No person shall, in a public or private place, engage in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which such conduct tends to cause or provoke a disturbance.
[Added 7-8-2003 by Ord. No. 2003-05; amended 11-14-2017 by Ord. No. 2017-04]
A. 
Loud and unnecessary noise prohibited. No person shall make or assist in making any noise tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof except as described in Subsection C.
B. 
Types of loud and unnecessary noises. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) 
Use of radios, sound systems and similar devices. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, sound system, meaning a phonograph, tape player, CD player, or other similar system, or other machine or device for the producing or reproducing of sound between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be unreasonably loud under the provisions as set forth in Subsection A above shall be prima facie evidence of a violation of Subsection A.
(2) 
Construction or repair of buildings and excavations. The erection, demolition, alteration or repair of any building, as well as the operation of any pile driver, motorized tools or equipment, derrick, motorized hoist, or any other similar equipment attended by loud or unusual noise, or the conduct of excavation operations, other than between the hours of 7:00 a.m. and 7:00 p.m. on a weekday or Saturday shall be prima facie evidence of a violation of Subsection A; provided, however, that the Village Manager shall have the authority, upon determining that the loss or inconvenience which would result to any party in interest would be extraordinary and of such nature as to warrant special consideration, to grant a permit for a period necessary within which time such work and operation may take place outside the hours prescribed above.
[Amended 8-14-2018 by Ord. No. 2018-07]
(3) 
Use of lawn equipment. The use of lawn equipment between the hours of 8:00 p.m. and 7:00 a.m. within the corporate limits of Fox Point shall be prima facie evidence of a violation of Subsection A.
(4) 
Discharge of exhausts. The discharge into the open air of the exhaust of any stationary internal combustion engine or motorboat, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, shall be prima facie evidence of a violation of Subsection A.
(5) 
Garbage collection. The collection of garbage from dumpsters on nonresidential properties outside the hours of 7:00 a.m. to 7:00 p.m. on weekdays and 9:00 a.m. to 5:00 p.m. on Saturday shall be prima facie evidence of a violation of Subsection A.
C. 
Exceptions. The provisions of this section shall not apply to:
(1) 
Any vehicle or equipment of the Village, county, state or other governmental entity having jurisdiction in the area, or utility, while engaged in necessary public business.
(2) 
The reasonable use of amplifiers or loudspeakers in the course of governmental or school activities which are noncommercial in nature.
(3) 
Reasonable vocal noise from or caused by persons attending government- or school-sponsored activities, or engaged in recreational use of public parks or pools.
(4) 
Noise that cannot be prevented and is necessary for the protection or preservation of property or the health, safety, life or limb of some person.
D. 
Any violation of this section shall be subject to the penalties and remedies as set forth in § 1-4 of the Village Code.
[Amended by Ord. No. 469]
A. 
It shall unlawful for any railroad company or railroad employee to blow any train whistle between the hours of 8:00 p.m. and 6:00 a.m. within the Village unless necessary to prevent immediate danger to life or property, and except that train whistles shall be blown at all hours on every southbound train even though within the Village as the train approaches and crosses East Dean Road.
B. 
In any prosecution of blowing a whistle at a prohibited time, the burden of proof shall be upon the defendant to show that immediate danger to life or property required the blowing of the whistle.
[Added by Ord. No. 464]
A. 
It is unlawful for any person to sell, expose or offer for sale, use, keep, discharge or explode any firecrackers, blank cartridges, toy pistols or cannons, toy canes, or cannons in which explosives are used, contrivances using explosive caps or cartridges, sparklers, display wheels, the type of balloon which requires fire underneath to propel the same, torpedoes, skyrockets, Roman candles, aerial salutes, American or Chinese bombs or other fireworks of like construction, or any fireworks containing any explosive or flammable compound, or any tablets or other devices commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulphides of lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorous or any compound containing any of the same or other modern explosives, within the Village of Fox Point, except as hereinafter provided.
B. 
Nothing herein contained shall prohibit the use of fireworks other than those prohibited by Subsection G for pyrotechnic displays given by public authorities, fair associations, amusement parks, park boards, civic organizations or groups of individuals that have been granted a permit for such display by the Village Manager upon confirmation by the Chief of Police and Chief of the North Shore Fire Department, or their designate, that such use of fireworks or displays will not present an unreasonable risk to the public health, welfare or safety.
[Added 4-11-2000 by Ord. No. 2000-04]
C. 
The Village President may require an indemnity bond with good and sufficient sureties for the payment of all claims that may arise by reason of injuries to person or property from the handling, use or discharge of fireworks under such permit. Such bond, if required, shall be taken in the name of the Village of Fox Point, and any person injured thereby may bring an action on said bond in his own name to recover the damage he has sustained, but the aggregate liability of the surety to all persons shall in no event exceed the amount of such bond. The bond, if required, together with a copy of the permit shall be filed in the office of the Village Clerk/Treasurer.
D. 
Nothing herein contained shall prohibit the use or sale of blank cartridges for circus or theatrical purposes, or signal purposes in athletic contests or sports events, or use by militia, police or military organizations; nor the use or sale of colored flares or torpedoes for railway, aircraft, or highway signal purposes.
E. 
Nothing in this section shall be construed to prohibit any resident wholesaler, dealer or jobber from selling fireworks other than those prohibited by Subsection G at wholesale, but only when the same are shipped or delivered directly outside of the State of Wisconsin or to an organization or group granted a permit under this section.
F. 
The following provisions shall apply to places where fireworks are stored or handled:
(1) 
Such premises shall be equipped with fire extinguishers approved by the Chief of the Police Department.
(2) 
Smoking is prohibited where fireworks are stored or handled.
