G25-94 (2) Ordinance No. G25-94
AN ORDINANCE
REPEALING CHAPTER 10 . 62 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "HUNTING/TRAPPING"
WHEREAS, Chapter 10 . 62 entitled "Hunting/Trapping" of the
Elgin Municipal Code, 1976, as amended, regulates hunting and
trapping within the city; and
WHEREAS, the Illinois Wildlife Code provides in Section
520 ILCS 5/2 . 1 that the regulation and licensing of the taking
of wildlife in Illinois are exclusive powers and functions of
the state and a home rule unit may not regulate or license the
taking of wildlife; and
WHEREAS, other provisions exist within the Illinois
Wildlife Code which may be enforced by the city within the
corporate city limits which will allow the city to adequately
regulate hunting and trapping within the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
Section 1 . That Chapter 10 . 62 entitled "Hunting/Trapping"
of the Elgin Municipal Code, 1976, as amended, be and is hereby
repealed.
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hereby repealed.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 ten ( 10) days after its passage and publication in the
manner provided by law.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: May 25, 1994
Passed: May 25, 1994
Omnibus Vote: Yeas 7 Nays 0
Recorded: May 26, 1994
Published: May 26 , 1994
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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$ i
rE,1„ .,,,,,n� Agenda Item No.
opiItU /
April 26, 1994
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Repeal of Chapter 10.62 of the Elgin Municipal
Code Entitled "Hunting/Trapping"
PURPOSE
An ordinance to repeal Chapter 10.62 of the Elgin Municipal
Code entitled "Hunting/Trapping" .
BACKGROUND
A letter of April 12, 1994, was received from legal counsel
of the Illinois Department of Conservation. The letter
points out that statutory provisions within the Illinois
Wildlife Code provide that the state has declared the regula-
tion of the taking of wildlife to be the exclusive function
of the state and that a home rule unit may not regulate or
license the taking of wildlife. The letter also points out
that Chapter 10.62 of the Elgin Municipal Code exceeds the
City's authority on this subject matter and should be removed
from the City's ordinances. A copy of the letter from the
Illinois Department of Conservation's legal counsel is at-
tached. •1
Chapter 10.62 of the Elgin Municipal Code regulates hunting
and trapping in the City by making it unlawful for any person
other than the law enforcement officials acting in the line
of dutyto hunt or trap any bird or mammal within the City.
This matter was forwarded to the City's Legal Department for
review. The Legal Department concurs with the position of
the Illinois Department of Conservation that the regulation
and licensing of the taking of wildlife are in fact the exclu-
sive powers and functions of the state which may not be regu-
lated by a home rule unit. As such, the Legal Department has
concurred that Chapter 10.62 should be repealed.
rThe repeal of Chapter 10.62 will not eliminate the City's
ability to limit hunting and trapping within the City lim-
its. Elgin Municipal Code Chapter 10.88 will continue to
prohibit the discharge of firearms within the City. Addition-
ally, other provisions within the State Wildlife Code will
allow the City to control and limit hunting and trapping
within the City limits. The Wildlife Code contains a number .
of regulations limiting the use of traps, hunting from public
rights of way or hunting on the property of any other person
without the express consent of the owner of said property.
Section 5/2.33 of the Wildlife Code, which contains a number
of these types of regulations, is attached for your informa-
tion. City police officers would have the authority to en-
force the Wildlife Code within the City limits.
FINANCIAL IMPACT
None.
LEGAL IMPACT
None.
RECOMMENDATIONS
Adoption of the ordinance repealing Chapter 10.62 of the
Elgin Municipal Code.
Respectfully submitted,
Richard B. Helwig
City Manager
WAC/mg
Attachment
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C .
Illinois Department of Conservation
(7' LNooLWTmERPLAZA•324soun+SECOND STREET•SPRNO IELDS2TOI4TS7 CHICAGOOFACE•ROOM 4400•R==WESTRANDOLPH•cxM 1300060'
Brent Manning. Director John W. Comerlo. Deputy Director Bruce F. Clay, Assistant Director
April 12, 1994
Mayor
City of Elgin
Elgin City Hall
Elgin, IL 601200 •
RE: Ordinance 10.62.020 •
Dear Mayor:
Yesterday I received a copy of the above-referenced ordinance from
a member of one of our constituent groups.
