A.
Discharge and possession of firearms regulated.
(1)
No person, except a police officer or other 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 or bow and arrow within the Village or have any firearm,
rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow
in his possession or under his control unless it is unloaded and enclosed
or encased within a carrying case or other suitable container pursuant
to state law.
(2)
Any person or organization participating in Memorial
Day services, a parade or other memorial event may discharge a firearm
within the Village limits, provided that the person or organization
is using blank cartridges and has notified the Police Department or
Village President prior to the event. Use of firearms in a parade
will be permitted only after the issuance of a valid parade permit.[1]
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 Chief of Police, where proper safety precautions are taken.
E.
Hunting prohibited. Hunting is prohibited within the
corporate limits of the Village of Siren.
F.
Definition. 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.
CHURKIN
DANGEROUS WEAPON
NUMCHUK or NUNCHAKU
SUCBAI
Definitions.
For the purpose of this section, the following definitions shall apply:
A round throwing knife consisting of several sharp points
protruding from a rounded disc.
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.
An instrument consisting of two or more sticks, clubs or
rods connected by a rope, cord, wire or chain.
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.
B.
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.
C.
Concealed 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 except a bona fide weapon
repair, display or sales establishment, unless such dangerous weapon
is so stored and concealed (other than on the person) so as not to
be readily accessible to any person or patron. This subsection shall
not apply to peace officers or others duly authorized by law acting
within the scope of their duties. 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, police officer or other law enforcement
officer acting within the scope of his duties, shall carry or wear
concealed about his person any pistol, revolver, firearm, slingshot,
crossknuckle of lead, brass or other materials, bowie knife, switchblade,
dirk or dagger or any other dangerous or deadly weapon within the
Village.
E.
Possession, sale and manufacture of certain weapons
prohibited. 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 of Siren. Any such device shall
be seized by a law enforcement officer and destroyed or turned over
to the State of Wisconsin Crime Laboratories for destruction.
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
ROADWAY
UNLOADED
VEHICLE
Definitions. For the purpose of this section, the
following definitions shall apply:
Has the meaning given under § 114.002(3), Wis.
Stats.
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.
A weapon that acts by force of gunpowder.
Has the meaning given under § 340.01(22), Wis.
Stats.
Has the meaning given under § 30.50(6), Wis. Stats.
Has the meaning given under § 340.01(54), Wis.
Stats.
Any of the following:
Has the meaning given under § 340.01(74), Wis.
Stats., and includes a snowmobile as defined under § 340.01(58a),
Wis. Stats.
B.
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 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:
(2)
Subsection B(1)(a)[1] and [2] and (b)[1] 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(1)(a)[2] and (b)[1] do not apply to the holder of a permit under § 29.193(2)(c), Wis. Stats., who is hunting from a standing automobile in accordance with that subsection.
(4)
Subsection B(1)(a)[2] does not prohibit a person from leaning an unloaded firearm against a vehicle.
(5)
Subsection B(1)(b)[2] 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
or throw by any means any dangerous missile, object, arrow, stone,
snowball or other missile within the Village of Siren; provided, however,
that, upon written application to the Chief of Police and Village
Board, a person may be granted permission by the Village Board 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 commits any of the following acts shall be subject to the general penalty as provided in § 1-4 of this Code:
A.
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 abuse, threaten or harass any person at
the called number or numbers.
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.
Knowingly permits any telephone under his control
to be used for any purpose prohibited by this section.
F.
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 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 he shall be authorized by a fireworks permit as provided in Chapter 298, 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.
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 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.
BLOCK
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 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.
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 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 an offense under this subsection 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.
A.
Loud and unnecessary noise prohibited; exceptions.
(1)
It
shall be unlawful for any person to make, continue or cause to be
made or continued any loud and unnecessary noise.
(2)
The
provisions of this section shall not apply to:
(a)
Any vehicle of the Village while engaged in
necessary public business.
(b)
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.
(c)
The reasonable use of amplifiers or loudspeakers
in the course of public addresses which are noncommercial in nature.
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. The using,
operating or permitting to be played, used or operated of 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 properly line of the building, structure
or vehicle in which it is located shall be prima facie evidence of
a violation of this subsection.
