[HISTORY: Adopted by the Village Board of the Village of
Argyle 12-7-2005 as Title 11, Chs. 1 and 2, of the 2005 Village Code. Amendments
noted where applicable.]
GENERAL REFERENCES
General penalty — See § 1-2.
Assemblies and public gatherings — See Ch. 170.
Use of explosives — See Ch. 183.
Drug paraphernalia — See Ch. 255.
Conduct at fires — See Ch. 304.
Fireworks — See Ch. 309.
Graffiti — See Ch. 321.
Public nuisances — See Ch. 405.
Property destruction — See Ch. 450.
Theft — See Ch. 594.
Trespass — See Ch. 618.
The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Village of Argyle. With the exception of § 938.342, Wis. Stats., the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under the general penalty provisions of this Code (see § 1-2). Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made part of this Code. The penalty for truancy and high school dropouts shall be governed by the provisions of § 938.342, Wis. Stats., as adopted herein.
Wis. Stat. Sec.
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Subject of Offense
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---|---|
254.76
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Causing Fire by Tobacco Smoking
|
118.07
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Health and Safety Requirements
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118.08
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School Zones; Crossings
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118.09
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Safety Zones
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118.10
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School Safety Patrols
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118.105
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Control of Traffic on School Premises
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118.11
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School Fences
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118.123
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Reports and Records; Forfeitures
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118.163
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Municipal Truancy and School Dropout Ordinances
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134.65
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Cigarette and Tobacco Products Retailer License
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134.66
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Restrictions on Sale or Gift of Cigarettes or Tobacco Products
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167.10
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Regulation of Fireworks
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175.25
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Storage of Junked Vehicles
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938.125
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Jurisdiction Over Juveniles Alleged to Have Violated Civil Laws
or Ordinances
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938.17
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Jurisdiction — Juveniles — Traffic, Boating, Snowmobile
and All-Terrain Vehicle Violations and Over Civil Law and Ordinance
Violations
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938.342
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Disposition; Truancy and School Dropout Ordinance Violations
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938.343
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Disposition of Juvenile Adjudged to Have Violated a Civil Law
or an Ordinance
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938.344
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Disposition; Certain Intoxicating Liquor, Beer and Drug Violations
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938.345
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Disposition of Juvenile Adjudged in Need of Protection or Services
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254.92
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Purchase or Possession of Tobacco Products Prohibited
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939.05(2)(b)
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Aiding and Abetting
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939.22
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Words and Phrases Defined
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940.19(1)
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Battery
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940.291
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Law Enforcement Officer; Failure to Render Aid
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940.42
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Intimidation of Witnesses; Misdemeanor
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940.44
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Intimidation of Victims; Misdemeanor
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941.01
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Negligent Operation of a Vehicle
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941.10
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Negligent Handling of Burning Materials
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941.12(2), (3)
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Interfering With or Failing to Assist in Firefighting
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941.13
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False Alarms
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941.20(1)
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Reckless Use of Weapon
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941.299
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Restrictions on Use of Laser Pointers
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941.23
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Carrying Concealed Weapon
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941.235
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Carrying Firearm in a Public Building
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941.24
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Possession of Switchblade Knife
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941.35
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Emergency Telephone Calls
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941.36
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Fraudulent Tapping of Electric Wires or Gas or Water Meters
or Pipes
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941.37(1), (2)
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Obstructing Emergency or Rescue Personnel
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942.01
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Defamation
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942.03
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Giving False Information for Publication
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942.05
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Opening Letters
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943.01(1)
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Damage to Property
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943.11
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Entry into Locked Vehicle
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943.125
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Entry into Locked Coin Box
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943.13
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Trespass to Land
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943.14
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Criminal Trespass to Dwellings
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943.145
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Criminal Trespass to Medical Facility
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943.15
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Entry onto a Construction Site or into a Locked Building, Dwelling
or Room
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943.20(1), (2), (3)(a)
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Theft
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943.21(3)(am)
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Fraud on Hotel or Restaurant Keeper
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943.22
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Use of Cheating Tokens
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943.23(1), (5)
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Operating Vehicle without Owner's Consent
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943.24
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Issuance of Worthless Check
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943.34(1)(a)
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Receiving Stolen Property
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943.37
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Alteration of Property Identification Marks
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943.38(3)
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Forgery
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943.41
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Financial Transaction Card Crimes
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943.46
