[HISTORY: Adopted by the Village Board of
the Village of Waterford as §§ 9.01, 9.02, 9.03, 9.07,
9.085, 9.10 and 9.20 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 87.
Carriage services — See Ch. 109.
Dances and dance halls — See Ch. 115.
Direct sellers — See Ch. 120.
Firearms and explosives — See Ch. 131.
Intoxicating liquor and fermented malt beverages — See Ch. 148.
Minors — See Ch. 159.
Nuisances — See Ch. 165.
Traffic and parking — See Ch. 207.
The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the municipality, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, Article II, of this Municipal Code:
Citation
|
Subject
|
---|---|
110.075(7)
|
Producing/using inspection sticker fraudulently
|
134.06
|
Motor vehicles sales/bonus to chauffeur prohibited
|
175.25
|
Illegal storage of junked vehicles
|
218.0146
|
Used cars/prohibited acts
|
218.0147
|
Motor vehicles/sale to minor
|
254.76
|
Causing fires by tobacco smoking
|
285.30(2)
|
Pollution by motor vehicle/failure to repair
|
287.81
|
Littering
|
346.935
|
Drinking in motor vehicles on highway
|
939.05
|
Aiding and abetting
|
939.22
|
Words and phrases defined
|
940.19(1)
|
Battery
|
941.10
|
Negligent handling of burning material
|
941.12(2) and (3)
|
Interfering with fire fighting
|
941.13
|
False alarms
|
941.20(1)
|
Endangering safety by use of dangerous weapon
|
941.23
|
Carrying concealed weapon
|
941.24
|
Possession of switchblade knife
|
943.01(1)
|
Damage to property
|
943.017(1)
|
Graffiti
[Added 4-24-2000 by Ord. No. 397] |
943.11
|
Entry into locked vehicle
[Added 4-24-2000 by Ord. No. 397] |
943.125
|
Entry into locked coin box
[Added 4-24-2000 by Ord. No. 397] |
943.13
|
Trespass to land
|
943.14
|
Criminal trespass to dwellings
|
943.145
|
Criminal trespass to medical facility
[Added 4-24-2000 by Ord. No. 397] |
943.15
|
Entry onto a construction site or into a locked
building, dwelling or room
[Added 4-24-2000 by Ord. No. 397] |
943.20
|
Theft (value under $1,000)
|
943.22
|
Use of cheating tokens
[Added 4-24-2000 by Ord. No. 397] |
943.24(1)
|
Issue of worthless checks
|
943.50
|
Retail theft (value under $1,000)
|
943.55
|
Removal of shopping cart
[Added 4-24-2000 by Ord. No. 397] |
943.61
|
Theft of library material (value under $1,000)
[Added 4-24-2000 by Ord. No. 397] |
944.15
|
Fornication
|
944.20
|
Lewd and lascivious behavior
|
944.23
|
Making lewd, obscene or indecent drawings
|
944.30
|
Prostitution
|
944.31
|
Patronizing prostitutes
|
944.33(1)
|
Pandering
|
945.01
|
Definitions (relating to gambling)
|
945.02
|
Gambling
|
945.04
|
Permitting premises to be used for commercial
gambling
|
946.40
|
Refusing to aid officer
|
946.41
|
Resisting or obstructing officer
|
946.42(1) and (2)
|
Escape
|
946.70
|
Impersonating peace officers
|
946.72(2)
|
Tampering with public records and notices
|
947.01
|
Disorderly conduct
|
947.06
|
Unlawful assemblies and their suppression
|
947.011
|
Disrupting a funeral or memorial service
[Added 2-25-2008 by Ord. 525] |
947.012
|
Unlawful use of telephone
[Added 2-25-2008 by Ord. 525] |
947.0125
|
Unlawful use of computerized communication systems
[Added 2-25-2008 by Ord. 525] |
948.51
|
Hazing
|
ch. 951
|
Crimes against animals
[Amended 1-23-2006 by Ord. No. 490] |
961.41
|
Possession of marijuana; prohibited acts —
penalties
|
961.571
|
Definitions
[Added 6-12-2006 by Ord. No. 499] |
961.572
|
Determination
[Added 6-12-2006 by Ord. No. 499] |
961.573
|
Possession of drug paraphernalia
[Added 6-12-2006 by Ord. No. 499] |
961.574
|
Manufacture or delivery of drug paraphernalia
[Added 6-12-2006 by Ord. No. 499] |
961.575
|
Delivery of drug paraphernalia to a minor
[Added 6-12-2006 by Ord. No. 499] |
No person shall assist, aid or abet any person
in the custody of any police or peace officer to escape from such
custody.
