[HISTORY: Adopted by the Town Board of the Town of Vernon 1-6-1998 by Ord. No. 51 (Ch. 10 of the Town Code). Amendments noted where applicable.]
The following define offenses against the peace and good order of the state and are adopted by reference to apply to the Town:
[Amended 1-3-2008 by Ord. No. 2008-01]
Public policy. It is hereby declared necessary in the interest of public safety, health, and welfare, and for the protection of persons and property, that the shooting of firearms and bows and arrows be regulated within the Town of Vernon.
Definition. As used in this section, the following terms shall have the meanings indicated:
- BOW AND ARROW
- A compound bow, traditional bow (reserves, longbow), or crossbow, that is designed or used for purposes of shooting any carbon, wood, or aluminum arrow(s).
- A rifle of any caliber, shotgun of any gauge, hand gun, pistol, or revolver, but excludes BB guns and pellet guns.
Prohibited use of firearms and bow and arrows.
No firearms shall be fired or shot within the Town of Vernon, except as provided in Subsection D and Subsection E. The provisions of this section, however, shall not be deemed to apply to any law enforcement, military, and National Guard personnel who discharge a firearm in the Town in the pursuit of their official duties.
Permitted use of firearms and bows and arrows. Any property owner, occupant of real estate, or person having the written permission of the property owner or adult occupant of real estate, within the Town of Vernon, may use and shoot any firearms or bows and arrows, on premises owned or occupied by the user, or premises which are the subject of the written permission. Written permission shall include the date or dates on which permission is given, the date or dates for which permission is given, the type of firearm or bow and arrow allowed to be used and the signature of the person granting permission.
Shooting on Department of Natural Resources property. This section is not applicable to land owned or leased by the Department of Natural Resources and devoted to hunting.
Shooting near residences. Notwithstanding permission obtained from a property owner under Subsection D, no person shall shoot any firearms in the Town within 300 feet of any residential dwelling on any adjoining property or any other building devoted to human occupancy.
Shooting near road. Notwithstanding permission obtained from a property owner under Subsection D, the shooting of firearms from or across any public road or within 50 feet of the center line of said public road is prohibited.
Shooting of firearms as it relates to Town parks, hospitals and schools. Notwithstanding permission obtained from a property owner under Subsection D, no person shall shoot firearms in or within 660 feet of any Town park improved by structures or buildings or on or within 1,700 feet of any hospital property or school property within the Town.
Shooting of bows and arrows as it relates to Town parks, hospitals and schools. Notwithstanding permission obtained from a property owner under Subsection D, no person shall shoot a bow and arrow in or within 300 feet of any Town park improved by structures or buildings, unless as part of an organized Recreation Department activity, or on or within 300 feet of any hospital property or school property within the Town unless as part of an organized school activity.
Noise ordinance incorporated. Noise resulting from the discharge of any firearm within the Town shall be subject to the provisions of Town of Vernon Code § 221-3A.
[Added 4-15-2010 by Ord. No. 2010-04]
Definitions. As used in this section, the following terms shall have the meanings indicated:
- DRUG PARAPHERNALIA
- As defined in § 961.571(1)(a) of the Wisconsin Statutes, including all amendments, revisions, or renumbering that may be made thereto from time to time.
In determining whether an object is drug paraphernalia, the court or other authority shall consider, in addition to all other legally relevant factors, the following:
Statements by an owner or by anyone in control of the object concerning its use.
The proximity of the object, in time and space, to a direct violation of applicable laws and ordinances concerning controlled substances.
The proximity of the object to controlled substances or controlled substance analogs.
The existence of any residue of controlled substances or controlled substance analogs.
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows intend to use the object to facilitate a violation of statutes or ordinances pertaining to controlled substances.
Instructions, oral or written, provided with the object concerning its use.
Descriptive materials accompanying the object that explain or depict its use.
Local advertising concerning its use.
The manner in which the object is displayed for sale.
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
The existence and scope of legitimate uses for the object in the community.
Expert testimony concerning its use.
In determining whether an item is designed for a particular use, the court or authority shall consider the objective physical characteristics and design features of the object.
In determining whether an item is primarily intended for a particular use, the court or other authority shall consider the subjective intent of the defendant.
Prohibited actions. Sections 961.573(1), 961.574(1) and 961.575(1), of the Wisconsin Statutes, including such amendments, revisions or renumbering as may be made thereto from time to time, are hereby adopted by reference, and the activities prohibited thereby are hereby prohibited by this section.
[Amended 11-21-2002 by Ord. No. 2002-1; 2-16-2006 by Ord. No. 2006-03]
This chapter shall be enforced in accordance with the provisions of § 66.0114 and Ch. 799, Wis. Stats.