5-3-2: ANIMALS AT LARGE ON PUBLIC HIGHWAYS:

No person or owner of livestock shall allow livestock to run at large. All owners of livestock shall provide the necessary restraints to prevent such livestock from so running at large. It shall be a defense to this section that reasonable care was used in restraining such animals from running at large. (Ord. 860, 4-12-1995)

5-3-3: OFFENSES AFFECTING OR INVOLVING CHILDREN:

   A.   Endangering Life Or Health Of Children: It shall be unlawful for any person having the care or custody of any child, wilfully to cause or permit the life of such child to be endangered, or the health of such child to be injured, or wilfully cause or permit such child to be placed in a situation that its life or health may be endangered.

   B.   Abandonment Of Refrigerators In Places Accessible To Children: Whoever abandons or discards in any place accessible to children any refrigerator, icebox or ice chest, of a capacity of one and one-half (11/2) cubic feet or more, which has an attached lid or door which may be opened or fastened shut by means of an attached latch, or who, being the owner, lessee, manager of such place, knowingly permits such abandonment of any discarded refrigerator, icebox or ice chest to remain there in such condition shall be guilty under this subsection.

   C.   Sale Of Certain Publications To Minors Prohibited: It shall be unlawful for any person to sell, lend, give away or show, or have in his possession with intent to sell or give away, or to show or advertise, or otherwise offer for loan, gift or distribution to any minor child, any book, pamphlet, magazine, newspaper, story paper or other printed paper devoted to the publication, or principally made up of criminal news, police reports, or accounts of criminal deeds, or pictures and stories of deeds of bloodshed, lust or crime.

   D.   Curfew:

      1.   Age And Hour Restrictions: It is unlawful for a person under the age of seventeen (17) years to be present at or upon any public assembly, building, place, street or highway at the following times unless accompanied and supervised by a parent, legal guardian or other responsible companion at least eighteen (18) years of age approved by a parent or legal guardian or unless engaged in a business or occupation in which the laws of this state authorize a person less than seventeen (17) years of age to perform:

         Between 12:01 A.M. and 6:00 A.M. Saturday;

         Between 12:01 A.M. and 6:00 A.M. Sunday; and

         Between 11:00 P.M. on Sunday to Thursday, inclusive, and 6:00 A.M. on the following day.

      2.   Parental Responsibility: It is unlawful for a parent or legal guardian to knowingly permit a person in his custody or control to violate subsection D1 of this section.

      3.   Minors at Village Events.

         a.   No person under the age of eighteen (18) years of age shall be present or attend any Village event including but not limited to Monee Fall Fest, parades, and any event hosted by the Village and taking place on Village property unless accompanied by that minor’s parent or legal guardian.

         b.   The Village reserves the right to waive these limitations for an event and/or set allotted times that these restrictions may be in place. This determination shall be made by the Mayor, in conjunction with the Police Department. Public Safety shall be the paramount basis for implementation of any restrictions on event participants. If this ordinance is to be enforced as written , with no limitation for a given event and/or set allotted times, the Mayor shall post a notice indicating the same. This notice shall be posted no later than 48 hours prior to such event on the Village web site and such notice shall be displayed at the event. (Ord. 860, 4-12-1995; amd. Ord. 2064, 7-24-2024)

5-3-4: INDECENCY, OBSCENITY AND HARMFUL MATERIALS:

   A.   Public Indecency:

      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 section 5-3-1 of this chapter; or

         b.   A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.

      2.   "Public place", for purposes of this subsection, means any place where the conduct may reasonably be expected to be viewed by others.

   B.   Prostitution:

      1.   Defined: Any person who performs, offers or agrees to perform any act of "sexual penetration" as defined in section 5-3-1 of this chapter, for money, or any touching or fondling of the sex organs of one person by another person, for money or anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.

      2.   Soliciting For A Prostitute: Any person who performs any of the following acts commits soliciting for a prostitute:

         a.   Solicits another for the purpose of prostitution; or

         b.   Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or

         c.   Directs another to a place knowing such direction is for the purpose of prostitution.

      3.   Keeping A Place Of Prostitution: Any person who has or exercises control over the use of any place which could offer seclusion or shelter for the practice of prostitution who performs any of the following acts keeps a place of prostitution:

         a.   Knowingly grants or permits the use of such place for the purpose of prostitution; or

         b.   Grants or permits the use of such place under circumstances from which he could reasonably know that the place is used or is to be used for purposes of prostitution; or

         c.   Permits the continued use of a place after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.

      4.   Pimping: Any person who receives money or other property from a prostitute, not for a lawful consideration, knowing it was earned in whole or in part from the practice of prostitution, commits pimping.

      5.   Juvenile Pimping:

         a.   Any person who receives money or other property from a prostitute under sixteen (16) years of age or from a prostitute who is an institutionalized severely or profoundly mentally retarded person, not for a lawful consideration, knowing it was earned in whole or in part from the practice of prostitution, commits juvenile pimping.

         b.   It is an affirmative defense to a charge of juvenile pimping that the accused reasonably believed the person was of the age of sixteen (16) years or over or was not an institutionalized severely or profoundly mentally retarded person at the time of the act giving rise to the charge.

   C.   Obscenity; Elements Of The Offense: A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he:

      1.   Sells, delivers or provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or

      2.   Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; or

      3.   Publishes, exhibits or otherwise makes available anything obscene; or

      4.   Performs an obscene act or otherwise presents an obscene exhibition of his body for gain; or

      5.   Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this subsection C, or of the penal laws or regulations of any other jurisdiction; or

      6.   Advertises or otherwise promotes the sale of material represented or held out by him to be obscene, whether or not it is obscene.

