Geoff
Regular Member
imported post
Hello, I was just looking through my village's ordinances concerning firearms, and am hoping you can help clear them up. 9.03(1)(d)defines a public place as "Any privately owned building which is open to the public." but I don't see "public place" anywhere else in this section.
If that term isn't used, then why is it defined?
Also, What do each of the fields in 9.03(1)(d) represent? I'm guesing 9 is the chapter, section 3, subsection 1 article d? Is this correct?
Thanks,
Geoff
9.02 FIREARMS AND OTHER DANGEROUS WEAPONS REGULATED.(Rep. & Recr. Ord. #16-95)
(1)DEFINITIONS. (Am. Ord. #4-96)
(a)Firearm . A weapon which acts by force of gunpowder.
(b)Other Dangerous Weapon . Includes bow and arrow, crossbow, air gun, BB gun, sling shot, blow gun and other similar weapons.
(2)RESTRICTION ON USE OF FIREARMS AND OTHER DANGEROUS WEAPONS. Firearms and other dangerous weapons shall be discharged within the Village only in compliance with the following standards:
(a)Law enforcement personnel in the performance of their duties.
(b)Persons who have obtained a shooting permit under subsection (3) below or a special permit under subsection (4) below. (Am. Ord. #21-08)
(3)SHOOTING PERMIT.
(a)Required . No person may discharge any firearms or other dangerous weapons in the Village without obtaining a shooting permit or a special permit from the Chief of Police or his designee. (Am. Ord. #21-08)
(b)Permit Application . Applications for shooting permits may be obtained at the Police Station, shall be filed with the Police Chief, and shall include the following:
1.A description of the property where hunting will take place, which property to consist of 5 acres or more.
2.Proof that the applicant is the owner or tenant of said property or written consent of the owner.
3.A valid hunting license.
4.Each applicant shall pay a fee of $5.00 plus the cost of the criminal investigation fee as charged by the State Department of Justice. (Am. Ord. #24-97; Am. Ord. #23-98)
5.Expiration date. All permits shall expire on August 31 of each year.
(c)Restricted Shooting Areas . (Am. Ord. #35-95) Except as provided in subsection (6) below, no permits shall be issued for Sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and Wilderness Park as located in Section 12, all being in Town 9 North, Range 20 East, in the Village.
(d)Shooting Regulations .
1.Firearms shall be limited to shotguns.
2.No firearm or dangerous weapon shall be discharged within 500 feet of any building, street, road or highway.
3.Permits shall be shown to police officers upon demand.
(e)Grant or Denial of Permit; Appeal . The Police Chief or the Chief's designee shall review the application and grant or deny the appeal. Any person aggrieved may appeal to the Public Safety Committee within 10 days.
(f)Revocation of Permit . The Police Chief may revoke any permit issued hereunder at any time for any violation of the provisions of this subsection.
(4)SPECIAL PERMITS. (Am. Ord. #21-08) Special permits for the preservation of crops may be issued by the Police Chief.
(5)LIABILITY NOT ASSUMED. The Village does not assume any liability for damages to persons or property caused by the discharge of firearms or other dangerous weapons.
(6)PENALTY. Any person who shall violate any provision of this section shall be subject to a penalty as provided in section 25.04 of this Code.
State law references--Weapons generally, Wis. Stats. § 941.20 et seq.; local regulation of firearms, Wis. Stats. § 66.0409.
9.03 POSSESSION OF FIREARMS IN PUBLIC BUILDINGS PROHIBITED.(Am. Ord. #4-96)
No person, except duly authorized city, village, county, State or Federal law enforcement officers specifically authorized by law to carry firearms, shall possess a firearm while in any public building within the Village as provided in §941.235, Wis. Stats., in any tavern within the Village as provided in §941.237, Wis. Stats., or within any school zone as provided in §948.605, Wis. Stats.
(1)DEFINITIONS. For the purpose of this section, the following definitions apply:
(a)Firearm . See section 9.02(1) of this chapter.
(b)Public Building . (Am. Ord. #4-96) Any building owned by the Village, Washington County, or the Germantown School District.
(c)Public Land . Any land owned by the Village, Washington County, or the Germantown School District.
(d)Public Place . Any privately owned building which is open to the public.
(2)ENFORCEMENT. A police officer finding a person possessing a firearm in violation of this section shall immediately take possession of such firearm and retain it as evidence.
State law references--Weapons generally, Wis. Stats. § 941.20 et seq.; local regulation of firearms, Wis. Stats. § 66.0409.
9.031 FACSIMILE FIREARMS.(Cr. Ord. #7-93)
(1)DEFINITION. A facsimile firearm is any replica, toy, antique, starter pistol or other object which bears a reasonable resemblance to or which reasonably can be perceived as an actual operable firearm.
(2)CARRYING AND DISPLAYING FACSIMILE FIREARMS PROHIBITED. No person, except when on his land or in his own abode or fixed place of business, shall carry and display any facsimile firearm in such a manner as could reasonably be expected to alarm, intimidate, threaten or terrify another person.
(3)PENALTY. Any person who shall violate subsection (2) above shall be subject to a penalty as provided in section 25.04 of this Code.
State law reference--Facsimile firearms, Wis. Stats. § 941.2965.
