Chapter 9.05


9.05.010    Discharging and carrying firearms restricted.

9.05.020    Throwing or shooting of arrows, stones and other missiles prohibited.

9.05.010 Discharging and carrying firearms restricted.

1.    Under current law, a city, village, or town exercising village powers under Wis. Stat. § 60.22(3) may, by ordinance or resolution, restrict the discharge of a firearm. Current law also prohibits discharging a firearm near certain parks, from a vehicle, from or across a highway, or in or from an aircraft unless the conduct of the person discharging a firearm is justified in using the firearm for legally recognized self-defense purposes. It is the intent and purpose of the Town of East Troy to prohibit the discharge of firearms within the Town as outlined herein. “Firearm” means a rifle of any caliber, air rifle, shotgun of any gauge, pistol, or revolver of any caliber. No person shall fire or discharge any firearm, rifle, spring or air gun within the Town of East Troy, excepting while such person is in the following areas of said Town:

a.    On lakes located wholly or partially within the Town in accordance with state hunting regulations.

b.    On land designated as an “Agricultural” or “Conservation” District under the Walworth County Zoning Ordinance as adopted by the Town on July 14, 1975, and in accordance with state hunting regulations.

c.    On a shooting range, target range, or trap and skeet range, provided such a range has an adequate backstop of earth or gravel.

d.    Any property owner, occupant of real estate, or person having the permission of the property owner or adult occupant of real estate, within the Town of East Troy, may use and shoot any firearm, rifle, spring or air gun, on premises owned or occupied by the user, or premises which are the subject of the permission.

2.    Notwithstanding the provisions of subsection (1) of this section, no person shall fire or discharge any firearm, rifle, spring or air gun at any location in said Town which is within 100 yards of any building without the permission of the owner or occupant.

3.    The provisions of this section shall not apply to a sheriff, constable, police officer or deputies on special assignment, military and National Guard personnel who discharge a firearm in the Town in the pursuit of their official duties.

4.    The Town Police Chief may grant a permit for the lawful use of a firearm, in areas not exempted under the previous subsections, such as for pest extermination, to any adult resident of the Town. Such permit shall be valid for a specified period.

5.    Any person violating this section shall, upon conviction thereof, forfeit not less than $5.00 nor more than $25.00, together with costs of prosecution, and in default of payment of said forfeiture and costs, shall be imprisoned in the county jail until the said forfeiture and costs are paid, not to exceed 10 days, except for violations under subsections (6) through (8) of this section.

6.    Pursuant to 2011 Wisconsin Act 35, a licensed individual may lawfully carry particular weapons in an open or concealed manner as long as there is no indication of a criminal or malicious intent. Persons prohibited from possessing a firearm under Wis. Stat. § 175.60(3) may be charged under this chapter if found possessing one within the Town of East Troy. The Town of East Troy expressly adopts and incorporates Wis. Stat. §§ 66.0409(3)(b) and 175.60 in their entirety.

7.    Firearms other than handguns, as defined in Wis. Stat. § 175.60(bm), while in a vehicle, must be transported in a fully enclosed case and in a fully unloaded state.

8.    All prohibited activity as outlined in Wis. Stat. § 175.60(16), is hereby adopted and incorporated herein by reference.

9.    All penalties for violating Wis. Stat. § 175.60, as outlined in Wis. Stat. § 175.60(17), shall apply for citations issued for violating provisions of this chapter adopting Wis. Stat. § 175.60.

10.    A person who does not carry or display a concealed carry license and photo ID as required by law may be ordered to forfeit not more than $25.00 except that a person is exempt from this penalty if he or she presents, within 48 hours of the request, his or her license document and photographic identification to the law enforcement agency who employs the officer who lawfully requested the documents pursuant to Wis. Stat § 175.60(17)(a).

11.    Public Policy. It is declared necessary in the interest of public safety, health, and welfare, and for the protection of persons and property, that the shooting of firearms, rifles, spring and air guns be regulated within the Town of East Troy.

12.    Shooting on Department of Natural Resources Property. This section is not applicable to land owned or leased by the Department of Natural Resources where hunting may be permitted.

13.    No Hunting or Trapping Permitted on Town Property. No person or persons may hunt or trap on any lands owned by the Town of East Troy. (Ord. 2019-3 § 1; Ord. 2016-9 § 1. 2008 code § 9.01)

9.05.020 Throwing or shooting of arrows, stones and other missiles prohibited.

No person shall throw or shoot any object, arrow, stone, snowball, or other missile or projectile, by hand or by any other means at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground, or other public place within the Town. (2008 code § 9.02)