City of Franklin, WI Weapons; Hunting and Trapping

No person shall fire or discharge any rifle, revolver, pistol, cannon, gun or firearm of any description within the City, except as otherwise provided herein.

Notwithstanding anything to the contrary set forth within this section or within this Municipal Code, shotgun hunting and bow hunting is permitted upon lands within the Big Muskego Lake Wildlife Area which are owned and managed by the Wisconsin Department of Natural Resources and which were acquired by the Department under the Knowles-Nelson Stewardship Program, and which lands are west of South 116th Street and more particularly described under Section 3 of Ordinance No. 2010-2016.[1] The regulations pertaining to such shotgun hunting and bow hunting upon such lands shall be those as are set forth in the Wisconsin Statutes and the Wisconsin Administrative Code, as amended from time to time, respectively.

[Added 8-17-2010 by Ord. No. 2010-2016]

[1]

Editor’s Note: Section 3 of Ord. No. 2010-2016 refers to annexed Exhibit A, which more particularly describes the lands to which § 183-75A(2) pertains; a complete copy of the ordinance and exhibit are on file in the City offices.

Use of shotguns.

The owner of any land within the City, together with any person invited by such owner, may on a date designated by the Council for the purpose of hunting foxes participate in an organized fox hunt and may fire any shotgun without magnum loads or slugs on the land belonging to such owner, provided that the land is not within the limits of a recorded plat, and no such shooting shall take place within 1,000 feet of any building, public street, road or highway. If the owner of any land should open his or her land for a fox hunt, such owner shall first notify the Police Department that he or she is opening his or her land for the fox hunt and shall give the location thereof.

The owner of any land 40 acres or more, who raises crops as his or her substantial livelihood, such as corn, grain, soy beans and produce, may use and discharge a shotgun to destroy birds and animals that destroy or damage his or her crops, provided that he or she obtains a permit from the Chief of Police to do so and agrees to all terms and conditions on such permit. A copy of such permit is on file in the office of the City Clerk and shall remain in effect until revised by a resolution of the Council.

§ 183-76 Arrows and other projectiles.

[Amended 12-5-2000 by Ord. No. 2000-1625]

Prohibited. No person shall throw, shoot or discharge any bullet, pellet, B-B, marble, stone or other missile or projectile by hand or by any other means, for hunting purposes, at, in or into any building or within 500 feet from any building or upon or within 500 feet from any boundary of real property upon which there exists a street, sidewalk, alley, highway, park or playground, or any real property used by or owned by the public or within 1,700 feet of any hospital, sanatorium or the grounds of any school. The terms "hunt" or "hunting" as used in this section shall have the meanings as set forth under § 29.001(42), Wis. Stats., as amended from time to time. No person may shoot a bow and arrow for hunting or target shooting purposes, except as allowed by Subsection B below. An owner of lands together with the invitees of such owner may shoot a bow and arrow upon the lands belonging to such owner for the purpose of pest control without regard to any distance prohibition under this section being applied to any building on the owner's lands, provided that the owner's and any invitees' permit(s) issued under Subsection C include a statement of the type of animal to be destroyed and the specific injury or damage to persons or property to be stopped or prevented by such authorization, which may be approved and shall be signed by the Chief of Police or designee upon that officer's determination that the owner has shown satisfactory proof that such authorization is necessary to prevent such injury or damage and which authorization shall be only for the type of animal specified on the permit(s).

[Amended 9-23-2014 by Ord. No. 2014-2147]

Bow and arrow hunting and target shooting. The owner of any lands within the City, together with the invitees of such owner, may shoot a bow and arrow upon the lands belonging to such owner for the purposes of hunting or target shooting, subject to compliance with Subsections C through H below, except as set forth under Subsection B(1) and (2) below.

[Amended 9-23-2014 by Ord. No. 2014-2147]

The distance restrictions under Subsection A above shall apply to target shooting.

