§ 5.68.210. Loitering for the purpose of soliciting.

(a)

It shall be unlawful for any person to loiter in or near any thoroughfare, or any other public place, in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act in violation of any of the following sections of this Code: sections 5.68.010 (the sale of sexual relations), 5.68.020 (buying sexual relations), 5.68.110 (soliciting for immoral purposes). Among the circumstances which may be considered in determining whether such purpose is manifested are: that such person repeatedly stops or attempts to stop motor vehicle operators or pedestrians by hailing, waving of arms or any bodily gesture, or is a known seller or buyer of sexual relations. No arrest shall be made or notices to appear issued 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 subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose.

(b)

For purposes of this section, "any public place" shall mean any place to which the general public has access and a right to resort for business, entertainment or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It also includes the front or immediate area of any store, shop, restaurant, tavern or other place of business, and all public grounds, areas or parks.

(c)

For purposes of this section, the term "loitering" means remaining idle in essentially one location and includes the concept of spending time idly; to be dilatory; to linger, to stay; to saunter; to delay; to stand around; and shall also include the colloquial expression "hanging around."

(d)

For purposes of this section, the term "known seller or buyer of sexual relations" means a person who within two years previous to the date of arrest or issuing of a notice to appear for violation of this section has, within the knowledge of the arresting officer, been convicted of violating any statutes of the State of Kansas or any other state or ordinances of the City of Wichita, Kansas, or of any other city defining and punishing acts of soliciting, committing or offering or agreeing to commit the sale of sexual relations, buying sexual relations, or soliciting for immoral purposes.

(e)

Any person who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars or six months' imprisonment or both such fine and imprisonment.

(Ord. No. 42-637; Ord. No. 49-552, § 5, 8-13-2013)