O-799-93 08/09/93ITEM VI .0
VILLAGE OF LEMONT
ORDINANCE NO. 799
ORDINANCE AMENDING CHAPTER 19.6 ENTITLED
Orr ENSES AGAINST PUBLIC PEACE AND DECENCY AND
CHAPTER 9.36 ENTITLED OBSCENE MATERIALS AND CONDUCT
OF THE MUNICIPAL CODE OF LEMONT
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 10 day of G , 1993.
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Cook, Will and DuPage
Counties, Illinois, this Wt day
of at4-r.(42 , 1993.
ORDINANCE NO. // % /
ORDINANCE AMENDING CHAPTER 19.6 ENTITLED
Or FENSES AGAINST PUBLIC PEACE AND DECENCY AND
CHAPTER 9.36 ENTITLED OBSCENE MATERIALS AND CONDUCT
OF THE MUNICIPAL CODE OF LEMONT
BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont
that the Lemont Municipal Code Chapter 19.6 and Chapter 9.36 be amended as follows:
Chapter 19.6 Section 9.1600. NUDITY IN A PUBLIC PLACE.
It shall be unlawful for any person who knowingly or intentionally, in a public
place, appears in a state of nudity. Nudity shall be defined under the definitional terms
as set forth in Chapter 9.36 of the Lemont Municipal Code.
Chapter 9.36 Entitled OBSCENE MATERIALS AND CONDUCT Section 9.36.010.
DEFINITIONS.
E. "Nudity" means the showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering, the showing of the female breast with
less than a fully opaque covering of any part of the nipple, or the showing of the covered
male genitals in a discernibly turgid state.
This Ordinance shall be in full force and effect from and after its passage, approval
and publication in the manner provided by law.
All Ordinances or parts of Ordinances in conflict herewith shall be and the same
are hereby repealed.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE,
ILLINOIS, on this fa day of , 1993.
NAYS PASSED ABSENT
AYES
Barbara Buschman
Alice Chin
Keith Latz
William Margalus
Richard G. Rimbo
Ralph Schobert
�/'
CHARLENE M. SMOLLEN, Village Clerk
Approved by me this day of , 1993.
Attest:
CHARLENE M. SMOLLEN, Village Clerk
B:IORDINANCE/NUDR Y
TO: Village President and Board of Trustees
FROM: John P. Antonopoulos
RE: Appropriate Swim Attire at the Park District
DATE: July 29, 1993
Dear President Kwasneski and Board Members:
I apologize to the Village Board and the Lemont Township Park District for the
delay in rendering an opinion regarding the Park District's request to adopt an Ordinance
"Regulating Appropriate Swimming Attire for Public Parks and Pools ". Although adopting
the Ordinance prepared by the Park Staff may appear rather simple, the legal
consequences to the Village may be detrimental. Ordinances affecting freedom of speech
and expression, as you know, are protected by the United States Constitution and The Civil
Rights Act. Violations of these civil rights by municipalities can result in payment of
damages and attorneys fees. In order for the Village to regulate this area, careful
consideration must be exercised by the Trustees and our Police Department which will be
charged with enforcing the Ordinance adopted.
During my research of this issue, I have taken the liberty of contacting the Illinois
Municipal League and several surrounding communities to review various Ordinances
regulating proper swimsuit attire, copies of which are attached. Many of the Ordinances
that address bathing suits were either so vague as to render them unconstitutional and
unenforceable or don't attempt to regulate them at all. Our own Ordinance, Chapter
9.16.100, states "it is unlawful for any person to bathe in any public place or in any place
open to the public view unless such person is adequately garbed in a bathing suit ". The
obvious question is, what is "adequately garbed ?" In the Lemont Obscenity Ordinance,
Chapter 9.36.010, we define nudity to mean "showing of the human male or female genitals
or pubic area with less than fully opaque covering, or the depiction of covered male
genitals in a discernibly turgid state ". Our own State Legislature has attempted to regulate
public indecency and obscenity by adopting 720 IL CS 5/11 -20 and Chapter 38, Section 11-
8 (copies of which are enclosed for your review). The Public Indecency Act makes it an
offense for a person 17 years and older to expose his/her body in a lewd manner with the
intent to sexually arouse or satisfy the sexual desire of the person. The State Obscenity
Statute makes it an offense to exhibit or otherwise make available anything obscene.
"Obscene" is defined in the statute and sets forth various standards that a court must
consider in making its determination.
