[HISTORY: Adopted by the Village Board of the Village of
Rothschild 11-13-1967 as Secs. 8.17 and 12.01 to 12.04 of the 1967 Code. Amendments
noted where applicable.]
[Added 3-25-1985 (Sec. 12.10 of the 1967 Code); amended 12-11-2017]
A.
The provisions of Chs. 941 through 948, Wis. Stats., and as from
time to time amended, are hereby adopted by reference and made a part
of this Section as if fully set forth herein. Any act required to
be performed or prohibited by any statute incorporated herein by reference
is required or prohibited by this Section.
B.
Municipal Court jurisdiction.
(1)
Ch. 938, Wis. Stats., including any amendments and/or revisions thereto,
is hereby adopted by reference into this Code as if fully set forth
herein.
(2)
Subject to the provisions and limitations of Ch. 938, Wis. Stats.,
and as amended and/or revised, complaints alleging a violation of
any provision of this Code against nonadult persons may be brought
in the Municipal Court for the Village.
[Added 12-13-2010 (Sec. 8.18 of the 1967 Code); amended 12-11-2017]
Wisconsin Statutes § 101.123, Smoking prohibited, is hereby adopted by reference, and as from time to time amended, as if fully set forth in this Code. Any person violating this Section shall be subject to § 1-2 of this Code.
[Added 9-12-1994 (Sec. 12.14 of the 1967 Code)]
A.
Drug paraphernalia. The statutory provisions in § 961.571
through 961.575, Wis. Stats., describing and defining regulations
with respect to drug paraphernalia, exclusive of any provisions therein
for which the statutory penalty is imprisonment, are hereby adopted
and made a part of this section as if set forth herein. Any act required
to be performed or prohibited by any statute incorporated herein by
reference is required or prohibited by this section. Any future amendments,
revisions or modifications of the statutes incorporated herein by
reference are intended to be made part of this section.
B.
Marijuana possession. It is unlawful for any person to possess any
material, compound, mixture or preparation which contains 25 grams
or less of tetrahydrocannabinols (THC) or marijuana or its salts,
isomers or salts of isomers, unless the substance was obtained directly
from, or pursuant to a valid prescription or order of, a practitioner
within the meaning of § 961.01(19), Wis. Stats., while acting
in the course of his professional practice, or except as otherwise
authorized by Ch. 961, Wis. Stats.
[Amended 12-11-2017]
[Added 12-13-2010 (Sec. 8.19 of the 1967 Code)]
A.
Possession, use and sale illegal. It shall be illegal for any person
to use, possess, purchase, attempt to purchase, sell, publicly display
for sale or attempt to sell, give or barter any one or more of the
following chemicals, whether under the common street or trade names
of "Spice," "K," "Genie," "Yucatan Fire," "fake" or "new" marijuana,
or by any other name, label or description, including:
[Amended 12-11-2017]
(1)
Those substances listed in § 961.14(4)(tb), Wis. Stats.,
and as from time to time amended; and
(2)
Any other substance which is a cannabinoid receptor agonist ("cannabinoid
receptor agonist" means a substance that has an affinity for and stimulates
physiological activity in a cannabinoid receptor within the human
brain); or
(3)
Any other similar structural analogs.
B.
Medical or dental use allowed. Acts otherwise prohibited under Subsection A shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided that such use is permitted under state and federal laws.
[Added 11-25-2002; amended 12-11-2017]
No persons, not in official attendance at or on official school business with the Everest School District public schools or any private or parochial school, shall enter into any said school building in the Village, nor shall they congregate, loiter, idle, stand, remain or play in any Everest School District building in the Village or private or parochial school building in the Village or on any property adjacent thereto and under the control of the schools, between the hours of 7:00 a.m. and 4:00 p.m. on official Everest School District school days. This section shall not apply to persons who have obtained the requisite permission from Everest School District officials or any parochial or private school official, in accordance with the Everest School District rules and regulations or the applicable regulations or rules of a parochial or other private school. Private schools do not include home schools as defined in Ch. 118, Wis. Stats. Any person violating this Section is subject to § 1-2 of this Code.