No person shall, without reasonable excuse or
justification, resist or interfere with any officer of the Village
while such officer is doing any act in his official capacity and with
lawful authority.
No person shall leave unattended in the Village
any power machinery or equipment operated by hydraulic, air, mechanical
or hand power if any moving or movable part is in a raised or extended
position without having a safety lock attached to avoid the accidental
falling or lowering of such part.
[Added 7-14-2003 by Ord. No. 435]
A.
State statute adopted. Wis. Stats. § 947.013(1m)
is adopted and further broadened as set forth herein,
B.
COURSE OF CONDUCT
Definition. As used in this section, the following
term shall have the meaning indicated:
A pattern of conduct composed of a series of acts (consisting
of at least two acts) over a period of time, however short, evidencing
a continuity of purpose.
C.
Harassment prohibited. No person, with intent to harass
or intimidate another person, may:
(1)
Strike, shove, kick or otherwise subject the person
to physical contact or attempt or threaten to do the same; or
(2)
Engage in a course of conduct or repeatedly commit
acts which harass or intimidate the person and which serve no legitimate
purpose. Such course of conduct or repeated acts may consist of conduct
which is solely verbal, solely physical, or a combination of both.
[1]
Editor's Note: Former § 174-6, Drinking in public, was
repealed 9-10-2018 by Ord. No. 668.
[Added 1-23-2006 by Ord. No. 489]
A.
No operator of any motor vehicle shall cause, by excessive
and unnecessary acceleration, the tires of such vehicle to spin and
emit loud noises or to unnecessarily throw stones or gravel, nor shall
such operator cause to be made by excessive and unnecessary acceleration
any loud noise such as would disturb the public peace.
B.
No operator of any motor vehicle shall operate a vehicle
in a manner which demonstrates carelessness or indifference to the
person or property of the operator or of others, or in a manner which
is careless, unsafe, boisterous, raucous, unreasonably loud or otherwise
disorderly.
[Added 11-12-2007 by Ord. No. 521]
It shall be unlawful for any person to operate
or ride a skateboard in the following places:
[Added 8-8-2016 by Ord.
No. 639; amended 7-24-2017 by Ord. No. 653]
A.
Findings and intent.
(1)
Findings. The Village Board finds that repeat sex offenders,
sex offenders who use physical violence and sex offenders who prey
on children are persons who present an extreme threat to the public
safety. Sex offenders often commit many offenses, have many more victims
than are ever reported, and are prosecuted for only a fraction of
their crimes. This makes the cost of sex offender victimization to
society at large, while incalculable, clearly exorbitant.
(2)
Intent.
(a)
It is not the intent of the Village Board to punish sex offenders,
but rather to serve the Village's compelling interest to promote,
protect and improve the health, safety and welfare of the citizens
of the Village by creating areas around locations where children regularly
congregate in concentrated numbers, wherein certain sex offenders
are prohibited from establishing temporary or permanent residence.
(b)
Due to the high rate of recidivism for sex offenders, and because
reducing both opportunity and temptation would help minimize the risk
of reoffense, there is a compelling need to protect children where
they congregate or play in public places.
