Sec. 11-25.3. Clothing requirements of certain dancers, etc.

Any person entertaining or performing any dance or in any play, exhibition, show or other entertainment, or any person serving food or spirituous liquors as defined by A.R.S. title 4, chapter 1, article 1, as amended, in a restaurant, nightclub, bar, cabaret, tavern, tap room, theater, or in a private, fraternal, social, golf or country club, as defined by A.R.S. title 4, chapter 1, article 1, as amended, or in any public place, who appears clothed, costumed, unclothed or uncostumed in such a manner that the lower part of his or her torso, consisting of the private parts or anal cleft or cleavage of the buttocks, is not covered by a fully opaque material or is so thinly covered as to appear uncovered, is guilty of a misdemeanor.

(Ord. No. 3053, § 1, 10-16-67)

Sec. 11-25.4. Operation of restaurants, etc., where certain dancers, etc. fail to meet certain clothing requirements, deemed misdemeanor.

A person who knowingly conducts, maintains, owns, manages, operates or furnishes any restaurant, nightclub, bar, cabaret, tavern, tap room, theater, or any place serving food or spirituous liquors, as defined by A.R.S. title 4, chapter 1, article 1, as amended, or a private, fraternal, social, golf or country club, as defined by A.R.S. title 4, chapter 1, article 1, as amended, or any public place, where any person appears clothed, costumed, unclothed or uncostumed in such a manner that the lower part of his or her torso, consisting of the private parts or anal cleft or cleavage of the buttocks, is not covered by a fully opaque material or is so thinly covered as to appear uncovered, is guilty of a misdemeanor.

(Ord. No. 3053, § 1, 10-16-67)

Sec. 11-26. Reserved.

   Editors Note: Ord. No. 9240, § 2, adopted June 21, 1999, repealed § 11-26, which pertained to hotels, rooming houses, motels--guest register required. See the Code Comparative Table.

Sec. 11-27. Same--False entries on register.

It shall be unlawful for any person to enter in the register of guests of any hotel, rooming house, motel or auto court within the city a false or fictitious name, knowing it to be false.

(1953 Code, ch. 18, § 18)

Sec. 11-28. Indecency, lewdness--Acts prohibited.

Every person is guilty of a misdemeanor who:

   Sec. 11-28(1).

   (a)   Being reckless about whether any person present, as a reasonable person, would be offended; aids, offers, agrees or solicits an indecent or lewd act;

   (b)   Commits any lewd or indecent act;

   (c)   Aids, offers or agrees to commit or conspires to commit or commits any act of prostitution; or

   Sec. 11-28(2). Offers to secure or secures another for the purpose of committing any act of prostitution, fornication, assignation or for any other lewd or indecent act with any other person; or

   Sec. 11-28(3). Is in a public street, public way, public sidewalk or other public place, or adjacent thereto, or in the public view, including in a vehicle, in a manner or under circumstances which manifest the purpose or intent of inducing, enticing, soliciting or procuring another to commit an act of prostitution; for the purposes of this subsection the following actions or circumstances shall be considered with any other evidence to determine whether such purpose or intent is manifested:

   (a)   That the person has a previous arrest or conviction under section 11-28, any section of A.R.S. chapter 32 of the title 13 or their predecessors, or equivalents from other jurisdictions;

   (b)   That the person has declared himself or herself to be a prostitute, or available for the act of prostitution;

   (c)   That the person has quoted a price or list of prices for sexual acts;

   (d)   The person attempts to stop or stops people or vehicles by beckoning to, hailing, shouting at, waiving to, gesturing or in any other manner;

   (e)   That the person repeatedly engages in conversation with pedestrians or occupants of motor vehicles;

   (f)   The person has in possession sexual paraphernalia except condoms;

   (g)   The person inquires whether a potential patron, procurer or prostitute is a police officer;

   (h)   The person searches for articles that would identify a police officer; or

   (i)   The person requests the touching or exposure of genitals or female breast.

