A. A person commits the offense of public indecency if he knowingly or intentionally, in a public place:
1. Engages in sexual intercourse;
2. Engages in deviate sexual conduct;
3. Appears in a state of nudity; or
4. Fondles the genitals of himself or another person.
B. For the purposes of this Section, the following definitions shall apply:
NUDITY: The showing of the human male or female genitals, pubic area, female breast with less than a full opaque covering any part of the nipple, the covered male genitals in a discernably 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 or 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 it 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 transferrable to a college, junior college or university supported entirely or partly by taxation or an accredited private college.
C. 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.
D. 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.
E. 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, Ill. S.Ct. 2456 (1991).
F. The definition of "public place" set forth in subsection B 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 as upheld by the Illinois Supreme Court in People v. Garrison, 82 Ill.2d 444, 412 N.E.2d 483 (1980). (Ord. G-577, 10-22-1996; Ord. G-590, 5-13-1997; Ord. G-1127, 3-27-2018)