[Amended 11-24-2008]
A.
CURFEW HOURS
EMERGENCY
GUARDIAN
MINOR
OPERATOR
PARENT
PUBLIC PLACE
REMAIN
SERIOUS BODILY INJURY
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, a natural disaster, an automobile accident, or
any situation requiring immediate action to prevent serious bodily
injury or loss of life.
Any person prosecutable per § 48.02(2), Wis. Stats.
Any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment. The terms include
the members or partners of an association or partnership and the officers
of a corporation, limited liability company (LLC) and limited liability
partnership (LLP).
A person who is:
Any place to which the public or a substantial group of the
public has access, including but not limited to streets, highways
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities and shops.
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
B.
Offenses.
(1)
A minor commits an offense if he remains in any public place or on
the premises of any establishment within the Village during curfew
hours.
(2)
A parent or guardian of a minor commits an offense if he knowingly
permits or by insufficient control allows the minor to remain in any
public place or on the premises of any establishment within the Village
during curfew hours.
(3)
The owner, operator or any employee of an establishment commits an
offense if he/she knowingly allows a minor to remain upon the premises
of the establishment during curfew hours.
C.
Defenses.
(1)
It is a defense to prosecution under Subsection B that the minor was:
(a)
Accompanied by the minor's parent or guardian;
(b)
On an errand at the direction of the minor's parent or guardian,
without any detour or stop;
(c)
In a motor vehicle involved in interstate travel;
(d)
Engaged in an employment activity, or going to or returning
home from an employment activity, without any detour or stop;
(e)
Involved in an emergency;
(f)
On the sidewalk abutting the minor's residence or abutting the
residence of a next-door neighbor if the neighbor did not complain
to the Police Department about the minor's presence;
(g)
Attending an official school, religious or other recreational
activity supervised by adults and sponsored by the Village, a civic
organization, or other similar entity that takes responsibility for
the minor, or going to or returning home from, without any detour
or stop;
(h)
Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech,
and the right of assembly; or
(i)
Married or had been married or had disabilities of minority
removed in accordance with law.
D.
Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection C is present and complies with § 938.19(2), Wis. Stats. Any person violating this Section is subject to § 1-2 of this Code.[1]
[Amended 12-11-2017]
[1]
Editor's Note: Original Sec. 12.01(4), Conduct of females
in bar rooms, which immediately followed this section, was repealed
9-10-1984.
[Added 7-28-1997 (Sec. 12.15 of the 1967 Code)]
A.
Definition. A runaway for the purpose of this section is defined
as an unemancipated person under the age of 18 years who has been
reported as a missing person/runaway to any law enforcement agency
and whose whereabouts is or was unknown to the parents, guardian,
or legal custodian.
B.
Harboring runaways prohibited. It shall be unlawful for any person
to knowingly harbor, allow, board or otherwise permit any runaway
in his or her residence or business or other property under his or
her control where such person knows or should have known the minor
to be a runaway from his or her parents, guardian or legal custodian.
C.
Assisting runaways prohibited. It shall be unlawful for any person
to knowingly assist, aid, or abet a runaway to escape apprehension
or flee from his or her parents, guardian, legal custodian or public
officials. This includes but is not limited to the following acts:
(1)
Providing transportation to the runaway;
(2)
Providing money, clothing, or any other useful instrument to the
runaway which would aid the runaway in escape;
(3)
Obstructing by providing false or untrue information regarding the
location or plan of the runaway;
(4)
Refusing to provide information to law enforcement officers when
questioned about the runaway which information was known to him at
the time and would assist in the apprehension of said runaway; or
(5)
Assisting, aiding, or abetting the runaway in any other way for the
purpose of hindering law enforcement officers or the parents, guardian
or legal custodian of the runaway from learning the whereabouts of
the child.
D.
Exception. Subsection B of this section does not apply to persons who harbor runaways by virtue of a placement by the Juvenile Court intake staff or any court.
E.
Penalty.
[Amended 12-11-2017]
[Added 7-27-2020]
A.
The Village Board hereby makes the following findings regarding sex
offenders:
(1)
The Village cites to the following publications that provide a basis
for its findings:
(a)
Roger Przybylski, Sex Offender Management Assessment and Planning
Initiative, Research Brief "Recidivism of Adult Sexual Offenders"
(July, 2015).
(b)
U.S. Department of Justice, Office of Justice Programs, Office
of Sex Offender Sentencing, Monitoring, Apprehending, Registering,
and Tracking, Sex Offender Management Assessment and Planning Initiative
(updated March, 2017).
(c)
Mariel Alper & Matthew R. Durose, U.S. Department of Justice,
Office of Justice Programs, Bureau of Justice Statistics, Special
Report "Recidivism of Sex Offenders Released from State Prison: a
nine-Year Follow-Up (2005-14)" (May, 2019).
(2)
Researchers widely agree that observed recidivism rates are underestimates
of the true reoffense rates of sex offenders. This means that the
issue of recidivism is most likely larger than shown by official records.
(3)
Recidivism rates of sex offenders increase as follow-up periods become
longer. This means that public safety is likely to be increased by
the use of longer monitoring.
(4)
Sex offenders have increased rates of both general criminal recidivism
and sexual recidivism. This means that public safety is likely to
be increased by the use of heightened monitoring.
(6)
However, the Village's Sex Offender Ordinances, Village Code §§ 422-8, 422-9 and 422-10, cover areas in addition to Wis. Stat. § 980.08, and this is also found to be reasonable for the following reasons:
(a)
The Village has had inquiries regarding sex offender regulation,
and while some sex offenders may not be persons subject to the enforcement
of current state statutes, the Village desires there to be applicable
regulation.
(b)
If the Village already possessed ordinances regulating sex offenders,
it would have already utilized such ordinances.
(c)
The Village Board believes that it is reasonable to regulate
sex offenders to the full extent legally possible in the interest
of the public health, safety and general welfare, but not to create
an excessively punitive circumstance.
B.
The Village hereby provides that a person may appeal for a variance from the Village Sex Offender Ordinances, Village Code §§ 422-8, 422-9 and 422-10, based upon an individualized assessment of such person's circumstances, pursuant to the following:
(2)
The Sex Offender Appeals Board shall be constituted by the same membership
as the Legislative Committee, which membership shall be ex officio
members of the Sex Offender Appeals Board. The Village President may
appoint additional members at his or her discretion.
(3)
The Sex Offender Appeals Board shall determine the procedures and
forms used to hear an appeal.
(4)
The Sex Offender Appeals Board may consider any evidence that it
deems relevant to consideration of a variance, including but not limited
to:
(5)
The Sex Offender Appeals Board shall grant a variance if in the absence
of a variance there would be an excessively punitive effect on the
person.
(6)
The Sex Offender Appeals Board may grant a variance subject to conditions.
[Added 7-27-2020]
A.
The definitions contained in Wis. Stat. § 980.01, and as
from time to time amended, are hereby adopted by reference into this
Code as if set forth fully herein.
B.
This Section shall not be enforced against the following:
(1)
Pursuant to Wis. Stat. § 980.135, an individual who is
released under Wis. Stat. § 980.08, or against a person
who provides housing to such an individual, so long as all of the
following apply:
(2)
An individual who has obtained an expungement pursuant to Wis. Stat.
§ 973.015, and/or a Presidential or Governor's pardon of
clemency, for all applicable convictions.
C.
