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  • Chapter 14 – OFFENSES AND MISCELLANEOUS PROVISIONS Modified

    FOOTNOTE(S):

    — (1) —

    Cross reference— Drinking alcoholic beverages in public, § 3-3; failure to return library property, § 12-5 et seq.

  • ARTICLE I. – IN GENERAL modified

  • Sec. 14-1. – State offenses. Modified

    (a)

    Any person committing an offense within the corporate limits of the city or within the police jurisdiction thereof, which is declared by a law, or laws, of the state, now existing or hereafter enacted, to be a misdemeanor, shall be guilty of an offense against the city.

    (b)

    Any person committing an offense within the corporate limits of the city or within the police jurisdiction thereof, which is declared by a law, or laws, of the state, now existing or hereafter enacted, to be a violation, shall be guilty of an offense against the city.

    (c)

    Any person committing within the corporate limits of the city or within the police jurisdiction thereof, an offense as defined by section 13A-1-2 of the Code of Alabama 1975 (Alabama Criminal Code), which offense is not declared by a law, or laws, of the state, now existing or hereafter enacted, to be a felony, misdemeanor or violation, shall be guilty of an offense against the city.

    (Code 1970, § 16-23; Ord. No. 1450, §§ 1—3, 9-22-83)

  • Sec. 14-2. – Reserved.

    Editor’s note—

    Ord. No. 1881, § 10, adopted Aug. 28, 1995, repealed Ord. No. 1401 and Ord. No. 1429 § 1 of which had been codified as § 14-11, private alarm systems, and §§ 1—9 of Ord. No. 1881 pertained to similar subject matter. Subsequently, Ord. No. 1889, § 1, adopted Dec. 18, 1995, repealed Ord. No. 1881.

  • Sec. 14-3. – Massage parlors, etc.

    (a)

    It shall be unlawful for any person to operate or maintain in the city a massage salon, bath parlor or any similar business where or in which any physical contact with the recipient of any service therein provided is provided by a person of the opposite sex; regardless of whether such facility is public or private.

    (b)

    It shall be the duty of the city clerk to revoke the license theretofore issued to any person to maintain and operate the establishment or place of business wherein the provisions of this section shall have been violated.

    (Code 1970, § 16-16.1)

    Cross reference— As to prostitution, see § 14-30 et seq.

  • Sec. 14-4. – Discharging weapons.

    It shall be unlawful to discharge, fire or shoot, or cause to be discharged, fired or shot, any firearm, air gun, air rifle, cross-bow or slingshot, which fires, or shoots any cartridge or shot-shell, ball, pellet or missile, or solid substance, within the city, except in a regularly licensed and established shooting range or shooting gallery; provided, however, that nothing contained in this section shall be construed to prohibit any officer of the law from discharging a weapon in the performance of such officer’s duty, nor to prohibit any citizen from discharging a weapon when lawfully defending such person’s person or property.

    (Code 1970, § 16-26; Ord. No. 1374, § 1, 10-22-79)

  • Secs. 14-5—14-19. – Reserved.

  • ARTICLE II. – LODGING ACCOMMODATIONS Modified

    FOOTNOTE(S):

    — (2) —

    Cross reference— Hotel/motel tax, § 6-131 et seq.

  • Sec. 14-20. – Registration of guests—Generally.

    (a)

    Every person, proprietor, owner, operator or lessee, or agent, conducting any hotel or motel in the city shall at all times keep and maintain at the main or central entrance or office thereof a book or register in which each patron or occupant occupying any room or accommodations therein shall inscribe with ink or indelible pencil the name, age and home address of each patron occupying any such room or accommodations in any such place. Such book or register shall be signed at the main or central entrance or office of any such hotel or motel, and not elsewhere on the premises, by each patron occupying any room or accommodations of any sort in any of above-named places, and the proprietor, owner, operator or lessee, of any such hotel or motel, or agent, shall thereupon write opposite such name so registered the license number and make of motor vehicle, if any, in which such patron or occupant traveled to such hotel or motel, the date and hour of arrival and the room or quarters rented or assigned to such patron or occupant.

