Village of Superior, WI Offenses Against Public Safety and Peace

No person, except a peace officer, shall discharge or cause the discharge of any missile from any firearm, air rifle, slingshot or other weapon within the Village limits of the Village of Superior except as follows:

(1)

Bow and arrow target practice using practice arrows in a nonreckless manner by a private citizen and his guest, on his or her own premises, for personal use only.

No person except a peace officer shall carry any uncased or loaded firearm, air rifle, slingshot or other weapon within the Village limits of the Village of Superior except as stated in this section.

Any person violating this provision shall, upon conviction thereof, be subject to a forfeiture of not less than $20 nor more than $300, together with costs, fees and surcharges imposed under Ch. 814, Wis. Stats., and the penalty surcharge set forth in § 757.05, Wis. Stats.

§ 280-4 Throwing or shooting arrows, stones and other missiles.

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

§ 280-5 Sale and discharge of fireworks restricted.

Regulation. Section 167.10, Wis. Stats, regulating the sale and use of fireworks, exclusive of any penalty imposed thereby, is adopted by reference and made a part of this section as though set forth in full.

Private use and sale. 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.

Fireworks permits. Fireworks, other than those prohibited by the laws of the State of Wisconsin, may be used and displayed in open fields, parks, rivers, lakes and ponds by public authorities, fair associations, amusement parks, park boards, civic organizations and other groups of individuals when a permit for such display has been granted by the Village President. All applications shall be referred to the Sheriff's Department for investigation, and no permit shall be granted unless the Village Board from report of the Sheriff determines that the applicant will use the fireworks in a public exhibition, that all reasonable precautions will be exercised with regard to the protection of the lives and property of all persons and that the display will be handled by a competent operator and conducted in a suitable, safe place and manner. Before granting any fireworks permit the Village Board shall require the applicant to post with the Village Clerk-Treasurer an approved certificate in a sum established by the Board for the payment of all claims that may arise by reason of injuries to persons or property from the handling, use or discharge of fireworks under such permit.

§ 280-6 Obstructing streets and sidewalks.

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 and egress to or from any place or business or amusement, church, public hall or meeting place.

§ 280-7 Loitering.

No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of any offense under this section if the police or peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.

§ 280-8 False fire alarms.

No person shall give or send or cause to be given or sent in any manner any alarm of fire which he knows to be false.

§ 280-9 Marijuana and drug paraphernalia.

Marijuana.

(1)

Definitions. For the purpose of this Subsection A, the terms "marijuana" and "practitioner" shall be defined as provided in § 961.01, Wis. Stats.

(2)

Unlawful to possess. 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.

Drug paraphernalia.

(1)

"Drug paraphernalia" means all equipment, products and materials of any kind that are used, designed for use or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, aging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance, or as found in § 961.571, Wis. Stats.

(2)

It is unlawful for any person to be in possession of, manufacture, or make delivery of drug paraphernalia in this Village, or as found in § 961.573, 961.574 or 961.577, Wis. Stats.

Penalties.

(1)

Any person who violates Subsection A or B who is under 18 years of age is subject to a disposition under § 938.344(2e), Wis. Stats.

(2)

Any person who violates Subsection A or B who is 18 years of age or older may be subject to a forfeiture of not less than $20 nor more than $300 together with the costs and assessments.

(3)

Any second or subsequent offense will be referred to the District Attorney's office for criminal prosecution.

§ 280-10 Possession or consumption of alcoholic beverages in public areas.

No person shall consume intoxicating liquor, wine, or fermented malt beverages or be in possession of an open container containing intoxicating liquor, wine, or fermented malt beverages while on any street, sidewalk, alley or parking area of the Village of Superior.

No person shall be in possession of intoxicating liquor, wine or fermented malt beverages in the original glass container for any such beverage in any park within the Village of Superior.

Any person violating the provisions of this section shall be subject to a forfeiture of not less than $20 nor more than $300.

§ 280-11 Disorderly conduct.

No person shall within the Village of Superior:

In any pubic or private place engage in violent, 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 disturb or annoy any person or persons.

Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.

§ 280-12 Obedience to officers.

No person shall, without reasonable excuse or justification, resist or in any way interfere with any officer of the Village while such officer is doing any act in his official capacity and with lawful authority.

§ 280-13 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 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.

§ 280-14 Harassing or obscene telephone calls.

Whoever does any of the following shall be subject to penalty of not less than $20 nor more than $300:

Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent.

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.

Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers.

Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers.

Knowingly permits any telephone under his control to be used for any purpose prohibited by this section.

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.

§ 280-15 Violations and penalties.

The penalty for violation of §§ 280-4 through 280-8 and 280-11 through 280-13 shall be not less than $20 nor more than $300.