A. 
Discharge and possession of firearms regulated. No person, except a law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description, blowgun, or bow and arrow within the Village, nor shall any person within the Village have any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow in his/her possession or under his/her control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to state law.
B. 
Shooting into Village limits. No person shall in the territory adjacent to the Village discharge any firearm in such manner that the discharge shall enter or fall within the Village.
C. 
Shooting ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the Village Board, after an advisory recommendation from the Dane County Sheriff, where proper safety precautions are taken.
D. 
Explosive devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the Village without first obtaining a permit to do so from the Village Board.
E. 
Hunting prohibited. Hunting is prohibited within the corporate limits of the Village of Black Earth.
F. 
Definitions. For purposes of this section, "firearm" is defined as any instrumentality from or with which a shot, bullet, or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring, or other similar mechanical device or gunpowder.
A. 
Concealed weapons prohibited. No person shall, within the Village, wear or in any manner carry under his/her clothes or conceal upon or about his/her person any deadly or dangerous weapon, provided that this subsection shall not apply to a peace officer or such persons as may be authorized to carry such weapons.
B. 
Dangerous weapon defined. "Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. Electronic weapons, such as stun guns, are included within this definition.
C. 
Weapons in public establishments. No person shall carry or be possessed of a dangerous weapon in any public building or business establishment open to the public, including establishments with Class A or B beverage licenses, except a bona fide weapons repair, display or sales establishment. "Dangerous weapon" includes any rifle, shotgun, handgun, spring gun, airgun or bow and arrow device. This subsection shall not apply to law enforcement officers or others duly authorized by law acting within the scope of their duties. "Law enforcement officer" means any person employed by the state or any political subdivision of the state for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he is employed to enforce. This subsection shall not be construed to prohibit the sale, purchase, repair or trade of firearms by a retail business establishment doing so in the course of its regular business in accord with state and federal law nor to hinder a prospective customer from attempting to buy, sell or trade firearms to or from a retailer.
D. 
Specific concealed weapons prohibited. No person, except a sheriff, constable, or other law enforcement officer acting within the scope of his duties, shall carry or wear concealed about his person any pistol revolver, uncased firearm, slingshot, cross knuckle of lead, brass or other metal, bowie knife, switchblade, dirk, dagger, meat cleaver or any other dangerous or deadly weapon within the Village.
A. 
No person shall sell, manufacture, purchase, possess, or carry a numchuk (also called a "nunchaku") or a churkin or a sucbai or similar weapon within the Village.
B. 
For the purpose of this section the following definitions shall apply:
CHURKIN
A round throwing knife consisting of several sharp points protruding from a rounded disc.
NUMCHUK or NANCHAKU
An instrument consisting of two or more sticks, a rope, cord, wire or chain.
SUCBAI
A short length of wood or metal or similar material which when gripped in the hand protrudes on either side of the fist. Such prohibited instrument may or may not have spikes or short pointed protrusions from either end.
C. 
Any device described in Subsection B above shall be seized by a law enforcement officer and destroyed or turned over to the State of Wisconsin Crime Laboratories for destruction.
A. 
Definitions. As used in this section, the following terms shall have the following meanings:
AIRCRAFT
Has the meaning given under § 114.002(3), Wis. Stats.
ENCASED
Enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
FIREARM
A weapon that acts by force of gunpowder.
HIGHWAY
Has the meaning given under § 340.01(22), Wis. Stats.
MOTORBOAT
Has the meaning given under § 30.50(6), Wis. Stats.
ROADWAY
Has the meaning given under § 340.01(54), Wis. Stats.
UNLOADED
Any of the following:
(1) 
Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.
(2) 
In the case of a cap lock muzzle-loading firearm, having the cap removed.
(3) 
In the case of a flint lock muzzle-loading firearm, having the flashpan cleaned of powder.
VEHICLE
Has the meaning given under § 340.01(74), Wis. Stats., and includes a snowmobile as defined under § 340.01(58a), Wis. Stats.
B. 
Prohibitions; vehicles; highways and roadways.
(1) 
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(2) 
Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
(3) 
Except as provided in Subsection C(1) and (5), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.
(4) 
A person who violates Subsection B(1) through (3) above is subject to a forfeiture of not more than $100.
C. 
Exceptions.
(1) 
Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
(a) 
A peace officer, as defined under § 939.22(22), Wis. Stats.
(b) 
A member of the United States Armed Forces.
(c) 
A member of the National Guard.
(2) 
Subsection B(1), (2) and (3) do not apply to the holder of a scientific collector permit under § 29.614, Wis. Stats., who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.
(3) 
Subsection B(2) and (3) does not apply to the holder of a permit under § 29.193(2), Wis. Stats., who is hunting from a standing automobile in accordance with that subsection.
