City of Burlington, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 10-18-2011 by Ord. No. 1934(11).[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 238.
[1]
Editor's Note: This ordinance also repealed former Ch. 308, Weapons, adopted 1-5-1988 by Ord. No. 1203(25) as §§ 9.01, 9.02 and 9.40 of the 1988 Code, as amended.

§ 308-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
AIR GUN
Does not include recreational replica firearms known as "airsoft guns" which shoot nonlethal pellets.
CARRY
To go armed with, as referenced in § 175.60(1)(ag), Wis. Stats
CONCEALED WEAPON
As referenced in § 175.60(1)(j), Wis. Stats., shall be the following items that are carried by a person in a concealed manner (as opposed to being carried openly or in public view):
A. 
Handgun, as defined in § 175.60(1)(bm), Wis. Stat;
B. 
Electric weapon, as defined in § 941.295(1c)(a), Wis. Stat.;
C. 
Knife, other than a switchblade knife prohibited under § 941.24, Wis. Stats;
D. 
Billy club, as referenced in § 175.60(1)(j), Wis. Stats.
DANGEROUS WEAPON
Defined as:
A. 
Any device, object, or instrument which is designed as a weapon and capable of producing death or great bodily harm, and/or whether or not designed as a weapon, is capable of use in a manner that may produce death or great bodily harm.
B. 
Dangerous weapon, by definition, specifically includes, but is not limited to, the following items which are to be deemed "dangerous weapons" per se:
(1) 
Firearm;
(2) 
Knife having a blade three inches in length or longer;
(3) 
Bow and/or crossbow;
(4) 
Air gun;
(5) 
Switchblade knife, or any knife which has a blade (of any length) that may be drawn without the necessity of contact with the blade itself or is automatically opened by pressure on the handle or some other part of the knife.
FIREARM
A handgun, rifle, shotgun, cannon, or any other device which acts by force of gunpowder or explosive to expel a projectile through a smooth or rifled bore. "Firearm" shall not include air guns, nor any device that was not designed or redesigned to use as a weapon, or any signaling, pyrotechnic, line throwing, safety, or fastening devices.
LAW ENFORCEMENT OFFICER
As specified in § 175.49(1)(f) and (g), Wis. Stats.
LICENSEE
A person who is allowed to lawfully carry a concealed weapon under the provisions of § 175.60, Wis. Stats.

§ 308-2 Concealed carrying of dangerous weapons.

A. 
Except as otherwise provided for in this chapter and/or the laws of Wisconsin, it shall be illegal for any person to carry concealed any dangerous weapon.
B. 
The prohibition described in above Subsection A of this section shall not apply to the following:
(1) 
Any law enforcement officer;
(2) 
Any licensee carrying a concealed weapon (as allowed under § 175.60 of the Wis. Stats.);
(3) 
Pursuant to § 66.0409(6), Wis. Stats., any person loading, carrying, or going armed with a firearm (whether or not the firearm is loaded or is concealed or openly carried), unless other facts and circumstances indicate a criminal or malicious intent on the part of the said person;
(4) 
Any other person allowed to carry concealed a dangerous weapon in question under the laws of the State of Wisconsin and/or the United States of America.

§ 308-3 Discharge of a firearm or air gun.

A. 
Except as provided below, no person shall discharge or fire any firearm or air gun within the limits of the City of Burlington.
B. 
The prohibition described in above Subsection A of this section shall not apply to the following:
(1) 
Any person(s) authorized in writing by the Chief of Police to discharge or fire a firearm or air gun for a specified purpose and period of time;
(2) 
Pursuant to the provisions of § 66.0409(3)(b), Wis. Stats., under circumstances where "...the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in § 939.45 [Wis. Stats.]";
(3) 
Any law enforcement officer and/or any other person duly authorized by an appropriate governmental body to discharge or fire a firearm or air gun in the performance of his/her official duties.
C. 
The City of Burlington Airport Committee, with the approval of the Chief of Police, may issue permits for goose hunting to individuals who hold proper Wisconsin licenses for goose hunting, during goose season, for the purpose of controlling the goose population on airport property. Hunting on airport property during goose season shall be allowed by a permit issued by the Airport Committee, and such hunting shall be done under guidelines established by the Airport Committee.

§ 308-4 Throwing or shooting of arrows, stones, and other objects.

[Amended 9-16-2014 by Ord. No. 1989(8)]
A. 
No person shall throw or shoot any object, arrow, stone, or other missile or projectile, by hand or by any other means, at any person or on, in, or into any building, street, sidewalk, alley, highway, park, school ground, playground, lake, river, waterway, or any other place of public assembly in the City of Burlington.
B. 
The prohibition described in above Subsection A of this section shall not apply to the following:
(1) 
Archery activities sponsored, supervised, and sanctioned by a school and conducted on property owned by the school;
(2) 
Any person(s) specified in above § 308-3B of this chapter.
(3) 
Any person(s) authorized in writing by the Chief of Police to perform the activity(ies) in question.
(4) 
The use of recreational replica firearms known as "airsoft guns" which shoot nonlethal pellets.
C. 
No person shall shoot any arrow (with a bow) or any bolt (with a crossbow) within the City of Burlington other than for the purpose of hunting and only under the following conditions:
(1) 
The person hunting with a bow and arrow or crossbow is not within 100 yards of a building used for human occupancy unless the person who owns the land on which the building is located allows the hunter to hunt; and
(2) 
The hunter must discharge the arrow or bolt from the respective weapon toward the ground.
(3) 
This prohibition shall not apply, however, to the use of a toy bow with a toy arrow.

§ 308-5 Firearms and dangerous weapons prohibited in municipal buildings.

A. 
Pursuant to the provisions of § 943.13(1m)(c)(4), of the Wis. Stats., no person carrying a firearm may enter and/or remain in any part of a building that is owned and/or occupied and/or controlled by the City of Burlington. This prohibition against carrying a firearm in a municipal building applies to both open carry and concealed carry firearms.
B. 
With respect to dangerous weapons (other than the firearms that are prohibited under above Subsection A), and pursuant to the police powers of the City of Burlington, no person carrying a dangerous weapon may enter and/or remain in any part of a building that is owned and/or occupied and/or controlled by the City of Burlington. This prohibition against carrying a dangerous weapon in a municipal building applies to both open carry and concealed carry of a dangerous weapon.
C. 
The prohibitions described in above Subsections A and B of this section shall not apply to:
(1) 
Law enforcement officers;
(2) 
Any person(s) authorized in writing by the Mayor and/or Common Council to possess and/or carry a firearm and/or dangerous weapon in a municipal building that is subject to this chapter;
(3) 
Tools, equipment, kitchenware, and other instruments, implements, and devices approved by the City Administrator and used by City employees in the normal course of their work for the City.
D. 
Pursuant to the provisions of § 943.13(2), Wis. Stats., the City of Burlington shall post a sign that is located in a prominent place near all of the entrances to the municipal buildings subject to this chapter, in a manner that any individual entering the municipal building(s) can be reasonably expected to see the sign. Each such sign shall:
(1) 
Have dimensions of at least five inches by seven inches; and
(2) 
State that "No person may enter or remain in this building while carrying, whether openly or concealed, a firearm or dangerous weapon. Section 943.13, Wis. Stats., and Ch. 308, Burlington Code of Ordinances."

§ 308-6 Violations and penalties.

Any person who shall violate any provision of this Chapter 308 shall be subject to a penalty as provided in Chapter 1, § 1-4 of this Municipal Code.