Chapter 9.12
OFFENSES AGAINST PUBLIC DECENCY
Sections:
   9.12.010   Lewd or immoral acts- Prostitution.
   9.12.020   Prohibited publications.
   9.12.030   Window peeping.
   9.12.040   Unlawful cohabitation.
   9.12.050   Gambling-General.
   9.12.060   Gambling-Lotteries.
   9.12.070   Frequenting or protecting illegal establishments.
   9.12.080   Possession of marijuana.
   9.12.090   Possession of paraphernalia.
   9.12.100   Food establishments-Contagious disease control.
   9.12.110   Curing hides prohibited.
9.12.010   Lewd or immoral acts- Prostitution.
   The following acts are lewd, immoral or obscene and their commission is unlawful:
   A.   Frequenting, loitering or being employed other than as a bartender or waitress in any establishment where alcoholic beverages are sold, and engaging in the practice of or for the purpose of soliciting others lo purchase alcoholic beverages;
   B.   Owning or operating any establishment where alcoholic beverages are sold and knowingly permitting the presence in such establishment of any person who violates the provisions of Section 9.24.100;
   C.   Uttering any abusive or obscene language whether addressed to or in the hearing of another person or making any obscene gesture to, at or about any person;
   D.   Hiring, using or employing any other person to manufacture, promote, distribute or possess any known obscene publication;
   E.   Knowingly engaging in or offering to engage in sexual intercourse for hire;
   F.   Entering or remaining in a house of prostitution with intent to engage in sexual intercourse with a prostitute;
   G.   Knowingly hiring a prostitute to engage in sexual intercourse;
   H.   Knowingly establishing, owning, maintaining or managing a house of prostitution or participating in the establishment, ownership, maintenance or management thereof;
   I.   Knowingly permitting any place to be used as a house of prostitution;
   J.   Procuring a prostitute for a house of prostitution;
   K.   Inducing another to become a prostitute;
   L.   Living wholly or partly upon the earnings of prostitution;
   M.   Knowingly soliciting a patron for a prostitute or for a house of prostitution;
   N.   Knowingly procuring a prostitute for a patron;
   O.   Knowingly procuring transportation for, paying for the transportation of, or transporting a person within the city with the intention of aiding that person to engage in prostitution;
   P.   Knowingly being employed by a house of prostitution or performing any function which constitutes promoting prostitution;
   Q.   Knowingly and indecently exposing the private parts or sexual organs of a person to public view. (Prior code § 7-3-1)
9.12.020   Prohibited publications.
   A.   It is unlawful for any person to sell, offer for sale, attempt to sell, accept, give away, keep in his possession with intent to sell or give away or in any way furnish or attempt to furnish any person any illustrated comic book magazine, film or other publication which, read as a whole, is of an obscene nature.
   B.   It is unlawful for any person to sell, offer for sale, attempt to sell, accept, give away, keep in his possession with intent to sell or give away or in any way furnish or attempt to furnish to any child under the age of eighteen years any comic book, magazine or other publication which, read as a whole, is concerned with accounts of crime and which, by use of drawings, depicts the following crimes: Administering poison and injurious potions, aggravated assault, arson, assault to attempt burglary, assault to maim or disfigure, assault with intent to commit rape, assault with intent to commit robbery, assault with intent to commit murder, burglary, false imprisonment, kidnapping and abduction, maiming and disfiguring, malicious mischief, murder, rape, robbery, theft or conspiracy in any of the foregoing offenses.
   C.   It is the intent of this section to include publications where the text is not prominently featured but rather is inserted in the picture usually within lines that indicate the words spoken by the characters,
   D.   This section does not apply to accounts of crime printed in the ordinary news media nor to the drawings or photographs used to illustrate such accounts nor to the legitimate illustrated historical accounts of crimes.
   E.   If any publication prohibited by this section shall be displayed in any newsstand, bookstore, market or other establishment, where such publication maybe seen by any child under the age of eighteen years visiting such establishment, such display shall be prima facie evidence that the person in charge of such establishment intended to sell, offer for sale, or attempt to furnish such publication in violation of this section. (Prior code § 7-3-2)
9.12.030   Window peeping.
   It is unlawful for any person to enter upon any private property and look, peer or peep into or be found loitering around or within the view of any window, door or other means of viewing into any occupied building other than his own household. (Prior code § 7-3-3)
9.12.040   Unlawful cohabitation.
   It is unlawful for persons who are not married to each other to cohabitate together as man and wife. (Prior code § 7-3-6)
9.12.050   Gambling-General.
   A.   Engaging In Gambling Prohibited. It is unlawful to play at, run or operate any game or games of chance, keno, fargo, monte, passfore, passmonte, twenty-one, roulette, chuck-a-luck, hazard, fan tan, poker, stud poker, red and black, high and low, craps, black jack or any other game of chance played with dice, cards, punch boards, slot machines or any other gaming device for money or anything of value in the city.
   B.   Operating Gambling Establishment Prohibited.
      1.   The business of gambling or the establishment of a gambling place within one mile of the city is declared to be an offensive or unwholesome business or establishment and is prohibited. Any person who engages in or establishes any gambling game by whatever name or by whatever device within the area above specified is deemed guilty of a violation of this section.
      2.   Any person who is the owner or possessor of any game mentioned in the subsection A or any person engaged in operating any such game or knowingly supplying any such game with cards or dice or other devices or who is in actual possession and control as owner, lessee or otherwise of the premises upon which any such game is run or operated or who shall knowingly lease premises so to be used or who, having leased such premises, knowingly permits the same so to be used, shall be guilty of a violation of this section.
      3.   Any person or the members of an organization or club who manages, controls or banks any such game as enumerated in this section or who takes or receives any money or thing of value or anything representing value for himself, themselves, or such organization or club or for any other person for such game to buy drinks, cards or for expenses of the game or for running such game or for any other like or similar person, shall be deemed an operator of the game.
   C.   Complaint, Warrant, Arrest.
      1.   Upon filing with the municipal judge of an affidavit in writing made by any citizen that gambling, as prohibited by this section, is being conducted in any building, room, premises or place, describing the same sufficiently for identification, it shall be the duty of the municipal judge to immediately issue a warrant commanding the police to whom such warrant is addressed to enter and search such building, room, premises or place. In the event such place is being used for purposes prohibited by this section, he shall arrest, without a warrant, the parties therein or making their escape therefrom who would be subject to arrest with a warrant, and take possession of any gambling paraphernalia, devices or equipment found therein and shall hold the same until the owner or possessor of such paraphernalia, devices or equipment shall be deprived of possession thereof by law.
      2.   All money on any table, in any machine or paraphernalia of any kind or description used for gambling purposes or in connection therewith, shall be subject to seizure by any officer of the police department. Such money, tables, machines, or other gambling paraphernalia of any kind or description used for gambling purposes shall, by the order of the municipal judge, be destroyed and demolished.
      3.   It shall be the duty of such officer to take the person or persons so arrested before the municipal judge and lodge the proper complaint against each person so arrested.
   D.   Enforcement. It shall be the duty of the police department of the city to enforce the provisions of the foregoing section by appropriate raids, seizure of gambling paraphernalia and bringing to trial ail offenders of the provisions of this chapter. It shall be the duty of the city attorney to investigate and prosecute vigorously ail violations of this section. (Prior code §§ 17-1-1-17-1-7)
Loading...