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
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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:
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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
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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
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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
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