[HISTORY: Adopted by the Village Board of the Village of Hobart 3-16-2010 by Ord. No. 03-2010 (§ 3.3 of the 2000 Code); amended in its entirety 3-20-2018 by Ord. No. 2018-04. Subsequent amendments noted where applicable.]
Zoning — See Ch. 295.
The Village Board finds that the Village, possessing both urban and rural characteristics, contains areas that differ greatly in the degree to which firearm discharge and other weapon use is appropriate from a standpoint of public safety, peace and good order. This chapter is hereby established to protect the public health, safety and welfare by establishing regulations for the discharge and/or use of certain weapons/firearms.
As used in this chapter, the following terms shall have the meanings indicated:
- BODILY HARM
- Any bodily injury, to include, without limitation, a laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a temporary loss of consciousness, sight or hearing; a concussion; or a loss or fracture of a tooth.
- Includes all weapons used for the purpose of propelling bullets, shot or other missiles, whether from cartridge, shell or other container, by force of gunpowder.
- Any device by which a projectile may be launched at a speed that may cause property damage, bodily harm or worse, including, but not limited to, a bow, crossbow, firearm or slingshot.
No person, except a duly authorized police officer or other law enforcement officer in the line of duty, shall discharge any firearm or other regulated weapon in the Village of Hobart unless for the purpose of security, defense, hunting, recreation, or other lawful purpose consistent with the provisions of this chapter.
No child under the age of 18 shall bear any firearm or other weapon in the Village of Hobart, except under the circumstances set forth in the Wisconsin regulations and statutes. Any parent or guardian of a child under the age of 18 who, knowingly or by negligent supervision, permits a violation of this subsection by their child or ward is also in violation of this section, except under the circumstances set forth in the Wisconsin regulations and statutes
Section 167.31, Wis. Stats., and any future amendments thereto, is hereby adopted and incorporated as if fully set forth herein. If there are any conflicts between the definitions set forth in this chapter and § 167.31(1), Wis. Stats., the definitions provided in § 167.31(1), Wis. Stats., shall control with regard to interpreting this subsection; provided, however, that a definition in this chapter that is more restrictive or more encompassing than the definitions in § 167.31(1), Wis. Stats., shall not be considered to be conflicting.
Weapons/firearms overlay districts are hereby established, and areas of the Village subject to such districts shall be shown on a Weapons/Firearms Overlay Map hereby adopted and kept on file with the Village Clerk-Treasurer and Zoning Administrator/Building Inspector. The districts established by this chapter are in addition to any other state or local laws governing hunting and trespassing. All new subdivisions will be reviewed by the Village Board (or designee), and a district zone will be applied.
District One (D1): Discharging firearms or any other lawful weapons shall be allowed.
District Two (D2): Discharge of firearms or any other lawful weapons is prohibited; however, the following firearms or weapons may be discharged: bow and arrow, BB gun, pellet gun, .22 caliber with birdshot, and slingshots.
District Three (D3): No discharge of any firearms or weapon that launches a projectile of any kind shall be allowed.
District Four (D4): The regulations of District 2 apply; however, shotguns using shot loads may also be discharged for the purpose of hunting small game, migratory and upland game birds or waterfowl.
District Five (D5): Brown County Airport property restricted.
Any proposed change to the Weapons/Firearms Overlay Map must be reviewed by the Planning and Zoning Commission, which shall make a recommendation to the Village Board for final action through adopting a resolution amending the map.
The application to amend the Weapons/Firearms Overlay Map shall be filed with the Hobart Village Clerk-Treasurer on a form so prescribed by the Village of Hobart.
Upon receipt in proper form of the application, the Planning and Zoning Commission shall hold a public hearing on the proposed change to the Weapons/Firearms Overlay Map. Due notice of the hearing shall be given to parties of interest, as well as owners of property located within 100 feet of the property in appeal.
The Planning and Zoning Commission's decision on recommending any changes to the Weapons/Firearms Overlay Map shall be based on, but not limited to, the following criteria:
The population density of the area surrounding the parcel.
The type of weapon or weapons being used, as well as the hours of operation for the discharge of such weapon or weapons.
The recommendation of the Hobart Police Chief or his or her designee.
Information and comments received at the public hearing for said application.
While on the land of another, there shall be no hunting at any time within 300 feet of any building devoted to human occupancy without the express permission of the owner or occupant of the building. As used in this section, "building" shall not include any tent, bus, truck, vehicle, camper or other similar portable unit.
There shall be no discharge of any firearm at any time by anyone other than a duly authorized law enforcement officer in the performance of official duty within a radius of 1,000 feet from a school building, playground, park or place of worship.
The Village of Hobart shall post warning signs indicating no discharge of any firearm at any time around the perimeter of the school building, playground, park or place of worship at a radius of 1,000 feet if requested by the owner of the property.
Any person who violates any provision of this chapter is subject to the penalties as outlined in § 1-3 of the Village of Hobart Code, and shall be subject to forfeiture in an amount of no less than $200 and not to exceed $1,000 for each offense.