HomeMy WebLinkAboutORD 84-92 ORDINANCE NO. _
ENTITLED AN ORDINANCE AMENDING CHAPTER 18 OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
BY ADDING A NEW ARTICLE III TO BE ENTITLED
"PROSTITUTION LOITERING" ; PROVIDING
DEFINITIONS; PROHIBITING THE ACT OF LOITERING
FOR THE PURPOSE OF PROSTITUTION; ENUMERATING
CERTAIN UNLAWFUL ACTS; PROVIDING A PENALTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 18 of the Code of Ordinances of the City of
Beaumont is hereby amended by adding a new Article III to read as
follows:
Article III: Prostitution Loitering.
Section 18-19. Definitions.
In the interpretation of this article, the following
words and terms are to be used and interpreted as defined
hereafter:
1 . Act of prostitution. Offers to engage, agrees to
engage, or engages in sexual conduct for a fee or solicits
another in a public place to engage with him or her in
sexual conduct for hire.
2 . Known prostitute or panderer. A person who, within one
year previous to the date of arrest for violation of this
section, has within the knowledge of the arresting officer
been convicted of violating the Statute of the State of
Texas defining and punishing acts of soliciting,
committing, or offering or agreeing to commit an act of
prostitution.
3 . Loiter. Remaining idle in essentially one place and
shall include the concepts of spending time idly , loafing
or walking about aimlessly.
4 . Inducing. To invite or appeal to someone to engage
in illicit sexual activity.
5. Enticing. To wrongfully solicit, persuade, attract,
coax, seduce, lure or tempt someone to commit an act of
prostitution.
6 . Soliciting. To accost, lure or tempt someone with
immoral intentions into unlawful conduct by seduction.
7 . Procuring. To get and make available a person for
an act of prostitution.
8 . Hailing. To call out or greet someone with
enthusiasm in an effort to solicit an act of prostitu-
tion.
9. Beckons - To summon or signal by a wave of the hand,
a nod or other gesture with the intent of soliciting an
act of prostitution.
10. Thoroughfare. A street or passage through which one
can travel.
11. Assignation. The making of any appointment or
engagement for prostitution or lewdness or any act in
furtherance of such appointment or engagement.
12. Sexual Conduct. Includes homosexual relations,
deviate sexual intercourse, sexual contact, and sexual
intercourse.
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Section 18-20. Prohibiting Acts of Loitering for Purposes of
Prostitution.
It is hereby unlawful toe Intentionally , knowingly , or
recklessly loiter in or near any thoroughfare, street, highway , or
place open to the public in a manner and under circumstances
manifesting the intent of inducing, enticing, soliciting, or
procuring another to commit an act of prostitution or assignation.
Among circumstances which may be considered in determining whether
such purpose is manifested are: that such person is a known
prostitute or panderer; repeatedly beckons to, stops or attempts to
stop or engages passers-by in conversation; or repeatedly stops or
attempts to stop motor vehicle operators by hailing, waving of arms
or any other bodily gesture. No arrest shall be made for a
violation of this subsection unless the arresting officer first
affords such person an opportunity to explain such conduct, and no
one shall be convicted of violating this section if it appears that
at trial the explanation given was true and disclosed a lawful
purpose.
Section 2.
In any prosecution charging a violation of this article
where a person is found guilty of prostitution loitering,
punishment shall be by a fine of not less than One Hundred ($100)
Dollars nor more than Two Hundred ($200) Dollars.
Section 3 .
That if any section, subsection, sentence, clause or
phrase of this ordinance or the application of same to a particular
person, or to a particular set of circumstances, should for any
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reason be held invalid, such invalidity shall in no way effect the
remaining portions of this ordinance and to such end that various
portions and provisions of this ordinance are declared to be
severable.
Section 4.
That all ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of the conflict only.
Section 5 .
This ordinance shall be effective upon publication as
provided by the charter of the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the jQ z day of _ 1984.
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Mayor -
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