HomeMy WebLinkAbout3. COW Agend Item V. Ordinance Amending Chapter 23 20 N. Wacker Drive, Ste 1660 15010 S. Ravinia Avenue, Ste 10
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MEMORANDUM
To: Michael Janonis, Village Manager
From: George Wagner, Assistant Village Attorney
Date: December 7, 2010
Re: Ordinance amending Section 23.109, Regarding Firearms And Dangerous
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. The Village Code does
not prohibit the use of a compound bow on private property, unless it propels the arrow
(missile) onto or across public property. (See Section 23.107) In addition, Section
23.109 of the 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. 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.
An ordinance must be "definite enough to serve as a guide to one who has the involved
duty imposed upon him so that he is enabled by reading the enactment to know his
rights and obligations thereunder." City of Decatur v. Kushmer, 43 III.2d 334, 336
(1969). Therefore, a general prohibition against "dangerous activities" has not been
included, because such an offense, without a specific description of those activities, is
likely to be considered too vague.
Let me know if you have any questions or concerns.
cc: Chief John Dahlberg
Deputy Chief Semkiu
Everette M. Hill, Jr., Village Attorney
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Village of Mount Prospect QoLICF
Mount Prospect, Illinois
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INTEROFFICE MEMORANDUM
TO: MR. GEORGE WAGNER, CORPORATE COUNSEL, VILLAGE OF
MOUNT PROSPECT �---
FROM: CHIEF JOHN K. DAHLBERG, #999
DATE: OCTOBER 12, 2010
SUBJECT: VILLAGE CODE CLARIFICATION /INTERPRETATION — CHAPTER 23 —
COMPOUND BOWS
Yet again, the Village Clerk has received an inquiry from a resident seeking to ascertain
if the use of compound "cross" bows are a permitted use in the Village of Mount
Prospect Corporate limits. As we have done in previous years, I informed Lisa Angell,
the Village Clerk that I would strongly recommend against the use of a compound bow
within the corporate limits of the Village; however, the code (specifically Chapter 23)
does not delineate that the use of a compound bow is specifically prohibited.
This is the third or fourth inquiry of a similar nature since I became Chief of Police in
March of 2007. I suggest we review Chapter 23 with an eye towards adding language
that specifically prohibits the use of compound bows.
Please let me know your thoughts and what information you may require from me.
JKD
c: D/C M. Semkiu
M. Janonis, Village Manager
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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 l: 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.
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C. It shall be unlawful to fire or discharge any firearm or dangerous weapon in the village;
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, pistol range or archery range designed for such use and approved by the Village.
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.
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AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of , 2010.
Irvana K. Wilks
Mayor
ATTEST:
M. Lisa Angell
Village Clerk
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