Intentionally transport a person into or within the city with the purpose of promoting that person's engaging in an act of prostitution, or procuring or paying for transportation with that purpose; (4) Intentionally receive, offer or agree to receive a person into any place or building for the purpose of performing an act of prostitution, or to knowingly permit a person to remain there for any such purpose; (5) Intentionally direct a person to any place for the purpose of engaging in an act of prostitution; (6) Intentionally in any way aid, abet or participate in an act of prostitution; (7) Remain in or near any street, sidewalk, alleyway or other place open to the public with the intent of engaging in, inducing, enticing, soliciting or procuring a person to commit an act of prostitution. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are: ORD # 01-395 , PAGE 2 a. That the aet6r is a kftw" ft pf6stitlite 6r ('J!Iflderer; e!!. 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; eb. The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians; th;. 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; (8) Intentionally enter or remain in any area of prostitution in violation of a condition of sentence; (9) Intentionally permitting prostitution if, having possession or control of premises which he knows are being used for prostitution purposes, he fails without lawful excuse to make reasonable effort to halt or abate such use. (b) Prostitution or permitting prostitution is a misdemeanor. Section 3. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the ORD # 01-395 , PAGE 3 effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. Tnn~ PASSED by the City Council of the City of Federal Way this ,20~. lQ,h day of CITY OF FEDERAL WAY ~¿.< ATTEST: APPROVED AS TO FORM: ~c.~ CITY ATTORNEY, BOB C. STERBANK FILED WITH THE CITY CLERK: 05129/01 PASSED BY THE CITY COUNCIL: 06/19/01 PUBLISHED: 06/23/01 EFFECTIVE DATE: 06/28/01 ORDINANCE NO. 01-395 ORD # 01-395 , PAGE 4