[R.O. 2011 § 215.700; R.O. 2009
§ 133.01; CC 1981 § 20-157; Ord. No. 74-24, 6-5-1974]
The operation of a bathhouse, massage
parlor or masseur wherein employees, agents or servants engage in
acts stimulating sexual organs of a customer is prohibited within
the corporate limits of the City.
[R.O. 2011 § 215.710; R.O. 2009
§ 133.02; CC 1981 § 20-158]
It shall be unlawful for any person
to bathe, wash or swim when nude or insufficiently clothed in the
Missouri River or other watercourse, pond, lake or pool of water within
the City.
A.Â
A person commits the offense of indecent
exposure (sexual misconduct) if such person:
1.Â
Exposes his/her genitals under circumstances
in which he/she knows that his/her conduct is likely to cause affront
or alarm;
2.Â
Has sexual contact in the presence
of a third person or persons under circumstances in which he/she knows
that such conduct is likely to cause affront or alarm; or
3.Â
Has sexual intercourse or deviate
sexual intercourse in a public place in the presence of a third person.
[R.O. 2011 § 215.720; R.O. 2009
§ 133.04; CC 1981 §§ 20-172 — 20-175; Ord. No. 81-90, 11-3-1981]
A.Â
Lewd Dancing Or Performance Prohibited.
No person shall produce, promote, permit or perform any pornographic
or lewd dancing or exhibition before any audience for pecuniary gain.
B.Â
Violation. If any person, persons or corporation holding an alcoholic beverage license is believed by the Chief of Police to condone, promote, allow or sponsor any persons violating Subsection (A) of this Section, the Chief of Police may give notice to any person, persons or corporation's representative to appear before the next regularly scheduled meeting of the City Council to show cause why the alcoholic beverage license of the establishment in which the violation took place should not be suspended or revoked.
C.Â
Suspension Or Revocation Of License.
1.Â
The City Clerk and Mayor shall be
immediately notified of any such notice by the Chief of Police; and
the City Clerk shall cause such to be placed on the Council agenda
and notices to be given to each Councilmember.
2.Â
The Council may suspend or revoke
such license at the meeting or suspend such license and set a date
for hearing within ten (10) days to determine if such license shall
be revoked.
[R.O. 2011 § 215.740; R.O. 2009
§ 133.05; CC 1981 §§ 20-162 — 20-165; Ord. No. 80-28, 2-13-1980; Ord. No. 21-153, 10-5-2021]
A.Â
PATRONIZING PROSTITUTION
1.Â
2.Â
3.Â
PROMOTING PROSTITUTION
1.Â
2.Â
PROSTITUTION
SEXUAL CONDUCT
1.Â
2.Â
3.Â
SOMETHING OF VALUE
Definitions. For the purpose of this Section,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
A person patronizes prostitution if:
Pursuant to a prior understanding,
he/she gives something of value to another person as compensation
for that person or a third person having engaged in sexual conduct
with him/her or with another; or
He/she gives or agrees to give something
of value to another person on an understanding that, in return therefor,
that person or a third person will engage in sexual conduct with him/her
or with another; or
He/she solicits or requests another
person to engage in sexual conduct with him/her or with another, or
to secure a third person to engage in sexual conduct with him/her
or with another, in return for something of value.
A person promotes prostitution if:
He/she compels a person of any age
to enter into, engage in, or remain in prostitution; or
He/she owns, manages, or operates
an interactive computer service, or conspires or attempts to do so,
with the intent to promote or facilitate the prostitution of another.
As used in this Subdivision, the term "interactive computer service"
shall mean: any information service, system, or access software provider
that provides or enables computer access by multiple users to a computer
server, including specifically a service or system that provides access
to the internet and such systems operated or services offered by libraries
or educational institutions.
The term "compel" includes the use
of forcible compulsion or the use of a drug or intoxicating substance
to render a person incapable of controlling his/her conduct or appreciating
its nature.
|
A person commits prostitution if he/she engages or offers
or agrees to engage in sexual conduct with another person in return
for something of value to be received by the person or by a third
person.
Sexual conduct occurs when there is:
Sexual Intercourse which means any
penetration, however slight, of the female sex organ by the male sex
organ, whether or not an emission results; or
Deviate Sexual Intercourse which
means any sexual act involving the genitals of one person and the
mouth, hand, tongue or anus of another person; or
Sexual Contact which means any touching,
manual or otherwise, of the anus or genitals of one person by another,
done for the purpose of arousing or gratifying sexual desire of either
party.
Any money or property or any token, object or article exchangeable
for money or property.
C.Â
Defenses. In any prosecution for prostitution,
patronizing a prostitute or promoting prostitution, the sex of the
two (2) parties or prospective parties to the sexual conduct engaged
in, contemplated or solicited is immaterial and it is no defense that:
[R.O. 2011 § 215.750; R.O. 2009
§ 133.06; Ord. No. 94-219, 9-7-1994]
A.Â
EXCURSION GAMBLING BOAT
For the purpose of this Section, the following
definition shall apply unless the context clearly indicates or requires
a different meaning.
