[HISTORY: Adopted by the Village Board of the Village of Fremont 5-27-1986 by Ord. No. 86-1 as Secs. 9.01, 9.02, 9.03, 9.04, 9.06, 9.07, 9.11, 9.13, 9.14, 9.16, 9.17, 9.18, 9.21 and 9.25 of the 1986 Municipal Code. Amendments noted where applicable.]
[Amended by Ord. No. 97-2; Ord. No. 99-6; Ord. No. 00-2; Ord. No. 04-8]
The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Village, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, General Provisions, Article I, Construction and Penalties, of this Code.
Wis. Stats.
Subject
§ 346.935
Intoxicants in motor vehicles
§ 939.22
Criminal damage or threat to damage, property of a witness
§ 940.19(1)
Battery
§ 940.201
Battery or threat to witness
§ 940.225(3m)
Sexual assault or sexual contact
§ 940.34
Duty to aid victim or report crime
§ 941.01
Negligent operation of vehicle
§ 941.30
Recklessly endangering safety
§ 941.10
Negligent handling of burning materials
§ 941.12
Interfering with firefighting
§ 941.13
False alarms
§ 941.20
Endangering safety by use of dangerous weapon
§ 941.21
Disarming a peace officer
§ 948.60
Possession of a dangerous weapon by a person under 18
§ 941.23
Carrying concealed weapon
§ 941.24
Possession of switch blade knife
§ 941.35
Emergency telephone calls
§ 941.37
Obstructing emergency or rescue personnel
§ 942.08
Invasion of privacy
§ 943.01(1)
Damage to property
§ 943.06
Molotov cocktails
§ 943.11
Entry into locked vehicle
§ 943.125
Entry into locked coin box
§ 943.13
Trespass to land
§ 943.14
Criminal trespass to dwellings
§ 943.15
Entry onto a construction site or into a locked building, dwelling or room
§ 943.20
Theft
§ 943.201
Unauthorized use of an individual's personal identifying information or documents
§ 943.22
Use of cheating tokens
§ 943.24
Issue of worthless checks
§ 943.34(1)
Receiving stolen property
§ 948.63
Receiving property from a child
§ 943.37
Alteration of property identification marks
§ 943.50
Retail theft; theft of services
§ 943.55
Removal of shopping cart
§ 943.61
Theft of library material
§ 944.20
Lewd and lascivious behavior
§ 944.23
Making lewd, obscene or indecent drawings
§ 944.30
Prostitution
§ 944.31
Patronizing prostitutes
§ 944.33
Pandering
§ 944.34
Keeping place of prostitution
§ 944.36
Solicitation of drinks prohibited
§ 945.02
Gambling
§ 945.03
Commercial gambling
§ 945.04
Permitting premises to be used for commercial gambling
§ 946.40
Refusing to aid officer
§ 946.41
Resisting or obstructing officer
§ 946.42
Escape
§ 946.44
Assisting or permitting escape
§ 946.65
Obstructing justice
§ 946.66
False complaints of police misconduct
§ 946.70
Impersonating peace officers, fire fighters or other emergency personnel
§ 946.72
Tampering with public records and notices
§ 947.01
Disorderly conduct
§ 947.012
Unlawful use of telephone
§ 947.013
Harassment
§ 947.015
Bomb scares
§ 947.06
Unlawful assemblies and their suppression
§ 948.40
Contributing to the delinquency of a child
§§ 948.015 through 948.62
Crimes against children
§ 948.11
Exposing a child to harmful material, or harmful descriptions or narrations
§§ 951.01 through 951.15
Crimes against animals
§ 961.571
Drug paraphernalia defined
§ 961.572
Determination (of whether an object is drug paraphernalia)
§ 961.573
Possession of drug paraphernalia
§ 961.574
Manufacture or delivery of drug paraphernalia
§ 961.575
Delivery of drug paraphernalia to a minor
[Amended by Ord. No. 07-8; 6-11-2013 by Ord. No. 13-1; 6-10-2014 by Ord. No. 14-3]
A. 
Definitions. For the purpose of this section, the following definitions shall apply:
FIREARM
Any weapon from which a shot may be fired by the force of an explosive or propellant, including, but not limited to, rifles, pistols, shotguns, air guns and BB guns.
B. 
Use of firearms.
(1) 
Regulated. No person except an authorized police officer shall discharge any firearm within the Village.
