An ORDINANCE TO AMEND ORDINANCE 10.10 BY REMOVING SECTION 3 PROHIBITING RIFLE USE DURING DEER GUN SEASONS.
10.10 REGULATION OF DISCHARGE OF FIREARMS
(1) DEFINITIONS.
(a) TOWN means the Town of Dunkirk
(b) FIREARM has the meaning specified in s. 167.31 (1)(c), Wis. Stats.
(c) RIFLE for the purposes of this ordinance means a firearm or airgun designed to be fired from the shoulder by the energy of an explosive propellant or by compressed air, used to fire a single projectile for each pull of the trigger through a rifled or smooth barrel. This includes any firearm having a grooved (i.e. rifled) barrel that, upon discharge, projects a round or elongated projectile. For the purposes of hunting deer, muzzle-loading firearms and shotguns which fire a single projectile are not considered rifles. A shotgun of IO-gauge, 12-gauge, 20-gauge, or 41O-gauge being operated with a rifled barrel for the discharge of shotgun slugs shall not be considered to be a rifle under this ordinance.
(d) MUZZLE-LOADER means any smoothbore muzzle-loading firearm of not less than .45 caliber and any rifled muzzle-loading firearm of not less than .40 caliber, discharged from the shoulder and muzzle-loading handguns not less than .44 caliber with a minimum barrel length of 7 inches measured from muzzle to breech face that fire a single projectile weighing not less than 138 grains.
(e) SHOTGUN means a smoothbore barreled firearm designed to shoot pellets. Rifled shotgun barrels of at least 18 inches in length are considered to be shotguns if they fire a single projectile and are of the following gauges: 10, 12, 16, 20, 28.
(f) SPORT SHOOTING RANGE means an area within a bona fide business or club or association that is designed, equipped and operated for the practice of weapons used in hunting, skeet shooting and similar sport shooting.
(3) RIFLE PROHIBITION
(Repealed 11/02/2026)
(4) DISCHARGE OF FIREARMS NEAR HIGHWAYS OR TOWN OWNED LAND
(a) No person shall discharge, or cause the discharge of any firearm across any Town highway or within 50 feet of the center of any roadway in the Town.
(b) No person shall discharge any firearm on any property owned by the Town.
(5) EXCEPTIONS
Unless otherwise indicated, the prohibitions of this ordinance shall not apply to:
(a) Any peace officer(s) in the performance of his, her, their duties.
(b) Any member of the U. S. armed forces or the national guard in the performance of his, her, their duties.
(c) Any private security person as defined in s. 440.26(1m)(h), Wis. Stats., who meets all of the requirements under s. 167.31(4)(a)(4), Wis. Stats.
(d) Activities upon any bona fide Sport Shooting Range.
(e) Any property owner or adult occupant of any real estate within the Town may discharge any rifle upon the premises so owned or occupied as aforesaid, provide such discharge is for the sale purpose of protection of life, subject to s. 939.48, Wis. Stats., and property subject to s. 939.49, Wis. Stats.
(6) PENALTY FOR VIOLATION
Any violation of this section shall be subject to a forfeiture of not less than $200.00 nor more than
$500.00, together with any and all applicable court costs, fees and costs of prosecution.
(7) SEVERABILITY
In the event that any section of this ordinance shall be declared or adjudged by a court of
competent jurisdiction to be invalid or unconstitutional, such adjudication shall in no manner affect the
other sections of this ordinance, which shall be in full force and effect as if the said section(s) were not
originally a part thereof.