HomeMy WebLinkAbout5225 ORDINANCE NO. 5225
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 9 24 of the Bremerton
Municipal Code entitled "Prostitution" creating a new section
relating to loitering and making related amendments
WHEREAS, the City Council desires to amend Chapter 9 24 of the Bremerton
Municipal Code entitled "Prostitution" relating to loitering and make related amendments, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION L Chapter 9 24 of the Bremerton Municipal Code entitled
"Prostitution " is hereby amended to read as follows
Chapter 9.24
PROSTITUTION
9.24.010 DEFINITIONS.
As used in this chapter
(a) "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
(b) "Prostitution" means to engage in conduct proscribed in Section 9 24 020
(c) "Public place" is an area generally visible 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 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
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 01 0(l) or sexual contact as defined in RCW 9A 44 010(2)
9.24.040 PATRONIZING A PROSTITUTE PROHIBITED.
It is unlawful for any person to patronize a prostitute A 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
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Chapter 9.24 Loitering & Solicitation
(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 therefor, 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
9.24.050 PERMITTING PROSTITUTION PROHIBITED.
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.
9.24.060 SOLICITING OR LOITERING FOR PROSTITUTION
PROHIBITED#.
(a) if the acAer- repeatedly beekens to, steps, er- a#empts to step, or- engages passes-by
to eanivefsation, or-
(b) Repeatedly steps or- attempts to stop motor- vehieles, of
(a) Solicitation It is unlawful for M person to intentionally solicit, induce, entice or
procure another to commit an act of prostitution
(b) Loitering It shall be unlawful for any person to loiter in or near anYpublic place
in any manner and under circumstances manifesting the purpose of committing, or inducing,
enticing, soliciting or procuring another to permit an act of prostitution
(c) Among the circumstances which may be considered in deternuning whether
solicitation or loitering is intended are if the actor
(1) Repeatedly beckons to, stops, or attempts to stop, or engages passes -by in
conversation,
(2) featedly stops or attempts to stop motor vehicles,
(3) Is a known prostitute or promoter of prostitution, and/or
(4) Attempts to detect or identify a police officer, peace officer, or other law
enforcement officer, during an investigation into prohibited conduct in this Chapter, by any of
the following means
(1) exposing or offering �pose one's breast or breasts, buttocks,
sexual organs or private bodYparts,
(ii) requestin , asking or encouraging another to touch or fondle one's
breast or breasts, buttocks, sexual organs or private body parts,
(iii) touching � questing to touch the breast, breasts, buttocks, sexual
organs or private body parts of another,
(iv requesting or encouraging another to expose or show the
other's breasts, buttocks, sexual organs or pnvate body parts,
(v) inquiring whether a potential patron, procurer or prostitute is a
police officer, or
NO searching for articles that would i dentify a police officer
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Chapter 9.24 Loitering & Solicitation
9.24.070 DEFENSE.
It shall not be a defense to any +a- violation of this chapter that the sex-44ha- or
prospective parties to an act of prostitution or contemplated act of prostitution }s - are of the same
sex Further, it shall not be a defense to any aet- m violation of 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
9.24.97080 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 pre -teal release
(1) Any individual arrested or charged with any offense defined in tlus
chapter, shall appear for a hearing before the Bremerton Municipal Court to show cause why a
SOAP order should not be issued as a condition of pre -teal 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 following
(1) The date and time of hearing,
(n) 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
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Chapter 9.24 Loitering & Solicitation
9.24.074- VIOLATION OF CONDITION OF RELEASE OR PROBATION.
The presence of any person within an anti - prostitution emphasis area in violation of
court- imposed conditions of release or conditions of suspension diversion or deferral of any
sentence shall constitute a separate crime hereby designated a gross misdemeanor and any such
person may be apprehended and arrested without the necessity for any warrant or additional
court order Upon conviction, any person so violating the conditions of release or conditions of
suspension or deferral shall be punished by imprisonment in fail for a maximum term fixed by
the court of not more than one (1) year, or by a fine in an amount fixed by the court of not more
than Five Thousand Dollars ($5,000.00), or by both such imprisonment and fine
9.24.080 -100 VIOLATIONS OF SECTIONS n 24 020 'T 9 . 24 . 070 —
AY-. — Any person violating any of the provisions of this
chapter shall be guilty of a misdemeanor as defined in BMC 1 12 020(2)
SECTION Z Severabihot If anyone or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law
PASSED by the City Council the -LA day of 0 8 &bgr 1 2013
' b' L il'a—
GREG JELER, Council President
Approved this l7 I day of 0 G7'0t 2013
PATTY LE ay
ATTEST APPROVE AS TO FORM
SHANNON CORIN, Crty rk RO ER A LUBOVICH ey
PUBLISHED the �� Y da of 2013
EFFECTIVE th qa of , 2013
ORDINANCE NO
R \ Legal \Legal \Ordlnances\Pollce\BMC 9 24 Loitenng & Solicitation -Final docx
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Chapter 9.24 Loitering & Solicitation
AFFIDAVIT OF PUBLICATION
Account #42742 AD#20137157
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Christine Kendrick, being first duly sworn on oath, deposes and says That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in K tsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper, that the following is a true text of an advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit
And on Oct 21, 2013 such newspaper was regularly distributed to its subscribers during all of said period
- - - full amount of the fee charged for the foregoing publication is the sum of $35 60 This amount has not - - - been paid in full
(Signature of Principal Clerk)
Subscribed and sworn to before me this day of October 30, 2013
CASSANDRA A CAPAS
Notary Public
State of Washington
My Commission Expires
February 04, 2014
car e i gton, Kitsap County
ORDINANCE NO 5225
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9 24 of
the Bremerton Municipal Code entitled "Prostitution" creating a new section relating to loitering and
making related amendments
PASSED by the City Council on the 16th day of October, 2013
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337
October 21, 2013
Ad# 20137157