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§ 134.01 PROSTITUTION.
   (A)   Except as provided in division (C) below, any person who performs, offers or agrees to perform any act of sexual contact or sexual penetration, as those terms are defined in Neb. RS 28-318, with any person not his or her spouse, in exchange for money or other thing of value, commits the offense of prostitution.
   (B)   It is an affirmative defense to prosecution under this section that such person was a trafficking victim, as defined in Neb. RS 28-830.
   (C)   If the law enforcement officer determines, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of division (A) above is:
      (1)   A person engaging in those acts as a direct result of being a trafficking victim as defined in Neb. RS 28-830, such person shall be immune from prosecution for a prostitution offense; or
      (2)   A person under 18 years of age, such person shall be immune from prosecution for a prostitution offense under this section and shall be subject to temporary custody under Neb. RS 43-248 and further disposition under the Nebraska Juvenile Code. A law enforcement officer who takes a person under 18 years of age into custody under this section shall immediately report an allegation of a violation of Neb. RS 28-831 to the Department of Health and Human Services which shall commence an investigation within 24 hours under the Child Protection and Family Safety Act.
(Prior Code, §§ 2-111, 2-112) Penalty, see § 134.99
Statutory reference:
   Related provisions, see Neb. RS 28-801
§ 134.02 PUBLIC INDECENCY; INDECENT EXPOSURE; PUBLIC URINATION; INDECENT BOOK, PICTURE, PLAY OR DESIGN.
   It shall be unlawful for any person within the village to make an indecent exposure of his or her person; to urinate or defecate in public view; to commit any indecent or lewd act; to sell or offer for sale or to dispense of in any manner any obscene, lewd or indecent book, picture or other publication or thing; to exhibit or perform any indecent, immoral, lewd or obscene play or other representation; or in any public place to write, draw or make any profane, obscene, indecent or lewd work, sentence, figure or design.
(Prior Code, § 2-113) Penalty, see § 134.99
§ 134.03 GAMBLING.
   (A)   For the purpose of this section, the definitions found in Neb. RS 28-1101 shall be used.
   (B)   A person commits the offense of promoting gambling if he or she knowingly:
      (1)   Advances or profits from any unlawful gambling activity by:
         (a)   Engaging in bookmaking;
         (b)   Receiving, in connection with any unlawful gambling scheme or enterprise, any amount of money played in the scheme or enterprise in any one day; or
         (c)   Betting something of value in an amount of $500 or more with one or more persons in one day.
(Neb. RS 28-1102 and 28-1103)
      (2)   Participates in unlawful gambling as a player by betting less than $500 in any one day.
(Neb. RS 28-1104)
   (C)   (1)   A person commits the offense of possession of a gambling device if he or she manufactures, sells, transports, places, possesses or conducts or negotiates any transaction affecting or designed to affect ownership, custody or use of any gambling device, knowing that it shall be used in the advancement of unlawful gambling activity.
      (2)   The owner or operator of a retail establishment who is not a manufacturer, distributor or seller of mechanical amusement devices as defined under the Mechanical Amusement Device Tax Act, shall have an affirmative defense to possession of a gambling device described in division (C)(1) above if the device bears an unexpired mechanical amusement device decal as required by such act. However, such affirmative defense may be overcome if the owner or operator had actual knowledge that operation of the device constituted unlawful gambling activity at any time such device was operated on the premises of the retail establishment.
      (3)   Notwithstanding any other provisions of this division (C), any mechanical game or device classified by the federal government as an illegal gambling device and requiring a Federal Gambling Device Tax Stamp as required by the Internal Revenue Service in its administration of 26 U.S.C. §§ 4461 and 4462, amended 7-1-1965, by Public Law 89-44, is hereby declared to be illegal.
(Neb. RS 28-1107)
   (D)   In any prosecution under this section, it shall be an affirmative defense that the writing, paper, instrument or article possessed by the defendant was neither used, nor intended to be used in the advancement of an unlawful gambling activity.
(Neb. RS 28-1108)
   (E)   Proof of possession of any gambling device shall be prima facie evidence of possession thereof with knowledge of its contents and character.
