HomeMy WebLinkAbout08270ORDINANCE NO. 8270
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 1,
TITLE XI, PUEBLO MUNICIPAL CODE, BY THE ADDITION
OF A NEW SECTION 11-1-610 PERTAINING TO
PROSTITUTION AND RELATED OFFENSES, AND
PROVIDING PENALTIES FOR VIOLATION OF SAID
PROVISIONS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate
matter being deleted; underscoring indicates new matter being added)
SECTION 1.
Article VI of Chapter 1, Title XI, Pueblo Municipal Code, as amended, is hereby
amended by the addition of a new Section 11-1-610, which shall read as follows:
Sec. 11-1-610. Prostitution and related offenses.
(a) For purposes of this section, the following definitions shall
apply:
: means contact between human beings of the
Anal intercourse
genital organs of one and the anus of another.
: means any act of oral stimulation of the vulva or
Cunnilingus
clitoris.
: means any act of oral stimulation of the penis.
Fellatio
: means any stimulation of the genital organs by
Masturbation
manual or other bodily contact exclusive of sexual intercourse.
: means to perform, agree to perform, offer to
Prostitution
perform, or to solicit any act of sexual intercourse, fellatio,
cunnilingus, masturbation, or anal intercourse with any person not
his or her spouse in exchange for money or any other thing of value.
(b) It shall be unlawful for any person to:
(1) commit prostitution;
(2) induce another person by threats, menacing or criminal
intimidation to commit prostitution;
(3) knowingly arrange or offer to arrange a situation in
which a person may practice prostitution;
(4) arrange or offer to arrange a meeting of persons for the
purpose of prostitution;
(5) direct another to a place knowing that such direction is
for the purpose of prostitution;
(6) knowingly grant or permit the use of any place for the
purpose of prostitution;
(7) permit the continued use of a place for the purpose of
prostitution after becoming; aware of facts or circumstances from
which he or she should reasonably know that the place is being used
for purposes of prostitution;
(8) enter or remain in a place of prostitution with intent to
engage in an act of prostitution; or
(9) further the practice of prostitution by word, gesture or
action.
(c) Violation of this Section shall be a Class 1 Municipal Offense
punishable by a fine not exceeding One Thousand Dollars ($1,000),
imprisonment for up to one year, or by both such fine and imprisonment.
(d) The Municipal Court shall order any person convicted under
subsection (b)(1) of this section to undergo diagnostic testing for the
human immunodeficiency virus (HIV) as provided in C.R.S. §18-7-205.5. The
results of the test shall be reported and kept confidential as provided in
C.R.S. §18-7-205.5. The Municipal Court shall order each Defendant
convicted under subsection (b)(1) of this section to pay the costs of such
testing.
(e) The Municipal Court shall impose a surcharge on each
Defendant convicted under this section in the amount of Three Hundred
Dollars ($300) to help defray the costs of enforcing this section and HIV
testing of indigent persons convicted under subsection (b)(1) of this
subsection.
SECTION 2.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: September 27, 2010
BY: Vera Ortegon
COUNCILPERSON
PASSED AND APPROVED: October 12, 2010
Background Paper for Proposed
ORDINANCE
DATE: September27, 2010 AGENDA ITEM # S-4
DEPARTMENT:
Police Department
Jim Billings, Chief of Police
Law Department
Thomas J. Florczak, City Attorney
TITLE:
AN ORDINANCE AMENDING ARTICLE VI OF CHAPTER 1, TITLE XI, PUEBLO
MUNICIPAL CODE, BY THE ADDITION OF A NEW SECTION 11-1-610 PERTAINING
TO PROSTITUTION AND RELATED OFFENSES, AND PROVIDING PENALTIES FOR
VIOLATION OF SAID PROVISIONS
ISSUE:
Should the City adopt an ordinance prohibiting prostitution and related offenses?
RECOMMENDATION:
The proposed ordinance should be approved.
BACKGROUND:
Prostitution and prostitution related offenses have become problems that threaten the
health, safety, and welfare of the citizens and residents of the City.
The proposed ordinance provides for prosecution of these offenses under City
ordinance in Municipal Court, which will supplement prosecution of these offenses
under State law in County Court and improve the overall prostitution enforcement
program.
The proposed ordinance requires HIV testing of convicted defendants, as required by
state law. Defendants will be required to pay the costs of the testing. The proposed
ordinance also provides for a surcharge in the amount of $300 to help defray the costs
of enforcing the ordinance and paying the costs of HIV testing for indigent defendants.
FINANCIAL IMPACT:
None anticipated.