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8-4-091 Prohibited manner of managing or controlling real estate.
   It shall be a violation of this section when any person who, when having management authority over or control of residential real estate, whether as a legal or equitable owner or as a managing agent or otherwise, recklessly permits the physical condition or facilities of the residential real estate to become or remain in any condition which endangers the health or safety of any person. Such conduct shall include, but not be limited to, (a) recklessly allowing property to be improperly secured, resulting in the commission of a crime against a resident of the property or against any other person, (b) recklessly allowing property to collapse or partially collapse, resulting in injury to a person inside or outside of a building, (c) recklessly allowing property to remain in violation of applicable building code, fire code, or other applicable code provisions, (d) recklessly failing to respond to reasonable requests by the city to repair a property that is in violation of an applicable provision of the Municipal Code, or (e) recklessly endangering the health and safety of any person by illegally altering or modifying a structure to increase the number of dwelling units or living spaces within the structure, or by allowing any such alteration or modification to continue or to be used. Any person found to have violated this section shall be: (a) subject to a fine of not less than $500.00 for each offense, (b) incarcerated for not more than 180 days, and/or (c) ordered to perform community service for a period not to exceed 200 hours. A separate and distinct offense shall be regarded as committed each day on which such person shall continue any such violation.
   This section shall not apply to any freestanding, owner-occupied single-family home or to any owner- occupied townhouse; provided, however, that this exception shall not apply to a single-family home, or to a townhouse, which is rented, or to any structure that is altered or modified in violation of Title 17, Section 11.13-1 (17-44-565)* of the Municipal Code. For purposes of this section a townhouse shall refer to: one of a row of houses connected by common side walls.
(Added Coun. J. 2-8-95, p. 65368; Amend Coun. J. 2-7-96, p. 15460)
* Editor's note – Section no longer exists in the Code.
8-4-100 Reserved.
Editor's note – Coun. J. 10-3-01, p. 68130, § 4, repealed § 8-4-100, which pertained to vagrancy.
8-4-110 Disturbing places of worship.
   Any person who shall disquiet or disturb any congregation or assembly met for religious worship by making a noise, or by rude and indecent behavior or profane discourse within the place of worship, or so near to the same as to disturb the order and solemnity of the meeting, shall be fined not exceeding $50.00 for each offense.
(Prior code § 193-4)
8-4-120 Damage to public property.
   No person shall cut, injure, mark, damage or deface any public building, sewer, water pipe, or hydrant, or other city property, fixture or personal property, or any tree, grass, shrub, or walk in any public way or public park.
   Any person violating this section shall be fined not less than $500.00 nor more than $1,000.00 for each offense.
(Prior code § 193-5; Amend Coun. J. 7-29-98, p. 75096; Amend Coun. J. 7-30-14, p. 85776, § 3)
8-4-125 Use of cell phones/cameras/camera phones in public privacy areas.
   No person shall use a camera/cell phone or other device capable of preserving and/or transmitting an image in any public "privacy area". For purposes of this section, "privacy area" shall be defined as rooms in structures, or other areas whether or not enclosed, designated for the administration of examinations, clinics, hospitals and areas where a person should reasonably expect to have privacy, including but not limited to showers, locker rooms/changing rooms, bathrooms, lactation rooms, automatic teller machine areas, and cashier lines. Possession of said devices in these areas is lawful if the image preserving and/or transmitting portion of the device is not operational.
   Videotaping, photographing and filming by law enforcement officers pursuant to a lawful criminal investigation is exempt from this section.
   Any person violating any provision of this section shall be fined not less than $5.00 nor more than $500.00 for each offense.
(Added Coun. J. 3-10-04, p. 19865, § 1; Amend Coun. J. 3-31-04, p. 21244, § 1)
8-4-126 Unauthorized video recording and live video transmission – "Upskirting" and other related offenses.
   (a)   Unlawful act. It shall be unlawful for any person to knowingly make a video record or transmit live video of another person under or through the clothing worn by that other person for the purpose of viewing the body of or the undergarments worn by that person without that person's consent.