This Section is applicable to all of the following persons:
(1)
Any person not exempted by Code § 422-9B and is also one of the following:
(a)
Such person has ever been subject to the Wisconsin sex offender
registration statute, Wis. Stat. § 301.45, and as from time
to time amended; or
(b)
Such person has ever been subject to a substantially similar
equivalent of the Wisconsin sex offender registration statute, Wis.
Stat. § 301.45, and as from time to time amended, of either
another state or the federal government.
D.
A person's residence must be not less than 1,000 feet from any school
premises, child-care facility, public park, place of worship, or youth
center.
(1)
However, a person is not in violation if any school premises, child-care
facility, public park, place of worship, or youth center is established
within 1,000 feet from the person's residence after he or she is placed
in the residence under this Section.
(2)
The 1,000 feet shall be measured by following a straight line from
the outer boundary line of the lot containing the residence to the
outer boundary line of the lot containing the restricted location.
The straight line shall comprise the shortest distance between the
two lots being measured.
E.
If the person committed a sexually violent offense against an adult
at risk, as defined in Wis. Stat. § 55.01(1e), or an elder
adult at risk, as defined in Wis. Stat. § 46.90(1)(br),
and as from time to time those statutes are amended, such person's
residence must be not less than 1,000 feet from a nursing home or
an assisted living facility.
(1)
However, a person is not in violation if a nursing home or an assisted
living facility is established within 1,000 feet from the person's
residence after he or she is placed in the residence under this Section.
(2)
The 1,000 feet shall be measured by following a straight line from
the outer boundary line of the lot containing the residence to the
outer boundary line of the lot containing the restricted location.
The straight line shall comprise the shortest distance between the
two lots being measured.
F.
If the person is a serious child sex offender, as defined in Wis.
Stat. § 980.01(4m), and as from time to time amended, then
such person's residence must not be on a property adjacent to a property
where a child's primary residence exists. For the purpose of this
Section, adjacent properties are properties that share a property
line without regard to a public or private road if the living quarters
on each property are not more than 1,000 feet apart.
(1)
However, a person is not in violation if a child establishes primary
residence in a property adjacent to the person's residence after the
person is placed in the residence under this Section.
G.
Notwithstanding this Section, all applicable persons already domiciled
in a residence that would otherwise be in violation of this Section
prior to the enactment of this Section are grandfathered, and may
continue to reside at the residence where already domiciled. However,
there shall be no further nonconformance or increase in the nonconformance
with the provisions of this Section except by the granting of a variance.
[Added 7-27-2020]
A.
Any person subject to the enforcement of this Section may only be
present not less than 100 feet from any of the following locations:
any school premises, child-care facility, public park, place of worship,
youth center, nursing home, or assisted living facility.
B.
This Section shall not be enforced against:
(1)
An individual who has obtained an expungement pursuant to Wis. Stat.
§ 973.015, and/or a Presidential or Governor's pardon of
clemency, for all applicable convictions.
C.
This Section is applicable to all of the following persons:
(1)
Any person who has ever been subject to the Wisconsin sex offender
registration statute, Wis. Stat. § 301.45, and as from time
to time amended.
(2)
Any person who has ever been subject to a substantially similar equivalent
of the Wisconsin sex offender registration statute, Wis. Stat. § 301.45,
and as from time to time amended, of either another state or the federal
government.
D.
The distances listed in this Section shall be measured by following
a straight line from the person's actual location to the outer boundary
line of the lot containing the restricted location. The straight line
shall comprise the shortest distance between the person and the lot
being measured.
[1]
Editor’s Note: Former § 422-8, Adoption of county minor pornography ordinance, § 422-9, Obscene material and performances, § 422-10, Obscene or disorderly conduct, § 422-11, Houses of ill fame, § 422-12, Indecent exposure and disturbing the peace, § 422-13, Drunkenness in public places, and § 422-14, Vagrancy, were repealed 12-11-2017.
