Gun-carry ordinance put on hold in Milton

By STACY VOGEL
Wednesday, June 17, 2009

Other business


The Milton City Council on Tuesday reviewed a letter from the state Department of Natural Resources concerning United Ethanol, 1250 Chicago St.

The city has requested the DNR several times to conduct an "odor survey" around the plant because of complaints from neighbors about the smell. According to state law, if 60 percent of neighbors surveyed find the plant's odor objectionable, the DNR can take action against it.

But the DNR has plenty of other reasons to take action against the plant, according to the letter from staff attorney Thomas Steidl. The department has been in an "enforcement action" with the plant for the past year after a DNR report listed 170 alleged permit violations at the plant.

"In this case, we have well-documented reasons to pursue enforcement action, so conducting an odor survey would not be a prudent use of limited staff resources," Steidl wrote.

Mayor Tom Chesmore said he's satisfied the DNR is paying attention.

"The DNR obviously has United Ethanol on their radar," he said before the council meeting.

MILTON — Some Milton City Council members have mixed feelings about a proposed change to its gun-carry ordinance, but the state isn't giving them much choice, members said.

The council tabled a first reading Tuesday of an ordinance that would allow residents to openly carry guns in public.

Mayor Tom Chesmore said the item was tabled until the next meeting because the public safety committee wasn't ready to give a recommendation. He said he hoped to hear that recommendation at the next meeting.

The ordinance would bring Milton in line with state and federal guidelines, Police Chief Jerry Schuetz said.

Current city ordinance says you can't carry guns anywhere, even on your own property, he said.

But an opinion released in April by Attorney General J.B. Van Hollen says people have the right to openly carry weapons.

"The Department of Justice believes that the mere open carrying of a firearm by a person, absent additional facts and circumstances, should not result in a disorderly conduct charge from a prosecutor," he wrote.

The opinion followed the case of a West Allis man ticketed on a disorderly conduct charge while doing yard work with a holstered gun. He was acquitted in February.

The proposed Milton ordinance would prohibit carrying guns in public buildings, school zones and places where alcohol is sold and consumed. Private property and business owners also would be able to prohibit guns on their property, Schuetz said.

That leaves open public areas such as sidewalks and parks and private property where the owners haven't prohibited guns.

Residents still would not be able to fire guns anywhere except shooting ranges and would not be able to carry concealed guns.

Wisconsin and Illinois are the only states in the country that don't allow concealed gun carry.

Council member David Adams said he's uncomfortable with the proposed ordinance but doesn't think the council has a choice.

"I have nothing against hunters and that, but this is a ridiculous extreme," he said. "What on earth does anybody have to carry a weapon for? I can't think of a good reason."

Brett Frazier said the ordinance balances public safety with the people's right to bear arms.

"Everyone feels it's sort of staying within the spirit of that (attorney general) opinion but also making sure that we've laid out specifically where you are absolutely not allowed to carry guns," he said.

Frazier said he's a little concerned about the increasing drug problem in Milton and how the carrying of guns might affect that. On the other hand, law-abiding people should be able to own and carry weapons, he said.

But he doesn't think many people carry guns in Milton, anyway, he said.

"I don't know how many people have gone walking down the streets of Milton with a gun in a holster, but I haven't heard of any," he said.


Published at: http://www.GazetteXtra.com/news/2009/jun/17/gun-carry-ordinance-put-hold-milton/