[R.O. 2012 §215.520; CC 1992 §13-13; Ord. No. 1633, 4-11-1983]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
A person patronizes prostitution if:
Pursuant to a prior understanding, he/she gives something of
value to another person as compensation for that person or a third
(3rd) person having engaged in sexual conduct with him/her or with
another;
He/she gives or agrees to give something of value to another
person on an understanding that in return therefor that person or
a third (3rd) person will engage in sexual conduct with him/her or
with another; or
He/she solicits or requests another person to engage in sexual
conduct with him/her or with another, or to secure a third (3rd) person
to engage in sexual conduct with him/her or with another, in return
for something of value.
A person commits prostitution if he/she engages or offers
or agrees to engage in sexual conduct with another person in return
for something of value to be received by the person or by a third
(3rd) person.
Sexual conduct occurs when there is:
Sexual intercourse, which means any penetration, however slight,
of the female sex organ by the male sex organ, whether or not an emission
results;
Deviate sexual intercourse, which means any sexual act involving
the genitals of one (1) person and the mouth, hand, tongue or anus
of another person; or
Sexual contact, which means any touching, manual or otherwise,
of the anus or genitals of one person by another, done for the purpose
of arousing or gratifying sexual desire of either party.
Any money or property, or any token, object or article exchangeable
for money or property.
[R.O. 2012 §215.530; CC 1992 §13-14; Ord. No. 1633, 4-11-1983]
A person commits the offense of prostitution if he/she performs
an act of prostitution.
[R.O. 2012 §215.540; CC 1992 §13-15; Ord. No. 1633, 4-11-1983]
A person commits the offense of patronizing prostitution if
he/she patronizes prostitution.
[R.O. 2012 §215.550; CC 1992 §13-16; Ord. No. 1633, 4-11-1983]
A.
In
any prosecution for prostitution or patronizing a prostitute, the
sex of the two (2) parties or prospective parties to the sexual conduct
engaged in, contemplated or solicited is immaterial, and it is no
defense that:
[R.O. 2012 §215.560; CC 1992 §13-17; Ord. No. 1633, 4-11-1983]
A.
Any
room, building or other structure regularly used for sexual contact
for pay or any unlawful prostitution activity prohibited by this Chapter
is a public nuisance.
B.
The
City Attorney may, in addition to all criminal sanctions, prosecute
a suit in equity to enjoin the nuisance. If the court finds that the
owner of the room, building or structure knew or had reason to believe
that the premises were being used regularly for sexual contact for
pay or unlawful prostitution activity, the court may order that the
premises shall not be occupied or used for such period as the court
may determine, not to exceed one (1) year.
C.
All
persons, including owners, lessees, officers, agents, inmates or employees,
aiding or facilitating such a nuisance may be made defendants in any
suit to enjoin the nuisance, and they may be enjoined from engaging
in any sexual contact for pay or unlawful prostitution activity anywhere
within the jurisdiction of the court.
D.
Appeals
shall be allowed from the judgment of the court as in other civil
actions.
A.
A person
commits the offense of indecent exposure (sexual misconduct) if such
person:
1.
Exposes his/her genitals under circumstances in which he/she knows
that his/her conduct is likely to cause affront or alarm;
2.
Has sexual contact in the presence of a third (3rd) person or persons
under circumstances in which he/she knows that such conduct is likely
to cause affront or alarm; or
3.
Has sexual intercourse or deviate sexual intercourse in a public
place in the presence of a third (3rd) person.
[R.O. 2012 §215.580; CC 1992 §13-18; Ord. No. 2118 §§1 — 2, 7-12-1993]
A.
BATHHOUSE
DISPLAYS PUBLICLY
JUICE BARS
MASSAGE SHOP
MODELING STUDIO
NUDITY
OBSCENE
1.
2.
3.
SEXUAL CONDUCT
Definitions. For
purposes of this Section, the following definitions shall apply:
An establishment or business which provides the services
of baths of all kinds, including all forms and methods of hydrotherapy,
unless operated or supervised by a medical or chiropractic practitioner
or professional physical therapist licensed by the State.
Exposing, placing, posting, exhibiting, or in any fashion
displaying in any location, whether public or private, an item in
such manner that it may be readily seen and its content or character
distinguished by normal unaided vision viewing it from a street, highway
or public sidewalk, or from the property of others or from any portion
of the person's store, or the exhibitor's store or property when items
and material other than this material are offered for sale or rent
to the public.
Any building, structure or facility which contains or is
used entirely or partially for commercial entertainment, live or produced
by virtue of any mechanical or electrical means to include, but not
limited to, transmissions through airwaves, transmission via co-axial
cable and transmission via any form of electrical line or wire, is
provided wherein alcoholic beverages are not served.
An establishment which has a fixed place of business having
a source of income or compensation sixty percent (60%) or more of
which is derived from the practice of any method of pressure on, or
friction against or stroking, kneading, rubbing, tapping, pounding,
vibrating or stimulation of external parts of the human body with
the hands or with the aid of any mechanical electric apparatus or
appliances with or without such supplemental aids as rubbing alcohol,
liniments, antiseptics, oils, powders, creams, lotions, ointments
or other similar preparations commonly used in the practice of massage,
under such circumstances that it is reasonably expected that the person
to whom the treatment is provided or some third (3rd) person on his/her
behalf will pay money or give any other consideration or gratuity;
provided that, this term shall not include any establishment operated
or supervised by a medical or chiropractic practitioner or professional
physical therapist licensed by the State.
An establishment or business which provides for a fee or
compensation the services of modeling on premises for the purpose
of reproducing the human body, wholly or partially, in the nude by
means of photography, painting, sketching, drawing or otherwise. This
does not apply to public or private schools wherever persons are enrolled
in a class.
The showing of post-pubertal human genitals or pubic area,
with less than a fully opaque covering.
Any material or performance is obscene if:
Applying contemporary community standards, its predominant appeal
is to prurient interest in sex;
Taken as a whole with the average person, applying contemporary
community standards, it depicts or describes sexual conduct in a patently
offensive way; and
Taken as a whole, it lacks serious literary, artistic, political
or scientific value.
Actual or simulated, normal or perverted acts of human masturbation;
deviant sexual intercourse; sexual intercourse; or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks
or the breast of a female in an act of apparent sexual stimulation
or gratification or any sadomasochistic abuse or acts including animals
or any latent objects in an act of apparent sexual stimulation or
gratification.
B.
Prohibited Acts.
1.
Displaying for public view any item which is obscene in nature as
defined in this Section.
2.
The live performance of acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation or
any other sexual acts which are prohibited by State law in any commercial
or retail establishment to explicitly include, but not limited to,
any establishment which sells intoxicating liquor, juice bars, bathhouses,
massage shops or modeling studios.
3.
Displaying for public view, whether or not any fee is charged therefore,
of any film, video program, picture, electronic simulation or other
form of simulation depicting acts, the live performances of which
are prohibited by this regulation.
4.
Permitting any person to remain in or upon the licensed premises
of any commercial or retail establishment who exposes to public view
any portion of his/her genitals or anus.
