(a) As used in this section, the term “disorderly property” means any of the following:
(1) Any place, property, structure, building, or conveyance used for the purpose of prostitution, assignation, or any actual or simulated sexual activity which includes both sexual conduct and sexual contact as defined in Section 666.01 of these Codified Ordinances. Nothing in this paragraph shall be construed as prohibiting activities of consenting adults in private residences not intended to be viewed by others.
(2) Any place, property, structure, building, or conveyance used for the purpose of gambling, gaming, games of chance, or games of gain, or for the purpose of maintaining or operating gambling machines and devices or machines and devices the operation of which constitutes a game for gain as prohibited in Chapter 630 of these Codified Ordinances.
(3) Any place, property, structure, building, or conveyance used for the purpose of the sale of liquor, beer, cider, wine, or mixed beverages as such terms are defined in Section 612.01 of these Codified Ordinances without a permit for the sale thereof.
(4) Any place, property, structure, building, or conveyance used for the purpose of possession, use, or sale of narcotics, hallucinogens, dangerous drugs, illegal drugs, drugs of abuse, or anything purported or represented to be any of the above listed substances, or the unlawful possession of instruments for the administration of the above listed substances.
(b) No person shall keep, set up, maintain, operate, allow to be operated, or be in control of a disorderly property.
(c) No person shall visit a disorderly property with the intent to participate in or be present during any of the activities listed in division (a) of this section.
(d) Whoever violates division (b) of this section by keeping, setting up, maintaining, operating, allowing to be operated, or controlling a disorderly property as defined in division (a)(1), (a)(2), or (a)(3) of this section is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 698.02.
(e) Whoever violates division (b) of this section by keeping, setting up, maintaining, operating, allowing to be operated, or controlling a disorderly property as defined in division (a)(4) of this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 698.02.
(f) Whoever violates division (c) of this section is guilty of a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 698.02.
(Ord. 09-008. Passed 7-13-09.)