As you can see, the State of Illinois has elected not to legislate nudity per se nor
attempt to define nudity in a public place. I can only speculate that they left the matter
up to local municipalities or are concerned with the enforcement and interpretation. Some
states, however, have adopted nudity statutes and have made it a criminal offense. A
recent United States Supreme Court 1991 case analyzing the Indiana Public Indecency
Statute has confirmed that governmental police power grants authority for public health,
safety, and morals, and permits government to both "protect the social interest in order of
morality." The Indiana Statute makes it an offense to appear in a state of nudity and then
defines nudity as "the showing of the human male or female genitals, pubic area, or
buttocks with less than fully opaque covering, the showing of the female breast with less
than a fully opaque covering of any part of the nipple, or the showing of covered male
genitals and the discernibly turid state." The significants of this case and the
interpretation of the Indiana State Obscenity Statute confirms that the Supreme Court has
accepted a nudity definition and has applied the statute to all public places. If the Village
Board is to amend our Public Indecency Ordinance, I would suggest that the exact
language of the Indiana State Statute be incorporated as to protect us against any
constitutional challenges.
In order to assist the Lemont Township Park District in regulating appropriate
swim attire, I would suggest that Chapter 9.16, entitled "Offenses Against Public Peace and
Decency" be amended and specifically Paragraph 9.16.100 provide as follows: "That it is
unlawful for any person who knowingly or intentionally, in a public place, appear in a
state of nudity." Nudity then will be defined in the same terms as the Indiana State
Statute as I have outlined in this Memorandum. I would also suggest that the "General
Pool Rules" that are adopted by the Lemont Township Park District also include whatever
additional language they feel appropriate. I have enclosed a copy of the current Centennial
Pool General Rules which do not make any reference to swim attire.
If any of the Board Members have any specific questions relating to any of the
issues that have been raised in this Memorandum, please feel free to contact me directly.
Very truly yours,
JPA:paj
Joh tonopoulos
720 ILCS 5/11 -19.2
1720 ILCS 570/100 et seq.
2720ILCS 550/1 et seq.
Historical and
P.A. 85 -1194 added the subdivision subject-
ing persons convicted to the forfeiture provi-
sions of § 11 -20.1A of this act.
P.A. 85 -1392 included institutionalized se-
verely or profoundly mentally retarded per-
sons.
P.A. 85 -1440, the First 1989 Revisory Act,
provides in Art. II, for the nonsubstantive revi-
Cross References
Statutory Notes
sion, renumbering, repeal or rerepeal of cer-
tain Acts both amended and repealed by Acts
of the 85th General Assembly and, where suc-
cessor laws have been enacted, incorporates
such amendments into successor laws, and cor-
rects errors, revises cross - references and de-
letes obsolete text in such sections contained in
P.A. 85 -1015 through PA. 85 -1427.
AIDS testing, see 730 ILCS 5/5 -5-3.
Convicted felons, employment by school boards, see 105 ILCS 5/10 -21.9, 5/34 -185.
Counseling services for victims, payment by defendant, see 730 ILCS 5/5 -5-6.
Library References
Illinois Practice. Criminal Practice and Pro-
cedure, Vol. 6 (1989), Pieczynski.
Infants 4=13.
WESTLAW Topic No. 211.
C.J.S. Infants §§ 5, 92 to 98.
Nature and elements of offense 1
Witnesses 2
Notes of Decisions
ities. People v. Goodson, App. 5 Dist.1985, 86
I1.Dec. 789, 131 IllApp.3d 734, 475 N.E.2d
1356.
1. Nature and elements of offense
To be held accountable for confinement de-
scribed by exploitation of child statute, inter-
ference with victim's free locomotion need not
be absolutely restricted. People v. Goodson,
App. 5 Dist.1985, 86 Ill.Dec. 789, 131 Ill.App.3d
734, 475 N.E.2d 1356.
To constitute confinement proscribed by ex-
ploitation of child statute, it must be shown
that child submitted against child's will or in-
clination to control of accused so that accused
was able to accomplish any of prohibited activ-
2. Witnesses
In prosecution for exploitation of a child,
trial court did not abuse its discretion in deny-
ing defendant's pretrial motion to order psychi-
atric examination of victim to ascertain if she
had mental or emotional concredibility; it n tht would
affect her competency
defen-
dant's assertion that might be a suffering
conjec-
ture psychological problems
based on fact that victim was runaway.
People v. Goodson, App. 5 Dist.1985, 86 Ill.Dec.
789, 131 I11.App.3d 734, 475 N.E.2d 1356.