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Theft of Video Service
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943.50(1)-(3), (4)(a)
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Retail Theft
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943.55
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Removal of a Shopping Cart
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943.70
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Computer Crimes
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944.15
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Public Fornication
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944.17
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Sexual Gratification
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944.20
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Lewd and Lascivious Behavior
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944.21
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Obscene Material or Performance
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944.23
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Making Lewd, Obscene or Indecent Drawings
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944.25
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Sending Obscene or Sexually Explicit Electronic Messages
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944.30
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Prostitution
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944.31
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Patronizing Prostitutes
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944.33
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Pandering
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944.36
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Solicitation of Drinks Prohibited
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945.01
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Definitions Relating to Gambling
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945.02
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Gambling
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945.04
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Permitting Premises to be Used for Commercial Gambling
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946.40
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Refusing to Aid Officer
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946.41
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Resisting or Obstructing Officer
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946.42(2)
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Escape
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946.46
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Encouraging Violation of Probation or Parole
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946.69
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Falsely Assuming to Act as Public Officer or Employee
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946.70
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Impersonating Peace Officer
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946.72(2)
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Tampering with Public Records and Notices
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947.01
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Disorderly Conduct
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947.012
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Unlawful Use of Telephone
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947.013
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Harassment
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947.06
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Unlawful Assemblies
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948.01
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Definitions Relating to Crimes Against Children
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948.09
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Sexual Intercourse with a Child Age 16 or Older
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948.10
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Exposing Genitals or Pubic Area
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948.11(1)(b), (2)(b)
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Exposing a Child to Harmful Material
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948.21
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Neglecting a Child
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948.40
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Contributing to the Delinquency of a Child
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948.50
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Strip Search by School Employee
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948.51(1), (2), (3)(a)
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Hazing
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948.60
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Possession of a Dangerous Weapon by a Person Under 18
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948.61(1), (2)
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Dangerous Weapons Other Than Firearms on School Premises
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948.63
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Receiving Property From a Child
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951.01
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Definitions Relating to Crimes Against Animals
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951.015
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Construction and Application
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951.02
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Mistreating Animals
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951.03
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Dognapping or Catnapping
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951.04
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Leading Animal from Motor Vehicle
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951.05
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Transportation of Animals
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951.06
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Use of Poisonous and Controlled Substances
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951.07
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Use of Certain Devices Prohibited
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951.08
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Instigating Fights Between Animals
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951.09
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Shooting at Caged or Staked Animals
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951.10
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Sale of Baby Rabbits, Chicks and Other Fowl
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951.11
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Artificially Colored Animals; Sale
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951.13
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Providing Proper Food and Drink to Confined Animals
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951.14
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Providing Proper Shelter
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951.15
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Animals; Neglected or Abandoned; Police Powers
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173.10
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Investigation of Animal Cruelty Complaints
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173.24
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Reimbursement for Expenses
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961.01 — 961.67
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Uniform Controlled Substances Act
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A.
Penalty. In addition to the general penalty provisions of this Code in § 1-2 or any other penalty imposed for violation of any section of Chapters 150, 218, 222, 255, 321, 355, 360, 365, 374, 405, 439, 460, 469, 484, 533, 594 and 618 of this Code, any person who shall cause physical damage to or destroy any public property shall be liable for the cost of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated juvenile who violates § 560-1 of this Code may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with the Wisconsin Statutes. Nothing in this Code of the Village shall prevent the Police Department from referring violations of the provisions of Chapters 150, 218, 222, 255, 321, 355, 360, 365, 374, 405, 439, 460, 469, 484, 533, 594 and 618 of this Code to the District Attorney's office in the interest of justice.
B.
Attempt.
(2)
An attempt to commit an act prohibited by the ordinances in Chapters 150, 218, 222, 255, 321, 355, 360, 365, 374, 405, 439, 460, 469, 484, 533, 594 and 618 of this Code requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute a violation of these ordinances and that he/she does acts towards the commission of the violation which demonstrate unequivocally, under all the circumstances, that he/she formed that intent and would commit the violation except for the intervention of another person or some other extraneous factor.
C.