(c)
The restrictions in this chapter are limited to, and intended
to apply, to the group of designated sex offenders, defined below,
who present the most risk to the community.
B.
CHILD
CHILDCARE FACILITY
CRIME AGAINST A CHILD
DESIGNATED SEX OFFENDER
(1)
(2)
(3)
MINOR
PRIVATE PARK
PUBLIC LIBRARY
PUBLIC PARK
RESIDENCE (RESIDE)
SCHOOL
SCHOOL PREMISES
SEXUALLY VIOLENT PERSON
YOUTH CENTER
Definitions. In the interpretation and enforcement of this section,
the following definitions apply:
A person under the age of 18 years.
A childcare facility that is operated by a person under Wis.
Stats. § 48.65 or certified under § 48.651 or
that is established or contracted for under Wis. Stats. § 120.13(4).
Any of the following offenses set forth within the Wisconsin
Statutes, as amended, or the laws of this or any other state or the
federal government, having like elements necessary for conviction,
respectively: s. 940.22(2) Sexual Exploitation by Therapist; s. 940.30
False Imprisonment where victim was a minor and not the offender's
child; s. 940.31 Kidnapping where victim was minor and not the offender's
child; s. 944.01 Rape (prior statute); s. 944.06 Incest where the
victim was a minor; s. 944.10 Sexual Intercourse with a Child (prior
statute); s. 944.11 Indecent Behavior With a Child (prior statute);
s. 944.12 Enticing Child for Immoral Purposes (prior statute); s.
948.02(1) First Degree Sexual Assault of a Child; s. 948.02(2) Second
Degree Sexual Assault of a Child; s. 948.025 Engaging in Repeated
Acts of Sexual Assault of the Same Child; s. 948.05 Sexual Exploitation
of a Child; s. 948.051 Trafficking of a Child; s. 948.055 Causing
a Child to View or Listen to Sexual Activity; s. 948.06 Incest with
a Child; s. 948.07 Child Enticement; s. 948.075 Use of a Computer
to Facilitate a Child Sex Crime; s. 948.08 Soliciting a Child for
Prostitution; s. 948.085 Sexual Assault of a Child Placed in Substitute
Care; s. 948.095 Sexual Assault of a Student by School Staff; s. 948.11(2)(a)
or (am) Exposing Child to Harmful Material, felony sections; s. 948.12
Possession of Child Pornography; s. 948.13 Convicted Child Sex Offender
Working with Children; s. 948.30 Abduction of Another's Child;
s. 971.17 Commitment of Persons Found Not Guilty by Reason of Mental
Disease or Mental Defect of an offense included herein; s. 975.06
Sex Crimes Law Commitment for an offense included herein; and s. 980.01
Sexually Violent Person Commitment for an offense included herein.
Any person who is required to register under Wis. Stats. § 301.45
for any crime against a child, as defined herein or any person who
is required to register under Wis. Stats. § 301.45 and who
is subject to the special bulletin notification process set forth
in Wis. Stats. §§ 301.46(2) and (2m).
Any person subject to the Sex Crimes Commitment provisions of
Wis. Stats. § 975.06 or Sexually Violent Person Commitment
set forth in Wis. Stats. § 980.01.
Any person found not guilty by reason of disease or mental defect
placed on lifetime supervision under Wis. Stats. § 971.17
(1j).
For purposes of this section, a person under the age of 18
years.
A park, playground, recreational trail, boat launch, or marina
that is owned or maintained by a homeowners' association, condominium
association, church, private school, or private entity.
A library regulated under Wis. Stats. Ch. 43.
A park, playground, recreational trail, boat launch, or marina
that is owned or maintained by the state or by a city, village, town
or county.
A place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
A public school, parochial or private school, or tribal school,
as defined in Wis. Stats. § 115.001 (15m), which provides
an educational program for one or more grades between grades 4-K and
12 and which is commonly known as a preschool, elementary school,
middle school, junior high school, senior high school, or high school.