5/11 -20. Obscenity
§ 11 -20. Obscenity. (a) Elements of the Offense. A person commits
obscenity when, with knowledge of the nature or content thereof, or reckless-
ly failing to exercise reasonable inspection which would have disclosed the
nature or content thereof, he:
(1) 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; or
(2) Presents or directs an obscene play, dance or other performance or
participates directly in that portion thereof which makes it obscene; or
(3) Publishes, exhibits or otherwise makes available obscene; or
(4) Performs an obscene act or otherwise presents an
his body for gain; or 160
SEX OFFENSES
(5) Creates, buys, procures or possesses obscene
intent to disseminate it in violation of this Section,
regulations of any other jurisdiction; or
(6) Advertises or otherwise promotes the sale of
held out by him to be obscene, whether or not it is
(b) Obscene Defined.
Any material or performance is obscene if: (1) the average person, applying
contemporary adult community standards, would find that, taken as a whole,
it appeals to the prurient interest; and (2) 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 masturba-
tion, excretory functions or lewd exhibition of the genitals; and (3) taken as a
whole, it lacks serious literary, artistic, political or scientific value.
(c) 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 circum-
stances of its dissemination to be specially designed for or directed to such an
audience.
Where circumstances of production, presentation, sale, dissemination, dis-
tribution, 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:
(1) The character of the audience for which the material was designed or to
which it was directed;
(2) 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;
(3) The artistic, literary, scientific, educational or other merits of the
material, or absence thereof;
(4) The degree, if any, of public acceptance of the material in this State;
(5) Appeal to prurient interest, or absence thereof, in advertising or other
promotion of the material;
(6) Purpose of the author, creator, publisher or disseminator.
(d) Sentence.
Obscenity is a Class A misdemeanor. A second or subsequent offense is a
Class 4 felony.
(e) Prima Facie Evidence.
720 ILCS 5/11-20
matter or material with
or of the penal laws or
material represented or
obscene.
161
720 ILCS 5/11 -20 CRIMINAL CODE OF 1961
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 3 copies of obscene material
shall be prima facie evidence of an intent to disseminate.
(f) Affirmative Defenses.
It shall be an affirmative defense to obscenity that the dissemination:
(1) Was not for gain and was made to personal associates other than
children under 18 years of age;
(2) Was to institutions or individuals having scientific or other special
justification for possession of such material.
(g) Forfeiture of property.
(1) Legislative Declaration. Obscenity is a far - reaching and extremely
profitable crime. This crime persists despite the threat of prosecution and
successful prosecution because existing sanctions do not effectively reach the
money and other assets generated by it. It is therefore necessary to supple-
ment existing sanctions by mandating forfeiture of money and other assets
generated by this crime. Forfeiture diminishes the financial incentives which
encourage and sustain obscenity and secures for the State, local government
and prosecutors a resource for prosecuting these crimes.
(2) Definitions.
(i) "Person" means an individual, partnership, private corporation, public,
municipal, governmental or quasi - municipal corporation, unincorporated as-
sociation, trustee or receiver.
(ii) "Property" means:
(a) real estate, including things growing on, affixed to and found in land,
and any kind of interest therein; and
(b) tangible and intangible personal property, including rights, privileges,
interests, claims and securities.
(3) Forfeiture of Property. Any person who has been convicted previously
of the offense of obscenity and who shall be convicted of a second or
subsequent offense of obscenity shall forfeit to the State of Illinois:
(i) Any property constituting or derived from any proceeds such person
obtained, directly or indirectly, as a result of such offense; and
(ii) Any of the person's property used in any manner, wholly or in part, to
commit such offense.
(4) Forfeiture Hearing. At any time following a second or subsequent
conviction for obscenity, the court shall, upon petition by the Attorney
General or the State's Attorney, conduct a hearing to determine whether there
is any property that is subject to forfeiture as provided hereunder. At the
forfeiture hearing the People shall have the burden of establishing by prepon-
derance
of the evidence that such property is subject to forfeiture.
(5) Prior Restraint.
162
SEX OFFENSES 720 ILLS 5/11-20
Nothing in this subsection shall be construed as authorizing the prior
restraint of any showing, performance or exhibition of allegedly obscene
films, plays or other presentations or of any sale or distribution of allegedly
obscene materials.
(6) Seizure, Sale and Distribution of the Property.
(i) Upon a determination under subparagraph (4) that there is property
subject to forfeiture, the court shall authorize the Attorney General or the
State's Attorney, except as provided in this Section, to seize all property
declared forfeited upon terms and conditions as the court shall deem proper.
(ii) The Attorney General or State's Attorney is authorized to sell all
property forfeited and seized pursuant to this Article, and, after the deduction
of all requisite expenses of administration and sale, shall distribute the
proceeds of such sale, along with any moneys forfeited or seized, in accor-
dance with subparagraph (iii) hereof. If the Attorney General or State's
Attorney believes any such property describes, depicts or portrays any of the
acts or activities described in subsection (b) of this Section, he shall apply to
the court for an order to destroy such property, and if the court determines
the property describes, depicts or portrays such acts it shall order the
Attorney General or State's Attorney to destroy such property.