(3) 
It is hereby made the duty of every wholesaler, dealer or jobber keeping, storing or handling, within the Village, fireworks of any description, to notify the Chief of the Police Department immediately of the receipt of such fireworks, or the removal thereof from one location to another, and the location where such fireworks are stored. No such fireworks shall be stored in any building used for dwelling purposes or in any building situated within 50 feet of any building used for dwelling purposes, or in places of public assemblage, or within 50 feet of any gasoline pump, gasoline filling station or gasoline bulk station, or any building in which gasoline or volatile liquid is sold in quantities in excess of one gallon.
G. 
Under no circumstances shall any person sell, keep for sale, manufacture or bring into the Village for use therein any fire balloon, mortars, except mortars used for special display purposes, or cannon, or any explosive cane, toy pistol, toy revolver or other contrivance using explosive caps or cartridges, any Chinese firecrackers more than two inches in length or more than three-eighths inch in diameter, outside measurements of container, or any article containing a compound of mercury or yellow phosphorous.
H. 
A parent or legally appointed guardian of any minor who shall knowingly permit such minor to purchase or have in his possession or to discharge any fireworks forbidden by this section shall be deemed to have violated this section, and such parent or guardian shall be personally liable for any damage caused by such possession or discharge of fireworks.
I. 
The prohibitions provided in this section shall not apply to toy pistols, toy canes, toy guns or other devices in which paper caps manufactured in accordance with the United States Interstate Commerce Commission regulations for packing and shipping of toy paper caps are used or to toy pistol paper caps so manufactured, the sale and use of which shall be permitted at all times.
J. 
The prohibitions provided in this section shall not apply to gold-star-producing sparklers on wires which contain no magnesium, chlorate or perchlorate and toy snakes which contain no mercury; the sale and use of which shall be permitted at all times.
K. 
The prohibitions provided in this section shall not apply to smoke novelties and party novelties which contain less that one-quarter grain of explosive mixture.
[Added by Ord. No. 357]
No person shall make, carry, possess, sell, give, or use any type of fire and explosive creating device which is defined to mean a flammable-liquid filled bottle or container with a fuse, wick, or any other type of ignition or detonating device, flammable liquid fire bomb or any other device or missile which can be ignited and cause ignition of any premises or material or which can cause damage by explosion.
[Amended by Ord. No. 513[1]]
A. 
For the purpose of this section, "grounds" includes, without limitation, real property and any tree, shrub, bush, sod, or other vegetation.
B. 
Public buildings and property. No person shall intentionally damage, harm, deface, soil, or mar any building, grounds, or property owned, possessed, or controlled by the Village or other governmental unit or subdivision.
C. 
Private buildings and property. No person shall intentionally and without the owner's consent damage, harm, deface, soil, or mar any privately owned building, grounds, or property.
D. 
Vehicles. No person shall intentionally and without the consent of the owner, damage, harm, deface, soil, or mar any vehicle, privately or publicly owned, whether located on public or private property.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added by Ord. No. 481; amended 9-26-1989 by Ord. No. 89-564;4-11-2023 by Ord. No. 2023-02]
A. 
Unlawful use of telephone.
(1) 
No person shall, by means of a telephone call originating within or received within the Village of Fox Point:
(a) 
With intent to frighten, intimidate, threaten, abuse or harass, make a telephone call and threaten to inflict injury or physical harm to any person or the property of any person.
(b) 
With intent to frighten, intimidate, threaten or abuse, telephone another and use any obscene, lewd or profane language or suggests any lewd or lascivious act.
(c) 
Make a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to abuse or threaten any person at the called number.
(d) 
With intent to harass or offend, telephone another and use any obscene, lewd or profane language or suggest any lewd or lascivious act.
(e) 
Make or cause the telephone of another repeatedly to ring, with intent to harass any person at the called number.
(f) 
Make repeated telephone calls, whether or not conversation ensues, with intent solely to harass any person at the called number.
(g) 
Make a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to harass any person at the called number.
(h) 
Knowingly permit any telephone under his or her control to be used for any purpose prohibited by this section.
(i) 
Utilize the 911 emergency telephone number system for any purpose other than to report an emergency or to report an emergency knowing that in fact the situation which he or she reports does not exist. An "emergency" is when an immediate response by public safety personnel is essential and an existing or very probable situation exists of bodily harm or life-threatening illness or condition, or property damage or loss, or escape of a suspect in a criminal offense or its municipal offense counterpart.
B. 
Unlawful use of computerized communication systems.
(1) 
In this section, "message" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature, or any transfer of a computer program, as defined in Wis. Stats. § 943.70(1)(c).
(2) 
Whoever does any of the following is guilty of a violation of this section:
(a) 
With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message to the person on an electronic mail or other computerized communication system and in that message threatens to inflict injury or physical harm to any person or the property of any person.
(b) 
With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and, in that message, threatens to inflict injury or physical harm to any person or the property of any person.
(c) 
With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(d) 
With intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(e) 
With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.
(f) 
While intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.
(g) 
With intent to harass, annoy or offend another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(h) 
With intent to harass, annoy or offend another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(i) 
With intent solely to harass another person, sends repeated messages to the person on an electronic mail or other computerized communication system.
(j) 
With intent solely to harass another person, sends repeated messages on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the messages.
(k) 
With intent to harass or annoy another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.
(l) 
While intentionally preventing or attempting to prevent the disclosure of his or her identity, and with intent to harass or annoy another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.
(m) 
Knowingly permits or directs another person to send a message prohibited by this section from any computer terminal or other device that is used to send messages on an electronic mail or other computerized communication system and that is under his or her control.
C. 
Harassment.
(1) 
In this subsection:
(a) 
"Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
(2) 
Whoever, with intent to harass or intimidate another person, does any of the following is in violation of this section.
(a) 
Engages in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.