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2016-631 ORDINANCE NO. 2016 -631 An amendment updating Janesville's knife ordinances to conform with newly revised state law, with penalties for violations thereof as set forth in JGO 9.84.050. THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS: SECTION I. 9.84.010 Prohibitions -- Exceptions— Definitions – state law incorporated 9.84.020 Selling prohibited when. 9.84.030 Possession of certain weapons prohibited by adult or child. 9.84.040 Possession of firearm and handgun – permitted – prohibited when. 9.84.050 Violation -- Penalty. 9.84.010 Prohibitions – Exceptions – Definitions – state law incorporated. A: Carrying dangerous or concealed weapons is permitted, except as prohibited by state law. Applicable state laws, as from time to time amended or renumbered, regulating guns, firearms, knives, and other weapons are adopted and incorporated by reference herein as if fully set forth verbatim. The carrying of firearms or weapons in City buildings contrary to JGO Chapter 9.88 is prohibited. prohibited. Carrying a cone tiled fir arm in C. "Concealed weapon" m ans and includes any dangerous w apon which is observation. Absolute invisibility is not nececeary to constitute a wgapon For statutory provisions concerning use and possession of w apons, see Wis. Stat. 1973 s. 911.20 et seq. * - - - - - - - -e--- - - - -- •--- _ , -- I • . _ _ . ' - . '• 11 . " - • e - e- _ _ _ • - - ns and includes any instrument which by its capabilities of use is liable to produce d ath or grgat bodily harm except a fir arm as defined handle or some other part of the knife and is commonly known as a switchblade knife, terms of the definitions in subsections C and D of this section. (Prior code c. 19.02(1)). E. "Firearm" m ans a w apon that acts by force of gunpowder. F. "Handgun" means any w apon de-signed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore. 9.84.020 Selling prohibited when. No person shall sell any firearm, blackjack, billy, bludgeon, crossknuckles, or knuckles of any metal, bowie knife, dirk knife, dirk, dagger, switchblade knife or any other knife having a blade three inches or longer to any minor in the city. In no case shall any person sell a switchblade knife or other knife, the blade of which manually. (Prior code s. 19.02(2)). 9.84.030 Possession of certain weapons prohibited — by adult or child. No person shall have in his possession at any time, whether concealed or visible, any switchblade button, or othcr device rather than manually. No person shall poscess, whether concealed or visible, any karate stick, karate club, or any similar instrument consisting of two straight bars, each less than twenty -five inches in length, jointed together by leather, cloth, metal hinge, or any other type of flexible joint. (Prior code s. 19.02(3)). 9.84.040 Possession of firearm and handgun — permitted — prohibited when. A. Carrying non - concealed firearms is permitted, except as prohibited in this Chapter in conformity with state law. No person, however, shall carry or possess a firearm or handgun contrary to Wisconsin Statutes, as from time to time amended or renumbered. B. No person shall place, possess, or transport a firearm,- in or on a motorboat with the motor running, unless the firearm is unloaded or is enclosed in a carrying case or as contrary to Section 167.31(2)(a) of the Wisconsin Statutes, as from time to time amended or renumbered. C. No person shall place, possess, or transport a firearm in or on a vehicle unless the firearm is unloaded and encased or is enclosed in a carrying case or contrary to Section 167.31(2)(b) of the Wisconsin Statutes, as from time to time amended or renumbered. D. No person shall possess a firearm if such person is under a court- ordered injunction or restraining order for domestic abuse, child abuse, or harassment or as contrary to Sections 813.12(4m), 813.122(5m), or 813.125(4m) of the Wisconsin Statutes, as from time to time amended or renumbered. E. No person shall endanger the safety of another by the negligent operation or handling of a firearm or as contrary to Section 941.20(1)(a) of the Wisconsin Statutes, as from time to time amended or renumbered. F. No person shall operate or go armed with a firearm while under the influence of an intoxicant or restricted controlled substance or as contrary to Sections 941.20(1)(b) or (bm) of the Wisconsin Statutes, as from time to time amended or renumbered. G. No person shall intentionally point a firearm at or toward another person or as contrary to Section 941.20(1)(c) of the Wisconsin Statutes, as from time to time amended or renumbered. H. No person shall go armed with a firearm in any building owned or leased by the state or any political subdivision of the state or as contrary to Section 941.235(1) of the Wisconsin Statutes as from time to time amended or renumbered. I. No person shall intentionally go armed with a handgun on any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125 of the Wisconsin Statutes or as contrary to Section 941.237(2) of the Wisconsin Statutes, as from time to time amended or renumbered. J. No person shall possess a firearm if such person has been convicted of a felony, adjudicated delinquent, found not guilty by reason of mental disease or defect, committed for treatment under ch. 51 of the Wisconsin Statutes, or is prohibited from possessing a firearm for any and all reasons or as contrary to Section 941.29 of the Wisconsin Statutes as from time to time amended or renumbered. K. No person under 18 years of age shall possess or go armed with a firearm contrary to Section 948.60 of the Wisconsin Statutes, or as from time to time amended or renumbered. L. No person shall knowingly possess a firearm at a place that the person knows, or has reasonable cause to believe, is a school zone contrary to Section 948.605 of the Wisconsin Statutes, as from time to time amended or renumbered. 9.84.050 Violation -- Penalty. Any person who violates any of the provisions of this chapter and /or contrary to state law shall forfeit and pay to the city a penalty not to exceed three hundred dollars ($300), together with the costs of prosecution for each offense, and in default of payment, the violator shall be imprisoned not more than sixty days. Each day's continuance of any v+elatiCn constitutes a separate offence. (Ord. 83 323 s. 1, 1983). ADOPTED: March 14, 2016 Motion by: Gruber Second by: Liebert APPROVED / Councilmember Aye Nay Pass Absent /�� Bobzien X q/ (� Deupree X Mar A. reitag, City Manage,� Farrell X Gruber X ATT ,1 / Liebert X Marklein X i Tidwell X Dave Godek, City Clerk- Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: City Attorney's Office Prepared by: City Attorney Wald Klimczyk