Loading...
HomeMy WebLinkAbout4. Old Business 01/18/201120 N. Wacker Drive, Ste 1660 Chicano, Illinois 60606 -2903 T 312 ;184 6400 F 312 984 6444 KLEIN, THORPE & JENKINS, LTD. Attorneys at Law MEMORANDUM To: From: Date: Re: Michael Janonis, Village Manager George Wagner, Assistant Village Attorney January 12, 2011 15010 S. Ravinia Avenue, Ste 10 Orland Park, Illinois 60462 -5353 T 708 3 49 3888 F 708 3491506 www.ktjlaw.cam Ordinance amending Section 23.109, Regarding Firearm Or Facsimile Weapons. Chief John Dahlberg expressed a concern about recent requests to use compound bows in the Village and the dangers associated with such use. Section 23.109 of the Village Code prohibits the discharge of firearms and air guns in the Village, and restricts the carrying of firearms and facsimile firearms, but does not address compound bows or other dangerous weapons. Section 23.107 of the Code does not restrict the use of a compound bow on private property, unless it propels the arrow (missile) onto or across public property. As a result, I have drafted an ordinance amending Section 23.109 to define "dangerous weapons" to include crossbows and other weapons, and to restrict their possession and discharge in the Village. To address Trustee Matuszak's concerns about the effect of the proposed ordinance on the Park District's archery programs, Subsection G of the amended Section 23.109 has been revised to exempt the discharge of firearms or dangerous weapons on a rifle range or pistol range designed for such use and approved by the Village or another governmental entity, and the use of archery equipment as part of a program presented by any governmental entity Let me know if you have any questions or concerns. cc: Chief John Dahlberg Deputy Chief Semkiu Everette M. Hill, Jr., Village Attorney 262791_1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23, ARTICLE I OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING FIREARMS AND DANGEROUS OR FACSIMILE WEAPONS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION 1: Section 23.109, "Firearms or Facsimile Weapons, of Article I, General Offenses, of Chapter 23, Offenses and Miscellaneous Regulations, of the Mount Prospect Village Code shall be deleted in its entirety and the following inserted in its place: 23.109: FIREARMS AND DANGEROUS OR FACSIMILE WEAPONS: A. Definitions. 1. Firearm. The term "firearm" shall have the meaning ascribed to it in 430 Illinois Compiled Statutes 65/1.1, as now or hereafter amended. 2. Dangerous Weapon. A dangerous weapon shall include a bow and arrow, crossbow, slingshot, wrist rocket, air gun, air pistol, spring gun, spring pistol, B -B gun, paint ball gun, pellet gun, or any device that is not a firearm, but impels a breakable ball containing washable marking colors or a pellet constructed of hard plastic, steel, lead or other hard materials with a force that is reasonably expected to cause bodily harm. 3. Facsimile firearm. Facsimile firearm means a copy or reproduction of a firearm, which would lead a reasonable person to believe that it was a firearm. B. It shall be unlawful for any person under 18 years of age to have in his or her possession: 1. Any dangerous weapon, except in his or her abode or while under the direct supervision of an adult, who is that person's parent, guardian or other individual having charge of that person; or 2. Any firearm, except when such person is: a. The holder of a valid and current firearm owner's identification card issued by the State of Illinois; or b. Under the direct supervision of an adult, who is (i) that person's parent, guardian or other individual having charge of that person and (ii) a holder of a valid and current firearm owner's identification card issued by the State of Illinois. C. It shall be unlawful to fire or discharge any firearm or dangerous weapon in the village; 259794_3 provided that this section shall not be construed to prohibit any law enforcement officer from discharging a firearm in the performance of duty; or any citizen from discharging a firearm or dangerous weapon when lawfully defending his or her person or another. D. It shall be unlawful for any person to carry any firearm in any vehicle, or on or about his/her person, whether concealed or unconcealed, except as follows: 1. If such firearm is transported unloaded and broken down in a non - functioning state, not immediately accessible, or unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid firearm owner's identification card by the State of Illinois; 2. While in the person's own abode or fixed place of business; 3. While on public property, if the person is an invitee on public property for the purpose of display of the firearm or lawful commerce of such firearm; or 4. As otherwise exempt pursuant to 720 Illinois Compiled Statutes 5/24 -2, as amended, in regard to 720 Illinois Compiled Statutes 5/24- 1(a)(4) or 5/24- 1(a)(10). E. It shall be unlawful for any person to carry or display any facsimile firearm with the intent to terrify, alarm, threaten or intimidate any other person. F. It shall be unlawful for the owner of a firearm to allow any person under the age of eighteen (18), who is not the holder of a valid and current firearm owner's identification card issued by the State of Illinois, to gain access to a firearm without the lawful permission and supervision of that person's parent, guardian, or other individual having charge of the person. This violation shall not apply if the person under age eighteen (18) years gains access to the firearm and uses it in a lawful act of self - defense or defense of another, or gains access to the firearm after a person unlawfully enters the premises or vehicle within which the firearm is stored. G. This Section does not apply to the discharge of firearms or dangerous weapons upon a rifle range or pistol range designed for such use and approved by the Village or another governmental entity and does not apply to the use of archery equipment as part of a program presented by any governmental entity SECTION 2: That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION 3 : That the Village Clerk shall submit a copy of this Ordinance to the Illinois Department of State Police within thirty (30) days of its adoption, pursuant to 430 ILCS 65/13.3. SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. 259794_3 AYES: NAYS: ABSENT: PASSED and APPROVED this day of January, 2011. Steven S. Polit Mayor Pro Tem ATTEST: M. Lisa Angell Village Clerk 259794_3