    (b)

    Until all of the aforesaid entries have been made in such book or register at the main or central entrance or office of any such hotel or motel, no patron or occupant shall occupy or be suffered, permitted or allowed to occupy privately any room, garage, driveway or other accommodations in such hotel or motel.

    (c)

    When the patron or occupant of each room or accommodations so rented or occupied shall quit, surrender or check out of same, it shall be the further duty of the proprietor of such hotel or motel, or agent, to enter the time of departure of such patron or occupant in such book or register opposite the name of such patron or occupant.

    (d)

    The book or register of any such hotel or motel shall be open to inspection at all times by the chief of police or any police officer of the city on duty at the time of any such inspection, for a period of two (2) years after the making of each entry in such book or register.

    (Code 1970, § 12-1)

  • Sec. 14-21. – Same—Use of fictitious name; unlawful occupancy or sexual intercourse.

    It shall be unlawful for any patron or occupant of any room or accommodations in any hotel or motel to write, or cause to be written, or knowingly permit to be written, in any book or register in any such hotel or motel any other or different name or designation than the true name of the patron or occupant registering therein, or the true name by which such patron or occupant is generally known, or to occupy any room or other accommodations in such place with a member of the opposite sex other than the lawfully wedded spouse or minor child of such patron or occupant or to have sexual intercourse in such hotel or motel with any person other than the lawfully wedded spouse of such patron or occupant.

    (Code 1970, § 12-2)

  • Sec. 14-22. – Same—Preservation of register.

    It shall be the duty of the proprietor, owner, operator or lessee, or agent, of any hotel or motel to keep and preserve the book or register in which the entries are required to be made for a period of two (2) years from the date of each such entry and to keep the same available and open at all times during such period of time for inspection by the chief of police or any duly appointed police officer of the city on duty at the time of such inspection.

    (Code 1970, § 12-3)

  • Sec. 14-23. – Rental, occupancy, etc., of accommodations by minor; report thereof.

    (a)

    It shall be unlawful for any minor child to rent, lease, use or occupy any room or other accommodations in any hotel or motel at any time unless in the company and presence of the parent, guardian or legal custodian of such minor child, and it shall be unlawful for any proprietor or agent, servant, employee or lessee of any such place to permit or allow any room or accommodations in any such place to be rented, leased, used or occupied by any minor child, except in the company and presence of the parent, guardian or other legal custodian of such minor child.

    (b)

    In the event that any minor child not in the company or presence of the parent, guardian or other legal custodian of such minor child should rent, lease, use or occupy any room or accommodations in any such place, it shall be the duty of the proprietor, agent, servant, employee or lessee of any such place to immediately report to the chief of police the name, age, sex and home address of any such minor thus renting, leasing, using or occupying any room or accommodations in any such place.

    (Code 1970, § 12-6)

  • Sec. 14-24. – Violations of article.

    Violation of any provision of this article by any proprietor, owner, operator, manager or lessee, or agent, of any hotel or motel shall constitute grounds for revocation by the governing body of the license of any such proprietor, owner, operator, manager or lessee of any such hotel or motel to do and engage in such business in the city and, in addition, each person convicted of any violation shall be punished as provided by section 1-8.

    (Code 1970, § 12-8)

  • Secs. 14-25—14-29. – Reserved.

  • ARTICLE III. – PROSTITUTION

  • Sec. 14-30. – Definitions.

    As used in this article, the following terms shall have the respective meanings ascribed to them:

    Prostitution: The commission by a person of any natural or unnatural sexual act, for a monetary consideration or other thing of value.

    House of prostitution: A place in which people resort for the purpose of engaging in natural or unnatural sexual acts for which a monetary consideration or other thing of value is charged, or any place in which any person resides for the purpose of prostitution as the term is defined herein.

    (Ord. No. 1639, §§ 1, 9, 1-11-88)

  • Sec. 14-31. – Prostitution unlawful.

    It shall be unlawful for any person, within the city or within the police jurisdiction thereof, to commit an act of prostitution as that term is defined in this article.