[Amended 11-25-2002]
A.
Loitering or prowling. No person may 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 actor
takes flight upon the appearance of a law enforcement officer, refuses
to identify himself, or manifestly endeavors to conceal himself or
any object. Unless flight by the actor or other circumstances make
it impracticable, a law enforcement officer shall, prior to any arrest
for an offense under this section, afford the actor the 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 section if the law enforcement
officer did not comply with the preceding sentence or if it appears
at trial that the explanation given by the actor was true and, if
believed by the law enforcement officer at the time, would have dispelled
the alarm.
B.
Loitering on posted private property. It shall be unlawful for any
person to congregate, loiter, wander, stroll, or stand upon any private
property in the Village which has been posted with a notice stating
"No Loitering," "Patrons Only," or other notice indicating that said
property is not a thoroughfare for the use of the general public.
Such notice shall be at least 8 1/2 inches by 11 inches in size,
or of comparable area, and plainly posted, at least one to each property
intended to be so posted. This section shall include loitering in
parked motor vehicles.
[1]
Editor’s Note: Former § 422-16, Shoplifting, was
repealed 12-11-2017.
[Amended 9-24-1979; 12-11-2017]
[Amended 9-30-1992; 9-27-2004; 7-27-2009; 8-24-2015]
A.
No person, except a peace officer, shall fire or discharge any firearm,
rifle, or spring or air gun of any description within the Village
of Rothschild. This section shall not prevent the firing or discharging
of BB guns upon private premises by persons over 16 years of age,
or if under the direct personal supervision of a parent or guardian,
except as hereinafter provided.
(1)
Firearms, shotguns, rifles, muzzleloaders, bows/arrows and/or crossbows
may be used to lawfully hunt game on private parcels of land of 40
acres or more by the owners or lawful occupants of said private parcels
of land.
(2)
A shotgun (bird-shot-type shells only), bow/arrow and/or crossbow
may be used to lawfully hunt game on parcels of land five acres or
more by the owners or lawful occupants of said parcels of land.
(3)
Persons wishing to hunt on any public land must register per hunting
season in the Rothschild Police Department. Hunting or use of firearms,
shotgun, rifle, bow/arrow and/or crossbow is not allowed in any public
park or within 50 feet of the center line of the gravel maintenance
road of the Cedar Creek Interceptor on public property. Hunting or
use of firearms, shotgun, rifle, bow/arrow and/or crossbow is not
allowed within 50 feet of the center line of the dirt maintenance
road south of the Village garage located at 1001 Leon Street in the
Village of Rothschild.
[Amended 5-9-2022]
(4)
Except as stated above, no person shall throw or shoot any object,
arrow, stone or other missile or projectile, by hand or by any other
means, on private or public property.
(5)
Any lands owned by the Village of Rothschild are restricted to the
number of people that may hunt at any given time. A sign-up sheet
will be kept at the Village of Rothschild with the restrictions, and
Village residents will be given preference.
(6)
Hunting on the Village of Rothschild land is restricted to shotgun,
bow/arrow and/or crossbow only. There will be no hunting north of
the dirt maintenance road located at 1001 Leon Street in the Village
of Rothschild.
(7)
Recreational use of firearms will be allowed on all properties greater
than 10 acres to the south of Cedar Creek.
(8)
Any hunting stand used on public property in the Village of Rothschild
must have the owner's name and phone number affixed to it. Stands
are only allowed to be strapped to the tree, not affixed to the tree.
Stands can only be up from September 1 to December 31. Any stands
left on Village property after December 31 will be removed and sold
at auction.
[Amended 5-9-2022]
B.
Penalty. Any person violating this section shall be subject to a
forfeiture of not less than $1 nor more than $100, plus the cost of
prosecution, and upon failure to pay shall be subject to the provisions
of §§ 800.09 and 800.095, Wis. Stats., and any amendments
or reenactments of said statutes. If any damage occurs by a violation
of this section, restitution may be ordered as provided by applicable
law.