(4) 
Subsection B(2) does not prohibit a person from leaning an unloaded firearm against a vehicle.
(5) 
Subsection B(4) does not apply to a person who is legally hunting small game with a muzzle-loading firearm or with a shotgun loaded with shotshell or chilled shot number BB or smaller, if the surface of the highway or roadway is anything other than concrete or blacktop.
It shall be unlawful for any person to discharge, shoot or throw by any means any dangerous missile, object, arrow, stone, snowball, pellet or other missile within the Village; provided, however, that upon written application to the Dane County Sheriff permission may be granted by the Village Board, upon recommendation of the Dane County Sheriff, to construct and maintain supervised archery ranges if in the opinion of the Village Board the construction or maintenance of such ranges will not endanger the public health and safety.
Whoever does any of the following acts shall be subject to the general penalty as provided in Chapter 1, General Provisions, § 1-4 this Code:
A. 
With intent to frighten, intimidate, threaten, abuse, harass or offend, telephones another and makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious or indecent;
B. 
Makes a telephone call, whether or not conversation ensues, with the intent to frighten, intimidate, abuse, threaten or harass and threaten to inflict injury or physical harm to any person at the called number or numbers or the property of such person;
C. 
Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers;
D. 
Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers;
E. 
Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity, with intent to abuse, threaten or harass any person at the called number;
F. 
Knowingly permits any telephone under his control to be used for any purpose prohibited by this subsection; or
G. 
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.
A. 
No person shall sell, expose or offer for sale, use, keep, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Village unless authorized by a fireworks permit as provided in Chapter 151, Fireworks, of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all rockets or similar missiles containing explosive fuel.
B. 
No person shall possess, ignite or use any type of spark- or flame-emitting fireworks on public rights-of-way or in Village parks without a fireworks permit.
A. 
Obstructing streets. No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, bridge or public ground within the Village in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place.
B. 
Blocking sidewalk prohibited. No person shall block any public sidewalk by obstructing the same so 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. 
Free speech. This section shall not be interpreted as prohibiting any person from stopping on any sidewalk to talk or to make a speech, provided that such person shall not stand in such a location 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 stopped on a sidewalk, they shall not stand in such locations as to completely prevent any pedestrian from passing them on the sidewalk.
D. 
Definitions. As used in this section, the following terms shall not have the following meanings, unless the context clearly indicates that a different meaning is intended:
BLOCK
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 walk.
SIDEWALK
Any sidewalk owned or maintained by the Village. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.
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 law enforcement 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 law enforcement 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 section if the law enforcement 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 law enforcement or peace officer at the time, would have dispelled the alarm.
A. 
Loud and unnecessary noise prohibited. It shall be unlawful for any person within the Village to make, continue or cause to be made or continued any loud and unnecessary noise.
B. 
Types of loud and unnecessary noises. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) 
Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the Village for longer than three seconds in any period of one minute or less, except as a danger warning; the creation of any unreasonably loud or harsh sound by means of any signaling device and the sounding of any plainly audible device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.
(2) 
Radios, phonographs and similar devices. Using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a loud and unnecessary manner. The operation of any set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible at the property line of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) 
Loudspeakers and amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.
(4) 
Animals and birds. The keeping of any animal or bird causing frequent or long continued unnecessary noise.
(5) 
Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper Village authorities.
(6) 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7) 
Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building as well as the operation of a pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or any other similar equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 9:00 p.m.; provided, however, that the Building Inspector shall have the authority, upon determining that an emergency threatening health or safety exists or that the loss or inconvenience which would result to any party in interest would be extraordinary and of such nature as to warrant special consideration, to grant a permit for a period necessary within which time such work and operation may take place within the hours of 9:00 p.m. to 7:00 a.m.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(8) 
Schools, courts and churches. The creation of any excessive noise on any street adjacent to any school, church or court while in use which unreasonably interferes with the normal operation of that institution or which disturbs or unduly annoys, provided that conspicuous signs are displayed in those streets indicating a school, hospital or court street.
C. 
Exceptions. The provisions of this section shall not apply to:
(1) 
Any vehicle of the Village while engaged in necessary public business.
(2) 
Excavations or repairs of streets or other public construction by or on behalf of the Village, county or state at night when public welfare and convenience render it impossible to perform such work during the day.
(3) 
The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.
D. 
Permits for amplifying devices.
(1) 
Permit required. The use of loudspeakers or amplifying devices on the streets or in the parks of the Village is prohibited unless the party desiring to use such loudspeaker or amplifying device first obtains a permit from the Dane County Sheriff.
(2) 
Grounds or reasons for denial or allowance. The Dane County Sheriff shall have the authority to revoke such permit when he or she believes such loudspeaker or amplifying device is becoming a nuisance because of the volume, the method in which it is being used, or the location in which it is being operated.
