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Title 10
Chapter 10.06
Section 10.06.037
 

Title 10 Regulation of Activities

Division I. Penal Code

Chapter 10.06 Offenses Against Decency and Morality

Section 10.06.037 Patronizing a Prostitute – Vehicle Impoundment
  1. The City Council finds that many patrons of prostitutes use motor vehicles in order to obtain the services of prostitutes and that successful prevention of prostitution involves efforts to curtail the demand for services offered by prostitutes. It is the intent of the City Council to decrease the demand for prostitution services and thereby eliminate the economic foundation for the prostitution industry. It is also the intent of the City Council to eliminate traffic congestion and other concerns to neighborhoods and business areas caused by patrons cruising in motor vehicles in areas of high prostitution activity.

  2. Upon an arrest for a suspected violations of patronizing a prostitute under SMC 10.06.035, promoting prostitution in the first degree under RCW 9A.88.070, promoting prostitution in the second degree under RCW 9A.88.080, promoting travel for prostitution under RCW 9A.88.085 or patronizing a juvenile prostitute under RCW 9.68A.100, the arresting law enforcement officer may impound the person’s vehicle if the:

    1. motor vehicle was used in the commission of the crime;

    2. person arrested is the owner of the vehicle or the vehicle is a rental car as defined in RCW 46.04.465; and

    3. person arrested has previously been convicted of patronizing a prostitute under SMC 10.06.035, promoting prostitution in the first degree under RCW 9A.88.070, promoting prostitution in the second degree under RCW 9A.88.080, promoting travel for prostitution under RCW 9A.88.085 or patronizing a juvenile prostitute under RCW 9.68A.100.

  3. The East Central area located between the Hamilton overpass and Fiske Street, and between the rail road tracks and Interstate 90, as established in the map set forth in Attachment A, is hereby declared an area of high prostitution activity based on evidence indicating that the area has a disproportionately higher number of arrests for the offenses listed in subsection B as compared to other areas within the same jurisdiction. Within this designated area:

    1. Upon an arrest for a suspected violations of patronizing a prostitute under SMC 10.06.035, promoting prostitution in the first degree under RCW 9A.88.070, promoting prostitution in the second degree under RCW 9A.88.080, promoting travel for prostitution under RCW 9A.88.085 or patronizing a juvenile prostitute under RCW 9.68A.100, the arresting law enforcement officer may impound the person’s vehicle if the:

      1. motor vehicle was used in the commission of the crime;

      2. the person arrested for such activity is the owner of the vehicle or the vehicle is a rental car as defined in RCW 46.04.465; and

      3. the local governing authority has posted signs at the boundaries of the designated area to indicate that the area has been designated under this section.

  4. Impoundments performed under this section shall be in accordance with chapter 46.55 RCW.

  5. Prior to redeeming the impounded vehicle, and in addition to all applicable impoundment, towing, and the storage fees paid to the towing company under chapter 46.55 RCW, the owner of the impounded vehicle must pay a fine to the impounding agency. The fine shall be five hundred dollars for patronizing a prostitute under SMC 10.06.035 and shall be collected pursuant to the provisions set forth in RCW 9A.88.140.

Date Passed: Monday, March 16, 2015

Effective Date: Monday, March 16, 2015

ORD C35240 Section 1