A.
Discharging firearms prohibited. No person shall fire or discharge
any gun, pistol, shotgun or other firearm within any densely populated
area in the Town of Vinland except in the necessary defense of his/her
person or property. For the purposes of this section, "densely populated
areas" shall mean the following residential areas where residential
structures are less than 500 feet apart:
(1)
Paynes Point Beach Road, to a distance of 300 feet from either side
of its center line or to the shore of Lake Winnebago, whichever is
greater.
(2)
Cowling Bay Road, to a distance of 300 feet from either side of its
center line or to the shore of Lake Winnebago, whichever is greater.
(3)
Nelson Court, to a distance of 300 feet from either side of its center
line.
(4)
Old Glory Lane, to a distance of 300 feet from either side of its
center line or to the shore of Lake Winnebago, whichever is greater.
(5)
I Ah Maytah Road, to a distance of 300 feet from either side of its
center line or to the shore of Lake Winnebago, whichever is greater.
(6)
St. Ives Lane, to a distance of 300 feet from either side of its
center line or to the shore of Lake Winnebago, whichever is greater.
(7)
Clevedon Lane, to a distance of 300 feet from either side of its
center line or to the shore of Lake Winnebago, whichever is greater.
(8)
County Road G, from its intersection with Hilltop Road to its intersection
with Angell Road to a distance of 300 feet from either side of its
center line.
B.
Exceptions. The prohibitions contained in Subsection A shall not apply during the months of October and November for the purposes of waterfowl hunting over Lakes Butte des Morts and Winnebago when and where life or property are not in danger.
C.
Dangerous discharge of firearms. No person shall fire or discharge
any gun, pistol, shotgun or other firearm within the Town of Vinland
if such firing or discharge may cause injury or damage to another
person, domestic animal or property, except in the necessary defense
of his/her person or property.
A.
Obstructing streets. No person shall obstruct, loiter, cause a nuisance
or engage in any sport or exercise on any public street, sidewalk,
bridge or public ground within the Town of Vinland in such a manner
as to:
(1)
Prevent or obstruct the free passage of pedestrian or vehicular traffic
thereon;
(2)
Prevent or hinder free ingress or egress to or from any place of
business or amusement, church, public hall or meeting place; or
(3)
Cause a nuisance by congregating and hindering the free passage of
pedestrian or vehicular traffic.
B.
Obstructing sidewalk prohibited. No person shall block any sidewalk
or bridge by obstructing the same that it is impossible for a pedestrian
to travel along the sidewalk without leaving the sidewalk and walking
on adjacent property or on the street.
C.
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the Town of Vinland.
To interfere with unobstructed travel by any means, including
but not limited to standing on the part of the walk that is fit for
travel or placing any object or vehicle whatsoever on such sidewalk.
Any sidewalk owned or maintained by the Town. The term shall
not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
D.
Free speech. This section shall not be interpreted as prohibiting
any person from stopping on any sidewalk to talk in such a manner
that it is impossible for any pedestrian to travel along the sidewalk
without leaving the sidewalk and walking on adjacent property or on
the street. If two or more persons are engaged in talking while stopping
on a sidewalk, they shall not stand in such locations as to completely
prevent any pedestrian from passing them on the sidewalk.[1]
A.
Public property loitering prohibited.
(1)
No person shall loiter in or about any public street, public sidewalk,
street crossing, alley, bridge, public parking lot or other place
of assembly or public use after being requested to move by any law
enforcement officer.
(2)
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.
(3)
No person shall loiter in or about any toilet open to the public
for the purpose of engaging in or soliciting any lewd or lascivious
conduct to any lawful act.
(4)
No person shall loiter in or about any school or public place at
or near which children or students attend or normally congregate.
As used in this subsection, "loiter" means to delay, to linger or
to idle in or about any said school or public place without a lawful
purpose for being present.
B.
Private property loitering prohibited.
(1)
No person shall loiter in or about any private premises or adjacent
doorways or entrances or upon private property held out for public
use, including, but not limited to, business or industry parking lots
or shopping malls, without invitation from the owner or occupant or
by any person in authority at such places. No person shall loiter
in or about the doorway, stairway, steps or entrance of any business
place or private residence without the expressed consent of the owner
thereof or at any time other than usual business hours. Under this
subsection, "business place" shall include public building at such
times that the same shall be closed for the usual and normal business
conducted thereat.
(2)
Upon being requested to move by any such person in authority or by
any police officer, a person shall immediately comply with such request
by leaving the premises or area thereof at the time of the request.
