9.09.080 Loitering 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 beckons to, stops or attempts to stop, or engages passers-by in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving 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 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 90 days, or a fine of up to $1,000, or both such jail time and fine. [Ord. 526 § 2, 2010.]