[Ord. No. 90-45 §8-140, 5-2-1990]
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:
PATRONIZING PROSTITUTION
Shall occur if:
1.
Pursuant to a prior understanding, a person gives something
of value to another person as compensation for that person or third
person having engaged in sexual conduct with him or with another;
2.
A person gives or agrees to give something of value to another
person on an understanding that in return therefor that person or
a third person will engage in sexual conduct with him or with another;
3.
A person solicits or requests another person to engage in sexual
conduct with him or with another, or to secure a third person to engage
in sexual conduct with him or with another, in return for something
of value.
PROSTITUTION
Shall occur if a person 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 person.
SEXUAL CONDUCT
Shall occur when there is:
1.
Sexual intercourse, which means any penetration, however slight,
of the female sex organ by the male sex organ, whether or not an emission
results;
2.
Deviate sexual intercourse, which means any sexual act involving
the genitals of one (1) person and the mouth, tongue or anus of another
person;
3.
Sexual contact, which means any touching, manual or otherwise,
of the anus or genitals of one (1) person by another, done for the
purpose of arousing or gratifying sexual desire of either party.
SOMETHING OF VALUE
Any money or property, or any token, object or article exchangeable
for money or property.
[Ord. No. 90-45 §8-145, 5-2-1990]
A person commits the offense of prostitution if he performs
an act of prostitution.
[Ord. No. 90-45 §8-150, 5-2-1990]
A person commits the offense of patronizing prostitution if
he patronizes prostitution.
[Ord. No. 90-45 §8-155, 5-2-1990]
A. In
any prosecution for prostitution or patronizing the sex of the parties
or prospective parties to the sexual conduct engaged in, contemplated
or solicited is immaterial, and it is no defense that:
1. Both persons where of the same sex;
2. The person who received, agreed to receive or solicited something
of value was a male and the person who gave or agreed or offered to
give something of value was a female.
[Ord. No. 90-45 §8-160, 5-2-1990]
A. Any
room, building or other structure regularly used for sexual contact
for pay or any unlawful prostitution activity prohibited by this Article
is a public nuisance.
B. The
City Attorney may, in addition to all sanctions available under this
Code, prosecute a suit in equity to enjoin the nuisance. If the Court
having jurisdiction 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, it 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 hearing the case.
D. Appeals
shall be allowed from the judgment of the Court having jurisdiction
over the case as in other civil actions.