[Amended 6-19-2001 by Ord. No. 2142; 10-28-2008 by Ord. No.
2394; 11-18-2008 by Ord. No. 2398; 1-14-2014 by Ord. No. 2516]
No person shall fire or discharge any firearm,
air rifle, spring gun or air gun of any description or fire or discharge
any instrument, slingshot or other weapon capable of discharging a
missile within 100 feet of the City of New Berlin, except this section
shall not apply to the following:
A. Any authorized officer of the law in the performance
of his duties or any citizen lawfully defending life or property.
B. At a pistol, revolver or rifle shooting range, shotgun trap or skeet shooting field, archery range or shooting galleries licensed by the Council under §
152-8 of this Code.
C. Gun salutes as a special function at a parade, program
or funeral.
D. The discharge of blank cartridges in a firearm suitable
for their safe use when utilized as a starting signal device at athletic
events or as a prop in any stage performance.
E. The use of a bow and arrow, crossbow or shotgun for
the purpose of destroying wild animals or birds causing damage to
growing agricultural crops, providing the shells discharged from a
shotgun are for shots of a size not larger than No. 7 1/2, and provided
further that a permit has been issued to the person using such shotgun
as provided in §§ NR 12.15 and 12.16, Wis. Adm. Code, and
further following issuance of a permit by the Chief of Police or his
designee. The permit issued under this section shall be an annual
permit beginning on the first of each year and ending on the last
day of each year.
F. The use of a bow and arrow or crossbow for hunting
wild animals and birds under licenses issued pursuant to Chapter 29,
Wis. Stats.
(1) Anyone engaged in the use of a bow and arrow or crossbow
for hunting wild animals and birds under this section shall comply
with all state statutes and rules promulgated by the Department of
Natural Resources pertaining to game, including but not limited to
the following:
(a)
State designated hunting seasons, times, and
zones;
(b)
State limits on the number and type of game
obtained per season;
(d)
Acquisition of necessary permits and licenses;
(e)
Penalties and fines for violations and noncompliance.
(2) To preserve the general health, safety and welfare
of the citizens of New Berlin, the use of a bow and arrow or crossbow
for the purposes of hunting under this section shall not be permitted
in City parks or parkways, on school property or on City or federal
property.
(a) Anyone
engaged in hunting in the City of New Berlin must receive prior permission
from the landowner.
(b) Persons
hunting with a bow and arrow or crossbow must discharge the arrow
or bow from the respective weapon into the ground.
(c) Hunting
with a bow and arrow or crossbow is prohibited within 100 yards of
a building. This restriction shall not apply if the person who owns
the land on which the building is located allows the hunter to hunt
within the specified distance of the building. For purposes of this
section, "building" means a permanent structure used for human occupancy
and includes a manufactured home as defined in § 101.91(2), Wis.
Stats. Violation of any provision of this section shall subject violators
to the penalties set forth in the general penalty section of this
Code.
(3) Residents and nonresidents hunting under archer hunting
licenses, §§ 29.171 and 29.216, Wis. Stats., must use
arrows marked with the hunter's designated permit number.
Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter
1, General Provisions, §
1-18 of this Code.