[HISTORY: Adopted by the Board of Trustees of the Village of Coal City. Amendments noted where applicable.]
[Amended 7-27-2016 by Ord. No. 16-16]
Definition. For purposes of this section, "public place" is any place where the conduct may reasonably be expected to be viewed by others.
Breast-feeding of infants is not an act of public indecency.
[Amended 7-27-2016 by Ord. No. 16-16]
Elements 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 or she:
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;
Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene;
Publishes, exhibits, or otherwise makes available anything obscene;
Performs an obscene act or otherwise presents an obscene exhibition of his or her body for gain;
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
Advertises or otherwise promotes the sale of material represented or held out by him or her to be obscene, whether or not it is obscene.
Obscene defined. Any material or performance is obscene if:
The average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest;
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
Taken as a whole, it lacks serious literary, artistic, political, or scientific value.
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.
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 lacking in serious literary, artistic, political, or scientific value.
In any prosecution for an offense under this section, evidence shall be admissible to show:
The character of the audience for which the material was designed or to which it was directed;
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;
The artistic, literary, scientific, educational, or other merits of the material, or absence thereof;
The degree, if any, of public acceptance of the material in this state;
Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material;
Purpose of the author, creator, publisher, or disseminator.
Prima facie evidence. 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.
Affirmative defenses. It shall be an affirmative defense to obscenity that the dissemination:
For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
- Transfer possession of, with or without consideration.
- HARMFUL TO MINORS
- That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when, taken as a whole, it:
- (1) Predominately appeals to the prurient interest in sex of minors,
- (2) Is patently offensive to prevailing standards in the adult community in the state as a whole with respect to what is suitable material for minors, and
- (3) Lacks serious literary, artistic, political, or scientific value for minors.
- Having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents.
- Any person under the age of 18.
- The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.
- SADOMASOCHISTIC ABUSE
- Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one clothed for sexual gratification or stimulation.
- SEXUAL CONDUCT
- Acts of masturbation, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
- SEXUAL EXCITEMENT
- The condition of human male or female genitals when in a state of sexual stimulation or arousal.
A person is guilty of distributing harmful material to a minor when he or she:
Knowingly sells, lends, distributes, or gives away to a minor, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age:
Any material which depicts nudity, sexual conduct or sadomasochistic abuse, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse, and which, taken as a whole, is harmful to minors;
A motion picture, show, or other presentation which depicts nudity, sexual conduct or sadomasochistic abuse and is harmful to minors; or
An admission ticket or pass to premises where there is exhibited or to be exhibited such a motion picture, show, or other presentation; or
Admits a minor to premises where there is exhibited or to be exhibited such a motion picture, show, or other presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age.
In any prosecution arising under this section, it is an affirmative defense:
That the minor as to whom the offense is alleged to have been committed exhibited to the accused a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which was relied upon by the accused;
That the defendant was in a parental or guardianship relationship with the minor or that the minor was accompanied by a parent or legal guardian;
That the defendant was a bona fide school, museum, or public library, or was a person acting in the course of his or her employment as an employee or official of such organization or retail outlet affiliated with and serving the educational purpose of such organization;
That the act charged was committed in aid of legitimate scientific or educational purposes; or
That an advertisement of harmful material as defined in this section culminated 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 employees, or agents, as where the order or request for such harmful material was transmitted by mail, telephone, Internet or similar means of communication, and delivery of such harmful material to the child was by mail, freight, Internet or similar means of transport, which advertisement contained the following statement, or a substantially similar statement, and that the defendant required the purchaser to certify that he or she was not under the age of 18 and that the purchaser falsely stated that he or she was not under the age of 18:
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 sold, lent, distributed or given, unless it appears from the nature of the matter or the circumstances of its dissemination or distribution 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.
Distribution of harmful material in violation of this section is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.
Any person under the age of 18 who falsely states, either orally or in writing, that he or she is not under the age of 18, or who presents or offers to any person any evidence of age and identity that 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 is guilty of a Class B misdemeanor.
A person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or sends, or causes to be sent, or exhibits to, or offers to distribute, or exhibits any harmful material to a person that he or she believes is a minor is guilty of a Class A misdemeanor. If that person utilized a computer web camera, cellular telephone or any other type of device to manufacture the harmful material, then each offense is a Class 4 felony.
Telecommunications carriers, commercial mobile service providers and providers of information services, including, but not limited to, Internet service providers and hosting service providers, are not liable under this section, except for willful and wanton misconduct, by virtue of the transmission, storage or caching of electronic communications or messages of other related telecommunications, commercial mobile services or information services used by others in violation of this section.
[Amended 7-27-2016 by Ord. No. 16-16]
It shall be unlawful for any person to approach or solicit any person or offer herself or himself to any person for immoral purposes upon any public street or in any other public place in the Village.
