HomeMy WebLinkAbout1978-02 02-27 CCO CITY OF BROOKLYN CENTER
ORDINANCE NO.
78 -2
AN ORDINANCE PROHIBITING PROSTITUTION, NUDITY AND OTHER ACTS
WITHIN THE CITY OF BROOKLYN CENTER
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center
is hereby amended by the addition of the following:
Section 19 -1700. Definitions.
The following terms will have the following definitions for the purposes of
this Ordinance.
a Public Place the term "public place" means any place or premises
accessible to the general public including but not limited to streets,
alleys, sidewalks, driveways and parks and also includes such parts
of buildings and other premises whether publically or privately owned
which are used by the general public or as to which the general public
is invited, commercially, for a fee or otherwise or in or on which the
general public is permitted, including any club or association of
members which accepts members from the general public and shall also
include private property wherein the conduct complained of is openly_
and easily visible by members of the general public from positions
not on said private property.
b. Person the term "person" shall include individuals, firms, partnerships,
corporations, joint ventures, clubs, associations, and organizations
and shall further include the officers, agents, partners, directors and
employees thereof.
c. Nudity -the term "nudi means the showing of the human male or
female genitals, pubic area or buttocks with less than a fully opaque
covering or the showing of a post pubertal female breast with less than
a fully opaque covering of any portion thereof below the •top of the nipple
thereof or the showing of covered male genitals in a discernibly turgid
state
d. Sadomasochistic abuse the term sadomasochistic abuse means scenes,
exhibitions, enac•tments re-enactments, displays or acts involving a
person or persons, any of whom are nude, clad in undergarments or in
sexually revealing costumes and who are engaged in activities involving
the flagellation, torture fettering, binding or other physical restraint or
physical abuse of any such person.
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ORDINANCE NO. 78-2
e Sexual Conduct the term "sexual conduct" means any acts by
oneself or another or simulation of acts of masturbation, homosexual
intercourse, heterosexual intercourse, fellatio, cunnilingus, anal
intercourse, or the physical contact with a persons' unclothed genitals,
pubic area, buttocks or if said person is a female, her breasts.
f. Sexual Excitement the term "sexual excitement" means 'the condition
of the human male or female genitals or the breasts of the female in a
state of sexual s•timula•tion or the sensual experience of humans engaging
in or witnessing sexual conduct or nudity.
Section 19 -1701. Prostitution and Cther Acts Prohibited.
No person in any public or private place shall hold out for hire, offer or agree
to submit his or her body for hire for the purpose of heterosexual intercourse, homo-
sexual intercourse, cunnilingus, fellatio, anal intercourse, manual genital stimulation
or for the purpose of engaging in anv similar act using any device, contrivance or other
part of the body.
Section 19 -1702. Further Acts Prohibited.
No person in any public or private place shall secure or offer to secure, entice
or attempt to entice or invite another to engage in prostitution as described in this
section and no person shall aid or abet the commission of such acts or prostitution
or knowingly accept any part of the earnings of a prostitute or earnings from prostitution
nor shall any person knowingly facilitate or promote prostitution as defined in this
ordinance by any means including but not limited •to means of 'telephone communication
or by use of a telephone answering service or the like.
Section 19 -1703. Prohibition of Nudity in Public Places.
It shall be unlawful for the lessee, licensee, owner or manager of any public
place 'to permit, allow, suffer or fail to prevent in such place, nudity, sadomasochistic
abuse, sexual conduct or sexual excitement as defined in this section or for any persons
'to so participate or engage in any nudity, sadomasochistic abuse, sexual conduct or
sexual excitement in any such public place.
Section 19 -1704. Separability.
If any section, subsection, paragraph or provision of this ordinance shall be
held invalid for any reason whatsoever, such invalidity shall not affect the remaining
portion of this ordinance which shall remain in full force and effect and to this end
the provisions of this ordinance are declared to be severable.
Section 19 -1705 Penalties.
Any person found guilty by lawful authority of violating any provisions of this
ordinance shall be punished by a fine of not more than $500 and by imprisonment for
no longer than ninety (90) days or both.
ORDINANCE NO. 78 -2
Section 19 -1706. Liabilitv for the Crimes of Another.
Every person who commits or attempts to commit, conspires to commit or
aids and abets in the commission of anv act constituting a violation of this ordinance
or anv act, which constitutes an omission and. therefore, a violation of this ordinance,
whether individually or in connection with one or more persons or as principal, accent
or accessorv, shall be auilty of such offense and every person who falselv, fraudulently,
forciblv or willfully induces, causes, coerces, reauires, permits or directs another to
violate anv of the provisions of this chanter is likewise guilty of such offense.
Section 2. This ordinance shall become effective after adoption and upon thirty
(30) days following its legal publication.
Adopted this 27th day of February 19 78
May
ATTEST:
Cldrk
Date of Publication February 23, 19 7 8
Effective Date March 25, 1978
(Underline indicates new matter.)
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