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HomeMy WebLinkAboutG35-95 .4 CITY OF ELGIN ORDINANCE NO. G35-95 AN ORDINANCE AMENDING CHAPTER 10 . 66 ENTITLED "ADULT RESPONSIBILITY" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED ADOPTED BY THE r CITY COUNCIL OF THE CITY OF ELGIN ON THIS 14TH DAY OF JUNE, 1995 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 15th day of June, 1995 . STATE OF ILLINOIS ) ss . COUNTY OF KANE ) CERTIFICATE I , Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on June 14, 1995, the Corporate Authorities of such municipality passed and approved Ordinance No. G35-95, entitled An Ordinance Amending Chapter 10 . 66 Entitled "Adult Responsibility" of the Elgin Municipal Code, 1976 , as Amended which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G35-95, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on June 15, 1995, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on June 15, 1995 . Municipal Clerk (SEAL) r- 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 550/1 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 the 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 e' 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 . 010B 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. e. 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 720 ILCS 5/24-1, as amended; 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 720 ILCS 5/24-1, as amended; H. Any bomb, bomb-shell, grenade, bottle or tow 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 430 ILCS 65/1 . 1, as amended; J. Fireworks, as defined by 425 ILCS 30/2, as amended; or 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 r violation of the preceding Section 10 . 66 . 020 if a minor in possession of a firearm holds a valid hunting license or FOID card pursuant to 520 ILCS 5/3 . 1 et seq. , as amended, and 430 ILCS 65/0 . 01 et seq. , as amended, 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: 720 ILCS 5/24-3 . 1( 1) , 5/24-3(a) or 5/24-3 . 3, as amended, 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 adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not effect, 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 rcircumstances, 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. i 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: c44-144"42:___ Dolonna Mecum, City Clerk CITY OF ELGIN ORDINANCE NO. G36-95 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, BY ADDING CHAPTER 10 . 41 ENTITLED "CURFEW" ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 14TH DAY OF JUNE, 1995 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 15th day of June, 1995 . tek STATE OF ILLINOIS ss . COUNTY OF KANE CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois . I further certify that on June 14, 1995, the Corporate Authorities of such municipality passed and approved Ordinance No. G36-95, entitled An Ordinance Amending the Elgin Municipal Code, 1976 , as Amended, by Adding Chapter 10 .41 Entitled "Curfew" which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G36-95, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on June 15, 1995, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on June 15, 1995. Municipal Clerk (SEAL)