(Neb. RS 28-1109)
   (F)   It shall be no defense to a prosecution under any provision of this section relating to gambling that the gambling is conducted outside the village and is not in violation of the laws of the jurisdiction in which it is conducted.
(Neb. RS 28-1110)
   (G)   In addition to any other penalty, a sentencing court may order that any money, securities, negotiable instruments, firearms, conveyances or electronic communication devices as defined in Neb. RS 28-833 or any equipment, components, peripherals, software, hardware or accessories related to electronic communication devices, or any gambling devices be forfeited as a part of the sentence imposed if it finds by clear and convincing evidence adduced at a separate hearing in the same prosecution, conducted pursuant to Neb. RS 28-1601, that any or all such property was derived from, used or intended to be used to facilitate a violation of this section.
(Neb. RS 28-1111)
   (H)   In any prosecution for an offense defined in this section, when the defendant’s status as a player constitutes an excusing condition, the fact that the defendant was a player shall constitute an affirmative defense.
(Neb. RS 28-1112)
   (I)   Nothing in this section shall be construed to:
      (1)   Apply to or prohibit wagering on the results of horse races by the parimutuel or certificate method when conducted by licensees within the racetrack enclosure at licensed horse race meetings;
      (2)   Prohibit or punish the conducting or participating in any bingo, lottery by the sale of pickle cards, lottery, raffle or gift enterprise when conducted in accordance with the Nebraska Bingo Act, the Nebraska County and City Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, the State Lottery Act or Neb. RS 9-701; or
      (3)   Apply to or prohibit the operation of games of chance, whether using a gambling device or otherwise, by authorized gaming operators within licensed racetrack enclosures or the participation or playing of such games of chance, whether participated in or played using a gambling device or otherwise, by individuals 21 years of age or older within licensed racetrack enclosures as provided in the Nebraska Racetrack Gaming Act.
(Neb. RS 28-1113)
   (J)   In any prosecution under this section in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine or other periodically printed publication of general circulation shall be admissible in evidence and shall constitute prima facie evidence of the occurrence of the event.
(Neb. RS 28-1117)
Penalty, see § 134.99
§ 134.04 PUBLIC NUDITY.
   (A)   Statement of intent. It is the intent of this section to promote the public health, safety, welfare, peace and order of the county. It is the intent of the county to prohibit the exploitation of human nudity for the purpose of promoting the economic interests of any type of business enterprise. It is also the intent of the county to further the government’s interest in avoiding the harmful secondary effects of public nude conduct and lewd or lascivious conduct such as prostitution, sexual assaults and criminal activity. See, e.g., Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Pap’s AM v. City of Erie, 529 U.S. 277 (2000); Ways v. City of Lincoln, 331 F.3d 596 (8th Cir. 2003). The legislative record documents and the Board’s legislative findings concerning negative secondary effects, which are found in § 7.16.01 of the Cass County Zoning Resolution (through Amendment 67), are incorporated herein by reference. This prohibition on public nude conduct and lewd or lascivious behavior is not intended to extend to any expression of opinion or the performance of a bona fide play, ballet or drama which may not be prohibited under the First Amendment to the Constitution of the United States or by Art. I, § 5, of the Constitution of the State of Nebraska. The provisions of this section have neither the purpose, nor effect, of imposing a limitation or restriction on exercises of free speech that are protected by the First Amendment.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include words in the plural number. The word “shall” is always mandatory, and not merely directory.
      EMPLOYEE. Any person who works on the premises of a business, on a full-time, part-time, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, lessee or otherwise. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
      NUDE, NUDITY or A STATE OF NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering on any part of the areola and nipple, or the showing of covered male genitals in a discernibly turgid state.
      PUBLIC PLACE. All spaces owned by or open to the general public, whether or not an admission or cover charge is levied for entrance thereto; and public streets, sidewalks, alleys or other public thoroughfares, and areas in or such close proximity thereto, as to be observed by the public traveling on such street, sidewalk or other thoroughfare.
   (C)   Nudity prohibited. It shall be unlawful for a person to, knowingly or intentionally, in a public place or in any place open to the public, appear nude or in a state of nudity.
   (D)   Sexual contact prohibited.
      (1)   It shall be unlawful for any employee in any business or commercial establishment to have any sexual contact with any other employee, person or patron for gratuity, pay or other remuneration, direct or indirect.