Keeping house of ill fame. It shall be unlawful for any person within the Village to keep or maintain directly or indirectly any bawdy or disorderly house, house of ill fame or assignation, or place for the practice of fornication or adultery.
Leasing premises for immoral purposes. It shall be unlawful for any person to lease, let, or permit any building or premises within the Village owned by him or her or under his or her control to be used in whole or in part as a house of ill fame or of assignation, or place for the practice of fornication or adultery; to lease any building or premises for a lawful purpose that may afterwards with his or her knowledge be converted in whole or in part into the immoral uses and purposes above set forth in this section; and fail to cause the same to be immediately vacated upon gaining knowledge thereof.
Inmate of house of ill fame. It shall be unlawful for any person to be an inmate or occupant of, or to frequent or be found in any bawdy house, house of ill fame or of assignation, or place used for the practice of fornication or adultery within the Village.
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 any 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 her; or to frequent or be found therein for the purpose of witnessing or betting upon such fighting or baiting within the Village.
For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning:
- Marijuana, 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; fiber produced from such stalks, 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.[Amended 7-27-2016 by Ord. No. 16-16]
It is declared to be an offense for any person to possess cannabis. Any person who violates this section with respect to possession of a substance containing cannabis in an amount:
[Amended 9-14-2016 by Ord. No. 16-23]
No period of imprisonment shall be sought or imposed for violating Subsection B.
[Added 9-14-2016 by Ord. No. 16-23]
Any person knowingly in possession of a substance containing cannabis in an amount exceeding 30 grams shall be prosecuted under the Cannabis Control Act, provided that nothing in this subsection shall prohibit the ordinance violations set forth in Subsection B from being prosecuted as violations of the Cannabis Control Act.
[Added 9-14-2016 by Ord. No. 16-23]
Editor's Note: See 720 ILCS 550/1 et seq.
[Added 9-14-2016 by Ord. No. 16-23]
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
- Shall have the meaning ascribed to it in § 134-7 of the Village Code, as though fully set forth herein.
- CONTROLLED SUBSTANCE
- Shall have the meaning ascribed to it in Section 2(b) of the Drug Paraphernalia Control Act, 720 ILCS 600/2(b), as amended.
- DELIVER or DELIVERY
- Shall have the meaning ascribed to it in Section 2(d) of the Drug Paraphernalia Control Act, 720 ILCS 600/2(c), as amended.
- DRUG PARAPHERNALIA
- Shall have the meaning ascribed to it in Section 2(d) of the Drug Paraphernalia Control Act, 720 ILCS 600/2(d), as amended.
Unlawful possession of drug paraphernalia:
It shall be unlawful for a person who knowingly possesses an item of drug paraphernalia with the intent to use it in ingesting, inhaling, or otherwise introducing cannabis or a controlled substance into the human body, or in preparing cannabis or a controlled substance for that use. This prohibition shall not apply to a person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act or anyone who is in lawful possession of paraphernalia as an authorized cardholder in accordance with the Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/1 et seq., or a successor statute.
Editor's Note: See 720 ILCS 635/0.09 et seq.
In determining intent under Subsection B(1), the trier of fact may take into consideration, in addition to all other logically relevant factors, the proximity of the cannabis or controlled substances to drug paraphernalia or the presence of cannabis or a controlled substance on the drug paraphernalia, statements by any person in control of the object concerning its use, direct or circumstantial evidence of the intent of any person in control of the object, and the existence and scope of legitimate uses for the object.
If a person is convicted of violating Subsection B in connection with a violation of § 137-7B(1) only, then such person shall be fined in an amount not less than $100 and not more than $200 for each such violation.
If a person is convicted of violating Subsection B in connection with a violation of § 137-7B(2) only, then such person shall be fined $750 for each such violation.
Any person in possession of drug paraphernalia other than in connection with a violation of § 137-7B shall be prosecuted under the Drug Paraphernalia Control Act, 720 ILCS 600/1 et seq.
Section 137-8 does not apply to:
Items used in the preparation, compounding, packaging, labeling, or other use of cannabis or a controlled substance as an incident to lawful research, teaching, or chemical analysis and not for sale.
Items historically and customarily used in connection with the planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, or inhaling of tobacco or any other lawful substance. Items exempt under this subsection include, but are not limited to, garden hoes, rakes, sickles, baggies, tobacco pipes, and cigarette rolling papers.
Items listed in the definitions in Subsection A which are used for decorative purposes, when such items have been rendered completely inoperable or incapable of being used for any illicit purpose prohibited by this section.
A person who is legally authorized to possess hypodermic syringes or needles under the Hypodermic Syringes and Needles Act.
[Added 7-27-2016 by Ord. No. 16-16]
Whoever violates any provisions of this chapter for which no other penalty is specified shall be subject to the penalty set forth in § 10-99 of the Code.