[1]
Editor’s Note: Former § 415-3, Throwing or shooting of arrows, stones and other missiles, as amended, was repealed 6-10-2014 by Ord. No. 14-3.
A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
MARIJUANA
All parts of the plant cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.
B. 
Possession, delivery and use prohibited. It shall be unlawful for any person to possess, deliver, sell or use marijuana or a marijuana derivative. This section shall include, but not be limited to, those persons who possess, deliver, sell or use marijuana or a marijuana derivative in any amount and include those persons who are charged under this section for a first offense.
C. 
Exception. This section shall not apply to a person who has obtained or possesses marijuana directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice. However, the burden of proof to prove such exception shall be on the person claiming it.
D. 
Penalty. Any person who shall violate any provision of this section shall, upon conviction, be subject to a forfeiture as provided in Chapter 1, General Provisions, Article I, Construction and Penalties, of this Code.
A. 
General. No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb a person of ordinary sensibilities in or about any public street, alley, park of waterway, or any private residence.
B. 
Public address systems and amplifiers. No person shall use or operate any public address system, amplifier or device which increases the volume of voice, music or other sounds so loud as to disturb the public peace or the quiet and peacefulness of the neighborhood between the hours of 9:00 p.m. and 6:00 a.m. unless a special permit is obtained from the Village Board. This permit may be applied for up to twice per month Memorial Day weekend through Labor Day to extend the time until 12:00 midnight, but no later. At the discretion of the Chief of Police, he may have an officer assigned to the premises at the owner's expense.
[Amended by Ord. No. 87-4; Ord. No. 04-6; Ord. No. 04-7]
C. 
Construction and machinery noise. Except for Village employees, between the hours of 10:00 p.m. and 6:00 a.m. no person shall do construction work or operate any chain saw, lawn mower or any other loud machinery of a similar nature.
A. 
Loitering or prowling. No person shall loiter or prowl in a place at a time or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence, or if it appears, at trial, that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
B. 
Obstruction of highway by loitering. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.
C. 
Obstruction of traffic by loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public place within the Village in such manner as to prevent, interfere with or obstruct the ordinary free use of such public sidewalks, streets, street crossings and bridges or other public places by persons passing along and over the same.
D. 
Loitering after being requested to move. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks or adjacent doorways or entrances, street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant after being requested to move by any police officer or by any person in authority at such places.
E. 
Loitering in public places. No person shall loiter, lounge or loaf in or about any dance hall, restaurant, store, public sidewalk, public parking lot or other place of assembly or public use after being requested to move by the owner or person in charge or any police officer. Upon being requested to move, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.
F. 
Loitering in or on school property. No person not in official attendance or on official school business shall enter into, congregate, loiter, wander or stand in or on any school property within the Village between 7:00 a.m. and 5:00 p.m. on official school days.
A. 
Prohibited. No person shall deposit any mud, glass, refuse or waste, filth or other litter upon the streets, highways, alleys, parks or other property of the Village or upon any private property or into or upon any body of water or stream within the Village.
B. 
Penalty. Any person found guilty of violating this section shall be subject to a forfeiture, as provided in Chapter 1, General Provisions, Article I, Construction and Penalties, of this Code, plus the cost of cleanup. Each day a violation continues shall constitute a separate violation.
No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fastened in such manner as to prevent injury to any person and any cover shall be of a design, size and weight that the same cannot be removed by small children.
No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock, or other locking device which may not be released from the inside, without first removing such door or lid, snap lock or other locking device from such icebox, refrigerator or container unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.
No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the Village or its departments or to any private person without the consent of the owner or proper authority.
It shall be unlawful for any person to take and carry away the property of another without the owner's consent. This offense shall include, but not be limited to, the operation of a vehicle, whether or not motorized, without the owner's consent.
In addition to the provisions set forth in § 947.01, Wis. Stats., adopted by this chapter, it shall be unlawful to urinate or defecate on any street or sidewalk in the Village.
A. 
No person shall refuse to leave school property upon request by the school principal or a person acting under his direction. A violation of this section shall be considered a trespass.
B. 
No person shall bring, or cause to be brought, upon school property any intoxicating liquor, fermented malt beverage or controlled substance, as defined in Ch. 961, Wis. Stats., except and unless with written consent of the school principal.
A. 
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, Article I, Construction and Penalties, of this Code.
B. 
In addition to any penalty imposed for violation of § 943.01(1), Wis. Stats., any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent of any unemancipated minor child who violates § 943.01(1), Wis. Stats., may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.