(A) Definition. A DISORDERLY HOUSE means any structure or vehicle by which the peace, comfort, health, welfare or decency of the public is disturbed by reason of the people therein committing or resorting to any of the following acts:
(1) The safe, distribution, possession or use of any controlled dangerous substance, the sale, distribution, possession or use of which is declared unlawful by state statute;
(2) The violation of any of the ordinances of the town or statutes of the state regulating the sale, distribution, possession or use of alcoholic beverages and low point beer as defined by law;
(3) The performance of any act of a sexual nature declared unlawful by state statute or town ordinance including, but not limited to, soliciting for purposes of prostitution; or
(4) The violation of any state statute or town ordinance prohibiting gambling.
(B) Prohibitions.
(1) No person shall keep or maintain, or aid, abet or assist in keeping and maintaining, a disorderly house.
(2) No owner, lessee, lessor or other person, partnership or corporation having control over any house, building, structure, tent, vehicle, mobile home or recreational vehicle shall knowingly use, lease, sublease or otherwise permit the use of same for the purpose of keeping therein any disorderly house, and knowing or ascertaining that such house, building, structure, tent, vehicle, mobile home or recreational vehicle is so occupied as a disorderly house. No persons, partnership or corporation shall continue to grant permission to so use such premises as a disorderly house.
(3) No person shall knowingly reside in, enter into, or remain in a disorderly house. In any prosecution for violation of this section, the town shall have the burden to prove such knowledge by direct evidence only and not by circumstantial evidence. This section shall not apply to physicians or officers in the discharge of their professional or official duties.
(Prior Code, § 5-3C-5) Penalty, see § 133.99