[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Editor's Note: This ordinance also repealed former Ch. 308,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.
As used in this chapter, the following terms shall have the
meanings indicated:
Does not include recreational replica firearms known as "airsoft
guns" which shoot nonlethal pellets.
To go armed with, as referenced in § 175.60(1)(ag),
Wis. Stats
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):
Defined as:
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.
Dangerous weapon, by definition, specifically includes, but
is not limited to, the following items which are to be deemed "dangerous
weapons" per se:
Firearm;
Knife having a blade three inches in length or longer;
Bow and/or crossbow;
Air gun;
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.
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.
As specified in § 175.49(1)(f) and (g), Wis. Stats.
A person who is allowed to lawfully carry a concealed weapon
under the provisions of § 175.60, Wis. Stats.
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.
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.
[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;
(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.
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.
(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:
