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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)
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)
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)
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. |
It shall be unlawful to discharge any firearms or air gun in the village; provided, that this chapter shall not be construed to prohibit any officer of the law to discharge a firearm in the performance of his duty, nor to any citizen to discharge a firearm when lawfully defending his person or property. (Ord. 860, 4-12-1995)
A. It shall be unlawful for any person to knowingly possess, offer for sale, expose for sale, sell at retail, or use or explode any fireworks. This section shall not apply to the board of trustees in the village who shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks, nor to those individuals granted a permit for that limited purpose. Applications for permits shall be consistent with 425 Illinois Compiled Statutes 35/2.
B. The police in lieu of filing of a long form complaint may issue a P-ticket or short form citation to a person violating this section.
C. Any person found to be in violation of this section is subject to a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00). (Ord. 1450, 7-25-2007)
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