While the City has numerous powers delegated to it by the State,
and while the City, as a landowner, may control or prohibit •
activities (including hunting and trapping) on property the City
owns, this particular ordinance is in violation of 520 ILCS 5/2.1.
The last paragraph of Section 2.1 of the Wildlife Code states:
"The regulation and licensing of the taking of wildlife
in Illinois are exclusive powers and functions of the
(74 State. A home rule unit may not regulate or license the
taking of wildlife. This Section is a denial and
limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the
Illinois Constitution. "
Sections 2.33(t) and 2.33(u) of ` the Wildlife Code (520 ILCS 5)
should adequately cover any hunting and trapping problems and your
officers have the authority to enforce the Wildlife Code within
their jurisdiction. Additionally, Section 2.1 has no effect upon
the City's authority to prohibit the discharge of firearms within
the City limits under the City's duty and authority to protect its
citizens.
Your current hunting ordinance is void because it exceeds the
City's authority and it should be removed from your books.
If I may be of assistance to you in any conservation matter, or if
your city attorney would like to discuss this matter, please
contact me at the Springfield address listed above or by telephone
at 217/782-1809.
Sincerely,
Jack Price
Legal Counsel
JP:bjf
'iNIIzaLtFB CODE
GAME PROTECTIVE REGULATIONS 520 IL CS 5/2.33
i • 8iatori d and Story Notes
sr Pokrat ar Cotten
d .n, Only traps 1941 Code--111.Reatst.1969. di. 61. 117$.
with traps except in
Director between 1d 2:01 Library References
Game e07. .
during the period from CIS. §Topic No.
.
dng methods at any time. .
I only during the period 5/2.32. Molesting or destroying dens
y bunting methods at any g 2.32. It shall be unlawful for any person at any time to molest, destroy
or attempt to destroy any feed bed, nest, den, house or other cavity of any of
the State may be divided • the wild mammals protected by this Act except as provided in Section 2.37.
For the purpose of this Act, a feed bed is defined as a mound, pile or mat of
Elation by administrative branches, cattails or other vegetation gathered and piled by muskrats or
beaver.
eff. Jan. 1,1
L 77-2064, 8 1, P.eff. July 18. T.A.81-382,A.77-1781,§ 2.32,elf.July 1. 1972. Amended P.A.78-826,3 1,eff.Oct. 1. 1973;
§ 1980; P.A. 85-152, § 1,eff: Jan. 1. 1988.
•
§ 1, eff. Oct. 1, 1973; P.A. formerly lil.Rev.Stat.1991,ch.61,§2.32.
6.4,1979; P.A.81-382,§ 1,
81--1509, Art. I. ; 41, eff. Historical and Statutory Notes .
14-150,§ 1,eff.Jan. 1, 1986; 1923 Cale.-111,ge�,,Snt,193S, di. 61, §y 17,
30,, 1 19988; P.A. 8S-1M
o. 88; P.A.85-1181,4 §0,Art, t�94 Code-18LRev.St t.1969, di. 61, 1179. 22.
.
•
i 19, 1990; P.A. 87-294, § 1, 5/2.33. Mechanical devicee--IDegal methods .
§ 2.33. (a) It is unlawful to carry or possess any gun in any State refuge
» unless otherwise permitted by administrative rule.
M.R4 4.1939,ch.61,174. L, (b) It is unlawful to use or possess any mare or snare-like device, deadfall,
IILRev.Stat.1935,ch.61,122. ,t net, or pit trap to take any species, except that snares not powered by springs -
or other mechanical devices may be used to trap fur-bearing mammals, in
se ; water sets only,if at least one-half of the snare noose is located underwater at
eq.,370.10 et seq. 1. all times.
(c) It is unlawful for any person at any time to take a wild mammal
protected by this Act from its den by means of any mechanical device, spade,
or digging device or to use smoke or other gases to dislodge or remove such
• mammal except.as provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small mammal which is used
la the same or similar manner for which ferrets are used for the purpose of
S frightening or driving any mammals from their dens or hiding places.
