(A) Short title; purpose. This section shall be known and may be cited as the Public Morals Nuisance Violation Ordinance. The intent of this section is to abate the demand for prostitution by assessing fines against those individuals patronizing persons in prostitution. The language of this section should not be interpreted to apply to the actions of individuals who attempt to exchange sexual services provided by them for money or things of value.
(B) Definitions. The following words, terms, and phrases, when used in this section, shall have the same meanings ascribed to them in this division, except where the context clearly indicates a different meaning.
PANDERING. Any person who performs any of the following acts for any money, property, token, object, or article or anything of value commits pandering:
(a) Compels a person to become a prostitute; or
(b) Arranges or offers to arrange a situation in which a person may practice prostitution.
PIMPING. Any person who receives any money, property, token, object, or article or anything of value from a prostitute, not for lawful consideration, knowing it was earned in whole or in part from the practice of prostitution, commits pimping.
PROSTITUTION. Any person who performs, offers or agrees to perform any act of sexual penetration as defined in this section for any money, property, token, object, or article or anything of value, or any touching or fondling of sex organs of one person by another person, for any money, property, token, object, or article or anything of value, for the purpose of sexual arousal or gratification, commits an act of prostitution.
PUBLIC PLACE. Any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility or the doorways and entrance ways to any building which, fronts on any of the aforesaid places, or a motor vehicle in or on any such place, or any other public way, within the city.
SEXUAL PENETRATION. Any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.
SOLICITING OF A PROSTITUTE. Any person who performs any of the following acts commits the violation of soliciting for a prostitute:
(a) Solicits another for the purpose of prostitution;
(b) Arranges to meet a prostitute, or offers to arrange a meeting with a prostitute;
(c) Directs another to a place knowing such direction is for the purpose of prostitution.
(C) Street solicitation for prostitution.
(1) Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly attempts to engage, passersby in conversation, or repeatedly interferes with the free passage of other persons, for the purpose of soliciting for a prostitute, shall be guilty of a violation of this division (C).
(2) Any person who remains or wanders about in a public place and repeatedly beckons to, or repeatedly stops, or repeatedly attempts to stop, or repeatedly attempts to engage passersby in conversation, or repeatedly stops or attempts to stop motor vehicles, or repeatedly interferes with the free passage of other persons, for the purpose of pandering shall be guilty of a violation of this division (C).
(3) Any person who responds to the beckoning of a prostitute in a public place by inquiring about, negotiating for accepting an offer of prostitution, or by allowing another into his or her motor vehicle for purposes of inquiring about, negotiating for, accepting an offer of prostitution, shall be guilty of a violation of this division (C). The city shall make available to local newspapers, radio and television stations the names of all persons charged with violating this division (C).
(4) Any person who engages in pimping as defined in this section shall be guilty of a violation of this division (C).
(D) Solicitation by Internet, electronic communication device or print media. Any person who utilizes a computer, phone, any electronic communication device or print media (including but not limited to answering ads and messages on commercial adult-themed websites or answering ads in all forms of print media) in the commission of any of the violations set forth in division (C) of this section shall be guilty of a violation of this division.
(E) Public morals nuisance violations, penalties.
(1) Any person who violates any provision of divisions (C) and (D) of this section shall be civilly liable for a public morals nuisance violation and shall be fined not more than $750. In addition, a violator may be required to complete an education program at the discretion of the Hearing Officer or perform reasonable public service work such as but not limited to the picking up of litter in public parks or along public roads or the maintenance of public facilities.
(2) Any violations of division (C) and (D) of this section by anyone holding a license issued by the city, including but not limited to liquor licensees, may be cause for suspension or revocation of such license.
(3) Any motor vehicle that is used in violation of division (C) and (D) of this section shall be subject to seizure and impoundment pursuant to Chapter 426 of the Code of Ordinances of the city.
(G) Hearing procedures not exclusive. The use of the administrative adjudication procedure for public morals nuisance violations shall not preclude the city from using other methods to enforce this section including, without limitation, the institution of an action in the Cook County Circuit Court or the United States District Court, or any administrative proceedings.
(Ord. 09-31, passed 10-13-2009)