Protection and Welfare Committee

City of Oconomowoc Protection & Welfare Committee Aldermen: Schellpeper, Chairman / Ellis, Secy / Douglas Tuesday, May 03, 2022 - 5:45 PM City Hall - Council Chambers 174 E. Wisconsin Ave. Oconomowoc, WI 53066 (or immediately following Finance) Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in accessible format, call the City Clerk at least 48 hours prior to the meeting to request adequate accommodations. Tel: (262) 569-2186. 1. Call to order and confirmation of appropriate meeting notification 2. Committee Business a. Consider/recommend Ordinance 22-O1033 Repealing Section 9.02 (2)(b) of the City of Oconomowoc Municipal Code Regarding Conceal Carry in City Buildings 3. Adjourn ________________________________ Diane Coenen, City Clerk City of Oconomowoc Notice is hereby given that a majority of the Common Council will be present at the above scheduled meeting to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the Common Council pursuant to State ex rel. Badke v. Greendale Village Board, 173Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the Common Council will not take any formal action at this meeting. 1  MEMORANDUM PUBLIC WORKS Date: May 3, 2022 To: Mayor, Protection and Welfare Committee and Common Council From: Mark Frye, City Administrator/Director of Public Works Re: Consider/act on Ordinance 22-O1033 to Repeal Section 9.02 (2)(b) of the City of Oconomowoc Municipal Code Regarding Concealed Carry in Public Buildings. RELATES TO THE STRATEGIC PLAN Strategic Plan: Section V: Enhance the Effectiveness of Our City Government Objective A: Develop/Update/Maintain City Ordinances/Policies Task 1: City Ordinances Update/Review BACKGROUND An Aldermanic request was made to repeal section 9.02 (2)(b) shown below. 9.02 - DISCHARGING AND CARRYING WEAPONS. (Rep. & recr. #10-O776) (1) PROHIBITED. (Am. #11-O809) No person, except an authorized police officer, shall discharge any firearm, spring gun or air gun within the City. This prohibition shall not apply to a shotgun, muzzle loader, bow, crossbow, or other like weapons or instruments, air rifle, pellet gun, or like instruments, provided the use thereof complies with the requirements of subsections (4)(a) through (c) below. (2)PERMITTED. (Am. #11-O809; Am. #14-O856; Am. #16-O892) Any person may possess, openly or concealed, carry or bear any weapon, knife or firearm or facsimile firearm, or have under his or her control any weapon, knife, firearm or facsimile firearm, on any public street, sidewalk, boulevard, boardwalk, alley, public parking lot, or park if he or she complies with this section or the Wisconsin Statutes and Administrative Code sections specifically adopted under this section, with the exception of the following: (a) May not openly possess a weapon, knife or firearm within any public building owned by the City, which is similar to §941.235, Wis. Stats. (Am. #16-O892) (b) May not conceal carry a weapon, knife or firearm within any public building owned by the City, which is similar to §941.235, Wis. Stats. (Am. #16-O892) The repeal of this section would allow those who are legally permitted to conceal carry a weapon, knife or firearm within any public building owned by the City of Oconomowoc. This does not include the Library or Police Department. 1 2 ADDITIONAL ANALYSIS We researched the same municipalities as we did for terms of the elected officials to see if they allowed for concealed carry in Public Buildings. As noted in the list shown below, we were able to determine by an internet search of their ordinances that 17 do not allow for concealed carry in Public Buildings, two allow it and we couldn’t find wording in the ordinances of the remaining 13. Municipality Ordinance to allow conceal carry in Public Building Berlin Didn’t see any documentation regarding firearms Brookfield No concealed carry in City Buildings Delafield No concealed carry in City Buildings De Pere No concealed carry in City Buildings Fitchburg No concealed carry in City Buildings Franklin Didn’t see any documentation regarding firearms Greenfield Didn’t see any documentation regarding firearms Green Lake No concealed carry in City Buildings Jefferson No concealed carry in City Buildings Kenosha No concealed carry in City Buildings Kewaunee Didn’t see any documentation regarding firearms Manitowoc Didn’t see any documentation regarding firearms Marshfield No concealed carry in City Buildings Medford Didn’t see any documentation regarding firearms Mequon Didn’t see any documentation regarding