G-590 - 05/13/1997 - VILLAGE CODE - Ordinances ORDINANCE 97-PD-OF-G-590
AN ORDINANCE AMENDING SECTION 9-25
OF THE CODE OF ORDINANCES OF THE VILLAGE OF OAR BROOK
REGARDING THE OFFENSE OF PUBLIC INDECENCY
WHEREAS, in an effort to regulate conduct that is adverse to the public
health, safety, welfare and morality within the Village of Oak Brook, the
corporate authorities of the Village believe it is necessary to amend the
definition of the offense of public indecency; and
WHEREAS, the President and Board of Trustees believe that the
prohibitions contained in the public indecency ordinance are the most
reasonable and minimal restrictions required to protect the public health,
safety, welfare and morality from the conduct defined to be "public
indecency";
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the provisions of the preamble hereinabove set forth
are hereby adopted as though fully set forth herein.
Section 2: That Section 9-25 of the Oak Brook Village Code is hereby
amended as follows:
"Section 9-25. Public Indecency.
(a) A person commits the offense of public indecency if he or she
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, herself or another person.
(b) For the purposes of this Section, the following definitions shall
apply:
Nudity means 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 means 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
Ordinance 97-PD-OF-G-590
Amending Section 9-25,
Public Indecency, Page 2
requirement) , hotels, motels, restaurants, night clubs, 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 rest rooms, 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 One Thousand Dollars ($1,000) 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 above shall be
interpreted to be no more broad than the definition of Public
Place set forth in 720 ILCS 5/11-9 as upheld by the Illinois
Supreme Court in People v. Garrison, 82 Ill.2d 444, 412 N.E.2d 483
(1980) .
Section 3: That this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
Section 4: That the Village Clerk is hereby authorized and directed to
publish this ordinance in pamphlet form in the manner provided by law.
PASSED THIS 13th day of May, 1997.
Ordinance 97-PD-OF-G-590
Amending Section 9-25,
Public Indecency, Page 3
Ayes: Trustees Caleel, Kenny, McInerney, Savino and Shumate
Nays: None
Absent: Trustee Bartecki
Abstain: None
APPROVED THIS 13th day of May, 1997.
*Vllag�Aesident
;.�. ATTEST• s
�4z s � �t, lerk H
Approved as to Form:
Village Attorney
Published 5-14-97 Pamphlet form
Date Paper
Not Published