City of Nekoosa, WI Orderly Conduct

Definitions. For the purpose of this section, the following definitions shall apply:

FIREARM

Any weapon which acts by force of gunpowder.

OTHER DANGEROUS WEAPON

Includes bow and arrow, crossbow, slingshot, blowgun, air gun (pellet) and BB gun, and other similar weapons.

PUBLIC BUILDING

Any building owned by the City, the county or the school district.

Possession of firearms in public place prohibited. In addition to the provisions of Subsection (3) below, no person except duly authorized City, village, county, state or federal law enforcement officers specifically authorized by law to carry firearms shall possess a firearm while in any public building, as defined in Subsection (1) above, within the City as provided in § 941.235, Wis. Stats., or within any school zone as provided in § 948.605, Wis. Stats., or go armed with a handgun into a tavern as provided in § 941.237, Wis. Stats.

Use of firearms.

Regulated. No person except an authorized police officer or supervised by a police officer shall discharge any firearm within the City, except as provided in Subsection (3)(b) below.

Exceptions.

Pest control permits issued by the Chief of Police.

Shooting of firearms shall be on a range approved by the City Council.

Use of other dangerous weapons.

Regulated. No person shall shoot or discharge any other dangerous weapon anywhere in the City, except as provided in Subsection (4)(b) below.

Exceptions.

The Chief of Police may issue bow and arrow range permits, provided the following requirements are met:

The side and back clearance shall be 300 feet.

The bull's-eye shall be no more than four feet from the ground.

Only target arrows shall be used.

A person under 16 years of age must be under the supervision of a parent or guardian.

No City property or public roadway shall be used.

The range is inspected and approved by the Chief of Police.

Bow hunting within the Nekoosa City limits shall satisfy all of the following requirements.

Possess a current valid archery deer hunting license or small game license issued by the Wisconsin Department of Natural Resources;

Secure the permission of the owner of the land where the hunt is to occur;

Hunt in a location no less than 100 yards from any building without the express consent of any and all owners of said buildings within that distance. "Building" shall mean a permanent structure used for human occupancy and includes a manufactured home, as defined in 101.91(2), Wis. Stats.;

Hunt from an elevated position which directs the arrow toward the ground immediately upon release;

Hunt only with a bow and arrow or a crossbow and arrow; and

Hunters must comply with all state and local laws, rules and regulations and the directions set forth in the Deer Management Plan of the Department of Natural Resources.

Bow hunting within the Nekoosa City limits shall be prohibited for the following:

City-owned or -leased property.

At the discretion of a property owner.

§ 9.03 Throwing or shooting of missiles or projectiles.

No person shall throw or shoot any object, arrow, stone, snowball or other missile or projectile by hand or by any other means at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the City.

§ 9.04 Protection of animals and birds.

[Amended 7-10-2012 by Ord. No. 566]

No person shall maliciously injure or destroy any kind of bird, bird nest or animal or throw stones or shoot or use any implements or means with the intention of killing or injuring any bird or animal within the City limits, unless such person is lawfully hunting wild game and game birds.

§ 9.05 Sale and use of fireworks.

[Amended 12-11-2012 by Ord. No. 569]

Regulation of fireworks. Except as otherwise specifically provided in this section, the statutory provisions of § 167.10, Wis. Stats., are hereby adopted and, by reference, made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by § 167.10, Wis. Stats., incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions or modifications of § 167.10, Wis. Stats., incorporated herein is intended to be made part of this section in order to secure safe regulation of fireworks.

Definition. The definition of "fireworks" stated in § 167.10(1), Wis. Stats., is hereby adopted by reference.

Sale regulated. Except as provided in § 167.10(2) and (4), Wis. Stats., no person shall sell, or possess with the intent to sell, fireworks.

Use regulated. Except as provided in § 167.10(3), Wis. Stats., no person shall possess or use fireworks without a user's permit issued pursuant to Subsection (4) below.

User's permit. As provided in § 167.10(3), Wis. Stats., fireworks user’s permits may be issued by the Mayor or other City official designated by the Mayor. A copy of the permit and proof of insurance shall be filed with the City Clerk, and copies of the permit shall be given to the Fire Chief and the Chief of Police at least two days before the authorized use.

Requirements for obtaining a permit.

Qualifications. A permit shall only be issued to a person who is at least 21 years of age; and who has displayed satisfactory evidence to the issuer of the permit of competency in pyrotechnics.

Representative of permit holder present. An employee of the permit holder must be present during setup, display, and takedown. The employee that is to be present is to be disclosed on the application and amendments to the application.

Insurance or indemnity bond. An applicant shall provide a certificate of insurance in an amount of $1,000,000 evidencing a policy of liability insurance, or an indemnity bond with good and sufficient sureties in an amount of $1,000,000 for the payment of all claims that may arise by reason of injuries to persons or properties from the handling, use, or discharge of fireworks under the permit. The policy of liability insurance or the indemnity bond shall comply with the requirements set forth in § 167.10(3), Wis. Stats.

Crowd control. The applicant sponsoring organization on the application for fireworks user permit shall be responsible for crowd control.

NFPA standards. The lead display operator shall be responsible for complying with all National Fire Protection Association (NFPA) standards.

Time of issuance. Permits will only be issued upon approval of a signed application, and submission of proof of insurance or bond.

Use of certain devices regulated. No person may use fireworks or devices listed in § 167.10(1)(e) to (g) and (i) to (n), Wis. Stats., including, but not limited to, caps, toy snakes, model rocket engines, sparklers or cone fountains, at a fireworks display for which a permit has been issued if the display is open to the general public.

Parental liability. A parent, foster parent, family-operated group home parent, or legal guardian of a minor who consents to the use of fireworks by the minor is liable for damages caused by the minor’s use of the fireworks. A parent or legal guardian of a minor who consents to the use of fireworks by a minor shall forfeit not more than $1,000.

