(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or 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 statutes;
(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 purposes of prostitution; or
(d) The violation of any state statute or town ordinance prohibiting gambling.
(Prior Code, § 10-406)
(B) Maintaining or leasing a disorderly house.
(1) No person shall keep or maintain, or aid, abet, or assist in keeping and maintaining a disorderly house.
(2) 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, sub-lease, or otherwise permit the use of same for the purpose of keeping therein any disorderly house, and knowing or ascertaining that such house, building, structure, tent, vehicle, mobile home, or recreational vehicle is so occupied as a disorderly house, no persons, partnership, or corporation shall continue to grant permission to so use such premises as a disorderly house.
(Prior Code, § 10-407)
(C) Residents and visitors to disorderly house. No person shall knowingly reside in, enter into, or remain in a disorderly house. In any prosecution for violation of this section, the town shall have the burden to prove such knowledge by direct evidence only and not by circumstantial evidence. This division (C) shall not apply to physicians or officers in the discharge of their professional or official duties.
(Prior Code, § 10-408)
Penalty, see § 133.99