Sec. 614.134. - Offenses involving sexually transmissible diseases; screening.

(a) As used in this Section: (1) Assignation means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement. (2) Department means the City's Public Health Unit. (3) Lewdness means any indecent or obscene act. (4) Prostitution means the giving or receiving of the body for sexual activity for hire. As used in this subsection (a) of this Section, prostitution shall be construed to exclude sexual activity between a husband and his wife. (5) Sexual activity means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object, or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for bona fide medical purposes. (6) Sexually transmissible disease means a bacterial, viral, fungal, or parasitic disease, determined by the Department to be sexually transmissible, a threat to the public health and welfare, and a disease for which a legitimate public interest will be served by providing for regulation. (b) In considering which diseases are to be designated as sexually transmissible diseases, the Department shall consider such diseases as chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, syphilis, and human T-lymphotropic virus type III (HTLV-III) infection for designation and shall consider the recommendations and classifications of the Centers for Disease Control and other nationally recognized authorities. Not all diseases that are sexually transmissible need be designated for the purpose of this Section. (c) It is unlawful and a class D offense for any person: (1) To keep, set up, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation or prostitution. (2) To offer, or to offer to agree to secure, another for the purpose of prostitution or for any other lewd or indecent act. (3) To receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose. (4) To direct, take or transport, or to offer or agree to take or transport, any person to any place, structure or building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation. (d) It is unlawful and a class D offense for any person: (1) To offer to commit, or to commit, or to engage in prostitution, lewdness, or assignation. (2) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation with himself or herself. (3) To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation. (4) To aid, abet, or participate in the doing of any of the acts or things enumerated in subsections (d)(3) and (d)(4) of this Section. (5) To purchase the services of any person engaged in prostitution. (e) Any person arrested under enumerated subsections (c) or (d) of this Section may request screening for a sexually transmissible disease under the direction of the Department, and, if infected, shall submit to appropriate treatment and counseling. (f) Any person convicted under enumerated subsections (c) or (d) of this Section for participation in an act of prostitution shall be required to undergo screening for a sexually transmissible disease under the direction of the Department and, if infected, shall submit to treatment and counseling as a condition of release from probation, community control or incarceration. (g) Any person who participates in an act of prostitution and who, prior to the commission of such crime, had tested positive for a sexually transmissible disease and knew or had been informed that he or she had tested positive for a sexually transmissible disease and that he or she could possibly communicate such disease to another person through sexual activity is guilty of a class D offense. Any person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime or crimes as set forth above. (h) The Department or its authorized representative may examine or cause to be examined any person or inmate who injures a law enforcement or correctional officer, or security personnel employed by the City or its independent agencies, or a firefighter or paramedic acting within the scope of employment. Evidence of injury and a statement by a licensed physician that the nature of the injury is such as to result in transmission of a disease covered by this Chapter shall constitute probable cause for issuance of a warrant duly authorized by a court of competent jurisdiction. (Ord. 87-1494-839, § 1)