Parties to acts prohibited in Chapters 150, 218, 222, 255, 321, 355, 360, 365, 374, 405, 439, 460, 469, 484, 533, 594 and 618 of the Code of the Village.
(1)
Whoever is concerned in the commission of an act prohibited by said
chapters of this Code is a principal and may be charged with and convicted
of the commission of said act although he/she did not directly commit
it and although the person who directly committed it has not been
convicted of some other act prohibited by these ordinances.
(2)
A person is concerned in the commission of an act prohibited by these
ordinances if he/she:
(a)
Directly commits the act;
(b)
Intentionally aids and abets the commission of it; or
(c)
Is a party to a conspiracy with another to commit it or advises,
hires, counsels, or otherwise procures another to commit it. Such
party is also concerned in the commission of any other act which is
committed in pursuance of the intended violation and which, under
the circumstances, is the natural and probable consequence of the
intended violation. This paragraph does not apply to a person who
voluntarily changes his/her mind and no longer desires that the act
be committed and notifies the other parties concerned of his/her withdrawal
within a reasonable time before the commission of the violation so
as to allow the others also to withdraw.
A.
Discharge of firearms regulated.
(1)
No person, except a 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 in his/her
possession or under his/her control within the Village of Argyle,
provided that this section shall not prevent the maintenance and use
of duly supervised rifle or pistol ranges or shooting galleries authorized
by the Village Board or the firing or discharging of BB guns upon
private premises by persons over 16 or under the direct personal supervision
of a parent or legal guardian.
(2)
The Chief of Police may issue written permits to owners or occupants
of private premises to shoot on such premises if he/she finds such
privileges necessary for the elimination of vermin, subject to such
safeguards as he/she may impose for the safety of the lives and property
of other persons within the Village.
B.
Hunting prohibited. No hunting of any kind shall be allowed within the corporate boundaries of the Village of Argyle except as permitted in Subsection A above. Open hunting seasons, as defined by the Wisconsin Department of Natural Resources, shall not be effective within such municipal boundaries.
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 Argyle in a dangerous manner.
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 Village Board.
E.
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 600 feet of any inhabited dwelling or building or any
public park, square or enclosure.
(2)
This subsection shall not apply:
(a)
To the shooting or discharging of toy arrows or arrows which
have a tip made of rubber or similar material.
(b)
To a supervised archery range approved by the Village Board.
(c)
Within the interior of a single-family dwelling.
(d)
To private archery practice, provided such targets are placed
in front of a building or an open agricultural field in such a manner
as to prevent stray arrows from crossing or entering adjacent properties,
provided that such person first has been granted permission by the
Chief of Police, in writing, to construct and maintain an approved
archery range, if in the opinion of the Chief of Police the construction
of such range will in no way endanger the public health and safety.
F.
FIREARM
Definitions. For purposes of this section, the following terms shall
have the meanings indicated:
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 Argyle, wear
or in any manner carry under his/her clothes or conceal upon or about
his/her person any deadly or dangerous weapon, starter pistol or toy
designed to closely resemble an actual firearm, provided 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.
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 secured
(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.
(1)
No person, except a sheriff, constable, police officer or other law
enforcement officer acting within the scope of their duties, shall
carry or wear concealed about his/her 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.
(2)
Any weapon involved in an offense under this subsection above may
be seized and may be forwarded, within 48 hours of seizure, to the
Crime Laboratory Division of the Wisconsin Department of Justice for
examination. After examination by the Crime Laboratory, the weapon
shall be returned to the Village of Argyle Police Department. If the
weapon is owned by a person convicted under this subsection, it may
be confiscated by the Argyle Police Department. If it is owned by
a person other than the person convicted, the trial judge may decide
whether such weapon shall be returned to its rightful owner or confiscated
by the Argyle Police Department.
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 Argyle.
(2)
CHURKIN
NUMCHUK or NUNCHAKU
SUCBAI
For the purpose of this section, the following definitions shall
apply:
A round throwing knife consisting of several sharp points
protruding from a rounded disc.
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/she 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:
Has the meaning given under § 114.002(3), Wis.
Stats.
Enclosed in a case that is expressly made for the purpose
of containing a firearm and that is completely zipped, snapped, buckled,
tied or otherwise fastened with no part of the firearm exposed.
A weapon that acts by force of gunpowder.
Has the meaning given under § 340.01(22), Wis.
Stats.
Has the meaning given under § 30.50(6), Wis. Stats.
Has the meaning given under § 340.01(54), Wis.
Stats.
Any of the following:
Has the meaning given under § 340.01(74), Wis.
Stats., and includes a snowmobile, as defined under § 340.01(58a),
Wis. Stats.
B.
Prohibitions; motorboats and vehicles; highways and roadways.
(1)
Except as provided in Subsection C, 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.
(2)
Except as provided in Subsection C, 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.
(3)
Except as provided in Subsection 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.
No person shall sell, expose or offer for sale, use, keep, possess, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Village unless he/she shall be authorized by a fireworks permit as provided in Chapter 309, 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 fireworks, rockets or similar missiles containing explosive fuel.
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 Argyle 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 public ways.
(1)
No person shall obstruct or interfere with by any means any vehicular,
railroad or pedestrian traffic on any public walk, highway, street,
alley, railroad track or public thoroughfare for the purpose of disrupting
the orderly movement of such traffic or to impede intentionally or
unintentionally the flow of the vehicular, train or pedestrian traffic
on a public walk, highway, street, alley, railroad track or public
thoroughfare or at any public building or premises, parking lot or
structure.
(2)
Any unauthorized or unlawful use of property abutting on a public
street, alley or sidewalk or on a public street, alley or sidewalk
which causes large crowds of people to gather, obstructing traffic
and free use of the streets and sidewalks, is a violation of this
section.
C.
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
Definitions. As used in this section, the following terms shall have
the meanings indicated, 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 Argyle.
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)
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.
(4)
No person shall loiter in or about any school or public place at
or near which children or students attend or normally congregate.
As used in this subsection, "loiter" means to delay, to linger or
to idle in or about any said school or public place without a lawful
purpose for being present.
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
by 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 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 be parked upon a public street, alley, parking lot, driveway
or private premises.
(4)
No person shall stand or loiter on any roadway other than in a safety
zone if such act interferes with the lawful movement of traffic.
C.
Loitering or prowling prohibited.
(1)
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/herself
or manifestly endeavors to conceal himself/herself or any object.
Unless flight by the person or other circumstances makes it impracticable,
a law enforcement 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/her to
identify himself/herself and explain his/her presence and conduct.
No person shall be convicted of an offense under this subsection if
the law enforcement 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 law enforcement officer at the time,
would have dispelled the alarm.
(2)
No person shall hide, wait or otherwise loiter in the vicinity of
any private dwelling house, apartment building, or any other place
of residence with the unlawful intent to watch, gaze or look upon
the occupants therein in a clandestine manner.
(3)
No person shall lodge in any building, structure or place, whether
public or private, without the permission of the owner or person entitled
to possession or in control thereof.
(4)
No person shall loiter in or about a restaurant, tavern or other
public building. As used in this subsection, "loiter" means to, without
just cause, remain in a restaurant, tavern or public building or to
remain upon the property immediately adjacent thereto after being
asked to leave by the owner or person entitled to possession or in
control thereof.
D.
Loitering by underage persons where alcohol beverage is dispensed.
(1)
Underage persons and intoxicants. No underage person shall enter,
remain or loiter in any public or private place where any fermented
malt beverage or other alcohol beverage is sold, dispensed, given
away or made available unless accompanied by a parent, guardian or
spouse who has attained the legal drinking age.
(2)
Permitting loitering prohibited. No person of legal drinking age
shall permit any underage person to enter, remain or loiter in any
premises, public or private, where fermented malt beverages or other
alcohol beverages are served, sold, dispensed, given away or made
available unless such underage person is accompanied by a parent,
guardian or spouse who has attained the legal drinking age.
E.
LOITER
NUISANCE
UNLAWFUL ASSEMBLIES
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 Argyle.
An "unlawful assembly" is an assembly which consists of three
or more persons and which causes such a disturbance of public order
that it is reasonable to believe that the assembly will cause injury
to persons or damage to property unless it is immediately dispersed.
An unlawful assembly includes an assembly of persons who assemble
for the purpose of blocking or obstructing the lawful use by any other
person or persons of any private or public thoroughfares, property
or of any positions of access or exit to or from any private or public
building, or dwelling place, or any portion thereof, and which assembly
does in fact so block or obstruct the lawful use by any other person
or persons of such private or public thoroughfares, property or any
position of access or exit to or from any private or public building
or dwelling place, or any portion thereof.
F.
Soliciting. No person shall loiter in or near any thoroughfare or
place open to the public in a manner and under circumstances manifesting
the purpose of inducing, enticing, soliciting or procuring another
to commit an act of prostitution. Among the circumstances which may
be considered in determining whether such purpose is manifested: that
such person is a known prostitute or panderer, that such person repeatedly
beckons to stop or attempts to stop or engages male or female passersby
in conversation, or repeatedly stops or attempts to stop motor vehicle
operators by hailing, waving of arms or any other bodily gesture.
The violator's conduct must be such as to demonstrate a specific
intent to induce, entice, solicit or produce another to commit an
act of prostitution. No arrest shall be made for a violation of this
subsection unless the law enforcement officer first affords such persons
an opportunity to explain such conduct, and no one shall be convicted
of violating this subsection if it appears at trial that the explanation
given was true and disclosed a lawful purpose. As used in this subsection:
(1)
Public place is an area generally visible to public view and includes
streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking
lots, automobiles, whether moving or not, and buildings open to the
general public, including those which serve food or drink or provide
entertainment, and the doorway and entrance to buildings or dwellings
and the grounds enclosing them.
(2)
"Known prostitute or panderer" means a person who, within five years
previous to the date of arrest for violation of this section, had,
within the knowledge of the sworn police officer, been convicted in
any municipal court or circuit court in the State of Wisconsin of
an offense involving prostitution.
G.
Unlawful assemblies. Whoever intentionally fails or refuses to withdraw
from an unlawful assembly which the person knows has been ordered
to disperse is guilty of a violation of this section.
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 is 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, 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
unreasonable 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, similar devices. The using, operating or permitting
to be played, used or operated 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, 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, birds. The keeping of any animal or bird which causes frequent
or long continued unnecessary noise.
(5)
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.
(6)
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, the Chief of Police shall have
the authority, upon determining that the loss of 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.
(7)
Schools, courts, churches, 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.
(8)
Exceptions. The provisions of this section shall not apply to:
(a)
Any vehicle of the Village while engaged in necessary public
business.
(b)
Excavations or repairs of streets or other public construction
by or on behalf of the Village, county or state at night when public
welfare and convenience renders it impossible to perform such work
during the day.
(c)
The reasonable use of amplifiers or loudspeakers in the course
of public addresses which are noncommercial in nature.
C.
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 Argyle is prohibited
unless the party desiring to use such loudspeaker or amplifying device
first obtains a permit from the Chief of Police.
(2)
Grounds or reasons for denial or allowance. The Chief of Police shall
have the authority to revoke such permit when he/she 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 Police shall not grant a permit to
use a loudspeaker or amplifying device before the hours of 9:00 a.m.
or after 10:00 p.m. No permit shall 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 Argyle
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)
With intent to annoy another, make a telephone call, whether or not
conversation ensues;
(4)
Indecently expose his or her person; or
(5)
Be in any business or private structure, private vehicle or upon
any private grounds without the consent of the owner.
B.
Violent and abusive behavior; nonverbal gestures. No person in any
public or private place may engage in any violent, abusive, indecent,
profane, boisterous, unreasonably loud or otherwise disorderly conduct
which tends to cause or provoke an immediate disturbance of public
order or tends to disturb or annoy any other person. Such prohibited
conduct also includes nonverbal gestures, signals or gang signs if
said conduct tends to cause or provoke an immediate disturbance of
public order or tends to disturb or annoy any other person.
C.
Defecating or urinating in public places. It shall be unlawful for
any person to defecate or urinate outside of designated 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, or to indecently expose his person.
D.
Disturbance of meetings. No person may disrupt or disturb any congregation,
audience, public meeting or lawful assembly of persons of any kind
or, in concert with others, disturb or disrupt such meeting.
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or other disciplinary
procedures excluding him/her from attending any school located within
the Village or any person not a student presently enrolled or not
an employee of such schools 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 refuses 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 their designee;
(b)
Any person transporting a student and who utilizes the driveway
specified for loading and unloading personnel; or
(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 by the School Board 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 Argyle
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.
E.
LOITER
NUISANCE
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 Argyle.
A.
Lawful orders. 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.
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/her
duty, or to in any way interfere with or hinder or prevent him/her
from discharging his/her duty as such officer or assistant or to offer
or endeavor to do so, or to in any manner 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/her official capacity
in carrying out his/her 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 under 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 while
acting in the course of his/her 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 (tetrahydrocannabinols,
commonly known as "THC," in any form including tetrahydrocannabinols
contained in marijuana, obtained from marijuana or chemically synthesized),
as defined in § 961.01, Wis. Stats., unless it was obtained
directly from or pursuant to a valid prescription or order of a practitioner
while acting in the course of his or her professional practice, or
except as otherwise authorized by Ch. 961, Wis. Stats.
(2)
For purposes of this section, "practitioner" means:
(a)
A physician, dentist, veterinarian, podiatrist, scientific investigator
or other person licensed, registered or otherwise permitted to distribute,
dispense, conduct research with respect to, or administer a controlled
substance in the course of professional practice or research in the
State of Wisconsin.
(b)
A pharmacy, hospital or other institution licensed, registered
or otherwise permitted to distribute, dispense, conduct research with
respect to or administer a controlled substance in the course of professional
practice or research in the State of Wisconsin.
(3)
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.
C.
Toxic inhalants.
(1)
TOXIC INHALANTS
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any glue, paint, gasoline, aerosol, adhesive cement, mucilage,
plastic cement or any similar substance containing one or more of
the following volatile substances:
Acetone;
Benzene;
Butyl alcohol;
Cyclohexanone;
Ethyl acetate;
Ethyl alcohol;
Ethylene dichloride;
Hexane;
Isopropl alcohol;
Methyl alcohol;
Methyl celosove;
Acetate;
Methyl ethyl ketone;
Methyl isobutyl ketone;
Pentachlorphenol;
Petroleum ether;
Trichlorethylene;
Tricresylphosphate;
Toluene;
Toluol; or
Any other chemical capable of producing intoxication when inhaled.
(2)
Inhalation of vapors or fumes from toxic inhalants prohibited. No
person shall inhale or otherwise introduce into his respiratory tract
any toxic vapors or fumes which may be released from any toxic inhalants
with the intent of becoming intoxicated, elated, excited, stupefied,
irrational, paralyzed, or of changing, distorting or disturbing his/her
eyesight, thinking process, judgment, balance or muscular coordination.
(3)
Limitations on sales, transfer and possession of toxic inhalants.
No person shall, for the purpose of violating or aiding another to
violate any provision of this subsection, possess, buy, sell, transfer
possession or receive possession of any toxic inhalants.
D.
Additional penalties. In addition to the penalties in § 1-2 of this Code:
(1)
If any adult violates Subsection B or C, the Court shall, in addition to any other penalties that may apply to the offense, suspend or revoke the person's operating privilege for not less than six months nor more than five years. The Court shall immediately take possession of any suspended or revoked license and forward it to the Department of Transportation, together with the record of conviction and notice of suspension or revocation.
(3)
If any person who is under 18 years of age violates Subsection B or C, the Court shall, in addition to any other penalties that may apply to the offense, suspend or revoke the person's operating privilege for not less than six months nor more than five years. The court shall immediately take possession of any suspended or revoked license and forward it to the Department of Transportation, together with the record of conviction and notice of suspension or revocation.
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 § 1-2 of this Code:
(1)
Make any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent;
(2)
Make 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)
Make or cause the telephone of another repeatedly or continuously
to ring, with intent to harass any person at the called number or
numbers;
(4)
Make repeated telephone calls, during which conversation ensues,
solely to harass any person at the called number or numbers;
(5)
Knowingly permit any telephone under his/her control to be used for
any purpose prohibited by this section;
(6)
In conspiracy or concerted action with other persons, make 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/her 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 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 law enforcement officer of the Village may seize anything
devised solely for unlawful 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.
A.
AMBULANCE
AMBULANCE ATTENDANT
AMBULANCE SERVICE PROVIDER
AUTHORIZED EMERGENCY VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
BONA FIDE EMERGENCY or BONA FIDE REQUEST FOR EMERGENCY SERVICES
EMERGENCY MEDICAL PERSONNEL
PERSON
Definitions. For the purposes of this section, the following definitions
apply to the terms as used herein:
An emergency vehicle, including any motor vehicle, boat or
aircraft, whether privately or publicly owned, which is designated,
constructed or equipped to transport patients.
A person who is responsible for the administration of emergency
care procedures, proper handling and transporting of the sick, disabled
or injured persons, including, but not limited to, ambulance attendants
and ambulance drivers.
A person engaged in the business of transporting sick, disabled
or injured persons by ambulance to or from facilities or institutions
providing health services.
Any of the following:
Police vehicles, whether publicly or privately owned;
Conservation wardens' vehicles or foresters' trucks,
whether publicly or privately owned;
Vehicles of a fire department or fire patrol;
Privately owned motor vehicles being used by deputy state fire
marshals or by personnel of a full-time or part-time fire department
or by members of a volunteer fire department while en route to a fire
or on an emergency call pursuant to orders of their chief or other
commanding officer;
Such emergency vehicles of municipal or county departments or
public service corporations as are designated or authorized by the
local authorities to be authorized emergency vehicles;
Such emergency vehicles of state departments as are designated
or authorized by the heads of such departments to be authorized emergency
vehicles;
Such ambulances, publicly owned, as are designated or authorized
by local authorities to be authorized emergency vehicles; and
Such ambulances which are privately owned and are operated by
owners or their agents and which vehicles are authorized by the Sheriff
or others designated by the County Board to be operated as emergency
vehicles. The Sheriff or others designated by the County Board may
make such authorization, which shall be in writing and which shall
be effective throughout the state until rescinded. The Sheriff or
others designated by the County Board may designate any owner of ambulances
usually kept in the county to operate such vehicles as authorized
emergency vehicles. Such written authorization shall at all times
be carried on each ambulance used for emergency purposes. The Sheriff
shall keep a file of such authorizations in his office for public
inspection, and all other persons permitted to issue authorizations
shall file a copy of all authorizations issued with the Sheriff, who
shall keep them on file.
Those circumstances wherein the caller reasonably believes
that person(s) and or property may be in actual or potential danger
of injury and, in the case of person(s), in danger of illness.
Any emergency medical personnel, ambulance attendant, peace
officer or firefighter, or other person operating or staffing an ambulance
or an authorized emergency vehicle.
Any individual, firm, partnership, association, corporation,
trust, foundation, company, any governmental agency other than the
U.S. government, or any group of individuals, however named, concerned
with the operation of an ambulance.
B.
Prohibitions. It is the intent of the Village of Argyle, in its adoption of this provision, to protect against the foregoing activities in a manner consistent with that provided by § 941.37, Wis. Stats. The following acts are prohibited and perpetration thereof subjects the violator to penalty as provided by § 1-2 of this Code:
(1)
Knowingly obstructing any emergency medical personnel in the performance
of duties relating to an emergency or rescue;
(2)
Intentionally interfering with any medical personnel in the performance
of duties relating to an emergency or rescue, when it is reasonable
that the interference may endanger another's safety; or
(3)
Knowingly making any telephone call to any emergency medical personnel,
police agency or fire department for any purpose other than to report
a bona fide emergency or to make a bona fide request for emergency
services.
A.
ALCOHOL BEVERAGES
CONTROLLED SUBSTANCES
LODGING ESTABLISHMENT
UNDERAGE PERSON
Definitions. In this section, the following terms shall have the
meanings indicated:
Has the meaning given in § 125.02(1), Wis. Stats.
Has the meaning given in § 961.01(4), Wis. Stats.
Has the meaning given in § 254.61, Wis. Stats.[1]
Has the meaning given in § 125.02(20m), Wis. Stats.
B.
Improper activities. Any person who procures lodging in a lodging establishment, and permits or fails to take action to prevent any of the following activities from occurring in the lodging establishment, is subject to the penalties provided in § 1-2.
C.
Denial of lodging. An owner or employee of a lodging establishment
may deny lodging to an adult if the owner or employee reasonably believes
that consumption of an alcohol beverage by an underage person, not
accompanied by his or her parent, legal guardian or spouse who has
attained the legal drinking age, or illegal use of a controlled substance
may occur in the area of the lodging establishment procured.
D.
Deposits. An owner or employee of a lodging establishment may require
a cash deposit or use of a credit card at the time of application
for lodging.