(3) 
Time restrictions. The Village Board shall grant permits to use a loudspeaker or amplifying device before the hours of 9:00 a.m. or after 9:00 p.m. A permit shall not be granted to anyone who, in the opinion of the Village Board, uses said loudspeaker or amplifying device in such a manner or for such a purpose as to constitute a nuisance.
A. 
Disorderly conduct prohibited. No person within the Village 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.
(2) 
Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
B. 
Disorderly conduct with motor vehicle. No person shall make unnecessary and annoying noises with a motor vehicle, including motorcycles and all-terrain vehicles, by squealing tires, excessive acceleration of the engine, or by emitting unnecessary and loud muffler noise. Operators shall maintain proper control of their motor vehicles.
C. 
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 Village, or upon any private property in open view of the public, or in the halls, stairways or elevators of public or commercial buildings, or to indecently expose his or her person.
A. 
Controlled substances. No person shall possess, use, provide or offer any substance prohibited by the Uniformed Controlled Substances Act, Ch. 961, Wis. Stats.
B. 
Possession of marijuana.[1]
(1) 
Authority. This subsection is adopted pursuant to § 66.0107, Wis. Stats.
(2) 
Definitions. For the purpose of this subsection, the terms "marijuana" and "practitioner" shall be defined as provided in § 961.01, Wis. Stats.
(3) 
Possession restricted. No person shall possess 25 grams or less of marijuana within the Village, unless the marijuana was obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by Ch. 961, Wis. Stats.Any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of marijuana, shall be subject to prosecution and penalties as provided by state statute.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Prohibited. It shall be unlawful for any person, except as provided in Subsection B hereof, to be present in, loiter or enter into any public school building, school parking lot or on any public school grounds without the permission of the school principal, custodian or other person in charge thereof between 7:30 a.m. and 4:30 p.m. on official school days.
B. 
Exceptions. This section shall not apply to:
(1) 
Students regularly enrolled in public schools who have not been properly ordered by the school principal, custodian or other person in charge thereof to leave the school building or school grounds.
(2) 
Persons coming into the school building or school grounds for the purpose of attending scheduled school or civic functions or making use of the recreational facilities located upon or within school premises, but as to such attendance or use, this exception shall apply only to the portion of the premises on which such facilities are located and during the hours such facilities are specifically open to the general public or an invited portion thereof.
(3) 
Parents or legal guardians of a regularly enrolled student. However, such parent or legal guardian may be required to register at the school office.
C. 
No exception for illegal acts. The exceptions set forth in Subsection B shall not apply to any person who, while in school buildings or on school grounds, commits or attempts to commit any act prohibited by law.
D. 
Notice to be posted. All entrances to the school buildings shall be posted with a notice stating "Entry Into School Building by Unauthorized Persons Prohibited." All school grounds shall be posted with a notice stating "Entry Upon School Grounds by Unauthorized Persons Prohibited."
[Amended 7-11-2005 by Ord. No. 05-O-8]
A. 
Definitions. For the purpose of this section, the following terms shall have the meanings indicated:
PUBLIC SAFETY OFFICER
Any law enforcement officer, police officer, sheriff, deputy sheriff, marshal, constable, fire fighter, emergency medical technician, ambulance driver, ambulance attendant, or hazardous materials team member.
INTERFERE
To impede, obstruct, hamper, burden, or increase the difficulty of the activity or response of a public safety officer.
B. 
Interference with public safety officer. No person shall interfere with any public safety officer as that officer discharges, or attempts to discharge, that officer's lawful duty.
C. 
No person shall fail to obey the direction or order of a public safety officer while such officer is acting in an official capacity in carrying out his or her lawful duties.
A. 
Actions interfering with traffic prohibited. No person shall, within the Village, create an unreasonable risk and high probability of causing death or great bodily harm to another by placing an obstacle in or upon a highway, damaging a highway, removing or tampering with a sign or signal used for the guidance of vehicles, giving a false traffic signal, or otherwise interfering with the orderly flow of traffic and realizes that he or she thereby creates such risk and probability.
B. 
Definition. In this section, "highway" means any public way or thoroughfare, including bridges thereon, any roadways commonly used for vehicular traffic, whether public or private, any railroad, including street and inter-urban railways, any navigable waterway or airport, and sidewalks and pedestrianways.
No person shall manufacture, possess, use, dispense, sell or hold for sale any isobutyl nitrate or any compound or mixture or preparation containing significant amounts of isobutyl nitrate (commonly sold under the name "rush").
No person shall bring into or carry onto a public park glass bottles containing or used to contain soda water, nonintoxicating or alcohol beverages. No person shall possess any glass bottles containing the above while in a public park.