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HomeMy WebLinkAboutOrdinance #1123 ORDINANCE NO. 1123 AN ORDINANCE GOVERNING THE DSE OF WEAPONS AND FIRL_AR~rs IN THE CITY OF CANTON Whereas, the Legal and Ordinance Committee has determined that it is necessary and in the best interest of the City of Canton to regulate the use of weapons and firearms in the City of Canton; and, Whereas, the Canton City Council has made a similar determination. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, AS FOLLOWS: Section 1. DEFINITIONS. Whenever in this Ordinance the following terms or words are used they shall have the meanings respectively ascribed to them in this Section. (a) WEAPONS: Black jack, slung shot, sand club, sand bag, switch blade knife, dager, dirk, sword, saber, stiletto, broken bottle, 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, bomb shell, grenade, bottle or other container containing an explosive substance, such as, but not limited to, black powder bombs and Molotov cocktails. (b) FIREARMS: Shot gun, rifle, B-B gun, pellet gun, pistol, revolver, machine gun, or any device capable of ejecting or firing a projectile by any means. (c) PEACE OFFICERS: Officers duly Police Commission of the City of Canton, elected by the people or appointed by an United States Government or of the State sub-division thereof and having a right firearms in their official capacity. appointed by the Fire and Illinois, or officers official or board of the of Illinois or of some to carry weapons and Section 2. DISCHARGE OF WEAPONS AND FIREARMS PROHIBITED. It shall be unlawful for any person to discharge any firearm or any weapon within or into the corporate limits of the City of Canton, Illinois, except that firearms firing "blank" ammunition may be discharged for military funerals and other patriotic observances and, excepting further, that nothing contained in this Section shall be construed to make unlawful the discharge of a firearm or weapon by a peace officer while in the performance of his duties. Section 3. CARRYING OF FIREARMS PROHIBITED. It shall be unlawful for any person to carry firearms within the corporate limits of the City of Canton, Illinois. Section 4. CARRYING OF WEAPONS PROHIBITED. It shall be unlawful for any person to carry or have on his person or in any vehicle any weapon within the corporate limits of the City of Canton, Illinois. Section 5. EXCEPTIONS. Sections 3 and 4 of this Ordinance shall not apply to any of the following: (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 of Canton, Illinois, when acting as Conservators of the Peace as set forth in Section 3-9-4 of the Illinois Municipal 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 of Illinois in such cases made and provided. (g) Transportation of weapons or firearms when broken down, or in a non-functioning state, or when stored in or locked in an inaccessable 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 21 years carrying or using chemical weapons formulated or designed for defensive use against animals while in the actual performance of their duties. Section 6. REPEAL. All prior Ordinances and parts of Ordinances in any way in conflict with this Ordinance be, and the same are hereby repealed. -2- Section 7. PENALTY. Any person found or adjudged guilty of any of the provisions of this Ordinance shall be subject to a fine of not less than $50.00 nor more than $500.00 for each offense. Each instance of violation shall constitute a separate offense. Section 8. DEFENSIVE USE OF WEAPONS AND FIREARMS. Nothing in this Ordinance shall ever be construed to prohibit or deny to any person the right to lawfully use a weapon or firearm in the defense of one's person, the person of another, in the defense of one's home; or, to lawfully possess a weapon or firearm. Section 9. EFFECTIVE DATE. This Ordinance shall be in full force and effect ten days after its passage by the City Council of the City of Canton, Fulton County, Illinois, approval by the Mayor thereof, and publication in pamphlet form as provided by law. PASSED by the County, Illinois at December AYES: ATTEST: NAYS: ABSENT: ~j~ APPROVED: z~e~,e! ~~ ~~~-~~~ MAYOR. CITY CLERK. -3- City Council of the City of Canton, Fulton a regular meeting this 2nd day of _, 1986, upon a roll call vote as follows: Pu~i_r~~ci®~ ~~a~~r~~~s~t~®~ f~ C~ not p~!tifis,h ~JueiSi9 °fi ~';"sf73~~ti~'t iDiE~; ~~~I~y ~~ Pt~bii~,'~ in a ~,~r~~,;;i circ~tation newspaper -~~_ `~ City ~ytt _ _~_ . _. Date