(3)
No person shall sit, lie or otherwise recline upon or against any
parked motor vehicle without the expressed consent of the owner thereof,
whether such be parked upon a public street, alley, parking lot, driveway
or private premises.
(4)
No person shall stand or loiter on any roadway other than in a safety
zone if such act interferes with the lawful movement of traffic.
C.
Loitering or prowling prohibited.
(1)
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/herself
or manifestly endeavors to conceal himself/herself or any object.
Unless flight by the person or other circumstances makes it impracticable,
a law enforcement 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/her to
identify himself/herself and explain his/her presence and conduct.
No person shall be convicted of an offense under this subsection if
the law enforcement 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 law enforcement officer at the time,
would have dispelled the alarm.
(2)
No person shall hide, wait or otherwise loiter in the vicinity of
any private dwelling house, apartment building or any other place
of residence with the unlawful intent to watch, gaze or look upon
the occupants therein a clandestine manner.
(3)
No person shall lodge in any building, structure or place, whether
public or private, without permission of the owner or person entitled
to possession or in control thereof.
(4)
No person shall loiter in or about a restaurant, tavern or other
public building. As used in this subsection, "loiter" means to, without
just cause, remain in a restaurant, tavern or public building or to
remain upon the property immediately adjacent thereto after being
asked to leave by the owner or person entitled to possession or in
control thereof.
D.
Loitering by underage persons where alcohol beverage is dispensed.
(1)
Underage persons and intoxicants. No underage person shall enter,
remain or loiter in any public or private place where any fermented
malt beverage or other alcohol beverage is sold, dispensed, given
away or made available, unless accompanied by a parent, guardian or
spouse who has attained the legal drinking age.
(2)
Permitting loitering prohibited. No person of legal drinking age
shall permit any underage person to enter, remain or loiter in any
premises, public or private, where fermented malt beverages or other
alcohol beverages are served, sold, dispensed, given away or made
available, unless such underage person is accompanied by a parent,
guardian or spouse who has attained the legal drinking age.
E.
LOITER
NUISANCE
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground, which is offensive to the public
morals or decency of the citizens of the Town of Vinland.
F.
Soliciting. No person shall loiter in or near any thoroughfare or
place open to the public in a manner and under circumstances manifesting
the purpose of inducing, enticing, soliciting or procuring another
to commit an act of prostitution. Among the circumstances which may
be considered in determining whether such purpose is manifested: that
such person is a known prostitute or panderer, that such person repeatedly
beckons to stop or attempts to stop or engages male or female passersby
in conversation or repeatedly stops or attempts to stop motor vehicle
operators by hailing, waving of arms or any other bodily gesture.
The violator's conduct must be such as to demonstrate a specific intent
to induce, entice, solicit or produce another to commit an act of
prostitution. No arrest shall be made for a violation of this subsection
unless the law enforcement officer first affords such persons an opportunity
to explain such conduct, and no one shall be convicted of violating
this subsection if it appears at trial that the explanation given
was true and disclosed a lawful purpose. As used in this subsection:
(1)
"Public place" is an area generally visible to public view and includes
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking
lots, automobiles, whether moving or not, and buildings open to the
general public, including those which serve food or drink or provide
entertainment, and the doorways and entrances to buildings or dwellings
and the grounds enclosing them.
(2)
"Known prostitute or panderer" means a person who, within five years
previous to the date of the arrest for violation of this section,
had, within the knowledge of the sworn police officer, been convicted
in any municipal court or circuit court in the State of Wisconsin
of an offense involving prostitution.
A.
A BAND LEVEL
AMBIENT NOISE
BAND-PRESSURE LEVEL
COMMERCIAL PURPOSE
CYCLE
DECIBEL
FREQUENCY
MICROBAR
NONCOMMERCIAL PURPOSE
PERIOD
PERIODIC QUANTITY
SOUND ANALYZER
SOUND TRUCK
SOUND-AMPLIFYING EQUIPMENT
SOUND-LEVEL METER
SOUND-PRESSURE LEVEL
SPECTRUM
Definitions. Unless the context clearly indicates otherwise, the
words and phrases used in this section are defined as follows:
The total sound level of all noise as measured with a sound
level meter using "A" weighting network. The unit is the dbA.
The all-encompassing noise associated with a given environment,
usually being a composite of sounds with many sources near and far.
The sound-pressure level for the sound contained within the
restricted band.