A boat, ferry or other floating facility licensed by the
Missouri Gambling Commission on which gambling games are allowed.
B.Â
No person under twenty-one (21) years of
age shall enter upon or into those portions of an excursion gambling
boat where gambling is conducted or where alcoholic beverages are
located.
C.Â
This provision shall not apply to an employee
of the licensed operator of the excursion gambling boat who is at
least eighteen (18) years of age and who is performing job duties
prescribed for that employee.
[R.O. 2011 § 215.760; R.O. 2009
§ 133.07; Ord. No. 97-30, 1-21-1997]
A.Â
No person shall urinate or defecate in,
upon or from any public street, sidewalk, alley, parking lot or parking
facility, public building, structure or publicly maintained facility
or in any place open to the public and exposed to public view or on
private property and exposed to public view. This Section shall not
apply to urination or defecation in any restroom or other facility
designed for the sanitary disposal of human waste.
[R.O. 2011 § 215.800; R.O. 2009
§ 133.20; CC 1981 § 20-168; Ord. No. 90-153, 6-21-1990]
For the purpose of this Division,
the following definitions shall apply unless the context clearly indicates
or requires a different meaning.
Any obscene material or performance
depicting sexual conduct, sexual contact, or a sexual performance,
as these terms are defined in Section 566.061, RSMo., and which has
as one of its participants or portrays as an observer of such conduct,
contact, or performance a minor under the age of eighteen (18); or
Any visual depiction, including any
photograph, film, video, picture, or computer or computer-generated
image or picture, whether made or produced by electronic, mechanical,
or other means, of sexually explicit conduct where:
The production of such visual depiction
involves the use of a minor engaging in sexually explicit conduct;
Such visual depiction is a digital
image, computer image, or computer-generated image that is, or is
indistinguishable from, that of a minor engaging in sexually explicit
conduct; or
Such visual depiction has been created,
adapted, or modified to show that an identifiable minor is engaging
in sexually explicit conduct.
Exposing, placing, posting, exhibiting or in any fashion
displaying in any location, whether public or private, an item in
such a manner that it may be readily seen and its content or character
distinguished by normal unaided vision viewing it from the street,
highway or public sidewalk or from the property of others or from
any portion of the person's store or the exhibitor's store or property
when items and material other than this material are offered for sale
or rent to the public.
Any pictorial or three-dimensional material depicting human
masturbation, deviate sexual intercourse, sexual intercourse, direct
physical stimulation or unclothed genitals, sadomasochistic abuse,
or emphasizing the depiction of postpubertal human genitals; provided,
however, that works of art or of anthropological significance shall
not be deemed to be within the foregoing definition.
To issue, sell, give, provide, lend, mail, deliver, transfer,
circulate, disseminate, present, exhibit or otherwise provide.
Anything printed or written, or any picture, drawing, photograph,
motion picture film, videotape or videotape production, or pictorial
representation, or any recording or transcription, or any mechanical,
chemical, or electrical reproduction, or stored computer data, or
anything which is or may be used as a means of communication. Material
includes undeveloped photographs, molds, printing plates, stored computer
data and other latent representational objects.
Any person under the age of eighteen (18).
The showing of postpubertal human genitals or pubic area,
with less than a fully opaque covering.
Any material or performance if, taken as a whole:
Applying contemporary community standards,
its predominant appeal is to prurient interest in sex; and
The average person, applying contemporary
community standards, would find the material depicts or describes
sexual conduct in a patently offensive way; and
A reasonable person would find the
material lacks serious literary, artistic, political or scientific
value.
Any play, motion picture film, videotape, dance or exhibition
performed before an audience of one (1) or more.
Any material or performance if:
The average person, applying contemporary
community standards, would find that the material or performance,
taken as a whole, has a tendency to cater or appeal to a prurient
interest of minors; and
The material or performance depicts
or describes nudity, sexual conduct, sexual excitement, sadomasochistic
abuse or any explicit sexual material in a way which is patently offensive
to the average person applying contemporary adult community standards
with respect to what is suitable for minors; and
The material or performance, taken
as a whole, lacks serious literary, artistic, political or scientific
value for minors.
To manufacture, issue, sell, provide, mail, deliver, transfer,
transmute, publish, distribute, circulate, disseminate, present, exhibit,
or advertise, or to offer or agree to do the same, by any means, including
a computer.
Flagellation or torture by or upon a person as an act of
sexual stimulation or gratification.
Actual or simulated, normal or perverted acts of human masturbation;
deviate sexual intercourse, sexual intercourse or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks
or the breast of a female in an act of apparent sexual stimulation
or gratification or any sadomasochistic abuse or acts including animals
or any latent objects in an act of apparent stimulation or gratification.
