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Municipal Code

Chapter 10. Public Peace and Good Order

Sec. 10-30. Firearms.

(1)   Unless prohibited by state and federal law, persons may carry exposed firearms or dangerous weapons in the City of Marshfield, and they may further carry concealed firearms or dangerous weapons in the City of Marshfield with a valid permit or license.

(a) Dangerous weapon means:

      1. A firearm, meaning a weapon designed to fire a projectile by force of gunpowder.
      2. An air gun, meaning a weapon designed to emit a solid projectile through use of compressed air or other gas propellant.
      3. A chemical weapon such as mace, pepper spray or similar chemical designed to incapacitate a human.
      4. A stun gun, cattle prod or similar electronic control device (EDC) designed to incapacitate a human through the use of electrical charge or current.
      5. Blunt impact weapons designed to strike a human, including but not limited to a sap, brass knuckles, baton or nun-chukkas.
      6. Any other item, instrument or device specifically designed to cause bodily harm to another.

(b) The following restrictions shall apply to the carrying of firearms or dangerous weapon:

      1. School Property:  No person may carry any exposed or concealed firearm, ammunition for any firearm, or dangerous weapon onto school poperty.  No person may carry a folding, retractable, or fixed blade knife of any kind while on school property unless otherwise aurthorized by school administration.
      2. Courtrooms:  No person may carry any exposed or concealed dangerous weapon or bladed weapon of any kind into any courtroom while court is in session, unless otherwise permitted by the Wisconsin Statutes.
      3. Public Building:  No person may enter or remain in a public building which is properly signed and while in possession of a firearm or dangerous weapon; exposed or concealed.
      4. Private Buildings:  No person may carry any exposed or concealed firearm into a private business which is properly signed or has been personally instructed to remove such firearm from the premises by the person in control of the premises.
      5. Private Residence:  No person may carry a concealed or exposed firearm into a private residence when properly signed or personally instructed not to do so by the owner or person having the legal right of control the premises.   
      6. Special Events:  No person may carry any exposed or concealed firearm into any event which lasts no longer than three weeks and is properly signed prohibiting such possession and has controlled access points or admission is charged.
      7. Establishments Serving Alcoholic Beverage:  No person may carry any exposed or concealed firearm into any establishment that serves alcohol for consumption on premises and that party partakes in such consumption.
      8. Trespass with weapon:  Any person entering properly signed areas or failing to remove any dangerous weapon from any location described in § 10-30(1)(b) 1-7, after having been instructed to do so specifically by the person(s) in control or having legal interest, may be cited for trespass under this section.

   (c) "Properly Signed".

      1.  For purposes of this Section, "Properly signed" shall mean signs not less than 5 inches by 7 inches notifying any individual not to enter or remain in a part of that building, or on the grounds of that building while carrying a firearm, dangerous weapon or any particular type of firearm or dangerous weapon and the posting of such signs shall be in accordance with §943.13 of the Wisconsin Statutes.

(d) The following individuals shall be exempted from the prohibitions against the carrying of firearms under this section:

      1. Sworn law enforcement personnel.
      2. Former law enforcement officers with proper picture identification and certification within the past 12 months in accordance to 18 U.S.C. 926
      3. Armed forces personnel acting in the line of their duties.

(e)  Ordinance officers and Auxiliary officers of the Marshfield Police Department will be exempt of the following under this section:

    1. The carrying of pepper spray or other crowd control aerosols in otherwise restricted locations when doing so in the course of their official duties.
    2. The carrying of an electronic control device, ("ECD"), in otherwise restricted locations; if that officer is a certified law enforcement officer of the State of Wisconsin or is a valid Carrying Concealed Weapons license holder, and has been properly trained and authorized by the Marshfield Police Chief to do so.

(2) It shall be unlawful for any person, except a police officer in the line of duty, to fire or discharge, within the City of Marshfield, any rifle, shotgun, pistol, air gun or weapon using gas or other propellant, bow and arrow, or any other weapon of any kind or nature, except as provided in this section.

(a)  Subsection (2) of this section does not apply and may not be enforced if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in §939.45.

(b)  Subsection (2) of this section shall not apply to target practice, aerial clay, or archery practice or contests, where such activities are regular activities of a club or association of adult persons, organized for that purpose, and where, before engaging in such activities, there shall be issued by the chief of police, in writing, a certificate stating that he or his designee  has examined the premises on which such activities are proposed to be conducted, and the rules and regulations of such club purposes, according to ordinance standards.

(c) The chief of police shall have the authority to determine, in any given case, whether a weapon or device may be used for any other purpose than permitted in this section, and may issue a written permit for such use.

(d)  Penalty. Any person who shall violate the provisions of this section shall be subject to a penalty as provided by section 1-05 of this Code.

(e)  Subsection (2) of this section shall not apply to Controlled Hunts.  A Controlled Hunt within the City of Marshfield corporate limits shall satisfy all of the following requirements:

      1. Every person who participates in a Controlled Hunt shall:

i.  Possess a current valid archery deer hunting license issued by the Wisconsin Department of Natural Resources;

ii.  Possess a Municipal Deer Tag issued by the Marshfield Police Department or its designated agent;

iii.  Satisfactorily complete a bow hunter's proficiency test as designated by the Deer Management Plan from time to time;

iv.  Hunt only within areas designated by the Deer Management Plan and only on the dates and at the times specified by the Deer Management Plan;

v.  Hunt only with a bow and arrow;

vi.  Harvest antlerless deer only; and

vii.  Comply with all state and local laws, rules and regulations and the directions set forth in the Deer Management Plan.

2.  All Controlled Hunts shall be conducted on dates and at times and locations as specified by the Deer Management Plan.  Controlled Hunts shall not be conducted at any time between April 15 and September 15 of each calendar year.

(Code 1982, 9.02; Ord. No. 1145, 1, 11-25-2008; Ord. No. 1215, 1, 11-8-2011; Ord. No. 1219, 1, 5-8-2012)