No person in the city shall: (1975 Code Ch. 11 § VI; amd. 2009 Code)
A. Possession Of Concealed Knives Prohibited: No person shall violate any provision of 941.231, Wisconsin statutes, but the penalty under this section shall be a forfeiture of not more than two hundred dollars ($200.00). (Ord. 2016-06, 3-7-2016)
B. Discharging Firearms:
1. For the purpose of this subsection "firearms" means any rifle, shotgun, handgun, spring gun, pellet gun, air gun, blowgun, bow and arrow, crossbow or any other weapon from which a shot is discharged by an explosive or propellant. For the purpose of this subsection "building" means a permanent structure used for human occupancy and includes a manufactured home as defined in section 101.91(2), Wisconsin statutes. (Ord. 2014-02, 2-3-2014)
2. It is unlawful for any person to fire or discharge any type of firearm in the city. This subsection shall not apply to the following:
a. Law enforcement officers when acting in the normal course of their employment.
b. Any bona fide safety training course or practice firing held at a location approved by the chief of police or that person's designee, or other governmental agency. (1975 Code Ch. 11 § VI)
c. Hunting of deer on land owned by or leased by the city when it has been determined by the common council that such hunting is necessary for proper game management or to protect persons, parks or other property and would not pose a threat to health and safety in the area where such hunting shall take place. Such hunting may only take place at such time, place and manner as the common council may direct.
d. Hunting with a bow and arrow or crossbow on land not owned by or leased by the city, provided that the hunter shall not:
(1) Hunt within one hundred (100) yards of a building located on another person's land, unless the person who owns the land allows the hunter to hunt within the above specified distance; and
(2) Discharge the arrow or bolt from the weapon in any manner other than toward the ground. (Ord. 2014-02, 2-3-2014)
C. Report Of Treatment Of Wounds: Every physician, surgeon, physician assistant or nurse practitioner duly admitted to the practice of medicine or surgery in the state, whenever he shall treat any person in the city for a wound inflicted by a dangerous or deadly weapon of any kind, shall notify the police department within one hour of the time when he renders such professional service, or is called upon to render the same. (1975 Code Ch. 11 § VI; amd. 2009 Code)
D. Throwing Of Missiles: Throw any stone, snowball or any other missile upon or at any vehicle or building, or other public or private property, or upon or at any person in any public or private way or place or enclosed or unenclosed ground.
E. Ball Playing: Throw, kick or knock any ball, or play ball in any manner upon any public street.
F. Fireworks Regulated:
1. No person shall violate any provisions of section 167.10(1), (2), (3), (4), (6), (7) and (8), Wisconsin statutes. Any future amendments, revisions, or modifications to the above statutes which have been referred to in this subsection are intended to be made part of this subsection in order to secure as much uniform statewide regulation as possible.
2. It shall be unlawful for any person, firm or corporation to sell any of the pyrotechnic composition devices described in section 167.10(1)(f), (i), (j), (k), (l), (m) and (n), Wisconsin statutes, without first obtaining a permit from the city clerk. The annual fee for a permit to sell pyrotechnic composition devices under this subsection is the sum of twenty five dollars ($25.00) per calendar year. The city clerk shall provide appropriate permit forms, as approved by the fire department, and shall maintain adequate record of the issuance thereof. The applicant shall particularly describe the location where the permit will be used and shall at all times publicly and continuously display such permit at such location. Such permit may be transferred to a new location upon payment of a transfer fee of ten dollars ($10.00). All vendors shall comply with all local ordinances and federal and state regulations and statutes regarding the sale, transport or storage of flammable, explosive or hazardous materials.