Any school building, grounds, recreation area or athletic
field or any other property owned, used or operated for school administration.
Has the meaning set forth in Wis. Stats. § 980.01(7).
Any center that provides, on a regular basis, recreational,
vocational, academic, or social services activities for persons younger
than 18 years old or for those persons and their families.
C.
Residency restrictions.
(1)
Restrictions.
(a)
A designated sex offender shall not establish a residence or reside within 750 feet of any childcare facility, private park, public park, public library, school, school premises, or youth center, as defined in this section and as shown on the list of Designated Sex Offender Prohibited Locations, unless a greater restriction is required as set forth in Subsection C(1)(b).
(b)
The provisions of Wis. Stats. § 980.08 are adopted
for persons subject thereto.
(2)
Map of restricted locations. The Village Clerk shall maintain an official map showing Designated Sex Offender Prohibited Locations set forth in Subsection C(1)(a). The Village Clerk shall update the map at least annually to reflect any changes in the location of prohibited locations. These shall be designated on the map as "child safety zones."
(3)
Measurement of distance. For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the residence to the nearest outer property line of the prohibited location set forth in Subsection C(1). Where a multibuilding development, such as a condominium, apartment complex, or manufactured home park, contains more than one building on a single lot, the measurement shall be taken by following a straight line from the building containing the residence to the nearest outer property line of the prohibited location set forth in Subsection C(1).
D.
Residency restriction exceptions. A sex offender residing within a prohibited area as described in Subsection C does not commit a violation of this section if any of the following apply:
(1)
The person established a permanent residence or temporary residence
and reported and registered the residence pursuant to Wis. Stats.
§ 301.45, before the effective day of this section.
(2)
The person was under 17 years of age and not required to register
under Wis. Stats. §§ 301.45 or 301.46.
(3)
The child-care facility, public library, private park, public
park, school, school premises, or youth center within 750 feet of
the person's permanent residence or temporary residence was opened
after the person established the residence and reported and registered
the residence pursuant to Wis. Stats. § 301.45.
(4)
The residence is also the primary residence of the person's
spouse, parents, grandparents, legal guardian if the person is a minor,
siblings or children, provided that the spouse, parents, grandparents,
legal guardian, siblings or children established the residence at
least one year before the designated sex offender established residence
at the location.
E.
Loitering.
(1)
It shall be unlawful for any person defined as a designated sex offender in Subsection B to loiter or prowl in any location specified in Subsection C(1)(a) in a place, at a time, or 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 appearance of a law enforcement officer, refuses to identify himself or herself or manifestly endeavors to conceal himself or herself or any object. Unless flight by the actor or other circumstances makes it impractical, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify himself or herself or explain his or her presence and conduct at the aforementioned location. 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.
(2)
Exceptions. The prohibitions set forth in Subsection E(1) shall not apply where the actor was with his or her parent or other adult person having his or her care, custody or control; or the actor was exercising First Amendment rights protected by the United States Constitution, including freedom of speech, free exercise of religion and the right of assembly.
F.
Violations and penalties. See the general penalty provisions set forth under Chapter 1 of this Municipal Code. Each day a violation continues shall constitute a separate offense. In addition:
(1)
A person who violates any provision of Subsection C shall be subject to a forfeiture of not less than $500 and no more than $1,000 for each violation.
(2)
Any person violating Subsection E shall forfeit not less than $1,000 and no more than $2,000 for each violation.
(3)
In addition, the Village may undertake all other legal and equitable
remedies available.
G.
Severability. The provisions of this section shall be deemed severable
and it is expressly declared that the Village Board would have passed
the other provisions of this section irrespective of whether or not
one or more provisions may be declared invalid. If any provision of
this section or the application to any person or circumstance is held
invalid, the remainder of the section or the application of such other
provisions to other persons or circumstances shall not be affected.