[HISTORY: Adopted by the Village Board of the Village of
Winneconne as §§ 11-2-1 through 11-2-3 of the 2012
compilation of ordinances, as amended through 5-22-2013. Subsequent amendments noted where applicable.]
A.
Discharge of firearms regulated.
(1)
Except as provided in Subsection A(2) below, except a law enforcement officer in the performance of an official duty, or a person working for a firm designated by the Village Board to harvest wildlife pursuant to a Wisconsin Department of Natural Resources approved Wildlife Management Program, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description in his/her possession or under his/her control within the Village of Winneconne, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the Village Board, or the firing or discharging of BB guns upon private premises by persons over 16 or under the direct personal supervision of a parent or legal guardian.
(2)
The Chief of Police may issue written permits to owners or occupants
of private premises to hunt or shoot on such premises if he/she finds
such privileges necessary for the protection of life or property and
subject to such safeguards as he/she may impose for the safety of
the lives and property of other persons within the Village.
B.
Hunting prohibited. No hunting of any kind shall be allowed within the corporate boundaries of the Village of Winneconne except as permitted herein and in Subsection A above. This provision does not apply to persons authorized by firms hired by the Village to conduct DNR-approved Wildlife Management Programs. Open hunting seasons as defined by the Wisconsin Department of Natural Resources shall not be effective within such municipal boundaries, except that waterfowl hunting is permitted from Village-authorized blinds.
C.
Shooting into Village limits. No person shall in the territory adjacent
to the Village discharge any firearm in such manner that the discharge
shall enter or fall within the Village of Winneconne in a dangerous
manner.
D.
Explosive devices. No person shall discharge or detonate any dynamite,
nitroglycerin or other explosive within the Village without first
obtaining a permit to do so from the Village Board.
E.
Throwing or shooting of arrows, stones, or other missiles prohibited.
(1)
It shall be unlawful for any person to discharge or cause the discharge
of any dangerous missile from any slingshot, bow and arrow or other
means within 600 feet of any inhabited dwelling or building or any
public park, square or enclosure.
(2)
This subsection shall not apply:
(a)
To the shooting or discharging of toy arrows or arrows which
have a tip made of rubber or similar material.
(b)
To a supervised archery range approved by the Village Board.
(c)
Within the interior of a single-family dwelling.
(d)
To private archery practice, provided such targets are placed
in front of a building or an open agricultural field in such a manner
as to prevent stray arrows from crossing or entering adjacent properties,
provided that such person first has been granted permission by the
Chief of Police, in writing, to construct and maintain an approved
archery range if, in the opinion of the Chief of Police, the construction
of such range will in no way endanger the public health and safety.
A.
Concealed weapons prohibited.
(1)
Prohibition. No person shall, within the Village of Winneconne, wear
or in any manner carry under his/her clothes or conceal upon or about
his/her person any deadly or dangerous weapon, starter pistol or toy
designed to closely resemble an actual firearm, provided this subsection
shall not apply to a peace officer or such persons as may be authorized
to carry such weapons.
(2)
Dangerous weapon defined. "Dangerous weapon" means any firearm, whether
loaded or unloaded; any device designed as a weapon and 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.
B.
Weapons in public establishments. No person shall carry or possess
of a dangerous weapon in any public building or business establishment
open to the public except a bona fide weapons repair, display, or
sales establishment, unless such dangerous weapon is so stored and
secured (other than on the person) so as not to be readily accessible
to any person or patron. This subsection shall not apply to peace
officers or others duly authorized by law acting within the scope
of their duties. This subsection shall not apply to persons duly authorized
to carry concealed weapons by law. This subsection shall not be construed
to prohibit the sale, purchase, repair or trade of firearms by a retail
business establishment doing so in the course of its regular business
in accord with state and federal law, nor to hinder a prospective
customer from attempting to buy, sell, or trade firearms to or from
a retailer.
C.
Specific concealed weapons prohibited.
(1)
Any weapon involved in an offense under this subsection above may
be seized and may be forwarded, within 48 hours of seizure, to the
Crime Laboratory, Division of the Wisconsin Department of Justice,
for examination. After examination by the Crime Laboratory, the weapon
shall be returned to the Village of Winneconne Police Department.
