[Amended 10-12-2010; 10-18-2021]
A.
Definition. For the 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.
B.
Discharge prohibited. No person shall discharge a firearm within
the corporate limits of the Village of Stratford or discharge a firearm
in adjacent territory to the Village in a manner that the discharge
shall enter or fall within the Village.
(1)
Exceptions.
A firearm may be discharged under the following exceptions:
(a)
By peace officers of the United States, Wisconsin, or any subdivision
thereof while in the discharge of the proper exercise of their duties
and within their proper jurisdictions.
(b)
In the confines of a shooting gallery or sportsmen club licensed
and approved by the Village Board, after an advisory recommendation
from the Chief of Police regarding safety.
(c)
For the purpose of the elimination of animals, as authorized by the
Department of Natural Resources and the Chief of Police.
(d)
Pursuant to action validly taken in self-defense.
(f)
Pursuant of circumstances approved by the Village Board, after an
advisory recommendation from the Chief of Police regarding safety.
C.
Explosive devices prohibited. No person shall discharge or detonate
any explosive device, including, but not limited to, explosive fireworks,
pipe bombs, dynamite or stun grenades, within the corporate limits
of the Village of Stratford without first obtaining a permit to do
so from the Chief of Police.
[Added 10-12-2010]
A.
HUNT or HUNTING
HUNTING ZONES
(1)
(2)
(3)
Definitions.
For the purpose of this section, the following definitions apply:
Includes shooting, shooting at, pursuing, taking, capturing
or killing or attempting to capture or kill any wild animal.
Hunting zones are defined as follows. Center fire rifles
or rim fire rifles cannot be used to hunt within any zone within the
Village of Stratford.
Less-restrictive zones include those areas within the Village
where hunting as defined in this subsection is allowed and is limited
to shotguns of all types, bows and crossbows (as permitted by the
Wisconsin Department of Natural Resources), along with black powder
(or substitute) firing rifles.
Archery zones include and are limited to areas for hunting with
bows and crossbows only (as permitted by the Wisconsin Department
of Natural Resources).
Archery zones special permit. In the event that the Village
Board deems it necessary or desirable to reduce the deer population
on certain lands within the Village, it may, from time to time, by
Village Board resolution, allow deer hunting by special permit and
by archery equipment only within and upon specified land(s) designated
as "Archery Zone(s) Special Permit" for such period of time and upon
such conditions as shall be set forth in the Village Board resolution.
B.
Permitted
activity zones.
(1)
Map.
All zones shall be as depicted on the Official Village of Stratford
Designated Hunting Zones created September 2010 or thereafter. Hunting
methods must conform to the restrictions upon that map.
(2)
Conformity. All hunting shall be in conformity with Chapter 29, Wild Animals and Plants, of the Wisconsin Statutes and regulations as established by the Wisconsin Department of Natural Resources in Ch. NR 10, Wis. Adm. Code, and the United States Fish and Wildlife Agency. In addition, all hunting shall be in conformity with the uses permitted according to this chapter and Chapter 590, Zoning, of this Code.
(3)
Special
permits. Applications for an archery zones special permit shall be
made to the Chief of Police of the Village of Stratford or his designee
on an official form available at the Stratford Police Department.
Following the review of the application by the Chief and upon his
recommendations to the Village Board at the next available Board meeting,
the Village Board in its discretion shall either grant or deny the
permit.
[Amended 10-18-2021]
A.
DANGEROUS WEAPON AND WEAPON
FIREARM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any instrument which by its capabilities of use is liable
to produce death or great bodily harm. The following are dangerous,
per se: blackjack; billy; sandclub; sandbag; bludgeon; slingshot;
pistol; revolver; any instrument which impels a missile by compressed
air, spring or other means; any weapon upon which loaded or blank
cartridges are used; cross knuckles; knuckles of any metal, barbed
or blade type; arrowhead; bowie knife; dirk knife; dirk dagger; any
knife which has a blade that may be drawn without the necessity of
contact with the blade itself, but is instead automatically opened
by slight pressure on the handle or some other part of the knife and
is commonly known as a "switchblade knife," straightedge razor or
any knife having a blade three inches or longer; weapons known as
"kung fu sticks" or "chucksticks," which are basically two or more
pieces of wood or other material connected by a piece of chain or
other material. Instruments not specifically enumerated in this definition
are nonetheless dangerous weapons when they fall within the terms
of this definition.
