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A. Prohibited Act: Except for video gaming authorized pursuant to section 4-2-22 of this code, it shall be unlawful for any person to place, make, accept, relay, deliver, or pay any wager or bet on any sporting event or other competition.
B. Lottery Excepted: This section shall not apply to the lottery owned and operated by the state of Illinois. (Ord. 07-18-12-O1, 7-18-2012)
A. Definitions: For the purpose of this section, the following terms shall have the meanings ascribed to them in this subsection:
NUDITY: The showing of the human male or female genitals, pubic area, female breast with less than a full opaque covering of any part of the nipple, the covered male genitals in a discernibly turgid state or that portion of the buttocks which would be covered by a properly worn "thong" type bikini bottom.
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 to the public at large or where entrance is limited by a cover charge or membership requirement), hotels, motels, restaurants, nightclubs, country clubs, cabarets, and meeting facilities utilized by religious, social, fraternal or similar organizations. Premises used solely as a private residence, whether permanent or temporary in nature, shall not be deemed a "public place". "Public place" shall not include enclosed, single sex public restrooms, enclosed, single sex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors' offices, churches, synagogues or similar places when used for circumcisions, baptisms or similar religious ceremonies, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home; nor shall the term include a person appearing in a state of nudity in a modeling class operated by: 1) a proprietary school licensed by the state; a college, junior college, or university supported entirely or partly by taxation; or 2) a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation or an accredited private college. (1965 Code § 9-16-2)
B. Acts Of Public Indecency; Exemption:
1. Any person of the age of seventeen (17) years and upwards who performs any of the following acts in a public place commits a public indecency:
a. An act of "sexual penetration" or "sexual conduct" as defined in 720 Illinois Compiled Statutes 5/12-12; or
b. A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.
2. Breast feeding of infants is not an act of public indecency. (1965 Code § 9-16-1; amd. 2009 Code)
C. Nuisance Declared: A person who knowingly or intentionally encourages or facilitates another person's commission of the offense of public indecency shall be deemed to have committed a public nuisance. (1965 Code § 9-16-4)
D. Interpretation:
1. This section is patterned after and shall be interpreted in the same manner as the Indiana public indecency statute upheld by the United States supreme court in Barnes v. Glen Theatre, Inc., 501 U.S. 560, 111 S. Ct. 2456 (1991).
2. The definition of "public place" set forth in subsection A of this section shall be interpreted to be no more broad than the definition of "public place" set forth in 720 Illinois Compiled Statutes 5/11-9 (formerly Illinois Revised Statutes, chapter 38, section 11-9) as upheld by the Illinois supreme court in People v. Garrison, 82 Ill. 2d 444, 412 N.D. 2d 483 (1980). (1965 Code § 9-16-5)
E. Violation; Penalty: A person convicted of the offense of public indecency shall be fined not less than seven hundred fifty dollars ($750.00) for each offense and may be enjoined from continuing the conduct determined to be public indecency. (1965 Code § 9-16-3)
No person shall exhibit, sell or offer to sell, give away or offer to give away, or have in his or her possession, with or without intent to sell or give away, any obscene or indecent book, pamphlet, paper, drawing, lithograph, engraving, picture, photograph, stereoscopic picture, model, cast or instrument or article of indecent or immoral use. (1965 Code § 9-1-38)
A. Purpose And Intent: It is declared to be the purpose and intent of this section to protect the public health, safety, welfare and morals of the village, to promote the stability of property values and impose restrictions upon those activities which pander to gross sexuality in a manner that would detract from the neighborhood, adversely affect the property values, increase crime and violence, and be repugnant to the morals of the village. In recognition of the protections afforded to the citizens under the first and fourteenth amendments, it is not the intent of this section to inhibit freedom of speech or the press, but rather to deter those of low morals from imposing their lack of morals upon the rest of the village, and further recognizing that those parts of a community which become centers of loose moral conduct frequently become places of rowdiness, criminality, and indecent behavior. It is further the belief that, just as advertising is designed to stimulate one's appetite for desiring goods or a service, an overabundance or preoccupation with sexual displays or material arouses the appetites of those so preoccupied and encourages violations of the criminal statutes involving sexual offenses and is contrary to the health, safety and welfare of the village.
B. Definitions: For the purpose of this section, the following terms shall have the meanings ascribed to them in this subsection:
AVAILABLE TO THE PUBLIC: The activity may be attended on a subscription basis, a membership fee arrangement or for a separate fee for each activity or gathering.
DATE SWAPPING (FORNICATION) 1 : Sexual intercourse with another, not his or her spouse, if the behavior is open and notorious.
ILLICIT SEXUAL CONDUCT: Acts of human masturbation, sexual intercourse or sodomy.
MATE SWAPPING (ADULTERY) 2 : Sexual intercourse with another, not his or her spouse, if the behavior is open and notorious; and 1) the person is married and the other person involved in such intercourse is not his spouse; or 2) the person is not married and knows that the other person involved in such intercourse is married.
OBSCENE: For the average person applying contemporary community standards:
1. The predominant appeal of the matter taken as a whole is to prurient interest, i.e., a shameful or morbid interest in sexual conduct, nudity or excretion; and
2. The matter depicts or describes, in a patently offensive manner, sexual conduct regulated (by the applicable state statute); and
3. The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
PERSON: Any individual, partnership, firm, association, corporation or other legal entity.
PROMOTE: To hold open an apartment, storefront, building, tent or any edifice whatsoever as a place of meeting or place to observe or participate in obscene activities.
C. Promotion Of Gatherings For Illegal Purposes: It shall be unlawful for any person to conduct or operate any building or establishment for the purpose of gathering people for the purpose of encouraging or promoting mate swapping, date swapping, sexual experimentation, group sex, pornography or any illicit sexual conduct.
D. Offensive Business And Nuisance Declared: Any such place of meeting, establishment, or business is hereby ordained an offensive business and a nuisance in fact 3 .
E. Penalty: Whoever violates this section shall, upon conviction thereof, be fined not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00). Each day that a violation is permitted to exist shall constitute a separate offense. (1965 Code § 9-1-54)
Notes
| 1 | 1. 720 ILCS 5/11-8, "fornication". |
| 2 | 2. 720 ILCS 5/11-7, "adultery". |
| 3 | 1. See also title 4, chapter 21, "Live Sex Acts Businesses", and title 13, chapter 5, "Adult Uses", of this code. |
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