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 Baldwin,
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 guardian.
(2)
The Chief of Police may issue written permits to owners or occupants
of private premises to hunt or shoot on such premises if he/she finds
such privileges necessary for the protection of life or property and
subject to such safeguards as he/she may impose for the safety of
the lives and property of other persons within the Village.
(3)
Nothing in this section shall be deemed to prohibit the authorized
use of force provided by law, for example, pursuant to §§ 939.45
through 939.49, Wis. Stats., and the following provisions of this
section.
[Added 9-13-2017]
B.
Hunting prohibited. No hunting of any kind shall be allowed within the corporate boundaries of the Village of Baldwin except as permitted in Subsection A above, and bow hunting pursuant to § 29.038, Wis. Stats., and the following provisions of this section.
[Amended 9-13-2017]
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 Baldwin 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 300 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 in such a manner as to prevent stray arrows
from crossing or entering adjacent properties.
(e)
To bow hunting as follows: A person may hunt on private land
with a bow and arrow or a crossbow, pursuant to § 29.038,
Wis. Stats., except such hunting is prohibited within 100 yards from
a building used for human occupancy located on another person's
land, unless the hunter has the permission of the person who owns
the land on which the building is located. Persons hunting pursuant
to this provision must discharge the arrow or bolt toward the ground,
such as from a tree stand. Hunting is prohibited in Village parks
or other Village-owned land, except by special written permission
of the Village Board.
[Added 9-13-2017]
F.
Definitions. For purposes of this section, a 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
gun powder.
A.
Concealed weapons prohibited.
(1)
Prohibition. No person shall, within the Village of Baldwin, 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 licensed
to carry such weapons.
[Amended 3-9-2016]
(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, sling shot, cross knuckle of lead, brass or other materials,
or any other dangerous or deadly weapon within the Village, except
those persons properly licensed under this law.
[Amended 3-9-2016]
(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 Baldwin Police Department. If
the weapon is owned by a person convicted under this subsection, it
may be confiscated by the Baldwin 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 Baldwin 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 "nunchuk"
(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 "shuriken") 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 Baldwin.
(2)
CHURKIN
NUNCHUK 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.[1]
[Added 9-14-2011]
A.
Pursuant to § 943.13(1m)(c)4, Wis. Stats., no person shall enter or remain in any part of a building owned, occupied or controlled by the Village or the state or other local governmental unit if the Village, state or local governmental unit has notified the person not to enter or remain in the building while carrying or with a firearm or other dangerous weapon [as defined by § 428-4A(2)].
B.
The Village
Administrator shall cause signs to be erected at all entrances to
all buildings owned, occupied or under the control of the Village
providing notice that no person is to enter or remain in any such
building while carrying a firearm or dangerous weapon. Such signs
shall be five inches by seven inches or larger.
[Amended 3-13-2013]
C.
Nothing
in this subsection shall be construed to apply to prohibit a peace
officer or armed forces or military personnel armed in the line of
duty or any person duly authorized by the Chief of Police to possess
a firearm or other dangerous weapon in any public building. Notwithstanding
§ 939.22(22), Wis. Stats., for purposes of this subsection,
"peace officer" does not include a commission warden who is not a
state-certified commission warden.
D.
Nothing
in this section shall be construed to authorize the carrying of any
firearm or dangerous weapon contrary to § 941.23 or 941.235,
Wis. Stats.
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 307, Fireworks, of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all 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 Baldwin 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 of 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 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 Baldwin.
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 is 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 make 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.[1]
D.
LOITER
NUISANCE
UNLAWFUL ASSEMBLY
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:
See definition of "loiter" in § 428-7C.
[2]See definition of "nuisance" in § 428-7C.
[3]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.
E.
KNOWN PROSTITUTE OR PANDERER
PUBLIC PLACE
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,
the following terms shall have the meanings indicated:
A person who, within five years previous to the date of arrest
for violation of this subsection, 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.
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.
F.
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, CD or DVD players, tape players, media players, phonographs,
musical instruments, and similar devices. The using, operating or
permitting to be played, used or operated any musical instrument,
radio or other machine or device for the producing or reproducing
of sound in a loud and unnecessary manner. The operation of any such
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.
[Amended 3-9-2016]
(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 or other public right-of-ways for
the purpose of commercial advertising or attracting attention of the
public to any building or structure. De minimis carrying over of amplified
sound onto the public streets or other public rights-of-way beyond
the property line that is not for the purpose of attracting the attention
of the general public is permitted, provided it does not create a
distraction or hazard to the public utilizing the public streets or
right-of-way.
[Amended 3-9-2016]
(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 motor boat 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 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.
(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.
(9)
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 Baldwin 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. As a condition of permit issuance, the Chief of
Police shall attach to such permit times when the use of an amplifying
device is permitted. 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 Baldwin
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;
(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 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.[1]
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 a 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 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 Baldwin
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 law enforcement
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, 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.
(3)
This subsection 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 INHALANT
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
Definition. As used in this subsection, 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;
Isopropyl alcohol;
Methyl alcohol;
Methyl cellosove;
Acetate;
Methyl ethyl ketone;
Methyl isobutyl ketone;
Pentachlorophenol;
Petroleum ether;
Trichlorethylene;
Tricresyl phosphate;
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.
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/her 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/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
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:
Has the meaning specified in § 256.01(1), Wis.
Stats.[1]
A person who is responsible for the administration of emergency
care procedures and proper handling and transporting of sick, disabled
or injured persons, including but not limited to ambulance attendants
and ambulance drivers.
Has the meaning specified in § 256.01(3), Wis.
Stats.[2]
Has the meaning specified in § 340.01(3), Wis.
Stats.[3]
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.
Has the meaning specified in § 941.37(1)(c), Wis.
Stats.[4]
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 Baldwin, 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 § 1-4:
(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.
(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 SUBSTANCE
LODGING ESTABLISHMENT
UNDERAGE PERSON
Definitions. As used 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 § 106.52(1)(d), Wis. Stats.
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 § 1-4.[1]
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.
