[Amended 11-20-2023 by Ord. No. 2023.11.03]
A. Definitions. For the purposes of this section, the following definitions
shall apply:
FIREARM
A weapon which expels a missile, bullet, or shot by the explosive
force of gunpowder, compressed air, or compressed gas, whether from
cartridge, shell or other container. "Firearm" shall include, but
shall not be limited to, all types of shotguns, rifles, and revolvers.
B. Discharge of weapons regulated, and statutes incorporated.
(1) The purpose of the regulations of this subsection is to protect the
public health and safety.
(2) Adoption of statutes.
(a)
The following Wisconsin State statutory provisions describing
and defining the regulations of firearms and dangerous weapons, exclusive
of any provisions therein relating to penalties to be imposed, are
adopted by reference and made a part of this section as if fully set
forth herein:
[1]
Section 167.30, Use of firearms, etc., near park, etc.
[2]
Section 167.31, Safe use and transportation of firearms and
bows.
[3]
Section 175.35, Waiting period for purchase of handguns.
[4]
Section 175.60, License to carry concealed weapon.
(b)
This subsection is intended to be as restrictive as the foregoing
Wisconsin State Statutes. In the event the Wisconsin State Statute
sections described above are amended or renumbered or otherwise revised,
the amended, renumbered or revised Wisconsin State Statutes are incorporated
herein and shall control.
(3) It shall be unlawful for any person to discharge any firearm or other
dangerous weapon within the boundaries of the Town in a careless and
heedless manner and in willful and wanton disregard for the rights
and safety of others, or without due caution, or in a manner so as
to endanger or likely to endanger property or any person.
(4) It shall be unlawful for any person other than a law enforcement
officer in the performance of official duties to use or discharge
a firearm or other dangerous weapon:
(a)
Within 300 feet of a building devoted to human occupancy without
the permission of the owner or occupant. The term "building," as used
in this subsection, shall not include a house trailer, mobile home,
tent, bus, truck, vehicle or similar portable unit.
(b)
Within a distance of 100 feet from the center line of any highway
or road surfaced with concrete or blacktop.
(c)
Within any land owned by the Town.
(d)
Within any publicly owned land except as expressly allowed and
duly authorized by state law.
(5) In no case shall a firearm or other dangerous weapon be discharged
in a direction that could result in the projectile landing on or flying
over:
(a)
Any adjacent property unless the owner of such adjacent property
has given written permission to do so; or
(b)
Public highways or other public grounds.
(6) The provisions of this section which regulate the location of the
discharge of a firearm or other dangerous weapon shall not apply to
the discharge of firearms or other dangerous weapons within shooting
ranges that are properly permitted, provided the discharge is conducted
fully in compliance with the conditions of the permit, the rules of
the shooting range, and other applicable laws.
(7) Pursuant to § 66.0409, Wis. Stats., as amended, this section
does not restrict an actor's conduct that "is justified" or would
be subject to a privileged defense from criminal liability under § 939.45,
Wis. Stats., as amended.