(e) It is unlawful to use any recording or electronic calling device to attract
or attempt to attract, or to take or attempt to take, any of the wild mammals,
e or attempt to take wild wild birds or fur-bearing mammals protected by this Act between sunset and
3 any public right-of-way sunrise.
(f) It is unlawful to use spears, gigs, hooks or any like device to take any
species protected by this Act.
(g) It is unlawful to use poisons, chemicals or explosives for the purpose of
taking any species protected by this Act.
883
r , • .
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320 ILLS 512.33 'WILDLIFE CODE
is {. (h) It is unlawful to hunt adjacent to or near any peat,grass,brush or other
'= inflammable substance when it is burning.
~ -"4' (i) It is unlawful to take, pursue or intentionally harass or disturb•in any
=
; : manner any wild birds or mammals by use or aid of any vehicle or convey-
' ::1 z.�, t- anoe. It is also unlawful to use the lights of any vehicle or conveyance or arty
ir •." light from or any light connected to such vehicle or conveyance in any area
` , -,r- where wildlife may be found except in accordance with Section 2.37 of th'
1 '= 7 .• Act, however, nothing in this Section shall prohibit the normal use c
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' headlamps for the purpose of driving upon a roadway and except that stripe
r.f.- ' :-:=' skunk, opossum, red fox, gray fox, raccoon and coyote may be taken d:uin
'-, the • • -•' season by use of a small light which is worn on the body or hanr'
k
,,x held . a person on foot and not in any vehicle.
`. . ,'. It is unlawful to use any shotgun than 10 gauge while taking c
1, attempting to take any of the species protected by this Act.
t : y (k) It is unlawful to use or possess any shotgun shell loaded with a shot siz
' rf
: larger than lead BB or steel T (.20 diameter) when taking or attempting tc
take any species of wild game mammals, wild game birds, wild fur-bearing
mammals, migratory waterfowl or migratory game birds protected by this
y j' ..
Act,except white-tailed deer as provided for in Section 2.26 and other species
it t.5 as provided for by administrative rule.
z $j) It is unlawful to take any species of wild game,except white-tailed deer,
' with a shotgun loaded with rifled slugs unless otherwise provided for by
•-: administrative rule.
.' - (m) It Is unlawful to use any shotgun capable of holding more than 3 shells
- y` . in the magazine or chamber combined,except on game breeding and hunting
`w preserve areas licensed under Section 3.27. If the shotgun is capable of
- olding more than 3 shells, it shall,while being used on an area other than a
game breeding and shooting preserve area licensed pursuant to Section 3.27,
t__- be fitted with a one piece plug that is irremovable without dismantling the
1 _= • shotgun or otherwise altered to render it Incapable of holding more than 3
.. shells in the magazine and chamber, combined.
1 %•• " (n) It is unlawful for any person, except persons permitted by law,to have
°' •_ or carry any gun in or on any vehicle,conveyance or aircraft,unless such gun
is unloaded and enclosed in a case, except that at field trials authorized by
• • Section 2.34 of this Act, unloaded guns or guns loaded with blank cartridges
only, may be carried on horseback while not contained in a case, or to have
..` - or carry any bow.or arrow device in or on any vehicle unless such bow or
=- : . arrow device is unstrung or enclosed in a case,or otherwise made inoperable.
: : (o) It is unlawful to use any crossbow for the purpose of taking any wild
birds or mammals, except as provided for in Section 2.33.
(p) It is unlawful to take game birds, migratory game birds or migratory
waterfowl with a rifle, pistol, revolver or airgun.
(q) It is unlawful to fire a rifle, pistol, revolver or airgun on, over or into
{ - any waters of this State, including frozen waters.
' ' (r) It is unlawful to discharge any gun or bow and arrow device along
upon, across, or from any. public right-of-way or highway in this State.
[ •
)
}yr S '
'' '•- 1•
11111SWEIMIIIIRNIONNIIIIMINIMIONOMM/""IRMINIIIMNIMINE11111111*-10-. ..
