Ordinance 28260006.160.034
TAR/ klt
11/06/89
R:10/11/90 2826
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
REPEALING SECTIONS 5.38.080, .090 AND AMENDING
SECTION 5.38.060 TO BE ENACTED IN THEIR PLACE TO
EXPAND THE DEFINITION OF A VIOLATION OF THAT
CODE, AND ADD A DEFINITION OF HIGH RISK
PROSTITUTION AREA; CONTAINING A SEVERABILITY
CLAUSE AND SETTING AN EFFECTIVE DATE.
WHEREAS, the Edmonds City Council finds that the
definition of a prostitution violation should be expanded to
provide for more effective enforcement of the ordinance by
prohibiting persons from aiding or committing the offense or
offenses outlined in 5.38, and
WHEREAS, the Edmonds City Council finds that a
definition of high risk prostitution area should be established
to provide for more effective enforcement against the crimes of
prostitution typically and repeatedly committed in such areas,
and
WHEREAS, this ordinance is in the interests of the
public health, safety and welfare, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 5.38.080 and .090 are hereby
repealed.
Section 2. Section 5.38.060 of the Edmonds City Code
relating to prostitution is hereby amended to read as follows:
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5.38.060 PROSTITUTION
Unlawful acts. It is unlawful for anyone:
A. To commit or offer or agree to commit an
act of prostitution; or
B. To secure or offer to secure another for
the purpose of committing an act of
prostitution; or
C. To knowingly transport a person into or
within the city with the purpose to
promote that person's engaging in
prostitution, or procuring or paying for
transportation with that purpose; or
D. To knowingly receive, offer or agree to
receive another into any place or
building for the purpose of performing an
act of prostitution, or to knowingly
permit another to remain there for any
such purpose; or
E. To direct another to any place for the
purpose of committing an act of
prostitution; or
F. To permit prostitution - whereby any
person having possession or control of
premises which the person knows are being
used for prostitution purposes, fails
without lawful excuse to make reasonable
effort to halt or abate such use.
G. To knowingly in any way aid, abet or
participate in an act of prostitution; or
H. To patronize a prostitute whereby:
1. Pursuant to a prior understanding
the actor pays a fee to another
person as compensation for such
person or a third person having
engaged in sexual conduct with the
actor; or
2. The actor pays or agrees to pay a
fee to another person pursuant to an
understanding that in return
therefor such person will engage in
sexual conduct with the actor; or
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3. The actor solicits or requests
another person to engage in sexual
conduct with them in return for a
fee.
I. To remain in or near a high risk
prostitution area (zone) open to the
public with the intent of committing, or
inducing, enticing, soliciting or
procuring another to commit, an act of
prostitution. Among the circumstances
which may be considered in determining
whether the actor intends such prohibited
conduct are:
1. that the actor is a known prostitute
or panderer; or
2. the actor repeatedly beckons to,
stops or attempts to stop, or
engages passersby in conversation,
or repeatedly stops or attempts to
stop motor vehicle operators by
hailing, waiving of arms or any
other bodily gesture; or
3. the actor circles a (high risk)
prostitution area (zone) or any
area, in a motor vehicle and
repeatedly beckons to, contacts, or
attempts to stop pedestrians; or
4. the actor inquires whether a
potential patron, procurer or
prostitute 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. Actor defined. For the purposes of this
chapter, an "actor' is a person regardless of gender, who engages
in conduct in violation of this chapter.
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Section 3. Prostitution defined. For the purposes
of this Chapter, "prostitution" is defined as follows:
A. Any occurrence in which a person engages
or agrees or offers to engage in sexual
conduct with another person in return for
a fee.
B. For purposes of this section, "sexual
conduct" means "sexual intercourse" or
"sexual contact" as defined in Sections
5.38.010(F) and (G) of the Edmonds
Municipal Code.
Section 4.
(High Risk) Prostitution Area defined.
For the purpose of this chapter, a "high risk prostitution area"
is defined as follows:
A. The entire area which extends two blocks
east of and two blocks west of an
inclusive of State Route 99 throughout
the city limits of Edmonds. (This shall
extend from the southmost city limit line
to the northmost city line.)
B. Any area within the city limits of
Edmonds which is open to the public where
a person or persons violate section
5.38.040, 5.38.060, or 5.38.110.
Section 5. 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.
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Section 6. This ordinance shall take effect and be
in full force five (5) days after publication of the attached
summary which is hereby approved.
...•
MAYOR,e{•
ATTEST/AUTHENTICATED:
Je
ITY CLERK, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF TH CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: October 15 1990
PASSED BY THE CITY COUNCIL: Parch 19, 1941
PUBLISHED: March 24, 1991
EFFECTIVE DATE: (larch 29, 1991
ORDINANCE NO. 2826
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOIVISH, ss
SUMMARY OF
The undersigned, being first duly sworn on oath deposes and says
ORDINANCE NO. 2826
of the cily QQf
F=dnlends, Washfnglon
�On
that she is Principal Clerk of THE HERALD, a daily newspaper
P
the 191h day of March,
1991, the City Councif of the Clty
printed ll
Prand published in the City of Everett, County of Snohomish
of Edmonds, passed Ordinance
No. 2826. A summary of the
content of said ordinance,
gnewspaper and State of Washington; that said is a newspaper of
of the title, prOVkdCS
as Idlofiws:
AN ORDINANCE OF 1HE CITY
general circulation in said County and State; that said newspaper
df EAMNG SL4 WAStllnirrnN,
REPEALING 5l.CTION5 5.38.088
has been approved as a legal newspaper by order of the Superior
.0" AND AMENDING W—CT1OfJ
38.060 TO BE ENACTED IN
THEIR PLACE 70 C%PANp
Y Court of Snohomish Count and that the notice ........................................
THE DEFINITION OF A VIOLA -
OF THAT C.ObLOF' AND
A
ADD A DEFINITION HIGH
RISK PROSTITUTION AREA*
Summary
Summar of Ordinance No. 2826
y
CONTAINING A SI VERABiLIT11
......... ... ............................ ................. .....;............... ......... ............
CLAUSE AND SETTING AN
EFFECTIVE DATF.
The hull text all this Ordinance
will tw rnal led upon request.
DATED!ills 191h doY of
March, 1991.
..................... ................................ ........................ ..........:.............. ................. :.....................
JACOUELINE G. PARkETt
CIN Clerk
PuhliSKed: March 24, 1991.
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
March 24, 1991
and that said newspaper was regularly distributed to its subscribers
during all of said period.
ff
Principal Clerk
Subscribed and sworn to before me this ............2 5 t h
day of ........... ..... ...........March .......................... 19... 91
........... 4'�.............d, Cfd ....
No y ublie in and -for the State of Washington,
res i4 at Everett, Snohomish County,
B-2-1