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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.