A. Public Indecency: A person commits the offense of public indecency if they knowingly or intentionally, in a public place: 1) engage in sexual intercourse; 2) engage in deviate sexual conduct; 3) appear in a state of nudity; or 4) fondles the genitals of himself/herself or another person.
B. Definitions:
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 open 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 ceremonies, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home; nor shall it include a person appearing in a state of nudity as a model in a 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. (Ord. 1999-03, 3-9-1999)
C. Violation; Penalty:
1. In addition to all other remedies, a person who violates, disobeys, omits, neglects or refuses to comply with any provision of this section shall be sentenced as provided in section 1-4-1 of this code for each offense and may be enjoined from continuing the conduct determined to be public indecency.
2. 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 the offense itself.
3. A club, restaurant, theater or other place where violations of this section occur shall be deemed a public nuisance which shall be subject to abatement. (Ord. 2011-29, 12-20-2011)
D. Interpretation:
1. This section is patterned after 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). It is the intent of the village that this section be interpreted in the same manner as said statute.
2. It is the intent of the village that the definition of "public place" set forth above shall be interpreted to be no more broad than the definition of public place set forth in 720 Illinois Compiled Statutes 5/11-9 as upheld by the Illinois supreme court in People v. Garrison, 82 Ill.2d 444, 412 N.E.2d 483 (1980). (Ord. 1999-03, 3-9-1999)