A.
Discharge and possession of firearms regulated. 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.
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.
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 Chief of Police.
E.
Hunting prohibited. Hunting is prohibited within the corporate limits
of the Village of Luck.
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.
(1)
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.
(2)
"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.
B.
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 weapons 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.
C.
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, cross knuckle
of lead, brass or other materials, bowie knife, switchblade, dirk
or dagger or any other dangerous or deadly weapon within the Village.
D.
Possession, sale and manufacture of certain weapons prohibited.
(1)
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 Luck.
(2)
CHURKIN
NUMCHUK or NUNCHAKU
SUCBAI
For the purpose of this subsection, the following definitions shall
apply:
A round throwing knife consisting of several sharp points
protruding from a rounded disc.
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.
(3)
Any such device shall be seized by a law enforcement officer and
destroyed or turned over to the State of Wisconsin Crime Laboratory
for destruction.
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
ROADWAY
UNLOADED
VEHICLE
Definitions. As used in this section the following terms shall have
the meanings indicated:
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.
The meaning given under § 340.01(22), Wis. Stats.
The meaning given under § 30.50(6), Wis. Stats.
The meaning given under § 340.01(54), Wis. Stats.
Any of the following:
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 from or across a highway or within 50 feet of the center of a roadway:
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 Luck; 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 307, 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 section if the police or peace offer 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. 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 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 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 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.
(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,
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 nature.
D.
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:
Zone
|
Noise Rating - Daytime
(db)
|
Noise Rating - 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 decibels 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 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.
E.
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 Luck is prohibited unless
the party desiring to use such loudspeaker or amplifying device first
obtains a permit from the Chief of Police.
(2)
Grounds for revoking 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)
Time restrictions. 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., 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.
A.
Disorderly conduct prohibited. No person within the Village of Luck
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.
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 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.[1]
[1]
Editor's Note: Original Sec. 9-2-14, Possession, manufacture and delivery of drug paraphernalia prohibited, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See §§ 961.571 to 961.575, Wis. Stats., adopted by reference in § 429-1 of this chapter.