§ 9.06 Noise restrictions.

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 or park or any private residence.

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.

Construction and machinery noise. Except for City 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. Snowblowers, chain saws and other domestic tools and equipment are exempt from these limits when they are being used to clear driveways, streets, roads, walkways, etc., during and after snowfalls, rainstorms, ice storms, windstorms or emergencies.

[Amended 7-10-2012 by Ord. No. 566]

Compression brake regulation. No person shall use motor vehicle brakes within the City which are in any way activated or operated by the compression of the engine of a motor vehicle, or any unit or part thereof, except in an emergency situation.

[Added by Ord. No. 512]

§ 9.07 Loitering.

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 make 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.

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.

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 City 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.

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.

Loitering in public places. No person shall loiter, lounge or loaf in or about any depot, theater, 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.

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 or play in any school building or in or about any playground or parking area adjacent thereto within the City between 7:00 a.m. and 4:00 p.m. on official school days.

§ 9.08 Consumption of alcohol beverages on public property and parking lots.

Definitions. For the purpose of this section, the following definitions shall apply:

LICENSED PREMISES

The area within a building or structure which is licensed pursuant to § 12.02 of this Code, but not including parking lots, sidewalks, roadways or land which is adjacent to the building or structure and within the property boundary lines.

PUBLIC PARKING LOT

Any area held out to the public for the parking of motor vehicles, whether such area is publicly or privately owned.

PUBLIC PROPERTY

Any property, including buildings or structures thereon, which is owned, leased or operated by the City or public, private or parochial schools; public sidewalks; roadways and streets; playgrounds; parks; and alleys.

Conduct prohibited. No person shall consume any fermented malt beverage or intoxicating liquor in or upon any public property or public parking lot.

Conduct prohibited outside licensed premises. No person who has purchased fermented malt beverages or intoxicating liquor from any licensed premises shall consume said beverages or liquor outside of, but within the property boundary lines of, such premises. All licensed premises shall have a notice posted at each exit stating the following: "No Beer, Liquor or Wine May Be Carried in an Open Container Out of This Building."

Exceptions.

The prohibitions in Subsections (2) and (3) above shall not apply to those events or activities which are otherwise permitted or licensed pursuant to Chapter 12 of this Code.

The prohibitions in Subsections (2) and (3) above shall not apply to those persons who transport unopened fermented malt beverages or intoxicating liquor from a point of purchase to their destination unless it is in violation of § 346.93, Wis. Stats.

The prohibitions in Subsection (2) above shall not apply to Riverside Park during normal park hours.

The prohibitions in Subsection (2) above shall not apply to individuals in possession of an alcohol beverage when on or crossing the sidewalk, boulevard or street in residential areas, unless a disturbance is created by such presence.

Certain places at designated times may be specifically excepted temporarily from the prohibitions of Subsection (2) above by order of the Council or the Mayor.

§ 9.09 Animals and fowl running at large.

No person having in his possession or under his control any animal or fowl shall allow the same to run at large within the City.

§ 9.10 Keeping of livestock and fowl.

[Amended 8-14-2012 by Ord. No. 567]

Keeping of livestock. No person shall keep or maintain any livestock such as horses, cattle, sheep, goats, or pigs in any zoning district except agricultural districts.

Regulating domestic fowl.

Purpose and intent. The purpose of this section is to outline conditions under which City residents may safely keep or maintain a limited number of chickens to assure appropriate chicken coops or structures in which to house chickens, and to protect the health, safety, and welfare of the general population of the City of Nekoosa.

Definitions. For the purpose of this section, the following terms have the meaning indicated:

ABUTTING PROPERTY

All property that abuts an applicant's property at one or more points except public streets.

BACKYARD

That portion of a lot enclosed by the property's rear lot line and the side lot lines to the points where the side lot lines intersected with an imaginary line established by the rear of the single-family structure and extending to the two side lot lines.

CHICKEN

A female hen of any age, including chicks. This definition does not include other kinds of fowl, including but not limited to ducks, quail, pheasant, geese, turkeys, guinea hens, peacocks, emus, or ostriches.

COOP

An enclosed structure, building or pen within which chickens roost or are housed.

Keeping of chickens. Chickens may be kept or maintained upon the following:

Up to four chickens may be raised within a lot zoned R-1 Single-Family District, or a lot zoned R-2 One- and Two-Family District, upon notification of all abutting property owners.

Rental tenants of a single-family dwelling or a one-two family dwelling that is zoned R-1 Single-Family or R-2 One- and Two-Family shall abide by the rules set forth in Subsection (2)(e) herein, and shall obtain written approval prior to the keeping or maintaining of chickens on the rental premises. The landlord's written approval must accompany the applicant's permit application.

Educational facilities are allowed to keep chickens for educational purposes only.

Chickens may be temporarily allowed for special purposes such as a public picnic and other special events upon approval of the Zoning Administrator.

Chickens may be allowed in the local veterinarian's office for the purpose of observation or treatment.

In addition to four adult chickens, newborn chickens (chicks) up to the age of three weeks may be kept in a residence or outbuilding.

Chickens are not allowed. Chickens are not allowed to be kept or maintained upon the following:

Mobile home parks.

Vacant lots unless the person requesting the permit resides on the abutting property.

Any property zoned as R-3 Multifamily Residential District. The keeping of chickens in any nonresidential district will only be allowed with the special approval of Common Council.

Condominiums.

Permit required.

No owner or tenant shall own, keep or maintain chickens within the corporate limits of the City without first obtaining a permit.

The applicant for a permit must notify all abutting property owners of his/her intention to keep or maintain chickens prior to applying for a permit, and the permit application must certify that all such property owners have been notified. A list of all property owners and their addresses must be included with the permit application. No permit to keep or maintain chickens shall be issued unless all requirements are met.

