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HomeMy Public PortalAboutOrdinance 3235 VILLAGE OF PLAINFIELD ORDINANCE NO. 3235 AN ORDINANCE ENACTING CHAPTER 6, ARTICLE X OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD An Ordinance Regulating Replica Firearm Cellphone Cases ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD THIS 21ST DAY OF SEPTEMBER 2015. Published in pamphlet form by the authority of the President and Board of Trustees of the Village of Plainfield, Will and Kendall Counties, Illinois, this 22nd day of September, 2015. ORDINANCE NO. 3235 AN ORDINANCE ENACTING CHAPTER 6, ARTICLE X OF THE CODE OF ORDINANCES OF THE VILLAGE OF PLAINFIELD An Ordinance Regulating Replica Firearm Cellphone Cases WHEREAS, the Village of Plainfield ("Village"), Will County, Illinois, as a home rule municipality in accordance with Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, is enacting this Ordinance pursuant to its home rule authority; and WHEREAS, pursuant to the laws of the State of Illinois, the Village has the authority to adopt ordinances necessary for the protection of residents of the Village and property located in the Village; WHEREAS, manufacturers have recently introduced cellphone cases designed and manufactured in a manner that replicates a firearm; WHEREAS, such imitation or replica cellphone cases have the appearance of a handgun and can also feature the grip of an actual handgun with a trigger guard attached to the housing of the cellphone cover, giving them the appearance of a handgun and making them nearly indistinguishable from a functioning firearm; WHEREAS, throughout the country law enforcement officers have reported incidents where they have mistakenly identified a replica firearm cellphone case to be a working firearm; WHEREAS, the Village President and the Village Board of Trustees ("Village Board") have determined it is necessary and desirable to amend the Village's Code of Ordinances (the "Code") to regulate replica firearm cellphone cases in the Village; and WHEREAS, the Village President and the Village Board specifically find that the passage of this Ordinance will promote the safety and welfare of the citizens of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS, as follows: SECTION ONE. That the Preamble to this Ordinance and Exhibits are adopted by this reference as if fully set forth herein. SECTION TWO. That Chapter 6, Article X of the Village's Code of Ordinances, entitled "Replica Firearm Cellphone Cases", be and hereby is enacted as set forth in Section Three below. The text enacting this Article of the Village's Code of Ordinances with document markings is attached hereto as Exhibit "A". Additions to the code are double underlined. SECTION THREE. Sec. 6-260. Definitions. For purposes of this article, the following words and phrases shall have the following meanings ascribed to them: Replica Firearm Cellphone Case shall mean any device manufactured, designed and/or marketed to encase a cellular telephone, and due to its design can be reasonably perceived as a firearm, but is incapable of being fired or discharged. Possess shall mean an act of physical dominion over, or within, a person's immediate and exclusive control. For purposes of this definition, exclusive control may occur even though possession is jointly held or shared. Use shall mean to employ for any purpose and/or to make use of for any purpose. (Ord. 2015 - ; eff. —2015) Sec. 6-261. Replica firearm cellphone cases prohibited. It shall be unlawful for any person to purchase, possess, use, sell, give away or otherwise transfer, or to engage in the business of selling or to exhibit for sale, a replica firearm cellphone case, in the Village. (Ord. 2015 - ; eff. —2015) Sec. 6-262. Exception. Nothing contained within this article shall prohibit a sworn law enforcement officer from purchasing, possessing, concealing or using a replica firearm cellphone case in the Village at the direction of and in connection with lawful employment, including but not limited to sanctioned training activities. (Ord. 2015 - ; eff. —2015) Sec. 6-263. Penalties. Every person found guilty of a violation of any of the provisions of this article shall be subject to a fine of two hundred and fifty dollars ($250.00) for the first offense, and five hundred dollars ($500.00) for a second or subsequent offense, in addition to court costs when applicable. A separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues. The fines set forth in this article shall be assessed regardless of whether the offender is convicted or placed on supervision by a court. Secs. 6-264 - 6-269 Reserved. SECTION FOUR. That any Village Ordinance or Resolution, or part thereof, in conflict with the provisions of this Ordinance is, to the extent of such conflict, expressly repealed. SECTION FIVE. If any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be stricken and shall not affect any other provision of this Ordinance. SECTION SIX. This Ordinance shall be in full force and effect after its passage, approval, and publication in pamphlet form as provided by law. SECTION SEVEN. This Ordinance shall be numbered as Ordinance No. 3235. PASSED THIS 21st DAY OF SEPTEMBER, 2015. AYES: O'Rourke, Peck, Racich, Wojowski, Bonuchi, Lamb NAYS: None ABSENT: None APPROVED THIS 21st DAY OF SEPTEMBER, 2015. lJLZ'� Thael P. Collins /illage President AET ED AND FIL IN MY OFFICE: Michelle Gibas Village Clerk EXHIBIT A Sec. 6-260. Definitions. For purposes of this article, the following words and phrases shall have the following meanings ascribed to them: Replica Firearm Cellphone Case shall mean any device manufactured, designed and/or marketed to encase a cellular telephone, and due to its design can be reasonably perceived as a firearm, but is incapable of being fired or discharged. Possess shall mean an act of physical dominion over, or within, a person's immediate and exclusive control. For purposes of this definition, exclusive control may occur even though possession is jointly held or shared. Use shall mean to employ for any purpose and/or to make use of for any purpose. (Ord. 2015 - ; eff. —2015) Sec. 6-261. Replica firearm cellphone cases prohibited. It shall be unlawful for any person to purchase, possess. use, sell, give away or otherwise transfer, or to engage in the business of selling or to exhibit for sale, a replica firearm cellphone case, in the Village. (Ord. 2015 - ; eff. —2015) Sec. 6-262. Exception. Nothing contained within this article shall prohibit a sworn law enforcement officer from purchasing, possessing, concealing or using a replica firearm cellphone case in the Village at the direction of and in connection with lawful employment, including but not limited to sanctioned training activities. (Ord. 2015 - : eff. —2015) Sec. 6-263. Penalties. Every person found guilty of a violation of any of the provisions of this article shall be subject to a fine of two hundred and fifty dollars ($250.00) for the first offense, and five hundred dollars ($500.00) for a second or subsequent offense, in addition to court costs when applicable. A separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues. The fines set forth in this article shall be assessed regardless of whether the offender is convicted or placed on supervision by a court. Secs. 6-264 - 6-269 Reserved.