Hello, I was just looking through my village's ordinances concerning firearms, and am hoping you can help clear them up. 9.03(1)(d)defines a public place as "Any privately owned building which is open to the public." but I don't see "public place" anywhere else in this section.
If that term isn't used, then why is it defined?
Also, What do each of the fields in 9.03(1)(d) represent? I'm guesing 9 is the chapter, section 3, subsection 1 article d? Is this correct?
Thanks,
Geoff
9.02 FIREARMS AND OTHER DANGEROUS WEAPONS REGULATED.(Rep. & Recr. Ord. #16-95)
(1)DEFINITIONS. (Am. Ord. #4-96)
(a)Firearm . A weapon which acts by force of gunpowder.
(b)Other Dangerous Weapon . Includes bow and arrow, crossbow, air gun, BB gun, sling shot, blow gun and other similar weapons.
(2)RESTRICTION ON USE OF FIREARMS AND OTHER DANGEROUS WEAPONS. Firearms and other dangerous weapons shall be discharged within the Village only in compliance with the following standards:
(a)Law enforcement personnel in the performance of their duties.
(b)Persons who have obtained a shooting permit under subsection (3) below or a special permit under subsection (4) below. (Am. Ord. #21-08)
(3)SHOOTING PERMIT.
(a)Required . No person may discharge any firearms or other dangerous weapons in the Village without obtaining a shooting permit or a special permit from the Chief of Police or his designee. (Am. Ord. #21-08)
(b)Permit Application . Applications for shooting permits may be obtained at the Police Station, shall be filed with the Police Chief, and shall include the following:
1.A description of the property where hunting will take place, which property to consist of 5 acres or more.
2.Proof that the applicant is the owner or tenant of said property or written consent of the owner.
3.A valid hunting license.
4.Each applicant shall pay a fee of $5.00 plus the cost of the criminal investigation fee as charged by the State Department of Justice. (Am. Ord. #24-97; Am. Ord. #23-98)
5.Expiration date. All permits shall expire on August 31 of each year.
(c)Restricted Shooting Areas . (Am. Ord. #35-95) Except as provided in subsection (6) below, no permits shall be issued for Sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and Wilderness Park as located in Section 12, all being in Town 9 North, Range 20 East, in the Village.
(d)Shooting Regulations .
1.Firearms shall be limited to shotguns.
2.No firearm or dangerous weapon shall be discharged within 500 feet of any building, street, road or highway.
3.Permits shall be shown to police officers upon demand.
(e)Grant or Denial of Permit; Appeal . The Police Chief or the Chief's designee shall review the application and grant or deny the appeal. Any person aggrieved may appeal to the Public Safety Committee within 10 days.
(f)Revocation of Permit . The Police Chief may revoke any permit issued hereunder at any time for any violation of the provisions of this subsection.
(4)SPECIAL PERMITS. (Am. Ord. #21-08) Special permits for the preservation of crops may be issued by the Police Chief.
(5)LIABILITY NOT ASSUMED. The Village does not assume any liability for damages to persons or property caused by the discharge of firearms or other dangerous weapons.
(6)PENALTY. Any person who shall violate any provision of this section shall be subject to a penalty as provided in section 25.04 of this Code.
State law references--Weapons generally, Wis. Stats. § 941.20 et seq.; local regulation of firearms, Wis. Stats. § 66.0409.
9.03 POSSESSION OF FIREARMS IN PUBLIC BUILDINGS PROHIBITED.(Am. Ord. #4-96)
No person, except duly authorized city, village, county, State or Federal law enforcement officers specifically authorized by law to carry firearms, shall possess a firearm while in any public building within the Village as provided in §941.235, Wis. Stats., in any tavern within the Village as provided in §941.237, Wis. Stats., or within any school zone as provided in §948.605, Wis. Stats.
(1)DEFINITIONS. For the purpose of this section, the following definitions apply:
(a)Firearm . See section 9.02(1) of this chapter.
(b)Public Building . (Am. Ord. #4-96) Any building owned by the Village, Washington County, or the Germantown School District.
(c)Public Land . Any land owned by the Village, Washington County, or the Germantown School District.
(d)Public Place . Any privately owned building which is open to the public.
(2)ENFORCEMENT. A police officer finding a person possessing a firearm in violation of this section shall immediately take possession of such firearm and retain it as evidence.
State law references--Weapons generally, Wis. Stats. § 941.20 et seq.; local regulation of firearms, Wis. Stats. § 66.0409.
9.031 FACSIMILE FIREARMS.(Cr. Ord. #7-93)
(1)DEFINITION. A facsimile firearm is any replica, toy, antique, starter pistol or other object which bears a reasonable resemblance to or which reasonably can be perceived as an actual operable firearm.
(2)CARRYING AND DISPLAYING FACSIMILE FIREARMS PROHIBITED. No person, except when on his land or in his own abode or fixed place of business, shall carry and display any facsimile firearm in such a manner as could reasonably be expected to alarm, intimidate, threaten or terrify another person.
(3)PENALTY. Any person who shall violate subsection (2) above shall be subject to a penalty as provided in section 25.04 of this Code.
State law reference--Facsimile firearms, Wis. Stats. § 941.2965.