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An Ordinance Amending Chapter 137 of the Village Code of Ordinances-Projectile Weapons
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WHEREAS, the Village has adopted certain ordinances now codified as and for Chapter137 of the Village Code of Ordinances, pertaining to weapons offenses; and
WHEREAS, after Village staff review, it has been determined that it is in the best interest of the Village to amend said Chapter 137 of the Village Code of Ordinances as hereinafter set forth to provide for certain regulations for the use and possession of projectile weapons within the Village.
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: AMENDMENT TO CHAPTER 137 OF THE VILLAGE CODE OF ORDINANCES. That all those heretofore adopted ordinances of the Village codified as and for Chapter 137.10 through 137.13 of the Village Code of Ordinances shall hereby be amended to read as follows:
137.10 Definitions.
(A) "Air rif1e" means and includes any air gun, air pistol, spring gun, spring pistol, BB gun, pellet gun, air soft gun or any similar device that is not a firearm which impels or propels a BB, pellet or similar object constructed of hard plastic, lead, steel or other hard materials or any similar projectile with a force or impact that is reasonably capable of causing bodily harm or property damage.
(B) "Barrel plug" means, for a paintball gun/marker, a plug designed for the purpose of capping off the barrel of the paintball gun/marker by pressure or otherwise preventing the discharge of any paintball or other projectile from the paintball gun or marker when not in use.
(C) "Barrel sock" means, for a paintball gun/marker, a fitted device designed for the purpose of fitting into the barrel of the paintball gun/marker in order to prevent the discharge of any paintball or other projectile from the paintball gun or marker when not in use.
(D) "Blow gun" or "dart gun" means any tube, barrel, shaft, or similar device including spear guns, which are designed, intended or used as a means to project darts, pellets, BBs, or other similar sharp or hard objects by air pressure, spring, elastic band, expulsion of breath or by other force.
(E) "Bow and arrow" means any prime equipment (i.e., any launching device and shafted projectiles) that may be used in archery or hunting including, but not limited to, crossbows, bows, compound bows, arrows or darts.
(F) "Firing device" means any air rifle, blow gun/dart gun, bow and arrow, paintball gun/marker or slingshot.
(G) "Gassed off" means, for a paintball gun/marker, in a state in which the force from the pressure tank or cartridge is disconnected or shut off from the barrel of the paintball gun/marker, whether by removing the pressure tank or cartridge, or by tripping a device to disconnect the pressure from the pressure tank or cartridge.
(H) "In loco parentis" means standing legally in relation to a minor with parent-like authority.
(I) "Minor" means any person under the age of eighteen (18).
(J) "Paintball gun" or "marker" means and includes any gun, pistol, spring gun, spring pistol or any instrument that is not a firearm, which impels or propels a pellet or other projectile constructed of plastic or other material containing paint or similar substance.
(K) "Pressure tank" or "cartridge" means a tank or cartridge containing carbon dioxide, nitrogen, air or other gas, designed, intended or used to create pressure for the firing of a projectile from a paintball gun/marker, air rifle or similar device.
(L) "Projectile" means any pellet, whether plastic or metal, BB, dart, arrow, spear, paintball, or other similarly hard, sharp, or staining object that is designed, intended or used for the purpose of being projected by force out of or from an air rifle, blow gun/dart gun, bow and arrow, paintball gun/marker, or slingshot, reasonably capable of causing bodily harm or property damage.
(M) "Sling shot" means any device of any kind, shape or size that utilizes a spring, elastic band or similar device, alone or in conjunction with a physical act, to propel a projectile.
137.11 Sale or Transfer to Minors.
(A) It is unlawful for any person to sell, lend, rent, give or otherwise transfer to any minor a firing device, a projectile designed, intended or used for discharge from a firing device or a pressure tank or cartridge designed, intended or used to discharge a projectile from a firing device.
(B) It is unlawful for any person to fill for a minor any pressure tank or cartridge with carbon dioxide, nitrogen, air, or other substance designed, intended or used in conjunction with a firing device.
(C) For purposes of this subsection B of this section, it shall be the affirmative obligation of a person selling any firing device or projectile, or filling any pressure tank or cartridge to make reasonable inquiry regarding the age of the person to whom or for whom such action is being taken; and if such person does not make reasonable inquiry regarding the age of the person for whom the action is being taken, it shall be no defense to a charge of a violation of this section the person charged was not aware that the person to whom or for whom the action was taken is a minor.
