ORDINANCE NO. O-2013-02
AN ORDINANCE REPEALING SECTION 9.01. – REGULATING HUNTING AND DISCHARGE OF FIREARMS AND RECREATING SECTION 9.01. – WEAPONS AND FIREARMS DISCHARGE ORDINANCE, OF THE MUNICIPAL CODE OF THE VILLAGE OF BELLEVUE, WISCONSIN
The Village Board of Trustees of the Village of Bellevue, Brown County, Wisconsin does ordain that Section 9.01. – Regulating Hunting and Discharge of Firearms of the Village of Bellevue Municipal Code be Repealed and Recreated as Section 9.01. – Weapons and Firearms Discharge Ordinance
9.01 WEAPONS AND FIREARMS DISCHARGE ORDINANCE. The Village Board finds that the Village, possessing both urban and rural characteristics, contains areas that differ greatly in the degree to which FIREARM discharge and other WEAPON use is appropriate from a standpoint of public safety, peace and good order. This section is hereby established to protect the public health, safety and welfare by establishing regulations for the discharge and/or use of certain WEAPONS/FIREARMS. (1) DEFINITIONS. For the purpose of this chapter, certain words and phrases shall be defined as follows:
(a) FIREARM – A rifle or handgun of any caliber, a shotgun of any gauge, muzzleloader or any other WEAPON which expels a projectile by the explosive force of ignited gunpowder, compressed air, compressed gas or spring loaded of a type or speed that may cause BODILY HARM or worse.
(b) WEAPON – Any device, by which a projectile may be launched of a type or at a speed that may cause BODILY HARM or worse, including, but not limited to, a bow, crossbow or slingshot.
(c) BODILY HARM – Any bodily injury to include, without limitation, a laceration that requires stitches, staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a temporary loss of consciousness, sight or hearing; a concussion; or a loss or fracture of a tooth.
(a) No person, excepting a duly authorized police or other law enforcement officer in the line of duty, shall discharge any FIREARM or other regulated WEAPON in the Village of Bellevue unless for the purpose of security, defense, hunting, or other lawful purpose consistent with the provisions of this chapter.
(b) Lawful discharge of FIREARMS or WEAPONS for hunting or recreation shall occur only on those lands designated for such as use under the HUNTING OVERLAY MAP, established under Section 9.01 (3) below.
(c) Lawful discharge of FIREARMS for hunting shall not occur within 100 yards of a building devoted to human occupancy. Lawful discharge of WEAPONS for hunting shall not occur within 50 yards of a building devoted to human occupancy.
(d) No child under the age of 18 shall bear any FIREARM or other WEAPON in the Village of Bellevue, except under the circumstances set forth in Section 948.60(3), WI Stats. Any parent or guardian of a child under the age of 18 whom, knowingly or by negligent supervision, permits a violation of this subsection by their child or ward is also in violation of this section, except as spelled out in WI DNR regulations where the child has completed a hunter’s safety course.
(e) Municipal Code Chapter 19.05, and any future amendments thereto, are hereby adopted and incorporated as if fully set forth herein. The definitions provided in Village of Bellevue Municipal Chapter 19.05, shall control with regard to FIREARMS and WEAPONS in Village parks.
(f) Section 167.31, WI Stats., and any future amendments thereto, are hereby adopted and incorporated as if fully set forth herein. If there are any conflicts between the definitions set forth in this Chapter and Section 167.31(1), WI Stats., the definitions provided in Section 167.31(1), WI Stats., shall control with regard to interpreting this subsection; provided, however, that a definition in this Chapter that is more restrictive or more encompassing than the definitions in Section 167.31(1), WI Stats., shall not be considered to be conflicting.
(3) WEAPONS/FIREARMS HUNTING OVERLAY ZONES. WEAPONS/FIREARMS hunting overlay districts are hereby established, and areas of the Village subject to such districts shall be shown on a Hunting Overlay Map hereby adopted and kept on file with the Village Clerk and Zoning Administrator. The districts established by this Chapter are in addition to any other state or local laws governing hunting and trespassing. All new subdivisions will be reviewed by the Village Board (or designee) and a district zone will be applied.
(a) District One – (D1) Discharging FIREARMS or any other lawful WEAPONS shall be allowed for lawful purposes.
(b) District Two – (D2) Discharge of FIREARMS or any other lawful WEAPONS is prohibited; however, the following FIREARMS or WEAPONS may be discharged: bow and arrow.
(d) District Three - (D3) The regulations of District 2 apply, however, shotguns using shot loads may also be discharged for the purpose of hunting small game, migratory and upland game birds or waterfowl.
(c) District Four - (D4) No discharge of any FIREARMS or WEAPON that launches a projectile of any kind shall be allowed.
(4) VIOLATIONS & PENALTIES. Any person who violates any provision of this Chapter is subject to the penalties as outlined in Chapter 25.04 of the Village of Bellevue Municipal Code, and shall be subject to forfeiture in an amount of no less than $200 and not to exceed $1,000 for each offense.