Chapter 9.36
OFFENSES AGAINST PUBLIC DECENCY
Sections:
9.36.010 Declaration as a nuisance.
9.36.030 Promoting prostitution.
9.36.050 Alternative remedies.
9.36.010 Declaration as a nuisance.
Any place where prostitution, promoting prostitution or nudity in massage is conducted or carried on as described in GMC Sections 9.36.020, 9.36.030 and 9.36.040, is declared a nuisance and may be enjoined and abated as described in GMC Sections 9.36.050 and 9.36.060.
Statutory Reference: ORS 167.060 to 167.095
History: Ord. 1030 §2, 1984.
9.36.020 Definitions.
(1) “Sexual contact” means any touching of the sexual or other intimate parts of a person not married to the actor or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.
(2) Definitions, as used in this section:
(a) “Massage” means pressure on, friction against, stroking, kneading the body by manual or mechanical means, and gymnastics, with or without appliances such as vibrators, infrared heat, sunlamps and external baths for the purpose of maintaining good physical conditions.
(b) “Massage business” means the operation of an establishment where massage is given.
(c) “Nudity” means uncovered, or less than opaquely covered, post pubertal human genitals, pubic areas, the post pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For the purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.
(d) “Practice of massage” means the performance of massage for compensation, either as the owner of or as an employee in a massage business.
Statutory Reference: ORS 167.002 to 167.027
History: Ord. 1030 §2, 1984.
9.36.025 Prostitution.
A person commits the offense of prostitution if:
(1) He engages in or agrees to engage in sexual contact in return for a fee; or
(2) He pays or offers or agrees to pay a fee to engage in sexual contact.
Statutory Reference: ORS 167.007
History: Ord. 1030 §2, 1984.
9.36.030 Promoting prostitution.
A person commits the offense of promoting if, with intent to promote prostitution, he knowingly:
(1) Owns, controls, manages, supervises or otherwise maintains a place or enterprise where prostitution takes place.
(2) Induces or causes a person to engage in prostitution or remain in a place where prohibited touching takes place.
(3) Receives or agrees to receive money or other property, other than as a prostitute being compensated for personally rendered prostitution services, pursuant to an agreement or understanding that the money or other property is derived from a prohibited touching activity.
(4) Engages in any conduct that institutes, aids or facilitates an enterprise of prohibited touching.
Statutory Reference: ORS 167.012
History: Ord. 1030 §2, 1984.
9.36.040 Nudity in massage.
A person commits the offense of nudity in massage if:
(1) He appears in a state of nudity while engaged in the practice of massage.
(2) He, as a principal, agent, officer or employee of a massage business, appears in a state of nudity in any portion of a massage establishment where massage is given or where there is any patron of the establishment.
(3) He, as a principal, agent, officer or employee of a massage business, causes, permits, aids or abets any violation of this section by any agent or employee of the massage business.
Statutory Reference: ORS 221.410
History: Ord. 1030 §2, 1984.
9.36.050 Alternative remedies.
Whenever a nuisance exists under GMC Section 9.36.010, the City Attorney may maintain a suit in equity in the name of the city perpetually enjoining such nuisance and for its abatement. Such suit may be brought regardless of whether any individuals have been convicted under the provisions of GMC Section 9.36.060.
Statutory Reference: ORS 221.410
History: Ord. 1030 §2, 1984.
9.36.060 Violation—Penalty.
(1) Any violation of this chapter is a Class “A” infraction.
(2) Any person, firm or corporation continuing, committing or permitting any violation of this chapter on more than one day shall be guilty of a separate offense for each day of violation.
Statutory Reference: ORS 221.410
History: Ord. 1030 §2, 1984.