[Added 11-15-2011; amended 12-11-2017]
A.
Definitions. The definitions contained within §§ 175.60(1)
and 943.13(1e), Wis. Stats., and as they are from time to time amended,
are hereby incorporated by reference into this Section as if fully
set forth herein, except that: "weapon" is defined to mean a handgun,
an electronic weapon as defined in § 941.295(1c)(a), Wis.
Stats., a billy club, or a knife; and "firearm" is defined to mean
a gun designed to be fired from the shoulder and to utilize the energy
of gun powder or compressed air, a bow and/or arrow, and a crossbow.
B.
In addition to the provisions of Wisconsin Statutes enumerating those
places where the carrying of a weapon or a firearm is prohibited,
including exceptions thereto, it shall be unlawful for any person
other than a current law enforcement officer to enter any Village
buildings while carrying a weapon or firearm.
C.
Any person who is carrying a concealed weapon shall display his or
her license document and photographic identification card to a law
enforcement officer upon the request of the law enforcement officer
while the law enforcement officer is acting in an official capacity
and with lawful authority.
D.
Signs meeting the requirements of § 943.13(2)(bm)1, Wis.
Stats., shall be posted in prominent places near all entrances of
all Village buildings, structures or locations to prohibit the carrying
of weapons.
E.
Any person violating any of the provisions of this Section is also in violation of § 943.13, Wis. Stats., as adopted by § 422-1 of this Chapter, and shall, upon conviction thereof, be subject to § 1-2 of this Code and shall further be subject to penalty for trespass as prescribed in § 943.13, Wis. Stats. In addition, any violation of Subsection C shall be subject to those penalties set forth in § 175.60(17), Wis. Stats.
[Amended 12-11-2017]
A.
The Village hereby prohibits all forms of gambling and fraudulent
devices and practices.
B.
The Village hereby declares its policy to seize anything devised
solely for gambling or found in actual use for gambling and destroy
the device after a judicial determination that it was used solely
for gambling or found in actual use for gambling.
D.
Notwithstanding, pursuant to § 175.38, Wis. Stats., no
Village law enforcement officer may investigate violations of or otherwise
enforce §§ 945.03(2m) or 945.04(2m), Wis. Stats., and
no Village law enforcement officer may investigate violations of or
otherwise enforce § 945.05(1m), Wis. Stats., unless he or
she reasonably believes that the video gambling machine involved may
be used in connection with a violation of Ch. 945, Wis. Stats., other
than a violation of §§ 945.03(2m) or 945.04(2m); Wis.
Stats.
[Added 9-22-1980; amended 7-12-2010 (Sec. 12.045 of the 1967 Code)]
A.
Loud and disturbing noises prohibited generally. It shall be unlawful for any person to create or assist in creating any unreasonably loud and disturbing noise in the Village of Rothschild (see also § 407-8 of this Code).
B.
Measurement. For the purpose of determining decibels [dB(A)] as referred
to in this section, the noise shall be measured on the A-weighting
scale on a sound-level meter of standard design and quality having
characteristics established by the American National Standards Institute
and shall be measured at the complainant's property line.
[Amended 12-11-2017]
C.
Residential zones.
(1)
It shall be unlawful to carry on the following activities in any
residentially zoned area of the Village:
(a)
It shall be unlawful for any person to make or engage in any
unreasonably loud and raucous noise, including yelling, screaming,
shouting, hooting, whistling, singing, horns or signal devices. A
noise shall be presumed to be unreasonably loud and raucous if it
is plainly audible within a residence and measures 85 dB(A) or more
at the complainant's property line. An exception to this provision
shall include any organized sporting events, fairs, carnivals, or
similar activities. The person(s) in violation of this Section shall
be ordered to reduce the noise to acceptable levels immediately by
the monitoring officer.