The above requirements shall not be required for renewal of a permit as long as the permit is kept current.

The permit year shall commence on January 1, and shall end on the following December 31, and shall be renewed annually.

A permit granted shall not transfer to any other property or successor owners of permitted property unless all provisions of this section are met.

Fees.

The annual fee for keeping and maintaining up to four chickens shall be $15 and must be paid to the City Clerk at the time of application. This fee shall not be prorated. Amendments to the annual license fee may be made by Council resolution.

All renewal permits are due and payable to the City no later than January 31 of the permit year, or prior to keeping the chickens, whichever is later. Failure to timely renew and pay will result in forfeiture of the permit. Upon forfeiture, an applicant shall be required to meet all initial requirements as set forth in Subsection (2)(e) above.

Property requirements.

A coop and any attached enclosure shall be located in the backyard of the permit holder's residence and shall meet all applicable setback requirements for accessory buildings as set forth in the City of Nekoosa Comprehensive Zoning Code.

A coop and any attached enclosure shall not be closer than 25 feet to an abutting residence in addition to the restrictions in Subsection (2)(g)1 above.

Coop design.

All chickens shall be kept and maintained within a ventilated and roofed coop in compliance with any applicable state and local requirements.

All coops, including an attached coop enclosure, shall be enclosed with wire netting or equivalent material that will prevent chickens from escaping the coop or the attached enclosure.

The coop structural floor shall allow at least four square feet per chicken, and the height of the coop shall not exceed 6 feet above ground level.

The coop shall have a clear open space to allow the chickens to walk on the ground or a concrete slab.

Any person keeping chickens:

Shall keep or maintain chickens within a coop or attached coop enclosure at all times.

Shall not keep or maintain any roosters or male chickens.

Shall not sell any eggs.

Shall not slaughter any chickens on the premises.

Shall ensure that chickens are provided with access to feed and clean water at all times.

Shall consult with a veterinarian regarding chickens that appear ill, or on the occasion of a sudden death. If a disease that would be contagious to humans is diagnosed, recommendations to insure prevention or transmission of a disease must be followed as recommended by the veterinarian.

(j)

Sanitation.

Chickens and their coops shall be kept and maintained at all times in outdoor areas and shall not be permitted inside a residential premises or dwelling, except as provided in Subsection (2)(c) above.

Chicken feed shall be stored and kept in containers, which make the feed inaccessible to rodents, vermin, wild birds, and other predators.

All coops and backyards where chickens are kept or maintained shall be reasonably free from chicken-produced substances including but not limited to chicken manure such that the air or environment around the chickens does not become noxious or offensive or create a condition that would reasonably promote the breeding of flies, mosquitoes, or other insects, or provide a habitat, breeding or feeding place for rodents or other animals, or otherwise be injurious to public health.

(k)

Inspection. The City shall have the power, whenever it may deem reasonably necessary, to enter a building, structure, or property where chickens are kept to ascertain whether the keeper is in compliance with this section. The City Police Department may issue compliance orders and citations pursuant to the provisions of this section, and state law.

(l)

Enforcement. The City shall revoke a permit to keep chickens in the event that the Police Department has issued three or more violations of this section within any six-month period.

(m)

Restricted covenants. This section is not intended to interfere with any restrictive covenants otherwise applicable.

(n)

Penalty. Any person who shall be adjudicated to have violated any of the provisions of this section shall be subject to a forfeiture as provided in § 25.04 of this Code, plus the costs of said prosecution, and, upon default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 10 days. Each day that a violation of this section continues shall be deemed a separate offense.

§ 9.11 Littering.

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 City or upon any private property or into or upon any body of water or stream within the City.

Penalty. Any person found guilty of violating this section shall be subject to a forfeiture, as provided in § 25.04 of this Code, plus the cost of cleanup. Each day a violation continues shall constitute a separate violation.

§ 9.12 Burning regulations.

[Amended by Ord. No. 548]

Burning prohibition.

Unless specific written approval has been obtained from the Department of Natural Resources, the following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove, or any other indoor or outdoor incineration or heating device. A permit will not be issued for burning any of the following materials without air pollution control devices and a written copy of approval by the Department of Natural Resources:

Rubbish or garbage, including, but not limited to, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.

Waste oil or other oily wastes, except used oil burned in a heating device for energy recovery subject to the restrictions in Ch. NR 679, Wis. Adm. Code.

Asphalt and products containing asphalt.

Treated or painted wood, including, but not limited to, plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.

Any plastic material, including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.

Rubber, including tires and synthetic rubber-like products.

Newspaper, corrugated cardboard, container board, office paper and other materials that must be recycled in accordance with § 11.09, Recycling regulations, of this Code, except as provided under Subsection (3).

It shall be unlawful for any person, firm or corporation to burn leaves, pine needles, or grass clippings within any part of the City.

Permits.

It shall be unlawful for any person to burn brush, rubbish or any other debris within any part of the City without a burning permit, unless there is complete ground cover of snow that is more than one inch.

The burning of brush, rubbish or any other debris in any part of the City may take place in accordance with permit guidelines. All burning is prohibited on Sundays and holidays.

Permits for controlled burning in the City may be obtained at the Municipal Building from approved authorized Fire Wardens for the City or at the Department of Natural Resources (DNR) Service Center. All City residents shall adhere to all rules and regulations of this section.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

Open burning. All permitted open burning shall be conducted in a safe, nuisance-free manner, when wind and weather conditions are such as to minimize adverse effects and not create a health hazard or a visibility hazard on roadways, railroads or airfields. Open burning shall be conducted in conformance with all local and state fire-protection regulations. Open burning shall be conducted only on the property on which the materials were generated or at a facility approved by and in accordance with provisions established by the Department of Natural Resources and the Fire Chief.