[R.O. 2011 § 215.810; R.O. 2009
§ 133.21; CC 1981 §§ 20-168.1 — 20-168.2; Ord. No. 90-153, 6-21-1990]
A.Â
Preparation. A person commits the offense
of preparation of obscenity when he/she knowingly:
1.Â
Records himself/herself or any other
person on or with any material for the purpose of producing any obscene
material for promotion to another; or
2.Â
Records himself/herself or any other
person on or with any material for the purpose of producing material
pornographic for minors for promotion to a minor; or
3.Â
Models, poses, acts or otherwise
aids or assists in the preparation of any obscene material for the
purpose of promotion to another; or
4.Â
Models, poses, acts or otherwise
aids or assists in the preparation of any material pornographic for
minors for promotion or furnishing to a minor.
B.Â
Promoting. A person commits the offense
of promoting pornography for minors or obscenity if he/she:
1.Â
Promotes or possesses with the purpose
to promote any obscene materials for pecuniary gain; or
2.Â
Produces, presents, directs or participates
in any obscene performance for pecuniary gain; or
3.Â
Promotes or possesses with the purpose
to promote any material pornographic for minors for pecuniary gain;
or
4.Â
Produces, presents, directs or participates
in any performance pornographic for minors for pecuniary gain; or
5.Â
Promotes, possesses with the purpose
to promote, produces, presents, directs or participates in any performance
that is pornographic for minors via computer, electronic transfer,
Internet or computer network if the person made the matter available
to a specific individual known by the defendant to be a minor.
[R.O. 2011 § 215.820]
A.Â
A person commits the offense of furnishing
pornographic material to minors if he/she:
1.Â
Furnishes any material pornographic
for minors knowing that the person to whom it is furnished is a minor
or acting in reckless disregard of the likelihood that such person
is a minor; or
2.Â
Produces, presents, directs or participates
in any performance pornographic for minors that is furnished to a
minor knowing that any person viewing such performance is a minor
or acting in reckless disregard of the likelihood that a minor is
viewing the performance; or
3.Â
Furnishes, produces, presents, directs,
participates in any performance or otherwise makes available material
that is pornographic for minors via computer, electronic transfer,
Internet or computer network if the person made the matter available
to a specific individual known by the defendant to be a minor.
B.Â
It is not an affirmative defense to a prosecution
for a violation of this Section that the person being furnished the
pornographic material is a Peace Officer masquerading as a minor.
C.Â
Furnishing pornographic material to minors
or attempting to furnish pornographic material to minors is an ordinance
violation.
[R.O. 2011 § 215.830]
A person commits the offense of promoting
child pornography in the first degree if, knowing of its content and
character, such person possesses with the intent to promote or promotes
child pornography of a child less than fourteen (14) years of age
or obscene material portraying what appears to be a child less than
fourteen (14) years of age.
[R.O. 2011 § 215.840]
[R.O. 2011 § 215.850]
A.Â
A person commits the offense of coercing
acceptance of obscene material if such person knowingly:
1.Â
Requires acceptance of obscene material
as a condition to any sale, allocation, consignment or delivery of
any other material; or
2.Â
Denies any franchise or imposes any
penalty, financial or otherwise, by reason of the failure or refusal
of any person to accept any material obscene or pornographic for minors.
[R.O. 2011 § 215.860]
A.Â
In any prosecution under this Division,
evidence shall be admissible to show:
1.Â
What the predominant appeal of the
material or performance would be for ordinary adults or minors;
2.Â
The literary, artistic, political
or scientific value of the material or performance;
3.Â
The degree of public acceptance in
this State and in the local community;
4.Â
The appeal to prurient interest in
advertising or other promotion of the material or performance;
5.Â
The purpose of the author, creator,
promoter, furnisher or publisher of the material or performance.
B.Â
Testimony of the author, creator, promoter,
furnisher, publisher, or expert testimony, relating to factors entering
into the determination of the issues of obscenity or child pornography,
shall be admissible.
C.Â
In any prosecution for possession of child
pornography or promoting child pornography in the first or second
degree, the determination that the person who participated in the
child pornography was younger than eighteen (18) years of age may
be made by a judge or jury by any of the following methods:
1.Â
Personal inspection of the child;
2.Â
Inspection of the photograph or motion picture that shows the child
engaging in the sexual performance;
3.Â
Oral testimony by a witness to the sexual performance as to the age
of the child based on the child's appearance at the time;
4.Â
Expert medical testimony based on the appearance of the child engaging
in the sexual performance; or
5.Â
Any other method authorized by law or by the rules of evidence.
D.Â
In any prosecution for promoting child
pornography in the first or second degree, no showing is required
that the performance or material involved appeals to prurient interest,
that it lacks serious literary, artistic, political or scientific
value, or that it is patently offensive to prevailing standards in
the community as a whole.
[R.O. 2011 § 215.870; R.O. 2009
§ 133.27; CC 1981 § 20-168.9; Ord. No. 90-153, 6-21-1990]
The general assembly has preempted
Cities from regulating the wholesale promotion of obscenity and materials
pornographic for minors. Therefore, nothing contained in this Division
shall be interpreted to prohibit the wholesale promotion of obscene
material, to prohibit the wholesale promotion for minors of any material
pornographic for minors or to prohibit the possession of any material
pornographic for minors with the purpose to wholesale promote for
minors.