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Home My WebLink About3486 Ordinance � a ORDINANCE NO. 3486 AN ORDINANCE repealing Chapter 9.12 and creating Chapter 9.13 of the Pasco Municipal Code. WHEREAS, certain language in Title 9 of the Pasco Municipal Code is in need of modification, correction or defining to have consistent meaning and continuity within the Code and with the Revised Code of Washington and to make the Code easier to use and understand; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES ORDAIN AS FOLLOWS: § 1. Chapter 9.12 entitled "Prostitution" shall be and hereby is repealed in its entirety. § 2. Chapter 9.13 of the Pasco Municipal Code is created to read as follows: CHAPTER 9.13 PROSTITUTION AND RELATED ACTIVITIES Sections: 9.13.010 Prostitution. 9.13.020 Prostitution—sex of parties immaterial—no defense. 9.13.030 Permitting prostitution. 9.13.040 Patronizing a prostitute. 9.13.050 Prostitution loitering. 9.13.060 Pretrial---area restriction order. 9.13.070 Conviction—area restriction order. 9.13.080 Law enforcement exclusion. 9.13.090 Map—area restriction zone. 9.13.010 PROSTITUTION. (1) A person is guilty of prostitution if such person engages, or agrees, or offers to engage, in sexual conduct with another person in return for a fee. (2) For purposes of this section, "sexual conduct" means "sexual intercourse" as defined in RCW 9A.44.010(1), or "sexual contact" as defined in RCW 9A.44.100(2). (3) Prostitution is a misdemeanor. 9.13.020 PROSTITUTION—SEX OF PARTIES IMMATERIAL—NO DEFENSE. In any prosecution for prostitution, the sex of the two parties -1- or prospective parties to the sexual conduct engaged in, contemplated, or solicited, is immaterial, and it is no defense that: (1) Such persons were of the same sex; or (2) The person who received, agreed to receive, or solicited a fee was a male and the person who paid, or agreed, or offered to pay such fee was female. 9.13.030 PERMITTING PROSTITUTION. (1) A person is guilty of permitting prostitution if, having possession or control of premises which he or she knows are being used for prostitution purposes, he or she fails without lawful excuse to make reasonable effort to halt or abate such use. (2) Permitting prostitution is a misdemeanor. 9.13.040 PATRONIZING A PROSTITUTE. (1) A person is guilty of patronizing a prostitute if: (a) Pursuant to a prior understanding, he or she pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him or her; or (b) He or she pays or agrees to pay a fee to another person pursuant to an understanding that in return therefore such person will engage in sexual conduct with him or her; or (c) He or she solicits or requests another person to engage in sexual conduct with him or her in return for a fee. (2) For purposes of this section, "sexual conduct" has the meaning given in RCW 9A.88.030. (3) Patronizing a prostitute is a misdemeanor. 9.13.050 PROSTITUTION LOITERING. (1) It is a violation of this code for any person to remain in any public place and intentionally solicit, entice, induce or procure another person to commit an act of prostitution as provided in this chapter. (2) "Public place" shall include any area generally visible to public view including 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. (3) Among the circumstances which may be considered in determining whether the actor intends the conduct prohibited by this section shall include: (a) Attempting to stop or attract the attention of passersby, including the occupants of vehicles, by repeated beckoning to or other gestures or expressive conduct; (b) Being located in an area or place where it is commonly known that the conduct prohibited by this chapter occurs; -2- (c) Being a Down prostitute, panderer, or solicitor, of prostitutes; (d) The believability of any explanation offered by the person at the time of the incident regarding their presence and conduct. (4) A known prostitute, panderer or solicitor of prostitutes shall include any person who has been convicted of violating this chapter or any like or similar law or any law dealing with prostitution or lewd or immoral conduct in any other jurisdiction. (5) Prostitution loitering is a misdemeanor. 9.13.060 ARRAIGNMENT—AREA RESTRICTION ORDER. (1) A defendant who is charged by citation, complaint, or information with an offense in this chapter and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information. At that appearance, the court shall determine the necessity of imposing an area restriction order and other conditions of pretrial release according to the procedures established by court rule for preliminary appearance or an arraignment. (2) An intentional violation of a court order issued under this section is a misdemeanor. The written order releasing the defendant shall contain the court's directives and shall bear the legend: Violation of this order is a misdemeanor under chapter 9.13 PMC. 9.13.070 CONVICTION----AREA RESTRICTION ORDER. (1) At the sentencing hearing for a person convicted of any offense in this chapter, the court may impose an area restriction order in addition to any other conditions set for probation. (2) An intentional violation of a court order issued under this section is a misdemeanor. 9.13.080 LAW ENFORCEMENT EXCLUSION. A person acting as an agent for the police engaged in efforts to enforce this chapter is not guilty of violating this chapter provided his or her conduct has been authorized. 9.13.090 MAP AREA RESTRICTION ZONE. In a prosecution under this section, a map produced or reproduced, by the City Engineer for the purpose of depicting the location and the boundaries of the area restriction zone shall, upon proper authentication be admissible and shall constitute prima facie evidence of the location and boundaries of restriction zones. This map shall be updated by the City Engineer from time to time if subsequent areas come into existence or are terminated. A true copy of the map shall be filed with the City Clerk and maintained as an official record of the City. This section shall not preclude the -3- prosecution from introducing or relying upon other evidence or testimony to establish any element of the offense. This section shall not be construed to preclude the use of admissibility of any map or diagram other than the approved map if the map or diagram is otherwise admissible under court rule. § 3. If any section, subsection, paragraph, sentence, clause, phrase, or word of this ordinance is declared unconstitutional or invalid for any reason, it shall be severed, and such decision shall not affect the validity of the remaining parts of this ordinance. § 4. The chapter repealed by this ordinance shall remain in full force and effect until the effective date of this ordinance. § 5. This Ordinance shall take effect five (5) days after passage and publication. PASSED by the City Council of the City of Pasco this 20' Day of August, 2001. Michael L. G son, Mayor ATTEST: APPR S TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney -4-