#7 Introduce & schedule public hearing prohibiting firearms in city buildings (File Ord. #2011-493)
CITY ATTORNEYS OFFICE MEMORANDUM
June 30, 2011
TO: City Council
FROM:Wald Klimczyk, City Attorney
Becca Smith, Management Analyst
Tim Wellnitz, Assistant City Attorney
SUBJECT: Introduce and schedule a public hearing on a proposed ordinance
prohibiting the possession of any firearm in any City building or structure
except as allowed by law for sworn law enforcement and peace officers,
with penalties for violations thereof as set forth in JGO (File Ordinance
2011-493)
Request
Councilmembers Sam Liebert and Yuri Rashkin requested that the Administration draft
a policy prohibiting firearms within the Municipal Building. Staff expanded the proposed
policy to include other city facilities and recommends an ordinance be established,
instead of a policy statement. Ordinances apply and can be enforced against all
persons violating the provision(s). City Policies would apply only to staff.
Staff Recommendation
If the Council desire to approve or review this ordinance, staff recommends that on
Monday, July 11, 2011, the ordinance be introduced and set for a public hearing and
action on Monday, July 25, 2011.
Police Department Comments & Recommendation
Police Chief Dave Moore concurs in this approach.
City Manager Recommendation
The City Manager concurs with the approach outlined in the proposed Ordinance.
File Ordinance No. 2011-493
Proposed File Ordinance No. 2001-493 prohibits individuals from bringing concealed
and non-concealed firearms into buildings and structures owned, occupied, or controlled
by the City of Janesville, including the Municipal Building and Hedberg Public Library.
Individuals would be able to have firearms on the city-owned bike trail or in open spaces
within the park system as provided by state law.
This ordinance exempts sworn Wisconsin or Federal law enforcement or police officers
from the ordinance prohibition against all firearms and weapons.
This ordinance also exempts any City property where this ordinance is not “signed” so
as to provide notice that firearms are prohibited.
Individuals found possessing firearms on City property may be penalized a forfeiture
penalty ranging from $200-$10,000, plus the customary court costs, fees, and
assessments added to forfeitures by state law (“the costs of prosecution.”)
Pros & Cons of Approving Ordinance 2011-493
Pros:
1. Public may feel safer, more welcomed and less intimidated if they know firearms
are not present at city facility;
2. There will be less opportunity for firearms accidents if they are not as prevalent at
city facilities;
3. This will make the policy in other city buildings consistent with the prohibition in
state law for carrying firearms in a police building.
Cons:
1. This ordinance is different than the state law policy adopted by the Wisconsin
legislature which generally allows individuals to openly carry a firearm or carry a
concealed firearm with a permit.
CC: Eric Levitt, City Manager
Jacob J. Winzenz, Director of Administrative Services/Assistant City Manager
ORDINANCE NO. 2011 - 493
An ordinance prohibiting the possession of any firearm in any City building or structure except as allowed by
law for sworn law enforcement and peace officers, with penalties for violations thereof as set forth in
JGO 9.88.040.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Chapter 9.88 of the Code of General Ordinances of the City of Janesville is hereby created to
read as follows:
“Chapter 9.88
NO FIREARMS OR WEAPONS INSIDE CITY BUILDINGS
Sections:
9.88.010
Prohibition.
9.88.020
Exceptions.
9.88.030
Definitions.
9.88.040
Violation--Penalties.
9.88.010 Prohibition.
A. No person may possess or bring any concealed or unconcealed firearm
or weapon into or upon any City owned, occupied, or controlled building or structure at any time.
B. No person may cause any concealed or unconcealed firearm or weapon to be brought into or present
upon any City owned, occupied, or controlled building or structure at any time.
9.88.020 Exceptions. A.
The prohibitions set forth in JGO 9.88.010 do not apply to sworn
Wisconsin or Federal law enforcement or police officers.
B. The prohibitions set forth in JGO 9.88.010 do not apply to City owned, occupied, or controlled
buildings or structures not containing a “sign” as defined in this Chapter.
9.88.030 Definitions
.
A. “Building” shall have the meaning as set forth in JGO 18.20.090, as from time to time amended or
renumbered, to-wit: “…any structure built for the support, shelter, or enclosure of persons, chattels,
or movable property of any kind and which is permanently affixed to the land but shall not include
fences.” Buildings shall include each City owned, occupied, or controlled building and structure as
contemplated by, but not limited to, those enumerated and described in Wis. Stats. Section.
943.13(1m)(c) 4., as from time to time amended or renumbered, that contain a “sign” providing
notice of the prohibitions.
B.“City” shall mean the City of Janesville, a Wisconsin municipal corporation.
C.“Federal” shall mean employed by the United States of America or a Federal agency.
D.“Firearm” shall mean all weapons that act by force of gunpowder within the scope of Wis. Stats.
Sec. 167.31(1)(c) and shall also include all devices, items, and weapons enumerated in JGO 9.87.010
such as bows, etc., both as from time to time amended or renumbered.
E. “Law enforcement officer” shall mean those defined as “Police Officers.”
F. “Police Officer” shall mean any sworn: City of Janesville police officer, Rock County sheriff,
undersheriff, deputy sheriff, game warden, state patrol officer, state game warden, other sworn
Wisconsin law enforcement officer, or sworn Federal law enforcement agent.”
G. “Sign”, “signs,” and “signed” shall mean City Manager authorized written information that provides
notice of the prohibitions set forth in this Chapter prominently posted near all of the entrances open
to the public for that building so that any individual entering the building can be reasonable expected
to see the notice “sign” or “signs.” See also: Wis. Stats. 943.13(2)(bm) 2., am., as from time to time
amended or renumbered for guidance as to notice and signs.
H.“Structure” shall have the meaning as set forth in JGO 18.20.860, as from time to time amended or
renumbered, to wit: “… anything constructed or erected, the use of which requires a more or less
permanent location or which is attached to something having a permanent location on or in the
ground, a stream bed or lake bed.” Structures shall include, but not be limited to, each City owned,
occupied, or controlled building and structure, all other City owned buildings and structures as
contemplated by, but not limited to, those enumerated and described in Wis. Stats. Section.
943.13(1m)(c) 4., as from time to time amended or renumbered, that contain a “sign” providing
notice of the prohibitions.
9.88.040 Violations – Penalties.
A. Any person who violates any of the provisions of
this chapter shall forfeit and pay to the city a penalty of not less than Two Hundred Dollars ($200) and not to
exceed Ten Thousand Dollars ($10,000) per weapon per incident, together with the costs of prosecution for
each offense, and in default of the payment of such forfeiture penalty, the violator shall be subject to the
remedies available to a court by law and/or equity for failure to pay imposed forfeitures, including, but not
limited to, imprisonment in the Rock County for not more than one hundred eighty (180) days.
B. In addition to the penalties set forth in subsection A., the offending firearm(s) and/or weapon(s)
shall be seized by the Janesville police and forever forfeited to the State Crime Laboratory.”
(adopted 07/2011)
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
Dongarra-Adams
Eric J. Levitt, City Manager
Liebert
McDonald
ATTEST:
Rashkin
Steeber
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Wald Klimczyk, City Attorney
Proposed by: City Manager
Prepared by: City Attorney