    (Ord. No. 1639, § 2, 1-11-88)

  • Sec. 14-32. – Soliciting, inviting or enticing persons for the purpose of prostitution; loitering for such purpose.

    (a)

    No person shall solicit, invite or entice any person to have sexual intercourse or participate in any natural or unnatural sexual act for a monetary consideration or a thing of value.

    (b)

    No person shall loiter, lurk, remain or wander about in a public place, or in a place within view of the public, or in a place open to the public, for the purpose of prostitution, or of patronizing a prostitute or of soliciting for prostitution, and therefore conduct such person’s self in a manner or under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such a purpose is manifested are: That such person is a known prostitute or panderer, having been convicted within the past year under the terms of this or any other section or subsection of this article, the fact of such conviction being known to the arresting officer at the time of arrest therefor; that such person repeatedly beckons to, stops, attempts to stop, or interferes with the free passage of other persons, or repeatedly attempts to engage passers-by in conversation; or, that such person repeatedly stops or attempts to stop motor vehicle operators by hailing, waiving of arms or other bodily gesture. No conviction shall be had under the terms of this subsection based on proof merely of a single incident of conduct described herein or only on one (1) similar act, or upon proof of only one (1) such incident in conjunction with proof of a prior conviction of an offense prescribed within this article.

    (Ord. No. 1639, § 3, 1-11-88)

  • Sec. 14-33. – Agreeing to engage in sexual conduct for value.

    No person shall agree to engage in sexual intercourse with another or participate in any natural or unnatural sexual act for a monetary consideration or other thing of value, or accept such monetary consideration or other thing of value in furtherance of such agreement.

    (Ord. No. 1639, § 4, 1-11-88)

  • Sec. 14-34. – Causing or allowing members of family to prostitute themselves.

    No person shall cause or knowingly and willfully allow or permit such person’s spouse or other member of such person’s family to solicit, invite, or entice any person to have sexual intercourse or participate in any natural or unnatural sexual act for a monetary consideration or other thing of value.

    (Ord. No. 1639, § 5, 1-11-88)

  • Sec. 14-35. – Transportation of persons for immoral purposes.

    It shall be unlawful for any common carrier or for the driver or person in charge of any taxicab or other public service vehicle to knowingly transport, aid, or abet in the transportation of any person to or from any place in the city for the purpose of prostitution.

    (Ord. No. 1639, § 6, 1-11-88)

  • Sec. 14-36. – Aiding, abetting, procuring, and receiving profit from prostitution.

    No person shall knowingly: (1) Cause or aid a person to commit or engage in prostitution; (2) procure or solicit patrons for prostitution; (3) provide persons or premises for prostitution purposes; (4) receive or accept money or other thing of value pursuant to a prior agreement with any person whereby such person participates or is to participate in the proceeds of any prostitution activity; or (5) operate or assist in the operation of a house of prostitution or a prostitution enterprise.

    (Ord. No. 1639, § 7, 1-11-88)

  • Sec. 14-37. – Servants of lodging, places aiding or abetting prostitution.

    (a)

    It shall be unlawful for any bellhop, elevator operator, desk clerk, servant or employee of any hotel, motel, inn, boarding house, apartment house or any lodging place of like kind for the purpose of or in the furtherance of unlawful sexual misconduct or prostitution to: (1) Conduct any person to the room of any guest or occupant of such place; or (2) carry any note or message to or from a person to or from any guest or occupant of such place.

    (b)

    It shall be unlawful for the owner or manager of any hotel, motel, inn, boarding house, apartment house, or any lodging place of like kind to employ therein any person who has been convicted of aiding or abetting prostitution.

    (Ord. No. 1639, § 8, 1-11-88)

  • Sec. 14-38. – Residing in or frequenting house of prostitution.

    (a)

    It shall be unlawful for any person, within the city or within the police jurisdiction thereof, to reside in, to visit, or to resort to any house of prostitution.

    (b)

    Any person charged with visiting or resorting to any house of prostitution may plead in mitigation or justification that such person visited or resorted to such house on a lawful mission and not for any immoral or illegal purpose, and the burden of proof shall rest upon such person to reasonably satisfy the court of the truth of such plea.