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.
B.
Concealed weapons/firearms prohibited. No person shall, within the
Village of Stratford, wear or in any manner carry under his or her
clothes or carry and conceal upon or about his or her person any firearm,
weapon or dangerous weapon.
(1)
Exceptions. A person may carry a concealed weapon/firearm if they
are:
(a)
A peace officer of the United States, Wisconsin, or any subdivision
thereof.
(b)
A licensee, under § 175.60(1)(d), Wis. Stats., or
out-of-state licensee under § 175.60(1)(g), Wis. Stats.,
under the requirement of having said license and identification on
their person under § 175.60(2g), Wis. Stats.
(c)
A qualified out-of-state law enforcement officer, as defined
in § 941.23(1)(g), Wis. Stats., to whom § 941.23(2)(b),
Wis. Stats., applies.
(d)
A former officer, as defined in § 941.23(1)(c), Wis.
Stats., to whom § 941.23(2)(c) Wis. Stats., applies.
(e)
An individual who carries a concealed and dangerous weapon,
as defined in § 175.60(1)(j), Wis. Stats., in his or her
own dwelling or place of business, on land that he or she owns, leases,
or legally occupies.
(f)
Persons who are acting in accordance with the provisions of
a plan approved by the Chief of Police under conditions which the
Chief has determined require the possession and discharge of specified
weapons for a particular purpose in the interest of public safety.
C.
Possessing a firearm or dangerous weapon shall be unlawful for a
licensee or out-of-state licensee to carry a concealed weapon within
the Village without having his or her license document and photographic
identification card in his or her possession.
(1)
Exceptions. This section does not apply if the licensee or out-of-state
licensee was carrying a concealed weapon in his or her own dwelling,
in a place of business he or she owns, or on land he or she owns,
leases, or legally occupies.
(2)
Penalty. Any person who violates this Subsection C shall be subject to a forfeiture of not more than $25.
(3)
Exemption. Any person is exempted from forfeiture under this subsection
if the person presents, within 48 hours of receiving a citation, his
or her license document or out-of-state license and photographic identification
to the Police Department.
D.
Weapons/firearms in Village buildings.
(1)
No person may possess or bring any concealed or unconcealed firearm
or weapon into or upon any Village-owned, -occupied, or -controlled
building or structure at any time.
(2)
No person may cause any concealed or unconcealed firearm or weapon
to be brought into or be present upon any Village-owned, -occupied,
or -controlled building or structure at any time.
(3)
No person may enter or remain at any special event at any Village-owned,
-occupied, or -controlled building, structure, facility, grounds,
or land while carrying or possessing any concealed or unconcealed
firearm or weapon.
(4)
Exceptions.
(b)
The prohibitions set forth in Subsection D do not apply to Village-owned, -occupied, or -controlled buildings, structures, facilities, grounds, or land not containing a sign that provides notice as set forth in § 943.13(2)(bm), Wis. Stats.
E.
No person other than a bona fide peace officer may knowingly carry
a concealed weapon, a weapon that is not concealed, or a firearm that
is not a weapon in any of the following places:
(1)
Any portion of a building that is a police station.
(2)
Any portion of a building that is a prison or jail.
(3)
Any secured unit or secured portion of a mental health institute
under § 51.05, Wis. Stats.
(4)
Any portion of a building that is a municipal courtroom if court
is in session.
(5)
Exceptions. These prohibitions do not apply to any of the following:
(a)
A weapon in a vehicle driven or parked in a parking facility located in a building described in Subsection E.
(b)
A weapon in a courthouse or courtroom if a judge who is a licensee
is carrying the weapon or if another licensee or out-of-state licensee,
whom a judge has permitted, in writing, to carry a weapon, is carrying
the weapon.
F.
No person other than a bona fide peace officer may enter or remain
in any part of a building that is owned, occupied, or controlled by
the state or local governmental unit if the state or local governmental
unit has notified the person, by a sign or signs as set forth in § 943.13(2),
Wis. Stats., not to enter or remain in the building while carrying
a firearm or weapon or that type of firearm or weapon. This provision
does not apply to a firearm or weapon in a vehicle driven or parked
in a parking facility or to any part of a building used as a parking
facility.
G.
No person other than a bona fide peace officer may enter or remain
at a residence that the person does not own or occupy after the owner
of the residence, if he or she has not leased it to another person,
or the occupant of the residence has notified the person, as set forth
in § 943.13(2), Wis. Stats., not to enter or remain at the
residence while carrying a firearm or weapon or with that type of
firearm or weapon.
