Prostitution, sexual activity, assignation, lewdness; soliciting or manifesting an intent to solicit prostitution, sexual activity, assignation, or lewdness.
Miami City Code § 46-10
in effectSec. 46-10. - Prostitution, sexual activity, assignation, lewdness; soliciting or manifesting an intent to solicit prostitution, sexual activity, assignation, or lewdness.
(a) This section may be referred to as the "Prostitution Ordinance." Nothing herein shall be construed as prohibiting mere loitering in any public place.
(b) 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:
(1) Prostitution shall have the meaning as set forth in F.S. § 796.07(1), as the same may be amended from time to time.
(2) Within public view means within areas generally accessible by or visible to the public, including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, unenclosed automobiles (whether moving or not), doorways and entrances to buildings or dwellings and the grounds surrounding them and buildings open to the general public, including those which serve food or drink or provide entertainment. The interior enclosed portion of a structure not open to the general public shall not be considered "within public view."
(3) Sexual activity shall have the meaning as set forth in F.S., § 796.07(1), as the same may be amended from time to time, and shall also include any act of lewdness or assignation as those terms are defined herein.
(4) Assignation means to make any appointment or engagement for prostitution or lewdness or any act in furtherance of such appointment or obscene act.
(5) Lewdness means to give or receive the body for hire for an indecent or obscene act.
(6) Solicit means inducing, asking, enticing, requesting or otherwise encouraging a person to commit a crime. The crime solicited need not be committed.
(7) Previously verified pattern of solicitation activity means the occurrence of a series of activities, in close temporal proximity to each other, three or more of which meet each of the following criteria:
a. The activities are those activities described in subsection (d).
b. The activities are the same activities that precede, in close temporal proximity, a prior solicitation for prostitution assignation or lewdness, for which the person engaging in the activities was convicted.
c. The activities occur within one year of the date of conviction required in subsection (b).
(c) It shall be unlawful for any person to exhibit, within public view, a previously verified pattern of solicitation activity.
(d) Activities which are part of a previously verified pattern of solicitation activity:
(1) The person repeatedly beckons to, stops or attempts to stop passersby or engages them in conversation.
(2) The person repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or by any other bodily gesture.
(3) The person approaches a passerby or motorist, leaves with that person for a short period of time and upon return to the same area, repeats this pattern with a different person.
(4) The person takes flight or tries to conceal himself or herself upon the appearance of a law enforcement officer.
(5) The person gestures to, touches or exposes his or her breast, groin or buttocks.
(6) The person inquires whether a potential patron, of procurer or a prostitute is a police officer or searches for articles that would identify a police officer.
(7) The person inquires of a potential patron or procurer of a prostitute about an act that would constitute sexual activity.
(8) The person requests the touching or exposure of his or her breast, groin, or buttocks.
(e) No police officer shall arrest an individual for a violation of this section for the mere act of loitering, soliciting a ride from a vehicle for hire, entering a motor vehicle or waving at a passing motor vehicle.
(f) A person who is convicted of a violation of this section may be required to pay a fine not to exceed $500.00, and may be sentenced to a definite term of imprisonment not to exceed 60 days.
(Ord. No. 11407, § 2, 10-10-96)
Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH46PUNU_S46-10PRSEACASLESOMAINSOPRSEACASLEFetched: 11/1/2026