A.
Discharge of firearms regulated. No person, except a police officer
or other law enforcement officer in the performance of an official
duty, shall fire or discharge any firearm, rifle, spring gun, air
gun, or pneumatic pellet gun of any description in his possession
or under his control within the City of Brodhead, provided that this
section shall not prevent 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. This section shall not apply to a person's
discharge of a firearm if the person's conduct is justified or, had
it been subject to a criminal penalty, would have been subject to
a defense described in § 939.45, Wis. Stats.
[Amended 12-12-2011; 3-17-2015]
B.
Hunting regulated. Hunting, with any device other than a bow and
arrow or crossbow, within the City is prohibited, but the Chief of
Police may issue written permits to owners or occupants of private
premises to hunt or shoot on such premises if he finds such privileges
necessary for the protection of life or property, and subject to such
safeguards as he may impose for the safety of the lives and property
of other persons within the City. A person may hunt with a bow and
arrow or crossbow within the City, provided that he or she only discharges
the arrow or bolt from the bow or crossbow toward the ground. A person
hunting with a bow and arrow or crossbow may not hunt within 100 yards
from a building located on another person's land, unless the person
who owns the land on which the building is located allows the person
hunting to hunt closer than 100 yards.
[Amended 1-21-2014]
C.
Shooting into City limits. No person shall, in the territory adjacent
to the City, discharge any firearm in such manner that the discharge
shall enter or fall within the City.
D.
Shooting ranges. This section shall not prevent the maintenance and
use of duly supervised rifle or pistol ranges or shooting galleries
approved by the Common Council, upon the recommendation of the Chief
of Police, where proper safety precautions are taken.
E.
Explosive devices. No person shall discharge or detonate any dynamite,
nitroglycerin or other explosive within the City without first obtaining
a permit to do so from the Common Council.
F.
Throwing or shooting of arrows, stones, or other missiles prohibited.
(1)
No person shall throw or shoot any object, arrow, stone, snowball
or other missile or projectile, by hand or by any other means, at
any person or at, in or into any building, street, sidewalk, alley,
highway, park, playground or other public place within the City.
G.
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 gun powder.
A.
Possession, sale, and manufacture of certain weapons prohibited.[1]
(1)
No person shall sell, manufacture, purchase, possess, or carry metallic
knuckles or knuckles of any substance which could not 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 any other substance and worn on the
hand, 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 City of Brodhead.
(2)
NUNCHUCK or NUNCHAKU
SUCBAI
For the purpose of this section, the following definitions apply:
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.
[1]
Editor's Note: Original § 11-2-2(a), Concealed weapons prohibited, (b), Concealed weapons in public establishments, and (c), Specific concealed weapons prohibited, of the 1997 Code, which immediately preceded this subsection, were repealed 12-12-2011. For current provisions on concealed weapons, see Art. IV, Concealed Weapons.
B.
Reckless use of weapons.
(1)
Acts prohibited.
(a)
No person shall endanger another's safety by reckless conduct
in the operation or handling of a firearm, air gun, knife or bow and
arrow.
(b)
No person shall operate or go armed with a firearm, air gun,
knife or bow and arrow while he is under the influence of an intoxicant.
(c)
No person shall intentionally point a firearm, air gun, knife
or bow and arrow at or toward another person.
(2)
"Reckless conduct" defined. "Reckless conduct" consists of an act
which creates a situation of unreasonable risk and high probability
of death or great bodily harm to another and which demonstrates a
conscious disregard for the safety of another and a willingness to
take chances of perpetrating an injury.
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
ROADWAY
UNLOADED
VEHICLE
Definitions. In this section, the following terms shall have the
meanings indicated:
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 a handgun, as defined in § 175.60(1)(bm), Wis. Stats., unless the firearm is unloaded, or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
[Amended 12-12-2011]
(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 a handgun, as defined in § 175.60(1)(bm), Wis. Stats., unless the firearm is unloaded and encased, or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
[Amended 12-12-2011]
(3)
Except as provided in Subsection C, no person may load a firearm, other than a handgun, as defined in § 175.60(1)(bm), Wis. Stats., in a vehicle or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
[Amended 12-12-2011]
C.
Exceptions.
(1)
Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
(2)
Subsection B(1), (2) and (3) does not apply to the holder of a scientific research license under § 169.25, Wis. Stats., or a scientific collector permit under § 29.614, Wis. Stats., who is using a net gun or tranquilizer gun in an activity related to the purpose for which the license or permit was issued.
[Amended 12-12-2011]
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 City, unless he shall be authorized by a fireworks permit as provided in Chapter 256, Fireworks, of the Code of the City of Brodhead. 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 City of Brodhead in such a manner
as to:
(1)
Prevent or obstruct the free passage of pedestrian or vehicular traffic
thereon;
(2)
Prevent or hinder free ingress or egress to or from any place of
business or amusement, church, public hall or meeting place; or
(3)
Cause a nuisance by congregating and hindering the free passage of
pedestrian or vehicular traffic.
B.
Obstructing sidewalk prohibited. No person shall block any sidewalk
or bridge by obstructing the same so that it is impossible for a pedestrian
to travel along the sidewalk without leaving the sidewalk and walking
on adjacent property or on the street.
C.
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the City of Brodhead.
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 City. 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.
[Amended 7-13-2009]
A.
Loitering and prowling.
