[Ord. 80-412 § 1
(1); prior code § 23-15 (part)]
For the purpose of this section, the words "public place" mean
any street, sidewalk, bridge, alley, plaza, park, driveway, parking
lot, communication facility, or transportation facility, or any open
space adjacent to such places, or the doorways or other openings of
any buildings adjacent to such places.
[Ord. 2003-163 § 1; Ord. 80-412 § 1(2); prior code
§ 23-15 (part)]
A. It is unlawful for any person to solicit for prostitution. A person
solicits for prostitution if that person:
1. Asks, proposes or otherwise seeks to engage another person 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 the direction is for the purpose
of prostitution.
B. It is unlawful for any person to loiter for prostitution. A person
loiters for the purpose of prostitution if that person loiters in
a manner and under circumstances manifesting the purpose of inducing,
enticing, soliciting or procuring another person to engage in prostitution.
Among the circumstances which may be considered in determining whether
loitering for the purpose of prostitution is manifested are the following:
1. The person is a known prostitute or panderer or, if the person is
not a known prostitute or panderer, the person maintains a presence
in an area which, within the knowledge of the arresting officer, is
frequented by known prostitutes or panderers; and the person either
(1) repeatedly beckons to, gestures to, stops or attempts to stop
passersby, or (2) repeatedly engages or attempts to engage passersby
in conversation, or (3) repeatedly stops or attempts to stop motor
vehicle operators by hailing, waving of the arms, beckoning to them
or performing any other gesture or action which is attention getting.
2. Prior to being arrested, a person suspected of loitering for the
purpose of prostitution shall be afforded an opportunity to explain
the person's presence in an area which is, within the knowledge of
the arresting officer, frequented by prostitutes and their conduct.
3. No person shall be convicted of loitering for the purpose of prostitution
if it is established that said person was not afforded an opportunity
to explain their presence and conduct prior to being arrested, or
if it is established during the trial that the explanation given by
the person was true and disclosed a lawful purpose.
C. For the purposes of this section, the following definitions apply:
1. A known prostitute or panderer is a person who, within two years
prior to the date of the arrest for violating this section, has been
convicted of prostitution, soliciting for prostitution, pandering
or loitering for the purpose of prostitution, and the conviction is
within the knowledge or information of the arresting officer.
2. Loiter means to be dilatory, to stand idly around, to linger, to
delay, to remain, to abide, to tarry or wander about in a public place.
3. For the purpose of prostitution means engaging, offering to engage,
or agreeing to engage in sexual conduct or activity with another person,
except one's spouse, where one or more parties is to receive money
or anything of value in exchange for performing the sexual conduct
or activity.