   Sec. 11-28(4). Knowingly transports any person to any place where he may commit, or for the purpose of committing any lewd or indecent act or any act of prostitution; or

   Sec. 11-28(5). Knowingly receives, offers or agrees to receive any person into any place or building for the purpose of assignation or of performing any act of lewdness or fornication, or knowingly permits any person to remain there for any of such purposes; or

   Sec. 11-28(6). Directs any person to any place for the purpose of committing any lewd or indecent act, or any acts for prostitution or fornication; or

   Sec. 11-28(7). In any way aids, abets or participates in the doing for any of the act prohibited by this section.

(1953 Code, ch. 18, § 23; Ord. No. 5820, § 1, 7-5-83; Ord. No. 7187, § 1, 5-1-89; Ord. No. 7717, § 1, 11-25-91; Ord. No. 9192, § 1, 1-11-99)

   State Law References: Sexual offenses, A.R.S. § 13-1401 et seq.; obscenity, A.R.S. § 13-3501 et seq.

Sec. 11-28.1. Same--Minimum penalty; subsequent convictions.

   (a)   A person convicted for the first time of an offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and up to three (3) years probation, and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted for a second offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than one (1) year nor more than three (3) years. A person convicted of a third offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and shall be punished by a fine of not less than two hundred fifty dollars ($250.00) nor more than twenty- five hundred dollars ($2,500.00) and shall be placed on probation for not less than three (3) years. A person convicted of a fourth offense prohibited by minor section 11-28(1)(a) may be punished by imprisonment for not more than six (6) months and shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than three (3) years. No judge may suspend the minimum fine or probationary period prescribed herein, upon a person convicted of any offense prohibited by minor section 11-28(1)(a). Placing a person on probation shall not be construed to affect, in any way, the imposition of the minimum fines provided herein.

   (b)   A person convicted for the first time of an offense prohibited by minor section 11-28(1)(b) shall be punished by either imprisonment for not less than twenty-four (24) hours or one hundred (100) hours of community service and may impose up to six (6) months' imprisonment and shall be fined not less than one hundred dollars ($100.00) nor more than twenty-five hundred dollars ($2,500.00) and may be placed on probation for a maximum of three (3) years. A person convicted for a second offense prohibited by minor section 11-28(1)(b) shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months and fined not less than two hundred fifty dollars ($250.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than one (1) year nor more than three (3) years. A person convicted of a third or subsequent offense prohibited by minor section 11-28(1)(b) shall be punished by imprisonment for not less than twenty (20) days nor more than six (6) months, and fined not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00) and shall be placed on probation for not less than three (3) years. No judge may grant probation to, or suspend the imposition of the minimum jail sentence, fine or probation prescribed herein, upon a person convicted of any offense prohibited by minor section 11-28(1)(b). Placing a person on probation shall not be construed to affect, in any way, the imposition of the minimum imprisonment and minimum fines provided herein.

   (c)   A person convicted for the first time of any offense prohibited by minor sections 11-28(1)(c) through 11-28(8); shall be punished by imprisonment for not less than fifteen (15) days nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted of a second offense prohibited by minor sections 11-28(1)(c) through 11-28(8) shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months and a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted of a third offense prohibited by minor sections 11-28(1)(c) through 11-28(8) shall be punished by imprisonment for not less than sixty (60) days nor more than six (6) months, and by a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00). A person convicted of a fourth or subsequent offense prohibited by minor sections 11-28(1)(c) through 11-28(8) shall be punished by imprisonment for not less than one hundred and eighty (180) days and by a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00). No judge may grant probation to, or suspend the imposition of the minimum jail sentence and fine prescribed herein, upon a person convicted of any offense prohibited in minor sections 11-28(1)(c) through 11-28(8). In addition, a person convicted of any offense prohibited in minor sections 11-28(1)(c) through 11-28(8) may be placed on probation for a maximum of three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein.

