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HomeMy WebLinkAbout#4114 Amending Provision 6-12-1 and 6-12-5 Ordinance No. 4114 An Ordinance Amending Provision 6-12-1 and 6-12-5 Pertaining to weapons and firearm restrictions of the City of Canton,Illinois WHEREAS, pursuant to the Illinois Municipal Code the City of Canton has the ability to enact ordinances to protect the safety and welfare of its citizens; WHEREAS, the Firearm Concealed Carry Act (430 ILCS 66/1, et. seq.) has been passed allowing licensed individual pursuant to the Act to legally carry firearms; WHEREAS, Section 6-12-1 and 6-12-5 require updating due to the passage of the Firearm Concealed Carry Act. THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, THE FOLLOWING CITY OF CANTON CODE PROVISIONS SHALL NOW PROVIDE AS FOLLOWS: Section 1: "6-12-1: DEFINITIONS: Whenever in this chapter the following terms or words are used they shall have the meanings respectively ascribed to them in this section: FIREARMS: Shotgun, rifle, BB gun, pellet gun, pistol, revolver, machine gun, or any device capable of ejecting or firing a projectile by any means. PEACE OFFICERS: Officers duly appointed by the fire and police commission of the city of Canton, Illinois, or officers elected by the people or appointed by an official or board of the United States government or of the state of Illinois or of some subdivision thereof and having a right to carry weapons and firearms in their official capacity. WEAPONS: Blackjack, slingshot, sand club, sandbag, switchblade knife, dagger, dirk, sword, saber, stiletto, broken bottle, cross bow, bow and/or arrows, piece of glass or other dangerous or deadly weapon of like character, tear gas projector or bomb or any object containing a noxious gas or substance, or any bomb, bombshell, grenade, bottle or other container containing an explosive substance, such as, but not limited to, black powder bombs and Molotov cocktails. 6-12-5: EXCEPTIONS: Sections 6-12-3 and 6-12-4 of this chapter shall not apply to any of the following: 1 (A) Peace officers or any person summoned by such officers in making arrests or preserving the peace while he is actually assisting such officer. (B) The mayor and aldermen of the city when acting as conservators of the peace as set forth in section 3-9-4 of this code. (C) Members of the armed forces or reserve forces of the United States or the Illinois national guard or reserve officers training corps in the performance of their official duties. (D) Special agents employed by a railroad to perform police functions while actually engaged in the performance of their employment or commuting between their place of employment and watchmen or guards while actually engaged in the performance of their employment. (E) Duly authorized military or civic organizations while parading or conducting funeral or other military or civic observances. (F) Licensed hunters or fishermen while commuting between their homes and their places of hunting or fishing, provided they comply with the laws of the state in such cases made and provided. (G) Transportation of weapons or firearms when broken down, or in a nonfunctioning state, or when stored in or locked in an inaccessible place in a vehicle so that the weapon or firearm is not capable of ready use. (H) Members of any club or organization organized for the shooting of targets upon established target ranges, whether public or private, when commuting from their home to said range. (I) Members of an organized fraternal or religious organization in which a sword or saber is a part of the regalia while commuting to/from his home to/from the meeting place of such organization or during public observances of such organization. (J) Mailmen, meter readers, delivery men, and other persons of the minimal age of twenty-one (21) years carrying or using chemical weapons formulated or designed for defensive use against animals while in the actual performance of their duties. (K) Individuals with a valid license pursuant to the Firearm Concealed Carry Act (430 ILCS 66/1, et. seq.) carrying a concealed firearm according to the Firearm Concealed Carry Act. (L) Individuals practicing their archery skills at a residence or shooting range established for that purpose." Section 2: This Ordinance shall be in full force and effect upon the retirement of the upcoming retiring sergeant and shall be in full force and effect from and after its passage and adoption. Further, the City Clerk shall be instructed to provide to the codifiers of our municipal ordinance 2 this ordinance amendment for insertion and its proper place and each copy of this code within thirty (30) days of its final passage. Passed by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 4th day of September, 2018 upon a roll call vote as follows: AYES: Aldermen Quin Mayhew, Angela Lingenfelter, Angela Hale, Craig West, Justin Nelson, Ryan Mayhew NAYS: None ABSENT: Aldermen John Lovell, Tad Putrich APPROVED: ,p7 14,144.\)coeA, M yor ATTE • er 3 Diana Pavley From: Rob Rollins [rob@sterlingcodifiers.com] Sent: Friday, November 09, 2018 8:15 AM To: Diana Pavley Subject: RE: ordinance question Thanks for the email... We will make the change. I recommend you attach a copy of this email thread to your original ord. Thanks- Rob robCa@sterlingcodifiers.com 208-665-7193 From: Diana Pavley [mailto:DPavlev@cantoncitvhall.org] Sent: Friday, November 09, 2018 6:06 AM To: Rob Rollins<rob@sterlingcodifiers.com> Subject: FW: ordinance question see below How would you like this corrected? From: Curtis Lane [mailto:curtis@barnhartlaw.net] Sent: Thursday, November 08, 2018 6:23 PM To: Diana Pavley Subject: RE: ordinance question Sorry for the late response.The section should be 1-7-9. Can they please make this revision for us? Please let me know If I need to do anything else on this.Thanks. Curtis S. Lane Barnhart,Tinsman & Lane, Ltd. 121 W. Elm St., P.O. Box 478 Canton, IL 61520 (309)647-0100 curtis@barnhartlaw.net This electronic mail transmission and any attachments accompanying it may contain confidential information from the law firm of Barnhart, Tinsman & Lane, Inc. The contents of this communication are protected by the attorney-client privilege and are intended to be CONFIDENTIAL and only for the intended recipient's use. If you have received this message in error, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this transmission is strictly prohibited. Any unauthorized interception of this message may violate either state law or federal law or both. Therefore, if you have received this transmission in error, please contact the sender immediately by reply email and destroy the message and any attachments connected therewith immediately. Also, the contents of this communication are not intended to be a formal legal opinion or the provision of legal advice and should not be relied upon without further communication with the sender. The receipt of this transmission does not, in and of 1 itself, create an attorney-client Relationship, either by implication or otherwise. Attorney-client relationships with the above firm are created only by written agreement. From: Diana Pavley<DPavlev@cantoncitvhall.org> Sent:Wednesday, October 31, 2018 12:58 PM To:Curtis Lane<curtis@barnhartlaw.net> Subject: FW: ordinance question Please see below Can you please let me know how this should be changed? Thanks Diana From: Rob Rollins [mailto:rob@sterlingcodifiers.com] Sent: Wednesday, October 31, 2018 12:34 PM To: Diana Pavley Subject: ordinance question Ord 4114 page 2 top of page subsection B—this section is about carrying guns, and subsection B states that mayor and alderman can carry when acting as conservators of the please as set forth in section 3-9-4 of this code. 3-9-4 is dealing with privy vaults and doesn't seem to apply. Please advise what this reference should be changed to. Thanks- Rob rob@sterlinucodifiers.com 208-665-7193 ms Total Control Panel Loin To:dpavleyncantoncityhall.org Remove this sender from my allow list From:rob@sterlingcodifiers.corn You received this message because the sender is on your allow list. 2