A person may hunt with a bow and arrow or crossbow, except that such hunting activity is prohibited:

(a)

In any area within 100 yards from a building which is a permanent structure used for human occupancy [including a manufactured home as defined in § 101.91(2), Wis. Stats.)], unless the person who owns the land on which such building is located allows the hunter to hunt within such area;

(b)

Upon any property owned or leased by the City of Franklin;

(c)

Pursuant to § 29.301 (1), Wis. Stats., within 1,700 feet of any hospital, sanatorium or the grounds of any school, where the restricted area is designated by signs;

(d)

Pursuant to § 167.30, Wis. Stats., within 40 rods (660 feet) of any park, square or enclosure owned or controlled by the City of Franklin (note: Milwaukee County Code of General Ordinances § 47.05 prohibits bowhunting within any Milwaukee County Park or Parkway [as determined to be authorized by the Wisconsin Department of Natural Resources upon review pursuant to § 29.038(4)], Wis. Stats.);

(e)

Pursuant to § 167.31(2)(d), Wis. Stats., and subject to the exceptions set forth therein, when and where the person discharges 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;

(f)

In furtherance of the public health and safety, under any circumstances where the discharge of a bow or crossbow may endanger the life, limb or property of another; and

(g)

At any time and in any area when and where the person who hunts with a bow and arrow or crossbow does not discharge the arrow or bolt from the respective weapon toward the ground.

Bow and arrow permits.

No person shall shoot a bow and arrow within the City without having first obtained a permit therefor.

A permit to shoot a bow and arrow may be issued by the Chief of Police or his or her agent upon the following qualifications:

(a)

No permit shall be issued to any person under the age of 12 years.

(b)

The application for such permit by a person between the ages of 12 and 16 years shall be signed by the parent or guardian of the person applying.

Regulations pertaining to permits. The following regulations are imposed upon bow and arrow shooting permits:

No person shall shoot upon any lands, except as an owner or an invitee of the owner, and if an invitee, with a written permission on the person of the invitee specifying the name of the invitee and the permission to shoot or hunt granted, signed and dated by the owner.

No person shall hunt without having in his or her possession a valid permit and hunting license issued by the Wisconsin Department of Natural Resources or without displaying on his or her person such hunting license tags as may be required and in such manner as may be required by the Wisconsin Statutes or Administrative Code, while hunting.

No person between the ages of 12 and 16 shall hunt, unless accompanied by a parent or guardian.

No person shall have in his or her possession or control any poisoned arrow, arrow with explosive tips or any bow drawn, held or released by mechanical means, except that a person may possess and control such mechanical bow or a crossbow, provided that such person is concurrently in possession of a valid license or permit as required by the Wisconsin Department of Natural Resources for the possession and/or use of such bow drawn, held or released by mechanical means or crossbow.

No person shall transport a bow and arrow in any manner, unless such bow is unstrung or enclosed within a carrying case.

(6)

No person shall hunt with an arrow having a point with a diameter of greater than 1 7/8 inches.

(7)

No person shall hunt with a bow having less than 25 tested drawing weight at 26 inches of draw.

(8)

No person shall violate any provision of the Wisconsin Statutes or Administrative Code or Rule or Order of the Wisconsin Department of Natural Resources applicable to hunting, while hunting with a bow and arrow.

(9)

No person shall permit any other person to use his or her permit.

(10)

Permits shall be valid from August 31 of the year of issue and expire on August 31 of the year immediately subsequent to the year of issuance; except that any permit as it may be used for hunting shall only be valid during such times within the aforesaid license year that occur within the times and hours specified by the Wisconsin Department of Natural Resources for legal bow and arrow hunting.

Permit fees.

Residents of the City shall pay no fee for the issuance of a permit.

Nonresidents shall pay a fee of $7 for the issuance of a permit.

Regulation of archery ranges.

License required. No premises shall be used or permitted to be used, leased or hired as an archery range to practice target shooting without being licensed therefor.

License fee. The license fee for archery ranges shall be $25 per year, and the license shall expire on July 1, after the granting thereof, unless sooner revoked.

Licenses for corporation, etc. No corporation, firm, association or club shall be granted a license hereunder except to an agent thereof appointed by it who is, at the time of filing such application, an officer, manager or member thereof, a citizen of the United States and a resident of the state for at least two years prior to the date of such application.

