The following definitions shall apply in the interpretation
and enforcement of this Article 2:
Any act of sexual gratification involving the sex organs
of one person and the mouth or anus of another.
To transfer possession of, whether with or without consideration.
Material is harmful if, to the average person, applying contemporary
standards, its predominant appeal taken as a whole, is to prurient
interest, that is, a shameful or morbid interest in nudity, sex, or
excretion, which goes substantially beyond customary limits of candor
in description or representation of such matters, and is material,
the redeeming social importance of which, is substantially less than
its prurient appeal.
The use of deception with the intention to injure another's
interest which has economic value.
Having knowledge of the content of the subject matter, or
recklessly failing to exercise reasonable inspection which would have
disclosed the contents thereon.
Any writing, picture, record or other representation or embodiment.
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.
Any place where the conduct may reasonably be expected to
be viewed by others.
It shall be unlawful for any person to commit an assault within
the Village.
A person commits an assault when, without lawful authority,
he or she engages in conduct which places another in reasonable apprehension
of receiving a battery.
It shall be unlawful for any person to commit a battery within
the Village.
A person commits a battery if he or she intentionally or knowingly
without legal justification and by any means:
It shall be unlawful for any person to meander abroad and beg
or go from door to door or place themselves in the streets or other
public places to beg or receive alms.
It shall be unlawful and a public nuisance for any person to
conduct any business or use any premises so as to create an offensive
smell or an odor that may taint the air and render it unwholesome
or disagreeable to any reasonable person, or to the public or to cause
or tend to cause injury or damage to persons, property or business.
It shall be unlawful for any person to commit the offense of
criminal housing management within the Village.
A person commits the offense of criminal housing management
when, having personal management or control of residential real estate,
whether as a legal or equitable owner of residential real estate or
as a managing agent or otherwise, he or she knowingly permits by his
or her gross carelessness or neglect the physical condition or facilities
of the residential real estate to become or remain so deteriorated
that the health or safety of any inhabitant is endangered.
It shall be unlawful for any person to:
(A)
GAMBLING
GAMBLING DEVICE
(1)
(2)
GAMBLING HOUSE
Definitions. Wherever the following words or phrases are used, they shall, for purposes of this Section 17-2-8, have the meanings ascribed to them in this Section 17-2-8(A), except when the context otherwise indicates.
Shall have the meaning set forth in Section 28-1(a) of the
Illinois Criminal Code of 1961, 720 ILCS 5/28-1(a), as may be amended,
but shall not include:
Any clock, tape machine, slot machine or other machine or
device for the reception of money or other thing of value on chance
or skill or upon the action or which money or other thing of value
is staked, hazarded, bet, won or lost, including but not limited to:
any video gaming terminal, as defined in the Video Gaming Act, 230
ILCS 40/5; and any mechanism, furniture, fixture, equipment or other
device designed primarily for use in a gambling place. However, a
"gambling device" does not include.
A coin-in-the-slot operated mechanical device played for amusement
which rewards the player with the right to replay such mechanical
device, which device is so constructed or devised as to make such
result of the operation thereof depend in part upon the skill of the
player and which returns to the player thereof no money, property
or right to receive money or property; or
Vending machines by which full and adequate return is made for
the money invested and in which there is no element of chance or hazard.
Any building, vessel, or other structure or premises that
is used in whole or in part for gambling, including, without limitation,
the use of gambling devices.
(B)
Gambling prohibited. Gambling of any kind, including, without limitation,
the use of any gambling device, is prohibited in the Village.
(C)
Gambling houses. It is hereby unlawful to set up, keep, maintain
or operate, or to permit to be set up, kept, maintained or operated,
a gambling house in the Village. A gambling house shall be deemed
a public nuisance and may be abated by the Village to the extent provided
by law.
It shall be unlawful for any person with knowledge that a person
is under 18 years of age, or who fails to exercise reasonable care
in ascertaining the true age of a child, knowingly to distribute to
or send or cause to be sent to, or exhibit to, or offer to distribute
or exhibit any harmful material to such person.
