It is hereby determined to be necessary, in the interest of
public health, safety and welfare, that the discharge of firearms
and bows and arrows be regulated within the Village.
For the purpose of this article, the following terms shall have
the meanings indicated:
An area of the following density: three or more residential
dwellings situated on adjacent parcels of individual size of five
acres or less.
A rifle of any caliber, spring-powered rifle, air- or CO2-powered
rifle or pistol, shotgun of any gauge, pistol or revolver of any caliber.
As defined in Ch. 175, Wis. Stats., or any subsequent amendments
thereto.
Any smooth-bore muzzle-loading firearm or rifled muzzle-loading
firearm designated to be discharged from the shoulder.
Written permission.
Any developed subdivision of land within the Village laid out and established in accordance with Ch. 236, Wis. Stats., and existing ordinances of the Village relating to land divisions.[1] For the purpose of this article a subdivision shall be
deemed developed at the time of commencement of visible improvement
of the property, including but not limited to grading, foundation
work, and construction of roads.
Any subdivision of land within the Village laid out and established in accordance with Ch. 236, Wis. Stats., and existing ordinances of the Village relating to land divisions but in which actual development has not commenced.
[Amended 3-7-2023 by Ord. No. 2023-04]
Any firearm having a grooved barrel and upon discharge projecting
a solid missile or slug.
Includes all instruments and devices used for the purpose
of propelling bullets, shot, arrows or other missiles, either by explosion,
compression, tension, gas, spring or any other means, and shall include,
without limitation for lack of specific enumeration, all forms of
guns, rifles, air rifles and air guns, revolvers, bows and arrows,
slingshots and other similar type of equipment or device capable of
propelling such bullets, shot, arrows or missiles through the air
by reason of discharge therefrom.
A.
No person shall discharge any firearm, bow and arrow, crossbow or
other weapon in any recorded developed subdivision or developed lands
as defined by this article or within 500 feet thereof.
B.
No person shall, while in an area not classified as developed lands
or recorded subdivision, while on lands of another, or without the
express written permission of the owner or occupant of the building,
discharge any firearm, bow and arrow, crossbow or other weapon within:
(1)
Five hundred feet of any building devoted to human occupancy situated
on and attached to the lands of another, if the firearm is loaded
with a slug or single ball.
(2)
Three hundred feet of any building devoted to human occupancy situated
on and attached to lands of another, if the firearm is loaded with
shot.
C.
No person shall discharge any firearm, bow and arrow, crossbow or
other weapon so that the projection of the bullet, shot or arrow is
above or into another's land or public roadway or walkway. This subsection
does not apply to:
(1)
Hunting on lakes, rivers or flowages where projection of shot or
arrow is directly into the air and over navigable waters or adjacent
marshlands. This shall not prevent the use of bow and arrow for the
catching or hunting of carp or other rough fish.
(2)
Starting guns shooting blanks and fired into the air for starting
sporting events, as a prop in a performance, or as a gun salute as
a special function at a parade, funeral or other ceremonial occasion
with permission of the Chief of Police or representative.
D.
No person shall discharge any firearm, bow and arrow, crossbow or
other weapon on any Village-regulated hiking or bicycle trail or within
300 feet of such park or trail.
E.
No person shall go armed with any firearm, bow and arrow, crossbow
or other weapon while under the influence of any alcohol, drug or
intoxicant.
F.
No person shall carry any firearm, bow and arrow, crossbow or other
weapon onto any Village-owned property or into any Village-owned building
or school property or onto any premises of any licensed establishment.
[Amended 12-21-2021 by Ord. No. 12-21-2021; 3-7-2023 by Ord. No. 2023-04]
No person shall discharge or cause the discharge of any rifle or handgun or weapon within the territorial limits of the Village. Whoever violates this section is subject to a penalty as set forth in § 1-2 of the Code.
A.
