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(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Anal intercourse means contact between human beings of the genital organs of one and the anus of another.

Anilingus means any act of oral stimulation of the anus.

Cunnilingus means any act of oral stimulation of the vulva or clitoris.

Fellatio means any act of oral stimulation of the penis.

Masturbation means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.

Sexual intercourse means real or simulated intercourse, whether genital-genital, oral-genital, anal-genital, or oral-anal, between human beings of the opposite or same sex or with an artificial genital organ.

(b) Prohibited. Prostitution in the City is prohibited. Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or anilingus with another person being not his or her spouse in exchange for money or other thing of value commits prostitution.

(c) Soliciting prohibited. Soliciting for prostitution in the City is prohibited. A person commits soliciting for prostitution if he or she:

(1) Purchases, agrees to purchase, or offers to purchase from another person being not his or her spouse, for money or other thing of value, the act of sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse, or anilingus;

(2) By word, gesture or action endeavors or arranges to further the practice of prostitution or to obtain the services of a prostitute;

(3) Arranges or offers to arrange a meeting of persons for the purposes of prostitution; or

(4) Directs another to a place knowing such direction is for purposes of prostitution.

(d) Patronizing. Patronizing a prostitute in the City is prohibited. Any person who enters or remains in a place of prostitution with the intent to engage in prostitution or engage in an act of sexual intercourse or of deviate sexual conduct with a prostitute commits patronizing a prostitute.

(e) Confiscation of monies used in prostitution, soliciting and patronizing. In addition to any fines or costs that the court may impose, a conviction or plea of guilty or no contest to a violation of this section shall result in forfeiture to the police department of any monies used in the commission, solicitation or patronization of prostitution.

(f) Special penalty for soliciting and patronizing. Persons violating subsection (c) or (d) of this section shall be subject to mandatory arrest. Upon a conviction or plea of guilty or nolo contendere to a violation of subsection (c) or (d) of this section, the court shall impose a fine of not less than $1,000.00. In addition to any fine imposed by the court, a person convicted of violating subsections (c) or (d) of this section may also be subject to up to one year in jail. the minimum monetary fine in this section may not be suspended.

(g) Use of fine money; publication of picture, etc. The court administrator shall utilize a portion of the fine moneys collected from offenders of subsection (c) or (d) of this section for the publication, in one or more newspapers of general circulation, the picture and name of any individual arrested for violation of these subsections. In addition, the town, city or county of residence shall also be published. If an individual is acquitted of a charge of violating subsection (c) or (d) of this section and has previously been identified through the publication described in this subsection, the court administrator shall arrange for the publication of a notice of the individual's acquittal of such charges, unless the individual requests that the notice of acquittal not be published.

(h) Vehicle impoundment. In addition to the applicable fine and costs, any vehicle at the scene of the violation possessed by a person violating this section shall be subject to impoundment by the police department as provided in subsection 134-37(5). (Code 1979, § 27-81; Ord. No. 2013-28, § 3, 8-26-2013; Ord. No. 99-18, § 1, 4-26-1999; Ord. No. 95-52, exhibit A (§ 27-81), 9-11-1995)