[HISTORY: Adopted by the Mayor and Council of the City of Española as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 133.
Public dances — See Ch. 169.
Minors — See Ch. 241.
Offenses — See Ch. 260.
Peace and good order — See Ch. 270.
[Adopted as Ch. 10, Art. III, Div. 1, and Ch. 70, Art. V, Div. 1, of the Code of Ordinances]
A. 
Indecent dancing consists of a person knowingly and intentionally exposing his intimate parts to public view while dancing or performing in a licensed liquor establishment. The term "intimate parts" means the mons pubis, penis, testicles, mons veneris, vulva, female breast or vagina. As used in this section, the term "female breast" means the areola, and the word "exposing" does not include any act in which the intimate part is covered by any nontransparent material.
B. 
Whoever commits indecent dancing is guilty of a misdemeanor. A liquor licensee, his transferee or their lessee or agent who allows indecent dancing on the licensed premises is guilty of a petty misdemeanor and his license may be suspended or revoked pursuant to the provisions of law.
A. 
Indecent exposure consists of a person knowingly and intentionally exposing his primary genital area to public view. "Primary genital area" means the mons pubis, penis, testicles, mons veneris, vulva or vagina.
B. 
Whoever commits indecent exposure is guilty of a misdemeanor.
A. 
Indecent waitering consists of a person knowingly and intentionally exposing his intimate parts to public view while serving beverage or food in a licensed liquor establishment. The expression "intimate parts" means the mons pubis, penis, testicles, mons veneris, vulva, female breast or vagina. As used in this section, the term "female breast" means the areola, and the word "exposing" does not include any act in which the intimate part is covered by any nontransparent material.
B. 
Whoever commits indecent waitering is guilty of a misdemeanor.
C. 
A liquor licensee or his lessee or agent who allows indecent waitering on the licensed premises is guilty of a petty misdemeanor, and his license may be suspended or revoked pursuant to the provisions of law.
A. 
Prohibition. It shall be unlawful for any person to commit any of the acts defined or described in this section.
B. 
Prostitution. Prostitution consists of knowingly engaging in or offering to engage in sexual intercourse for hire.
C. 
Patronizing prostitutes. Patronizing prostitutes consists of:
(1) 
Entering or remaining in a house of prostitution with intent to engage in sexual intercourse with a prostitute; or
(2) 
Knowingly hiring a prostitute to engage in sexual intercourse.
D. 
Promoting prostitution. Promoting prostitution consists of any person:
(1) 
Knowingly establishing, owning, maintaining or managing a house of prostitution, or participating in the establishment, ownership, maintenance or management of a house of prostitution;
(2) 
Knowingly permitting any place which a person partially or wholly owned or controlled to be used as a house of prostitution;
(3) 
Knowingly procuring a prostitute for a house of prostitution;
(4) 
Knowingly inducing another to become a prostitute;
(5) 
Knowingly soliciting a patron for a prostitute or for a house of prostitution;
(6) 
Knowingly procuring a prostitute for a patron;
(7) 
Knowingly procuring transportation for, paying for the transportation of, or transporting a person within this state with the intention of promoting that person's engaging in prostitution; or
(8) 
Knowingly being employed by a house of prostitution to perform any function which constitutes promoting prostitution.
It shall be unlawful to practice or engage in fortunetelling, palmistry, reading futures and the like.
[1]
Editor’s Note: Former § 128-5, Possession of marijuana, amended 12-13-1988 by Ord. No. 436, which immediately followed, was repealed 12-14-2021 by Ord. No. 2021-10.