(iii) All monies and the sale proceeds of all other property forfeited and
seized pursuant hereto shall be distributed as follows:
(a) Fifty percent shall be distributed to the unit of local government whose
officers or employees conducted the investigation into and caused the arrest
or arrests and prosecution leading to the forfeiture, or, if the investigations,
arrest or arrests and prosecution leading to the forfeiture were undertaken by
the sheriff, this portion shall be distributed to the county for deposit in a
special fund in the county treasury appropriated to the sheriff. Amounts
distributed to the county for the sheriff or to the units of local government
hereunder shall be used for enforcement of laws or ordinances governing
obscenity and child pornography. In the event, however, that the investiga-
tion, arrest or arrests and prosecution leading to the forfeiture were undertak-
en solely by a State agency, the portion provided hereunder shall be paid into
the State treasury to be used for enforcement of laws governing obscenity and
child pornography.
(b) Twenty -five percent shall be distributed to the county in which the
prosecution resulting in the forfeiture was instituted, deposited in a special
fund in the county treasury and appropriated to the State's Attorney for use in
the enforcement of laws governing obscenity and child pornography.
(c) Twenty -five percent shall be distributed to the Office of the State's
Attorneys Appellate Prosecutor and deposited in the Obscenity Profits Forfei-
ture Fund, which is hereby created in the State Treasury, to be used by the
Office of the State's Attorneys Appellate Prosecutor for additional expenses
incurred in prosecuting appeals arising under Sections 11 -20 and 11 -20.1 of
the Criminal Code of 1961. Any amounts remaining in the Fund after all
additional expenses have been paid shall be used by the Office to reduce the
participating county contributions to the Office on a pro -rated basis as
163
720 ILCS 5/11 -20
CRIMINAL CODE OF 1961
determined by the board of governors of the Office of the State's Attorneys
Appellate Prosecutor based on the populations of the participating counties.
(7) Construction of subsection (g).
It shall be the intent of the General Assembly that this subsection be
liberally construed so as to effect its purposes. The forfeiture of property and
other remedies hereunder shall be considered to be in addition, and not
exclusive of any sentence or other remedy provided by law. Subsection (g) of
this Section shall not apply to any property of a public library or any property
of a library operated by an institution accredited by a generally recognized
accrediting agency.
Laws 1961, p. 1983, § 11 -20, eff. Jan. 1, 1962. Amended by Laws 1961, p. 2456, § 1,
eff. Aug. 1, 1961; Laws 1965, p. 964, § 1, eff. July 1, 1965; Laws 1967, p. 2975, § 1, eff.
Aug. 14, 1967; P.A. 77 -2638, § 1, eff. Jan. 1, 1973; P.A. 84 -709; § 1, eff. Jan. 1, 1986;
P.A. 85 -1014, § 1, eff. Jan. 1, 1989.
Formerly I11.Rev.Stat.1991, ch. 38, ¶ 11 -20.
Committee Comments -1961
Revised in 1972 by Charles H. Bowman
The provisions on obscenity have been placed with other sex crimes in
Article 11. This has been done on the theory that the dissemination of
obscenity, while it may also be other things, is primarily an offense against
sexual morals. The provisions of section 11 -20 are not coterminous with
former legislative sections on obscenity (Il1.Rev.Stat.1961, ch. 38, §§ 468 to
472a) because of the general reorganization of the entire substantive law of
crimes in the Code. Consequently, attention is .directed to other provisions of
the Code which are related to obscenity. In particular note section 11 -9
(Public Indecency), Article 26 (Disorderly Conduct), and Article 27 (Criminal
Defamation).
Section 11 -20 is essentially the American Law Institute Model Penal Code
draft. Slight rewording has been accomplished to bring that draft into accord
with other provisions of this Code. The basic position taken by the Commit-
tee is a realistic, one in that it recognizes that today society often condones
literature, movies, and other art which may incidentally provide erotic stimu-
lation. And, in agreement with the drafters of the Model Penal Code, the
Committee aimed primarily at the commercial dissemination of obscenity.
(See generally Model Penal Code § 207.10, comment at 5 -92 (Tent.Draft No. 6,
1957).
Section 11 -20 is similar to former Illinois legislation on this subject, al-
though some changes have been made which should be noted. (See Ill.Rev.
