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.