H.
No person other than a bona fide peace officer may enter or remain
in the common area in a building, or on the grounds of a building,
that is a residence that is not a single-family residence if the actor
does not own the residence or does not occupy any part of the residence
and if the owner of the residence has notified the person, as set
forth in § 943.13(2), Wis. Stats., not to remain in the
common area or on the grounds while carrying a firearm or weapon or
with that type of firearm or weapon. This provision does not apply
to a part of the grounds that is used for parking if the firearm or
weapon is in a vehicle driven or parked in that part.
I.
No person other than a bona fide peace officer may enter or remain
in any part of a nonresidential building, grounds of a nonresidential
building, or land that the person does not own or occupy after the
owner of the building, grounds, or land, if that part of the building,
grounds, or land has not been leased to another person, or the occupant
of that part of the building, grounds, or land has notified the person,
as set forth in § 943.13(2), Wis. Stats., not to enter or
remain in that part of the building, grounds, or land while carrying
a firearm or weapon or with that type of firearm or weapon. This provision
does not apply to a firearm or weapon in a vehicle driven or parked
in a parking facility or to any part of a building, grounds, or land
used as a parking facility.
J.
No person other than a bona fide peace officer may enter or remain
in any part of land that the person does not own or occupy after the
owner of the land, if that part of the land has not been leased to
another person, or the occupant of that part of the land has notified
the person, as set forth in § 943.13(2), Wis. Stats., not
to enter or remain in that part of the land while carrying a firearm
or weapon or with that type of firearm or weapon. This provision does
not apply to a firearm or weapon in a vehicle driven or parked in
a parking facility or to any part of a building, grounds, or land
used as a parking facility.
K.
No person other than a bona fide peace officer may enter or remain
at a special event if the organizers of the special event have notified
the person, as set forth in § 943.13(2), Wis. Stats., not
to enter or remain at the special event while carrying a firearm or
weapon or with that type of firearm or weapon. The provision does
not apply if the firearm or weapon is in a vehicle driven or parked
in the parking facility or to any part of the special event grounds
or building that is used as a parking facility.
[Amended 1-11-2011; 10-18-2021]
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
PRIVATE SECURITY PERSON
ROADWAY
TRANSMISSION FACILITY
UNLOADED
VEHICLE
Definitions. In this section, the following terms shall have the
meanings indicated:
Has the meaning given under § 175.60(1)(g), Wis.
Stats.[1]
Enclosed in a case expressly created for the purpose of containing
a firearm that is completely zipped, snapped, buckled, tied or otherwise
fastened with no part of the firearm exposed.
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.
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 § 440.26(1m), Wis.
Stats.
Has the meaning given under § 340.01(54), Wis.
Stats.
Has the meaning given under § 167.31(1)(fr), Wis.
Stats.
Any of the following:
Has the meaning given under § 340.01(74), Wis.
Stats., including a snowmobile as defined under § 340.01(58a),
Wis. Stats.
[1]
Editor's Note: See § 114.002(3), Wis. Stats.
B.
Prohibitions in vehicles and motorboats.
(3)
No person shall load a firearm, other than a handgun, in any vehicle
or motorboat or discharge a firearm or shoot a bolt or an arrow from
a bow or crossbow in or from a vehicle or motorboat.
(4)
This section does not prohibit a person from leaning an unloaded
firearm against a vehicle.
(5)
No person shall 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.
C.
Prohibitions in aircraft.
(1)
No person may:
(a)
In or on a commercial aircraft, place, possess or transport
a firearm, bow or crossbow, unless the firearm is unloaded and encased
or unless the bow or crossbow is unstrung or is enclosed in a carrying
case.
(b)
No person shall load or discharge a firearm or shoot a bolt
or an arrow from a bow or crossbow in or from an aircraft.
(2)
No person shall load or discharge a firearm or shoot a bolt or an
arrow from a bow or crossbow in or from an aircraft.
D.
Prohibitions in transmission facilities.
(1)
No person shall intentionally discharge a firearm in the direction
of a transmission facility.
(2)
Any person found in violation of Subsection D(1) and creates damage to the transmission facility is subject to a forfeiture of not more than $100.
(3)
Nothing in this section shall inhibit the court's rights and
duties under § 167.31(3m)(c) and (d), Wis. Stats.