Stat.1961, ch. 38, §§ 468 to 472a). First of all, the definition of obscenity in
subsection (b) is slightly different from that previously provided in the case
law interpreting Illinois statutes. Under then existing law a thing was obscene
if "Its calculated purpose or dominant effect is substantially to arouse sexual
desires, and if the probability of this effect is so great as to outweigh . . .
artistic or other merits . . ." (American Civil Liberties Union v. City of
Chicago, 3 I11.2d 334, 121 N.E.2d 585 (1954), appeal dismissed 348 U.S. 979, 75
S.Ct. 572, 99 L.Ed. 839 (1955) ). Under subsection (b) material must appeal to
sexual interest (or interest in nudity or excretion), but it must also go beyond
the customary limits of candor in the description of such things. This is
perhaps a small difference, but the older definition may incorporate certain
164
)E OF 1961
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p. 2456, § 1,
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This is
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SEX OFFENSES 720 ILCS 5/11-20
art or advertising matter which is generally accepted today, yet the dominant
effect of which is to "arouse sexual desires." (id.)
A second significant departure from former law is the inclusion of a list of
different types of evidence which are admissible as bearing on the question of
whether the material is obscene (subsection (c) ). This is unusual in a statute
defining substantive offenses, but was deemed necessary in this area because
of the elusive nature of the standards which determine obscenity. It is not
necessary to conviction, of course, to introduce any or all of the types of
evidence listed in subsection (c); nor does it provide an exclusive list of the
types of evidence which may be admissible as bearing on the question of
obscenity. These provisions are only listed to serve as a guide and to deter a
trial court from holding any one of the types to be inadmissible in a proper
case.
A third important change is provided by subsection (f). The two affirmative
defenses listed there have the effect of reserving criminal punishment for
those situations in which the obscenity is disseminated to strangers for gain.
Thus, private noncommercial dissemination between adults is no longer an
offense. The Committee felt that such activity, although it might indicate
impaired personal morals, or mental health, on the part of the parties
involved, does not call for criminal sanctions by the State. The second
defense is simply a recognition that police, social scientists, educational
institutions, and other authorities may have a legitimate need to possess
obscene material.
The section is probably free from constitutional deficiencies, since a sub-
stantially similar prohibition against obscenity has been upheld by the United
States Supreme Court against the contention that it violated the First and
Fourteenth Amendments which insure freedom of communication. (See Roth
v. United States, 354 U.S. 476, 77 S.Ct. 1304, 1 L.Ed.2d 1498 (1957) ). This in
itself is an improvement over the former legislation. (See Beauharnais v.
Illinois, 343 U.S. 250, 72 S.Ct. 725, 96 L.Ed. 919 (1952) ).
Historical and
The 1961 amendatory act imposed the penal-
ty for a second or subsequent offense.
The 1965 amendment substituted "absence"
for "obscene" in subdivision (c)(5).
The operation of this section was extended to
persons "recklessly failing to exercise reason-
able inspection which would have disclosed the
nature or content thereof" under the first para-
graph of subsection (a); the word "predomi-
nate" was substituted for "predominant" in
subsection (b); and the second paragraph un-
der subsection (c) was also inserted by the
1967 amendment.
P.A. 77 -2638 rewrote subsec. (d), which for-
merly read:
"(d) Penalty.
"A person convicted of obscenity shall for
the first offense be fined not to exceed
$1,000.00 or imprisoned in a penal institution
other than the penitentiary not to exceed one
year, or both, and for a second or subsequent
offense shall be confined in the penitentiary
for not less than one year nor more than 3
years, or be fined not less than $1,000.00 nor
more than $5,000.00, or both."
Statutory Notes
The amendment by P.A. 77 -2638 conformed
penalties under this section to the Unified Code
of Corrections.
P.A. 84-709 rewrote the definition of obscen-
ity which prior thereto read:
"A thing is obscene if considered as a whole,
its predominant appeal is to prurient interest,
that is, a shameful or morbid interest in nudi-
ty, sex or excretion, and if it goes substantially
beyond customary limits of candor in descrip-
tion or representation of such matters. A
thing is obscene even though the obscenity is
latent, as in the case of undeveloped photo-
graphs.";
And in the second paragraph of subd. (c), sub-
stituted "lacking in serious literary, artistic,
political or scientific value" for "utterly with-
out redeeming social importance ".
P.A. 85 -1014 added the subdivision relating
to forfeiture of property.
Prior Laws:
R.L.1827, p. 149, § 122.
R.S.1845, p. 174, § 128.
Laws 1871 -72, p. 577, § 1.