Includes the use, operation or maintenance of any sound-amplifying
equipment for the purpose of advertising any business, or any goods
or any services, or for the purpose of attracting the attention of
the public to or advertising for or soliciting patronage or customers
to or for any performance, show, entertainment, exhibition or event,
or for the purpose of demonstrating any such sound equipment, or for
the purpose of entertaining customers and occupants of taverns and
other places of commercial business.
The complete sequence of values of a periodic quantity which
occurs during a period.
A unit used to express the ratio of two values of a physical
quantity which are proportional to power; the number of decibels corresponding
to the ratio of two amounts of power is 10 times the logarithm to
the base 10 of this ratio.[1]
The reciprocal of the primitive period. The unit is the cycle
per unit time and shall be specified.
A unit of pressure commonly used in acoustics and is equal
to one dyne per square centimeter.
The use, operation or maintenance of any sound equipment
for other than a commercial purpose. "Noncommercial purpose" shall
mean and include, but shall not be limited to, philanthropic, political,
patriotic and charitable purposes.
The smallest increment of time for which the function repeats
itself.
Oscillating quantity, the values of which recur for equal
increments of time.
A device for measuring the band pressure level or pressure
spectrum level of sound as a function of frequency.
Any motor vehicles or any other vehicle regardless of motive
power, whether in motion or stationary, having mounted thereon, or
attached thereto, any sound-amplifying equipment.
Any machine or device for the amplification of the human
voice, music or any other sound. Sound-amplifying equipment shall
not include standard automobile radios when used and heard only by
the occupants of the vehicle in which the automobile radio is installed.
Sound-amplifying equipment, as used in this section, shall not include
warning devices or authorized emergency vehicles or horns or other
warning devices on any vehicle used only for traffic safety purposes.
An instrument including a microphone, an amplifier, an output
meter, and frequency weighting networks for the measurement of noise
and sound levels in a specified manner.
Twenty times the logarithm to the base 10 of the ratio of
the pressure of this sound to the reference pressure, which reference
pressure shall be explicitly stated.
A description of its resolution into components, each of
a different frequency.
B.
Decibel measurement criteria. Any decibel measurement made pursuant
to the provisions of this section shall be based on a reference sound
pressure of 0.0002 microbars as measured in any octave band with center
frequency, in cycles per second, as follows: 63, 125, 250, 500, 1,000,
2,000, 4,000 and 8,000 or as measured with a sound level meter using
the "A" weighting.
C.
Special noise sources.
(1)
Radio, television sets and similar devices.
(a)
Use restricted. It shall be unlawful for any person to use,
operate or permit to be played any radio receiving set, musical instrument,
television, phonograph, drum or other machine or device for the production
or reproduction of sound in such a manner as to cause to be made or
continued any unnecessary noise as heard without measurement.
(b)
Prima facie violation. The operation of any such set, instrument,
television, phonograph, machine or device at any time in such a manner
as to be plainly audible at either property line, or 25 feet in the
case of a vehicle on public right-of-way, shall be prima facie evidence
of a violation of this section.
(2)
Animals and fowl. No person shall keep or maintain, or permit the
keeping of, upon any premises owned, occupied or controlled by such
person, any animal or fowl otherwise permitted to be kept which by
any sound, cry or behavior shall cause annoyance or discomfort to
a reasonable person of normal sensitivities in any residential neighborhood.
(3)
Additional regulations. It shall be unlawful for any person to willfully
make or continue, or cause to be made or continued, any loud, unnecessary
or unusual noise which disturbs the peace or quiet of any neighborhood
or which causes discomfort or annoyance to any reasonable person of
normal sensitivities residing in the area. The standards which shall
be considered in determining whether a violation of the provisions
of this section exists shall include, but not be limited to, the following:
(a)
The volume of the noise.
(b)
The intensity of the noise.
(c)
Whether the origin of the noise is natural or unnatural.
(d)
The volume and intensity of the background noise, if any.
(e)
The proximity of the noise to residential sleeping facilities.
(f)
The nature and zoning of the area within which the noise emanates.
(g)
The density of the inhabitation of the area within which the
noise emanates.
(h)
The time of the day or night the noise occurs.
(i)
The duration of the noise.
(j)
Whether the noise is recurrent, intermittent or constant.
(k)
Whether the noise is produced by a commercial or noncommercial
activity.
D.
Amplified sound.
(1)
General restrictions. Except as provided by this section, it shall
be unlawful for any person other than personnel of government law
enforcement or fire protection agencies and emergency health services
to maintain or operate with the Town of Vinland any loudspeaker or
sound-amplifying equipment connected with any radio, phonograph, microphone
or other device by which sounds are magnified and made over any public
street or public place without first having secured a permit.