LIFE CODE ' GAME P'ROT'ECTIVE REGULATIONS 320 ILCS 3/2.33
c •
wan,brush or other i (a) It is unlawful to use a silencer or other device to muffle or mute the
) sound of the explosion or report resulting from the firing of any gun.
Las or disturb in any (t) It is unlawful for any person to trap or hunt, or allow a dog to hunt,
ay vehicle or convey 1 within or upon the land of another,or upon waters flowing over or standing .
or conveyance or on the land of another,without first obtaining permission from the owner or
,ten , tenant. It shall be prima fade evidence that a person does not have perm's-
ivece inarea
1 Section 2.37 of thisdon of the owner or tenant if the person is unable to demonstrate to the law
the normal use of f' enforcement officer in the field that permission had been obtained. This
ad a sept that striped t provision may only be rebutted by testimony of the owner or tenant that
may be taken during permission bad been given. Before enforcing this Section, the law enforce-
r the body or hand E meat officer must have received notice from the owner or tenant of a
t violation of this Section. Statements made to the law enforcement officer
e while i regarding this notice shall not be rendered inadmissible by the hearsay rule
or ictt when offered for the purpose of showing the required notice.
Wed with a shot size ( (u) It is unlawful for any person to discharge any firearm for the purpose
Wg or size
of taking any of the species protected by this Act,or hunt with gun or dog or
ens, wild attemptingrr-boing bow and arrow, or allow a dog to hunt, or trap, within 300 yards of an
led proldcted by this ; inhabited dwelling without first obtaining permission from the owner or
'ds and other species tenant, except that on licensed game breeding and hunting preserve areas, as
126 defined in Section 3.27, on property operated under a Migratory Waterfowl
Hunting Area Permit, on federally owned and managed lands and on Depart-
apt white-tailed deer, rent owned, managed,leased or controlled lands,a 100 yard restriction shall
vise provided for by apply.
(v) It is unlawful for any person to remove fur-bearing mammals from, or
ag re than 3 shell: t to move or disturb in any manner,the traps owned by another person without
Breeding and hunting written authorization of the owner to do so.
t
'otgun is capable of (w) It is unlawful for any owner of a dog to knowingly or wantonly allow
an area other than a 1 his or her dog to pursue, harass or kill deer.
wast to Section 3. 7,
bout he (x) It is unlawful for anyperson to wantonlyor carelesslyinjure or destroy,
holding mmore t6 n 3 I in any manner whatsoever, any real or pesonal property on the land '
another while engaged in hunting or trapping thereon.
deed by to have ! (y) It is unlawful to hunt wild game protected by this Act between sunset
zaft„unless such gun , . and sunrise except that hunting hours between sunset and sunrise may be
trials authorized by established by administrative rule for fur-bearing mammals,deer,wild turkey
Mth blank cartridges and migratory waterfowL
in a nesse, or to have • (z) It is unlawful to take any game bird(excluding wild turkeys),migratory
,unless such bow or game birds or migratory waterfowl protected by this Act when not flying.
Ise made inoperable. i Nothing in this Section shall prohibit a person from carrying an uncased,
e of taking any wild unloaded shotgun in a boat, while in pursuit of a crippled migratory water-
fowl that is incapable of flight, for the purpose of attempting to reduce the
e birds or migi�atoQ'y i migratory waterfowl to possession,provided that the attempt is made immedi-
ately upon downing the migratory waterfowl and is done within 200 yards of
the blind from which the migratory waterfowl was downed. This exception
Sun
on, over or Into shallapply'only to migratory game birds that are not capable of flight.
Migratory waterfowl that are crippled maty be taken only with a shotgun as
arrow device along, regulated by subsection(i)of this Section using shotgun shells as regulated in
hhwa in this State. f subsection (k) of this Section.
' SO
r •z,
riliii."--
520 UCS 5/2.33 • WILDLIFE CODE
(aa) It is unlawful to use or possess any device that may be used for tree
climbing or cutting, while hunting fur.bearing mammals.