[Amended 12-11-2017]
(b)
The operation of household power tools outdoors between the hours
of 9:00 p.m. and 6:00 a.m.
(c)
The operation of lawn mowers, chain saws, powered garden equipment
and other domestic tools out of doors between the hours of 9:00 p.m.
and 7:00 a.m.
(d)
Working on vehicles, revving vehicle motors, or unnecessary noises from vehicles (see also § 407-8 of this Code) between the hours of 9:00 p.m. and 7:00 a.m.
[Amended 12-11-2017]
(e)
Musical bands/instruments practicing or the unreasonable playing
of sound devices in residential areas between the hours of 9:00 p.m.
and 7:00 a.m.
(2)
Any mechanical noise which registers more than 85 dB(A) at the nearest
complainant's property line will be probable cause for a violation.
[Amended 12-11-2017]
(3)
Noise by animals, birds and fowl. The keeping of any animal, bird,
or fowl which by causing frequent or long-continued noise shall disturb
the comfort or repose of any person in the vicinity is unlawful.
(4)
In residential zones, it shall be unlawful for any person to make
or engage in any unreasonably loud and raucous noise, including yelling,
screaming, shouting, hooting, whistling, singing, horns or signal
devices. A noise shall be presumed to be unreasonably loud and raucous
if it is plainly audible within a residence and measures 85 dB(A)
or more at the complainant's property line. An exception to this provision
shall include any organized sporting events, fairs, carnivals, or
similar activities. The person(s) in violation of this section shall
be ordered to reduce the noise to acceptable levels immediately by
the monitoring officer.
[Amended 12-11-2017]
D.
Use of loudspeakers and amplifiers. It is unlawful to transmit, broadcast,
or produce any music by loudspeaker, amplifier or similar device outside
of any building, public or private, or on the inside of any building
or vehicle so as to transmit sound to the outside, either with or
without loudspeaker, amplifier or similar device, unless a special
permit is issued by the Clerk or the Chief or Police of the Village
of Rothschild.
E.
Construction noise. Construction equipment in all zones may only
be operated between the hours of 6:00 a.m. and 9:00 p.m.
[Amended 12-11-2017]
F.
Nonresidential zoning districts adjacent to residential zoning districts.
It shall be unlawful for any non-residentially zoned property adjacent
to a residentially zoned property to operate its business at or above
85 dB(A) for four consecutive hours measured at the complainant's
property line between the hours of 10:00 p.m. and 6:00 a.m. Decibel
readings over 110 dB(A) at the complaint's property line will be subject
to an immediate citation.
[Amended 12-11-2017]
G.
Schools, churches, hospitals or courts. The creation of any excessive
noise on any street or property adjacent to any school, institution
of learning, church or court while in use, or adjacent to any hospital,
which unreasonably interferes with the normal operation of that institution,
or which disturbs or unduly annoys patients in the hospital, is prohibited.
H.
Enforcement. Enforcement of this Section shall be at the discretion
of the Rothschild Police Department staff on the basis of complaints
filed with the Village of Rothschild or the Rothschild Police Department.
In all nonresidential zones, the violator shall, as soon as possible
from written notice of this violation, reduce the sound-pressure levels
to acceptable levels, not to exceed 30 days. Decibel readings over
110 dB(A) at the complainant's property line will be subject to an
immediate citation.
[Amended 12-11-2017]
I.
Exceptions. None of the terms or prohibitions shall apply to or be
enforced against:
(1)
Operation of emergency equipment and equipment used to comply with
state mandates for a safe environment. Snow blowers not operated on
a commercial basis shall be exempt from this section when used to
gain access to a Village street. Garbage and recycling trucks shall
be exempt. (Emergency equipment shall include ambulance, police, fire,
snow removal, civil defense sirens, etc., necessary for the health,
safety, and protection of the citizens of the Village of Rothschild.)
