Chapter 133 OFFENSES AGAINST PUBLIC MORALS AND DECENCY

133.06 Obscenity.

133.08 Indecent exposure.

133.09 Dogfights and cockfights prohibited.

133.10 Possession of cannabis prohibited.

133.11 Illegal possession of alcohol.

133.12 Liquor purchases by minors; intoxication.

133.99 Penalty.

133.06 Obscenity.

(A) Obscenity.
(1) Element 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:
(a) 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;
(b) Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene;
(c) Publishes, exhibits or otherwise makes available anything obscene;
(d) Performs an obscene act or otherwise presents an obscene exhibition of his body for gain;
(e) 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 any other jurisdiction; or
(f) Advertises or otherwise promotes the sale of material represented or held out by him to be obscene, whether or not it is obscene.
(2) Obscene defined. Any material or performance is obscene if:
(a) The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest;
(b) The average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and
(c) Taken as a whole, it lacks serious literary, artistic, political or scientific value.
(3) Interpretation of evidence. Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially 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.
Whether 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 lacking in serious literary, artistic, political or scientific value.
In any prosecution of an offense under this section, evidence shall be admissible to show:
(a) The character of the audience for which the material was designed or to which it was directed;
(b) 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;
(c) The artistic, literary, scientific, educational or other merits of the material, or absence thereof;
(d) The degree, if any, of public acceptance of the material in this state;
(e) Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material;
(f) Purpose of the author, creator, publisher or disseminator.
(B) Violations--Penalty. Any person, firm or corporation violation any of the provisions of this section shall be fined not less than $75 nor more than $750 of each violation except as otherwise provided in the Illinois Statutes. All citations issued for violation of this section shall be in the name of the city and shall be referred to as an ordinance violation. (Ord. 677, passed 4-1-75; Ord. 1520, passed 4-1-03) Penalty, see Section 133.99(A)

133.08 Indecent exposure.

(A) Public indecency.
(1) Any person of the age of 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.
1. Definitions.
“Accused” means a person accused of an offense prohibited by Sections 720 ILCS 5/12-13, 5/12-14, 5/12-15 or 5/12-16 of this code or a person for whose conduct the accused is legally responsible under Article 5 of the Illinois Statutes.
“Bodily harm” means physical harm and includes, but is not limited to, sexually transmitted disease, pregnancy and impotence.
“Family member” means a parent, grandparent, or child, whether by whole blood, half-blood or adoption and includes a step-grandparent, step-parent or step-child. “Family member” also means, where the victim is a child under 18 years of age, an accused who has resided in the household with such child continuously for at least one year.
“Force or threat of force” means the use of force or violence, or the threat of force or violence, including but not limited to the following situations:
(i) When the accused threatens to use force or violence on the victim or on any other person, and the victim under the circumstances reasonably believed that the accused had the ability to execute that threat; or
(ii) When the accused has overcome the victim by use of superior strength or size, physical restraint or physical confinement.
“Public place” for purposes of this section means any place where the conduct may reasonably be expected to be viewed by others.
“Sexual conduct” means any intentional or knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.
“Sexual penetration” means any contact, however slight, between the sex organ or anus of one person by an object, the sex organ, mouth or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.
“Victim” means a person alleging to have been subjected to an offense prohibited by Sections 720 ILCS 5/12-13, 5/12-14, 5/12-15 or 5/12-16 of the Illinois Statutes.
(2) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.
(3) Breast-feeding of infants is not an act of public indecency.
(B) Violations--Penalty. Any person, firm or corporation violating any of the provisions of this section shall be fined not less than $75 nor more than $750 of each violation except as otherwise provided in the Illinois Statutes. All citations issued for violation of this section shall be in the name of the city and shall be referred to as an ordinance violation. (Ord. 677, passed 4-1-75; Ord. 1522, passed 4-1-03)

133.09 Dogfights and cockfights prohibited.

It shall be unlawful for any person to keep or use or be in any way connected with the management either as owner, trainer, spectator, or employee, or in any other capacity of an place kept or used for the fighting, training, or baiting of any dog, cock, or other animal; or to permit such place to be kept or used on premises owned, rented, or controlled by him; or to frequent or be found therein for the purpose of witnessing or betting upon such fighting or baiting within the city. (Ord. 677, passed 4-1-75) Penalty, see Section 133.99(A)

133.10 Possession of cannabis prohibited.

(A) As used in this section the following definition shall apply. “Cannabis.” Marihuana; hashish; and other substances which are identified as including any parts of the plant Cannabis Sativa, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and any compound manufacture, salt, derivative, mixture, or preparation of such plant, its seeds, or resin; including tetrahydrocannabinol (THC) and all other cannabinol derivatives; its naturally occurring or synthetically produced ingredients, whether produced directly or indirectly by extraction, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. “Cannabis” shall not include the mature stalks, oil, or cake made from the seeds of such plant; any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake; or the sterilized seed of such plant which is incapable of germination.
(B) It is declared to be an offense for any person to knowingly possess less than 30 grams of cannabis. Possession of more than 30 grams of cannabis will be prosecuted under state law. (Ord. 701, passed 1-18-77) Penalty, see Section 133.99 (B)

133.11 Illegal possession of alcohol.

(A) It shall be unlawful for any person under the age of 21 years to have any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public.
(B) It shall be unlawful for any person to sell, give, or deliver alcoholic liquor to another person under the age of 21 years except in the performance of a religious ceremony or service.
(C) Violations--Penalty. Any person, firm or corporation violating any of the provisions of this section shall be fined not less than $75 nor more than $750 of each violation except as otherwise provided in the Illinois Statutes. All citations issued for violation of this section shall be in the name of the city and shall be referred to as an ordinance violation. (Ord. 702, passed 2-1-77; amend. Ord. 958, passed 11-19-85; Ord. 1540, passed 4-1-03)

133.12 Liquor purchases by minors; intoxication.

(A) It shall be unlawful for any person under the age of 21 years to become intoxicated or to purchase, offer to purchase, possess, solicit, or in any manner obtain or attempt to obtain unlawfully and intoxicating liquor.
(B) Violations--Penalty. Any person, firm or corporation violating any of the provisions of this section shall be fined not less than $75 nor more than $750 of each violation except as otherwise provided in the Illinois Statutes. All citations issued for violation of this section shall be in the name of the city and shall be referred to as an ordinance violation. (Ord. 803, passed 2-17-81; Ord. 1541, passed 4-1-03)
Cross-reference: Possession, sale, or consumption of alcoholic liquor in public places, see Section 132.20. Public intoxication, see Section 132.13

133.99 Penalty.

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 1061, passed 5-16-89; Ord. 1574, passed 7-15-03)