    (Ord. No. 1639, § 10, 1-11-88)

  • Sec. 14-39. – Keeping a house of prostitution.

    No person shall own, lease, operate, manage, keep or permit any property or premises under such person’s control to be kept or used as a house of prostitution, or keep therein anyone for the purpose of prostitution, or allow anyone to visit or resort thereto for such purpose.

    (Ord. No. 1639, § 11, 1-11-88)

  • Sec. 14-40. – Duty of owner or agent to evict certain tenants.

    (a)

    The chief of police shall notify in writing the owner or agent of any house, building, structure or premises used as a house of prostitution that such is in violation of this article and that such owner or agent is under a duty to evict any tenants who have been convicted of a violation of this article within fifteen (15) days of receipt of such notice.

    (b)

    It shall be unlawful for the owner of any house, building, structure or premises or the owner’s agent upon receiving such notice to refuse or fail to evict any tenants of the described property who have been convicted of a violation of this article within fifteen (15) days of receipt of such notice.

    (Ord. No. 1639, § 12, 1-11-88)

  • Sec. 14-41. – Authority of police to raid house of prostitution.

    Whenever affidavit is made before a municipal judge by any person that such person has good cause to believe, and does believe, that any house, building, or part thereof, particularly designating the same, is being kept or used for the purpose of carrying on prostitution, any police officer is authorized, and it shall be such officer’s duty, to break into and enter such house or part thereof upon refusal of occupant to open the same, and to arrest all persons found therein.

    (Ord. No. 1639, § 13, 1-11-88)

  • Secs. 14-42—14-60. – Reserved.

  • ARTICLE IV. – SEX OFFENDERS Modified

    FOOTNOTE(S):

    — (3) —

    Editor’s note— Ord. No. 2271, states “an ordinance to adopt the provisions of Chapter 20 (entitled sex offenders) of Title 15 of the Code of Alabama, 1975 (The “Act”) and Act No. 2005-301 amending sections of Title 13, Title 14 And Title 15 of the Code of Alabama.”

  • Sec. 14-61. – Adoption.

    The city council, does by the adoption of this article, incorporate into this article the provisions of the Act and the Amended Act, as defined herein above, which should include but not be limited to the inclusion in this article of all terms, conditions, provisions and definitions as provided by the Act and the Amended Act.

    (Ord. No. 2271, § 1, 11-28-2005)

  • Sec. 14-62. – Additional notification.

    In addition to the provisions of the Act and the Amended Act, as identified above, the city does desire to provide for additional notification of the presence of sex offenders within the city and does, in addition to the provisions of the Act and Amended Act, require the following:

    (1)

    That the chief of police shall provide annual community notification to all residents living within the two thousand (2,000) feet of the place of residence of all registered sex offenders, which community notification shall be in addition to notifications required by the Act and the Amended Act.

    (2)

    That all hotel/motel and apartment owners and management shall post in the lobby of such facilities photos of all sex offenders living and working at the hotel/motel and apartment facilities pursuant to notification and information provided to the hotel/motel and apartment owners and management by the chief of police of the city or any other law enforcement agency.

    (3)

    That community notification shall be provided to all of the residences and businesses within two thousand (2,000) feet of the place of employment of all registered sex offenders as defined by the Act and Amended Act.

    (4)

    That the notification requirements as provided by this article shall be in addition to and shall supplement the provisions and other requirements as provided by the Act and Amended Act.

    (Ord. No. 2271, § 2, 11-28-2005)

  • Sec. 14-63. – Act and Amended Act.

    If any of the provisions of this article conflict with the terms, conditions, provisions or definitions of the Act and the Amended Act, the Act and the Amended Act shall prevail.

    (Ord. No. 2271, § 3, 11-28-2005)

  • Sec. 14-64. – Violation.

    That the violation of any section of this article shall constitute a misdemeanor and any person, firm or corporation violating the provisions thereof, on conviction, shall be punished as provided by section 1-8 of the Code Ordinances of the City of Homewood adopted and approved by the city council and mayor of the city, or as the same may hereinafter be amended.

Updated: August 19, 2015 — 8:28 pm

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