E.
Exceptions.
(1)
(a)
A member of the U.S. Armed Forces.
(b)
A member of the National Guard.
(c)
A peace officer in the line of duty or for appropriate conduct
to discharge their duties pursuant to § 167.31(4)(am), Wis.
Stats.
(d)
A holder of a scientific research license under § 169.25,
Wis. Stats., or 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 of the license of permit issued.
(e)
A private security person meeting the requirements under § 167.31(4)(a)4,
Wis. Stats.
(f)
Any private person, when the circumstances allow and the action
does not endanger neutral third parties, in a proper action of self-defense
or other justified necessity.
(2)
Subsection B shall not apply to any state or federal agent properly authorized by the Department of Natural Resources to take animals pursuant to § 167.31(4)(bg)1, Wis. Stats.
(3)
This chapter shall not be construed to inhibit the exceptions provided
in § 167.31(4)(bn) through (j), Wis. Stats., regarding hunting,
so long as the hunting is done under the restrictions provided in
this Code.
F.
Nothing in this chapter is designed to inhibit, challenge or disallow
the Department of Natural Resources from creating policies and rules
affecting certain kinds of firearm, bow and crossbow use. Nothing
in this chapter shall neither inhibit, challenge or disallow the Department
of Natural Resources from discharging its duties using its proper
statutory authorities.
G.
Nothing in this section shall inhibit the court's rights and
duties under § 167.31(5) Wis. Stats., to impose a weapons
surcharge.
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 Stratford; 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 § 1-5 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 294 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 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.
A.
Loud and unnecessary noise prohibited. It shall be unlawful for any
person to make, continue or cause to be made or continued any loud
and unnecessary noise.
B.
Types of loud and unnecessary noises.
(1)
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:
(a)
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.
(b)
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 section.
(c)
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.
(d)
Animals and birds. The keeping of any animal or bird which causes
frequent or long continued unnecessary noise.
(e)
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.
(f)
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.
(g)
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 10:00 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 10:00 p.m. to 7:00
a.m.
(h)
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, hospital or court street.
(2)
The
provisions of this section shall not apply to:
(3)
Any vehicle of the Village while engaged in necessary public business.
(4)
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.
(5)
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in nature.
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
| |||
|---|---|---|---|
|
Zone
|
Daytime
(db)
|
Nighttime
(db)
| |
|
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 10:00 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.[1]
(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 10:00 p.m. unless within the specified
noise levels measured at the property line of the location at which
said equipment is in use.[2]
D.
Exemptions.
Operation 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.
E.
Methods
of measuring noise.
(1)
Equipment. Noise measurement shall be made with a sound-level meter.
(2)
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.
F.
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.
A.
Disorderly conduct prohibited. No person within the Village of Stratford
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.
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 any amount of marijuana,
tetrahydrocannabinol 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.
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 or 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 the 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.
[Added 2-9-2016]
A.
Purpose and Findings.
(1)
The Village Board of the Village of Stratford, Wisconsin, intends
to discourage underage possession and consumption of alcohol, even
if done within the confines of a private residence, and intends to
hold persons civilly responsible who host events or gatherings where
persons under 21 years of age possess or consume alcohol or consume
alcohol regardless of whether the person hosting the event or gathering
supplied the alcohol.
(2)
The Village Board of Stratford finds:
(a)
Events and gatherings held on private or public property where
alcohol is possessed or consumed by persons under the age of 21 are
harmful to those persons and constitute a potential threat to public
health requiring prevention or abatement.
(b)
Prohibiting hosting underage consumption acts to protect underage
persons, as well as the general public, from injuries related to alcohol
consumption, such as alcohol overdose or alcohol-related traffic collisions.
(c)
Alcohol is an addictive drug which, if used irresponsibly, could
have drastic effects on those who use it as well as those who are
affected by the actions of an irresponsible user.
(d)
Often, events or gatherings involving underage possession and
consumption occur outside the presence of parents. However, there
are times when the parent(s) is/are present and condone the activity,
and in some circumstances, provide the alcohol.
(e)
A deterrent effect will be created by holding a person responsible
for hosting an event or gathering where underage possession or consumption
occurs.
B.
