HomeMy WebLinkAboutOrdinances - MC-18-1161 - 02/05/2018 - MC AMEND CHPT 14 ARTICLE III SEC 14-64 WEAPONSORDINANCE NO. MC-18-1161
AN ORDINANCE AMENDING CERTAIN SECTIONS OF THE CITY OF MCHENRY
MUNICIPAL CODE CHAPTER 14 OFFENSES —MISCELLANEOUS
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality
as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as
granted in the Constitution of the State of Illinois.
WHEREAS, the City of McHenry finds it necessary to amend the Weapons Ordinance,
specific to after-hours storage of weapons to allow for clarity of said expectations.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
MCHENRY, McHenry County, Illinois, as follows:
SECTION 1: Municipal Code Chapter 14, Article III, Sec. 14-64 Weapons is amended in
its entirety to read as follows with formatting to be coordinated by the City Administrator:
ARTICLE III. WEAPONS
See. 14-64. Weapons
(A) DEFINITIONS.
1. Ammunitions: Any self-contained cartridge or shotgun shell, by whatever name
known, which is designed to be used or adaptable to use in a firearm except as
provided in the definition firearm ammunition contained in 430 ILCS 65/1.1.
2. Firearm: For purposes of this section of the McHenry City Code, firearm means any
device, by whatever name know, which is designed to expel a projectile or projectiles
by the action of an explosion, expansion of gas or escape of gas (as defined in 430
ILCS 65/1/1) and any bow and arrow including, but not limited to a longbow, recurve
bow, compound bow, cross bow or other similar device.
3. Firearm Dealer: Any person or business engaged in the business of selling or renting
firearms and/or ammunition who possesses a valid federal and/or state license.
4. Security Cabling: A metal cabling system designed to be securely anchored to a wall
or floor and strung through the triggering guards or firing chambers of a firearm so
that they cannot be removed from the display table.
(B) WEAPONS: Unless expressly authorized by law, no person shall wear under his clothing,
or conceal about his person, or display in a threatening like manner, any dangerous or
deadly weapon including, but not limited to any pistol, revolver, long gun, sling shot,
knuckles, any bowie or similar knife, or any knife with a switch -blade device whereby
the blade or blades can be opened by a button, pressure on the handle or other mechanical
contrivance. (MC-13-1081)
(C) DISCHARGE OF FIREARMS: No person shall discharge any firearm in the City except
sworn police officers acting in the line of duty or during training authorized by the Chief
of Police or their designee. For purposes of this section of the McHenry City Code,
firearm means any device by whatever name known, which is designed to expel a
projectile or projectiles by the action of an explosion, expansion of gas or escape of gas
and any bow and arrow including, but not limited to a longbow, recurve, bow, compound
bow, cross bow, or other similar device. Events or programs sponsored or approved by
the City may be exempted from this paragraph under the authorization and approval of
the Chief of Police or their designee.
(D) DISPLAY AND SALE OF SPECIFIED WEAPONS: No pawnbroker, second-hand
dealer or other person engaged in business in the City shall display or place on exhibition
in any show window or other window facing upon any street, any pistol, revolver or other
firearm, with a barrel less than 12 inches in length, or any brass or metal knuckles, or any
club loaded with lead or other weight, or any blackjack or billy club. Firearm dealers in
the City may sell firearms and ammunition so long as the following conditions are met:
1. All required permit and licensing by City, State and Federal Government is met.
2. Only customers who have a valid state -issued firearm owner's identification card or
permitted by law to possess firearms shall be permitted to physically examine
firearms and/or ammunition.
3. An employee shall be present at all times when a customer is physically examining
firearms and/or ammunition.
4. Weapons displayed for sale or rent shall be incapable of firing.
5. During non -business hours weapons shall be stored in a secured manner in one of the
following ways:
a. Use of a Safe.
b. Use of a Vault.
c. Use of a Security Box or Cabinet (security boxes/cabinets must be capable of
locking and if they are constructed partially of glass, the glass must be shatter
resistant and/or the box/cabinet should have its own alarm feature.
d. Use of Security Cabling.
e. Through the implementation of building improvements that would enhance
the overall building security to meet or exceed the level of a stand -along safe
or vault.
6. Inspection: All businesses authorized in the sale of firearms shall allow the City
access to inspect both display and storage procedures to ensure compliance.
Inspections shall occur at least one per calendar year by City staff.
(E) PENALTY: Any person violating this section shall be fined not less than $400 for each
offense and be responsible for the City's cost of prosecution including attorney fees
incurred by the City. Each day that a violation continues shall be considered a separate
offense. Restitution by the violator shall also be made for any property damaged or
destroyed or to any person injured.
SECTION 2: All ordinances or parts of ordinances in conflict with the terms and
provisions herewith are hereby repealed to the extent of such conflict.
SECTION 3: This ordinance shall be published in pamphlet form by and under the
authority of the City of McHenry, McHenry County, Illinois.
SECTION 4: This ordinance shall be in full force and effect after its passage, approval,
and publication, as provided by law.
PASSED AND ADOPTED THIS 5th DAY OF FEBRUARY 2018.
Voting Aye: Condon, Devine, Mihevc, Curry, Schaefer, Glab, Santi
Voting Nay: None
Absent: None
May W e Jett Jr.
AWtA "
Deputy City Cler