HomeMy WebLinkAboutG35-95 (2) Ordinance No . G35-95
• AN ORDINANCE
AMENDING CHAPTER 10 . 66 ENTITLED "ADULT RESPONSIBILITY" OF THE
ELGIN MUNICIPAL CODE, 1976 , AS AMENDED
WHEREAS, a decline in parental responsibility and
supervision has contributed to increases in delinquent
conduct; and
WHEREAS, it is the intention of the City of Elgin to
emphasize strongly to parents their duty to supervise and
guide their children, to encourage them in their
responsibilities , and to provide a means by which parental
duties may be enforced; and
WHEREAS, the City of Elgin is a home rule municipality as
defined in Article 7 , Section 6a of the 1970 Constitution of
Illinois; and
WHEREAS , a home rule unit may exercise any power and
perform any function pertaining to its government and affairs;
and
WHEREAS, the adoption of an ordinance providing for a
means to encourage and require parents to perform their duties
to supervise and guide children within the city pertains to
the government and affairs of the City of Elgin .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That Chapter 10 . 66 entitled "Adult
Responsibility" of the Elgin Municipal Code, 1976, as amended,
be and is hereby further amended in its entirety to read as
follows :
" 10 . 66 . 010 DEFINITIONS .
As used in this chapter, the following terms
shall have the meanings recited in this section:
A. " Illegal drugs" means any of the drugs or
substances referred to ' and identified in the
provisions of the Illinois Controlled Substances
Act, 720 ILCS 570/100 et seq. , as amended, and the
Illinois Cannabis Control Act, 720 ILCS 55Q/1 et .
seq. , as amended, or any other local ,. state or
federal _ law Prohibiting the manufacture, •
distribution, delivery, use, or possession of a
controlled substance .
B . "Illegal drug paraphernalia" means any of
she equipment, products or materials referred to and
identified in the provisions of the Illinois Drug .
Paraphernalia Control Act, 720 ILCS 600/1 et seq. ,
as amended.
C. "Knowingly" is defined as having general
knowledge of, or reason to know, or a belief or
ground for belief which warrants further inquiry or
inspection .
D. "Legal guardian" includes a person
appointed as guardian or given custody of a minor by
a circuit court of this state or similar county in
any other state; but does not include a person
appointed as guardian or given custody of a minor •
under the Illinois Juvenile Court Act .
E . "Minor" means a natural person who has not
yet reached eighteen years of age .
. F. "Parents" includes the lawful father or
mother of an unemancipated minor, whether by birth
or adoption.
G. "Person" means any individual, firm,
partnership, association, corporation, company, or
organization of any kind, the state of •Illinois , or
any governmental unit .
H. "Recklessly" is defined as acting in a
manner or under circumstances such as evince
disregard of, or indifference to, consequences
involving danger to the property, life, or safety of
others .
I . " Street gang related criminal activity" is
defined as provided by section 10 . 42 . O10B of this
.code .
J. "Unsupervised" is defined as a lack of
visual or oral oversight coupled with lack of
sufficient proximity to obtain immediate control
over the item or minor .
K. "Willful" is defined as proceeding from a
conscious and voluntary intentional motion of the
will .
10 . 66 . 020 PROHIBITIONS AS TO WEAPONS AND DANGEROUS - -
INSTRUMENTS .
It is declared unlawful for any Parent , legal
guardian or other person eighteen years of age_ or
older to willfully, knowingly or recklessly permit
any minor to come into unsupervised possession of
any of the following items :
A. Bowie, switchblade, ballistic knives , or
other edged weapons as defined by Illinois Revised
Statutes, Chapter 38 , Paragraph 24-1 ( 1 ) ;
B . Metallic knuckles;
C. Martial arts weaponry, including, but not
limited to, num chucks and throwing stars; .
D. Arrows designed for firing from a bow or
crossbow device;
E . Stun gun or taser;
F. Any device or attachment of any kind
designed, used or intended for use in silencing the
report of a "firearm;
G. Machine gun as defined by Illinois Revised
Statutes , Chapter 38 , Paragraph 24-1; or
H. Any bomb, bomb-shell , grenade, bottle or
other container containing -an explosive substance of
over one-quarter ounce for like purposes, such as,
but not limited to, black powder bombs, molotov
cocktails, pipe-bombs or artillery projectiles .