[Amended 12-11-2017]
(2)
Any vehicles of the Village of Rothschild while engaged in necessary
public business.
(3)
Emergency excavations, maintenance or repairs of any public or private
facility, including but not limited to bridges, streets, highways
or buildings, during hours of darkness.
(4)
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in nature.
J.
Appeals. The Village Board may grant an exemption to individuals
proving evidence of substantial hardship. Evidence that reasonable
technological attempts have been made to correct the problem shall
be considered grounds for granting an exception to this section for
existing businesses and industries.
[Added 10-27-2003 (Sec. 12.046 of the 1967 Code); amended 12-11-2017]
No person shall, within the Village, perform braking of a motor vehicle using unmuffled compression release engine braking, or jake brakes, except in an emergency situation. Any person violating this Section shall be subject to § 1-2 of this Code.
A.
Use prohibited. No person shall maintain, use or operate any apparatus
or device, whether electrical, mechanical, or of any other sort, so
as to cause electrostatic or electromagnetic waves to radiate so as
to interfere with radio or television reception within this municipality.
The above prohibition shall be construed to apply to radio receiving
equipment, either of the regenerative or of any other type, vibrating
battery charges, sign changers, electric refrigeration machines, electrically
driven oil pumps or furnace equipment, high-tension ignition systems,
electric transmission lines, gas or electric power plants, defective
insulators, defective transformers, badly sparking motors, and badly
sparking generators which interfere with radio reception, whether
on account of the manner of construction or manner of operation of
the apparatus.
B.
Exceptions. The above prohibition shall not apply to the following
situations. It shall not be unlawful to:
(1)
Cause radio or television interference between 2:00 a.m. and 7:00
a.m. any day.
(2)
Cause radio interference on wavelengths of more than 600 meters.
(3)
Operate violet-ray machines, diathermal machines, or any other electro-medical
devices causing radio interference between 7:00 a.m. and 6:00 p.m.,
provided that such interference is reduced as much as is reasonably
possible in every available way, and particularly by not using the
devices except when reasonably necessary and by equipping the devices
so far as is reasonably possible with filters, condensers, shields
and grounds and with any other apparatus tending to reduce interference.
[Amended 12-11-2017]
A.
It shall be unlawful for any person to leave outside of any building
or dwelling or at any other place accessible to children any unattended
or discarded icebox, refrigerator, freezer, or any other container
of any kind which has an airtight door or lock which may not be released
for opening from the inside of said icebox, refrigerator, freezer,
or container.
B.
It shall be unlawful for any person to leave outside any building
or dwelling or at any other place accessible to children any unattended
or discarded icebox, refrigerator, freezer, or container of any kind
which has an airtight snaplock without first removing said snaplock
or door from said icebox, refrigerator, freezer, or container.
[Amended 12-11-2017]
Any person who shall willfully or wantonly deface, mutilate, injure or destroy any property belonging to the Village of Rothschild or any shade tree, streetlamp, outdoor lamp, window or other valuable property within this Village shall be subject to § 1-2 of this Code.
[Amended 12-11-2017]
No person shall put up, erect, fasten, post, paint or maintain any sign, picture, poster, or advertisement, of any description, upon any curb, sidewalk, fence, board, barrel, box, case, railing, post, barricade, material, structure or building of any kind placed upon any Village street, alley, public way, public ground or public highway. Any person violating this Section shall be subject to § 1-2 of this Code.[1]
[1]
Editor’s Note: Former § 422-27, Safety rules for
theaters and public buildings, was repealed 2-12-2018.
No person, firm or corporation shall keep any bees in the Village
of Rothschild. Any person, firm or corporation violating the provisions
of this section shall, upon conviction thereof, be punished by a fine
of not less than $5 nor more than $50. Each day of such violation
shall constitute a separate offense.[1]
[1]
Editor's Note: Original Sec. 12.01(8), Meat black market,
which immediately followed this section, was repealed 6-25-2012.
