§ 90.038  PUBLIC NUISANCES OFFENDING MORALS AND DECENCY.
   (A)   The following acts, omissions, places, conditions and things are specifically declared to be public nuisances offending public morals and decency, but the enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition hereof:
      (1)   All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling;
      (2)   All gambling devices and slot machines;
      (3)   All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by this code or state law;
      (4)   Any place or premises within the town where town ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated; and
      (5)   Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the state or the ordinances of the town.
   (B)   Public nuisances offending morals and decency shall also mean:
      (1)   Any place in or upon which prostitution (as described in I.C. 35-45-4);
      (2)   Any public place in or upon which deviate sexual conduct (as defined in I.C. 35-41-1) or sexual intercourse (as defined in I.C. 35-41-1); or
      (3)   Any public place in or upon which the fondling of the genitals of a person; is conducted, permitted, continued or exists, and the personal property and contents used in conducting and maintaining the place for such a purpose.
(Ord. 7-11-05-1, passed 8-8-2005)  Penalty, see § 90.999
Statutory reference:
   Actions for indecent nuisances, see I.C.  32-30-7-1