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PUBLIC NUDITY
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENTITY. Any proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company, or other for profit or not for profit organization.
NUDE. The showing of:
(1) Human male or female genitals or pubic area with less than a fully opaque covering; or
(2) Any portion of the anal cleft or cleavage of the male or female buttocks. Attire that is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, thongs, and any other clothing or covering that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks; or
(3) The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed; or
(4) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
PERSON. Any live human being ten years of age or older.
PLACE PROVIDED OR SET APART FOR NUDITY. Enclosed single sex public restrooms, enclosed single sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor’s offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person’s conduct of being nude is used for his or her profit or where being nude is used for the promotion of business or is otherwise commercially exploited.
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, whether open to the public at large, or whether entrance is limited by a cover charge or membership requirement), hotels, motels, restaurants, night clubs, country clubs, cabarets, and meeting facilities utilized by any religious, social, fraternal or similar organization. Premises, or portions thereof, such as hotel rooms, used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be a public place.
(Ord. O-2003-12, passed 10-29-03)
Cross-reference:
Definitions relating to sexually oriented businesses, see § 115.02
It shall be unlawful for any person to knowingly or intentionally appear nude in a public place or in any other place that is readily visible to the public, except a place provided or set apart for nudity. It shall also be unlawful for any person or entity maintaining, owning, or operating any public place to knowingly, or with reason to know, permit or allow any person to appear nude in such public place, except a place provided or set apart for nudity.
(Ord. O-2003-12, passed 10-29-03)
TRUANCY
It shall be unlawful for any person under the age of 18 years being either:
(A) Enrolled in a public or private school within the city; or
(B) A resident of the city enrolled in a public or private school outside of the city; or
(C) A non-resident of the city enrolled in any public or private school outside of the city;
to be present within the city and to absent himself or herself from attendance at school during session without the permission of his or her parent or legal guardian.
(Ord. O-2006-10, passed 7-3-06) Penalty, see § 131.99
Emergency or unforeseen absences due to illness or other causes beyond the control of the person so absenting himself or herself from school without permission shall not constitute truancy; provided that permission from the parent or legal guardian for such absence is submitted in writing to the proper school authority within 24 hours of such absence.
(Ord. O-2006-10, passed 7-3-06)
ILLEGAL DRUGS
(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DELIVER or DELIVERY. Actual, constructive or attempted transfer of possession of synthetic cannabis, with or without consideration, whether or not there is an agency relationship.
KNOWLEDGE. Knows, acts knowingly, or without knowledge:
(a) The nature or attendant circumstances of his or her conduct, described by division (B) of this section, when he or she is consciously aware that his or her conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of a substantial probability that such fact exists.
(b) The result of his or her conduct, described by division (B) of this section, when he or she is consciously aware that such result is likely to be caused by his or her conduct.
(c) KNOWLEDGE may be inferred from the surrounding circumstances.
MANUFACTURE. The production, preparation, propagation, compounding, conversion or processing of synthetic cannabis, either directly or indirectly, by extraction from substances of natural origin, or independently by means of chemical synthesis, and includes any packaging or repackaging of synthetic cannabis or labeling of its container, except that this term does not include the preparation, compounding, packaging or labeling of synthetic cannabis as an incident to lawful research, teaching or chemical analysis and not for sale.
PERSON. Any individual, corporation, business trust, estate, trust, partnership or association, and any other entity.
POSSESSION. POSSESSION may be either actual or constructive.
(a) ACTUAL POSSESSION. Exercising physical dominion.
(b) CONSTRUCTIVE POSSESSION. May be inferred if the person has intent and capacity to maintain control and dominion over the cannabis or drug paraphernalia.
SYNTHETIC CANNABIS. Includes the brand names K2 and Spice. It is a herbal and chemical product which mimics the effects of Cannabis, including but not limited to, synthetic cannabinoids, cannabicyclohexanol, JWH-018, JWH-073 and HU-210.
(B) Possession prohibited.
(1) Violation. No person shall possess any substance containing synthetic cannabis.
(2) Forfeiture. Any items which may be seized or forfeited pursuant to ILCS Ch. 720, Act 550, § 12, may be forfeited in the same manner as described therein for a violation of this section.
(3) Exception. Any person who manufactures, distributes, dispenses, or is in possession of any controlled substance of synthetic cannabis for research purposes pursuant to ILCS Ch. 720, Act 550, § 11, as hereafter amended, shall be exempt from the provisions of this section.
(Ord. O-2011-05, passed 5-23-11) Penalty, see § 131.99
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