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2011-493 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(lm)(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). 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. I. "Weapon" shall mean electric weapon as defined in Wis. Stats. Sec. 941.925 as from time to time amended or renumbered, knife, billy club, and any pistol, gun, air rifle, air pistol, firearm, or other weapon for the discharge of bullets, projectiles or pellets, whether the bullets, projectiles or pellets are propelled by an explosion of gun powder or other explosion, or by a spring, air pressure, or other mechanical device, or propelled in any other manner. 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 10/2011) ADOPTED: October 10, 2011 Motion by: Liebert Second by: Rashkin APPROVED: Councilmember Aye Nay Pass Absent Brunner X Dongarra -Adams X Eric J. L- City Manager Liebert X ATTEST: McDonald X Rashkin X Vosku X Jea Wulf, City Clerk- Treasu r Steebe l X APPROVED AS TO FORM: - - - Wald Klimczyk, ity orney - Proposed by City Manager Prepared by: City Attorney ' = ``