(2)
Permit process. Every user of loudspeakers or sound-amplifying equipment
shall file an application with the Clerk at least five days prior
to the date on which the equipment is to be used, setting forth the
following information:
(a)
The name, address and telephone number of both the owner and
user of the sound-amplifying equipment.
(b)
The maximum sound-producing power of the sound-amplifying equipment,
which shall include the wattage to be used, the volume in decibels
of sound which will be produced and the approximate distance for which
sound will be audible from the sound-amplifying equipment.
(c)
The license and motor number if a sound truck is to be used.
(d)
A general description of the sound-amplifying equipment which
is to be used.
(e)
Whether the sound-amplifying equipment will be used for commercial
or noncommercial purposes.
(3)
Fees. No fee shall be required for the operation of a loudspeaker
or sound-amplifying equipment for noncommercial purposes. Applications
for permits for commercial purposes shall be accompanied by payment
of a fee in the amount provided in the current Town Fee Schedule.[2]
(4)
Approval permit.
(a)
The Town Clerk shall approve the application unless the Clerk
finds that:
[1]
The conditions of the motor vehicle movement are such that use
of the equipment would constitute a detriment to traffic safety; or
[2]
The conditions of pedestrian movement are such that use of the
equipment would constitute a detriment to traffic safety; or
[3]
The registration statement reveals that the applicant would
not be able to comply with the provisions of this chapter.
(b)
Upon approval, the Clerk shall issue the applicant a permit
for operation of the equipment.
(5)
Regulations. The commercial and noncommercial use of loudspeakers
and sound-amplifying equipment shall be subject to the following regulations:
(a)
The only sound permitted to be amplified shall be music and/or
human speech;
(b)
The operation of loudspeakers and sound-amplifying equipment
shall not occur except between the hours of 12:00 Noon and 12:00 Midnight
Friday and Saturday.
(c)
No sound emanating from loudspeakers or sound-amplifying equipment
shall exceed 15 dbA above the ambient as measured at any property
line.
(d)
In all events, the volume of sound shall be so controlled that
it will not be unreasonably loud, raucous, jarring, disturbing or
a nuisance to reasonable person of normal sensitivity within the area
of audibility.[3]
(e)
No person operating a loudspeaker or sound-amplifying equipment
shall cause or permit to be emanated or emitted from such equipment
any loud, obscene, profane or indecent language or sounds.
(6)
Exceptions. The provisions of Subsection D shall not apply to radios, television sets and similar devices in homes or private pleasure vehicles which are subject to the provisions of Subsection C; or to noncommercial public speaking and public assembly activities on public property; or any noise emitted from emergency warning devices.
A.
Disorderly conduct prohibited. No person within the Town of Vinland
shall:
(1)
In any public or private place, engage in violent, noisy, riotous,
abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct which tends to cause or provoke an immediate disturbance
of public order or tends to annoy or disturb any other person;
(3)
Indecently expose his or her person; or
(4)
Be in any business or private structure, private vehicle or upon
any private grounds without the consent of the owner.
B.
Defecating or urinating in public places. It shall be unlawful for
any person to defecate or urinate outside of designed sanitary facilities,
upon any sidewalk, street, alley, public parking lot, park, playground,
cemetery or other public area within the Town, or upon any private
property in open view of the public, or in the halls, rooms without
restroom facilities, stairways or elevators of public or commercial
buildings.[2]
A.
Harassment. No person, with intent to harass or intimidate another
person, shall do any of the following; each instance shall be considered
a separate violation:
B.
Harassing or obscene telephone calls. Whoever commits any of the
following acts shall be subject to the general penalty as provided
in this Code:
(1)
Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent;
(2)
Makes a telephone call, whether or not conversation ensues, with
the intent to abuse, threaten or harass any person at the called number
or numbers;
(3)
Makes or causes the telephone of another repeatedly or continuously
to ring, with intent to harass any person at the called number or
numbers;
(4)
Makes repeated telephone calls, during which conversation ensues,
solely to harass any person at the called number or numbers;
(5)
Knowingly permits any telephone under his/her control to be used
for any purpose prohibited by this section; or
(6)
In conspiracy or concerted action with other persons, makes repeated
calls or simultaneous calls solely to harass any person at the called
number or numbers.
No person shall have or permit on any premises owned or occupied
by him/her any open cisterns, cesspools, wells, unused basements,
excavations or other dangerous openings. All such places shall be
filled, securely covered or fenced 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.