Unless otherwise indicated, the prohibitions of §§ 260-3 and 260-4 shall not pertain to:
[Amended 12-21-2021 by Ord. No. 12-21-2021]
(1)
Law
officers designated and authorized by the Village, county, state and
federal authority engaged in lawful pursuit of duties, including authorized
training exercises.
(2)
Activities
upon any bona fide target range approved in writing by the Wisconsin
Department of Justice, Training and Standards Bureau.
(3)
The
discharge of a firearm as defined by § 167.31(1)(c), Wis.
Stats., or bow and arrow under a valid permit pursuant to § 29.885,
Wis. Stats., and issued by the Wisconsin Department of Natural Resources
under Administrative Code Chapter NR 12, Wildlife Damage and Nuisance
Control. The discharge of a firearm will be limited to sharpshooters
designated and authorized by the Chief of Police under a firearm discharge
permit for the Village. The Chief of Police is authorized to promulgate
guidelines for the purpose of ensuring public peace and safety. A
copy of any permit or license must be on file at the Village Hall.
The guidelines shall provide for trajectory of bullets, type and caliber
of firearm, and minimum distances from buildings or other designated
zones such as parks, schools, hospitals and other locations. Limitations
on the discharge of a firearm or bow and arrow under this subsection
will be specified on the Village permit authorizing the discharge,
and permits will not be granted for undeveloped land five acres or
less in size.
(4)
A person
acting in self-defense as defined under § 939.48, Wis. Stats.
B.
Goose and duck hunting is permitted on designated lands not less
than 300 feet from any building devoted for human occupancy unless
the owner's permission has been granted to hunt closer to said building.
C.
A person may carry and discharge a bow and arrow or crossbow (if
permitted) for the purpose of hunting deer and turkey within the Village
limits if he possesses a valid permit from the Village of Mishicot,
valid license, stamps and permits issued by the Department of Natural
Resources and written permission from the property owner. All three
items must be on record at the Village Police Department and copies
carried on that person while conducting this activity. Any weapon
used for deer or turkey hunting must comply with § NR 10.09,
Wis. Adm. Code. No more than one hunter for every five acres of land
will be allowed.
[Amended 12-21-2021 by Ord. No. 12-21-2021; 3-7-2023 by Ord. No. 2023-04]
No person shall throw, shoot or propel by hand or other means any missile at any person, vehicle, building, animal or bird, nor at or into any street, sidewalk, alley, highway, playground or other public place within the Village. "Missile," as used in this section, means, without limitation for lack of enumeration, such objects as arrows, stones, snowballs, ice, eggs, apples, tomatoes, pumpkins or other such objects. Whoever violates this section is subject to a penalty as set forth in § 1-2 of the Code.
A.
The Village Police Chief shall be authorized to grant limited permission
for the discharge of firearms within the Village for the control of
nuisance animals.
B.
The control of nuisance animals by means of firearms shall be upon
permit obtained in advance only, and all other discharge of firearms
not in compliance with this article remains prohibited even should
the purpose of said discharge be said control.
C.
Permits for the control of nuisance animals shall be limited to areas
designated by the Chief of Police and/or Village Board.
D.
Permits for the use of firearms for the control of nuisance animals
shall be issued by the Chief of Police upon applications on forms
provided. The Chief of Police is empowered to deny such permit upon
his sole discretion. Said permit shall specify the date(s) and time(s)
discharge is permitted, the specific locations of said potential discharge,
the nuisance animals to be so controlled, the nature of the weapon
to be used, the name of the person(s) authorized to discharge firearms,
any safety precautions required in the discretion of the Chief of
Police and any other limitations or conditions determined by the Chief
of Police as consistent with public safety and the good order of the
Village.
E.
The property owner or property owner's representative of lands where
permits have been given hereunder shall designate the person(s) authorized
to discharge firearms.
F.
The discharge of firearms within the Village pursuant to a permit
given hereunder shall not abrogate the applicability of any state
or federal administrative regulations(s), county ordinance(s) or state
statute(s).
