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• <br /> circumstances which may be considered in determining whether a person intentionally solicits, <br /> induces, entices or procures another to commit prostitution are: <br /> 1. Repeatedly beckoning to, stopping, or attempting to stop or engage passersby in <br /> conversation; or <br /> 2. Repeatedly stopping or attempting to stop motor vehicle operators by hailing, waving of <br /> arms or other bodily gestures; or <br /> 3. Being a known prostitute or panderer. "Known prostitute or panderer" means a person <br /> who within one year previous of date of arrest for any violation hereof is known by the arresting <br /> officer to have been convicted of an offense involving prostitution; or <br /> 4. That the actor inquires whether a potential patron, procurer or prostitute is a police officer <br /> or request the touching of genitals or female breasts or requests exposure of genitals or female <br /> breasts with the purpose of establishing that the person is not a police officer. <br /> B. A person who violates this section is guilty of a gross misdemeanor. Upon the first such <br /> conviction, the person shall be punished by imprisonment for not less than 10 days and a fine of <br /> not less than two hundred fifty dollars. Upon the second conviction, the person shall be punished <br /> by imprisonment for not less than ninety days and a fine of not less than five hundred dollars. <br /> Upon the third or subsequent conviction, the person shall be punished by imprisonment for not <br /> less than one hundred eighty days and a fine of not less than one thousand dollars. The minimum <br /> sentence of confinement and fine required shall not be suspended or deferred. <br /> Section 2: Section 2 of Ordinance 1973-93, as amended by section 1 of Ordinance 2045-95 <br /> and section 1 of Ordinance 2176-96(EMC 10.24.210), which reads as follows: <br /> Stay out of areas of prostitution orders. <br /> A. Stay out of areas of prostitution orders, hereinafter known as SOAP orders, may be issued <br /> by the Everett municipal court to anyone charged with prostitution, soliciting for a lewd act, <br /> prostitution loitering or patronizing a prostitute under Chapter 10.24 of this code as a condition <br /> of pre-trial release. <br /> B. SOAP orders may be issued by the Everett municipal court to anyone convicted of <br /> prostitution, soliciting for a lewd act, prostitution loitering or patronizing a prostitute under <br /> Chapter 10.24 of this code as a condition of probation. <br /> C. Whenever a police officer shall have probable cause to believe that a person has received a <br /> SOAP order as a condition of pre-trial release or of probation and in the officer's presence is seen <br /> violating or failing to comply with any requirement or restriction imposed by the court as a <br /> condition of such pre-trial release or probation, such officer may arrest the violator without <br /> warrant or other process for violation of the SOAP order and bring said person before the court <br /> issuing the order. <br /> D. The SOAP order shall warn the person named in the order to stay out of the following <br /> high risk prostitution areas: <br /> 1. The entire area extending from the 700 block to the 1100 block of North Broadway, and <br /> two blocks east and west of this area of North Broadway; and <br /> 2. The entire area extending from the 1000 block to the 4100 block of Broadway, and two <br /> blocks east and west of this area of Broadway; and <br /> 2 <br />