CHAPTER 9
GENERAL OFFENSES AND NUISANCE CONTROL

ARTICLE 3
OFFENSES AGAINST PUBLIC MORALS

Section 9-3-1. Definitions. In this article, the following terms shall have the definitions ascribed as follows:

(a)

"Fellatio" -- means any act of oral stimulation of the penis.

(b)

"Cunnilingus" -- means any act of oral stimulation of the vulva or clitoris.

(c)

"Masturbation" -- means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.

(d)

"Anal intercourse" -- means contact between human beings of the genital organs of one and the anus of another.

(e)

"Facility" -- means any place or thing which provides seclusion, privacy, opportunity, protection, comfort, or assistance to or for a person or persons engaging or intending to engage in prostitution.

[Source: Ord. 1093, 1994]

Section 9-3-2. Prostitution. It is unlawful for any person to commit prostitution. Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse with any person not his spouse in exchange for money or other thing of value commits prostitution.

[Source: Ord. 1093, 1994]

Section 9-3-3. Solicitation Prohibited. It is unlawful for any person to solicit for prostitution. A person commits soliciting for prostitution if he:

(a)

Solicits another for the purpose of prostitution; or

(b)

Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or

(c)

Directs another to a place knowing such direction is for the purpose of prostitution.

[Source: Ord. 1093, 1994]

Section 9-3-4. Keeping a Place of Prostitution. It is unlawful for any person to keep a place of prostitution. Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one (1) or more of the following commits keeping a place of prostitution if he:

(1)

Knowingly grants or permits the use of such place for the purpose of prostitution; or

(2)

Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for the purpose of prostitution.

[Source: Ord. 1093, 1994]

Section 9-3-5. Patronizing a Prostitute. It is unlawful for any person to patronize a prostitute. Any person who performs any of the following commits patronizing a prostitute:

(1)

Engages in an act of sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse with a prostitute; or

(2)

Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse.

[Source: Ord. 1093, 1994]

Section 9-3-6. Promoting Prostitution. It is unlawful for any person to promote prostitution. Any person who, for pecuniary gain, furnishes or makes available to another person any facility, knowing that the same is to be used for or in aid of prostitution, or who advertises in any manner that he furnishes or is willing to furnish to make available any such facility for such purposes, commits promoting prostitution.

[Source: Ord. 1093, 1994]

Section 9-3-7. Public Indecency. It is unlawful for any person to commit public indecency. Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency:

(1)

An act of sexual intercourse, fellatio, cunnilingus or anal intercourse; or

(2)

Masturbation.

[Source: Ord. 1093, 1994]

Section 9-3-8. Urination and Defecation in Public.

(a)

It is unlawful for any person to urinate or defecate in a public place, or at any other location where such conduct is observed by another person who has a legal right to be present at the location from which the conduct was observed.

(b)

Nothing in this section shall be construed to prohibit the normal use of public facilities specifically designed and intended for the use of voiding human bodily wastes.

(c)

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1801, 2020]

Section 9-3-9. Indecent Exposure. It is unlawful for any person to commit indecent exposure. A person commits indecent exposure if he knowingly exposes his genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to other persons.

[Source: Ord. 1093, 1994]

Section 9-3-10. Unlawful Visual Observation. It is unlawful for any person to look into any house, room, building or structure, through any window, door skylight or other opening, in order to observe the actions of any person within, for the purpose of sexual gratification or arousal.

Any violation of this section is a civil infraction, punishable according to Section 1-1-10(a)(3) of the Municipal Code, as amended, or is a nuisance, punishable according to this Chapter, or both. In no case shall a violation of this section be deemed to be punishable by jail time. The penalty set forth in Section 1-1-10(a)(2) of the Municipal Code does not apply.

[Source: Ord. 1093, 1994; 1801, 2020]