HomeMy WebLinkAbout118-O-22 Amending Portions of Title 9, Chapter 5, Section 11 “Public Nudity; Urinating or Defecating in Public” of the City Code11/07/2022
118-O-22
AN ORDINANCE
Amending Portions of Title 9, Chapter 5, Section 11 “Public Nudity;
Urinating or Defecating in Public” of the City Code
WHEREAS, the City of Evanston City Council prioritizes gender equality;
and
WHEREAS, as currently adopted, City Code 9-5-11 creates an unequal
standard between two genders and creates ambiguity for transgender and non-gender
conforming residents; and
WHEREAS, the proposed changes promote gender equality within the
City of Evanston.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: City Code 9-5-11, “Public Nudity; Urinating or Defecating in
Public” of the Evanston City Code of 2012, as amended, is hereby amended to read as
follows:
9-5-11. PUBLIC NUDITY; URINATING OR DEFECATING IN PUBLIC.
(A) It shall be unlawful for any person to appear in a public place in a state of nudity or
to make any indecent exposure of his/her their person. For purposes of this
Section, nudity shall be defined as: The showing of the human male or female
genitals, pubic areas or buttocks. or female breast with less than a fully opaque
covering of any portion thereof below the top of the nipple. Women breastfeeding
in public are exempt from this definition. Indecent exposure shall be defined as: a)
An act of sexual penetration or other sexual conduct; or b) Appearing in any public
place not properly and decently clothed.
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(B) It shall be unlawful for any person to urinate or defecate:
1. In or on a public street, alley, sidewalk, yard, park, building, structure, plaza,
public or utility right-of-way, or other public place; or
2. In public view.
(a) It shall be a defense to prosecution for urinating or defecating that the
person was in a restroom.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
SECTION 4: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
SECTION 5: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced:_________________, 2022
Adopted:___________________, 2022
Approved:
__________________________, 2022
_______________________________
Daniel Biss, Mayor
Attest:
_____________________________
Stephanie Mendoza, City Clerk
Approved as to form:
_______________________________
Nicholas E. Cummings, Corporation Counsel
November 7
November 28
Doc ID: 68613e79ff59e117ec86e05b59972f2ddff764ab