[Adopted 10-21-1998 by Ord. No. 366]
[Amended 8-6-2008 by Ord. No. 445]
A.Â
Indecent exposure. It shall be unlawful for any person
to knowingly make any open or indecent exposure of his or her person
or the person of another. For the purposes of this section, "open"
exposure shall be defined as the exposure of the genitals or private
parts of a person under circumstances which create a substantial risk
that another person may view the exposure. "Indecent" exposure shall
be construed as the following types of conduct:
B.Â
Exposure by waiters, waitresses and entertainers.
(1)Â
No person while acting as a waiter, waitress or entertainer
in an establishment which serves food, beverages, or food and beverages,
including, but not limited to, alcoholic beverages, for consumption
on the premises of such establishment shall:
(a)Â
Expose his or her genitals, pubic hair, buttocks,
natal cleft, perineum, anal region or pubic hair region; or
(b)Â
Expose any device, costume or covering which
gives the appearance of or simulates the genitals, pubic hair, buttocks,
natal cleft, perineum, anal region or pubic hair region; or
(c)Â
Expose any portion of the female breast at or
below the areola, or employ any such device or covering which is intended
to simulate such portions of the breast.
(2)Â
The male and female genitals, pubic hair, buttocks,
natal cleft, perineum, anal region and pubic region and any portion
of the female breast at or below the areola must be firmly covered
by a fully opaque material.
(3)Â
A person shall be deemed to be a waiter, waitress,
or entertainer if such person acts in that capacity without regard
to whether or not such person is paid any compensation by the management
of the establishment in which the activity is performed.
C.Â
Exposure by performers in public.
(1)Â
No person while participating in any live act, demonstration,
or exhibition in any public place, place open to the public, or places
open to public view shall:
(a)Â
Expose his or her genitals, pubic hair, buttocks,
natal cleft, perineum, anal region or pubic hair region; or
(b)Â
Expose any device, costume or covering which
gives the appearance of or simulates the genitals, pubic hair, buttocks,
natal cleft, perineum, anal region or pubic hair region; or
(c)Â
Expose any portion of the female breast at or
below the areola, or employ any such device or covering which is intended
to simulate such portions of the breast.
(2)Â
The male and female genitals, pubic hair, buttocks,
natal cleft, perineum, anal region and pubic region and any portion
of the female breast at or below the areola must be firmly covered
by a fully opaque material.
D.Â
Exemption of theatrical establishments. The provisions
of Subsection C shall not apply to a theater, concert hall or similar
establishment which is primarily devoted to theatrical performance.
For the purpose of Subsection D, the phrase, "theater, concert hall,
or other similar establishment which is primarily devoted to theatrical
performance" shall mean a building, playhouse, room, hall or other
place having permanently affixed seats so arranged that a body of
spectators can have an unobstructed view of the stage, upon which
theatrical or vaudeville performances or similar forms of artistic
expression are presented, and where such performances are not incidental
to the promoting of the sale of food, drink or other merchandise.
E.Â
Urinating or defecating in public. No person shall
intentionally or recklessly expose his or her private parts for the
purpose of urinating or defecating under circumstances in a public
place or under circumstances in which his or her conduct is likely
to be viewed by others who are not members of the person's household,
whether or not the urination or defecation actually occurs.
F.Â
Penalty. Violation of this section shall be a misdemeanor
punishable by up to 90 days in jail and up to a fine of $500, or both.
It shall be unlawful for any person within the
City to engage in any indecent or obscene conduct in any public place.
Generally:
A.Â
It shall be unlawful for any person within the City
to commit or offer or agree to commit a lewd act or an act of prostitution
or moral perversion, such as, but not limited to, fornication, sodomy,
cunnilingus or fellatio or any other lewd or licentious act.
B.Â
It shall be unlawful for any person within the City
to secure or offer another for the purpose of committing a lewd act
or an act of prostitution or moral perversion.
C.Â
It shall be unlawful for any person within the City
to be in or near any place frequented by the public or any public
place for the purpose of inducing, enticing or procuring another to
commit a lewd act or an act of prostitution or moral perversion.
D.Â
It shall be unlawful for any person within the City
to knowingly transport any person to any place for the purpose of
committing a lewd act or an act of prostitution or moral perversion.
E.Â
It shall be unlawful for any person within the City
to knowingly receive or offer to or agree to receive any person into
any place or building for the purpose of performing a lewd act or
an act of prostitution or moral perversion or to knowingly permit
any person to remain in any place or building for any such purpose.
F.Â
It shall be unlawful for any person within the City
to direct, or offer to direct, any person to any place or building
for the purpose of committing any lewd act of prostitution or moral
perversion.
It shall be unlawful for any person within the
City to keep or maintain a house of ill fame or assignation or place
of prostitution or lewdness.
It shall be unlawful for any person within the
City to patronize, frequent, loiter or be found in or be a customer
of any house of ill fame or assignment or place for the practice of
prostitution or lewdness.
It shall be unlawful for any person within the
City to lease to another any house, room or other premises, in whole
or in part, for any of the uses or purposes set forth in this article
or to knowingly permit house, room or other premises to be used or
occupied for such purposes.
It shall be unlawful for any person within the
city, male or female, 17 years of age or older, to accost, solicit
or invite another in any public place or in or from any building or
vehicle by word, gesture or other means to commit prostitution or
do any other lewd or immoral act as defined in this article. This
shall not apply to any undercover law enforcement officer while in
performance of his or her duties as an enforcement officer.