   D.   Harmful Materials:

      1.   Elements Of The Offense: A person who, with the knowledge that a person is a child, that is, a person under eighteen (18) years of age, who fails to exercise reasonable care in ascertaining the true age of a child, knowingly distributes to or sends or causes to be sent to, or exhibits to, or offers to distribute or exhibit any harmful material to a child, is guilty of this offense.

      2.   Definitions:

    DISTRIBUTE: To transfer possession of, whether with or without consideration.

   KNOWINGLY: As used in this subsection D, means having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents thereof.

   MATERIAL: A. Material is harmful if, to the average person, applying contemporary standards, its predominant appeal, taken as a whole, is to prurient interest, that is a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation or such matters, and is material the redeeming social importance of which is substantially less than its prurient appeal.

   B.   "Material", as used in this subsection, means any writing, picture, record or other representation or embodiment.

      3.   Interpretation Of Evidence:

         a.   The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was offered, distributed, sent or exhibited, unless it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.

         b.   In prosecutions under this subsection D, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate the material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the material and can justify the conclusion that the redeeming social importance of the material is in fact substantially less than its prurient appeal.

      4.   Affirmative Defenses:

         a.   Nothing in this subsection D shall prohibit any public library or any library operated by an accredited institution of higher education from circulating harmful material to any person under eighteen (18) years of age, providing such circulation is in aid of a legitimate scientific or educational purpose, and it shall be an affirmative defense in any prosecution of a violation of this subsection D that the act charged was committed in aid or legitimate scientific or educational purposes.

         b.   Nothing in this subsection D shall prohibit any parent from distributing to his child any harmful material.

         c.   Proof that the defendant demanded, was shown and acted in reliance upon any of the following documents as proof of the age of a child, shall be a defense to any criminal prosecution under this subsection D: a document issued by the federal government or any state, county or municipal government or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the federal selective service act or an identification card issued to a member of the armed forces.

      5.   Child Falsifying Age: Any person under eighteen (18) years of age who falsely states, either orally or in writing, that he is not under the age of eighteen (18) years, or who presents or offers to any person any evidence of age or identity which is false or not actually his own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material shall likewise be guilty under this subsection D. (Ord. 860, 4-12-1995)

5-3-5: ASSAULT AND BATTERY:

   A.   Assault: A person commits an assault when, without lawful authority, he engages in conduct which places another in reasonable apprehension of receiving a battery.

   B.   Battery: A person commits battery if he intentionally or knowingly without legal justification and by any means:

      1.   Causes bodily harm to an individual; or

      2.   Makes physical contact of an insulting or provoking nature with an individual.

   C.   Battery Of An Unborn Child:

      1.   A person commits battery of an unborn child if he intentionally or knowingly without legal justification and by any means causes bodily harm to an unborn child.

      2.   For purposes of this subsection C, "unborn child" shall mean any individual of the human species from fertilization until birth, and "person" shall not include the pregnant woman whose unborn child is harmed.

      3.   This subsection C shall not apply to acts which cause bodily harm to an unborn child if those acts were committed during any abortion, as defined in section 2 of the Illinois abortion law, as amended, to which the pregnant woman has consented. This subsection C shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.

   D.   Domestic Battery: A person commits domestic battery if he intentionally or knowingly without legal justification by any means:

      1.   Causes bodily harm to any family or household member as defined in subsection (3) of section 112(a)-3 of the code of criminal procedure, as amended;

      2.   Makes physical contact of an insulting or provoking nature with any family or household member as defined in subsection (3) of section 112(a)-3 of the code of criminal procedure, as amended. (Ord. 860, 4-12-1995)

5-3-6: LOITERING:

No person shall loiter in a public place in such a manner as to:

   A.   Create or cause to be created a danger of a breach of the peace, or in any way contribute to such danger as it already exists.

   B.   Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.

   C.   Obstruct the free passage of pedestrians or vehicles.

   D.   Obstruct, molest or interfere with any person lawfully in any public place. This shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to or in whose presence, they are made.

   E.   Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated above, that officer may, if he deems it necessary for the preservation of the peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this subsection. (Ord. 860, 4-12-1995)

5-3-7: DISORDERLY CONDUCT:

A person commits disorderly conduct when he knowingly:

   A.   Does any act in such unreasonable manner as to alarm or disturb another or to provoke a breach of the peace; or

   B.   Transmits in any manner to the fire department of the village or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or

   C.   Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place; or

   D.   Transmits in any manner to any peace officer, public officer or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense has been committed; or

   E.   Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or

   F.   While acting as a collection agency as defined in the collection agency act 1 or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or

   G.   Transmits a false report to the department of children and family services under section 4 of the abused and neglected child reporting act 2 ; or

   H.   Knowingly transmits a false report to the department of public health under the nursing home care reform act of 1979 3 ; or

   I.   Transmits in any manner to the police department or fire department or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technical ambulance or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that such assistance is required; or

   J.   Transmits a false report under article II of an act in relation to victims of violence and abuse, being 320 Illinois Compiled Statutes 15/1 et seq. (Ord. 860, 4-12-1995)

 

Notes

1	1. 225 ILCS 425/1 et seq.
2	2. 325 ILCS 5/4 et seq.
3	1. 210 ILCS 45/1-101 et seq.

5-3-8: RECKLESS CONDUCT:

A person who causes bodily harm to or endangers the bodily safety of an individual by any means, commits reckless conduct if he performs recklessly the acts which cause the harm or endanger safety, whether they otherwise are lawful or unlawful. (Ord. 860, 4-12-1995)