I . Firearms , or the ammunition therefore, as
defined by Illinois Revised Statutes , Chapter 38,
Paragraph 83-1 . 1 ;
J. Fireworks , as defined by Illinois Revised
Statutes , Chapter 1271, Paragraph 102 .
K. Any pneumatic gun, pneumatic pistol,
spring gun, spring pistol, pellet gun, pellet
pistol , B-B gun, or B-B pistol which either expels
a single globular or other geometric shaped
projectile, not exceeding . 18 inch in diameter,
constructed of plastic, steel , lead or other hard
materials; any paint ball gun or paint ball pistol
which expels a breakable paint ball containing
marking colors; with a force that may be reasonably
expected to cause bodily harm.
•
10 . 66 . 030 EXCEPTIONS .
It shall be an affirmative defense to a
violation of the preceding Section 10 . 66 . 020 if a
minor in possession of a firearm holds a valid
hunting license or FOLD card pursuant to Illinois
•
•
Revised Statutes , 31 , Paragraphs Chapter Para ra hs 3 . 1 and
P
83-2 , et seq. , neither the minor, nor the person to
be charged is otherwise in violation of any law
related to the sale or. possession of weapons, •
including, but not limited to : Illinois Revised
Statutes, Chapter 38, Paragraphs 24-3 . 1 ( 1 ) , 24-3 (a)
or 24-3 . 3, and the minor is engaged in hunting,
supervised target shooting, or the otherwise legal
. transportation of a firearm for such purposes .
10 . 66 . 040 PROHIBITIONS AS TO ILLEGAL DRUGS AND
ILLEGAL DRUG PARAPHERNALIA.
It is declared unlawful for any parent, legal
guardian or other person eighteen years of age or
order to willfully, knowingly or recklessly permit
any minor to come into possession or to retain
possession of illegal drugs or illegal drug
paraphernalia.
10 . 66 . 050 PROHIBITIONS AS TO 'STOLEN PROPERTY.
' It is declared unlawful for any parent, legal
guardian or other person eighteen years of age or
older to willfully, knowingly .or recklessly permit
any minor to come into possession or retain
possession of stolen property.
10 . 66 . 060 IMPROPER SUPERVISION OF CHILDREN.
It is declared unlawful for any parent, legal •
guardian or other person eighteen years of age or
older to willfully, knowingly or recklessly permit a
minor in his custody or control to commit an act
tending to break the peace, violate a municipal
curfew ordinance or engage in street gang related
.criminal activity.
10 . 66 . 070 PENALTY.
Any person violating the provisions of this
chapter shall be punished by a fine of not less than
- $100 . 00 nor more than $1 , 000 . 00 .
10 . 66 . 080 SEVERABILITY.
if any provision, clause, sentence, paragraph,
section or . part of this chapter or application
thereof to any person or circumstance, shall for any
reason be ad judeed bv a court of competent
jurisdiction to be unconstitutional or invalid, said
judgment shall not impair or otherwise
invalidate the remainder of this section and the
application of such provision to other persons or
circumstances , but shall be confined in its
operation to the provision, clause, sentence,
paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have
been rendered and to the person or circumstances
involved. It is hereby declared to be the
legislative intent of the city council that this
chapter would have been adopted had such
unconstitutional or invalid provisions , clause,
sentence, paragraph, section or part thereof not
been included. "
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 3 . That this ordinance shall be in full force
and effect 10 days after its passage and publication in
pamphlet form or by newspaper in the manner provided by law.
s/ Kevin Kelly •
Kevin Kelly, Mayor
Presented: June 14 , 1995
Passed: June 14, 1995
Omnibus Vote : Yeas 7 Nays 0
Recorded: June 15 , 1995
Published: June 15 , 1995
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
1 JUN.29.1998 9:45AM NO.447 P.2/5
S. 1917 .
"Child Firearm Access Prevention Act"
IN THE UNITED STATES SENATE
. JUN.29.1998 9:46AM NO.447 P.3/5
Child Firearm Access Prevention Act (introduced in the Senate)
105th CONGRESS
2d Session
S. 1917
To prevent children from injuring themselves and others with firearms.
IN THE SENATE OF THE UNITED STATES
April 2, 1998
Mr, DLJRBIN(for himself, Mr. CHAFES, Mr. REED, and Mrs, BOXER) introduced the
following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To prevent children from injuring themselves and others with firearms.