ALCOHOL
ALCOHOLIC BEVERAGE
EVENT OR GATHERING
HOST OR ALLOW
IN CONTROL
PARENT
PRESENT
RESIDENCE, PREMISES, PUBLIC OR PRIVATE PROPERTY
UNDERAGE PERSON
Definitions. For purposes of this chapter, the following definitions
apply:
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
whiskey, rum, brandy, gin or any other distilled spirits including
dilutions and mixtures thereof from whatever source or by whatever
process produced.
Alcohol, spirits, liquor, wine, beer and every liquid or
solid containing alcohol, spirits, wine or beer, and which contains
one-half of 1% or more of alcohol by volume and which is fit for beverage
purposes either alone or when diluted, mixed or combined with other
substances.
Any group of three or more persons who have assembled or
gathered together for a social occasion or other activity.
To aid, conduct, entertain, organize, supervise, control
or permit a gathering or event.
The power to direct, manage, oversee and/or restrict the
affairs, business or assets of a person or entity.
Any person having legal custody of a juvenile:
Being at hand or in attendance.
Any home, yard, farm, field, land, apartment, condominium,
hotel or motel room or other dwelling unit, or a hall or meeting room,
park or other place of assembly, whether occupied on a temporary or
permanent basis, whether occupied as a dwelling or specifically for
a party or other social function, and whether owned, leased, rented
or used with or without permission or compensation.
Any individual under 21 years of age.
C.
Prohibited acts. It is unlawful for any person(s) to host or allow
an event or gathering at any residence, premises or on any other private
or public property where alcohol or alcoholic beverages are present
when the person knows that an underage person will or does consume
any alcohol or alcoholic beverage; or possess any alcohol or alcoholic
beverage with the intent to consume it; and the person fails to take
reasonable steps to prevent possession or consumption by the underage
person(s).
(1)
A person is responsible for violating this section if the person
intentionally aids, advises, hires, counsels or conspires with or
otherwise procures another to commit the prohibited act.
(2)
A person who hosts an event or gathering does not have to be
present at the event or gathering to be responsible.
D.
Exceptions. This section does not apply in cases where a person procures
for, sells, dispenses of or gives away alcohol beverages to an underage
person in the direct company of his or her parent, guardian or spouse
who has attained the legal drinking age, who has consented to the
underage person acquiring or consuming the alcohol beverages and is
in a position to observe and control the underage person(s).
E.
Penalties. A person who violates any provision of this section is
subject to a forfeiture of not less than $100 nor more than $2,000,
together with the costs of prosecution.
[Added 12-10-2019]
A.
The Village Board hereby makes the following findings regarding sex
offenders:
(1)
The Village cites to the following publications that provide
a basis for its findings:
(a)
Przybylski, Roger. Sex Offender Management Assessment and Planning
Initiative, Research Brief "Recidivism of Adult Sexual Offenders,"
July 2015.
(b)
U.S. Dept. of Justice, Office of Justice Programs, Office of
Sex Offender Sentencing, Monitoring, Apprehending, Registering, and
Tracking, Sex Offender Management Assessment and Planning Initiative,
updated March 2017.
(c)
Alper, Mariel and Durose, Matthew R. U.S. Dept. of Justice,
Office of Justice Programs, Bureau of Justice Statistics, Special
Report "Recidivism of Sex Offenders Released from State Prison: a
nine-Year Follow-Up (2005-14)," May 2019.
(2)
Researchers widely agree that observed recidivism rates are
underestimates of the true reoffense rates of sex offenders. This
means that the issue of recidivism is most likely larger than shown
by official records.
(3)
Recidivism rates of sex offenders increase as followup periods
become longer. This means that public safety is likely to be increased
by the use of longer monitoring.
(4)
Sex offenders have increased rates of both general criminal
recidivism and sexual recidivism.
(5)
Existing regulations contained within § 980.08, Wis.
Stats., are found reasonable and incorporated for use in the Village's
sex offender ordinances.
(6)
The Village's sex offender ordinances cover areas in addition
to § 980.08, Wis. Stats., and this is also found to be reasonable.
(a)
The Village has had inquiries regarding sex offender regulation
concerning persons not applicable to current state statutes, yet the
Village desires applicable regulation.
(b)
If the Village already possessed ordinances regulating sex offenders,
it would have already utilized such ordinances.
(c)
The Village Board believes that it is reasonable to regulate
sex offenders to the full extent legally possible in the interest
of the public health, safety and general welfare, but not to create
an excessively punitive circumstance.
B.
