§ 26-51. Loitering for unlawful purpose.

(a)

Definitions. For the purpose of this section:

(1)

Commit prostitution shall mean to engage in sexual activity for hire, including homosexual or other deviate sexual relations, and shall also include licentious sexual intercourse with or without hire.

(2)

Known prostitute or panderer shall mean a person who, within one (1) year previous to the date of arrest for violation of this section has, within the knowledge or reasonable belief of the arresting officer, been convicted in any court of the state of any offense relating to or involving prostitution as defined in the statutes of the state or this Code.

(3)

Prostitution shall mean the giving or receiving of the body for sexual intercourse for hire, and shall also be construed to include the giving or receiving of the body for licentious sexual intercourse without hire. The term "prostitution" does not include sex acts between a husband and his wife.

(4)

Public place shall mean an area generally visible to a public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.

(b)

Prohibition. It shall be unlawful for any person to loiter in or upon any public place for the purpose of committing any of the following acts:

(1)

Prostitution, assignation or lewdness.

(2)

Soliciting, inducing, enticing or procuring another to commit prostitution, lewdness or assignation.

(3)

Panhandling or solicitation.

(4)

Gambling.

(5)

Sale or purchase of a controlled substance under F.S. ch. 893.

(c)

Violation; penalty. Violation of this section is punishable as provided in section 1-9.

(Code 1965, § 22-6.2; Ord. No. 78-22, § 2, 12-5-78; Ord. No. 83-46, § 3, 12-19-83; Ord. No. 92-6, § 1, 3-3-92)

State law reference

Loitering, F.S. § 856.021.