165
38 ii11 -8
Crlm.Code § 11-8
Open and notorious 6
CRIMINAL LAW AND PROCEDURE
Notes of Decisions
friend, in violation of fornication statute was not
contrary to manifest weight of evidence•, tangible
evidence of contemporaneous adverse effect an
minor children was not required. Jarrett v. Jar-
rett, 1979, 36 II1.Dec. I, 78 I11.2d 337, 400 N.E.2d
421, certiorari denied 101 S.Ct. 329, 449 U.S. 927,
66 L.Ed.2d 155, rehearing denied 101 S.Ct. 797,
449 U.S. 1067, 66 L.Ed.2d 612.
6. Open and notorious
1. In general
Hewitt v. Hewitt, 1978, 20 Ill.Dec 476, 62
I11.App.3d 861, 380 N.E.2d 454 (main volume)
reversed 31 II1.Dec. 827, 77 I11.2d 49, 394 N.E.2d
1204.
5. Evidence
To be relevant to possible violation of this
paragraph, evidence of cohabitation or intercourse
must be based upon words or actions of accused;
mere reputation is not admissible unless first of-
fered in defense of the charge. In re Marriage of
Olson, 1981, 53 Il1.Dec. 751, 98 III.App.3d 316,
424 N.E.2d 386.
A change of custody predicated upon open and
continuing cohabitation of mother with her boy -
11 -9. Public indecency
§ 11 -9. Public indecency.
(a) Any person of the age of 17 years and upwards who performs any of the t
following acts in a public place commits a public indecency:
(1) An act of sexual penetration or sexual conduct as defined in Section 12 -12 of p
this Code; or c,
w
(2) A lewd exposure of the body done with intent to arouse or to satisfy the sexual fc
al
desire of the person.
(b) "Public place" for purposes of this Section means any place where the conduct st
may reasonably be expected to be viewed by others.
(c) Sentence. rat
Public indecency is a Class A misdemeanor. w,
ed
Amended by P.A. 83 -1067,
§ 2, eff. July 1, 1984. in
act
Historical and Statutory Notes thr
P.A. 83 -1067 rewrote subpar. (a)(1), 2 , tor
and (4), which read: p () (3), (4) A lewd fondling or caress of the body of u�
"(1) An act read:
sexual intercourse or another person of either sex ".
(2) An act of deviate sexual conduct; or For saving clause, construction and application n °r
(3) A lewd exposure of the body of P.A. 83 -1067, pro
intent to arouse or to satisfy the sexual desire see note following ¶ 12 -12 of disc
this chat
the person; or .
eats,
For purposes of fornication offense in effect
when unmarried couples of opposite sex sought to
rent but were refused apartment, mere fact that
unmarried couples attempted to rent apartment
was sufficient to satisfy open and notorious re-
quirement Mister v. A.R.K. Partnership, App. 2
Dist.1990, 143 III,Dec. 166, 197 Il1.App.3d 105,
553 N.E.2d 1152, appeal denied 149 I11.Dec. 324,
133 I11.2d 559, 561 N.E.2d 694.
Freedom of expression, nude dancing ban, ex-
pressive conduct, see Barnes v. Glen Theatre, Inc.,
Sexual conduct 17
19 I t. 6, 115 L.Ed.2d 504, on remand
941 F.2d 1212.
Notes of Decisions
This paragraph was not unconstitutionally over-
broad for infringing on protected expressive rights
under First Amendment (U.S.C.A.Const. Amend.
1), in that, in view of statutory scheme of which
public indecency statute is a part and. history Of
prosecutions under statute, statute is aimed at
public displays which do not involve First
Amendment rights and does not apply to activities:'
that are primarily expressive in nature and which
may not be prohibited absent a finding that r _het,'
are obscene within the constitutional standard:
People v. Garrison, 1980, 45 Ill.Dec, 132, 82 I11.2i
444, 412 N.E.2d 483, appeal dismissed 101 S.Ct
1475, 450 U.S. 961. 67 L.Ed.2d 610
128
1. In general
Arrests of defendants for public indecency fol-
lowing officer's viewing of live performance at
theater were not invalid on ground that arrests
constituted prior restraint. City of Chicago v.
Hanson, 1981, 61 I11.Dec, 631, 105 II1.App.3d
1017, 435 N.E.2d 120.
Determination of what constitutes obscenity is a
matter within province of court. Id.
at p
of I
198C
N.E.
2.
Su
statue
pubis
when
mB hi
ed "le
n1.De
d+sme
LEd.;
Stat
decent
the se)
mtiotu
that a,
linnet;
38 5111 -9
PROCEDURE
Crim -Code S11-9
ver
LAW D laded prosecution for mere inad
�'y' therefore precluded Id- of body,
URE .. n;Y is under obscenity Lent or decider lf. and not exposure drib
of some defendants while others are tot of fondling lewd thin this paragraph Cabaret, Inc. v. this chanter) ,,1 ;11-20 n eb this fairly burdening those Pros- is considered
fondling public p 11 P .3d 326,
in lAY
,Fled on by unfairly tdince elements °a ingleY, fan in 21 in Dec.
