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HomeMy WebLinkAbout3294 AN ORDINANCE establishing provisions for curtailment of prostitution and related activites and repealing Ordi- nance 325, Sections 11, 19, 13, 14, 15, and Ordinance 1979, Section 1. THE CITY OF BREMERTON DOES ORDAIN: Section 1. PROSTITUTION. It is unlawful for any person to engage in, or agree to engage in, sexual conduct with another person in return for payment of a fee. Section 2. PROMOTING PROSTITUTION. It shall be unlawful for any person to promote prostitution. A person is guilty of promoting prostitution if he or she: (1) Acting other than as a prostitute or as a customer thereof, he or she knowingly: (a) causes or aids a person to commit or engage in prostitution; or (b) procures or solicits customers for prostitution; or (c) provides persons or premises for prostitution; or (d) operates or assists in the operation of a house of prostitution or a prostitution ~nterprise; or (e) engages in any other conduct designed to institute, aid, or facilitate an act or enterprise of prostitution~ or ~:% (2) Acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she accepts or receives money or other compensation pursuant to an agreement or understanding with a person whereby he partici- pates or is to participate in the proceeds of prostitution activity. Section 3. PATRONIZING A PROSTITUTE. It is unlawful for any person to patronize a prostitute. A person is guilty of patronizing a prostitute if: (1) Pursuant to a prior understanding or agreement he or she pays a fee to another person as compensation for such person, or as compensation for a third person, to engage in sexual conduct with him or her; or (2) He or she pays or agrees to pay a fee 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 (3) He or she solicits or requests another person to engage in sexual conduct with him or her for a fee. Section 4. PERMITTING PROSTITUTION. It is unlawful for any person to permit prostitution in or on premises which are in his or her possession and/or control. A person is guilty of permitting prostitution if, having possession or control of premises which he or she knows, or should know, are being used for prostitution purposes, he or she fails to make a reasonable effort to halt or abate such use. Section 5. PROSTITUTION LOITERING. It is unlawful for any person to remain in a public place and intentionally solicit, induce, entice or procure another to commit an act of prostitution. Among the circumstances which may be considered in determining if such prohibited conduct is intended are: (1) If the actor repeatedly beckons to, stops, or attempts to stop, or engages passers-by in conversation~ or (2) Repeatedly stops or attempts to stop, motor vehicles; or (3) Is a known prostitute or promoter of prostitution. Section 6. DEFENSE. It shall not be a defense to any act in this chapter that the sex of the parties or prospective parties to an act of prostitution or comtemplated act of prosti- tution is the same. Further, it shall not be a defense to any act in this chapter that the person who received, agreed to receive or solicited a fee was male, and the person who paid or agreed to pay such fee was female. Section 7. DEFINITIONS: As used in this chapter: (1) "Public place" is an area generally visable to public view, including, but not. limited to, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles, buildings open to the public including those which serve food and/or drink, doorways and entrances to buildings or dwellings and the grounds enclosing them, and buildings not open to the general public, but which are open to a certain class or group of the general public through the use of club membership or affiliations with a club or organization, including but not limited to the United States Armed Forces. (2) "Known prostitute or promoter of prostitution means a person who within one year previous to the date of arrest for violation of this chapter, has within the knowledge of the arresting officer, been convicted in any court of an offense involving prostitution. (3) "Commit prostitution" means to engage in any type of sexual conduct in return for payments of money or other com- pensation. Section 8. PENALTY. Any person violating any of the provisions of Section 1 thru Sec. 6 of this Ordinance shallbeguilty of a misdemeanor, and shall be subject to a fine not exceeding three hundred dollars, or imprisonment in the city jail for a period not to exceed ninety days, or both. Section 9. SEVERABILITY. If any provision of this amendatory ordinance, or its application to any person or circum- stance is held invalid the remainder of the act, or the application of the provision to other persons or circumstances is not affected. APPROVED by the City Council on the first reading this ~7~%ay of May, 1976. PASSED by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in - 3 - authentication of such passage this /~7~'~ay of May, 1976. ATTEST: G. C. ~DON, Sr., "City'Clerk - 4 -