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Ordinance 1999-22 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO.R'9-d,-2, AN ORDINANCE AMENDING TITLE 5, CHAPTER 3, SECTION 6 B OF THE CITY CODE OF THE UNITED CITY OF YORKVILLE (AN ORDINANCE REGULATING AIR RIFLES) WHEREAS, the Mayor and City Council of the United City of Yorkville, upon the recommendation and request of various members of the community, and after consideration and study by the City Police Department, deem it to be in the best interest, and necessary for public safety, to amend the existing Ordinance as it pertains to Air Rifles; NOW THEREFORE,the Mayor and the City Council of the United City of Yorkville upon Motion duly made, seconded and approved, hereby enact the following amended Ordinance with respect to the possession and use of air rifles: (B) AIR RIFLES (1) DEFINITION: "AIR RIFLE" - means and includes any air gun, air pistol, spring gun, spring pistol, B-B gun, pellet gun, paint ball gun or any implement that is not a firearm which by means of a spring, compressed air, carbon dioxide, or other gas or other similar propellent,impels a breakable paint ball containing paint or, a pellet or dart constructed of hard plastic, steel, lead, or other hard materials that could reasonably be expected to cause bodily harm or cause damage to property. -1- (2) CARRYING OR DISCHARGING ON PUBLIC STREETS a. It is unlawful for any person to carry any loaded air rifle on the public streets, roads, highways, or public lands within the United City of Yorkville. However, a person may transport an air rifle in an unloaded, broken down, or in a case on any public streets,roads,highways,or public lands within the City. b. It is unlawful for any person to discharge any air rifle from across any street, sidewalk, road, highway or public land or any public place. C. It is unlawful for any person to discharge any air rifle from a motor vehicle. (3) PERMISSIVE POSSESSION a. Notwithstanding any provision of this Ordinance, it is not unlawful for any person to have an air rifle in his possession if it is: (i) Kept within his house or residence. (ii) Used by the person and he is a duly enrolled member of any club, team,or society organized for educational purposes and maintaining as part of its facilities or having written permission to use on an indoor or outdoor rifle range under the supervision, guidance and instruction of a reasonable adult and then only said air rifle is actually being used in connection with the activities of said club, team, or society under the supervision of a responsible adult; or (iii) Used in or on any private grounds or residence under circumstances when such air rifle is fired, discharged or operated in such a manner -2- as not to endanger persons or property and then only if it is used in such a manner as to prevent the projectile from passing over any grounds or space outside the limits of such grounds or residence,and only if such operation or discharge of said air rifle on private property is done with the express consent of the property owner. (iv) It shall not be unlawful for a person to carry an air rifle in a vehicle if said air rifle is broken down in a non-functioning state or said air rifle is not immediately accessible or in the trunk of the vehicle. This provision shall be interpreted in accordance with the Illinois Unlawful Use of Weapon Statutory Exception stated in 720 ILCS 5/24-2(b)(4) (1999). (4) PENALTIES a. If a violation of any of the provisions of this Ordinance occurs,the City shall issue a citation to the offender and the charging officer shall immediately confiscate the air rifle for evidentiary purposes. The City must then file a complaint against the offender in the Circuit Court of Kendall County and seek to have the Court impose a fine against the violator in the amount of One Hundred Dollars($100.00). The City shall further be entitled to seek a Forfeiture Order as to said air rifle. b. If the air rifle is discharged from a motor vehicle,the City may seek to have the Court fine the offender Five Hundred Dollars ($500.00) and order forfeiture of the air rifle. -3- C. If any individual is found in violation of the Ordinance for a second or subsequent time the City may seek to have the Court fine the violator Five Hundred Dollars ($500.00) and the City shall again be entitled to seek a forfeiture Order as to said air rifle. d. Said fine shall be paid to the City of Yorkville no later than Ten(10)working days after the violation. SEVERABILITY: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part,sentence,paragraph,section,or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. REPEALER: Any Ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. EFFECTIVE DATE: This Ordinance shall be in full force and effect 15 days from and after its passage and approval by the Mayor and City Council. IN WITNESS WHEREOF, this Ordinance has been enacted this J&6 day of November, 1999. BURTON CALLMER DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON VALERIE BURD ( ROSE SPEARS LARRY KOT THOMAS SOWINSKI -4- APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of /(J�t�d�/ lit , A.D. 19-V. MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this day of "!L' Ta , A.D. 19e. Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630)553-9500 -5-