§ 14-46. Discharge of weapons, brandishing of facsimile or replica firearms.

(a)

It shall be unlawful to discharge or shoot any firearm, potato gun, air gun, crossbow, or standard bow in the village, provided that this section shall not be construed to prohibit any officer of the law from discharging a weapon in the performance of his duty nor any citizen from discharging a weapon when lawfully defending his person or property. This subsection shall not apply to the discharge or shooting of the weapons enumerated herein in connection with archery training programs conducted by an educational institution or in connection target ranges which are lawfully operating with the village. This subsection shall further not apply to the discharge of firearms by members of any military organization when on parade, and in accordance with the orders of their commanding officer, or by any public officer, or other person, in the discharge of any legal duty or lawful act, when the same may be done in such manner as not to endanger the safety of any innocent person, or injure any property.

(b)

Except in self-defense, no person shall draw, exhibit or brandish a replica or facsimile of a firearm or simulate a firearm in a rude, angry or threatening manner, with the intent to frighten, vex, harass or annoy or with the intent to commit an act which is a crime under the laws of the city, state or federal government against any other person.

(c)

No person shall draw, exhibit or brandish a replica or facsimile of a firearm or simulate a firearm in the presence of a law enforcement officer, fire fighter, emergency medical technician or paramedic engaged in the performance of his or her duties, when the person committing such brandishing knows or has reason to know that such law enforcement officer, fire fighter, emergency medical technician or paramedic is engaged in the performance of his or her duties.

(d)

"Replica or facsimile of a firearm" shall mean any device or object made of plastic, wood, metal or any other material which is a replica, facsimile or toy version of, or is otherwise recognizable as, a pistol, revolver, shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher or any other firearm. As used in this section, "replica or facsimile of a firearm" shall include, but is not limited to, toy guns, movie props, hobby models (either in kit form or fully assembled), starter pistols, air guns, inoperative firearms or any other device which might reasonably be perceived to be a real firearm.

(e)

"Air rifle" or "air gun" shall mean and include any air gun, air pistol, spring gun, spring pistol, B-B gun, paint ball gun, pellet gun, or any implement that is not a firearm which impels a breakable paint ball containing washable marking colors or, a pellet constructed of hard plastic, steel, lead or other hard materials with a force that reasonably is expected to cause bodily harm.

(f)

The provisions of section 14-46(c) shall not apply to any replica or facsimile firearm which, because of its distinct color, exaggerated size, or other design feature, cannot reasonably be perceived to be a real firearm.

(g)

A person convicted of a violation of any provision of this section shall be guilty of a misdemeanor and shall be fined not less than fifteen dollars ($15.00) and not more than five hundred dollars ($500.00) for each offense.

(Ord. No. 17-O-78, § 2, 8-22-17)

State law reference

Weapons generally, 720 ILCS 5/24-1 et seq.

Editor's note

Ord. No. 17-O-78, § 2, adopted Aug. 22, 2017, repealed § 14-46 in its entirety and enacted a new § 14-46 to read as set out herein. Former § 14-46 pertained to discharge of firearms and derived from the Code of 1977, § 43.9.7.