Open burning shall only be conducted at a location at least 250 feet from the nearest building which is not on the same property.

Except for barbecue, gas and charcoal grills, no burning shall be undertaken within 25 feet of any combustible material, combustible wall or partition, exterior window opening, exit access or exit unless authorized by the Fire Chief.

Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and cold. The person shall have readily available for use such fire-extinguishing equipment as may be necessary for the total control of the fire.

No materials may be burned upon any street, curb, gutter or sidewalk or on the ice of a lake, pond, and stream or water body.

Paper and cardboard products may be used as a starter fuel for a fire that is permitted under this section.

Small quantities of confidential papers from a residence may be burned if necessary to prevent the theft of financial records, identification or other confidential information. Confidential papers from a commercial enterprise shall be shredded or destroyed in a manner other than burning.

Outdoor campfires and small bonfires for cooking, ceremonies or recreation are allowed without a permit, provided that the fire is confined by a control device or structure such as a barrel, fire ring or fire pit. Bonfires are permitted only if approved by and in accordance with provisions established by the Fire Chief.

Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance of rights-of-way is permitted if approved by the Fire Chief and in accordance with other provisions of this section.

In emergency situations, such as natural disasters, burning that would otherwise be prohibited is permitted if specifically approved by the Department of Natural Resources.

Burn barrel permit. The owner or occupant of the property shall obtain an annual burning permit before using a burn barrel.

The burn barrel shall not be used to burn any of the prohibited materials listed in Subsection (1) above.

The burn barrel shall be located at least 250 feet from the nearest building that is not on the same property as the burn barrel.

The burn barrel shall have vent holes above the ash line for combustion air and shall be covered with a heavy wire screen.

Small businesses, commercial enterprises, and industries may not use burn barrels or engage in other kinds of open burning for any waste generated by the businesses.

Burning ban. Whenever the Fire Chief or the Department of Natural Resources shall deem it imprudent for burning, whether it be because of extreme dryness, shortage of water, high wind, particular hazardous location or any other reason, they may forbid, by order, the setting of any such fires at any time, refuse to issue a permit where one is requested, or temporarily suspend previously issued burning permits for open burning. Except for barbecue or gas grills and charcoal grills used in the immediate vicinity of a residential dwelling on a noncombustible surface, no open burning shall be undertaken during periods when either the Fire Chief or the Wisconsin Department of Natural Resources has issued a burning ban applicable to the area.

Responsibility for fires. Any damage caused to a person's property, private property, or any public property by the burning of brush, rubbish, structures, or any other debris, whether such burning was authorized or not, shall be the full responsibility of the person responsible for igniting said fire. Extinguishment of any fire will be the responsibility of the person responsible for igniting said fire. Upon failure to extinguish an authorized or nonauthorized fire, where the Fire Department responds in the pursuit of extinguishment, the person responsible for igniting said fire shall be subject to the provisions of Subsection (9) below and all forfeitures pertaining to this section in § 25.04 of this Code, together with the cost of prosecution and any other costs incurred to the City for extinguishment of the fire.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

Liability for fires. If the Fire Department responds in the pursuit of extinguishment or public safety, the person utilizing, maintaining or setting the fire shall be responsible for all fire-suppression costs and any other liability resulting from damage caused by the fire and will be subject to the provisions of Subsection (9) below and all forfeitures pertaining to this section in § 25.04 of this Code, together with the costs of prosecution and any other costs incurred to the City for extinguishment of the fire(s).

Forest protection district. Any burning within the City shall also be governed by the rules and regulations of the State of Wisconsin Department of Natural Resources, and nothing herein is intended to alter such rules and regulations in any way.

(9)

Enforcement. The Fire Chief or any authorized officer, agent, employee or representative of the City who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section. If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with § 66.0119, Wis. Stats.

(10)

Penalties and fees. Any person who shall violate any of the provisions of this section or fail to comply therewith, or who shall violate or fail to comply with any order made hereunder, shall, upon conviction, be subjected to all forfeitures pertaining to this section in § 25.04 of this Code, together with the costs of suppression and prosecution and, in default of the payment of such forfeiture and costs of such suppression and prosecution, shall be imprisoned in the Wood County Jail for a period not exceeding 30 days. If any person shall fail to extinguish an authorized or nonauthorized fire, where the Fire Department responds in the pursuit of extinguishment, the person responsible for igniting said fire shall be charged by the City for all fire-suppression costs, together with the costs of prosecution and any other costs incurred by the City for extinguishment of said fire.[3]

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

§ 9.13 Radio or television interference.

No person shall operate any machine or equipment which causes interference with radio or television reception when such interference can be prevented by repairs, adjustments, the installation of corrective appliances or other practicable alterations at a reasonable expense.

§ 9.14 Dangerous excavations and openings.

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.

§ 9.15 Abandoned or unattended refrigerators or other containers.

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.

§ 9.16 Curfew.

Violation.

No individual between the ages of 14 years through 17 years shall remain upon any street or alley or other public place in the City between 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday and 6:00 a.m. the next day and between 12:00 midnight on Friday and Saturday and 6:00 a.m. the next day.

No individual under the age of 14 years shall remain upon any street or alley or other public place in the City between 10:00 p.m. and 6:00 a.m. the next day.

Exceptions. The following shall constitute valid exceptions to the operation of the curfew:

At any time if the individual is accompanied by his or her parent, legal guardian, or other responsible person who is over the age of 18 and who is approved by the individual's parent or legal guardian.

At any time in the event of an emergency which would justify the reasonableness of the individual's presence.

At any time while the individual is pursuing the duties of his employment.

Until the hour of 12:30 a.m. if the individual is on an errand as directed by the individual's parent or legal guardian.