The predominant appeal to prurient interest of the material
shall be judged with reference to average children of the same general
age of the child to whom such material was offered, distributed, sent
or exhibited, unless it appears from the nature of the matter or the
circumstances of its dissemination, distribution or exhibition that
it is designed for specially susceptible groups, in which case the
predominant appeal of the material shall be judged with reference
to its intended or probable recipient group.
In prosecutions under this Section 17-2-10, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate the material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the material and can justify the conclusion that the redeeming social importance of the material is in fact substantially less than its prurient appeal.
(A)
Nothing in Section 17-2-9 or 17-2-10 of this Code shall prohibit any public library or any library operated by an accredited institution of higher education from circulating harmful material to any person under 18 years of age, provided such circulation is in aid of a legitimate scientific or educational purpose, and it shall be an affirmative defense in any prosecution for a violation of Section 17-2-9 or 17-2-10 of this Code that the act charged was committed in aid of legitimate scientific or educational purposes.
(B)
Proof that the defendant demanded, was shown and acted in reliance upon any of the following documents as proof of the age of a child, shall be a defense to any criminal prosecution under Section 17-2-9 or 17-2-10 of this Code: a document issued by the federal government or any state, county or municipal government or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act or an identification card issued to a member of the armed forces.
(C)
In the event an advertisement of harmful material, as defined in this Article 2, culminates in the sale or distribution of such harmful material to a child, under circumstances where there was no personal confrontation of the child by the defendant, his or her employees or agents, as where the order or request for such harmful material was transmitted by mail, telephone, or similar means of communication, and delivery of such harmful material to the child was by mail, freight, or similar means of transport, it shall be a defense in any prosecution for a violation of Section 17-2-9 or 17-2-10 of this Code that the advertisement contained a statement that the defendant required the purchaser to certify that he or she was not under 18 years of age.
It shall be unlawful for any person under 18 years of age to
falsely state, either orally or in writing, that he or she is not
under the age of 18 years, or to present or offer to any person any
evidence of age and identity which is false or not actually his or
her own for the purpose of ordering, obtaining, viewing, or otherwise
procuring or attempting to procure or view any harmful material.
It shall be unlawful for any person to falsely represent himself
to be an officer of the Village or to, without being duly authorized,
exercise or attempt to exercise any of the duties, functions or powers
of a municipal officer or to hinder, obstruct, resist or otherwise
interfere with any municipal officer in the discharge of his or her
official duties. Specifically, but without limitation of the foregoing,
it shall be unlawful to wear a uniform, cap, insignia, or badge or
in any other way attempt to create the false impression that a person
is a member or official of the Village Police Department or Fire Department.
It shall be unlawful for any person to instigate, cause or procure,
or in any manner assist in any indecent exhibition of any animal or
to exhibit or perform an indecent, immoral or lewd play or show or
representation of any kind.
It shall be unlawful for any person to intentionally perform
any lewd act in a public place or at a place and under circumstances
where such act could be observed by any member of the public.
The owner, manager or operator of premises open to the public
is guilty of permitting lewd conduct if he or she intentionally permits
or causes any lewd act on said premises.
It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Village. Specifically, and without limitation of the foregoing, the following acts and noises are hereby declared to be loud, disturbing and unnecessary noises in violation of this Section 17-2-16 of this Code and defined as nuisances.
(A)
Sound devices: the using, operating, or permitting to be played, used or operated any radio receiving set, television set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants. The operation of any such set, instrument, phonograph, machine or device from 10:00 p.m. until 7:00 a.m. on the following day on Sundays through Thursdays, and from 11:00 p.m. until 7:00 a.m. on the following day on Fridays and Saturdays, in such a manner as to be plainly audible at a distance of 20 feet from where such set, instrument, phonograph, machine or device, or speaker thereof, is located, or at the lot line of the property upon which such set, instrument, phonograph, machine or device is located, whichever is the greater distance therefrom, shall be prima facie evidence of a violation of this Section 17-2-16(A).
