[Ord. No. 161 §§1
— 2, 7-1-1993; Ord. No. 1001 §1, 2-28-2008; Ord. No. 1582 §1, 10-19-2016]
As used in this Article, the following terms mean:
The showing of the human genitals, pubic area, vulva, anus,
anal cleft, or the female breast with less than a fully opaque covering
of any part of the nipple or areola.
Non-transparent clothing or other similar object or substance.
This term does not include body paint, body dyes, tattoos, liquid
latex, whether wet or dried, and other similar substances.
Any live human being ten (10) years of age or older.
Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places
include, but are not limited to, streets, sidewalks, parks, business
and commercial establishments (whether for profit or not for profit,
whether open to the public at large, or whether entrance is limited
by a cover charge or membership requirement), hotels, motels, restaurants,
night clubs, country clubs, cabarets, and meeting facilities utilized
by any religious, social, fraternal or similar organization. Premises,
or portions thereof, such as hotel rooms, used solely as a private
residence, whether permanent or temporary in nature, shall not be
deemed to be a public place.
Means sexual intercourse or sexual contact.
Any touching of another person with the genitals or any touching
of the genitals or anus of another person, or the breast of a female
person, or such touching through the clothing, for the purpose of
arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim.
Any penetration, however slight, of the female genitalia
by the penis, or any act involving the genitals of one person and
the hand, mouth, tongue, or anus of another person or a sexual act
involving the penetration, however slight, of the penis, female genitalia,
or the anus by a finger, instrument or object done for the purpose
of arousing or gratifying the sexual desire of any person or for the
purpose of terrorizing the victim.
Money or property or any token, object or article exchangeable
for money or property.
A person commits the offense of prostitution if he or she engages
in or offers or agrees to engage in sexual conduct with another person
in return for something of value to be received by any person.
[1]
Editor's Note: Under certain circumstances this offense can
be a felony under state law.
A.
A person commits the offense of patronizing prostitution if he/she:
1.
Pursuant to a prior understanding, gives something of value
to another person as compensation for having engaged in sexual conduct
with any person; or
2.
Gives or agrees to give something of value to another person
with the understanding that such person or another person will engage
in sexual conduct with any person; or
3.
Solicits or requests another person to engage in sexual conduct
with any person in return for something of value.
B.
It shall not be a defense that the person believed that the individual
he/she patronized for prostitution was eighteen (18) years of age
or older.
[1]
Editor's Note: Under certain circumstances this offense can
be a felony under state law.
A.
Any room, building or other structure regularly used for any prostitution activity prohibited by this Article VIII is a public nuisance.
B.
The City Prosecuting Attorney may, in addition to all other 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 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 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 sexual misconduct if such person:
1.
Appears in a state of nudity 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 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 in a public place in the presence of
a third person.
B.
Notwithstanding any other provision of this Section 210.480 to the contrary, a mother may breast-feed her child or express breast milk in any public or private location where the mother is otherwise authorized to be. The act of a mother breast-feeding a child or expressing breast milk in a public or private location where the mother and child are otherwise authorized to be shall not constitute sexual misconduct under this Section.
C.
Any person who knowingly or intentionally does or engages in any of the actions described in Subsection (A), Subparagraph (1) shall not be guilty of sexual misconduct if the actions take place in a sexually oriented business, as defined in Section 607.020, and that is operated in accordance with Chapter 607, and other applicable laws and ordinances of the City.