(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 actor takes flight upon appearance
of a police or peace officer, refuses to identify himself or manifestly
endeavors to conceal himself or any object. Unless flight by the actor
or other circumstances makes it impracticable, a peace officer shall,
prior to any arrest for an offense under this section, afford the
actor an opportunity to dispel any alarm which would otherwise be
warranted by requesting him to identify himself and explain his presence
and conduct. No person shall be convicted of an offense under this
section if the police or peace officer did not comply with the preceding
sentence, or if it appears at trial that the explanation given by
the actor was true and, if believed by the police or peace officer
at the time, would have dispelled the alarm.
(2)
For purposes of Subsection A, loitering includes, but is not limited to, the following:
(a)
Dwelling areas. 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.
(b)
Public restrooms. 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 or any unlawful act.
(c)
Schools. 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.
(d)
Buildings. No person shall loiter 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.
(e)
Restaurants, taverns, convenience stores, filling stations,
public buildings. No person shall loiter in or about a restaurant,
tavern, convenience store, filling station or other public building.
As used in this subsection, "loiter" means to, without just cause,
remain in a restaurant, tavern, convenience store, filling station
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, or where "no loitering" signs
are posted.
(f)
Parking lots. No person shall loiter in or upon any public parking
lot or structure, either on foot or in or upon any conveyance being
driven or parked thereon, without the permission of the owner or person
entitled to possession or in control thereof.
(g)
Private or public residential property. No person shall loiter
in or on private or public residential property in residential neighborhoods.
As used in this subsection, "loiter" means to, without just cause,
linger, remain in or on private or public residential property, 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, or where "no loitering" signs are posted.
(3)
LOITER
PROWL
Definitions. As used in this section, the following terms have the
following meanings, unless the context clearly indicates that a different
meaning is intended:
To delay, to linger or to idle in or about without a lawful
purpose for being present.
To loiter about, to rove over, through, or about in a stealthy
manner and without a lawful purpose.
B.
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.
C.
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 sworn police 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 section, had, within the knowledge of the sworn
police officer, been convicted in any municipal court or a court of
any state 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.
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 City 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 of any radio receiving set, musical
instrument, phonograph or other machine or device for the producing
or reproducing of sound in a loud and unnecessary manner. The operation
of any set, instrument, phonograph, machine or device between the
hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible
at the property line of the building, structure or vehicle in which
it is located shall be prima facie evidence of a violation of this
subsection.
(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)
Steam whistles. The blowing of any steam whistle attached to any
stationary boiler except to give notice of the time to begin or stop
work or as a warning of fire or danger or upon request of proper City
authorities.
(6)
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.
(7)
Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building, as well as the operation
of any piledriver, 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.
(8)
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, church 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 City while engaged in necessary public business.
(b)
Excavations or repairs of streets or other public construction
by or on behalf of the City, applicable county, or state at night
when public welfare and convenience renders it impossible to perform
such work during the day.[1]
(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 City of Brodhead 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 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 City of Brodhead
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.
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 City, or upon any private
property in open view of the public, or in the halls, rooms without
restroom facilities, stairways or elevators of public or commercial
buildings.[1]
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or other disciplinary
procedures excluding him from attending any school located within
the City 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 its designee;
(b)
Any person transporting a student and who utilizes the driveway
specified for loading and unloading personnel;
(c)
Any person utilizing a designated area for attending an athletic
or other organized school event.
B.
Disorderly conduct on public school property.
(1)
No person shall, on any school property or building, engage in violent,
abusive, loud or otherwise disorderly conduct which causes or provokes
an immediate disturbance of public order or disturbs or annoys any
other person, nor shall a person intentionally engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
(2)
Nonstudents, students from schools other than the school on the property
or students from a school who are not in compliance with the school
system's published rules and regulations shall be considered in violation
of this section. The published rules and regulations of the school
system are incorporated as if fully set forth herein.
(3)
All entrances to the school buildings referred to in Subsection A shall be posted with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."
(4)
"Unauthorized presence" shall include any vehicle that is found on
school property which has not received permission to be there. If
the occupants or owners are not on school property for some legitimate
business or activity or are parked in an area that regulates parking
to certain authorized vehicles, they are in violation. Such vehicle
may be issued a City 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 City of Brodhead
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 City of Brodhead.
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 duty,
or to in any way interfere with or hinder or prevent him from discharging
his duty as such officer or assistant, or to offer or endeavor to
do so, or 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 official capacity in carrying
out his duties.
C.
Obstructing a police officer. It shall be unlawful for any person
to obstruct a police officer, while such police officer is doing any
act in an official capacity and with lawful authority, or member of
the Police Department or any person called to assist such officer.
In this subsection "obstructs" includes, without limitation, knowingly
giving false information to the police officer or member of the Police
Department or any person called to assist such officer or knowingly
placing physical evidence with intent to mislead the police officer
or Police Department member or person called to assist in the performance
of his or her duty, including the service of any summons or civil
process.[1]
[1]
Editor's Note: Original § 11-2-11, Possession of
marijuana, of the 1997 Code, which immediately followed this subsection,
was repealed 4-16-2012.
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 this Code:
(1)
Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent;
(2)
Makes a telephone call, whether or not conversation ensues, with
the intent to abuse, threaten or harass any person at the called number
or numbers;
(3)
Makes or causes the telephone of another repeatedly or continuously
to ring, with intent to harass any person at the called number or
numbers;
(4)
Makes repeated telephone calls, during which conversation ensues,
solely to harass any person at the called number or numbers;
(5)
Knowingly permits any telephone under his control to be used for
any purpose prohibited by this section;
(6)
In conspiracy or concerted action with other persons, makes repeated
calls or simultaneous calls solely to harass any person at the called
number or numbers.
No person shall have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fenced in such manner as to prevent injury to any person,
and any cover shall be of a design, size and weight that the same
cannot be removed by small children.