If the individual is coming directly home from a public meeting or place of public entertainment such as a movie, play, school, church or sporting event. This exception will apply for 1/2 hour after the completion of such event, but in no case beyond 12:30 a.m. If the event is not commercial in nature or does not have a fixed publicly known time at which it will end, the sponsoring organization must register the event with the Police Department at least 24 hours in advance, informing it of the time such event is scheduled to be, the place at which it will be held, the time at which it shall end, and the name of the sponsoring organization.

If the individual is coming directly home from a private home which has been approved by the individual's parent or legal guardian.

Until the hour of 12:30 a.m. if the individual is on the property of or the sidewalk directly adjacent to the building in which he resides or the buildings immediately adjacent thereto.

Taking a child into custody. A child believed to be violating this section shall be taken to the Police Department for proper identification. Every law enforcement officer, while on duty, is hereby authorized to take into custody any child violating the provisions of Subsection (1) above. Children taken into custody shall be released from custody as soon as is reasonably possible. A person taking a child into custody shall make every effort to immediately release the child to the child's parent, guardian or legal custodian, or, if the parent, guardian or legal custodian is unavailable, unwilling or unable to provide supervision, that person may release the child to a responsible adult and verbally counsel or warn, as may be appropriate, or, in the case of a runaway child, may release the child to a home authorized under § 48.227, Wis. Stats. The parent, guardian, legal custodian or other responsible adult to whom the child is released shall sign a release for the child.

Penalty. Any person who shall violate this section shall, upon conviction, be subject to a forfeiture of not less than $25 nor more than $100 for each offense.

§ 9.17 Destruction of City property.

Prohibited. No person shall willfully injure or intentionally deface, destroy or vandalize any property of any kind or nature belonging to the City, including trees and shrubs.

Reward. Any person providing information leading to the arrest and conviction of a person violating any provision of Subsection (1) above shall be paid a fifty-dollar reward by the City.

§ 9.18 Discharge or spill of hazardous or detrimental substances.

Hazardous substance spills.

DNR notification required. Any person who possesses or controls a hazardous substance, as defined in § 292.01(5), Wis. Stats., which has been discharged or spilled, or who causes the discharge or spilling of such hazardous substance, shall immediately notify the Wisconsin Department of Natural Resources of any such spill or discharge as required in § 292.11, Wis. Stats.

City notification. In addition to the notification required in Subsection (1)(a) above, the owner or the person causing the discharge of a hazardous substance shall immediately notify the Fire Chief of such spill or discharge.

Detrimental substance spills; notification. Any person who possesses or controls a discharged or spilled material, or causes a discharge or spill, which, although not a hazardous substance, may be detrimental to the general safety and welfare of City residents shall immediately notify the Fire Chief. Such detrimental substances may include, without limitation, food products and nitrates.

Cleanup required. Any person responsible for the discharge or spill of any hazardous or detrimental substance shall be responsible for cleanup within a time reasonable under the circumstances. In the event such cleanup is not completed within a reasonable time, the City shall clean up and bill the person responsible.

Penalty. Any person responsible for a spill or discharge who does not provide the notification required under Subsections (1)(b) and (2) above shall be subject to a forfeiture as provided in § 25.04 of this Code.

§ 9.19 Offenses by minors.

No person under the age of 18 shall be truant from school as defined in § 118.16(1), Wis. Stats. This section does not apply to a child aged 16 or older whose parent or guardian or person having legal custody has given written notice to the School Board for withdrawal of that child from school. This section also does not apply in instances enumerated in § 118.15(3), Wis. Stats.

No person under the age of 18 shall be truant from home without the consent of his parent or guardian or person having legal custody.

No person under the legal drinking age shall possess intoxicating liquor or shall possess fermented malt beverages except and unless accompanied by a parent or guardian or spouse of legal drinking age.

Buying or possessing cigarettes, nicotine, tobacco and vapor products.

[Added by Ord. No. 441; amended 11-12-2019 by Ord. No. 603]

Definitions. The terms used herein shall be defined as follows:

CIGARETTE

The meaning given in § 139.30(1m), Wis. Stats.

LAW ENFORCEMENT OFFICER

The meaning given in § 30.50(4s), Wis. Stats.

NICOTINE PRODUCTS

The meaning given in § 134.66(1)(f), Wis. Stats.

TOBACCO PRODUCTS

The meaning given in § 139.75(12), Wis. Stats.

VAPOR PRODUCTS

The meaning given in § 139.75(14), Wis. Stats.

Prohibitions. Except as provided in Subsection (4)(c) below, no person under the age of 18 may do any of the following:

Buy or attempt to buy any cigarette, or tobacco, nicotine or vapor products.

Falsely represent his age for the purpose of receiving any cigarette, or tobacco, nicotine or vapor product.

Possess any cigarette, or tobacco, nicotine or vapor product.

Exception. A child may purchase cigarettes, or tobacco, nicotine or vapor products, for the sole purpose of resale in the course of employment during his working hours if employed by a retailer licensed under § 134.65(1), Wis. Stats.

Police power. A law enforcement officer shall seize any cigarette, or tobacco, nicotine or vapor product, involved in any violation of this subsection committed in his presence.

§ 9.20 Uniform citation method adopted.

Creation. Pursuant to § 66.0113, Wis. Stats., the City hereby elects to use the citation method of enforcement of ordinances other than those for which a statutory counterpart exists.

Citation. The citation shall contain the following:

The name and address of the alleged violator.

Factual allegations describing the alleged violation.

The time and place of the offense.

The section of the ordinance or the Municipal Code violated.

A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so.

The time at which the alleged violator may appear in court.

A statement which, in essence, informs the alleged violator, as follows:

A cash deposit of a specified amount may be made which shall be delivered or mailed to the Municipal Court Clerk prior to the time of the scheduled court appearance.

