It is unlawful for a person to be a "peeping person" on or about
the premises of another or to go upon the premises of another for
the purpose of becoming a peeping person. The term "peeping person,"
as used in this section, is defined as a person who peeps through
windows, doors, or other like places, on or about the premises of
another, for the purpose of spying upon or invading the privacy of
the persons spied upon, and any other conduct of a similar nature
that tends to invade the privacy of others. The term "peeping person"
also includes any person who employs the use of video or audio equipment
for the purposes set forth in this section.
Voyeurism is prohibited in the Town. A person commits the crime
of voyeurism if, for the purpose of arousing or gratifying the sexual
desire of any person, he or she knowingly views, photographs, audio
records, video records, or films another person, without that person's
knowledge and consent, while the person is in a place where he or
she would have a reasonable expectation of privacy.
Trespassing is prohibited in the Town. A person commits the
crime of trespassing:
A. If he or
she enters someone's property without permission or lawful excuse
by any means, regardless of the intentions or whether damage is done
to the property.
B. If he or
she is on someone's property when permission to be there was granted
and later revoked by the owner or occupier of the property.
C. If he or
she obtains permission to enter someone's property for one purpose
and does something else.
As used in this chapter, the following terms shall have the
meanings indicated:
PLACE WHERE A PERSON WOULD HAVE A REASONABLE EXPECTATION OF
PRIVACY
A.
A place where a reasonable person would believe that he or she
could disrobe in privacy, without being concerned that his or her
undressing was being photographed, filmed, or videotaped by another;
or
B.
A place where one would reasonably expect to be safe from hostile
intrusion or surveillance.
SURVEILLANCE
Secret observation of the activities of another person for
the purpose of spying upon and invading the privacy of the person.
VIEW
The intentional looking upon of another person for more than
a brief period of time, in other than a casual or cursory manner,
with the unaided eye or with a device designed or intended to improve
visual acuity.
The following activities shall not be subject to the prohibitions
set forth in this chapter:
A. Viewing, photographing, videotaping, or filming by personnel of the
Department of Corrections or of a county, municipal, or local jail
or detention center or correctional facility for security purposes
or during investigation of alleged misconduct by a person in the custody
of the Department of Corrections or a county, municipal, or local
jail or detention center or correctional facility.
B. Security surveillance for the purposes of decreasing or prosecuting
theft, shoplifting, or other security surveillance measures.
C. Any official law enforcement activities.
D. Private detectives and investigators conducting surveillance in the
ordinary course of business.
E. Any bona fide news gathering activities.