(bb) It is unlawful for any person,except licensed game breeders,pursuant
to Section 2.29 to import, carry into or possess alive in this State, any species
of wildlife taken outside of this State without obtaining permission to do so
from the Director.
(cc) It is unlawful for any person to have in their possession any freshly
Wiled epodes protected by this Act during the season dosed for taking. x
(dd) It is unlawful to take any species protected by this Act and retain it ;
alive. II
(ee) It is unlawful to possess any rifle while in the field during gun deer P
season except as provided in Section 2.26 and administrative rules. Fc
. (ff) It is unlawful for any person to take any species protected by this Act, '
except migratory waterfowl, during the gun deer hunting season in those
counties open to gun deer hunting, unless he wears, when in the field, a cap •
and upper outer garment of a solid blaze orange color, with such articles of •
clothing displaying a minimum of 400 square inches of blaze orange material. ;
(gg) It shall be unlawful to kill or cripple any species protected by this Act c'
for which there is a daily bag limit without making a reasonable effort to CC-
retrieve such species and include such in the daily bag limit. bl:
v
This Section shall apply only to those species protected by this Act taken ta`
within the State. Any species or any parts thereof, legally taken in and
f` transported from other states or countries may be possessed within the State, .
except as provided in this Section and Sections 235, 236 and 3.21. `
Nothing contained is this Section shall prohibit the use of bow and arrow, '
or prevent the Director from issuing permits to use a crossbow to take deer to
handicapped persons. As used herein, "handicapped persons" means those
•
persons who,have a permanent physical impairment due to injury or disease, u;:
congenital or acquired, which renders them so severely disabled as to be co:
unable to use a conventional bow and arrow device. Permits will be issued V .
only after the receipt of a physician's statement confirming the applicant is
handicapped as defined above. i.
s
Nothing contained in this Section shall prohibit the Director from issuing tut
permits to paraplegics or persons physically unable to walk, to shoot or hunt '''
from a standing vehicle, provided that such is otherwise in accord with this "
Act.
Nothing contained in this Act shall prohibit the taking of aquatic life s
protected by the Fish Code t or birds and mammals protected by this Act, 915
except deer and fur-bearing mammals, from a boat not camouflaged or
disguised to alter its identity or to further provide a place of concealment and Z
not propelled by sail or mechanical power. However, only shotguns notD
larger than 10 gauge nor smaller than .410 bore loaded with not more than 3 *l c
shells of a shot size no larger than lead BB or steel T(.20 diameter) may be ,
used to take species protected by this Act. -
886
JFE CODE 1 GAME PROTECTIVE REGULATIONS 520 ILCS 5Ii12a=
f be used for tree •I Nothing contained in this Act shall prohibit the use of a shotgun,not larger
than 10 gauge nor smaller than a.20 gauge, with a rifled barrel.
nesters,Pursuant P.A. 77-1781, 8 2.33, eff. July 1, 1972. Amended by P.A. 77-2064, 1, eff. July 18,
1972; P.A. 78-255, § 61, elf. Oct. 1, 1973; P.A. 78426, 1, eff. Oct. 1, 1973; P.A.
State, any species 784297,§ 58,eff.Marsch 4, 1975; P.A.79-469,§ 1,eff.Oct. 1, 1975; P.A.81-365,§ 1,
rmission to do so ' . eff.Jan.1,1980; P.A.81482,8 1,eff.Ian.1, 1980; P.A.81-1509 Art.I.8 41,eff.Sept.
26, 1980; P.A.82-4334411
4, 8 2,elf.Sept.8, 1981; P.A.82-629,8 1,e�f.Sept.24, 1981; P.A.
' 82-783, Art III, 8 30, eff. July 13, 1982; P.A. 83-722, 8 2, eff. Sept. 23, 1983; P.A.
on anyfreshly t = 84-150,§ 1,eff.Jan. 1, 1986; P.A.84-521,§ 1,eff.Sept.17,1985; P.A.84-977,8 1,eff.
dosed
taking. I t Sept.25, 1985; P.A.84-1259,! 1,eff.Aug.8,1986; P.A.84-1308,Art.II,8 77,eff.Aug.
and t 25, 1986; P.A.85-152,§ 1,elf.Jan. 1, 1988; P.A.85-1181,8 1,eff.Aug. 13, 1988; P.A.