(Ord. No. 4812, § 1, 5-15-78; Ord. No. 5267, § 1, 12-8-80; Ord. No. 5820, § 1, 7-5-83; Ord. No. 5866, § 1, 9-12-83; Ord. No. 6478, § 1, 8-4-86; Ord. No. 7284, § 1, 9-18-89; Ord. No. 7717, § 2, 11-25-91; Ord. No. 9192, § 2, 1-11-99)

Sec. 11-29. Indecent exposure.

   (a)   It shall be unlawful for any person to willfully and knowingly expose or display his or her anus, buttocks, genitals, pubic areas, areola and/or the nipple of the female breast; or willfully or knowingly aid or assist in the exposure or display of another's anus, buttocks, genitals, pubic areas, areola and/or the nipple of the female breast, in or by a street, alleyway, driveway, right-of-way, parking lot, park, bus stop, hallways, aisle, places of assembly whether indoor or outdoor, such as bingo halls, fairs, carnivals, swap meets, museums, or any other place of public accommodation, but not to include:

   (1)   Regular or authorized performers or performances on theater, concert hall, music hall or nightclub stages, or movie house screens, bars or restaurants, except as prohibited in sections 11-25.1, 11-25.2, 11-25.3 and 11-25.4.

   (b)   It shall be no defense that the viewer or viewers:

   (1)   Consented to the exposure or display; or

   (2)   Voluntarily subjected himself or herself to the exposure or display; or

   (3)   Was not, or were not, annoyed, offended, shocked or outraged by the exposure or display.

   (c)   In this section, unless the context requires otherwise, "exposure or display" means:

   (1)   To submit to public view the named areas without cover; or

   (2)   To submit to public view the named areas with cover of less than one (1) layer of fully opaque covering.

(1953 Code, ch. 18, § 9a; Ord. No. 2358, § 2, 11-5-62; Ord. No. 4486, § 1, 5-24-76)

   Cross References: Licensing of adult entertainment enterprises and establishments, § 7-206 et seq.

Sec. 11-30. Prohibition of hate crimes and institutional vandalism; penalties.

   (a)   Definitions. As used in this section:

   (1)   Hate crime means the commission of any misdemeanor offense under A.R.S. § 13-1203 (Assault), A.R.S. § 13-1602 (Criminal Damage), A.R.S. § 13-1502/1503/1504 (Criminal Trespass), A.R.S. § 13-2904 (Disorderly Conduct), A.R.S. § 13-1201 (Endangerment), A.R.S. § 13-2921 (Harassment), A.R.S. § 13-1802 (Telephone Harassment), A.R.S. § 13-1202 (Threats and Intimidation), A.R.S. § 13-1303 (Unlawful Imprisonment), or T.C. § 16-30 (Graffiti) against an individual or group of individuals or the property of an individual or group, accompanied by malicious intent as defined in subsection (2) hereof.

   (2)   Malicious intent means the intent to commit any act, the commission of which is a necessary element of any offense referred to in subsection (a)(1) above, motivated by malice toward a victim because of the victim's actual or perceived race, color, religion, national origin, ancestry, sex, sexual orientation, age, disability, gender identity, ethnicity, familial status and/or marital status.

   (3)   Institutional vandalism means knowingly vandalizing, defacing or otherwise damaging:

      a.   Any church, synagogue, mosque, other building structure, or place used for religious worship and/or the grounds adjacent to, rented by, or owned by such entities;

      b.   Any cemetery mortuary or other facility used for the purpose of burying or memorializing the dead;

      c.   Any school, educational facility or community center and/or grounds adjacent to, rented by, or owned by said entities.

      d.   Any hospital, health clinic, or other health care facility.

   (b)   It shall be unlawful for any person to commit a hate crime or institutional vandalism, as defined in this section, against another individual or group of individuals.

(Ord. No. 8506, § 1, 5-22-95; Ord. No. 11057, § 2, 3-27-13; Ord. No. 11443, § 1, 3-21-17)