(D) Exception to Sale or Transfer to Minors.
Notwithstanding subsections (A) and (B) above, it shall not be unlawful for any person to:
(1) Sell, give, lend or otherwise transfer any of the items described in subsection (A) and subsection (B) above to a minor if the minor is accompanied by and has the permission of a parent, guardian, instructor or teacher or person standing otherwise in loco parentis to the minor or
(2) Fill a pressure tank or cartridge for a minor if accompanied by a parent, guardian, instructor or teacher, or a person standing otherwise in loco parentis to the minor.
137.12 Possession of Firing Devices and Projectiles.
(A) It is unlawful for any person to possess or carry, concealed or not concealed any firing device or projectile including any air rifle, blow gun/dart gun, paintball gun/marker, sling shot or bow and arrow on or about one's person or within a motor vehicle, except on one's own property, place of abode or fixed place of business, unless:
(1) In the case of air rifles, it is broken down in a non-functioning state, if possible, not immediately accessible, unloaded and enclosed in a case, firearm carrying box, shipping box, or other enclosed container;
(2) In the case of paintball guns/markers, it is gassed off, containing a barrel plug or barrel sock, not immediately accessible unloaded and enclosed in a case, shipping box, or other enclosed container;
(3) For bows and arrows, slingshots, and blow guns/dart guns, it is not immediately accessible, unloaded, and with the firing device and projectiles in separate enclosed in cases, shipping boxes, or other enclosed containers.
(B) It shall be unlawful for any minor to possess any air rifle, blow gun/dart gun, sling shot, bow and arrow or paintball gun/marker at any time, except within the minor's own residence or when accompanied by an adult who is the minor's parent, legal guardian, instructor or person standing in loco parentis or when directly and immediately supervised by any other adult with the express permission of the minor's parent, legal guardian, teacher, instructor, or person standing in loco parentis to the minor.
(C) Discharge of Air Rifles, Blow Gun/Marker, Bows and Arrows, Sling Shots and Paintball Guns/Marker.
It is unlawful for any person to discharge any air rifle, blow gun/marker, bow and arrow, sling shot or paintball gun/marker within the municipal boundaries of the Village at any time when:
(1) On public property of the Village, unless such property shall have been expressly designated and improved by the Village for the purpose of providing a range or like facility for the use of any designated firing devices or projectiles;
(2) On or across any private property except when the activity is conducted on an indoor or outdoor target range developed and approved in accordance with the applicable requirements of Chapter 159 of the Village Code of Ordinances, and subject to and in accordance with guidelines for the particular type of range as promulgated by the national association generally recognized as the governing body for participation in the particular activity at issue; or
(3) By a minor at any time except under the direct and immediate supervision of a parent, legal guardian, adult instructor, or other person standing in loco parentis to the minor, and only where otherwise permitted by the provisions of this subsection.
(D) It shall be unlawful for any person to represent falsely that one's age is eighteen (18) years or older in connection with the possession, discharge or transfer of any firing device or projectile including any air rifle, blow gun/marker, slingshot, bow and arrow or paintball gun/marker.
(E) Notwithstanding any provision herein to the contrary, the following shall be unlawful under any circumstances:
(1) The retail sale or other transfer, possession, or discharge of any paintball containing iodine or other staining substance, except within an indoor, controlled commercial arena or range developed and approved in accordance with the applicable requirements of Chapter 159 of the Village Code of Ordinances, and subject to and in accordance with guidelines for the particular type of range or facility as promulgated by the national association generally recognized as the governing body for participation in the particular activity at issue;
(2) The firing of any projectile at or unreasonably close to any person except for the discharge of paintballs in a controlled, commercial arena or range developed and approved in accordance with the applicable requirements of Chapter 159 of the Village Code of Ordinances, and subject to and in accordance with guidelines for the particular type of range or facility as promulgated by the national association generally recognized as the governing body for participation in the particular activity at issue with use of appropriate safety gear; and
(3) The discharge of any marble, pellet, BB, or other hard or sharp projectile, other than non-staining paintballs that are commercially available at local retail stores, from any paintball gun/marker.
(4) This section 137.12 shall not apply to any police officer engaged in authorized police training or any other authorized police activity.
137.13 Reserved.
SECTION 3: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.