Chapter 9.24
PROSTITUTION
Sections:
9.24.020 PROSTITUTION PROHIBITED.
9.24.040 PATRONIZING A PROSTITUTE PROHIBITED.
9.24.050 PERMITTING PROSTITUTION PROHIBITED.
9.24.060 SOLICITING OR LOITERING FOR PROSTITUTION PROHIBITED.
9.24.080 STAY OUT OF AREAS OF PROSTITUTION ORDERS.
9.24.090 VIOLATION OF CONDITION OF RELEASE OR PROBATION.
9.24.010 DEFINITIONS.
As used in this chapter:
(a) "Known prostitute or promoter of prostitution" means a person who, within one (1) 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 BMC 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. (Ord. 5225 §1 (part), 2013: Ord. 3737 §2, 1992; Ord. 3294 §1, 1976)
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). (Ord. 5225 §1 (part), 2013: Ord. 4696, Amended, 03/07/2000; Ord. 4470 §1, 1994; Ord. 3737 §1, 1982; Ord. 3294 §1, 1976)
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
(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. (Ord. 5225 §1 (part), 2013: Ord. 4696, Amended, 03/07/2000; Ord. 3294 §3, 1976)
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. (Ord. 5225 §1 (part), 2013: Ord. 3294 §4, 1976)
9.24.060 SOLICITING OR LOITERING FOR PROSTITUTION PROHIBITED.
(a) Solicitation. It is unlawful for any 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 any public 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 determining whether solicitation or loitering is intended are if the actor:
(1) Repeatedly beckons to, stops, or attempts to stop, or engages passers-by in conversation;
(2) Repeatedly 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:
(i) Exposing or offering to expose one’s breast or breasts, buttocks, sexual organs or private body parts;
(ii) Requesting, asking or encouraging another to touch or fondle one’s breast or breasts, buttocks, sexual organs or private body parts;
(iii) Touching or requesting to touch the breast, breasts, buttocks, sexual organs or private body parts of another;
(iv) Requesting, asking or encouraging another to expose or show the other’s breasts, buttocks, sexual organs or private body parts;
(v) Inquiring whether a potential patron, procurer or prostitute is a police officer; or
(vi) Searching for articles that would identify a police officer. (Ord. 5225 §1 (part), 2013: Ord. 3294 §5, 1976)
9.24.070 DEFENSE.
It shall not be a defense to any violation of this chapter that the parties or prospective parties to an act of prostitution or contemplated act of prostitution are of the same sex. Further, it shall not be a defense to any 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. (Ord. 5225 §1 (part), 2013: Ord. 3294 §6, 1976)
9.24.080 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-trial release.
(1) Any individual arrested or charged with any offense defined in this 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-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 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 (1) week continuance of said hearing for good-cause shown.
(4) If the individual fails to show cause why the SOAP order should not 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 (1) 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 (1) 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 (1) 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 (1) 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. (Ord. 5225 §1 (part), 2013: Ord. 4696, Amended, 03/07/2000; Ord. 4604, Added, 11/27/1997. Formerly 9.24.072)
9.24.090 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 jail 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. (Ord. 5225 §1 (part), 2013: Ord. 4604, Added, 11/27/1997. Formerly 9.24.074)
9.24.100 VIOLATIONS.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor as defined in BMC 1.12.020(2). (Ord. 5225 §1 (part), 2013: Ord. 4470 §3, 1994; Ord. 3294 §8, 1976. Formerly 9.24.080)