tangible . ; squat under this paragraph narrowly drawn in a 384 N.E•2d 10. nature and elements o[ more
Tect Oe - re • if offense prpVe, in that standards a ration• -_ Me of accused,
v. 4aI, 3 lf 1 1to c aar Lionegitimate sta P Ct. related Amendment (U.S.C•A• wash could be Y that he bests d
io mine s contention f act on the
Ct. 197, in ublic indecency indecency
rid• t for P to pri• duct dap Led for disorderly conduct h of defender invade his right ant with be prow' would constitute roe P T ck 10is
prosecution which rejecting In
not unconstitutionally by charged defendant in of acts over wo 115, 359 N.E.
dtd ere information ding at a storm which were he 728. 4 li; rej. 86 Tu cer, III.Dec. 45
in effect ncy ?'h self by elan action with I11.AYP•3d •S•, App. 4 Dist.19 32_, PPea1
S a
sought to Fonda himself that although within confines t of p 3d TOT, E.2d 505 N.61.
fact that ha residence, charged took Place was that In Interest 53. 1139111.1 582.
apartment defendant was charged
essential t visible to PtO id 143, 141061Iii.De°
home, Stanley denied
:onous re- of his "knowingly" rule in 359• and elements of
kno nature
tip. App. 2 defendant his house, andof d fondant. 1d• public place
PP•3d 105, fait elude prosecution defendant was charged 4. lace;' within ii
324, offense of ••publiwc� charged with
LDec• not t cute under which not unconstitutionally definition
Std "public place"
Statutory which defendant
where the conduct + III
as with Public indecency g c definition of ably statute under
even though conbuctothers," ° t ex public ind n reasonably be expected to vague, viewed by
vague where the in e c
qes' any P viewed Y was unconstitutionally substantiate the
excepted to to
be clearly �niended '� the
thus statute others not at trial were to which defer- ,...
ny of the legislature instead n such gh and
contained did of if facts adduced dtat would be in- o be seen by
d be interpreted such n, since pr of allegations. have clearly expected e o • fell squarely
ha rl
cool defendant's activities "public placd
led;' and since presence dart could
word oe s i prosecution, adequately others, and thin 132, 82 enb.2d
12 of comp Id. statutory definition ti ie rely
n 12- affect validity °f p compilations adeq within statutory of legislature. sta 1980, 45 Iof "
certain people v. Garrison, dismissed 101
footnotes i° L of intention that 483, appeal
warned defendant J • women
the sexual seeking municipal ordinances P<cy 444, 4450. .2 961.67 peal di and two Party city public indecency 1475, his friend there were
no
state statutes and conduct and P his intend- Although officer, area in which open to the
the conduct to disorderly if applied at Clt club club was wo
to
tin city public establishing were seated in where the h expectancy of
would be unconstitutional nude at Y establishing Other persons, could have no women
ate co sunbathing a {acts immediate they act of one of the
ed conduct of failed to allege public and indecent coed this ctancydpf
in city controversy with to declare- privacy,, the indec lace' within 314, 66
actual, concrete to entitle him � in "public place"
23 Ili.Dec.
sufficient in which panty occurred v. Daley,
threat of injury where two instances CUted concerned Cabaret, Inc 384 1 .E.2d 10.
racy judgment y in o Led and home, there no allege• I11.APP•3d 326,
was athat a atyut his ehrea threatened with �mY was not
ten ldfnt indecency case saint
activity infer
had ever et than g, ublic
of tion that party of any statute, °which he t in P that criminal h co
of the body for violation Defendant arguing though conten-
prsorderiononduct one, or ordinances
d there was allegation tending to precluded from offense: even prosecution's
application disorderly no this not failed charge an until close ve i st,1990, 150
and app
challenged, an were to repeat threats App. •E.2d 814.
Hing 9 12 -12 of that if party lion was n le v. Harris 3d 873, end N
establish beach he would necessarily sv 115, 409 case. pop 205 IILAPP
end complaint to
at public bee lion public
of prosecution and arrest. 86 I1l.ApP 3d 175' � I11.D 47, Prosecution was entitled to of lewd
1980, 42 1ll.Dec• a from alleging 38, t 11 -91 eTOhibitofpuSe or
In general chan8 staiute [ °d th intent to
N.Stat 1T' of offense— exposure" within indecency done ai for to dnothb
Nate and elemenfendad was c of body o of perpetrator defined Y
.d 504, on remand 2. cession charged with exposure
sexual of
conduct
[ch• 38. 1112 -tats language App. 3
sex n
u
Statutory expression
which defendant was section prohibiting
statute under not unconstitutionally expos-
Pert le v. Harris, 8 ,
was ed defendant with other eta of altered. condu5 Iis. define
public indecency on charged clearly constant- 80 another
was 150 Ili.De°• T4T,
where wd exposure." Conduct which son, 1980, Dither 0.
