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Wheat Ridge is hereby repealed, renumbered and reenacted as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
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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.
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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
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. Hayes,
y Atj7orney