VILLAGE OF NORTH HUDSON: ORDINANCE NO. 12-2009

(Pub. Aug. 13)

AN ORDINANCE AMENDING THE MUNICIPAL CODE FOR THE VILLAGE OF NORTH HUDSON, WISCONSIN

WHEREAS, the Board of Trustees of the Village of North Hudson wish to amend Chapter 70 Offenses and Miscellaneous Provisions, Section 70-5 Shooting or throwing of arrows, pellets and other missiles or projectiles prohibited, of the Village of North Hudson Municipal Code. (Deleted language is struck through, amended language is underlined.)

NOW THEREFORE, the Board of Trustees of the Village of North Hudson do ordain as follows:

Sec. 70-5. Shooting or throwing of arrows, pellets and other missiles or projectiles prohibited.

(a) No person shall have in his possession within the village any air- or gas-propelled rifle or pistol, archery bow, archery arrows, slingshot or other article designed to propel any type of missile or projectile unless such rifle or pistol is unloaded and enclosed in a carrying case or other suitable container, such archery bow is unstrung or enclosed in a carrying case or other suitable container, such archery arrows are in a quiver or other suitable container, such slingshot is unstrung, or such other article is rendered incapable of being readily operable. These restrictions shall not apply on licensed target ranges under subsection (c) of this section to the extent of weapons designed to propel the projectiles as specified in the permit for such range. These restrictions shall not apply to persons participating in a board approved deer management program under subsection (e) of this section.

(b) No person shall shoot, throw or propel in any other manner by hand or by any other means any pellet, BB, arrow or any other missile or projectile within the village, except upon licensed target ranges under subsection (c) to the extent of projectiles as specified in the permit for such range. These restrictions shall not apply to persons participating in a board approved deer management program under subsection (e) of this section.

(c) The board may grant conditional use permits allowing safely designed target ranges upon the applicant’s property upon which such projectiles as specified in the permit may be shot or thrown in the manner and during the dates and hours specified in the permit. Any such target range shall be immediately closed upon order of the police chief if used in any manner contrary to the permit or which endangers any person or property of any person. Such order may be appealed to the board, but such target range shall remain closed unless and until such appeal is determined in favor of the permittee. In addition to or in lieu of immediate closure of such target range, the permittee and any other person may be prosecuted for violation of such permit or of any applicable section of this Code or any other statute, ordinance or regulation of the state or the county.

(d) No parent or guardian or other person having permanent or temporary custody or supervision of a minor shall allow such minor to possess or use any air- or gas-propelled rifle or pistol, archery bow, archery arrows, slingshot or other article designed to propel any type of missile or projectile within the village in violation of subsections (a) and (b).

(e) Subject to sub paragraphs 1 and 2 below, the village board may grant permission to individuals and/or groups to discharge a bow and arrow in conjunction with participation in a deer management program to hunt deer within the village limits; any such hunt may be archery only. Each individual hunter, whether acting alone or as part of a group, must apply to the village clerk and sign a waiver provided by the clerk. The clerk will place the application on the earliest available board agenda for board approval or denial. The board may set any conditions on any hunter or group of hunters as the board feels are necessary to protect the health, safety, and general welfare of the public. The hunt is subject to all State of Wisconsin DNR Hunting Regulations.

1. Any hunter participating in such a hunt shall immediately cease hunting upon order of a police officer if, at the discretion of said officer, the hunter is hunting in any manner contrary to law or which endangers any person or property. Any hunter receiving such an order may no longer discharge a bow and arrow or participate in any deer management plan activities within the village. Any such police order may be appealed to the village board within 30 days of the issuance of such an order. Such appeal shall be in writing and given to the village clerk within 30 days of the order. The village clerk shall place the matter on the earliest available board agenda. The village board shall review the appeal and make a final determination.

2. The police department shall perform a background check of each individual, whether acting alone or as part of a group, who applies for permission to discharge a bow and arrow in conjunction with participation in a deer management plan within the village limits. The police department shall supply the village clerk with a report and recommendation on the applicant. The review by the police department shall be in accordance with guidelines established by the village board. Based on the police department recommendation, the village clerk may issue a provisional denial of permission to participate in a deer management plan, subject to board review. If the individual does not appeal the provisional denial, it shall become permanent after 30 days. Any applicant denied permission to participate in a deer management plan by the village clerk shall have the right to appeal the denial to the village board. Such appeal shall be in writing and given to the village clerk within 30 days of the denial. The village clerk shall place the matter on the earliest available board agenda. The village board shall review the applicant’s request and make a final determination.

Adopted by the Village Board this 4th day of August 2009.

VILLAGE OF NORTH HUDSON

By: George Klein, President

Attest: Becky Milbrandt, Clerk

Tags: public notices, ordinances and resolutions