   (b)   Definitions. As used in this section:
      (1)   "Video record" means any videotape, photograph, film, or other electronic or digital recording of a still or moving visual image; and
      (2)   "Live video" means any real-time or contemporaneous electronic or digital transmission of a still or moving visual image.
   (c)   Exemptions. The following activities shall be exempt from the provisions of this section:
      (1)   The making of a video record or transmission of live video by law enforcement officers pursuant to a criminal investigation, which is otherwise lawful; and
      (2)   The making of a video record or transmission of live video by correctional officials for security reasons or for investigation of alleged misconduct involving a person committed to the Illinois Department of Corrections, the Cook County Department of Corrections or other similar correctional agency.
   (d)   Penalty. Any person violating any provision of this section shall be fined not more than $500.00 for each offense.
(Added Coun. J. 5-28-14, p. 80908, § 1)
8-4-127 Cyberstalking and cyber-flashing.
   (a)   Definitions. For purposes of this Section, the following definitions shall apply:
      (1)   "Harass" means to engage in a knowing and willful course of conduct directed at a specific person that alarms, torments or terrorizes that person.
      (2)   "Electronic communication" means any transfers of signs, signals, writings, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectric or photo-optical system.
      (3)   "Electronic communication" includes transmissions by a computer through the Internet to another computer.
      (4)   "Family or household member" includes spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who shared or formerly shared a common dwelling, persons who have or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, and persons with disabilities and their personal assistants. For purposes of this ordinance neither a casual acquaintanceship nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute a dating relationship.
      (5)   "Cyber-flashing" means to knowingly and without lawful justification send an intimate image to another person through the use of data-dropping technology without the request or express consent of the person.
      (6)   "Data-dropping technology" means technology that enables the transfer of files, including, but not limited to, pictures, videos, or texts, using wireless local area networking devices to cellular telephone users located within close proximity with the sender. The term "data-dropping technology" does not include transferring of files through e-mail, telephone text messaging, or by posting on social media networks.
      (7)   "Intimate body parts" means the genitals, pubic area or anus of any individual.
      (8)   "Intimate image" means a photograph, film, videotape, recording or any other reproduction of an image of an individual with fully or partially exposed intimate body parts or engaged in sexual activity.
      (9)   "Sexual activity" means: (i) human genitals in a state of sexual stimulation or arousal; (ii) acts of human masturbation, sexual intercourse or sodomy; or (iii) fondling or other erotic touching of intimate body parts.
   (b)   Cyberstalking. No person shall cyberstalk another. Cyberstalking is an act committed when one knowingly and without lawful justification, on at least two (2) separate occasions, harasses another person through the use of electronic communication and:
      (1)   At any time transmits a threat of immediate or future bodily harm, sexual assault, confinement, or restraint and the threat is directed towards that person or a family member of that person, or
      (2)   Places that person or a family member of the person in reasonable apprehension of immediate or future bodily harm, sexual assault, confinement or restraint.
   (c)   Cyber-flashing. No person shall engage in cyber-flashing.
   (d)   Violation and penalty. Any person who violates this section, upon conviction thereof, shall be punished by a fine of no more than $500.00 for the first offense. Subsequent convictions shall be punished by a fine of no more than $1,000.00. In addition to such fines, any such offense may also be punished as a misdemeanor by incarceration in a penal institution other than a penitentiary for a term of up to ninety (90) days or by a requirement to perform up to 1,500 hours of community service under the procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code, as amended, and in the Illinois Code of Criminal Procedure of 1963, as amended, in a separate proceeding. All actions seeking the imposition of fines only shall be filed as quasi-criminal actions subject to the provisions of the Illinois Code of Civil Procedure, as amended.
   (e)   Construction. Nothing in this Section shall be construed to impose liability upon the following entities solely as a result of content or information provided by another person:
      (1)   an interactive computer service, as defined in 47 U.S.C. § 230(f)(2);
      (2)   a provider of public mobile services or private radio services, as defined in Section 13-214 of the Public Utilities Act, codified at 220 ILCS 5/13-214; or
      (3)   a telecommunications network or broadband provider.
(Added Coun. J. 1-9-08, p. 19685, § 2; Amend Coun. J. 4-22-20, p. 15029, § 1)
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