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§ 132.30 PROSTITUTION.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      KNOWN PROSTITUTE OR PROCURER. A person who, within one year prior to the date of the suspected violation of this section, has, within the knowledge of the arresting officer, been convicted of a violation of this section or has been convicted of violating any statute or ordinance of any jurisdiction which makes prostitution or soliciting for the purpose of prostitution unlawful.
      PROSTITUTION. The giving or receiving of the body for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any thing of value; or the making of any appointment or engagement for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value.
   (B)   Prohibited acts. It is unlawful:
      (1)   To engage in prostitution, lewdness or assignation;
      (2)   To solicit, induce, entice or procure another to commit an act of lewdness, assignation or prostitution; or
      (3)   To aid, abet or participate in the doing of any of the acts herein prohibited.
   (C)   Keeping or housing prostitute. No person shall in any way or manner whatever, keep, harbor or house any prostitute.
   (D)   Enticing person into house of prostitution. No person shall entice or attempt to entice any person into a house of prostitution, or have illicit sexual intercourse with any person under 18 years of age.
   (E)   Maintaining or leasing house of prostitution.
      (1)   No person shall keep or maintain a house of prostitution or house of assignation.
      (2)   No person shall lease, let or furnish any building, room, tent or structure of any kind, or any conveyance used or to be used as a place of prostitution or assignation within the town, or knowingly permit the same to be so used.
   (F)   Accepting money from prostitute. No person shall knowingly accept, receive, levy or appropriate any money or other thing of value without consideration from a prostitute or from the proceeds of any persons engaged in prostitution.
   (G)   Securing or transferring another for prostitution.
      (1)   No person shall offer, or offer to secure, another for the purpose of prostitution, or for any other lewd or indecent act.
      (2)   No person shall direct, take or transport, or offer or agree to take or transport, or aid or assist in transporting, any person to any house, place, building or other structure, vehicle, trailer or other conveyance, or to any other person with knowledge or having reasonable cause to believe that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation.
   (H)   Soliciting in public; arrest.
      (1)   It is unlawful for a person to be present in a public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution.
      (2)   Among the circumstances which may be considered in determining whether such a purpose is manifested are: that such person is a known prostitute or procurer; that such person repeatedly beckons to, stops or attempts to stop or engage passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture.
      (3)   No arrest shall be made for a violation of this division (H) unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this division (H) if it appears at trial that the explanation given was true and disclosed a lawful purpose.
(Prior Code, § 5-4A-17) Penalty, see § 132.99
§ 132.31 OFFENSES NEAR SCHOOL.
   No person shall engage in any of the conduct or acts hereinafter set forth around, in or near any school or school grounds or streets and alleys adjacent to any school:
   (A)   Any conduct that would disturb the orderly conduct of the school;
   (B)   Annoying or molesting any student or employee of the school;
   (C)   Lewd or wanton conduct in, near or around any of the schools or school grounds or streets and alleys adjacent to the schools;
   (D)   Moving or parking any vehicle in the vicinity of any school for the purpose of annoying or molesting any student or employee of the school; or
   (E)   Any other act or conduct calculated to or likely to annoy or molest any student or employee of such school.
(Prior Code, § 5-4A-18) Penalty, see § 132.99
§ 132.32 SLEEPING IN PUBLIC PLACES OR ON PRIVATE PROPERTY.
   It is unlawful for any person, without lawful reason, between the hours of 12:00 a.m. and sunrise, to sleep on any street, in any other public place, or on any property of another without the expressed or tacit consent of the owner or person in charge of such place.
(Prior Code, § 5-4A-19) Penalty, see § 132.99
§ 132.33 CONTRIBUTING TO DELINQUENCY OF A MINOR.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ANY PERSON. Any human being, without regard to the legal or natural relationship to a minor, as well as legal or corporate entities.
      MINOR. Any person under the age of 18 years.
   (B)   Committing offense. Any person who shall knowingly or willfully cause, aid, abet or encourage a minor to be, to remain or to become a delinquent child, as defined by state law, shall be guilty of an offense.
(Prior Code, § 5-5-2) Penalty, see § 132.99
§ 132.34 TOBACCO TO MINORS PROHIBITED.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      PERSON. Any individual, firm, fiduciary, partnership, corporation, trust or association, however formed.
      PROOF OF AGE. A driver’s license, license for identification only, or other generally accepted means of identification that describes the individual as 18 years of age or older and contains a photograph or other likeness of the individual and appears on its face to be valid.
      SAMPLE. A tobacco product distributed to members of the public at no cost for the purpose of promoting the product.
      SAMPLING. The distribution of samples to members of the public in a public place.
      TOBACCO PRODUCT. Any product that contains tobacco and is intended for human consumption.
   (B)   Unlawful to sell or furnish.
      (1)   Prohibition. It is unlawful for any person to sell or furnish in any manner any tobacco product to another person who is under 18 years of age, or to purchase in any manner a tobacco product on behalf of any such person. However, it shall not be unlawful for an employee under 18 years of age to handle such products when required in the performance of the employee’s duties.
      (2)   Demand proof of age. A person engaged in the sale or distribution of tobacco products shall demand proof of age from a prospective purchaser or recipient if an ordinary person would conclude on the basis of appearance that the prospective purchaser may be under 18 years of age.
