Chapter 9.16
OFFENSES AGAINST PUBLIC MORALS
Sections:
9.16.030 Prostitution loitering.
9.16.040 Patronizing a prostitute.
9.16.050 Prostitution and patronizing – Sex immaterial to defense.
9.16.060 Promoting prostitution.
9.16.070 Permitting prostitution.
9.16.080 Displaying erotic material.
9.16.100 Body studios and on-premises dating services – Defined – Prohibited.
9.16.010 Definitions.
The following definitions shall apply to this chapter:
A. “Commit prostitution” means to engage in sexual conduct for a fee, but does not include sexual conduct engaged in as part of any stage performance, play or other entertainment open to the public.
B. “Erotic material” means motion pictures, photographs, pictures, printed material and other such objects depicting:
1. Human sexual intercourse;
2. Masturbation;
3. Sodomy (i.e., bestiality or oral or anal intercourse);
4. Direct physical stimulation of unclothed genitals;
5. Flagellation or torture in the context of sexual relationships; or
6. An emphasized depiction of bare adult human genitals; provided, however, that this definition applies only to those works which, applying the average standards of the city, taken as a whole, appeal to the prurient interest of persons, and which lack serious literary, artistic, political or scientific value.
C. “Known prostitute or panderer” means a person who within one year previous to the date of arrest for violation of this chapter, has, within the knowledge of the arresting officer, been convicted of an offense involving prostitution.
D. “Lewd act” means public:
1. Exposure of one’s genitals or female breasts; or
2. Touching, caressing or fondling of the genitals or female breasts; or
3. Urination or defecation in a place other than a washroom or toilet room; or
4. Masturbation; or
5. Sexual intercourse; or
6. Flagellation or torture in the context of a sexual relationship; or
7. Sodomy (i.e., bestiality or oral or anal intercourse).
Provided, however, that this definition applies only to those works which, applying the average standards of the city, taken as a whole, appeal to the prurient interest of persons and which lack serious literary, artistic, political or scientific value.
E. “Public place” means an area generally visible to public view, and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the public, whether or not limited to persons over a specified age, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them. (Ord. 213 § 5(A), 1977).
9.16.020 Prostitution.
A. A person is guilty of prostitution if such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.
B. This section shall not apply to offers to engage in sexual conduct engaged in as part of a stage performance, play or other entertainment open to members of the public. (Ord. 213 § 5(B), 1977).
9.16.030 Prostitution loitering.
A. A person is guilty of prostitution loitering if such person remains in a public place and intentionally solicits, induces, entices or procures another to commit prostitution.
B. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that the actor:
1. Repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation; or
2. Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or other bodily gestures; or
3. Is a known prostitute or panderer. (Ord. 213 § 5(C), 1977).
9.16.040 Patronizing a prostitute.
A person is guilty of patronizing a prostitute if:
A. Pursuant to prior understanding, he pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or
B. He pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct with him; or
C. He solicits or requests another person to engage in sexual conduct with him in return for a fee. (Ord. 213 § 5(D), 1977).
9.16.050 Prostitution and patronizing – Sex immaterial to defense.
In any prosecution for prostitution or patronizing a prostitute, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated or solicited is immaterial, and it is no defense that:
A. Such persons were of the same sex; or
B. The person who received, agreed to receive, or solicited a fee, was a male, and the person who paid or agreed or offered to pay such a fee was a female. (Ord. 213 § 5(E), 1977).
9.16.060 Promoting prostitution.
A person is guilty of promoting prostitution if:
A. Acting other than as a prostitute or as a customer thereof, he knowingly:
1. Causes or aids a person to commit or engage in prostitution; or
2. Procures or solicits customers for prostitution; or
3. Provides persons or premises for prostitution purposes; or
4. Operates or assists in the operation of a house of prostitution or a prostitution enterprise; or
5. Engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution; or
6. Acting other than as a prostitute receiving compensation for personally rendered prostitution services, he accepts or receives money or other property pursuant to an agreement or understanding with a person whereby he participates or is to participate in the proceeds of prostitution activity. (Ord. 213 § 5(F), 1977).
9.16.070 Permitting prostitution.
A person is guilty of permitting prostitution if, having possession or control of premises which he knows are being used for prostitution purposes, he fails to make reasonable effort to halt or abate such use. (Ord. 213 § 5(G), 1977).
9.16.080 Displaying erotic material.
A person who, having knowledge of the contents thereof, knowingly places or causes another to place, for sale or otherwise, erotic material upon display in a public place, or knowingly fails to take prompt action to remove such public display from property in his possession after learning of its existence, is guilty of displaying erotic material; provided, however, the display of written material depicting the activity enumerated in YMC 9.16.010(B), will not by itself constitute an offense. (Ord. 213 § 5(H), 1977).
9.16.090 Lewd conduct.
A. A person is guilty of lewd conduct if he intentionally performs a lewd act in a public place or at a place and under circumstances where such act could be observed by any member of the public.
B. The owner, manager or operator of premises open to the public is guilty of permitting lewd conduct if he intentionally permits or causes any lewd act on such premises. (Ord. 213 § 5(I), 1977).
9.16.100 Body studios and on-premises dating services – Defined – Prohibited.
A. It is unlawful for any person to operate, conduct, maintain, participate in or advertise a body studio or on-premises dating service, as defined in this section, or to knowingly be employed, participate in or conduct any business on the premises of a body studio or on-premises dating service.
B. As used in this chapter, a “body studio” means any premises, other than a massage parlor licensed as such, upon which is furnished, for a fee or charge, the opportunity to paint, massage, feel, handle or touch the unclothed body or unclothed portion of the body of another person with intent to arouse the prurient interest of any person, or to be so painted, massaged, felt, handled or touched by another person, or to observe or photograph any such activity. This includes any such premises which is advertised or represented to be a body painting studio, model studio, sensitivity awareness studio, communications center, or any other such characterization which leads to a reasonable belief that there will be furnished on such premises for a fee or charge the opportunity to paint, massage, feel, handle or touch the unclothed body or an unclothed portion of the body of another person with intent to arouse the prurient interest of any person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity.
C. “On-premises dating service” means any premises which is advertised or represented as, or is, a dating service or studio, or any other expression or characterization which conveys the same or similar meaning, and which renders its services on its premises, and leads to the reasonable belief that there will be furnished on such premises, for a fee or charge, the opportunity to massage, feel, handle, caress or touch the unclothed body or unclothed portion of the body of another person with intent to arouse the prurient interest of any person, or to be so massaged, felt, handled, touched, or caressed by another person. (Ord. 213 § 5(J), 1977).