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HomeMy WebLinkAboutOrdinance-1988-0756INTRODUCED BY COUNCILMEMBER WORTH Ordinance No. 756 Series of 1988 TITLE: AN ORDINANCE ADDING ARTICLE IX TO CODE OF LAWS OF THE CITY OF WHEAT RELATED TO PROSTITUTION UNLAWFUL, SECTION 14-69 TO SECTION 14-75 OF 14 INVOLVING PENALTIES FOR VIOLAT IN CHAPTER 14. CHAPTER 14 OF THE RIDGE, MAKING CONDUCT AND RENUMBERING ARTICLE X IN CHAPTER IONS OF THE PROVISIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Concerning the issue of prostitution and other conduct related to prostitution, the City Council makes the following findings of fact: 1. Prostitution threatens public health by facilitating the spread of sexually transmitted diseases such as Acquired Immune Deficiency Syndrome (AIDS), herpes, gonorrhea, and syphillis. 2. Prostitution threatens public morals by promoting adultery and fornication. 3. Prostitution threatens public morals and safety by defying state statutes prohibiting prostitution and conduct related to prostitution. 4. A municipal ordinance prohibiting prostitution and conduct related to prostitution serves the public health, safety, morals and general welfare of the City of Wheat Ridge. 5. A municipal ordinance prohibiting prostitution and conduct related to prostitution will allow the City of Wheat Ridge to join in combatting activities that Jefferson County law enforcement organizations have been unwilling or unable to combat. Section 2. Section 14-69 of the Code of Laws of the City of Wheat Ridge is hereby repealed, renumbered and reenacted as Section 14-75 in the new "ARTICLE X PENALTIES" for Chapter 14 of the Code of Laws. Section 3. Sections 14-69 through 14-74 of the Code of Laws of the City of Wheat Ridge are hereby added and enacted as follows: ARTICLE IX. PROSTITUTION Sec. 14-69. Prostitution prohibited. (a) Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not his spouse in exchange for money or other thing of value commits prostitution. (b) In this section: (1) Fellatio means any act of oral stimulation of the penis. (2) Cunnilingus means any act of oral stimulation of the vulva or clitoris. (3) Masturbation means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse. (4) Anal intercourse means contact between human beings of the genital organs of one and the anus of another. (c) Prostitution is unlawful. Sec. 14-70. Soliciting for prostitution. (a) A person commits soliciting for prostitution if he: (1) Solicits another for the purpose of prostitution; or (2) Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or (3) Directs another to a place knowing such direction is for the purpose of prostitution. (b) Soliciting for prostitution is unlawful. Sec. 14-71. Keeping a place of prostitution. (a) Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one (1) or more of the following commits keeping a place of prostitution if he: (1) Knowingly grants or permits the use of such place for the purpose of prostitution; or (2) Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that 2 the place is being used for the purpose of prostitution. (b) Keeping a place of prostitution is unlawful. Sec. 14-72. Patronizing a prostitute. (a) Any person who performs any of the following with a person not his spouse commits patronizing a prostitute: (1) Engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or (2) Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct. (b) Patronizing a prostitute is unlawful. Sec. 14-73. Promoting prostitution. (a) Any person who, for pecuniary gain, furnishes or makes available to another person any facility, knowing that the same is to be used for or in aid of prostitution, or who advertises in any manner that he furnishes or is willing to furnish or make available any such facility for such purposes, commits promoting prostitution. (b) "Facility", as used in this section, means any place or thing which provides seclusion, privacy, opportunity, protection, comfort, or assistance to or for a person or persons engaging or intending to engage in prostitution. (c) Promoting prostitution is unlawful. Sec. 14-74. Public indecency. (a) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency: (1) An act of sexual intercourse; or (2) An act of deviate sexual intercourse; or (3) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person; or (4) A lewd fondling or caressing of the body of another person. (b) Public indecency is unlawful. 3 Section 4: Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 6. This ordinance shall become effective 15 day(s) after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 1 on this 2nd day of May , 1988, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for Monday, May 23 , 1988, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 1 this 23rd day of May 1988. 1988. SIGNED by the Mayor on this 24th day of Ma Dan Wilde, Mayor AT'PES ~ J Wanda Sang, City Cl&fk APPROVED,~AS FORM BY OFFICE ~OF Y>TTORNEY 1st Publication: May 2nd Publication: May Wheat Ridge Sentinel: Effective Date: June Joh 5, 1988 26, 1988 10, 1988 4 . Hayes, y Atj7orney