   (C)   Unlawful to purchase, accept or possess. It is unlawful for a person who is under 18 years of age to purchase, accept receipt of, or have in their possession a tobacco product, or to present or offer to any person any purported proof of age which is false, fraudulent or not actually his or her own, for the purpose of purchasing or receiving any tobacco product. It shall not be unlawful for such a person to handle such tobacco product when required in the performance of such person’s duties.
   (D)   Distribution of tobacco samples.
      (1)   Prohibition. It shall be unlawful for any person to distribute tobacco product samples to any person under 18 years of age.
      (2)   Distributing near school or playground. Notwithstanding division (D)(1) above, no person shall distribute tobacco product samples in or on any public street, sidewalk or park that is within 300 feet of any playground, school or other facility when the facility is being used primarily by persons under 18 years of age.
   (E)   Sale of cigarettes in original package. It is unlawful for any person to sell cigarettes except in the original, sealed package in which they were placed by the manufacturer.
(Prior Code, § 5-5-3) Penalty, see § 132.99
§ 132.35 PROVIDING ALCOHOL TO MINORS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALCOHOL. Includes any type of substance classified under state law as containing alcohol or low-point beer.
      GATHERING. A party, gathering or event where a group of three or more persons have assembled or are assembling for a social occasion or social activity.
      LEGAL GUARDIAN.
         (a)   A person who, by court order, is the guardian of the person of a minor; or
         (b)   A public or private agency with whom a minor has been placed by the court.
      MINOR. Any person less than 21 years of age.
      PARENT. A person who is a natural parent, adoptive parent, foster parent or stepparent of another person.
      PREMISES. Any residence or other private property, place or premises, including any commercial or business premises.
      RESPONSE COSTS. The costs associated with responses by law enforcement, fire and other emergency response providers to a gathering, including, but not limited to:
         (a)   Salaries and benefits of law enforcement, code enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at or otherwise dealing with a gathering, and the administrative costs attributed to such response(s);
         (b)   The cost of any medical treatment for any law enforcement, code enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of a gathering;
         (c)   The cost of repairing any town equipment or property damaged, and the cost of the use of any such equipment, in responding to, remaining at or leaving the scene of a gathering; and
         (d)   Any other allowable costs related to the enforcement of this section.
   (B)   Consumption of alcohol by minor in public place, place open to public or place not open to public. Except as permitted by state law, it is unlawful for any minor to:
      (1)   Consume at any public place or any place open to the public alcoholic beverages; or
      (2)   Consume at any place not open to the public any alcoholic beverage, unless in connection with the consumption of the alcoholic beverage that minor is being supervised by his or her parent or legal guardian.
   (C)   Hosting, permitting or allowing party, gathering or event where minors consuming alcoholic beverages prohibited.
      (1)   It is the duty of any person having control of any premises, who knowingly hosts, permits, or allows a gathering at said premises, to take all reasonable steps to prevent the consumption of alcoholic beverages by any minor at the gathering. Reasonable steps are controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting drivers’ licenses or other government issued identification cards to ensure that minors do not consume alcoholic beverages while at the gathering; and supervising the activities of minors at the gathering.
      (2)   It is unlawful for any person having control of any premises to knowingly host, permit or allow a gathering to take place at said premises where at least one minor consumes an alcoholic beverage, whenever the person having control of the premises either knows a minor has consumed an alcoholic beverage or reasonably should have known that a minor consumed an alcoholic beverage had the person taken all reasonable steps to prevent the consumption of an alcoholic beverage by a minor as set forth in division (C)(1) above.
      (3)   This section shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between a minor and his or her parent or legal guardian.
      (4)   Nothing in this section shall be interpreted to prohibit any family activity held in the confines of the family home from providing the use of alcohol to immediate family members within supervision of parents and guardians. However, if a minor leaves such a family gathering intoxicated and is found in public, then said providers of alcohol will be held responsible in the same manner as a non-family gathering.
      (5)   Nothing in this section should be interpreted to prohibit any religious practice which includes the use of alcohol. However, if a minor leaves such a religious gathering intoxicated and is found to be in public, then said providers of alcohol will be held responsible in the same manner as a non-religious gathering.
   (D)   Reservation of legal options. Violations of this section may be prosecuted by the town, criminally, civilly or through both processes. The town may seek administrative fees and response costs associated with enforcement of this section through all remedies or procedures provided by statute, ordinance or law. This section shall not limit the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by this section, nor shall they limit the town’s ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of this section.
(Prior Code, § 5-5-4) Penalty, see § 132.99
§ 132.99 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)   (1)   Except as provided in division (B)(2) below, any person who is convicted of violating the provisions § 132.26(A) shall be guilty of a misdemeanor.
      (2)   Any person who is convicted of a second offense under § 132.26 shall be guilty of a felony.
(Prior Code, § 5-4A-13)
   (C)   Any person violating § 132.34(C) shall be subject to penalty as set out in 10A O.S. § 2-8-224.
(Prior Code, § 5-5-3)
   (D)   Any person who shall violate the provisions of § 132.35 shall be deemed guilty of an offense against the town and, upon conviction thereof, shall be subject to penalty as provided in § 10.99, plus all court costs and statutory penalties.
(Prior Code, § 5-5-4)