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Kane County Overview
Kane County, IL Code of Ordinances
KANE COUNTY CODE GENERAL ENACTMENTS OF THE COUNTY
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
CHAPTER 1 GENERAL PROVISIONS
CHAPTER 2 ADMINISTRATION
CHAPTER 2.5 ALARM SYSTEMS
CHAPTER 3 ALCOHOLIC LIQUOR
CHAPTER 3.5 MINORS
CHAPTER 3.75 TRUANCY
CHAPTER 4 AMBULANCES
CHAPTER 5 ANIMAL CONTROL ORDINANCE
CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS
CHAPTER 7 BUSINESS AND COMMERCIAL REGULATIONS
CHAPTER 8 CIVIL DEFENSE AND EMERGENCY SERVICES
CHAPTER 8.5 KANE COUNTY EMERGENCY COMMUNICATIONS BOARD
CHAPTER 9 STORMWATER MANAGEMENT
CHAPTER 10 FIREWORKS
CHAPTER 10.5 FRANCHISE RULES AND REGULATIONS
CHAPTER 11 ENVIRONMENTAL MANAGEMENT
CHAPTER 11.5 HEALTH AND SANITATION
CHAPTER 12 LAW ENFORCEMENT
CHAPTER 13 LAW LIBRARY
CHAPTER 14 MISCELLANEOUS PROVISIONS AND OFFENSES
CHAPTER 14.5 PUBLIC NUDITY
CHAPTER 15 NUISANCES AND PROPERTY MAINTENANCE
CHAPTER 16 PLANNING AND DEVELOPMENT
CHAPTER 17 ROADS AND BRIDGES
CHAPTER 18 PRIVATE SEWAGE DISPOSAL
CHAPTER 18.5 SOLICITING
CHAPTER 19 SUBDIVISIONS
CHAPTER 19.5 LAND CASH
CHAPTER 20 TAXATION
CHAPTER 21 TRAFFIC
CHAPTER 22 TRAILER COACH AND MOBILE HOME PARKS1
CHAPTER 23 WELLS AND WATER SUPPLY
CHAPTER 24 FRANCHISES
CHAPTER 25 ZONING
CHAPTER 26 LIQUOR LICENSES
CHAPTER 27 LAND USE AND RESOURCE MANAGEMENT PLAN FOR KANE COUNTY
CHAPTER 28 ELECTRIC VEHICLE INFRASTRUCTURE
CHAPTER 29 PUBLIC WAYS AND PROPERTY
CHAPTER 30 LOBBYIST REGISTRATION
CHAPTER 14.5
PUBLIC NUDITY
SECTION:
14.5-1: Title
14.5-2: Intent
14.5-3: Definitions
14.5-4: Legislative Findings
14.5-5: Nudity Prohibited In Public Places
14.5-6: Exemptions
14.5-7: Enforcement And Penalties
14.5-8: Territory Embraced
14.5-9: Severability
14.5-10: Breast Feeding Permissible
14.5-1: TITLE:
This chapter shall be known as the KANE COUNTY PUBLIC NUDITY ORDINANCE. (Ord. 96-313, 11-12-1996)
14.5-2: INTENT:
It is the intent of this chapter to protect and preserve the health, safety, welfare, and morals of the citizens of Kane County by prohibiting a person from intentionally or recklessly appearing or being nude, or causing another person to appear to be nude, in a public place and in other places which may reasonably be expected to be observed by the public within the unincorporated areas of Kane County except:
   A.   When such person appears nude in a place provided or set apart for nudity provided: 1) such person is nude for the sole purpose of performing the legal function(s) that is customarily intended to be performed within such place provided or set apart for nudity, and 2) such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity; or
   B.   When the conduct of being nude cannot legally be prohibited by this chapter: 1) because it constitutes a part of a bona fide live communication, demonstration or performance by such person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression and is not a guise or pretense utilized to exploit nudity for profit or commercial gain and as such is protected by the United States or Illinois constitution, or 2) because it is otherwise protected by the United States or Illinois constitution. (Ord. 96-313, 11-12-1996)
14.5-3: DEFINITIONS:
The following terms, when used in this chapter, shall have the following meanings:
BREAST: A portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and areola (the darker colored area of the breast surrounding the nipple) and an outside area of such gland wherein such outside area is: a) reasonably compact and contiguous to the areola and b) contains at least the nipple and the areola and one-fourth (1/4) of the outside surface area of such gland.
BUTTOCKS: (For a short general description see the last sentence of this definition.) The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two (2) imaginary straight lines running parallel to the ground when a person is standing, the first or top such line being one- half inch (1/2") below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being one-half inch (1/2") above the lowest point of the curvature of the fleshly protuberance (sometimes referred to as the gluteal fold), and between two (2) imaginary straight lines, one on each side of the body (the "outside lines"), which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point(s) at which each nate meets the outer side of each leg. Notwithstanding the above, buttocks shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fasciae latae muscle or any of the above described portion of the human body that is between either: a) the left inside perpendicular line and the left outside perpendicular line or b) the right inside perpendicular line and the right outside perpendicular line. For the purpose of the previous sentence the left inside perpendicular line shall be an imaginary straight line on the left side of the anus: a) that is perpendicular to the ground and to the horizontal lines described above and b) that is one-third (1/3) of the distance from the anus to the right outside line. (The above description can generally be described as covering 1/3 of the buttocks centered over the cleavage for the length of the cleavage.)
ENTITY: Any proprietorship, partnership, corporation, association, business trust, joint venture, joint stock company or other for profit and/or not for profit organization.
NUDE: Any person insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully opaque covering:
   A.   The male or female genitals, or
   B.   The male or female pubic area, or
   C.   The female breast (see the last sentence of the definition for "places" provided or set apart for nudity in this section), or
   D.   The buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, dental floss and thongs.Body paint, body dyes, tattoos, liquid latex whether wet or dried, and similar substances shall not be considered opaque covering. Each female person may determine which one-fourth (1/4) of her breast surface area (see definition of "breast") contiguous to and containing the nipple and the areola is to be covered.
PERSON: Any live human being aged ten (10) years of age or older.
PLACES PROVIDED OR SET APART FOR NUDITY: Enclosed single sex public restrooms, enclosed single sex functional shower, locker, and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors' offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person's conduct of being nude is used for the promotion of business or is otherwise commercially exploited.
PUBLIC PLACE: Any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not for profit and whether open to the public at large or where entrance is limited by cover charge or membership requirement), bottle clubs, hotels; motels; restaurants; nightclubs, country clubs; cabarets; meeting facilities utilized by any religious, social, fraternal or similar organization. Premises, or portions thereof such as hotel rooms, used solely as a private residence, whether permanent or temporary in nature shall not be deemed to be a public place. (Ord. 96-313, 11-12-1996)
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