HomeMy WebLinkAboutOrd 1533 - Prostitution Loitering J MA
1909
CITY OF TUKWILA
WASHINGTON
J ORDINANCE NO. 1 -5-2 -3
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ADDING A
NEW SECTION 8.50.040, CREATING THE CRIME OF PROSTITUTION
LOITERING AND INCLUDING CIRCUMSTANCES WHICH MAY BE
CONSIDERED IN DETERMINING INTENT TO COMMIT THE CRIME OF
PROSTITUTION LOITERING, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, provision should be made in the Tukwila Municipal Code for an
ordinance governing the crime of prostitution loitering, and
WHEREAS, the Tukwila City Council desires to adopt an ordinance governing
the crime of prostitution loitering, and
WHEREAS, an ordinance governing the crime of prostitution loitering is in
the interest of the public health, safety and welfare,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. Section 8.50.040 Established. A new section 8.50.040 is
hereby added to the Tukwila Municipal Code to read as follows:
8.50.040 Prostitution Loiterinq.
A. As used in this section:
1. "Commit prostitution" means to engage in sexual conduct for
money but does not include sexual conduct engaged in as part of any stage
performance, play or other entertainment open to the public.
2. "Known prostitute or procurer" means a person who within one
year previous to the date of arrest for violation of this section has within
the knowledge of the arresting officer been convicted in any court of an
offense involving prostitution.
3. "Public place" is an area generally visible to public view and
includes without limitation streets, sidewalks, bridges, alleys, plazas,
parks, driveways, parking lots, automobiles (whether moving or not), and
buildings open to the general public, including those which serve food or
drink, or provide entertainment, and the doorways and entrances to buildings
or dwellings and the grounds enclosing them.
4. "Sexual conduct" means:
a. Sexual intercourse within its ordinary meaning, occurring
upon any penetration, however slight; or
b. 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; or
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0 10ar4
c. Any act or 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; or
another.
d. Masturbation, manual or instrumental, of one person by
B. A person is guilty of prostitution loitering if he or she is in or
remains in a public place and intentionally solicits, induces, entices, or
procures another to commit prostitution. Prostitution loitering is a
misdemeanor.
C. The following non exclusive circumstances may be considered in
determining whether the actor intends to commit the crime of prostitution
loitering:
The actor:
1. Repeatedly beckons to, stops or attempts to stop, or engages
passers -by in conversation; or
2. Repeatedly stops or attempts to stop motor vehicle operators by
hailing, waiving of arms or any other bodily gesture; or
3. Circles or repeatedly returns to an area in a motor vehicle and
repeatedly beckons to, contacts, or attempts to stop pedestrians; or
4. Is a known prostitute or procurer; or
5. Inquires whether a potential patron or other person 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.
Section 2. Severabilitv. 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 3. Effective Date. This ordinance shall be in force and
effect five days after publication of the attached Summary which is
hereby approved.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
this .2/1Y day of 1989.
ATTEST /AUTHENTICATED:
`CITY LERK, FINE ANDERSON
APPRO AS TO FORM:
OFFIC T i CITY TO
By
FIL WITH THE CITY CLERK: 8-'t b'�
PASSED BY THE CITY COUNCIL: Q -a/ B 9
PUBLISHED: .ZS
EFFECTIVE DATE: 8 3 8 9
ORDINANCE N0.: /S3
0108T4
Page 2
MAtak,"GARY VAN DUSEN
1
On aaZ 1989, the City Council of the City of Tukwila passed
Ordinance I6. 41,r0.3 which provides as follows: establishes section
8.50.040 of the Tukwila Municipal Code to establish the crime of prostitution
loitering, a misdemeanor; contains a severability provision; and establishes
an effective date.
The full text of this ordinance will be mailed without charge to anyone
who submits a written request to the City Clerk of the City of Tukwila for a
copy of the text.
APPROVED by the City Council at its meeting of acittc..2 1989.
PUBLISHED: VALLEY DAILY NEWS Auis�t 25, 1989
SENT BY FAX
TRANSMITTAL: August 25, 1989
FAX NUMBER: 854 -1006
FROM: CITY OF TUKWILA
MAXINE ANDERSON, City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
433 -1800
0108T2/4
SUMMARY OF ORDINANCE NO. /533
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ADDING A
NEW SECTION 8.50.040, CREATING THE CRIME OF PROSTITUTION
LOITERING AND INCLUDING CIRCUMSTANCES WHICH MAY BE
CONSIDERED IN DETERMINING INTENT TO COMMIT THE CRIME OF
PROSTITUTION LOITERING, AND PROVIDING FOR AN EFFECTIVE DATE.
INE' ANDERSON, C c,�
ITY CLERK