Is Menomonie statute 5-1-3N stricter than state law?
Section 1. Section 5-1-3N. of the City Code is hereby created as follows:
N. Possession Of Specified Firearms And Weapons In Public Buildings,
Business Establishments And Public Areas.
1. Definitions. The following definitions shall apply in the
interpretation and the enforcement of this subsection:
a. “Firearm” means a weapon that acts by force of gunpowder.
b. “Controlled-access facility” means a facility or area that has
designated entrances for ingress and egress controlled by a door,
gate, attendant or other means to limit entry while the facility is
open and can be locked or secured when closed, or in the
instance of temporary events of less than three weeks,
designated entrances may be either secured when closed or the
controlled-access facility removed at the termination of the
temporary event.
c. “Law enforcement” means any person employed by the State of
Wisconsin or any political subdivision of this state, for the
purpose of detecting and preventing crime and enforcing laws or
ordinances and who is authorized to make arrests for violations
of the laws or ordinances he or she is employed to enforce.
d. “Special event” means a scheduled public gathering of persons
on city property to which the public is invited, whether or not an
admission fee is charged; or at which concessions are to be sold,
such as food or beverages, including alcoholic beverages; and
which will reasonably require, based on then-existing city
policies and procedures, the provision of city support services to
accommodate the event on public property. A special event is
open to the public at a predetermined location on public
property, including, but not limited to, city parks, streets and
sidewalks. This definition shall not apply to any of the
following: any march, public assembly, or other activity
protected by the First Amendment to the United States
Constitution, city-sponsored events, or funeral processions.
e. “Weapon” means a handgun, an electronic weapon as defined at
Section 941.295, Wisconsin statutes, a knife other than a
switchblade under Section 941.24, Wisconsin statutes, or a billy
club.
2. In addition to the provisions of Wisconsin statutes enumerating
places where the carrying of a weapon or a firearm is prohibited,
including exceptions thereto, it shall be unlawful for any person
other than a law enforcement officer or other City officer or official
designated by the Menomonie Chief of Police to enter the following
City of Menomonie municipal buildings, facilities or locations
while carrying a weapon or a firearm:
a. City Hall;
b. Menomonie Public Library;
c. Fire Stations;
d. Police Station;
e. Wakanda Waterpark;
f. Street Department building;
g. Parks Department buildings;
h. Leisure Services Center – Shirley Doane Senior Center;
i. City wells, pump houses, and all related buildings;
j. Such buildings or facilities as designated by the Menomonie
Housing Authority;
k. Wastewater treatment plant, lift stations, and related buildings;
l. City park bathrooms;
m. Airport terminal; and
n. Any and all other municipal buildings or controlled-access
facilities owned or operated by the City of Menomonie, whether
now in existence or later constructed or leased, excepting
unlocked portions of Wilson Park Band Shell and park pavilions
in Wakanda Park and other similar open-sided structures in
various locations.
3. It shall be unlawful for any person other than a law enforcement
officer to enter any building, facility, or location open to the public
that is posted as a no firearms or concealed weapons location while
possessing, carrying, or concealing a firearm or weapon, whether
with or without a state permit.
4. Signs meeting the requirements of Section 943.13(2)(bm)1,
Wisconsin statutes, shall be posted in prominent places near public
entrances of all buildings, structures or locations that restrict or
prohibit firearms or concealed weapons.
5. Signs of at least 5 inches by 7 inches in size shall be posted in
prominent places near public entrances to all licensed premises
selling alcohol for on-premise consumption to advise patrons that
(a) firearms are prohibited on such premises except with a valid
concealed weapons permit pursuant to Section 941.237(2),
Wisconsin statutes, and (b) those with such a permit cannot be
served alcohol if carrying a concealed weapon pursuant to Section
941.237(3)(cx), Wisconsin statutes.
Licensees that prohibit all firearms and concealed weapons on the
premise and post signs complying with subsection 4. above shall be
exempt from this requirement.
The City Clerk shall have signs meeting these requirements
produced and available for licensees by November 1, 2011, and for
new licensees thereafter. Licensees shall post such signs or signs
substantially similar of comparable size, font, and content.
6. Any person violating any of the provisions of this subsection shall,
upon conviction thereof, forfeit not less than $100.00 nor more than
$500.00, plus court and other costs, for each separate violation, and
shall further be subject to penalty for trespass under Section 943.13,
Wisconsin statutes.
Section 2. Section 1-4-6A. of the City Code is amended to create the following entry:
5-1-3N, possession of firearms and weapons in specified places:
Deposit: $200.00
Section 3. (Non-codified provision) The City Administrator is authorized and directed to
make such changes to the City of Menomonie Employee Handbook to prohibit
employee use or possession of a firearm or weapon while on duty, except law
enforcement officers and those authorized by the Chief of Police, while
making such necessary exceptions and amendments to comply with 2011 Act
35, Section 175.60(15m), Wisconsin statutes, and such other and future laws
or binding judicial precedent.
Section 4. (Non-codified provision) The City Administrator is authorized and directed to
modify any special event application to ask event organizers whether they will
post the event as firearm and concealed weapons prohibited, or if not, what
steps the event organizer will take to ensure the health, safety, and welfare of
those attending the special event.
Section 5. This ordinance shall be effective on November 1, 2011.
INTRODUCED 10-17-2011 APPROVED THIS 17th DAY
FIRST READING waived 10-17-2011 OF October, 2011
SECOND READING waived 10-17-2011 Randy Knaack
MAYOR, Randy Knaack
PASSED 10-17-2011
PUBLISHED 10-23-2011 SUBMITTED BY:
ATTEST JoAnn L. Kadinger Sandy White
CITY CLERK, JoAnn L. Kadinger ALDERPERSON
Section 1. Section 5-1-3N. of the City Code is hereby created as follows:
N. Possession Of Specified Firearms And Weapons In Public Buildings,
Business Establishments And Public Areas.
