[Amended 10-12-2010; 10-18-2021]
A. Definition. For the purposes of this section, "firearm" is defined
as any instrumentality from or with which a shot, bullet or pellet
may be discharged or expelled, regardless of whether the propelling
force is provided by air, spring or other similar mechanical device
or gunpowder.
B. Discharge prohibited. No person shall discharge a firearm within
the corporate limits of the Village of Stratford or discharge a firearm
in adjacent territory to the Village in a manner that the discharge
shall enter or fall within the Village.
(1) Exceptions.
A firearm may be discharged under the following exceptions:
(a) By peace officers of the United States, Wisconsin, or any subdivision
thereof while in the discharge of the proper exercise of their duties
and within their proper jurisdictions.
(b) In the confines of a shooting gallery or sportsmen club licensed
and approved by the Village Board, after an advisory recommendation
from the Chief of Police regarding safety.
(c) For the purpose of the elimination of animals, as authorized by the
Department of Natural Resources and the Chief of Police.
(d) Pursuant to action validly taken in self-defense.
(e) To persons hunting pursuant to Village Code §
396-3.
(f) Pursuant of circumstances approved by the Village Board, after an
advisory recommendation from the Chief of Police regarding safety.
C. Explosive devices prohibited. No person shall discharge or detonate
any explosive device, including, but not limited to, explosive fireworks,
pipe bombs, dynamite or stun grenades, within the corporate limits
of the Village of Stratford without first obtaining a permit to do
so from the Chief of Police.
[Amended 1-11-2011; 10-18-2021]
A. Definitions. In this section, the following terms shall have the
meanings indicated:
AIRCRAFT
Has the meaning given under § 175.60(1)(g), Wis.
Stats.
ENCASED
Enclosed in a case expressly created for the purpose of containing
a firearm that is completely zipped, snapped, buckled, tied or otherwise
fastened with no part of the firearm exposed.
FIREARM
Any instrumentality from or with which a shot, bullet or
pellet may be discharged or expelled, regardless of whether the propelling
force is provided by air, spring or other similar mechanical device
or gunpowder.
HIGHWAY
Has the meaning given under § 340.01(22), Wis.
Stats.
MOTORBOAT
Has the meaning given under § 30.50(6), Wis. Stats.
ROADWAY
Has the meaning given under § 340.01(54), Wis.
Stats.
UNLOADED
Any of the following:
(1)
Having no shell or cartridge in the chamber of a firearm or
in the magazine attached to a firearm.
(2)
In the case of a cap lock muzzle-loading firearm, having the
cap removed.
(3)
In the case of a flintlock muzzle-loading firearm, having the
flash pan cleaned of powder.
VEHICLE
Has the meaning given under § 340.01(74), Wis.
Stats., including a snowmobile as defined under § 340.01(58a),
Wis. Stats.
B. Prohibitions in vehicles and motorboats.
(1) No person shall place, possess or transport a firearm, bow or crossbow
in or on a vehicle unless one of the following applies:
(a)
The firearm is unloaded or is a handgun.
(b)
The bow does not have the arrow nocked.
(c)
The crossbow is not cocked or is unloaded.
(d)
The vehicle is stationary.
(2) No person shall place, possess or transport a firearm, bow or crossbow
in or on a motorboat with its motor running unless one of the following
applies:
(a)
The firearm is unloaded or is a handgun.
(b)
The bow does not have the arrow nocked.
(c)
The crossbow is not cocked or is unloaded.
(3) No person shall load a firearm, other than a handgun, in any vehicle
or motorboat or discharge a firearm or shoot a bolt or an arrow from
a bow or crossbow in or from a vehicle or motorboat.
(4) This section does not prohibit a person from leaning an unloaded
firearm against a vehicle.
(5) No person shall discharge a firearm or shoot a bolt or an arrow from
a bow or crossbow from or across a highway or within 50 feet of the
center of a roadway.
(6) Any person found in violation of Subsection
B(1) through
(5) is subject to a forfeiture of not more than $100.
C. Prohibitions in aircraft.
(1) No person may:
(a)
In or on a commercial aircraft, place, possess or transport
a firearm, bow or crossbow, unless the firearm is unloaded and encased
or unless the bow or crossbow is unstrung or is enclosed in a carrying
case.
(b)
No person shall load or discharge a firearm or shoot a bolt
or an arrow from a bow or crossbow in or from an aircraft.
(2) No person shall load or discharge a firearm or shoot a bolt or an
arrow from a bow or crossbow in or from an aircraft.