A.
Adult supervision. No person under the age of 16 years shall carry,
go armed with, or discharge any firearm, gun or bow and arrow within
the Village unless in the immediate presence and under the direct
and immediate supervision of a parent or legal guardian.
B.
Parental responsibility. If a person under the age of 16 years violates
this section, his parent or legal guardian may be held responsible
for such violation in the same manner as if such a parent or guardian
had violated the same, and ignorance shall not be a bar to prosecution
of the minor.
C.
Possession. No person shall give, sell, loan or otherwise provide to any person under the age of 16 years any firearm, gun, or bow and arrow so the same may be used in violation of the provisions of § 260-3D. If in possession of such firearm, gun or bow and arrow owned by or given, furnished or loaned to the person under the age of 16 by his parent, legal guardian or other person having custody, such fact shall be deemed prima facie evidence of negligent supervision of the minor, which negligent supervision of the minor shall constitute a violation of this section on the part of such parent, guardian or custodian.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
D.
Exception. A person 16 years or older in possession of a hunting
or fishing license may carry and discharge a firearm or bow and arrow
in the course of such hunting or fishing, in accordance with the provisions
of this section.
[Amended 8-16-2022 by Ord. No. 2022-05]
A.
Definition. In this section, "fireworks" means anything manufactured,
processed, or packaged for exploding, emitting sparks or combustion
which does not have another common use, but does not include any of
the following:
(1)
A cap containing not more than 1/4 grain of explosive mixture, if
the cap is used or possessed or sold for use in a device which prevents
direct bodily contact with a cap when it is in place for explosion.
(2)
A toy snake which contains no mercury.
(3)
A sparkler on a wire or wood stick not exceeding 36 inches in length
that is designed to produce audible or visible effects.
(4)
A device designed to spray out paper confetti or streamers and which
contains less than 1/4 grain of explosive mixture.
(5)
A device that is designed primarily to burn pyrotechnic smoke-producing
mixtures, at a controlled rate, and that produces audible or visible
effects.
(6)
A cylindrical fountain that consists of one or more tubes and that
is classified by the Federal Department of Transportation as a Division
1.4 explosive, as defined in 49 CFR 173.50.
(7)
A cone fountain that is classified by the Federal Department of Transportation
as a Division 1.4 explosive, as defined in 49 CFR 173.50.
(8)
A fuseless device that is designed to produce audible or visible
effects, and that contains less than 1/4 grain of explosive mixture.
B.
Fireworks use regulated. No person will possess or use fireworks in the Village without a user's permit issued pursuant to this section and § 167.10(3), Wis. Stats., except those fireworks listed in Subsection A(1) through (8) above. This subsection does not apply to:
(1)
The city, village or town, but municipal fire and law enforcement
officials shall be notified of the proposed use of fireworks at least
two days in advance.
(2)
The possession or use of explosives in accordance with rules or general
orders of the Department of Safety and Professional Services.
(3)
The disposal of hazardous substances in accordance with rules adopted
by the Department of Natural Resources.
(4)
The possession or use of explosive or combustible materials in any
manufacturing process.
(5)
The possession or use of explosive or combustible materials in connection
with classes conducted by educational institutions.
(6)
A possessor or manufacturer of explosives in possession of a license
or permit under 18 U.S.C. §§ 841 through 848 if the
possession of the fireworks is authorized under the license or permit.
(7)
Except as provided in Subsection B(9) the possession of fireworks in any city, town or village while transporting the fireworks to a city, town or village where the possession of the fireworks is authorized by permit or ordinance.
(8)
The possession of fireworks by a person who is not a resident of
this state, if the person does not use the fireworks in this state.
D.
Fireworks use permit. As provided in § 167.10(3), Wis.
Stats., the Village President or designee may issue a fireworks use
permit.
(1)
The official issuing the permit will require a certificate of liability
insurance, or similar proof of coverage, in an amount deemed necessary.