1. Definitions. The following definitions shall apply in the
interpretation and the enforcement of this subsection:
a. “Firearm” means a weapon that acts by force of gunpowder.
b. “Controlled-access facility” means a facility or area that has
designated entrances for ingress and egress controlled by a door,
gate, attendant or other means to limit entry while the facility is
open and can be locked or secured when closed, or in the
instance of temporary events of less than three weeks,
designated entrances may be either secured when closed or the
controlled-access facility removed at the termination of the
temporary event.
c. “Law enforcement” means any person employed by the State of
Wisconsin or any political subdivision of this state, for the
purpose of detecting and preventing crime and enforcing laws or
ordinances and who is authorized to make arrests for violations
of the laws or ordinances he or she is employed to enforce.
d. “Special event” means a scheduled public gathering of persons
on city property to which the public is invited, whether or not an
admission fee is charged; or at which concessions are to be sold,
such as food or beverages, including alcoholic beverages; and
which will reasonably require, based on then-existing city
policies and procedures, the provision of city support services to
accommodate the event on public property. A special event is
open to the public at a predetermined location on public
property, including, but not limited to, city parks, streets and
sidewalks. This definition shall not apply to any of the
following: any march, public assembly, or other activity
protected by the First Amendment to the United States
Constitution, city-sponsored events, or funeral processions.
e. “Weapon” means a handgun, an electronic weapon as defined at
Section 941.295, Wisconsin statutes, a knife other than a
switchblade under Section 941.24, Wisconsin statutes, or a billy
club.
2. In addition to the provisions of Wisconsin statutes enumerating
places where the carrying of a weapon or a firearm is prohibited,
including exceptions thereto, it shall be unlawful for any person
other than a law enforcement officer or other City officer or official
designated by the Menomonie Chief of Police to enter the following
City of Menomonie municipal buildings, facilities or locations
while carrying a weapon or a firearm:
a. City Hall;
b. Menomonie Public Library;
c. Fire Stations;
d. Police Station;
e. Wakanda Waterpark;
f. Street Department building;
g. Parks Department buildings;
h. Leisure Services Center – Shirley Doane Senior Center;
i. City wells, pump houses, and all related buildings;
j. Such buildings or facilities as designated by the Menomonie
Housing Authority;
k. Wastewater treatment plant, lift stations, and related buildings;
l. City park bathrooms;
m. Airport terminal; and
n. Any and all other municipal buildings or controlled-access
facilities owned or operated by the City of Menomonie, whether
now in existence or later constructed or leased, excepting
unlocked portions of Wilson Park Band Shell and park pavilions
in Wakanda Park and other similar open-sided structures in
various locations.
3. It shall be unlawful for any person other than a law enforcement
officer to enter any building, facility, or location open to the public
that is posted as a no firearms or concealed weapons location while
possessing, carrying, or concealing a firearm or weapon, whether
with or without a state permit.
4. Signs meeting the requirements of Section 943.13(2)(bm)1,
Wisconsin statutes, shall be posted in prominent places near public
entrances of all buildings, structures or locations that restrict or
prohibit firearms or concealed weapons.
5. Signs of at least 5 inches by 7 inches in size shall be posted in
prominent places near public entrances to all licensed premises
selling alcohol for on-premise consumption to advise patrons that
(a) firearms are prohibited on such premises except with a valid
concealed weapons permit pursuant to Section 941.237(2),
Wisconsin statutes, and (b) those with such a permit cannot be
served alcohol if carrying a concealed weapon pursuant to Section
941.237(3)(cx), Wisconsin statutes.
Licensees that prohibit all firearms and concealed weapons on the
premise and post signs complying with subsection 4. above shall be
exempt from this requirement.
The City Clerk shall have signs meeting these requirements
produced and available for licensees by November 1, 2011, and for
new licensees thereafter. Licensees shall post such signs or signs
substantially similar of comparable size, font, and content.
6. Any person violating any of the provisions of this subsection shall,
upon conviction thereof, forfeit not less than $100.00 nor more than
$500.00, plus court and other costs, for each separate violation, and
shall further be subject to penalty for trespass under Section 943.13,
Wisconsin statutes.
Section 2. Section 1-4-6A. of the City Code is amended to create the following entry:
5-1-3N, possession of firearms and weapons in specified places:
Deposit: $200.00
Section 3. (Non-codified provision) The City Administrator is authorized and directed to
make such changes to the City of Menomonie Employee Handbook to prohibit
employee use or possession of a firearm or weapon while on duty, except law
enforcement officers and those authorized by the Chief of Police, while
making such necessary exceptions and amendments to comply with 2011 Act
35, Section 175.60(15m), Wisconsin statutes, and such other and future laws
or binding judicial precedent.
Section 4. (Non-codified provision) The City Administrator is authorized and directed to
modify any special event application to ask event organizers whether they will
post the event as firearm and concealed weapons prohibited, or if not, what
steps the event organizer will take to ensure the health, safety, and welfare of
those attending the special event.
Section 5. This ordinance shall be effective on November 1, 2011.
INTRODUCED 10-17-2011 APPROVED THIS 17th DAY
FIRST READING waived 10-17-2011 OF October, 2011
SECOND READING waived 10-17-2011 Randy Knaack
MAYOR, Randy Knaack
PASSED 10-17-2011
PUBLISHED 10-23-2011 SUBMITTED BY:
ATTEST JoAnn L. Kadinger Sandy White
CITY CLERK, JoAnn L. Kadinger ALDERPERSON
