G88-85 r
Ordinance No. G88-85
AN ORDINANCE
AMENDING CHAPTER 9.55 OF THE ELGIN MUNICIPAL CODE TO PROVIDE FOR
THE DISPOSAL OF WEAPONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section I. That Section 9.55.040 entitled "Disposal of Weapons" of the Elgin
Municipal Code, 1976, as amended, be and is hereby amended to read as follows:
"9.55.040 Disposal of Weapons
A. The foregoing shall not apply to the disposition of any weapon
which shall include, but is not limited to, the following: Any firearm, gun,
revolver, pistol, rifle, bowie or switchblade knife, sling shot, metallic
knuckles, martial arts weaponry such as throwing stars or nun chucks, bow
and arrow or other items or devices of a like character determined by the
Chief of Police to be a weapon.
B. Any weapon acquired, received or held by Elgin pursuant to a
court order shall be held by the Police Department for the period specified
in the court order or for forty-five days, whichever is longer, before dis-
position as provided in this section.
C. Except as provided in subsection (B) above, any weapon acquired
received or held by Elgin shall be held by the Police Department for six
months. In the event the owner or other person who is legally entitled to
possession of such weapon fails to make a bona fide claim, such weapon
shall be disposed of as provided in this section.
D. Any weapon or part thereof which is required to be disposed of in
a certain manner pursuant to a court order, state statute or federal law
shall be disposed of in the manner so provided.
E. Any weapon unclaimed by their owner or other person lawfully
entitled to possession after being held for the required period, shall be
disposed of as follows:
I) Any weapon or part thereof which, as determined by the
Chief of Police, may be used in training or as an additional weapon for the
Police Department or for repair of Police Department armory weapons or
which may be necessary or beneficial to the Police Department for any
other reason or purpose may be assigned a City inventory number and
placed in the Police Department armory.
2) Any weapon which is determined by the Chief of Police to
be a collector's item or antique may be loaned to an appropriate museum as
determined by the Chief of Police for display.
3) Any weapon or parts thereof may be exchanged or traded for
other weapons, parts, ammunition or maintenance supplies of equal or
greater value with persons or businesses lawfully authorized to sell, trade
and possess such weapons, parts, ammunition or maintenance supplies. The
Chief of Police shall determine which weapons and/or parts are to be so
exchanged or traded.
4) Any weapon or part thereof not otherwise disposed of as
provided herein shall be totally destroyed. Such destruction shall be
witnessed by the Chief of Police or his designee.
E. The Chief of Police shall establish such regulations, rules and
procedures as may be necessary to dispose of weapons as provided for in
this ection and shall cause a complete accounting to be maintained of all
weapons received, held or disposed of, including the name and address of
any transferee."
Section 2. That all ordinances or parts thereof in conflict with this ordinance are
repealed.
Section 3. That this ordinance shall be in full force and effect from and after its
passage and publication in the manner provided by law.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
P resented: October 28, 1 985
Passed: October 28, 1 985
Vote: Yeas 7 Nays 0
Recorded:
Published:
Attest:
s/ Nancy Roll
Nancy Roll, Deputy Clerk