(B)
Air-conditioning units and equipment.
(1)
The using, operating, or permitting to be used or operated of any refrigerating equipment, fans, humidifiers, dehumidifiers, or other air-circulating or air-conditioning equipment in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants. The operation of any such equipment in such manner as to be plainly audible at a distance of 30 feet from where such equipment is located, or at the lot line of the property upon which such equipment is located, whichever is the greater distance therefrom, shall be prima facie evidence of a violation of this Section 17-2-16(B).
(2)
In any air-cooled air-conditioning installation in attics or
spaces directly under any roof, the condensers must be located in
such a manner that the discharge created by condenser fans is directed
to the front or rear of said premises, so that said discharged air
is not directed at the adjoining properties.
(C)
Instruments, loudspeakers and amplifiers for advertising: the using,
operating or permitting to be played, used, or operated any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier, instrument, or other machine or device for the producing
or reproducing of sound which is cast upon the public streets for
the purpose of commercial advertising or attracting the attention
of the public to any building or structure.
(D)
Yelling and shouting: yelling, shouting, hooting, whistling, or singing
on the public streets at any time or place so as to annoy or disturb
the quiet, comfort, or repose of persons in any office, or in any
dwelling, hotel or other type of residence, or of any persons in the
vicinity.
(E)
Animals and birds: the keeping of any animal or bird which, by causing
frequent or long continued noise, disturbs the comfort or repose of
any persons in the vicinity.
(F)
Exhausts: the discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motorboat, or motor
vehicle, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(G)
Construction or repairing of buildings: noise emanating from any erection (including excavating), demolition, alteration or repair of any building in violation of Section 14-15-10(M) of this Code.
[Amended 7-20-2021 by Ord. No. 2021-3539]
(H)
Use of gasoline-powered leaf blowers restricted.
[Amended 5-1-2012 by Ord. No. 2012-2998]
(1)
The use of any gasoline-powered leaf blower, whether backpack-mounted,
wheel-mounted or handheld, which includes electric leaf blowers connected
to portable gasoline-powered electric generators, is prohibited: as
follows:
(a)
In the B-1, B-2, B-3, O-,1 PUD, and M-B Zoning Districts of the Village (as defined in Chapter 15 of this Code), before the hour of 9:00 a.m. and after the hour of 5:00 p.m. on Mondays through Fridays, inclusive, and at all times on Saturdays, Sundays, and holidays; and
(b)
In all other zoning districts of the Village: (i) at all and times
from May 15 through September 30 of each year; and (ii) from October
1 of any year through May 14 of the next year, before the hour of
7:00 a.m. and after the hour of 6:00 p.m. on Mondays through Fridays,
inclusive, and before the hours of 7:00 a.m. and after 12:00 noon
on Saturdays, and at all times on Sundays and holidays.
(2)
In the event of a storm or other emergency, upon determining that
it is in the best interests of the safety and welfare of the Village
to use gasoline-powered leaf blowers in cleanup or restoration activities,
the Village Manager may waive the enforcement of the foregoing restrictions.
(3)
Nothing in this Section 17-2-16(H) shall be construed to deem lawn maintenance activities on golf courses or on publicly owned properties as nuisances, whenever conducted.
(I)
Horns and signaling devices: the sounding of any horn or signaling
device on any automobile, motorcycle, or other vehicle on any street
or public place of the Village, except as a danger warning; or the
creation by means of any such signaling device of any unreasonably
loud or harsh sound; and the sounding of any such device for any unnecessary
and unreasonable period of time.
(J)
Defect in vehicle or load: the use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such a manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
(K)
Loading, unloading, and opening boxes: the creation of loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers between the
hours of 10:00 p.m. and 6:00 a.m.
(L)
Noises near schools, houses of worship, and hospitals: the creation
of any excessive noise on any street adjacent to any school, institution
of learning, or house of worship while the same are in use, or adjacent
to any hospital, which unreasonably interferes with the workings of
such institution or which disturbs or unduly annoys patients in the
hospital, but only if conspicuous signs are displayed in such streets
indicating that the proximity of a school, house of worship, or hospital.