[Amended 4-14-2015 by Ord. No. 582]

If such a deposit is made, the alleged violator need not appear in court unless he is subsequently summoned.

If the alleged violator makes a cash deposit and does not appear in court, he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats., not to exceed the amount of the deposit, or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.

[Amended by Ord. No. 515; 7-10-2012 by Ord. No. 566]

If the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or consider the nonappearance to be a plea of no contest and enter judgment under § 66.0113(3)(d), Wis. Stats., or the municipality may commence an action against the alleged violator to collect the forfeiture, plus costs, fees, and surcharges imposed under Ch. 814, Wis. Stats.

[Amended by Ord. No. 515; 7-10-2012 by Ord. No. 566]

If the court finds that the violation involves an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both, and that the violation resulted in damage to the property of or physical injury to a person other than the alleged violator, the court may summon the alleged violator into court to determine if restitution shall be ordered under § 800.093, Wis. Stats.

[Added 7-10-2012 by Ord. No. 566]

A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under Subsection (2)(g) above has been read. Such statement shall be sent or brought with the cash deposit.

Such other information as the Council deems necessary.

Deposits.

Each citation issued under this section, except those to which Subsection (3)(d) below applies, shall specify a cash deposit as set forth in § 25.04 of this Code, which consists of the appropriate forfeiture, a penalty assessment of the amount reflected and permitted in the current publication of the State of Wisconsin Deposit/Bail Schedule.

[Amended 4-14-2014 by Ord. No. 582]

Deposits shall be made in cash, money order or check to the Municipal Court Clerk, who shall provide a receipt therefor.

[Amended 7-10-2012 by Ord. No. 566]

The costs, fees and surcharges imposed under Ch. 814, Wis. Stats., shall be added to all forfeitures hereunder, except where said forfeitures are derived from citations issued for violations of ordinances for which state law controls or for ordinances involving nonmoving traffic violations. Said assessments shall be in an amount determined after deducting the court costs.

[Amended by Ord. No. 515; 7-10-2012 by Ord. No. 566]

The deposit, including costs, pertaining to any minor receiving a citation under this section shall in no event exceed the maximum penalties provided in Ch. 48, Wis. Stats., plus the costs, fees and surcharges imposed under Ch. 814, Wis. Stats., except that costs and penalties shall not be assessed against minors unless Wisconsin law so provides.

[Amended by Ord. No. 515; 7-10-2012 by Ord. No. 566]

Deposit schedule. Every police officer issuing a citation for any violation of this Code shall indicate on the citation the amount of the deposit that the alleged violator may make in lieu of court appearance. The amount of the deposit shall be determined in accordance with the City bond schedule, which is hereby adopted by reference.

Issuance of citation.

Law enforcement officers. Any law enforcement officer may issue citations authorized under this section.

City officials.

The Building Inspector, the Director of Public Works, the Fire Chief, the Fire Inspector and the Weed Commissioner may issue citations with respect to those sections of this Code which are directly related to their responsibilities.

[Amended 7-10-2012 by Ord. No. 566]

Such City officials may delegate their authority to issue citations to their subordinates.

Procedure. Section 66.0113(3), Wis. Stats., relating to a violator's options and procedure on default, is hereby adopted and incorporated herein by reference.

Nonexclusivity.

Other ordinances. Adoption of this section does not preclude the Council from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.

Other remedies. The issuance of a citation hereunder shall not preclude the City or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.

§ 9.21 Habitual truancy.

[Added by Ord. No. 433; amended by Ord. No. 528; 7-10-2012 by Ord. No. 566; 7-8-2014 by Ord. No. 577]

Adoption of statutory standards. The following statutes are adopted by reference to define "compulsory school attendance," provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture defined herein:

	118.15	Compulsory school attendance
	118.153	Children at risk of not graduating from high school
	118.16	School attendance enforcement
	118.163	Municipal truancy and school dropout ordinances

Definitions. The terms herein shall be defined as follows:

ACCEPTABLE EXCUSE

As defined in §§ 118.15 and 118.16(4), Wis. Stats.

DROPOUT

A child who ceased to attend school, does not attend a public or private school, technical college or home-based private education system on a full-time basis, has not graduated from high school and does not have an acceptable excuse under § 118.15(1)(b) to (d) or (3), Wis. Stats.

HABITUAL TRUANT

A pupil who is absent from school without an acceptable excuse for part or all of five or more days on which school is held during a school semester.

TRUANT

A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16, Wis. Stats., for part or all of any day on which school is held during a school semester.

Prohibited conduct. Any person under the age of 18 years enrolled in school is prohibited from being either a "habitual truant" or a "truant" or a "dropout."

Penalty (truant). Any person who is deemed to be a "truant" may be subject to one or more of the following dispositions by the court:

An order for the person to attend school.

A forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the truant, the parents or guardian of the truant, or both.

Penalty (habitual truant). Any person who is deemed to be a "habitual truant" may be subject to one or more of the following dispositions by the court:

The suspension of the habitual truant's operating privilege for not less than 30 days nor more than one year. The court shall immediately take possession of the suspended license and forward it to the Department of Transportation of the State of Wisconsin, together with a notice stating the reason for and the duration of the suspension.

An order for the habitual truant to participate in counseling, a suspended work program or other community service work as described in § 938.34(5g), Wis. Stats. The costs of any such counseling, supervised work program or community service work may be assessed against the habitual truant, the parents or guardian of the habitual truant, or both.

An order for the habitual truant to remain at home except during the hours in which the habitual truant is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a habitual truant to leave his or her home if the habitual truant is accompanied by a parent or guardian.

An order for the habitual truant to attend an education program as described in § 938.34(7d), Wis. Stats.

