Chapter 9.50
PROSTITUTION*
Sections:
9.50.020 Known prostitute or panderer defined.
9.50.030 Prostitution defined – Sexual conduct defined.
*Code reviser’s note: For additional provisions, see KMC 9.05.490.
9.50.010 Unlawful acts.
It is unlawful for anyone to:
A. Commit or offer or agree to commit an act of prostitution; or
B. Secure or offer to secure another for the purpose of committing an act of prostitution; or
C. Knowingly transport a person into or within the City with purpose to promote that person’s engaging in prostitution, or procuring or paying for transportation with that purpose; or
D. 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. Direct another to any place for the purpose of committing an act of prostitution; or
F. Knowingly in any way aid, abet or participate in an act of prostitution; or
G. Remain in or near any street, sidewalk, alleyway or other place 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. 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, waving of arms or any other bodily gesture; or
3. The actor circles an 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. [Ord. 01-0101 § 54(1) (KCC 12.63.010).]
9.50.020 Known prostitute or panderer defined.
For the purpose of this chapter, a “known prostitute or panderer” is a person who, within one year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted of violating any ordinance or law of any jurisdiction within the State of Washington defining and punishing acts of soliciting, committing, or offering or agreeing to commit prostitution. [Ord. 01-0101 § 54(1) (KCC 12.63.020).]
9.50.030 Prostitution defined – Sexual conduct defined.
For the purpose of this chapter, the terms “prostitution” and “sexual conduct” shall have the same meanings as provided in RCW 9A.88.030 and 9A.44.010, which are adopted by reference. [Ord. 11-0320 § 1; Ord. 01-0101 § 54(1) (KCC 12.63.030).]
9.50.040 Public nuisance.
Any building, structure or place used for the purpose of prostitution as defined in KMC 9.50.030 or RCW 9A.88.030 is declared to be a public nuisance. [Ord. 01-0101 § 54(1) (KCC 12.63.070).]
9.50.050 Evidence.
A. Two or more criminal convictions of persons for acts of prostitution in a building, structure or place, within the one-year period preceding the commencement of an action under this chapter, shall give rise to a rebuttable presumption that the building, structure or place has been used for the purposes of prostitution and is a public nuisance. In any action under this chapter, evidence of the common fame and general reputation of the building or place, of the inmates or occupants thereof, or of those resorting thereto, shall be admissible as evidence to prove the existence of the public nuisance but must be supported by additional evidence. Evidence of the general reputation of the building or place, or of the inmates or occupants thereof that is sufficient to establish the existence of the public nuisance, shall be prima facie evidence of knowledge thereof and acquiescence and participation therein and responsibility for the nuisance by persons or legal entities having an interest in the property. Responsibility for the nuisance shall extend to the owners, lessors, lessees and all those in possession of or having charge of, as agent or otherwise, or having any interest in any form in the property, real or personal, used in conducting or maintaining the public nuisance.
B. Evidence of cooperation by owners, agents or managers of a building or place with police investigations or operations to control prostitution may be used to rebut the presumptions created in this section. [Ord. 01-0101 § 54(1) (KCC 12.63.080).]
9.50.060 Additional evidence.
Any conviction of any owner, manager, operator, agent or employee for promoting prostitution (as defined in RCW 9A.88.060) or permitting prostitution (as defined in RCW 9A.88.090), when such offense was related to any business or commercial enterprise, shall be prima facie evidence that the building, structure or place upon or in which business or commercial enterprise is or was conducted was used for prostitution. [Ord. 01-0101 § 54(1) (KCC 12.63.090).]