(M)
Pile drivers, hammers of all types, etc.: the operation between the
hours of 10:00 p.m. and 6:00 a.m. of any pile driver, steam shovel,
pneumatic hammer, derrick, steam or electric hoist or other appliance,
the use of which is attended by loud or unusual noise.
It shall be unlawful for any person, for the purpose of bathing
or otherwise, to appear in any public place in a state of nudity or
in any indecent and lewd dress or make any indecent exposure of his
or her person.
It shall be unlawful for any person with knowledge of the nature
or content thereof, or recklessly failing to exercise reasonable inspection
which would have disclosed the nature of content thereof, to:
(A)
Sell, deliver or provide, or offer or agree to sell, deliver or provide
any obscene writing, picture, record or other representation or embodiment
of the obscene.
(B)
Present or direct an obscene play, dance or other performance or
participate directly in the portion thereof which makes it obscene.
(C)
Publish, exhibit or otherwise make available anything obscene.
(D)
Perform an obscene act or otherwise present an obscene exhibition
of his or her body for gain.
(E)
Create, buy, procure or possess obscene matter or material with intent to disseminate it in violation of this Section 17-2-18, or of the penal laws or regulations or any other jurisdiction.
(F)
Advertise or otherwise promote the sale of material represented or
held out by him or her to be obscene, whether or not it is obscene.
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. 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, the court
or Administrative Hearing Officer shall consider.
(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.
The creation, purchase, procurement or possession of a mold,
engraved plate or other embodiment of obscenity specially adapted
for reproducing multiple copies, or the possession of more than three
copies of obscene material shall be prima facie evidence of an intent
to disseminate.
It shall be an affirmative defense to obscenity that the dissemination:
It shall be unlawful for any person to cause or permit the discharge,
emission, escape or release into the atmosphere from any source such
quantities of soot, fly ash, dust, cinders, dirt, oxides, gases, vapors,
odors, toxic or radioactive substances, waste or other solid, liquid
or gaseous matter in such quantities and in such place or manner as
to endanger the health, comfort or safety of any person or of the
public or in any such manner as to cause or tend to cause injury or
damage to property or business.
Except as herein provided, it shall be unlawful for any person
to cause or permit the emission of any smoke consisting of small gas-borne
particles other than water, from any source whatever, of a density,
shade, or opacity equal to or greater than described as No. 1 on the
Ringelmann Chart as published by the United States Bureau of Mines.
A copy of the Ringelmann Chart is on file with the Village.
During any eight-hour period, smoke having a density, shade
or opacity equal to but not greater than Ringelmann No. 3 shall be
permitted for a total time of no greater than two minutes.
It shall be unlawful for any person to commit prostitution within
the Village.
Any person who performs, offers or agrees to perform any of
the following acts for money, or other valuable consideration commits
an act of prostitution:
It shall be unlawful for any person to solicit for a prostitute
within the Village.
Any person who performs any of the following acts commits soliciting
for a prostitute:
It shall be unlawful for any person to keep a place of prostitution
within the Village.
Any person who has or exercises control over the use of any
place which could offer seclusion or shelter for the practice of prostitution
who performs any of the following acts keeps a place of prostitution:
(A)
Knowingly grants or permits the use of such place for the purpose
of prostitution.
(B)
Grants or permits the use of such place under circumstances from
which he or she could reasonably know that the place is used or is
to be used for purposes of prostitution.
(C)
Permits the continued use of a place after becoming aware of facts
or circumstances from which he or she should reasonably know that
the place is being used for purposes of prostitution.
It shall be unlawful for any person to patronize a prostitute
within the Village.
Any person who performs any of the following acts commits the
offense of patronizing a prostitute:
It shall be unlawful for any person to commit a public indecency
within the Village.
Any person who performs any of the following acts in a public
place commits a public indecency:
