A.
Discharge of firearms regulated. It is unlawful to discharge or cause
the discharge of any missile from any firearm, slingshot, bow and
arrow, when said bow has pull of 30 pounds' pressure or more, or other
dangerous weapon within the limits of the Village. This section shall
not apply to firearms used by law enforcement officers, nor shall
this section prohibit the use of shotguns for hunting during open
seasons for hunting as provided by state regulations, except that
during such open seasons no shotgun shall be discharged within 200
feet of any dwelling building within the limits of the Village or
on any land of another after having been notified by the owner or
lawful occupant not to enter on or remain on the premises by posted
sign or otherwise.
B.
Hunting prohibited. Hunting within the Village of Woodville is prohibited.
C.
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 of Woodville.
D.
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, upon the recommendation of the Chief
of Police, where proper safety precautions are taken.
E.
Explosive devices. No person shall discharge or detonate any dynamite,
nitroglycerin or other explosive within the Village without first
obtaining a permit to do so from the Village Board.
F.
Throwing or shooting of arrows, stones, or other missiles prohibited.
(1)
It shall be unlawful for any person to discharge or cause the discharge
of any dangerous missile from any slingshot, bow and arrow or other
means within 300 feet of any inhabited dwelling or building or any
public park, square or enclosure.
G.
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.
Concealed weapons prohibited.
(1)
Prohibition. No person shall, within the Village of Woodville, wear
or in any manner carry under his clothes or conceal upon or about
his 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 defined. "Dangerous weapon" means any firearm, whether
loaded or unloaded, or any device designed as a weapon and capable
of producing death or great bodily harm, or any other device or instrumentality
which, in the manner it is used or intended to be used, is calculated
or likely to produce death or great bodily harm.
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, crossknuckle
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 metallic
knuckles or knuckles of any substance which could be put to the same
use with the same or similar effect as metallic knuckles, a numchuk
(also called a "nunchaku") or any similar weapon, a cestus or similar
material weighted with metal or other substance and worn on the hand,
a churkin (also called a "suriken") or any similar object intended
to injure a person when thrown, a sucbai or similar weapon, a manrikigusari
or a similar length of chain having weighted ends, or any other martial
arts device or instrumentality which, in the manner it is used or
intended to be used, is calculated or likely to produce injury or
death to another person within the Village of Woodville.
(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.
E.
Reckless use of weapons.
(1)
Acts prohibited.
(a)
No person shall endanger another's safety by reckless conduct
in the operation or handling of a firearm, air gun, knife or bow and
arrow.
(b)
No person shall operate or go armed with a firearm, air gun,
knife or bow and arrow while he is under the influence of an intoxicant.
(c)
No person shall intentionally point a firearm, air gun, knife
or bow and arrow at or toward another person.
(2)
Reckless conduct defined. "Reckless conduct" consists of an act which
creates a situation of unreasonable risk and high probability of death
or great bodily harm to another and which demonstrates a conscious
disregard for the safety of another and a willingness to take chances
of perpetrating an injury.
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
ROADWAY
UNLOADED
VEHICLE
Definitions. 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.
Prohibitions; motorboats and vehicles; highways and roadways.
(1)
Except as provided in Subsection C:
(a)
No person may place, possess or transport a firearm, bow or crossbow
in or on a motorboat with the motor running, unless the firearm is
unloaded or unless the bow or crossbow is unstrung or is enclosed
in a carrying case.
(b)
No person may place, possess or transport a firearm, bow or crossbow
in or on a vehicle, unless the firearm is unloaded or unless the bow
or crossbow is unstrung or is enclosed in a carrying case.
(c)
No person may load or discharge a firearm or shoot a bolt or an arrow
from a bow or crossbow in or from a vehicle.
(d)
No person may load or 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 road.
C.
Exceptions.
(1)
Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
A.
Obstructing streets. No person shall obstruct, loiter, cause a nuisance
or engage in any sport or exercise on any public street, sidewalk,
bridge or public ground within the Village of Woodville in such a
manner as to:
(1)
Prevent or obstruct the free passage of pedestrian or vehicular traffic
thereon;
(2)
Prevent or hinder free ingress or egress to or from any place of
business or amusement, church, public hall or meeting place; or
(3)
Cause a nuisance by congregating and hindering the free passage of
pedestrian or vehicular traffic.
B.
Obstructing sidewalk prohibited. No person shall block any sidewalk
or bridge 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.
LOITER
NUISANCE
OBSTRUCT
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 sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the Village of Woodville.
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 sidewalk.
Any sidewalk owned or maintained by the Village. The term
shall not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
D.
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.
A.
Public property loitering prohibited.[1]
(1)
No person shall loiter in or about any public street, public sidewalk,
street crossing, alley, bridge, public parking lot or other place
of assembly or public use after being requested to move by any law
enforcement officer.
(2)
Upon being requested to move, a person shall immediately comply with
such request by leaving the premises or area thereof at the time of
the request.
(3)
No person shall loiter in or about any toilet open to the public
for the purpose of engaging in or soliciting any lewd or lascivious
conduct or any unlawful act.
B.
Private property loitering prohibited.
(1)
No person shall loiter in or about any private premises or adjacent
doorways or entrances or upon private property held out for public
use, including but not limited to business or industry parking lots
or shopping malls, without invitation from the owner or occupant or
any person in authority at such places. No person shall loiter in
or about the doorway, stairway, steps or entrance of any business
place or private residence without the expressed consent of the owner
thereof, or at any time other than usual business hours. Under this
subsection, "business place" shall include a public building at such
times that the same shall be closed for the usual and normal business
conduct thereat.
(2)
Upon being requested to move by any such person in authority or by
any police officer, a person shall immediately comply with such request
by leaving the premises or area thereof at the time of the request.
(3)
No person shall sit, lie, or otherwise recline upon or against any
parked motor vehicle without the expressed consent of the owner thereof,
whether such is parked upon a public street, alley, parking lot, driveway
or private premises.
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. It shall be unlawful for any person knowingly
or wantonly to use or operate, or to cause to be used or operated,
any mechanical device, machine, apparatus or instrument for intensification
or amplification of the human voice or any sound or noise in any public
or private place in such manner that the peace and good order of the
neighborhood are disturbed or that persons owning, using or occupying
property in the neighborhood are disturbed or annoyed.
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.
(a)
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)
The squealing of tires or racing of engines unnecessarily.
(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 property line of the building, structure or
vehicle in which it is located shall be prima facie evidence of a
violation of this section.
(3)
Loudspeakers and amplifiers for advertising. The using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising or attracting attention of the public to any building
or structure. Announcements over loudspeakers can only be made by
the announcer in person and without the aid of any mechanical device.
(4)
Animals and birds. The keeping of any animal or bird 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 Chief of Police 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. No person, while on public or private grounds
adjacent to any building or while within any building in which a school
or any class thereof is in session, shall willfully make or assist
in the making of any noise or diversion which disturbs or tends to
disturb the peace or good order and operation of such school session
or class thereof.
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.
A.
Disorderly conduct prohibited. No person within the Village of Woodville
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.
(3)
Indecently expose his or her person.
(4)
Be in any business or private structure, private vehicle or upon
any private grounds without the consent of the owner.
B.
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, rooms without
rest room facilities, stairways or elevators of public or commercial
buildings.
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or other disciplinary
procedures excluding him from attending any school located within
the Village or any person not a student presently enrolled or not
an employee of such school or not a parent or guardian of a student,
or not an otherwise authorized person, shall be present within any
school building or upon any school grounds without having first secured
authorization to be there from the principal or other person in charge
of the school building or school grounds, except while in direct route
to secure such authorization.
(2)
Any unauthorized person who shall come upon school property and refuse to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3)
"Authorized person" shall include:
(a)
Any person who is present at any school building or school grounds
for the purpose previously authorized by the school or its designee.
(b)
Any person transporting a student and who utilizes the driveway
specified for loading and unloading personnel.
(c)
Any person utilizing a designated area for attending an athletic
or other organized school event.
B.
Disorderly conduct on public school property.
(1)
No person shall, on any school property or building, engage in violent,
abusive, loud or otherwise disorderly conduct which causes or provokes
an immediate disturbance of public order or disturbs or annoys any
other person, nor shall a person intentionally engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
(2)
Nonstudents, students from schools other than the school on the property
or students from a school who are not in compliance with the school
system's published rules and regulations shall be considered
in violation of this section. The published rules and regulations
of the school system are incorporated as if fully set forth herein.
(3)
All entrances to the school buildings referred to in Subsection A shall be posted with a notice stating "Entry into School Building by Unauthorized Person Prohibited."
(4)
"Unauthorized presence" shall include any vehicle that is found on
school property which has not received permission to be there. If
the occupants or owners are not on school property for some legitimate
business or activity or are parked in an area that regulates parking
to certain authorized vehicles, they are in violation. Such vehicle
may be issued a Village summons that regulates parking or may be towed
away at the direction of the school principal or person in charge
of such school building. Law enforcement officers may also have any
vehicle towed away which, because of its location, creates a hazard
to life or property.
C.
Loitering near school prohibited. No person not in official attendance
or on official school business shall enter into, congregate, loiter
or cause a nuisance in any school building in the Village of Woodville
or upon any school district grounds or within adjacent posted school
zones on any day when such schools are in session.
D.
Possession of intoxicating liquor and fermented malt beverages. No
person shall possess intoxicating liquor or fermented malt beverages
while on any school property.
A.
Lawful orders. It shall be unlawful for any person to fail to obey
the direction or order of a law enforcement officer while such law
enforcement officer is acting in an official capacity in carrying
out his or her duties.
B.
Resisting or interfering with officer prohibited. It shall be unlawful
for any person to resist or in any way interfere with any police officer
or member of the Police Department or any person called to assist
such officer, or to threaten, resist or interfere with such officer
or person, or to advise or encourage any other person to resist or
interfere with such officer or person in the discharge of his duty,
or in any way to interfere with or hinder or prevent him from discharging
his duty as such officer or assistant, or to offer or endeavor to
do so, or in any manner to assist any person in the custody of any
law enforcement officer to escape or to attempt to escape from such
custody, or to try to persuade any person to escape from the custody
of such officer, or to rescue or attempt to rescue any person so in
custody, or to fail to obey the order or direction of such officer
while such officer is acting in his official capacity in carrying
out his duties.
A.
Possession of controlled substances. It is unlawful for any person
to possess a controlled substance, other than a controlled substance
classified in Schedules I and II of the Uniform Controlled Substances
Act, Ch. 961, Wis. Stats., which is a narcotic drug, unless the substance
was obtained directly from, or pursuant to a valid prescription or
order of, a practitioner as defined in § 961.01(19), Wis.
Stats., while acting in the course of his professional practice, or
except as otherwise authorized by this Code.
B.
Possession of marijuana.
(1)
No person shall possess 25 grams or less of marijuana, as defined
in § 961.01(14), Wis. Stats., unless it was obtained directly
from, or pursuant to, a valid prescription or order of a practitioner,
as defined in § 961.01(19), Wis. Stats., while acting in
the course of his or her professional practice, or except as otherwise
authorized by Ch. 961, Wis. Stats.
(2)
This section does not apply to any person who is charged with possession
of more than 25 grams of marijuana or who is charged with possession
of any amount of marijuana following a conviction for possession of
any amount of marijuana in the State of Wisconsin.
A.
State statutes adopted. The provisions of §§ 961.571,
961.572, 961.573, 961.574, 961.575 and 961.576, Wis. Stats., and the
definitions therein are adopted by reference.
B.
Definition. In this section, "drug paraphernalia" shall be defined
as provided in § 961.571, Wis. Stats.
C.
Determination of drug paraphernalia. In determining whether an object
is drug paraphernalia, a court or other authority shall consider,
in addition to all other legally relevant factors, the following:
(1)
Statements
by an owner or by anyone in control of the object concerning its use.
(2)
The
proximity of the object, in time and space, to a direct violation
of this section.
(3)
The
proximity of the object to controlled substances or controlled substance
analogs.
(4)
The
existence of any residue of controlled substances or controlled substance
analogs on the object.
(5)
Direct
or circumstantial evidence of the intent of an owner, or of anyone
in control of the object, to deliver it to persons whom he or she
knows intend to use the object to facilitate a violation of this section;
the innocence of an owner, or of anyone in control of the object,
as to a direct violation of this section shall not prevent a finding
that the object is designed for use or primarily intended for use
as drug paraphernalia.
(6)
Instructions,
oral or written, provided with the object concerning its use.
(7)
Descriptive
materials accompanying the object that explain or depict its use.
(8)
Local
advertising concerning its use.
(9)
The
manner in which the object is displayed for sale.
(10)
Whether the owner, or anyone in control of the object, is a legitimate
supplier of like or related items to the community, such as a licensed
distributor or dealer of tobacco products.
(11)
The existence and scope of legitimate uses for the object in the
community.
(12)
Expert testimony concerning its use.
D.
Prohibited uses.
(1)
Possession of drug paraphernalia. No person may use, or possess with
the primary intent to use, drug paraphernalia 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 this section.
(2)
Manufacture or delivery of drug paraphernalia. No person may deliver,
possess with intent to deliver, or manufacture with intent to deliver,
drug paraphernalia, knowing that it will be primarily used 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 this section.
(3)
Delivery of drug paraphernalia by a minor to minor. Any person who is under 17 years of age who violates Subsection D(2) by delivering drug paraphernalia to a person 17 years of age or under who is at least three years younger than the violator is guilty of a special offense.
(4)
Exemption. This section does not apply to manufacturers, practitioners,
pharmacists, owners of pharmacies and other persons whose conduct
is in accordance with Ch. 961, Wis. Stats. This section does not prohibit
the possession, manufacture or use of hypodermics, in accordance with
Ch. 961, Wis. Stats.
E.
Prohibited advertisement of drug paraphernalia. No person may place
in any newspaper, magazine, handbill or other publication any advertisement,
knowing that the purpose of the advertisement, in whole or in part,
is to promote the sale of objects designed for use or primarily intended
for use as drug paraphernalia in violation of this section.
No individual shall cross a police or fire line that has been
so designated by banner, signs or other similar identification.
A.
Harassment. No person, with intent to harass or intimidate another
person, shall do any of the following; each instance shall be considered
a separate violation:
B.
Harassing or obscene telephone calls. Whoever commits any of the following acts shall be subject to the general penalty as provided in § 1-4 of this Code:
(1)
Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent.
(2)
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.
(3)
Makes or causes the telephone of another repeatedly or continuously
to ring, with intent to harass any person at the called number or
numbers.
(4)
Makes repeated telephone calls, during which conversation ensues,
solely to harass any person at the called number or numbers.
(5)
Knowingly permits any telephone under his control to be used for
any purpose prohibited by this section.
(6)
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 have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fenced in such manner as to prevent injury to any person,
and any cover shall be of such a design, size and weight that the
same cannot be removed by small children.
All forms of gambling, lotteries and fraudulent devices and
practices are prohibited within the Village, except as provided by
state law. Any police officer of the Village may seize anything devised
solely for gambling or found in actual use for gambling within the
Village and dispose thereof after a judicial determination that such
device was used solely for gambling or found in actual use for gambling.
