The URL can be used to link to this page

Home My WebLink AboutG13-01 CITY OF ELGIN ORDINANCE NO. G13-01 AN ORDINANCE AMENDING TITLE 16.40 ENTITLED "BURGLARY SECURITY CODE" OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, BY ADDING REQUIREMENTS FOR GUN DEALERS PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 28TH DAY OF FEBRUARY 2001 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 28th day of February 2001. 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 February 28, 2001, the Corporate Authorities of such municipality passed and approved Ordinance No. G13-01, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G13-01, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on March 2, 2001, 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 March 2, 2001. Municipal Clerk (SEAL) I Ordinance No. G13-01 AN ORDINANCE AMENDING TITLE 16 .40 ENTITLED "BURGLARY SECURITY CODE" OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, BY ADDING REQUIREMENTS FOR GUN DEALERS WHEREAS, stolen firearms constitute a significant and deadly threat to the citizens of Elgin; and WHEREAS, the storage and maintenance of firearms by firearms dealers may constitute a great risk of theft of firearms if not performed adequately; and WHEREAS, recent overnight break-ins and theft of guns have occurred at a local gun dealership ' s place of business; and WHEREAS, at least one citizen of Elgin under 21 years of age has been killed with a gun stolen from one of the aforementioned thefts; and WHEREAS, neighboring communities, including but not limited to Rockford, Oakbrook Terrace and West Dundee, have also had thefts of firearms occur at gun dealers " shops . WHEREAS, the City Council of the City of Elgin has determined that in order to protect the public health, safety and welfare that it is necessary and desirable to provide for additional special security measures for gun dealers; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, requiring additional special security measures for gun dealer shops located within the City of Elgin to protect the public health, safety and welfare are matters within 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 Section 16 .40 . 020 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions" be and is hereby further amended by adding the additional defined terms thereto to read as follows : "FIREARMS: Any firearm, or the ammunition therefore, as defined by 430 ILLS 65/1 . 1, as amended; or machine gun, as defined by 720 ILCS 5/24-1, as amended; or stun gun or taser. GUN DEALER: Any merchant which offers firearms for sale . MERCHANT: As defined by 720 ILCS 5/16A-2 .4 , as amended. RETAIL MERCANTILE ESTABLISHMENT: As defined by 720 ILCS 15/16A-2 . 9, as amended. RETAIL THEFT: As defined by 720 ILCS 5/16A-3 . 10, as amended. UL: Underwriter' s Laboratory. " Section 2 . That Chapter 16 .40 of the Elgin Municipal Code, 1976, as amended, entitled "Burglary Security Code" be and is hereby further amended by adding Section 16 .40 .240 thereto to read as follows : 1116 .40 .240 ALARM SERVICES REQUIRED WHEN: Establishments having specific type inventories shall be designated as prime targets and be protected by the following type of alarm services, whether the inventory mentioned is the only inventory carried or part of the overall inventory as a department . Department stores, having named protected inventories, shall fall under the prime target category. A. Silent alarm, central station, supervised service : 1 . Guns and ammunition; 2 . Liquor, wholesale and retail; 3 . Tobacco, wholesale and retail; 4 . Drugs, wholesale and retail; 5 . Furs, sales and storage; 6 . Electronic equipment, wholesale and retail; 7 . Coins and stamps; 8 . Precious metal storage facilities . B. Silent alarm: 1 . Pawnshops; 2 . Clothing (new) ; 3 . Industrial tool supply houses; 4 . Camera stores . C. Local alarm (outside bell on premises) : 1 . Service stations; 2 . Antique dealers; 3 . Art galleries . " Section 3 . That Chapter 16 .40 of the Elgin Municipal Code, 1976, as amended, entitled "Burglary Security Code" be and is hereby amended by adding Section 16 .40 .260 thereto to read as follows : 1116 .40 . 260 ADDITIONAL SPECIAL SECURITY MEASURES FOR GUN DEALERS . In addition to any other requirements of this chapter and notwithstanding any contrary provision of 16 .40 . 010, it is declared unlawful for any gun dealer to keep, store, hold, maintain or display any firearms under conditions which are reasonably designed to invite offers for sale or purchase, at retail mercantile establishments, unless such gun dealer shall, when closed for business, provides at least one of the following additional security measures : A. Install , uses and maintain locking closable metal gates or bars over all exterior doors and windows . Such gates shall conform to the provisions of Section 16 .40 . 200 (H) of this code, and such bars shall conform to the provisions of Section 16 . 40 . 210A1b of this code, which shall be applicable to all exterior doors and windows, including but not limited to skylights. No provisions contained in this Subsection (A) shall supersede any local, state or federal laws, regulations or codes dealing with the life-safety factor. B. Provide an on-site security guard during all times such gun dealer is closed for business . C. Maintain and keep all firearms locked in a safe which is UL rated TL 15 x 6M, so that such locked safe is designed to offer protection for 15 minutes against entry by common mechanical tools; has been tested on all six sides; shall have a reinforced concrete equivalent thickness of nine inches, two rows of #5 rebars and two grids of expanded metal . Such safe shall also have a mechanical relocking device . Such safe shall be equivalent to an ISO (C) burglar- resistive classification, and shall have steel doors not less than one inch thick, and a steel body not less than 1/2 inch thick. Such safe shall weigh not less than 750 pounds . Such safe shall also be equipped with a motion-detecting alarm system connected to a central station system off-site location, which shall be capable of operating for a minimum of 24 hours in the event of a power failure . " Section 4 . That Chapter 16 .40 of the Elgin Municipal Code, 1976, as amended, entitled "Burglary Security Code" be and is hereby further amended by adding Section 16 .40 . 070 thereto to read as follows : 1116 .40 . 070 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 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 5 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 6 . That this ordinance shall be in full force and effect ninety (90) days after its passage and publication in the manner provided by law. Ed Schoc , Mayor Presented: February 28 , 2001 Passed: February 28 , 2001 Vote: Yeas : 7 Nays : 0 Recorded: March 1, 2001 Published: March 2, 2001 Attest : Dolonna Mecum, City Clerk