(A) Definition; prohibited acts. For the purpose of this section, the following definition applies unless the context clearly requires a different meaning.
DISORDERLY HOUSE. Any structure or vehicle by which the peace, comfort, health, welfare or decency of the public is disturbed by reason of the people therein committing or resorting to any of the following acts:
(a) The sale, distribution, possession or use of any controlled dangerous substance the sale, distribution, possession or use of which is declared unlawful by state statute;
(b) The violation of any of the ordinances of the town or statutes of the state regulating the sale, distribution, possession or use of alcoholic beverages, including beer containing more than 0.5% alcohol by volume;
(c) The performance of any sexual act declared unlawful by state statute or town ordinance, including, but not limited to, soliciting for the purpose of prostitution; or
(d) The violation of any state statute or town ordinance prohibiting gambling.
(B) Maintaining or leasing.
(1) No person shall keep, maintain, aid, abet or assist in the keeping and maintaining of a disorderly house.
(2) (a) No owner, lessee, lessor or other person, partnership or corporation having control over any house, building, structure, tent, vehicle, mobile home or recreational vehicle shall knowingly use, lease, sublease or otherwise permit the use of the same for the purpose of keeping therein any disorderly house.
(b) Knowing or ascertaining that such house, building, structure, tent, vehicle, mobile home or recreational vehicle is so occupied as a disorderly house, no person, partnership or corporation shall continue to grant permission to so use such premises as a disorderly house.
(C) Residents and visitors.
(1) No person shall knowingly reside in, enter into or remain in a disorderly house. In any prosecution for a violation of this section, the town shall have the burden to prove such knowledge by direct evidence only and not by circumstantial evidence.
(2) This section shall not apply to physicians or officers in the discharge of their professional or official duties.
(Prior Code, § 6-5C-4) Penalty, see § 134.99