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O-29-11 Amend Code Title 9VILLAGE OF LEMONT ORDINANCE NO.(9 -01.7-1 AN ORDINANCE AMENDING THE LEMONT MUNICIPAL CODE (Title 9 — Public Peace, Morals and Welfare) ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS _ DAY OF , 2011 Published in pamphlet form by Authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, this _ day of , 2011. Ordinance No. 2011 -0 AN ORDINANCE AMENDING THE LEMONT MUNICIPAL CODE (Title 9 — Public Peace, Morals and Welfare) BE IT ORDAINED BY THE Mayor and Village Board of the Village of Lemont, Lake County, Illinois, as Follows: SECTION 1: The LEMONT MUNICIPAL CODE is hereby amended in Title 9, "Public Peace, Morals and Welfare) by amending Subsection 9.40.020 in the manner and form shown below with additions being underlined and deletions being shown in strikethrough text, so that said Subsection shall hereafter provide as follows: 9.40.020 Discharging of firearms or air guns. (a) Except as provided herein, it is unlawful to discharge any firearms or air guns in the village. (b) The Chief of Police may authorize the discharge of air guns as follows: (1) An application, in writing, must be submitted to the Chief of Police which must contain the following: i) the name, address and phone number of the club, team or society seeking the authorization, including primary contact person; ii) the exact dates, times and locations of when and where the discharge of the air guns is to occur; iii) the purpose of the club, team or society; iv) an operations and safety plan; v) a list of individual(s) primarily responsible for implementing the safety plan. (2) The Chief of Police has the authority to approve or deny the application based upon the presence or absence of danger to the public health safety or welfare. If approved, the Chief of Police may impose conditions upon such approval to mitigate potential danger to the public health, safety or welfare. Such approval may be revoked or suspended by the Chief of Police at any time in the event the Chief of Police determines that there exists a danger to the public health, safety or welfare. (3) The Chief of Police may establish rules and regulations consistent with the Section. (4) Any activity conducted at a facility in response to the approval of the Chief of Police as provided herein shall be done at the sole risk of the participants. In no event shall any liability be imposed upon the Village or any of its officers or employees for 2 any injury to person or damage to property arising from the discharge of an air gun at a facility approved by the Chief of Police. (c) This section shall not be construed: (1) to prohibit any officer of the law to discharge a firearm in the performance of such officer's duty, (2) to prohibit any citizen to discharge a firearm when lawfully defending such person's life or property. SECTION 2: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois, made and provided. SECTION 3: Should any Section or provision of this Ordinance be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part declared to be invalid_ SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. (Remainder of this Page intentionally blank) 3 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, LLINOIS, on this day of , 2011. PRESIDENT AND VILLAGE BOARD MEMBERS: Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio ATTEST: AYES: NAYS: ABSENT: ABSTAIN CHARLENE M. SMOLLEN Village Clerk 4 BRIAN K. RE ES President