If the weapon is owned by a person convicted under this subsection,
it may be confiscated by the Winneconne Police Department. If it is
owned by a person other than the person convicted, the trial judge
may decide whether such weapon shall be returned to its rightful owner
or confiscated by the Winneconne Police Department.
(2)
Possession, sale, and manufacture of certain weapons prohibited.
No person shall sell, manufacture, purchase, possess or carry metallic
knuckles or knuckles of any substance which could be put to the same
use with the same or similar effect as metallic knuckles, a "numchuk"
(also called a "nunchaku") or any similar weapon, a "cestus" or similar
material weighted with metal or other substance and worn on the hand,
a "churkin" (also called a "suriken") or any similar object intended
to injure a person when thrown, a "sucbai" or similar weapon, a "manrikigusari"
or a similar length of chain having weighted ends, or any other martial
arts device or instrumentality which, in the manner it is used or
intended to be used, is calculated or likely to produce injury or
death to another person within the Village of Winneconne.
(3)
CHURKIN
NUMCHUK or NUNCHAKU
SUCBAI
For the purpose of this section, the following definitions shall
apply:
A round throwing knife consisting of several sharp points
protruding from a rounded disc.
An instrument consisting of two or more sticks, clubs, or
rods connected by a rope, cord, wire, or chain.
A short length of wood or metal or similar material which,
when gripped in the hand, protrudes on either side of the fist. Such
prohibited instrument may or may not have spikes or short pointed
protrusions from either end.
(4)
Any such device shall be seized by a law enforcement officer and
destroyed or turned over to the State of Wisconsin Crime Laboratory
for destruction.
D.
Reckless use of weapons.
(1)
Acts prohibited.
(a)
No person shall endanger another's safety by reckless conduct
in the operation or handling of a firearm, air gun, knife or bow and
arrow.
(b)
No person shall operate or go armed with a firearm, air gun,
knife or bow and arrow while he/she is under the influence of an intoxicant.
(c)
No person shall intentionally point a firearm, air gun, knife
or bow and arrow at or toward another person.
(2)
Reckless conduct defined. "Reckless conduct" consists of an act which
creates a situation of unreasonable risk and high probability of death
or great bodily harm to another and which demonstrates a conscious
disregard for the safety of another and a willingness to take chances
of perpetrating an injury.
E.
Carrying a concealed weapon in a prohibited place.
(1)
Sign design standards. Signs shall be seven inches by seven inches
square, with a white or contrasting colored background, bearing the
words "No Weapons Allowed in Building" in capital block letters no
less than 5/8 inches in height in white or contrasting light color,
with the symbol of a black handgun under a red circle with a diagonal
slash, no less than three inches in height, centered upon the sign.
(2)
No person may go armed with a weapon, whether the weapon is concealed
or openly displayed, in any government building or park shelter. On-duty
police officers are exempt from the provisions of this section. Nothing
in this chapter shall prohibit the secure storage of weapons in a
vehicle parked in any Village-owned parking lot.
(3)
No person may go armed in any place that prohibits the carrying of
concealed weapons, as marked by official signs or placards indicating
such prohibition. Signs shall be prominently displayed at all entrances
to any building or business at the direction of the property owner
or manager. Notice will be made, in writing, by the property manager
or owner to the Police Department, permitting enforcement of this
section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
ROADWAY
UNLOADED
VEHICLE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Has the meaning given under § 114.002(3), Wis.
Stats.
Enclosed in a case that is expressly made for the purpose
of containing a firearm and that is completely zipped, snapped, buckled,
tied or otherwise fastened with no part of the firearm exposed.
A weapon that acts by force of gunpowder.
Has the meaning given under § 340.01(22), Wis.
Stats.
Has the meaning given under § 30.50(6), Wis. Stats.
Has the meaning given under § 340.01(54), Wis.
Stats.
Any of the following:
Has the meaning given under § 340.01(74), Wis.
Stats., and includes a snowmobile, as defined under § 340.01(58a),
Wis. Stats.
B.
Prohibitions;
motorboats and vehicles; highways and roadways.
(1)
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(2)
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(3)
Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
C.
Exceptions.
(1)
Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
