As used in this chapter:
"Act of prostitution"
means to engage in sexual relations or any lewd act between persons for hire or monetary reward, but does not include sexual conduct engaged in as a part of any legitimate stage performance, play or other legal entertainment open to the public.
"Beckoning"
means stopping or attempting to stop pedestrians, bicyclists or motor vehicles of any kind by an act of calling out, hailing, signaling and waving the arms or other bodily gestures.
"Known prostitute, pimp or panderer"
means a person who, within five years prior to the date of his or her arrest for violation of this chapter, has within the knowledge of the arresting officer been convicted in any court of the state of California of any offense relating to or involving prostitution, pimping or pandering as defined in the Penal Code of the state of California or the South El Monte Municipal Code.
"Lewd act"
means conduct where the genitals, buttocks or breast (male and/or female, natural and/or artificial) of either the prostitute or the customer come in contact with some part of the body of the other person for purpose of sexual arousal or gratification of either the prostitute or the customer. For purposes of this chapter, contact with the genitals, buttocks or breast (male and/or female, natural and/or artificial) includes contact through the clothing of either or both parties as well as skin-to-skin contact.
"Loiter"
means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.
"Public place"
means any area generally visible to the public, including public property and any private property, whether generally open to the public or not, that is generally visible from any area which is open to the public, including, but not limited to, vacant lots, front yards and driveways of private property and motor vehicles (whether in motion or not). This definition shall apply during all hours of the day and night, regardless of lighting conditions or inclement weather.
"Solicit"
means to ask with earnestness, to excite to action, to appeal to, or to invite.
(Ord. 1114 §1, 2008)
A. 
It is unlawful for any person to loiter in, or about any public place as defined in this chapter in a manner and under circumstances which openly displays the purpose of inducing, enticing, soliciting or procuring another person to engage in acts of prostitution.
B. 
No arrest shall be made for a violation of this chapter unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this chapter if it appears that the explanation given was true and disclosed a lawful purpose. The circumstances that may be considered in determining whether a person has violated this chapter, based upon the knowledge and personal observations of the arresting officer, include the following:
1. 
The person is a known prostitute, pimp or panderer.
2. 
The person repeatedly engages in the act of beckoning or behaves in a manner as to raise reasonable suspicion that he or she is seeking to engage in, is about to engage in, or is engaged in soliciting an act of prostitution. The wearing of clothing indicative of soliciting for prostitution is one of the factors that can be considered in determining that there is reasonable suspicion of the intent to engage in solicitation of an act of prostitution.
3. 
The person repeatedly stops or attempts to stop motor vehicles by hailing the drivers, waving arms, or making any other bodily gestures, or engages or attempts to engage the drivers or passengers of the motor vehicles in conversation, indicative of soliciting for prostitution.
4. 
The person is in the company of, or inside or near a vehicle registered to, a known prostitute, pimp or panderer or a person known to the arresting officer to have been convicted within the last two years of soliciting an act of prostitution.
5. 
The person is currently subject to an order of a court or probation officer prohibiting the person from being in an area of high prostitution activity, or prohibiting the person from being in the company of known prostitutes, pimps or panderers.
6. 
The person has previously been convicted of violating this chapter.
7. 
The person attempts to evade officers or to conceal himself or herself from the observation of the arresting officer.
C. 
The list of circumstances set forth in subsection B of this section is not exclusive. The circumstances set forth in subsection B of this section should be considered particularly salient if they occur in an area that is known for high prostitution activity. Any other relevant circumstances may be considered in determining whether a person has the requisite intent.
(Ord. 1114 §1, 2008)
A. 
A violation of this chapter is a misdemeanor, punishable in accordance with the provisions of Section 1.16.010 of this Code.
B. 
A violation of this chapter shall be deemed to constitute a public nuisance and all remedies provided under this Code or the laws of the state of California for the abatement of, or prosecution for, public nuisances shall be available to the city.
(Ord. 1114 §1, 2008)