An order for the habitual truant to be placed in a teen court program as described in § 938.342(1g)(f), Wis. Stats.

An order for the habitual truant to attend school.

A forfeiture of not more than $500 plus costs, subject to § 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the habitual truant, the parents or guardians of the habitual truant, or both.

Any other reasonable conditions consistent with this section, including a curfew, restrictions as to going to or remaining on specified premises and/or restrictions on associating with other children and/or adults.

An order placing the habitual truant under formal or informal supervision, as described in § 938.34(2), Wis. Stats., for up to one year.

(j)

An order for the habitual truant's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's, or legal custodian's own expense or to attend school with the habitual truant, or both.

Penalty (dropout). Any person who is deemed to be a "dropout" may be subject to the court suspending the person's operating privileges until the person reaches the age of 18. The court shall immediately take possession of any suspended license and forward it to the Department of Transportation of the State of Wisconsin, together with a notice stating the reason for and the duration of the suspension.

School list. The Court may order a school district to provide to the court a list of all persons who are known to the school district to be dropouts and who reside within the School District of Nekoosa.

Parental liability. Any parent, guardian or other adult who knowingly allows a child to absent himself or herself from attendance at school without an "acceptable excuse" shall be in violation of this subsection of the section and may be subject to a forfeiture of not less than $50 or more than $100 for the first offense; and not less than $50 nor more than $300 for any subsequent offense within a one-year period.

(9)

Parental penalties. Any parent, guardian or other adult who knowingly allows a student to absent himself or herself from attendance at school without an acceptable excuse shall forfeit to the City, upon conviction thereof, the following:

Not less than $20 nor more than $300 for the first offense.

Not less than $40 nor more than $400 for any subsequent offense within a one-year period.

Penalty assessment imposed by § 757.05, Wis. Stats.

Jail assessment allowed by § 302.46(1), Wis. Stats.

Costs of prosecution as provided by § 814.63(4), Wis. Stats.

§ 9.22 Prohibition of possession of marijuana, certain cannabinoids, and drug paraphernalia.

[Added 12-14-2010 by Ord. No. 555; amended 7-10-2012 by Ord. No. 566; 1-10-2023 by Ord. No. 623]

Definitions. In this section, the following definitions are included and incorporated by reference as follows:

DRUG PARAPHERNALIA

Has the same meaning as the definition found in § 961.571 of Wis. Stats. In determining whether an object is drug paraphernalia, a court or other authority shall consider the factors stated in § 961.572, Wis Stats.

HEMP-DERIVED CANNABINOID

Constitutes one of the many intoxicating cannabinoids found in the cannabis plant or a synthetic version thereof.

A cannabinoid other than delta-9 tetrahydrocannabinol (THC), or an isomer derived from such cannabinoid (delta-8 THC, delta-IO THC, hexahydrocannabinol (HHC), HHC-O, THCA, THC-O, THCP, THCV); or

A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of 0.3% or less.

Does not include nonintoxicating cannabinoids, including cannabidiol (CBD), which is an active ingredient in cannabis, but does not cause intoxication by itself, is not addictive, and does not contain other isomers as listed above.

MARIJUANA

Has the same meaning as the definition found in § 961.01 (14) of Wis. Stats.

SYNTHETIC CANNABINOID

Includes all controlled substances defined under § 961.14 of the Wis. Stats., or an analog of those controlled substances.

Use or possession.

No person may possess or attempt to possess tetrahydrocannabinols included under § 961.14(4)(t), Wis. Stats., or synthetic cannabinoid included under § 961.14(4)(tb), Wis. Stats., except as provided in § 961.41(3g)(intro.)

No person may possess drug paraphernalia as provided in § 961.573, Wis. Stats.

It shall be illegal for a person under the age of 21 to possess or use any amount of a hemp-derived cannabinoid including delta-8 THC, delta-10 THC, HHC, HHC-O, THCA, THC-O, THCP, or THCV except as specifically allowed by Wisconsin law.

Sale or delivery.

It shall be illegal to sell or deliver any hemp-derived cannabinoid product containing delta-8 THC, delta-10 THC, HHC, HHC-O, THCA, THC-O, THCP, or THCV to a person under the age of 21 years, except as specifically allowed by Wisconsin law.

It shall be illegal to sell or deliver any hemp-derived cannabinoid product containing delta-8 THC, delta-10 THC, HHC, HHC-O, THCA, THC-O, THCP, or THCV to a person without having first verified their age by having the purchaser present a valid photo identification.

Penalty. Any person who violates any provision of this section shall be subject to a penalty as provided in § 25.04 of this Code.

§ 9.23 Misuse of E-911.

[Added 3-10-2015 by Ord. No. 580]

Application; enforcement.

The provisions of this section shall apply to the City of Nekoosa.

This section shall be enforced by the Nekoosa Police Department.

Intent. The intent of this section is to prevent the misuse of the emergency 911 number (E-911). Further, it is meant to encourage parents or the legal guardian of a minor to maintain control over the actions of the minor and prevent the misuse of the 911 emergency number.

Definitions. The following words, terms, and phrases, when used in this section, shall have the meaning ascribed to them in this subsection, except where the context clearly indicates a different meaning:

EMERGENCY

A situation in which a person reasonably believes that immediate response by public safety personnel is essential due to the risk of: death or great bodily harm; property damage; and any other situation which mandates the immediate response of public safety personnel.

MISUSE

The intentional calling of the 911 emergency number knowingly giving a false report or no report or as a prank when no emergency exists and no valid request is made for emergency services.

Prohibited use. No person shall utilize the 911 emergency telephone system for any purpose other than to report an emergency.

Improper use.

It shall be a violation of this section for any person to do any of the following:

Dial the telephone number 911 to report an emergency knowing that the fact or facts of the situation, which he or she reports, does not exist.

