ORDINANCE NO. 2013-05 An Ordinance Pertaining to the Regulation of Firearms, Weapons, and Explosives, Throwing or Shooting of Arrows, Stones and other Missiles and Facsimile Firearms
The Common Council of the City of Cedarburg, Wisconsin, hereby ordains as follows:
SECTION 1. Section 11-2-1 of the Municipal Code of the City of Cedarburg is hereby
SEC. 11-2-1 REGULATION OF FIREARMS, WEAPONS AND EXPLOSIVES. (a) Adoption of State Law Regarding Carrying of Weapons: W.S.A. §939.22(10), §943.13 (1m)(c) and §941.23 regarding weapons, exclusive of the penalty, is hereby adopted and made an offense punishable as a violation of this Code. Nothing in this section shall prohibit any discharge, carry or use of weapons for firearms permitted under State Statute.
(a)(b) Discharge of Firearms and Dangerous Weapons and Possession of Firearms Regulated. No person, except a police officer, sheriff, deputy, or other law enforcement officer in the performance of an official duty, shall fire or discharge any dangerous weapon, firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description, or bow and arrow, within the City. or have any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow, in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to State law.
(b)(c) Shooting Into City Limits. No person shall in the territory adjacent to the City discharge
any firearm or dangerous weapon in such manner that the discharge shall enter or fall within the City.
This section shall not prevent the maintenance and use of duly
supervised rifle or pistol ranges or shooting galleries approved by the Common Council, after an advisory recommendation from the Chief of Police, where proper safety precautions are taken.
(d)(e) Explosive Devices. No person shall discharge or detonate any dynamite, nitroglycerin or
other explosive within the City without first obtaining a permit to do so from the Chief of Police, except for blasting permits under Section 7107(c).
(e)(f) Hunting Prohibited.
Hunting is prohibited within the corporate limits of the City of
Definitions. For purposes of this Section, a firearm is defined as any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gun powder.
SECTION 2. Sections 11-2-3 and 11-2-4 of the Municipal Code of the City of Cedarburg
is hereby amended as follows: SEC. 11-2-3 SAFE USE AND TRANSPORTATION OF FIREARMS AND BOWS. (a) Definitions. In this Section:
Aircraft has the meaning given under Sec. 114.002(3), Wis. Stats.
Encased means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
Firearm means a weapon that acts by force of gunpowder.
Highway has the meaning given under Sec. 340.01(22), Wis. Stats.
Motorboat has the meaning given under Sec. 30.50(6), Wis. Stats.
Roadway has the meaning given under Sec. 340.01(54), Wis. Stats.
Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.
In the case of a cap lock muzzleloading firearm, having the cap removed.
In the case of a flint lock muzzleloading firearm, having the flashpan cleaned of powder.
Vehicle has the meaning given under Sec. 340.01(74), Wis. Stats., and includes a snowmobile, as defined under Sec. 340.01(58a), Wis. Stats.
Prohibitions; Motorboats and Vehicles; Highways and Roadways. (1)
Except as provided in Subsection (c), no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
Except as provided in Subsection (c), no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
Except as provided in Subsection (c), no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
Except as provided in Subsection (c), no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within fifty (50) feet from the center of a road.
A person who violates Subsections (1) through (4) above is subject to a forfeiture of not more than One Hundred Dollars ($100.00).
Subsection (b) does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within fifty (50) feet of the center of a roadway: a.
A peace officer, as defined under Sec. 939.22(22), Wis. Stats.
Subsections (b)(1), (2) and (3) do not apply to the holder of a scientific collector permit under Sec. 29.17, Wis. Stats., who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.
Subsections (b)(2) and (3) do not apply to the holder of a permit under Sec. 29.09, Wis. Stats., who is hunting from a standing automobile in accordance with that Subsection.
SEC. 11-2-4 3 THROWING OR SHOOTING OF ARROWS, STONES AND OTHER MISSILES PROHIBITED.
It shall be unlawful for any person to discharge or throw by any means any dangerous missile, object, arrow, stone, snowball or other missile within the City of Cedarburg, provided, however, upon written application to the Chief of Police, a person may be granted permission by the Common Council, upon the advisory recommendation of the Chief of Police, to construct and maintain supervised non-commercial archery ranges if, in the opinion of the Common Council, the construction or maintenance of such ranges will not endanger the public health and safety. SEC. 11-2-4 FACSIMILE FIREARMS PROHIBITED (a)
Facsimile Firearms. Means any replica, toy, starter pistol or other object that bears a reasonable resemblance to or that reasonably can be perceived to be an actual firearm. “Facsimile firearm” does not include any actual firearm.
Carrying and Displaying Facsimile Firearm Prohibited: No person, unless on his or her own land or acting with the consent of the owner of the land shall carry and/or display any facsimile firearm in such a manner as could reasonably be expected to alarm, intimidate, threaten or terrify another person.
SECTION 3. This ordinance shall take effect upon its passage and publication as
Passed and adopted this 11th day of February 2013.
Countersigned: ______________________________ Constance K. McHugh, City Clerk Approved as to form: _________________________________ Kaye K. Vance, City Attorney
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