[Amended 1-2-2002 by Ord. No. 2002-01]
A. Definition. For the purpose of this section, the following
definitions shall apply:
FIREARMS
Includes all weapons used for the purpose of propelling bullets,
shot or other missiles, whether from cartridge, shell or other container,
by explosives or compressed air, and shall include, without limitation
because of specific enumeration, all forms of shotguns, rifles, revolvers
and other similar types of equipment whereby such bullets, shot or
missiles are propelled through the air by reason of discharge therefrom
by explosives, caps or compressed air.
B. Discharge of firearms restricted.
(1) No person, except a property owner or his or her designee
and when the property owner is present, shall discharge any firearm
as above defined within the Town of Cedarburg, except when he or she
has in his/her possession a copy of a written permit (upon forms provided
and available in the office of the Town Clerk), signed by the owner
of the land, permitting the discharge of firearms upon the premises
actually owned or occupied. This subsection does not apply and may
not be enforced if the person's conduct was justified, or had it been
subject to a criminal penalty, would have been subject to a defense
described in § 939.45, Wis. Stats.
[Amended 6-1-2005 by Ord. No. 2005-4; 11-7-2007 by Ord. No.
2007-15; 11-2-2011 by Ord. No. 2011-8]
(2) The discharge of firearms shall be so controlled that
the bullet, shot or missile propelled therefrom does not enter or
pass over the premises of another or upon public highways or other
public grounds.
(3) Firearms shall not be used in such manner as to be
in reckless disregard of the lives or property of persons upon the
public highways or public grounds of the Town or property of others.
(4) The discharge of firearms shall not interfere with
the peace, quiet and enjoyment of their property by any neighboring
residents.
(5) No person, except a Sheriff, Town Constable or law
enforcement officer, shall fire or discharge any firearm, rifle, or
spring or air gun of any description within the limits of any subdivision
within the Town of Cedarburg, or within 150 yards of any residence
dwelling, or have any firearm, rifle, or spring or air gun in his
possession or under his control unless it is unloaded and knocked
down or enclosed in a carrying case or other suitable container within
the above-described area.
C. The discharge of firearm restrictions stated under the above Subsection
B do not apply to persons who are hunting on private lands which are designated open to public access under Wisconsin Forest Tax Law programs.
[Added 9-4-2013 by Ord. No. 2013-12]
D. Shooting ranges. This section shall not prevent the
maintenance and use of duly supervised rifle or pistol ranges or shooting
galleries approved by the Town Board, after an advisory recommendation
from the Town Constable and Town Administrator, where proper safety
precautions are taken.
E. Any person who shall violate any of the above provisions
of this section shall, upon conviction thereof, be subject to a forfeiture
of not less than $200 for each offense together with the costs of
prosecution and, in default of payment of such forfeiture and costs
of prosecution, shall be imprisoned in the county jail until such
forfeiture and costs are paid, but not exceeding 90 days.
[Added 11-7-2007 by Ord. No. 2007-15]
[Amended 10-7-2015 by Ord. No. 2015-11]
A. Except as otherwise expressly provided in this section or in §
237-2 of the Town Code, no person shall throw or shoot any object, arrow, bolt, stone, snowball or other missile or projectile by hand or by any other means at any other person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the limits of any subdivision or subdivided area within the Town of Cedarburg.
B. Hunting. This section shall not prevent a person from hunting with
a bow and arrow or crossbow in the following circumstances:
(1) If the person is hunting in accordance with the Wisconsin Department
of Natural Resources regulations and state statutes; and
(2) The discharge is 100 yards or greater from a building, used for human
occupancy, unless the person who owns the land on which the building
is located allows the hunter to hunt within 100 yards of the building;
and
(3) If the person is not hunting on land owned by, or leased to, the
Town; and
(4) The discharge of the arrow or bolt from the respective weapon is
toward the ground.
Whoever commits any of the following acts shall be subject to the general penalty as provided in Chapter
1, §
1-3 of this Code:
A. Obscene. Makes any comment, request, suggestion or
proposal which is obscene, lewd, lascivious or indecent.
B. Intent. 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. Repeatedly ring. 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. Repeated telephone calls. Makes repeated telephone
calls, during which conversation ensues, solely to harass any person
at the called number or numbers.
E. Knowingly permit. Knowingly permits any telephone
under his control to be used for any purpose prohibited by this section.
F. Concerted action. 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 Town unless he shall be authorized by a fireworks permit as provided in Chapter
158, Fireworks, 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 offer 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.
It shall be unlawful for any person to shovel, throw, deposit or store any debris, dirt or other refuse on any public street pavement, shoulder, ditch, right-of-way or public sidewalk, except that refuse for Town collection and disposal may be placed in accordance with Chapter
273, Solid Waste, §
273-6 of this Code.