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A. A person commits the offense of “prostitution loitering” if he or she remains in a public place and intentionally solicits, induces, entices or procures another to prostitution. Among the circumstances which may be considered in determining whether a person intentionally solicits, induces, entices or procures another to commit prostitution are:

1. Repeatedly beckoning to, stopping, or attempting to stop or engage passersby in conversation; or

2. Repeatedly stopping or attempting to stop motor vehicle operators by hailing, waving of arms or other bodily gestures; or

3. Being a known prostitute or panderer. “Known prostitute or panderer” means a person who within one year previous of date of arrest for any violation hereof is known by the arresting officer to have been convicted of an offense involving prostitution; or

4. That the actor inquires whether a potential patron, procurer or prostitute is a police officer or requests the touching of genitals or female breasts or requests exposure of genitals or female breasts with the purpose of establishing that the person is not a police officer.

B. A person who violates this section is guilty of a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days and a fine of not less than two hundred fifty dollars. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days and a fine of not less than five hundred dollars. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days and a fine of not less than one thousand dollars. The minimum sentence of confinement and fine required shall not be suspended or deferred. (Ord. 2268-98 § 1, 1998; Ord. 2185-96 § 1, 1996; Ord. 1145-85 § 99, 1985.)

Amended during 1-88 supplement.