(3) Any person found in violation of Subsection
C(1) or
(2) is subject to a forfeiture of not more than $1,000.
D. Prohibitions in transmission facilities.
(1) No person shall intentionally discharge a firearm in the direction
of a transmission facility.
(2) Any person found in violation of Subsection
D(1) and creates damage to the transmission facility is subject to a forfeiture of not more than $100.
(3) Nothing in this section shall inhibit the court's rights and
duties under § 167.31(3m)(c) and (d), Wis. Stats.
E. Exceptions.
(1) Subsections
B through
D do not apply to:
(a)
A member of the U.S. Armed Forces.
(b)
A member of the National Guard.
(c)
A peace officer in the line of duty or for appropriate conduct
to discharge their duties pursuant to § 167.31(4)(am), Wis.
Stats.
(d)
A holder of a scientific research license under § 169.25,
Wis. Stats., or a scientific collector permit under § 29.614,
Wis. Stats., who is using a net gun or tranquilizer gun in an activity
related to the purpose of the license of permit issued.
(e)
A private security person meeting the requirements under § 167.31(4)(a)4,
Wis. Stats.
(f)
Any private person, when the circumstances allow and the action
does not endanger neutral third parties, in a proper action of self-defense
or other justified necessity.
(2) Subsection
B shall not apply to any state or federal agent properly authorized by the Department of Natural Resources to take animals pursuant to § 167.31(4)(bg)1, Wis. Stats.
(3) This chapter shall not be construed to inhibit the exceptions provided
in § 167.31(4)(bn) through (j), Wis. Stats., regarding hunting,
so long as the hunting is done under the restrictions provided in
this Code.
F. Nothing in this chapter is designed to inhibit, challenge or disallow
the Department of Natural Resources from creating policies and rules
affecting certain kinds of firearm, bow and crossbow use. Nothing
in this chapter shall neither inhibit, challenge or disallow the Department
of Natural Resources from discharging its duties using its proper
statutory authorities.
G. Nothing in this section shall inhibit the court's rights and
duties under § 167.31(5) Wis. Stats., to impose a weapons
surcharge.
H. Safe use. Any exception or exemption contained within §§
396-2,
396-4, and
396-5 shall not be construed to give a defense regarding a negligent use of a weapon.
It shall be unlawful for any person to discharge or throw by
any means any dangerous missile, object, arrow, stone, snowball or
other missile within the Village of Stratford; provided, however,
that upon written application to the Chief of Police and Village Board
a person may be granted permission by the Village Board to construct
and maintain supervised archery ranges if, in the opinion of the Village
Board, the construction or maintenance of such ranges will not endanger
the public health and safety.
Whoever commits any of the following acts shall be subject to the general penalty as provided in §
1-5 of this Code:
A. Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent.
B. Makes a telephone call, whether or not conversation ensues, with
the intent to abuse, threaten or harass any person at the called number
or numbers.
C. Makes or causes the telephone of another repeatedly or continuously
to ring, with intent to harass any person at the called number or
numbers.
D. Makes repeated telephone calls, during which conversation ensues,
solely to harass any person at the called number or numbers.
E. Knowingly permits any telephone under his control to be used for
any purpose prohibited by this section.
F. In conspiracy or concerted action with other persons, makes repeated
calls or simultaneous calls solely to harass any person at the called
number or numbers.
No person shall sell, expose or offer for sale, use, keep, 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
294 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 rockets or similar missiles containing explosive fuel.
No person shall loiter or prowl in a place, at a time or in
a manner not usual for law-abiding individuals under circumstances
that warrant alarm for the safety of persons or property in the vicinity.
Among the circumstances which may be considered in determining whether
such alarm is warranted is the fact that the person takes flight upon
appearance of a police or peace officer, refuses to identify himself
or manifestly endeavors to conceal himself or any object. Unless flight
by the person or other circumstances make it impracticable, a police
or peace officer shall, prior to any arrest for an offense under this
section, afford the person an opportunity to dispel any alarm which
would otherwise be warranted by requesting him to identify himself
and explain his presence and conduct. No person shall be convicted
of an offense under this section if the police or peace officer did
not comply with the preceding sentence or if it appears at trial that
the explanation given by the person was true and, if believed by the
police or peace officer at the time, would have dispelled the alarm.
It shall be unlawful for any person to fail to obey the direction
or order of a police officer while such police officer is acting in
an official capacity in carrying out his or her duties.