Dial the telephone number 911 for a reason when the caller has been advised by a dispatcher that the reason is not an appropriate one for use of the 911 system.

Dial the telephone number 911 and hang up two or more times without reporting an emergency if in fact, no emergency exists.

Knowingly permit any telephone number under his or her control to be used for any purpose under this section.

Knowingly encourage, aid or permit another to make a call as defined above.

A parent or legal guardian of a minor may be found liable for any injury or damage, which may result from the misuse of the 911 number and penalties may be imposed under § 895.035 Wis. Stats.

Penalty. Any person who violates any provision of this section shall pay a forfeiture not to exceed $1,000, plus costs of prosecution thereof.

Severability. In the event any section, subsection, clause, phrase or portion of this section is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this section. It is the legislative intent of the Common Council that this section would have been adopted if such illegal provision had not been included or any illegal application had not been made.

Repeal and effective date. All ordinances or parts of ordinances and resolutions in conflict herewith are hereby repealed. This section shall take effect upon posting and publication.

§ 9.24 Designated sexual offenders.

[Added 5-10-2022 by Ord. No. 616]

Findings and purpose.

The Wisconsin Legislature has provided for the punishment, treatment, and supervision of persons convicted or otherwise responsible for sex crimes against children, including their release into the community. Chapter 980 of the Wisconsin Statutes provides for the civil commitment of sexually violent persons. The purpose of this section is to protect the public and to reduce the likelihood that convicted sexual offenders will engage in such conduct in the future.

The United States Supreme Court has recognized that the risk of recidivism posed by sexual offenders is high, and when convicted sexual offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault.

The Common Council finds that the consequences of failing to regulate the movement of sexual offenders is a hazard to children and the community. This section is a regulatory measure aimed at protecting the health and safety of the children in the City of Nekoosa from the risk that convicted sexual offenders may reoffend in locations frequented by children.

Section 62.11(5), Wis. Stats., authorizes the Common Council to have power to act for the government and good order of the City, for its commercial benefit and for the health, safety and welfare of the public, and may carry out its powers by license, regulation and other necessary or convenient means.

Definitions. As used in this chapter, and unless the context otherwise requires, the following terms shall have the meanings indicated:

CHILD

A person who is less than 18 years of age.

CHILD SAFETY LOCATIONS

The following sites or areas:

A public park, or park facility;

A public library;

A recreational trail or area;

A public playground;

A school for children;

Athletic fields used by children;

A day-care center;

A tutoring facility;

A specialized school for children, including, but not limited to, an athletic or fine arts academy;

(j)

Any facility or club for children;

(k)

Any public swimming pool or other aquatic facilities open to the public.

SEXUAL OFFENDER

Any person who has been convicted of, adjudicated or committed for a violation, solicitation, conspiracy or attempt to commit a violation of any registerable offense under § 301.45, Wis. Stats.

Holiday events and public gatherings.

It is unlawful for a sexual offender to actively take part in any public holiday event involving children where the distributing of candy or other items to children takes place, including but not limited to holiday parades or similar gatherings, Halloween trick-or-treating, wearing a seasonable costume in a public place, or wearing any other costume reasonably expected to attract children in a public place, or other similar activities that may, under the circumstances then present, tend to entice a child to have contact with a sexual offender.

Exception. This section does not apply to any event in which the sexual offender is the parent or guardian of the child(ren) involved, and the sexual offender's child(ren) are the only child(ren) present.

Loitering.

It shall be unlawful for a sexual offender as defined in Subsection (2) above to enter any premises enumerated in Subsection (2).

A law enforcement officer shall, prior to any arrest for an offense under this section, will request him or her to identify himself or herself or explain his or her presence and conduct at the aforementioned child safety locations.

An offender does not commit a violation of loitering in a child safety Location as stated above, and the enumerated uses may allow such person on the property supporting such use, if any of the following apply:

The property supporting an enumerated use also supports a house of religious worship (collectively "church"), subject to the following conditions:

Entrance and presence upon the property occurs only during hours of worship or other religious program/service as posted to the public; and

Written advance notice is made from the person to an individual in charge of the church, and approval from an individual in charge of the church as designated by the church is made in return, of the attendance by the person; and

The person shall not participate in any religious education programs, which include individuals under the age of 18.

The property supporting an enumerated use also supports a use lawfully attended by a person's natural or adopted child(ren), which child's use reasonably requires the attendance of the person as the child's parent upon the property, subject to the following conditions:

Entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public; and

Written advance notice of not less than seven days is made from the person to an individual in charge of the use of the property, and written approval from an authorized individual in charge of the use upon the property as designated by the owner of the use upon the property is made in return, of the attendance by the person.

The property supporting an enumerated use also supports a polling location in a local, state or federal election, subject to the following conditions:

The person is eligible to vote;

The designated polling place for the person is an enumerated use; and

The person enters the polling place property and proceeds to cast a ballot with whatever usual and customary assistance is provided to any member of the electorate, and the person vacates the property immediately after voting; and

The property supporting an enumerated use also supports an elementary or secondary school lawfully attended by a person as a student, under which circumstances the person who is a student may enter upon that property supporting the school at which the person is enrolled, as is reasonably required for the educational purposes of the school.

Appeals process.

The requirements of this section may be waived through an appeal by the affected party. An appeal shall be made in writing to the City Clerk's office, who shall forward the request to a review board. The board shall be comprised of two members of the Nekoosa Common Council, two members of the Library Board and one citizen member. The review board shall receive reports from the Police Department as to the criminal background of the applicant and the nature and circumstances of the underlying offense requiring the registration under § 301.45 or 301.46, Wis. Stats. The review board shall convene in open session and shall hear from the applicant, as well as the Police Department or others who would be affected by this decision.