G13-01 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