The Village hereby provides that a person may appeal for a variance from the Village sex offender ordinances, Village Code §§ 396-15.3 and 396-15.4, based upon an individualized assessment of such person's circumstances, pursuant to the following:
(2)
The Sex Offender Appeals Board shall be constituted by the same
membership as the Public Safety Committee, which membership shall
be ex officio members of the Sex Offender Appeals Board. The Village
President may appoint additional members at his or her discretion.
(3)
The Sex Offender Appeals Board shall determine the procedures
and forms used to hear an appeal.
(4)
The Sex Offender Appeals Board may consider any evidence that
it deems relevant to consideration of a variance, including but not
limited to:
(5)
The Sex Offender Appeals Board shall grant a variance if in
the absence of a variance there would be an excessively punitive effect
on the person.
(6)
The Sex Offender Appeals Board may grant a variance subject
to conditions.
[Added 12-10-2019]
A.
The definitions contained in § 980.01, Wis. Stats., and
as from time to time amended, are hereby adopted by reference into
this Code as if set forth fully herein.
B.
(1)
Pursuant to § 980.135, Wis. Stats., an individual
who is released under § 980.08, Wis. Stats., or against
a person who provides housing to such an individual, so long as all
of the following apply:
(2)
An individual who has obtained an expungement pursuant to § 973.015,
Wis. Stats., and/or a Presidential or Governor's pardon of clemency,
for all applicable convictions.
C.
(2)
Any person who has ever been subject to the Wisconsin sex offender
registration statute, § 301.45, Wis. Stats., and as from
time to time amended; and
(3)
Any person who has ever been subject to a substantially similar
equivalent of the Wisconsin sex offender registration statute, § 301.45,
Wis. Stats., and as from time to time amended, of either another state
or the federal government.
D.
A person's residence must be not less than 1,000 feet from any school
premises, child-care facility, public park, place of worship, or youth
center.
(1)
However, a person is not in violation if any school premises,
child-care facility, public park, place of worship, or youth center
is established within 1,000 feet from the person's residence after
he or she is placed in the residence under this section.
(2)
The 1,000 feet shall be measured by following a straight line
from the outer boundary line of the lot containing the residence to
the outer boundary line of the lot containing the restricted location.
The straight line shall comprise the shortest distance between the
two lots being measured.
E.
If the person committed a sexually violent offense against an adult
at risk, as defined in § 55.01(1e), Wis. Stats., or an elder
adult at risk, as defined in § 46.90(1)(br), Wis. Stats.,
such person's residence must be not less than 1,000 feet from a nursing
home or an assisted living facility.
(1)
However, a person is not in violation if a nursing home or an
assisted living facility is established within 1,000 feet from the
person's residence after he or she is placed in the residence under
this section.
(2)
The 1,000 feet shall be measured by following a straight line
from the outer boundary line of the lot containing the residence to
the outer boundary line of the lot containing the restricted location.
The straight line shall comprise the shortest distance between the
two lots being measured.
F.
If the person is a serious child sex offender, such person's residence
must not be on a property adjacent to a property where a child's primary
residence exists. For the purpose of this section, adjacent properties
are properties that share a property line without regard to a public
or private road if the living quarters on each property are not more
than 1,500 feet apart.
(1)
However, a person is not in violation if a child establishes
primary residence in a property adjacent to the person's residence
after the person is placed in the residence under this section.
G.
Notwithstanding these §§ 396-15.2 through 396-15.4, all applicable persons already domiciled in a residence that would otherwise be in violation of these §§ 396-15.2 through 396-15.4 prior to the enactment of these §§ 396-15.2 through 396-15.4 are grandfathered, and may continue to reside at the residence where already domiciled. However, there shall be no further nonconformance or increase in the nonconformance with the provisions of these §§ 396-15.2 through 396-15.4 except by the granting of a variance.
[Added 12-10-2019]
C.
(1)
Any person who has ever been subject to the Wisconsin sex offender
registration statute, § 301.45, Wis. Stats., and as from
time to time amended.
(2)
Any person who has ever been subject to a substantially similar
equivalent of the Wisconsin sex offender registration statute, § 301.45,
Wis. Stats., and as from time to time amended, of either another state
or the federal government.
D.
The distances listed in these §§ 396-15.2 through 396-15.4 shall be measured by following a straight line from the person's actual location to the outer boundary line of the lot containing the restricted location. The straight line shall comprise the shortest distance between the person and the lot being measured.