      (2)   It shall be unlawful for any person or patron to have sexual contact with any employee in any business or commercial establishment.
      (3)   For the purposes of this division (D), SEXUAL CONTACT shall mean the intentional touching between any person, patron or employee involving contact by or with any person’s, patron’s or employee’s sexual organ, buttock(s) or breast(s), whether covered or not, or kissing, when such contact can reasonably be construed as being for the purpose of sexual arousal or sexual gratification of either party or any observer.
      (4)   It shall be unlawful for any person purposely or knowingly to solicit, induce or attempt to induce another person to engage in an act or acts prohibited hereunder.
      (5)   It shall be unlawful for the owner, lessee, proprietor or manager of any business or commercial establishment to knowingly allow any person on the premises of such business or commercial establishment to engage in an act or acts prohibited hereunder.
   (E)   Exceptions.
      (1)   No person shall be in violation of this section for breastfeeding a child.
      (2)   This section shall not apply to children under the age of 12 years old.
      (3)   No person shall be in violation of this section for appearing nude or in a state of nudity in any dressing/changing room, locker room, restroom facility or hospital, clinic or other similar medical facility in which appearing nude or in a state of nudity is necessary for health-related purposes.
      (4)   No person shall be in violation of this section for appearing nude or in a state of nudity in the presence of a licensed physical therapist, licensed massage therapist, licensed athletic trainer or licensed cosmetologist, engaged in performing the functions authorized under the license held.
      (5)   This section shall not apply to models that are part of a nude modeling studio that is part of a proprietary school licensed by the State of Nebraska; or a college or junior college or university supported entirely or in part by public taxation; or a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation.
      (6)   This section shall also not apply to the exhibition, presentation, showing or performance of any play, ballet, drama, tableau, production or motion picture in any theater, concert hall, art center, museum, school, institution of higher learning or other similar establishment which is primarily devoted to such exhibitions, presentations, shows or performances as a form of expression of opinion, communication, speech, ideas, information, art or drama.
(Ord. 16-02, passed 8-2-2016) Penalty, see § 134.99
§ 134.05 SEXUAL PREDATORS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      CHILD CARE FACILITY. A facility licensed pursuant to the Child Care Licensing Act of the state.
      SCHOOL. A public, private, denominational or parochial school which meets the requirements for accreditation or approval prescribed by Nebraska law.
      SEX OFFENDER. An individual who has been convicted of a crime listed in Neb. RS 29-4003 and who is required to register as a sex offender pursuant to the Nebraska Sex Offender Registration Act.
      SEXUAL PREDATOR. An individual required to register under the Nebraska Sex Offender Registration Act, who has a high risk of recidivism as determined by the Nebraska State Patrol and who has victimized a person 18 years of age or younger.
(Prior Code, § 2-701)
   (B)   Residency restrictions.
      (1)   It is hereby determined unlawful for any sexual predator to reside within 500 feet of a school or childcare facility.
      (2)   For the purpose of determining the minimum distance separation, the distance shall be measured at a straight line from the closest point to the sexual predator’s place of residence property line to the property line of the school or childcare facility.
(Prior Code, § 2-702)
   (C)   Exceptions. These restrictions shall not apply to sexual predators who are housed in a prison, correctional facility or treatment facility operated by the state or county or to anyone who established a residency within such minimum distance before 7-1-2006, and has not moved from that residence since that date or who has established a residence subsequent to 7-1-2006, but a school or childcare facility has been established since such date within such minimum distance.
(Prior Code, § 2-703)
(Ord. 2006-08, passed 9-5-2006) Penalty, see § 134.99
§ 134.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
   (B)   Any person found to be in violation of § 134.04 of this chapter shall be guilty of a crime, punishable by a maximum of a $500 fine.
   (C)   Any person, firm, association or corporation violating any of the provisions of § 134.05 of this chapter for which no other penalty is imposed shall, upon conviction, be deemed guilty of a misdemeanor and be fined in an amount of not more than $500. Each day’s maintenance of a misdemeanor shall constitute a separate offense.
(Prior Code, § 2-801)
(Ord. 2006-08, passed 9-5-2006; Ord. 16-02, passed 8-2-2016)