Licenses for individuals. No individual shall be granted a license hereunder unless he or she shall have been, at the time of filing of such application, a citizen of the United States and a resident of the state for at least two years prior to the date of such application.

Application for license. Application for a license for any premises required to be licensed hereunder shall be made, in writing, and accompanied by the license fee. Such application shall contain the following information:

Name of applicant; state whether a firm, association, corporation, club or individual.

Address of applicant.

If applicant is an individual, state age.

If applicant is not an individual, state names and addresses of all officers and members of applicant.

Location and description of premises sought to be licensed.

(6)

Statement as to whether such premises are owned or leased by applicant.

(7)

Qualification of applicant.

(8)

Name of agent of applicant to whom license shall be issued.

(9)

Furnish proof of appointment of agent.

(10)

Qualification of agent.

Regulations for shooting premises.

All targets should be regulation forty-eight-inch target faces. The center of the bull's-eye shall be 48 inches above the ground.

The range shall be at least 50 yards longer than the longest distance to be shot.

The targets shall be 10 yards apart from center of bull's-eye to center of bull's-eye.

No range shall be conducted nearer than 500 feet to a public highway, public building or private residence.

Rocket or missile launching. No rocket or missile shall be launched from public or private property unless a permit has been issued by the City Clerk, after the applicant has met the following conditions:

Launch site shall not be less than 600 feet by 600 feet.

Written approval for use of land shall be on file.

Liability insurance in the amount of $1,000,000 shall be on file, holding harmless the City or landowner from liability.

The applicant shall comply with the National Association of Rocketry - Hobby Industry Association of America Model Rocket Safety Code.

No rocket or missile shall be launched within 500 feet of a structure or building.

See § 183-75A of this Code for exceptions to this section which allow for shotgun hunting and bow hunting upon lands owned and managed by the Wisconsin Department of Natural Resources within the Big Muskego Lake Wildlife Area.

[Added 8-17-2010 by Ord. No. 2010-2016]

§ 183-77 Possession of dangerous weapons.

Adoption of state statutes. Except as otherwise specifically provided in this chapter, the following statutory provisions, exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment, are hereby adopted and by reference made a part of this chapter as if fully set forth herein:

[Amended 11-1-2011 by Ord. No. 2011-2059]

Section 167.31, Wis. Stats., relating to transporting of bows and firearms.

Section 175.60, Wis. Stats., relating to the carrying and display of concealed carry licenses and certain prohibited activities.

Section 941.23(3), Wis. Stats., relating to the carrying and display of identification by out-of-state or former law enforcement members.

Section 943.13, Wis. Stats., relating to certain trespassing actions while carrying or possessing a weapon or firearm.

Section 948.605(2), Wis. Stats., relating to the carrying or possessing of a firearm within 1,000 feet of school grounds.

Possession of knives. No person shall conceal carry a knife if they are prohibited from possessing a firearm under § 941.29, Wis. Stats. No person shall possess a knife in buildings owned, occupied or controlled by the City of Franklin.

[Amended 3-15-2016 by Ord. No. 2016-2209]

§ 183-78 False swearing.

No person shall make false statements as follows: Under oath or affirmation make or subscribe a false statement which the person does not believe is true, when such oath or affirmation is authorized or required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action.

§ 183-78.1 Trapping of animals.

[Added 11-3-2014 by Ord. No. 2014-2151[1]]

Prohibited. No person shall, in or on City parklands or on any property owned or leased by the City of Franklin, set or operate any trap, device, mechanism, or contraption that is designated, built, or made to close upon, hold fast or otherwise capture a wild animal or animals, except as otherwise provided herein.

Exceptions.

This section shall not proscribe the use of live box-type traps authorized under § 29.337, Wis. Stats., relating to the live trapping of certain animals by owners or occupants of land. Live box-type traps shall be defined as those traps which capture and hold an animal in an alive and unharmed condition.

This section shall not apply to trapping within the confines of buildings, homes or their respective curtilage for the purpose of vermin eradication.