(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
which causes 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 motorboat
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 any 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 8:00 p.m. on weekdays; provided, however, that the Building
Inspector shall have the authority, upon determining 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 8:00 p.m. to 7:00
a.m.[1]
(8)
Schools, courts, churches and hospitals. The creation
of any excessive noise on any street 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, provided
that conspicuous signs are displayed in those streets indicating a
school, church, hospital or court street.[2]
C.
Stationary noise limits.
(1)
Maximum permissible sound levels.
(a)
Noise from a stationary source shall not exceed
the following standards for maximum sound-pressure levels measured
at the property line:
Noise Rating (db)
| |||
---|---|---|---|
Zone
|
Daytime
|
Nighttime
| |
Residential
|
60
|
50
| |
Commercial
|
70
|
70
| |
All other zones
|
75
|
75
|
(b)
Ambient noise is the all-encompassing noise
associated with a given source, usually being a composite of sounds
with many sources near and far, but excluding the noise source being
measured. Ambient noise is a factor, and the subject noise shall exceed
the ambient noise by five db in any octave band to be designated excessive.
(2)
Construction noise. Construction equipment in any
zone may be operated between the hours of 7:00 a.m. and 8:00 p.m.,
provided that said equipment does not exceed a maximum sound level
of 80 db(a) measured at the property line of the location at which
said equipment is in use.[3]
(3)
Noise in residential districts. In residential zones,
the person in violation of this section shall be ordered to reduce
the sound pressure to acceptable levels immediately by the monitoring
officer.
(4)
Operation of certain equipment. Lawn mowers, chain
saws, powered garden equipment, electric insect killing/repelling
devices, and other nonconstruction maintenance equipment shall be
operated only during the hours between 7:00 a.m. and 9:00 p.m. unless
within the specified noise levels measured at the property line of
the location at which said equipment is in use.
(5)
Exemptions. Operations of emergency equipment shall
be exempt from this section. Snowblowers not operated on a commercial
basis shall be exempt from this section when used to gain access to
a Village street. 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.
(6)
Methods of measuring noise.
(a)
Equipment. Noise measurement shall be made with
a sound-level meter.
(b)
Location of noise meter. Noise measurement shall
be made at the nearest lot line of the premises from which a noise
complaint is received. The noise meter shall be placed at a height
of at least three feet above the ground and at least three feet away
from walls, barriers, obstructions, and all other sound-reflective
surfaces.
(7)
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 exemption to this
section for existing industries.
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 of Siren is
prohibited unless the party desiring to use such loudspeaker or amplifying
device first obtains a permit from the Chief of Police.
(2)
Revocation of permit. The Chief of said Police Department
shall have the authority to revoke such permit when he 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)
Grounds for denial of permit. The Chief of the Police
Department shall not grant a permit to use a loudspeaker or amplifying
device before the hour of 9:00 a.m. or after 9:00 p.m. except by special
permit for a public event, nor shall a permit be granted to anyone
who, in the opinion of the Chief of Police, uses said loudspeaker
or amplifying device in such a manner or for such a purpose as to
constitute a nuisance.[4]
A.
Disorderly conduct prohibited. No person within the
Village of Siren 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.
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 person.
A.
Possession of controlled substances. It shall be unlawful
for any person to possess a controlled substance contrary to the Uniform
Controlled Substances Act, Ch. 961, Wis. Stats.
B.
Possession of marijuana. No person shall possess 25
grams or less of marijuana, tetrahydrocannabinols or any derivative
thereof, unless the substance was obtained directly from, or pursuant
to a valid prescription or order of, a licensed physician or pharmacist
for a valid medical purpose. Violation of this subsection shall be
subject to a penalty of not less than $150 nor more than $500 per
offense.[1]
C.
Drug paraphernalia.[2]
(1)
No
person may use, or possess with the primary intent to use, drug paraphernalia
as defined in § 961.571(1), Wis. Stats., to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale or otherwise introduce into the human body
a controlled substance or controlled substance analog in violation
of Ch. 961, Wis. Stats. Any person who violates this subsection may
be fined not less than $150 nor more than $500 plus court costs.
A.
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.
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 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.
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 statute or ordinance.
D.
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."
It shall be unlawful for any person to fail
to obey the direction or order of a police officer while such police
officer is acting in an official capacity in carrying out his or her
duties.