G. Beasts Of Burden Upon Public Property: Allow, ride, lead or direct any horse, pony, mule or other beast of burden upon any public street, alley, sidewalk or other public property except:
1. As a part of an officially sanctioned parade, procession or other exhibition, pursuant to title 3, chapter 11 of this code; or
2. Except for an officially sanctioned horsedrawn carriage or vehicle business enterprise, provided that the notice and other requirements and restrictions of title 3, chapter 11 of this code shall also apply to this enterprise; provided further that the horse shall be properly attired to prevent animal waste from being deposited upon such public property; provided further that such vehicle shall not be operated on highways during the hours of darkness, as such terms are defined in section 340.01, Wisconsin statutes; provided further that any vehicle used in said operation is in compliance with the requirements of chapter 347, Wisconsin statutes. (1975 Code Ch. 11 § VI)
H. Open Containers: Have in his or her possession or under his or her control, while he or she is on any public street, alley or sidewalk, any bottle, receptacle or container in which a fermented malt beverage, intoxicating liquor or wine, as those terms are defined in section 125.02, Wisconsin statutes, is contained, if the bottle, receptacle or container has been opened or the seal has been broken or the contents of the bottle, receptacle or container have been partially removed or released. Provided, however, that this subsection shall not apply to those areas that have been designated by the common council as licensed premises for holders of a Class "B" (beer), "Class B" (intoxicating liquor), reserve "Class B" (intoxicating liquor), "Class C" (wine), temporary Class "B" (picnic beer) and/or temporary "Class B" (picnic wine) license. (Ord. 2016-09, 6-6-2016)
I. Restricted Areas: It shall be unlawful to enter any area marked as restricted by the Menomonie police/fire department by the placing of signs or barriers in conspicuous places. Said signs or barriers shall be in substantially the following form:
Restricted Area
Keep Out
Menomonie Police Department
J. Obstruction Of Pedestrian Traffic: Cause any public sidewalk or pedestrianway to be made impassable by loitering, lounging or otherwise obstructing pedestrian traffic.
K. Unlawful Assembly: Policemen have a duty to suppress unlawful assemblies within their jurisdiction. For that reason they may order all persons who are part of an assembly to disperse. An "unlawful assembly" is an assembly which consists of three (3) or more persons and which causes such a disturbance of public order that it is reasonable to believe that the assembly will cause injury to persons or damage to property unless it is immediately dispersed.
1. An "unlawful assembly" includes an assembly of persons who assemble for the purpose of blocking or obstructing the lawful use by another person or persons of any private or public thoroughfares, property or of any positions of access or exit to or from any private or public building, or dwelling place, or any portion thereof and which assembly does in fact so block or obstruct the lawful use by any other person or persons of any such private or public thoroughfares, property or any position of access or exit to or from any private or public building, or dwelling place, or any portion thereof.
2. It is unlawful for any person to intentionally fail or refuse to withdraw from any unlawful assembly which the person knows has been ordered to disperse.
3. Whoever causes, attempts to cause, or participates in an unlawful assembly upon any property of a public institution of higher education or upon any highway abutting on such property, is punishable under subsection K2 of this section if he fails to withdraw from the assembly promptly upon issuance of an order to disperse, if such order is given in such manner that such person can reasonably be expected to hear or read such order.
4. Any person who shall violate any provision of this subsection K shall, upon conviction thereof, forfeit not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
L. Assault Weapons:
1. Definitions:
ASSAULT WEAPON: Any weapon other than a firearm having the personal assault characteristics of any sap, nunchaku, blackjack, slungshot, slingshot, sand club, chain club, metal knuckles, shurikens, or yawara stick.
NUNCHAKU: Any device constructed of two (2) solid cylindrical objects joined together on one end by a chain, rope, thong, or other such material.
QUALIFIED MARTIAL ARTS INSTRUCTOR: Any person certified at the black belt level of the martial arts engaged in the teaching of assault weapons for competition.
SECURED CONTAINER: A locked case having no mechanical features designed for immediate weapons removal or use. Except that, a "secured container" may mean a weapon case, such as leather, fiber, canvas or plastic, secured by zipper, clasp, buckle or ties.
SHURIKENS: Any metal device which has the shape of a multiple pointed star, each point being sharpened, and primarily designed to be thrown.
YAWARA STICK: Any cylindrical shaped object which may or may not have spheres on both ends and measures less than ten inches (10") in length and, when gripped in the hand, protrudes on either side of the fist.
2. Restrictions: It shall be unlawful for any person to have in his possession, except when within his own domicile, or to carry or to use an assault weapon within the city limits of the city; except that an assault weapon may be transported in or out of a motor vehicle only if the assault weapon is placed in a secured container, or except that an assault weapon may be possessed or carried without being in a secured container upon the business premises of a weapons dealer or possessed, carried or used without being in a secured container upon the premises of a school supervised by a qualified martial arts instructor or competition supervised by a qualified martial arts instructor.
