Ordinance 3047-07 - Laserfiche WebLink

� y ORDINANCE NO. 3047-07 An Ordinance relating to Stay Out of Areas of Prostitution Orders, Amending Section 2 of Ordinance No. 1973-93, as amended by Section 1 of Ordinance No. 2045-95, Section 1 of Ordinance No. 2176-96 and Section 2 of Ordinance No. 2268-98 (EMC 10.24.210), and adding a two new sections to Chapter 10.24 of the Everett Municipal Code. Whereas, the City Council has been advised that Washington courts have consistently held that the right to travel is guaranteed by the United States Constitution and that the right applies to intrastate as well as interstate travel; and Whereas, the City Council has been advised that the City's Stay Out of Areas of Prostitution ("SOAP") ordinance has been twice upheld against legal challenges, including challenges that the ordinance unconstitutionally impinges upon the right to travel; and Whereas, the City Council deems it appropriate to clarify its legislative purpose for the SOAP ordinance, which is not to penalize or interfere with the constitutional right to travel of persons in the city but instead to place reasonable geographic restrictions, at the discretion and with oversight of elected Municipal Court judges, upon persons who are charged with or convicted of crimes of prostitution, where the orders are limited in time and limited to areas where there is ongoing prostitution activity; and Whereas, the City Council deems it appropriate to revise the procedure by which Prohibited Areas in the SOAP ordinance are established; and Whereas, the City Council finds that the use of public parking can, under certain circumstances, enable criminal activity and that the imposition of additional parking restrictions in SOAP areas is appropriate to address criminal activity in the areas; and Whereas,the City Council finds that the provisions of this Ordinance are necessary for the public health, safety and welfare; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1: Section 2 of Ordinance No. 1973-93, as amended by Section 1 of Ordinance No. 2045-95, Section 1 of Ordinance No. 2176-96 and Section 2 of Ordinance No. 2268-98 (EMC 10.24.210), which currently reads as follows: