[HISTORY: Adopted by the Town Board of the
Town of Ledgeview 4-17-2001 by Ord. No. 2001-100. Amendments noted
where applicable.]
[Amended 7-5-2011 by Ord. No. 2011-006]
As authorized by § 66.051(2),[1] Wis. Stats., 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 Town, provided
the penalty for commission of such offenses hereunder shall be limited
to a forfeiture imposed under the general penalty provisions of this
Municipal Code. Any future amendments, revisions or modifications
of the statutes incorporated herein by reference are intended to be
made part of this Code.
|
Statute
|
Offense
|
|---|---|
|
940.19(1)
|
Battery
|
|
941.20
|
Endangering safety by use of a dangerous weapon
|
|
943.01(1)
|
Damage to property
|
|
943.017
|
Graffiti
|
|
943.13
|
Trespass to land
|
|
943.14
|
Criminal trespass to dwelling
|
|
943.20
|
Theft
|
|
943.50
|
Retail theft
|
|
944.20
|
Lewd and lascivious behavior
|
|
946.41
|
Resisting or obstructing officer
|
|
947.01
|
Disorderly conduct
|
|
947.012
|
Unlawful use of telephone
|
|
947.013
|
Harassment
|
[1]
Editor's Note: 1999 Act 150 renumbered this section as § 66.0107(2).
[Amended 1-16-2007 by Ord. No. 2006-18]
As authorized by § 938.17, Wis. Stats.,
the following statutes are hereby adopted by reference as if set forth
herein in full:
|
Statute
|
Offense
|
|---|---|
|
118.163(2)
|
Habitual truancy
|
|
120.12(20)
|
Use of tobacco products on premises under control
of School Board
|
|
125.07(4)(a)
|
Underage person possession of alcohol beverages
|
|
125.07(4)(b)
|
Underage person possessing or consuming alcohol
beverages
|
|
125.09(2)(b)
|
Possession or consumption of alcohol beverages
on school premises
|
[Amended 1-16-2007 by Ord. No. 2006-18; 8-16-2011 by Ord. No. 2011-009]
As authorized by § 66.0107(1)(bm),
(bn) and (bp), Wis. Stats., the following statutes are hereby adopted
by reference as if set forth herein in full:
|
Statute
|
Offense
|
|---|---|
|
961.41(3g)
|
Possession of marijuana or synthetic cannabinoids
|
|
961.573(1)
|
Possession of drug paraphernalia
|
[Amended 10-20-2009 by Ord. No. 2009-039]
The following state statutes are hereby adopted
by reference as if fully set forth herein:
|
Statute
|
Offense
|
|---|---|
|
Wis. Stats § 254.92
|
Purchase or possession of tobacco by minors
|
A.
Littering.
[Amended 6-4-2012 by Ord.
No. 2012-007; 2-15-2016 by Ord. No. 2016-003]
(1)
DEBRIS
GARBAGE
JUNK
LITTER
REFUSE
RUBBISH
TRASH
Definitions. For the purpose of this subsection, the following terms,
phrases, words, and their derivations shall have the meaning herein
given:
Things (such as broken pieces and old objects) that are lying
where they fell or that have been left somewhere because they are
not wanted; the remains of something broken down or destroyed. The
accumulation of loose material or of rock, vegetable, or animal matter.
Residential miscellaneous waste material, excluding recyclables,
including but not limited to discarded material resulting from handling,
processing, storing, or consumption of food which is subject to decomposition,
decay, and putrefaction; contaminated paper (used tissues), wood and
cloth. Garbage shall specifically exclude hazardous, offensive, noxious
or toxic wastes, bulk waste, construction debris, yard waste, and
brush, and it must fit in a garbage container so as to allow the lid
to close.
Any old or discarded material, as metal, paper, or rags,
anything that is regarded as worthless, meaningless, or contemptible;
trash.
Garbage, refuse, rubbish, trash, debris, and junk as defined
herein, and all other waste material which is thrown or deposited
as herein prohibited tends to create a danger to public health, safety
and welfare.
Any materials or objects unused and rejected as worthless
or unwanted.
Nonputrescible and solid wastes consisting of both combustible
and noncombustible wastes, such as circulars, leaflets, pamphlets,
wrappers, handbills, newspapers and all and any other printed or nonprinted
paper material, cigarettes, cardboard, tin cans, yard clippings, leaves,
wood, glass and other similar materials.
Things that are no longer useful or wanted and that have
been thrown away, anything worthless, useless, or discarded; rubbish.
(2)
Public places. No person shall throw, deposit or cause to be placed
litter upon any street, sidewalk, alley or other public place within
the Town of Ledgeview.
(3)
Placement of litter in containers. Persons placing litter in refuse
or garbage containers shall do so in such a manner and in such containers
as will prevent it from being carried or deposited by the elements
upon any street, sidewalk, alley or other public place or upon private
property.
(4)
Sweeping litter into gutters. No person shall sweep into or deposit
in any gutter, street, alley or public place within the Town the accumulation
of litter from any building or lot or from any public or private sidewalk
or driveway. Persons owning or occupying property shall keep the sidewalks,
entrance walks, parking lots and parking areas in front of or upon
their premises free of litter.
(5)
Public waters. No person shall throw or deposit litter in any fountain,
pond, wading pool, river, bay or any other body of water in a public
place or elsewhere within the Town.
(6)
Occupied private land. No person shall throw or deposit litter on
any occupied private property within the Town, whether owned by such
person or not, except that the owner or person in control of private
property may maintain authorized refuse or garbage containers for
collection in such a manner that litter will be prevented from being
carried or deposited by the elements upon any street, sidewalk, alley
or other public area or any private property.
(7)
Maintenance of premises. The owner or person in control of any private
property shall at all times maintain the premises free of litter;
provided, however, that this section shall not prohibit the storage
of litter in authorized refuse or garbage containers for collection.
(8)
Vacant lots. No person shall throw or deposit litter on any open
or vacant private property within the Town, whether owned by such
person or not.
(9)
No person shall place litter or rubbish in any privately owned commercial
refuse, dumpster or garbage container not owned by him or her.
B.
Loitering prohibited.
(1)
LOITERING
PUBLIC PLACE
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Remaining idle in essentially one location and shall include
the concept of spending time idly; to be dilatory; to linger; to stay;
to saunter; to delay; to stand around; and shall also include the
colloquial expression "hanging around."
Any place to which the general public has access and a right
to resort for business, entertainment or other lawful purpose. It
shall also include the front or immediate area of any store, shop,
restaurant, tavern or other place of business and also public grounds,
areas or parks.
(2)
Prohibition. It shall be unlawful for any person to
loiter, loaf, wander, stand or remain idle, either alone and/or in
concert with others, in a public place in such a manner so as to:
(a)
Obstruct any public street, public highway, public
sidewalk or any other public place or building by hindering or impeding
or tending to impede the free and uninterrupted passage of vehicles,
traffic or pedestrians.
(b)
Commit in or upon any public street, public highway,
public sidewalk or any other public place or building any act or thing
which is an obstruction or interference to the free and uninterrupted
use of property or with any business lawfully conducted by anyone
in or upon or facing or fronting on any such public street, public
highway, public sidewalk or other place or building, all of which
prevents the free and uninterrupted ingress, egress and regress therein,
thereon and thereto.
(3)
Order to disperse. When any person causes or commits any of the conditions enumerated in Subsection B(2) above, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such order shall be guilty of a violation of this section.
C.
Excessive noise. It shall be unlawful for any person
to operate a light motor vehicle such as to cause excessive noise
levels as a result of a defective or modified exhaust system or as
a result of unnecessary rapid acceleration, deceleration, revving
or tire squeal or as the result of the operation of audio devices
such as but not limited to, radios, phonographs and tape players.
D.
Storage of personalty.
[Added 2-15-2016 by Ord.
No. 2016-003]
(1)
The unsheltered accumulation or storage of wrecked, or partially
dismantled, or otherwise nonoperating or unlicensed motor vehicles,
and of any other vehicles, machinery, implements, equipment, any parts
thereof, and personal property of any kind which is no longer safely
usable for the purposes for which it was manufactured, hereinafter
collectively described as "said personalty," within the Town of Ledgeview
is declared to be a nuisance and/or dangerous to the public health,
safety and well-being.
(2)
The owner, owners, tenants, lessees and occupants of any lot upon
which such accumulation or storage is made, and also the owner, owners,
and lessees of said personalty involved in such storage, all of whom
are hereinafter referred to collectively as "owners," shall jointly
and severally abate the nuisance by promptly moving said personalty
into completely enclosed buildings authorized to be used for such
storage purposes, if the same can be found within the Town, or otherwise
by moving said personalty to a location outside the Town.
(3)
Whenever the owners fail to abate the nuisance, the Town shall move
said personalty to a location of its selection, and the expense therefor
shall be billed to the owners, jointly and severally, which bill shall
be recoverable in a suit at law. When said personalty has been removed
and placed in storage by the Town, said personalty shall be sold by
the Town after the lapse of such time as is provided by § 66.28,
Wis. Stats., or any other applicable provision of law. If the proceeds
of such sale are insufficient to pay the costs of abatement, the owners
shall be jointly and severally liable to the Town for the balance
of the costs to be recoverable in a suit at law. If the proceeds are
in excess of costs, the balance shall be paid to the owners or deposited
with the Town Clerk-Treasurer for their use.
(4)
Any owner who allows the nuisance described in this section to exist,
or fails to abate the nuisance, shall, upon conviction thereof, be
subject to a penalty of not less than $25 nor more than $200 for each
offense, together with the costs of prosecution, and a separate offense
shall be deemed committed on each day during or on which such nuisance
is permitted to exist.
A.
It is unlawful for any person under 17 years of age
to be or remain upon a street or alley or other public place in the
Town between the hours of 10:00 p.m. and 6:00 a.m. unless such person
is accompanied by a parent or guardian or other person having custody
of such minor or unless in performance of duty directed by such parent,
guardian or other person having custody or unless such person is lawfully
employed, making it necessary to be in such place between the said
hours.
B.
It shall be unlawful for anyone having the legal care
and custody of any person as described above to allow or permit such
person to go or be upon any public street, alley or other public place
in the Town in the nighttime as prohibited by this section.
C.
Every member of the police force or officers or employees
in the parks shall detain such minor violating this section, but shall
immediately upon taking custody of the child communicate with the
parent or guardian or to such person as they believe to be proper.
D.
If it shall appear that any child taken into custody for a violation of this section is growing up in mendicancy or vagrancy or is incorrigible for lack of parental care or has no home, proper proceedings shall be taken according to Chapter 48 of the Wisconsin Statutes, which is known as the "Children's Code."
[Added 1-18-2011 by Ord. No. 2011-001]
No person shall make or cause to be made any loud, disturbing
or unnecessary sounds or noises which unreasonably disturb or tend
to unreasonably disturb the peace and quiet of persons in the vicinity.