Act �, 86-920, § 1,eff.Sept. 11, 1989; P.A.86-1039, 1 3,eff. March 19, 1990; P.A. 86-1354,
II f 1,eff.Jan. 1, 1991; P.A.86-1475,Art.2,§ 2.16,eff.Ian. 10, 1991; P.A.87-114,8 2,
during gun deer ; elf.Aug. 10, 1991; P.A.87-296,8 1,eff.Jan. 1, 1992; P.A.87-297,1 1,eff.Jan. 1. 1992; •
n rules. P.A. 87-895, Art.2, § 2-32, eff.Aug. 14. 1992.
Formerly M.Rev.Stat.1991,ch.61,12.33.
acted by this Act, f ; !Fanner m'�'y'tat'Grapes 6411.1 et set(uprated; see.now.515 11.01 5/1-1 et seq.).
• season in those : Historical and Statutory Notes .
n the field, a caP : • PA.Q7-895,the First 1992 General sow Prior Codes:
h such articles of Act,provides in Article 2 for the revision and 1941 Code--111.Rev.Stat.1969, ch. 61, 1180.
orange material. t . renumbering of certain Sections of Acts which
I • have been added or amended by more than 1937 Code--Ill.RevStat.1439, ch. 61. l8 72.
tested by this Act P one Act of the 87th General Assembly; !hoot- 74,77.
. porates amendments to repealed Acta Into ow- 1923 Coda-1II.RevStat.1935, ch. 61, ty 16,
towable effort to c . cessore laws passed by the same General Assam- 17,23,24.
I. bIy corrects errors. revises cross. eferersces
and deletes obsolete text in such Sections coon-
)7
ao-)7 1r Act taken : • tamed in Public Acts through P.A.87-855.
ly taken in andLibrary References
within the State, Game a7.
td 3.21. WESTLAW Topic No. 187. .
bow and arrow, C.L .4G4M6 110 et ae4
w to take deer to - - Notes of Decisions
os' means those i•
tatty or disease, i IIIHunting without permission 4 which the State relied on in proving the of-
wet
f
egal use of weapons 2 (ease of illegal on of a load-
isabled as to be shidas a ed revolver in an automobile-were also relied
is will be issued Validity 1 • on to prove up the charge of unlawful use of
the applicant is _ People v Kahl,1978,20 M.Dec.509,
63 703.380 N.E2d 487.
1. Vasty Pistol which was kept by defendant in his
Statute, S.H.A. e11. 61, 12.33(1), prohlbitini automobile and which contained a loaded
:or from issuing hunting on land without permissiono
tenant neout there was no diol in
or OWila,�
to shoot or hunt cion of State not
onattt=constitutional
on,S.H.A.Const.Art.4, tel, wed only p�back of slide
scco� with this for
§ 8. prohibiting legislative acts dealing with R ng was 'unloaded* within threceiver to place cartricige into eis psra-
more than one subject statute was not con- ng it unlawful for any person,not
trtriary to Wildlife code's purpose of conserving Lw,to a
of aquatic life wildlife. People v.Fenwick.App.3 Dist.1985, Piecarry pistolhi an auto-
led by this Act, t 92111.Dec. 184, 137 Il1.App.3d 457,484 W.82d Ue unloaded and enclosed in a
915' case. People v. McClure, 1969, 106 Ill.App.2d
uunouflaged Or 283,246 NN.B.2d 476.
oncealrnent and t Illegal use of weapon A pistol or revolver enclosed is a holster
y.shotguns not i Defendant should not have been convicted of with the soap strap or cover from which the
lot more than 3 i the charge of illegal methods ( or revolver protrudes or b
ddace that was a lesser included to visible, k � in a 'case" within the
ureter) may be t charge of unlawful use of weapons upon which meaning of this paragraph. 1974 Op.Atty.Oen.
ri defendant was also convicted; all the elements No.8-716.
48'1i • • .
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