Pertutnd history over his sex 2, organ, . people 2 v. G E 483, appeal 2d 874.
and expressive rights !rig ate. N•F
�.A.Const. Amend. � ed "lewd mxPpS I11.2d �• 412 N• U.S. 961, 61 563 and conduct of trisi public indecency
y scheme lv which tl dismissed d 101 S.Ct. 1475. 450 Course u prosecution for p the defendant
part and d w c dismi ud610. ent within public in- T Since jury ino issue as t° which in refusing
tatute is satisfy was instructed Court did not State must
use Of to
L. Statutory scienter requirement
not involve First intents arouse
not unconsti- was tried. td o instruction that' X98 n at of
1 apply to activities deciona rate , ' required trial tendered t di on July 31
which statute °f the tenon provision rwsatisfy defendant's occurred n nature and the sexual in me such p rove ant
a finding that they thimsellY vague exposing to arouse hers d it P
titutional standard. that accused have intended to an 129
1l.Dec. 132, 82 I11.2d self by exp°5
dismissed 101 S.Ct. him
2d 610.
— CENTENNIAL POOL
Opening Day - Sat., June 5th, 1993
POOL PASSES
Pool passes will go on sale May 5 (mail -in resident regis-
trations only), May 10 resident walk -in registration and
May 15 for non - resident registration.(Prices will increase
on June 1st at 9:00 a.m.) All individual passes will be
increased an additional $2.00 and family passes will
increase an additional $5.00. For passes purchased by
mail, please list the names and ages of each person
receiving a pass. Enclose e alo
enve-
lope and the appropriate fee. e Centennial season
for 1993 is June 5 through August 24.
Fees Resident Non - Resident
3- 1200 -01
3- 1300-01
3- 1400-01
3- 1500-01
Family $55.00
Adult (12 S. up) $25.00
Senior Citizen $12.50
Youth (6-11 yrs) $15.00
DAILY WALK -IN FEES
General Admission (12 yrs S. up)
Youth (6 -11 yrs)
5 & under
Senior Citizen
DISCOUNTED WALK -IN FEES
LEMONT RESIDENTS ONLY will be
on the Centennial Pool Daily Walk -In
1.0. Picture 1.D.'s may be in the
license or a photo 1.0. purchased
trict. Reduced fees will be:
$3.00 general admission
$2.00 youth
$1.50 senior citizens
PLAN AHEAD! - processing of I.O.'s can take up to a
week. Youth must be accompanied by an adult resident
when purchasing the I.D. Photo I.D.'s will be offered
during the following day and times:
Sat., May 22
Thurs., May 27
Tues., June 1
Fri., June 4
Sat., June 12
$100.00
$ 45.00
$ 22.50
$ 25.00
$4.00
$3.00
FREE
$2.00
offered a discount
Fees with a picture
form of a driver's
from the park dis-
11:00 am- 1:00 pm
6:30 pm - 8:00 pm
4:30 pm- 6:30 pm
6:00 pm- 9:00 pm
9:00 am -11:00 am
Sound Clear for Less
Professional Repair
and Installation
Car Audio and Alarms
Call Joe at
(708) 257 -9096
GENERAL POOL RULES
1. No cut -offs, NO food on the pool deck or inside
the fenced -in area.
2. Pool will NOT open if temperature is 68 degrees
or below.
3. Concession stand will not open if attendance fails
below 50 swimmers.
4. Pool staff reserves the right to close the pool if
pool attendance falls below 15 swimmers in the
pool area at any time. pool rules
5. Any youth misbehaving or not following p
will be asked to leave Centennial Pool.
6. NO STREET CLOTHING ALLOWED ON POOL DECK.
7. No diving off sides of pool.
8. The Lemont Park' District reserves the right to
close the pool earlier than the August 24 date if
proper guard staff can not be maintained due to
school schedules.
POOL HOURS
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
12:00-7:00 pm
7;00 -8:30 pm
12:30 -7:00 pm
12:30 -7:00 pm
7:00-8:00 pm
12:30 -7:00 pm
7 :0C -8:00 pm
12:30 -7:00 pm
7:00 -8:00 pm
12:30 -7:00 pm
12:00 -7:00 pm
General
Teen Swim
General
General
Adult Swim
General
Family Swim
General
Adult Swim
General
General
Alt
F'lanc Center
(across from The Strand)
106 Stephen St.
2576692
Historic
Alice Chin Downtown Lemont
AUTO • LIFE • HOME • BOAT • RENTERS • BUSINESS
Allstate Insurance Company And Allstate Life insurance Company
5