[Amended 9-26-2011 by Ord. No. 2011-008]
A. Definitions. The following definitions shall be applicable in this
section:
DANGEROUS WEAPON
Any firearm, whether loaded or unloaded; any device designed
as a weapon capable of producing death or great bodily harm; any ligature
or other instrumentality used on the throat, neck, nose, or mouth
of another person to impede, partially or completely, breathing or
circulation of blood; any electric weapon as defined in § 941.295(1c)(a),
Wis. Stats.; or any other device or instrumentality which, in the
manner it is used or intended to be used, is calculated or likely
to produce death or great bodily harm. (Section 939.22, Wis. Stats.)
ELECTRIC WEAPON
Any device which is designed, redesigned, used or intended
to be used, offensively or defensively, to immobilize or incapacitate
persons by the use of electric current. (Section 941.295(1c)(a), Wis.
Stats.)
FIREARM
A weapon that acts by force of gunpowder.
HANDGUN
True handguns designed to be fired one-handed, and does not
include machine guns, rifles or shotguns. (Section 175.60(1)(bm),
Wis. Stats.)
LAW ENFORCEMENT OFFICER
Any person employed by the State of Wisconsin, or any political
subdivision of this state, for the purpose of detecting and preventing
crime and enforcing laws or ordinances and who is authorized to make
arrests for violations of the laws and/or ordinances he/she is employed
to enforce.
QUALIFIED OUT-OF-STATE LAW ENFORCEMENT OFFICER
For purposes of this section, a law enforcement officer to
whom all of the following apply:
(1)
The person is employed by a state or local government agency
in another state;
(2)
The agency has authorized the officer to carry a firearm;
(3)
The officer is not the subject of any disciplinary action by
the agency that could result in the suspension or loss of the person's
law enforcement authority;
(4)
The person meets all standards established by the agency to
qualify the person on a regular basis to use a firearm; and
(5)
The person is not prohibited under federal law from possessing
a firearm.
B. Firearms and dangerous weapons regulations.
(1) Concealed carry license/permit requirement. Except as provided in Subsection
B(3) below, no person shall carry on his or her person any concealed firearm(s) or other dangerous weapon(s) unless a valid license/permit as designated under § 175.60, Wis. Stats., has been duly issued. The weapons that are eligible to be carried while concealed are: handguns; electric weapons; knives except switch-blades; and billy clubs.
(2) Carrying prohibited in designated municipal buildings. In addition
to the provisions of § 175.60, Wis. Stats., enumerating
places where the open or concealed carrying of a firearm or dangerous
weapon is prohibited, including exceptions thereto, it shall be unlawful
for any person to enter and/or remain in the following municipal buildings
in the Village of Clyman while carrying a dangerous weapon or a firearm:
(b)
Clyman Department of Public Works Building.
(d)
Clyman Municipal Water Utility buildings, pumping stations and
water towers.
(e)
Clyman Municipal Sewer Utility treatment plant and utility buildings.
(f)
Any other duly posted Village of Clyman building or structure.
(3) Law enforcement and military personnel exceptions. Subsection
B(1) and
(2) above do not apply to:
(a)
A sworn law enforcement officer as defined in § 175.60,
Wis. Stats.
(b)
A former law enforcement officer who satisfied all of the following
requirements:
[1]
The former officer has been issued a photographic identification
document or identification or certification card;
[2]
The weapon carried is a firearm that is of the type described
in the identification document; and
[3]
Within the preceding 12 months, the former officer met the standards
of the state in which he/she resides for training and qualification
for active duty law enforcement officers to carry firearms.
(c)
A qualified out-of-state law enforcement officer, but only if
the weapon is a firearm but is not a machine gun or destructive device;
the officer is not carrying a firearm silencer; and the officer is
not under the influence of an intoxicant.
(d)
Armed forces personnel acting in the line of duty.
(4) Signage. Signs meeting the requirements of § 943.13(2)(bm)1,
Wis. Stats., shall be posted in prominent locations near all entrances
of such buildings/places indicated that possession of a firearm in
that building or place is prohibited.
(5) Miscellaneous regulations.
(a)
No person may carry any open or concealed firearm or dangerous
weapon onto school property or within 1,000 feet of a school.
(b)
No person may carry any open or concealed firearm or dangerous
weapon into any courtroom while in session.
(c)
No person may enter or remain in a public building which is
properly signed and while in possession of any open or concealed firearm
or dangerous weapon.
(d)
No person may carry any open or concealed firearm or dangerous
weapon into a private business which is properly signed.
(e)
No person may carry any open or concealed firearm or dangerous
weapon into any community-type event which lasts no longer than three
weeks, has controlled access points which are properly signed, and
for which admission is charged.
(f)
No person may carry any open or concealed firearm or dangerous
weapon into any establishment that serves alcohol for consumption
on the premises and that person partakes in such consumption.
No person shall sell, expose or offer for sale, use, keep, possess, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Village unless he shall be authorized by a fireworks permit as provided in Chapter
205, Fireworks, of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all fireworks, rockets or similar missiles containing explosive fuel.
No individual shall cross a police or fire line that has been
so designated by banner, signs or other similar identification.
No person shall have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fenced in such manner as to prevent injury to any person
and any cover shall be of a design, size and weight that the same
cannot be removed by small children.
All forms of gambling, lotteries and fraudulent devices and
practices are prohibited within the Village, except as provided by
state law. Any police officer may seize anything devised solely for
gambling or found in actual use for gambling within the Village and
dispose thereof after a judicial determination that such device was
used solely for gambling or found in actual use for gambling.