[HISTORY: Adopted by the Village Board of the Village of
Hobart 3-16-2010 by Ord. No. 03-2010 (§ 3.3 of the 2000 Code);
amended in its entirety 3-20-2018 by Ord. No. 2018-04. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 295.
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 chapter
is hereby established to protect the public health, safety and welfare
by establishing regulations for the discharge and/or use of certain
weapons/firearms.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Includes all weapons used for the purpose of propelling bullets,
shot or other missiles, whether from cartridge, shell or other container,
by force of gunpowder.
Any device by which a projectile may be launched at a speed
that may cause property damage, bodily harm or worse, including, but
not limited to, a bow, crossbow, firearm or slingshot.
A.
No person, except a duly authorized police officer or other law enforcement
officer in the line of duty, shall discharge any firearm or other
regulated weapon in the Village of Hobart unless for the purpose of
security, defense, hunting, recreation, or other lawful purpose consistent
with the provisions of this chapter.
B.
No child under the age of 18 shall bear any firearm or other weapon
in the Village of Hobart, except under the circumstances set forth
in the Wisconsin regulations and statutes. Any parent or guardian
of a child under the age of 18 who, knowingly or by negligent supervision,
permits a violation of this subsection by their child or ward is also
in violation of this section, except under the circumstances set forth
in the Wisconsin regulations and statutes
C.
Section 167.31, Wis. Stats., and any future amendments thereto, is
hereby adopted and incorporated as if fully set forth herein. If there
are any conflicts between the definitions set forth in this chapter
and § 167.31(1), Wis. Stats., the definitions provided in
§ 167.31(1), Wis. 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 § 167.31(1), Wis. Stats., shall not be considered to
be conflicting.
A.
Weapons/firearms overlay districts are hereby established, and areas
of the Village subject to such districts shall be shown on a Weapons/Firearms
Overlay Map hereby adopted and kept on file with the Village Clerk-Treasurer
and Zoning Administrator/Building Inspector. 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.
(1)
District One (D1): Discharging firearms or any other lawful weapons
shall be allowed.
(2)
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, BB gun, pellet gun, .22 caliber with birdshot, and
slingshots.
(3)
District Three (D3): No discharge of any firearms or weapon that
launches a projectile of any kind shall be allowed.
(4)
District Four (D4): 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.
(5)
District Five (D5): Brown County Airport property restricted.
B.
Any proposed change to the Weapons/Firearms Overlay Map must be reviewed
by the Planning and Zoning Commission, which shall make a recommendation
to the Village Board for final action through adopting a resolution
amending the map.
(1)
The application to amend the Weapons/Firearms Overlay Map shall be
filed with the Hobart Village Clerk-Treasurer on a form so prescribed
by the Village of Hobart.
(2)
Upon receipt in proper form of the application, the Planning and
Zoning Commission shall hold a public hearing on the proposed change
to the Weapons/Firearms Overlay Map. Due notice of the hearing shall
be given to parties of interest, as well as owners of property located
within 100 feet of the property in appeal.
(3)
The Planning and Zoning Commission's decision on recommending
any changes to the Weapons/Firearms Overlay Map shall be based on,
but not limited to, the following criteria:
(a)
The population density of the area surrounding the parcel.
(b)
The type of weapon or weapons being used, as well as the hours
of operation for the discharge of such weapon or weapons.
(c)
The recommendation of the Hobart Police Chief or his or her
designee.
(d)
Information and comments received at the public hearing for
said application.
While on the land of another, there shall be no hunting at any
time within 300 feet of any building devoted to human occupancy without
the express permission of the owner or occupant of the building. As
used in this section, "building" shall not include any tent, bus,
truck, vehicle, camper or other similar portable unit.
There shall be no discharge of any firearm at any time by anyone
other than a duly authorized law enforcement officer in the performance
of official duty within a radius of 1,000 feet from a school building,
playground, park or place of worship.
The Village of Hobart shall post warning signs indicating no
discharge of any firearm at any time around the perimeter of the school
building, playground, park or place of worship at a radius of 1,000
feet if requested by the owner of the property.
Any person who violates any provision of this chapter is subject to the penalties as outlined in § 1-3 of the Village of Hobart Code, and shall be subject to forfeiture in an amount of no less than $200 and not to exceed $1,000 for each offense.