Be it enacted by the Senate and House of Representatives of the United States of America.in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the"Child Firearm Access Prevention Act",
SEC. 2. CHILDREN AND FIREARMS SAFETY.
(a) SECURE GUN STORAGE OR SAFETY DEVICE- Section 921(a) of title 18, United •
States Code, is amended by adding at the end the following:
"(34) The term 'secure Sun storage or safety device' means--
"(A) a device that, when installed on.a firearm, prevents the firearm from being operated
without first deactivating or removing the device;
"(B) a device incorporated into the design of the firearm that prevents the operation of
the firearm by anyone not having access to the device; or
"(C) a safe, gun safe, gun case, lock box, or other device that is designed to be or can be
used to store a firearm and that can be unlocked only by means of a key, a combination,
or other similar means.",
JUN.29.1998 9:46AM NO.447 P.4/5
(b) PROHIBITION AND PENALTIES- Section 922 of title 18, United States Code, is
amended by adding at the end the following:
"(y) PROHIBITION AGAINST GIVING JUVENILES ACCESS TO CERTAIN
FIREARMS-
"(1) DEFINITION OF JUVENILE- In this subsection, the term"juvenile" means an
individual who has not attained the age of 18 years.
"(2) PROHIBITION-Except as provided in paragraph (3), any person that--
"(A) keeps a loaded firearm, or an unloaded firearm and ammunition for the
firearm, any of which has been shipped or transported in interstate or foreign
commerce or otherwise substantially affects interstate or foreign commerce,
within any premise that is under the custody or control of that person; and
"(B) knows, or reasonably should know, that a juvenile is capable of gaining access
to the firearm without the permission of the parent or legal guardian of the
juvenile;
shall, if a juvenile obtains access to the firearm and thereby causes death or bodily injury
to the juvenile or to any other person, or exhibits the firearm either in a public place, or in
violation of subsection (q), be imprisoned not more than 1 year, fined not more than
S10,000, or both. .
"(3) EXCEPTIONS-Paragraph (2) does not apply if--
"(A) the person uses a secure gun storage or safety device for the firearm;
"(B) the person is a peace officer, a member of the Armed Forces, or a member
of the National Guard, and the juvenile obtains the firearm during, or incidental to,
the performance of the official duties of the person in that capacity;
"(C) the juvenile obtains, or obtains and discharges, the firearm in a lawful act of
self-defense or defense of 1 or more other persons; or
"(D) the person has no reasonable expectation, based on objective facts and
circumstances, that a juvenile is likely to be present on the premises on which the
firearm is kept.".
(c) ROLE OF LICENSED FIREARMS DEALERS- Section 926 of title 18, United States
Code, is amended by adding at the end the following:
"(d) The Secretary shall ensure that a copy of section 922(y) appears on the form required to be
obtained by a licensed dealer from a prospective transferee of a firearm.",
JUN.29.1998 9:47AM NO.447 t'.5i5
(d)NO EFFECT ON STATE LAW-Nothing in this section or the amendments made by this
section shall be construed to preempt any provision of the law of any State, the purpose of
which is to prevent children from injuring themselves or others with firearms,
Aft1L/
Extra Items Sent to City Council
JUNE 29 Memo from Chief Gruber re meeting with Senator Durbin
June 29, 1998
To: Mrs. Parker
From: Chief Gruber
Subject: Meeting with Senator Durbin
Over the weekend, I received a call from Senator Durbin's aide, Chris Widmayer, requesting an
opportunity to meet with City officials who helped pass the "Parental Responsibility Ordinance".
Apparently our ordinance is a sufficiently close enough comparison to the Senator's proposed
Federal legislation that he seeks advice and input from residents and City officials who passed our
ordinance. He is interested in learning how our ordinance works. The Senator is enroute to
Rockford on Wednesday, July 1 and would like to meet at 9:45 a.m. with those who were
originally involved and may have knowledge of the success of our ordinance.
I have contacted Mr. Ray Merrill, a citizen who participated in this ordinance, and he will be
coordinating some citizens. The meeting is tentatively scheduled at the Police Department, and
depending of the number of people who will be in attendance, we will select an appropriate room.
I am currently gathering data regarding the ordinance. Enclosed is a copy of the ordinance along
with a copy of the Senator's proposed legislation.
Any help that you can provide in contacting Council members will be appreciated.
mf