M. Possession Of Signs, Guideboards, Milepost, Signals Or Markers: No person shall violate any provisions of section 86.192(1m), Wisconsin statutes, except that the penalty shall be a forfeiture of not more than one hundred dollars ($100.00). (1975 Code Ch. 11 § VI)
N. Possession Of Specified Firearms And Weapons In Public Buildings, Business Establishments And Public Areas:
1. Definitions: The following definitions shall apply in the interpretation and the enforcement of this subsection:
CONTROLLED ACCESS FACILITY: A facility or area that has designated entrances for ingress and egress controlled by a door, gate, attendant or other means to limit entry while the facility is open and can be locked or secured when closed, or in the instance of temporary events of less than three (3) weeks, designated entrances may be either secured when closed or the controlled access facility removed at the termination of the temporary event.
FIREARM: A weapon that acts by force of gunpowder.
LAW ENFORCEMENT: Any person employed by the state of Wisconsin or any political subdivision of this state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce.
SPECIAL EVENT: A scheduled public gathering of persons on city property to which the public is invited, whether or not an admission fee is charged; or at which concessions are to be sold, such as food or beverages, including alcoholic beverages; and which will reasonably require, based on then existing city policies and procedures, the provision of city support services to accommodate the event on public property. A special event is open to the public at a predetermined location on public property, including, but not limited to, city parks, streets and sidewalks. This definition shall not apply to any of the following: any march, public assembly, or other activity protected by the first amendment to the United States constitution, city sponsored events, or funeral processions.
WEAPON: A handgun, an electronic weapon as defined at section 941.295, Wisconsin statutes, a knife or a billy club. (Ord. 2011-10, 10-17-2011, eff. 11-1-2011; amd. Ord. 2016-06, 3-7-2016)
2. Entrance Prohibited While Carrying A Weapon Or Handgun: In addition to the provisions of Wisconsin statutes enumerating places where the carrying of a weapon or a firearm is prohibited, including exceptions thereto, it shall be unlawful for any person other than a law enforcement officer or other city officer or official designated by the Menomonie chief of police to enter the following city of Menomonie municipal buildings, facilities or locations while carrying a weapon or a firearm:
a. City hall;
b. Menomonie public library;
c. Fire stations;
d. Police station;
e. Wakanda Waterpark;
f. Street department building;
g. Parks department buildings;
h. Leisure services center - Shirley Doane Senior Center;
i. City wells, pump houses, and all related buildings;
j. Such buildings or facilities as designated by the Menomonie housing authority;
k. Wastewater treatment plant, lift stations, and related buildings;
l. City park bathrooms;
m. Airport terminal; and
n. Any and all other municipal buildings or controlled access facilities owned or operated by the city of Menomonie, whether now in existence or later constructed or leased, excepting unlocked portions of Wilson Park band shell and park pavilions in Wakanda Park and other similar open sided structures in various locations.
3. Areas Posted As A No Firearms Or Concealed Weapons Location: It shall be unlawful for any person other than a law enforcement officer to enter any building, facility, or location open to the public that is posted as a no firearms or concealed weapons location while possessing, carrying, or concealing a firearm or weapon, whether with or without a state permit.
4. Signs Posted: Signs meeting the requirements of section 943.13(2)(bm)1, Wisconsin statutes, shall be posted in prominent places near public entrances of all buildings, structures or locations that restrict or prohibit firearms or concealed weapons.
5. Sign Requirements: Signs of at least five inches by seven inches (5" x 7") in size shall be posted in prominent places near public entrances to all licensed premises selling alcohol for on premises consumption to advise patrons that: a) firearms are prohibited on such premises except with a valid concealed weapons permit pursuant to section 941.237(2), Wisconsin statutes, and b) those with such a permit cannot be served alcohol if carrying a concealed weapon pursuant to section 941.237(3)(cx), Wisconsin statutes.
Licensees that prohibit all firearms and concealed weapons on the premises and post signs complying with subsection N4 of this section shall be exempt from this requirement.
The city clerk shall have signs meeting these requirements produced and available for licensees by November 1, 2011, and for new licensees thereafter. Licensees shall post such signs or signs substantially similar of comparable size, font, and content.
6. Violation; Penalty: Any person violating any of the provisions of this subsection shall, upon conviction thereof, forfeit not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), plus court and other costs, for each separate violation, and shall further be subject to penalty for trespass under section 943.13, Wisconsin statutes. (Ord. 2011-10, 10-17-2011, eff. 11-1-2011)