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HomeMy WebLinkAbout4696 ORDINANCE NO. 4696 AN ORDINANCE amending BMC 9.24 and adding provisions for the imposition of a ~Stay Out of Areas of Prostitution" order as a condition of pro-trial release. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment. Section 9.24.020 is amended to read as follows: 9.24.020 PROSTITUTION PROHIBITED. (a) It is unlawful for any person to engage in, or agree to engage in, or offer to engage in, sexual conduct with another person in return for any form of compensation. (b) For purposes of this chapter "sexual conduct" means sexual intercourse as defined in RCW 9A.44.010(1) or sexual contact as defined in RCW 9A.44.010(2). Section 2. Amendment. Section 9.24.040 is amended to read as follows: 9.24.040 PATRONIZING A PROSTITUTE PROHIBITED. It is unlawful for any person to patronize a prostitute. ^ person is guilty of patronizing a prostitute if: (a) Pursuant to a prior understanding or agreement he or she pays any form of compensation to another person in exchange for such person or for a third person, to engage in sexual conduct with him or her; or (b) He or she pays or agrees to pay any form of compensation to another person pursuant to an understanding or agreement 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 for any form of compensation. Section 3. Amendment. Section 9.24.072 is amended to road as follows: 9.24.072 STAY OUT OF AREAS OF PROSTITUTION ORDERS. (a) Stay Out of Areas of Prostitution orders, hereinafter designated as SOAP orders, may be issued by the Bremerton Municipal Court to anyone charged with any offense defined in this chapter as a condition of pro-trial release. (1) Any individual arrested or charged with any offense defined in this chapter, shall appear for a headng before the Bremerton Municipal Court to show cause why a SOAP order should not be issued as a condition of pre-trial release. (2) At the time the individual is arrested or charged with any offense under this chapter, the individual shall be issued a RELEASE FROM CUSTODY AFTER ARREST form, to be signed by the individual, acknowledging the SOAP.ORD- 1/26/00- 1 following: (i) The date and time of hearing; (ii) The designated areas of the City the individual will be ordered to stay out of by the SOAP order; (iii) The penalties for violating a SOAP order; (iv) That if the individual fails to appear at the hearing or fails to show good cause why the order shouldn't be entered, the SOAP order will be entered. (3)Any individual charged with an offense under this chapter shall have the right to a single one-week continuance of said hearing for good-cause shown. (4)If the individual fails to show cause why the SOAP order shouldn't be entered, the SOAP order shall be entered pending trial. (5)If the individual fails to appear at said hearing, the SOAP order shall be entered pending trial. (b) SOAP orders may be issued by the Bremerton Municipal Court to anyone convicted of any offense defined in this chapter. (c) SOAP orders may order the person named in the order to stay out of the following described areas of the City designated to be anti-prostitution emphasis areas in order to assure elimination of all prostitution and prostitution- related activity within these areas: (1) The entire area extending from the 100 block to the 900 block of North Callow Avenue, and one block east and west of this area of North Callow Avenue; and (2) The entire area extending from the 100 block to the 2500 block of 6th Street, and one block north and south of this area of 6th Street; and (3) The entire area extending from the 600 block to the 1100 block of Park Avenue, and one block east and west of this area of Park Avenue including Evergreen Park; and (4) The entire area extending from the 300 block to the 1100 block of Warren Avenue, and one block east and west of this area of Warren Avenue. (5) Any other area found by the Judge of the Municipal Court to warrant designation as an anti-prostitution emphasis area when specifically set forth and identified in a court order naming a particular defendant. Section 4. Effective Date. This ordinance shall take effect ten (10) days from passage and publication. APPROVED by the City Council on this first reading this 8th day of February, 2000. PASSED by the City Council of the City of Bremerton this 16th day of February, 2000. // // SOAP.ORD - 1/26/00 - 2 CAROL ARENDS Council President APPROVED this ~ ct day of '~~ ,2000· · HORTON Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk EFFECTh/E DATE ~ PUBLICATION DATE ORDINANCE NUMBER SOAP.ORD - 1/26/00 - 3