Details for City of Sun Prairie, WisconsinAN ORDINANCE AMENDING SECTION9.32 � WEAPONS

City of Sun Prairie, WisconsinAN ORDINANCE AMENDING SECTION9.32 � WEAPONS, EXPLOSIVES ANDFIREWORKSPresented: June 7, 2016Adopted: June 7, 2016Publication: June 17, 2016File Number: 12,551 Ordinance No: #644 ORDINANCEThe Common Council of the City of Sun Prairie, Dane County, Wisconsin, hereby ordains as follows:SECTION 1. That Section 9.32 is hereby amended as follows: (Additions are noted by underline, deletions are noted by overstrike.)9.32.010 Concealed weapon license.A. Definitions. In this section:1. "Carry" means to go armed with.2. "Concealed" means hidden from ordinary observation.3. "License document" means a valid license issued under Section 175.60, Wisconsin Statutes, or an out-of-state license. 4. "Licensee" means an individual holding a valid license to carry a concealed weapon under Section 175.60, Wisconsin Statutes. 5. "Out-of-state licensee" means an individual who is twenty-one (21) years of age or over, who is not a Wisconsin resident, and who has been issued an out-of-state license. 6. "Photographic identification card" means one of the following:a. An operator's license issued under Chapter 343, Wisconsin Statutes, or an identification card issued under Section 343.50, Wisconsin Statutes; or b. A license or card issued by a state other than Wisconsin that is substantially equivalent to a license or card under subsection 1. 7. "Weapon" means a handgun, an electronic weapon, as defined in Section 941.295(1c)(a), Wisconsin Statutes, a knife other than a switchblade knife under Section 941.24, Wisconsin Statutes, or a billyclub. B. It shall be unlawful for a licensee or out-of-state licensee to carry a concealed weapon within the city without having his or her license document and photographic identification card. C. Exceptions. This section does not apply if the licensee or out-of-state licensee was carrying a concealed weapon in the following locations: 1. In his or her own dwelling;2. In a place of business he or she owns; or3. On land he or she owns, leases or legally occupies.D. Penalty. Any person who violates this ordinance shall be subject to a penalty of not more than twenty-five dollars ($25.00). 1. Exemption. Any person is exempted from a forfeiture under this section, if the person presents, within forty-eight (48) hours of receiving a citation, his or her license document or out-of-state license and photographic identification to the Sun Prairie Police Department. 9.32.020 Unlawful use concealed weapon of license.Unlawful Use of License. It shall be unlawful for any person who is issued a permit to carry a concealed weapon under Section 175.60(2), Wisconsin Statutes: A. To intentionally represent as valid any revoked, suspended, fictitious, or fraudulently altered license. B. To intentionally sell or lend the license to any other individual or knowingly permit another individual to use the license. C. To intentionally represent as one's own license any license not issued to him or her.D. To intentionally permit any unlawful use of a license issued under Section 175.60, Wisconsin Statutes. E. To intentionally reproduce by any means, a copy of a license for a purpose that is prohibited by code or state statute. F. To intentionally deface or intentionally alter such a license.Any violation of this section shall be enforced as per Title I, of the Sun Prairie Code of Ordinances. 9.32.030 Regulation of firearms and explosives.A. Discharge and Possession of Firearms Regulated. No person, unless acting in self-defense pursuant to Section 939.48, Wisconsin Statutes, except a sheriff, police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description, or bow and arrow, within the city or have any spring gun, air gun or pneumatic pellet gun or bow and arrow, in his or her possession or under his or her control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to state law. Children's toys that discharge or fire foam projectiles are exempt from this ordinance. This subsection shall not apply to the discharge of a firearm if the actor's conduct is justified or had it been subject to criminal penalty, would have been subject to a defense described in Section 939.45, Wisconsin Statutes. B. Shooting Into City Limits. No person shall in the territory adjacent to the city discharge any firearm in such manner that the discharge shall enter or fall within the city. C. Shooting Ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the chief of police and common council, after an advisory recommendation from the chief of police, where proper safety precautions are taken. D. Explosive Devices. No person shall discharge or detonate any dynamite, nitroglycerine or other explosive within the city without first obtaining a permit to do so from the chief of police. E. Hunting Prohibited. Hunting is prohibited within the corporate limits of the city.F. Definition. For the purposes of this section, a "firearm" means a weapon that acts by force of gunpowder. 9.32.040 Carrying concealed weapons prohibited � Certain weapons prohibited.A. Concealed Weapons Prohibited.1. No person shall within the city wear or in any manner carry under his or her clothes or conceal upon or about his or her person, any deadly or dangerous weapon; provided this subsection shall not apply to a peace officer or such persons that may be licensed or otherwise authorized by law to carry such weapons. 2. "Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device, or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. A knife does not meet the definition of dangerous weapon for the purpose of this ordianance except as stated in 9.32.040 (B).B. Possession of a dangerous weapon into a City of Sun Prairie Police Department is prohibited. City employees are exempt from the knife portion of this section as are authorized vendors, contractors and those with authorization from City of Sun Prairie employees. The prohibition under this section relevant to carrying a dangerous weapon does not apply to law enforcement personnel.C. Reserved.D. Possession, Sale and Manufacture of Certain Weapons Prohibited.1. No person shall sell, manufacture, purchase, possess, or carry a "Numchuk" (also called a "Nunchaku") or a "Churkin" or a "Sucbai" or similar weapon, within the city. 2. For the purpose of this section the following definitions shall apply:"Churkin" means a round throwing knife consisting of several sharp points protruding from a rounded disc.�Numchuk" or "Nunchaku" means an instrument consisting of two or more sticks, clubs or rods connected by a rope, cord, wire or chain. "Sucbai" means a short length of wood or metal or similar material which when gripped in the hand protrudes on either side of the fist. Such prohibited instrument may or may not have spikes or short pointed protrusions from either end. 3. Any such device shall be seized by a law enforcement officer and destroyed or turned over to the state of Wisconsin Crime Laboratory for destruction. SECTION 2. Effective Date. This Ordinance shall become effective upon passage and publication as provided by law.APPROVED: Paul T Esser, MayorDate Approved: June 7, 2016Date Signed: June ___, 2016This is to certify that the foregoing Ordinance was adopted by the Common Council of the City of Sun Prairie at a meeting held on the 7th day of June, 2016, and was submitted for signatures on the 10th day of June, 2016.Diane J. Hermann-Brown, City ClerkPUB. The Star;June 17, 2016WNAXLP