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HomeMy WebLinkAboutOrdinances - MC-13-1081 - 11/04/2013 - AMEND MC CH14 OFFESES-MISC ART III WEAPONSDepartment of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dTnartin@ci.mchenry.il.us www.ci.mchenry.il.us ORDINANCE NO. MC-13-1081 An Ordinance Amending City of McHenry Municipal Code Chapter 14 Offenses - Miscellaneous Article III Weapons 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, AS FOLLOWS: SECTION 1: That Chapter 14 Offenses -Miscellaneous Article III Weapons of the Municipal Code is hereby amended by deleting the following provision in its entirety: "(A) Weapons. Unless 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, sling shot, knuckles, any bowie or similar knife, or any knife with a switch -blade or device whereby the blade or blades can be opened by a button, pressure on the handle or other mechanical contrivance. And replacing it with the following language: "(A) 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, sling shot, knuckles, any bowie or similar knife, or any knife with a switch -blade or device whereby the blade or blades can be opened by a button, pressure on the handle or other mechanical contrivance. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry.il.us www.ci.mchenry.il.us SECTION 2: That Chapter 14 Offenses -Miscellaneous Article III Weapons of the Municipal Code is hereby amended by deleting the following provision in its entirety: "(B) Discharge of Firearms. No person shall discharge any firearms in the City except sworn police officers acting in the line of duty or during training authorized by the Chief of Police. In addition to those firearms defined by the Illinois Compiled Statutes, for purposes of the section, firearms shall include pump air rifles, potato guns, CO2 pellet guns, paint ball guns, and any other device capable of discharging a projectile if used with intent to inflict harm to person or property or when used in a reckless manner." And replacing it with the following language: "(B) Discharge of Firearm. 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 of McHenry may be exempted from this paragraph under the authorization and approval of the Chief of Police or their designee." SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. Department of Community & Economic Development Doug Martin, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 dmartin@ci.mchenry. il.us www.ci.mchenry.il.us SECTION 6: This Ordinance shall be in full force and effect after its passage and publication in pamphlet form as provided by law. PASSED THIS 4TH DAY OF NOVEMBER, 2013 AYES: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None APPROVED THIS 4TH DAY OF NOVEMBER, 2013. M YOR ATTEST: {l � LL Cl" K