§ 51.09. Use of camera cell phones and similar devices—Restricted.

(a)

Findings. The City Council finds:

(1)

That there exist in the City various businesses, schools, government buildings and institutions which contain areas in which the guests, patrons, employees, students, and invitees thereof, as well as the general public, have a reasonable expectation of a certain degree of privacy such as locker rooms, dressing rooms, bathrooms, lavatories and shower facilities (hereinafter singularly referred to as a "Protected Area" and collectively referred to as "protected areas");

(2)

That the reasonable expectation of privacy of the aforesaid guests, patrons, invitees, employees, and the general public, while present in any protected area, cannot exist if the use of any device capable of recording, producing, duplicating, reproducing, storing, copying, transmitting or displaying any visual, video, photographic, electronic or digital recorded image, picture or representation is permitted to be used without restriction in any protected area;

(3)

That included among such devices capable of producing visual images is a cellular telephone, and therefore persons may experience a heightened concern about the protection of his or her privacy interests if such cellular phones are permitted to be used in protected areas without restriction;

(4)

That restricting the use of cellular telephones having the capacity to produce, record or transmit visual images, and other devices having the same or a similar capacity, in protected areas by requiring that such devices could not be used without first obtaining the consent of the person whose image is produced, recorded or transmitted, would not prove to be an undue burden on any individual, in light of the privacy interests to be protected by such a restriction; and

(5)

That the City Council finds it to be necessary and desirable to safeguard, protect and preserve the privacy interests of the employees, patrons, guests, invitees aforesaid and the general public while present in any protected area, and that in order to do so the use of certain devices by any person while present in a protected area should be restricted.

(b)

Definitions.

(1)

"Protected area" and "protected areas" means and includes any locker room, dressing room, bathroom/restroom, lavatory, shower or bathing facilities located in any business establishment, school or college (whether public or private), government building and institutional facility and like areas where one has a reasonable expectation of personal privacy. An institutional facility shall include any hospital, clinic, nursing home, respite home or like facility used by or available for use by guests, patrons, employees, students or invitees, as well as the general public, as the case might be. No private residence shall be included within the definition set forth herein, except to the extent and during those times a private residence is utilized for or as part of any home occupation as such term is defined in the Elmhurst zoning ordinance.

(2)

"Visual recording device" means any electronic, mechanical, manual, electric, digital, voltaic or other device, instrument or means capable of recording, producing, duplicating, reproducing, storing, copying, transmitting or displaying any visual, video, photographic, electronic, digital, recorded or other visual image, picture or representation, including, but not limited to, any camera, camcorder or videotaping device; and that capability or feature of any cellular telephone that enables such cellular telephone to record, produce, duplicate, reproduce, store, copy, transmit or display any video, photographic, electronic, digital or other visual image, picture or representation.

(c)

Use of Visual Recording Devices Restricted in Protected Areas. No person shall use any visual recording device to produce, reproduce, record, duplicate, store, display or transmit the visual image of another person without that person's consent if such use of the visual recording device takes place in any protected area.

(d)

Penalty. Any person who violates this Section shall be subject to a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00) and the costs of prosecution.

(Ord. 05-2004 § 1)