(2)
A copy of the permit and proof of insurance is filed with the Clerk-Treasurer,
and copies of the permit are given to the Fire Chief and Chief of
Police at least five days before the authorized use.
(3)
The permit may be canceled by the Fire Chief, Police Chief or Village
President if weather or other situations make it an unsafe condition.
E.
Obnoxious odor devices and products. No person may sell, possess,
or use any device, product or item that has as its primary purpose
the production of an obnoxious odor or smell.
F.
Fireworks storage and handlings regulations.
(1)
Fire extinguishers required. No wholesaler, dealer or jobber may
store or handle fireworks on the premises unless the premises is equipped
with fire extinguishers approved by the Fire Chief.
(2)
No person may smoke where fireworks are stored or handled.
(3)
A person who stores or handles fireworks will notify the Fire Chief
and the Police Chief of the location of the fireworks.
(4)
No wholesaler, dealer or jobber may store fireworks within 50 feet
of a residence.
(5)
No person may store fireworks within 500 feet of a public assemblage
or place where gasoline or volatile liquid is sold in quantities exceeding
one gallon.
G.
Parental liability. Pursuant to § 167.10(7), Wis. Stats.,
a parent, foster parent, treatment foster parent, family-operated
group home parent or legal guardian of a minor who consents to the
use of fireworks by the minor is liable for damages caused by the
minor's use of the fireworks. Pursuant to § 167.10(9)(c),
Wis. Stats., any parent or legal guardian of a minor who consents
to the use of fireworks by the minor will, upon conviction, be subject
to a forfeiture of not more than $1,000.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
No person shall leave outside any building or dwelling or at
a place accessible to children any unattended or discarded icebox,
refrigerator, freezer or other container which has an airtight door
which may not be opened from the inside, and such container must be
out of public view.
No person shall obstruct an aisle, fire escape, entrance or
exit of a public building or building used for assemblage of more
than 10 persons.
The provisions of this article shall be enforced as provided
by this article and state law, including but not excluding because
of enumeration Chs. 66, 345, 751, 757 and 800, Wis. Stats., or as
subsequently numbered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In addition to any other penalties, the provisions of § 1-2 of this Code shall apply to violations of this article.
A.
FIREARM
LAW ENFORCEMENT
WEAPON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A weapon that acts by force of gunpowder.
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 or ordinances he or she is employed
to enforce.
A handgun, an electric weapon as defined in § 941.295,
Wis. Stats., or a billy club.
[Amended 12-21-2021 by Ord. No. 12-21-2021]
B.
In addition to the provisions of § 175.60, Wis. Stats.,
enumerating places where the carrying of a weapon or a firearm is
prohibited, including exceptions thereto, it shall be unlawful for
any person other than a law enforcement officer to enter the following
Village municipal buildings while carrying a weapon or a firearm:
C.
Signs meeting the requirements of § 943.13(2)(bm)1, Wis.
Stats., shall be posted in prominent places near all entrances of
such buildings and property regarding such restrictions.
[Added 4-2-2013]
A.
No person shall possess on, in, or about any school buildings, grounds,
or structures, unless first obtaining the express written permission
of a school official, any of the following: knives (pocket or other),
razor blades, needles, blow darts, blow guns, metal stars (also known
as "Chinese stars" or "kung fu stars" or "throwing stars"), any volatile
gas, flammable liquids, cigarette lighters, matches, clubs, chains,
BB guns and/or starter guns.
B.
SCHOOL
SCHOOL OFFICIAL
STRUCTURES
Definitions. For the purposes of this section the following terms
shall have the meanings indicated:
Any public, private, or parochial school in the Village.
Any teacher, principal, administrator, or other employee
of the school who has the legal authority to give permission for a
given act.
Includes fences, trees, lawns, flagpoles, sports buildings,
sports facilities, and any other physical structure appurtenant to
and/or located on the site of any school.
