Title XIII GENERAL OFFENSES
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)
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