Chapter 9A.09PUBLIC INDECENCY, PROSTITUTION, SEX CRIMES

Sections:

9A.09.010
Body Studios Prohibited.
9A.09.020
Body Studios Declared a Public Nuisance.
9A.09.030
Designation of Anti-Prostitution Emphasis Areas.
9A.09.040
Violation of Conditions of Release, Suspension or Deferral as Separate Crime.
9A.09.050
Places of Prostitution Activity Declared Public Nuisances.
9A.09.060
Evidence of Use for Prostitution Purposes.
9A.09.070
Conviction as Prima Facie Evidence.
9A.09.080
Loitering for Prostitution Purposes.
9A.09.010Body Studios Prohibited.

A. Definitions. As used in this Section, the following words and phrases shall have the following respective meanings ascribed to them:

1. “Body studio” means an premises upon which is furnished for a fee or charge or other consideration the opportunity to paint, massage, feel, handle or touch the unclothed body or unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity, and shall include any such premises which is advertised or represented in any manner whatsoever as a “body painting studio,” model studio,” sensitivity awareness studio” or any other expression or characterization which conveys the same or similar meaning and leads to the reasonable belief that there will be furnished on any such premises for a fee or charge or other consideration the opportunity to paint, massage, feel, handle or touch the unclothed body or an unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity.

“Body studio” as defined in this Section shall not include massage businesses defined and regulated by Chapter 18.108 RCW, reducing salons or any studio which functions as a part of and under the direct supervision of an institution, the curriculum for which institution is approved by the Office of the State Superintendent of Public Instruction of the State of Washington. “Body studios” shall also not include instances where individuals pay a fee to have decorations painted on their faces, hands or arms, in connection with church, civic or community celebrations and events.

2. “Model studio” means any premises where the primary purpose of the business is the furnishing of persons as models for a fee or charge or other consideration for the purpose of sketched, painted, drawn, sculptured, photographed or otherwise depicted in such a manner or under circumstances which constitute lewd conduct consistent with the definition and description of lewd matter and lewdness provided in Chapter 7.48 RCW dealing with moral nuisances.

“Model studio” as defined in this Section shall not include any studio which functions as a part of and under the direct supervision of any institution, the curriculum for which institution if approved by the Office of the State Superintendent of Public Instruction of the State of Washington, or which functions to provide models who are sketched, painted, drawn, sculptured, photographed or otherwise depicted for the purpose of commercial sale or advertising.

B. Unlawful conduct.

1. It is unlawful for any person, firm or corporation to operate, conduct or maintain a body studio or model studio as defined in subsection A. of this Section.

2. It is unlawful for any person, on the premises of a body studio or model studio to paint, massage, feel, handle or touch the unclothed body or an unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity or to engage in any such activity for the purpose of being observed, viewed or photographed.

C. Separate offenses.

1. Each day of operating, conducting or maintaining a body studio or a model studio in violation of subsection B. (1) of this Section shall constitute a separate offense.

2. Each incident of unlawful conduct prohibited by subsection B. (2) of this Section shall constitute a separate offense. (Ord. 526 § 2 (part), 2010.)

9A.09.020Body Studios Declared a Public Nuisance.

Any use of property within the City of Lakewood as a body studio or model studio as defined in Section 9.82.020 is a public nuisance, subject to prevention or abatement by injunction or other appropriate legal remedy in the Superior Court of the State of Washington in and for the County of Pierce. (Ord. 526 § 2 (part), 2010.)

9A.09.030Designation of Anti-Prostitution Emphasis Areas.

Certain areas of the City shall be designated as and identified to be anti-prostitution emphasis areas based on the repeat incidents of prostitution activities occurring therein, and enhanced penalties shall be applied in event of conviction of unlawful acts of prostitution, prostitution loitering, permitting prostitution or pandering, or patronizing a prostitute, within the said areas. The areas to be so designated shall be identified by the City Council in a Resolution passed after consultation with the City Manager, City Attorney and the chief law enforcement officer of the City, and the list identifying such areas shall be kept on file in the office of the City Clerk. Additional areas may also be identified by the Judge of the Municipal or District Court hearing prostitution cases arising from within the City. If a defendant is convicted of prostitution or a prostitution related case occurring from within an area designated as an anti-prostitution emphasis area, a condition or term of sentence, deferral, or suspension, shall be that such defendant shall stay out of all areas of the City designated as an anti-prostitution emphasis areas, unless there are significant and substantial extenuating circumstances in the defendant's particular case justifying avoidance of the requirement for such condition or term of sentence, deferral, or suspension. In such case, the significant and substantial extenuating circumstances shall be identified and recited in the record of the case. (Ord. 526 § 2 (part), 2010.)

9A.09.040Violation of Conditions of Release, Suspension or Deferral as Separate Crime.

The presence of any person within an anti-prostitution emphasis area in violation of court-imposed conditions of release or conditions of suspension 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. 526 § 2 (part), 2010.)

9A.09.050Places of Prostitution Activity Declared Public Nuisances.

Any building, structure or place within the City used for the purpose of prostitution or pandering as defined in this Chapter is hereby declared to be a public nuisance. (Ord. 526 § 2 (part), 2010.)

9A.09.060Evidence of Use for Prostitution Purposes.

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 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 Chapter. (Ord. 526 § 2 (part), 2010.)

9A.09.070Conviction as Prima Facie Evidence.

Any conviction of any owner, manager, operator, agent or employee for promoting prostitution, for prostitution or pandering, for prostitution loitering, or for permitting prostitution, 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. 526 § 2 (part), 2010.)

9A.09.080Loitering for Prostitution Purposes.

A. It shall be unlawful for any person to loiter in or near any thoroughfare or place open to the public in any manner and under circumstances manifesting the purpose of committing, or inducing, enticing, soliciting or procuring another to permit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifest shall be: That the person is a known prostitute or panderer, repeatedly beacons to, stops or attempts to stop, or engages passers-by in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waiving of arms or any other bodily gesture.

B. Further, it shall be unlawful for any person to attempt to detect or identify a police officer, peace officer, or other law enforcement officer, during an investigation into prostitution or loitering for the purposes of prostitution, by any of the following means:

1. By exposing or offering to expose one's breast or breasts, buttocks, sexual organs or private body parts.

2. By requesting, asking or encouraging another to touch or fondle one's breast or breasts, buttocks, sexual organs or private body parts.

3. By touching or requesting to touch the breast, breasts, buttocks, sexual organs or private body parts of another.

4. By requesting, asking or encouraging another to expose or show the other's breasts, buttocks, sexual organs or private body parts.

C. There is a rebuttable presumption of a violation of the provisions of this chapter where any person inquires, in any manner, as to whether another person is a peace officer, police officer or other law enforcement officer when such inquiry occurs in the course of a police investigation of potential violations of the provisions of this Chapter.

D. For the purposes of this section, a “known prostitute or panderer” is a person who, within three (3) years 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.

Violation of this section shall constitute a misdemeanor punishable by a jail sentence of up to ninety (90) days, or a fine of up to $1,000, or both such jail time and fine. (Ord. 526 § 2 (part), 2010.)