ORDINANCE NO.

C - _______
An ordinance relating to vehicle impoundment and declaring an area within East
Central as an area within which vehicles are subject to impoundment if used to
patronize a prostitute and related offenses; amending SMC section 10.06.037 of the
Spokane Municipal Code.
WHEREAS, the City of Spokane has received a high volume of complaints from
Spokane citizens concerning heavy criminal activity related to prostitution along East
Sprague Avenue; and
WHEREAS, the Spokane Police Department has had ongoing dialogue with
various groups over the concern of prostitution related criminal activity, including the
East Sprague Business Association (ESBA), the Lutheran Community Services
Northwest (LCSNW) SAFeT Response Center, the Inland Northwest Task Force on
Human Trafficking; and
WHEREAS, community safety and personal security are high priority standards
for all residents in Spokane and in the East Central community; and
WHEREAS, a thriving business environment and a consumer friendly
commercial district enables the community to grow and develop in ways that positively
impact the economic health of the neighborhood; and
WHEREAS, a specific area within the East Sprague business district has
historically been an area with a disproportionately high occurrence of prostitution activity
as compared with other districts in the Spokane metropolitan area; that area being
located in the East Central Neighborhood between the Hamilton overpass as the
western boundary and Fisk as the eastern boundary, the rail road tracks as the northern
boundary and Interstate 90 as the southern boundary; and
WHEREAS, the Spokane Police Department, over the course of the past several
years, has made an inordinately high number of arrests in the East Sprague Business
District for criminal activity related to prostitution and patronizing a prostitute; and
WHEREAS, current Crime Analysis Data shows that prostitution related criminal
activity continues to plague the East Sprague Business District at rates much higher
than other parts of Spokane; and
WHEREAS, concerned citizens and business owners in East Central have
searched for solutions to clean up the criminal activity and to restore public safety,
health and vitality to the area; and
WHEREAS, state law authorizes an arresting law enforcement officer to impound
a person's vehicle upon an arrest for a suspected violation of a prostitution-related
offense under RCW 9A.88.140 if the offense was committed within an area designated
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by the local governing authority as an area within which vehicles are subject to
impoundment; and
WHEREAS, there is ample evidence indicating that the East Central
Neighborhood area between the Hamilton overpass and Fisk, and between the rail road
tracks and Interstate 90 has a disproportionately higher number of arrests for the
prostitution offenses including patronizing a prostitute, promoting prostitution in the first
degree, promoting prostitution in the second degree, promoting travel for prostitution, as
compared to other areas within the same jurisdiction; and
WHEREAS, the preamble to this ordinance the Prostitution Analysis 2009-2014
and the material and date submitted to the City Council constitute the legislative record
for this ordinance.
The City of Spokane does ordain:
Section 1.
10.06.37
A.

That SMC 10.06.037 be amended to read as follows:

Patronizing a Prostitute Vehicle Impoundment

The City Council finds that many patrons of prostitutes use motor vehicles in
order to obtain the services of prostitutes and that successful prevention of
prostitution involves efforts to curtail the demand for services offered by
prostitutes. It is the intent of the City Council to decrease the demand for
prostitution services and thereby eliminate the economic foundation for the
prostitution industry. It is also the intent of the City Council to eliminate traffic
congestion and other concerns to neighborhoods and business areas caused by
patrons cruising in motor vehicles in areas of high prostitution activity.

((A))B.Upon an arrest for suspected violations of patronizing a prostitute under RCW

9A.88.110, promoting prostitution in the first degree under RCW 9A.88.070,
promoting prostitution in the second degree under RCW 9A.88.080, promoting
travel for prostitution under RCW 9A.88.085 or patronizing a juvenile prostitute
under RCW 9.68A.100, the arresting law enforcement officer may impound the
persons vehicle if the:
1.

motor vehicle was used in the commission of the crime;

2.

person arrested is the owner of the vehicle or the vehicle is a rental car as
defined in RCW 46.04.465; and

3.

person arrested has previously been convicted of patronizing a prostitute

under RCW 9A.88.110, promoting prostitution in the first degree under
RCW 9A.88.070, promoting prostitution in the second degree under RCW
9A.88.080, promoting travel for prostitution under RCW 9A.88.085 or
patronizing a juvenile prostitute under RCW 9.68A.100.
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C.

The East Central area located between the Hamilton overpass and Fiske Street,
and between the rail road tracks and Interstate 90, as established in the map set
forth in Attachment A, is hereby declared an area of high prostitution activity
based on evidence indicating that the area has a disproportionately higher
number of arrests for the offenses listed in subsection B (A) as compared to
other areas within the same jurisdiction. Within this designated area:
1.

Upon an arrest for suspected violations of patronizing a prostitute under

RCW 9A.88.110, promoting prostitution in the first degree under RCW
9A.88.070, promoting prostitution in the second degree under RCW
9A.88.080, promoting travel for prostitution under RCW 9A.88.085 or
patronizing a juvenile prostitute under RCW 9.68A.100, the arresting law
enforcement officer may impound the persons vehicle if the:
a.

motor vehicle was used in the commission of the crime;

b.

the person arrested for such activity is the owner of the vehicle or
the vehicle is a rental car as defined in RCW 46.04.465; and

c.

the local governing authority has posted signs at the boundaries of

the designated area to indicate that the area has been designated
under this section.

((B.))D.Impoundments performed under this section shall be in accordance with chapter

46.55 RCW.
PASSED BY THE CITY COUNCIL ON __________________________________

________________________________
Council President

Attest:

Approved as to form:

______________________________
City Clerk

________________________________
Assistant City Attorney

______________________________
Mayor

________________________________
Date

________________________________
Effective Date