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Oak Park, IL Code of Ordinances
THE CODE OF THE VILLAGE OF OAK PARK, ILLINOIS
PREFACE TO OAK PARK CODE
PREAMBLE
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
CHAPTER 1 GENERAL PROVISIONS
CHAPTER 2 ADMINISTRATION
CHAPTER 3 ALCOHOLIC LIQUOR DEALERS
CHAPTER 4 AMBULANCES
CHAPTER 5 ANIMALS
CHAPTER 6 AUCTIONS
CHAPTER 7 BUILDINGS
CHAPTER 8 BUSINESS LICENSING
CHAPTER 9 FIRE DEPARTMENT
CHAPTER 10 RESERVED
CHAPTER 11 GAMBLING
CHAPTER 12 HOUSING
CHAPTER 13 HUMAN RIGHTS
CHAPTER 14 LIBRARY
CHAPTER 15 MOTOR VEHICLES AND TRAFFIC
CHAPTER 15A NEWSPAPERS AND NEWSPAPER STANDS
CHAPTER 16 NUISANCES
CHAPTER 17 OFFENSES
CHAPTER 18 PEDDLERS AND SOLICITORS
CHAPTER 19 POLICE DEPARTMENT
CHAPTER 20 PUBLIC HEALTH
CHAPTER 21 SMOKE ABATEMENT AND AIR POLLUTION CONTROL
CHAPTER 22 STREETS AND SIDEWALKS
CHAPTER 23 SUBDIVISIONS
CHAPTER 23A TAXES
CHAPTER 24 TAXICABS
CHAPTER 25 TREES, SHRUBS AND OTHER PLANTS
CHAPTER 26 WATER
CHAPTER 27 WEAPONS
CHAPTER 28 WEIGHTS AND MEASURES
CHAPTER 29 ADMINISTRATIVE ADJUDICATION
CHAPTER 30 SPECIAL EVENTS
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17-1-12: MISCELLANEOUS SEXUAL OFFENSES:
No person shall keep or maintain or be an inmate of or contribute to the support of any place where persons resort for the purpose of fornication or sexual genital stimulation for money or other consideration by whatever physical means. (1981 Code)
17-1-13: OBSCENITY:
   A.   Elements Of The Offense: A person commits the offense of 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 or her body for gain; or
      5.   Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this section, or of the penal laws or regulations of the State of Illinois; 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.
   B.   Obscene Defined: A thing is "obscene" if, considered as a whole, its predominant appeal is to prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, and if it goes substantially beyond customary limits of candor in description or representation of such matters. A thing is obscene even though the obscenity is latent, as in the case of undeveloped photographs.
A thing is obscene if it contains potentially offensive representations or descriptions of nude persons, ultimate sexual acts, normal or perverted sexual conduct (whether actual or simulated), or potentially offensive representations or descriptions of masturbation, excretory functions or lewd exhibition of the genitals.
   C.   Interpretation Of Evidence: Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specifically susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.
Where circumstances of production, presentation, sale, dissemination, distribution or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is utterly without redeeming social importance.
In any prosecution for an offense under this section evidence shall be admissible to show:
      1.   The character of the audience for which the material was designed or to which it was directed;
      2.   What the predominant appeal of the material would be for ordinary adults or a special audience, and what effect if any, it would probably have on the behavior of such people;
      3.   The artistic, literary, scientific, educational or other merits of the material, or absence thereof;
      4.   The degree, if any, of public acceptance of the material in this Village;
      5.   Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material; or
      6.   The purpose of the author, creator, publisher or disseminator. (1981 Code)
17-1-14: PUBLIC INDECENCY:
Any person who performs any of the following acts in a public place commits the offense of public indecency:
   A.   An act of sexual intercourse; or
   B.   An act of deviate sexual conduct; or
   C.   A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person; or
   D.   A lewd fondling or caress of the body of another person of either sex.
"Public place" for purposes of this section means any place where the conduct may reasonably be expected to be viewed by others. (1981 Code)
17-1-15: PROFANE LANGUAGE:
It shall be unlawful to use any profane language to the annoyance of others in any public place or business open to the public. (1981 Code)
17-1-16: CURFEW FOR MINORS:
   A.   Offenses:
      1.   It is unlawful for a person less than eighteen (18) years of age 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 twenty one (21) years of age, approved by a parent or legal guardian or unless engaged in a business or occupation which the laws of the State authorize a person less than eighteen (18) years of age to perform:
         a.   Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M., Saturday;
         b.   Between one minute after twelve o'clock (12:01) A.M. and six o'clock (6:00) A.M., Sunday; and
         c.   Between eleven o'clock (11:00) P.M. on Sunday to Thursday inclusive, and six o'clock (6:00) A.M. on the following day.
      2.   It is unlawful for a parent, legal guardian or other person to knowingly permit a person in his or her custody or control to violate this section.
      3.   The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
   B.   Defenses:
      1.   It is a defense to prosecution under subsection 17-1-16A of this section that the minor was:
         a.   Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Village, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the Village, a civic organization, or another similar entity that takes responsibility for the minor;
         b.   Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly.
   C.   Enforcement: Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection 17-1-16B of this section is present. (Ord. 2004-0-30, 6-21-04)
17-1-17: LICENSE AND OTHER TYPES OF IDENTIFICATION; STEALING, DETACHING OR MUTILATING:
It shall be unlawful for any person, without the consent of the owner or licensee, to take, carry away, detach or mutilate any metal plate, tag, badge or license worn by or attached to any article, substance or thing whatsoever as a mark of identification or otherwise in compliance with the requirements of this Code or any other ordinance of the Village. (1981 Code)
17-1-18: EXHIBITING OR DISPLAYING IDENTIFICATION DEVICES UNLAWFULLY:
It shall be unlawful for any person, not being authorized by this Code or other ordinances of the Village to exhibit or cause to be exhibited or displayed upon his person or upon any animal or vehicle or upon any article, substance or thing whatsoever, any metal plate or any tag, badge or license issued as a mark of identification or otherwise in compliance with any provision of this Code or any other ordinance of the Village. (1981 Code)
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