firearms Monona No concealed carry in City Buildings New Berlin No concealed carry in City Buildings Oak Creek No concealed carry in City Buildings Pewaukee Didn’t see any documentation regarding firearms Reedsburg Didn’t see any documentation regarding firearms Richland Center Didn’t see any documentation regarding firearms Sparta No concealed carry in City Buildings Stoughton No concealed carry in City Buildings Sturgeon Bay No concealed carry in City Buildings Sun Prairie Didn’t see any documentation regarding firearms Superior No concealed carry in City Buildings Tomah Didn’t see any documentation regarding firearms Waterloo No concealed carry in City Buildings 2 3  Watertown No concealed carry in City Buildings Waukesha Yes West Bend Yes, except Council meetings, court and Police Department Wisconsin Dells Didn’t see any documentation regarding firearms A discussion with the Department Heads indicated that eight of the nine where neutral on the topic. Some did ask about allowing employees to conceal carry but that is not part of this item for discussion and recommendation. FINANCIAL IMPACT N/A RECOMMENDATION N/A SUGGESTED MOTION If in Favor of the change: Suggested Common Council Motion: Motion to adopt Ordinance 22-O1033 to repeal Section 9.02 (2)(b) of the Municipal Code concerning the conceal carry of a weapon, knife or firearm within any public building owned by the City of Oconomowoc. If Not in Favor: No action necessary. Z:\City Administrator\Council Agenda\Concealed Carry\Background Memo for Ordinance 22-O1033 Repeal Section 9.02 (2)(b).docx 3 4 STATE OF WISCONSIN CITY OF OCONOMOWOC WAUKESHA COUNTY ORDINANCE NO. 22-O1033 ORDINANCE TO REPEAL SECTION 9.02 (2)(b) OF THE CITY OF OCONOMOWOC MUNICIPAL CODE CONCERNING CONCEALED CARRY OF A WEAPON, KNIFE OR FIREARM WITHIN ANY PUBLIC BUILDING OWNED BY THE CITY WHEREAS, the Protection and Welfare Committee recommends repealing the probation to conceal carry a weapon, knife or firearm within any public building owned by the City; and WHEREAS, section 9.02 (2)(B) of the Municipal code needs to be repealed for this change; and WHEREAS, the Common Council hereby intends to adopt the recommendations of the Protection and Welfare Committee in this regard. NOW THEREFORE, the Common Council of the City of Oconomowoc, Waukesha County, Wisconsin, does hereby ordain as follows: SECTION 1: Chapter 9.02 (2)(B), of the City of Oconomowoc Municipal Code, is hereby amended as follows: 9.02 - DISCHARGING AND CARRYING WEAPONS. (Rep. & recr. #10-O776) (1) PROHIBITED. (Am. #11-O809) No person, except an authorized police officer, shall discharge any firearm, spring gun or air gun within the City. This prohibition shall not apply to a shotgun, muzzle loader, bow, crossbow, or other like weapons or instruments, air rifle, pellet gun, or like instruments, provided the use thereof complies with the requirements of subsections (4)(a) through (c) below. (2)PERMITTED. (Am. #11-O809; Am. #14-O856; Am. #16-O892) Any person may possess, openly or concealed, carry or bear any weapon, knife or firearm or facsimile firearm, or have under his or her control any weapon, knife, firearm or facsimile firearm, on any public street, sidewalk, boulevard, boardwalk, alley, public parking lot, or park if he or she complies with this section or the Wisconsin Statutes and Administrative Code sections specifically adopted under this section, with the exception of the following: (a) May not openly possess a weapon, knife or firearm within any public building owned by the City, which is similar to §941.235, Wis. Stats. (Am. #16-O892) (b) May not conceal carry a weapon, knife or firearm within any public building owned by the City, which is similar to §941.235, Wis. Stats. (Am. #16-O892) SECTION 2: SEVERABILITY. The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and shall not affect the validity of any other provisions, sections or portions thereof of the ordinance. The remainder of the ordinance shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. 1 5 SECTION 3: EFFECTIVE DATE. This ordinance shall take effect immediately upon passage and posting or publication as provided by law. DATED: ______________________ CITY OF OCONOMOWOC By: ______________________________ Robert P. Magnus, Mayor ATTEST: _______________________________ Diane Coenen, City Clerk Published and/or posted this ____ day of ______________________, 2022. Z:\City Administrator\Council Agenda\Concealed Carry\Ordinance 22-O1033 Repeal Section 9.02 (2)(b) Concealed Carry in Public Buildings.docx 2 6