City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 9.01, 9.20 and 9.35 of the Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Shooting galleries and archery ranges — See Ch. 152, § 152-8.
Peace and good order — See Ch. 188.

§ 121-1 Discharge of firearms and other weapons restricted.

[Amended 6-19-2001 by Ord. No. 2142; 10-28-2008 by Ord. No. 2394; 11-18-2008 by Ord. No. 2398; 1-14-2014 by Ord. No. 2516]
No person shall fire or discharge any firearm, air rifle, spring gun or air gun of any description or fire or discharge any instrument, slingshot or other weapon capable of discharging a missile within 100 feet of the City of New Berlin, except this section shall not apply to the following:
A. 
Any authorized officer of the law in the performance of his duties or any citizen lawfully defending life or property.
B. 
At a pistol, revolver or rifle shooting range, shotgun trap or skeet shooting field, archery range or shooting galleries licensed by the Council under § 152-8 of this Code.
C. 
Gun salutes as a special function at a parade, program or funeral.
D. 
The discharge of blank cartridges in a firearm suitable for their safe use when utilized as a starting signal device at athletic events or as a prop in any stage performance.
E. 
The use of a bow and arrow, crossbow or shotgun for the purpose of destroying wild animals or birds causing damage to growing agricultural crops, providing the shells discharged from a shotgun are for shots of a size not larger than No. 7 1/2, and provided further that a permit has been issued to the person using such shotgun as provided in §§ NR 12.15 and 12.16, Wis. Adm. Code, and further following issuance of a permit by the Chief of Police or his designee. The permit issued under this section shall be an annual permit beginning on the first of each year and ending on the last day of each year.
F. 
The use of a bow and arrow or crossbow for hunting wild animals and birds under licenses issued pursuant to Chapter 29, Wis. Stats.
(1) 
Anyone engaged in the use of a bow and arrow or crossbow for hunting wild animals and birds under this section shall comply with all state statutes and rules promulgated by the Department of Natural Resources pertaining to game, including but not limited to the following:
(a) 
State designated hunting seasons, times, and zones;
(b) 
State limits on the number and type of game obtained per season;
(c) 
Safety measures;
(d) 
Acquisition of necessary permits and licenses;
(e) 
Penalties and fines for violations and noncompliance.
(2) 
To preserve the general health, safety and welfare of the citizens of New Berlin, the use of a bow and arrow or crossbow for the purposes of hunting under this section shall not be permitted in City parks or parkways, on school property or on City or federal property.
(a) 
Anyone engaged in hunting in the City of New Berlin must receive prior permission from the landowner.
(b) 
Persons hunting with a bow and arrow or crossbow must discharge the arrow or bow from the respective weapon into the ground.
(c) 
Hunting with a bow and arrow or crossbow is prohibited within 100 yards of a building. This restriction shall not apply if the person who owns the land on which the building is located allows the hunter to hunt within the specified distance of the building. For purposes of this section, "building" means a permanent structure used for human occupancy and includes a manufactured home as defined in § 101.91(2), Wis. Stats. Violation of any provision of this section shall subject violators to the penalties set forth in the general penalty section of this Code.[1]
[1]
Editor’s Note: See § 1-18.
(3) 
Residents and nonresidents hunting under archer hunting licenses, §§ 29.171 and 29.216, Wis. Stats., must use arrows marked with the hunter's designated permit number.
(4) 
To preserve the general health, safety and welfare of the citizens of New Berlin, the use of a bow and arrow or crossbow for the purposes of hunting under this section shall be restricted to the following area unless another is designated by the New Berlin Department of Park and Recreation: All of the property south and west of the following border, within the City limits: From the corner of Greenfield Avenue and Calhoun Road, South along Calhoun Road to National Avenue, East on National Avenue to Moorland Road, South on Moorland Road to Beloit Road, East on Beloit Road to Sunny Slope, and South on Sunny Slope to Grange Avenue, East on Grange Avenue to the City limits, excluding park property, school property and City or federal property.

§ 121-2 Carrying concealed and dangerous weapons.

A. 
Definition. "Dangerous weapon" as used in this section shall include, but not be limited to, firearms, knives with blades in excess of three inches, brass knuckles, nun-chuks, billy clubs, saps, homemade devices that can be used as offensive weapons, and other items ostensibly carried for use as weapons of offense or defense.
B. 
No person except a peace officer shall be armed with a concealed and dangerous weapon as defined in this section.

§ 121-3 Violations and penalties.

Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code.

§ 121-4 Possession of firearms prohibited.

[Added 10-13-2009 by Ord. No. 2414]
Except as expressly permitted under the Wisconsin Statutes, no person except the Sheriff, constable, police officer or their deputies shall have any firearm, rifle, spray or air gun in his or her possession or under his or her control, in or on a vehicle, in or on a motorboat, in any building owned or leased by any political subdivision within the City, school grounds or tavern except as expressly permitted under the Wisconsin Statutes. The definitions for the terms used hereunder shall be consistent with those found in the Wisconsin Statutes.