A.
Discharge of firearms regulated. 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 East Troy, provided that this subsection shall not
prevent the firing or discharging of BB guns upon private premises
by persons over 16 years of age or under direct supervision of a parent
or guardian.[1]
B.
Hunting prohibited. Hunting within the Village of East Troy is prohibited, except hunting may be permitted with bows and arrows and crossbows subject to the provisions of Subsection F of this section.
[Amended 9-22-2014 by Ord. No. 2014-01]
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 East Troy.
D.
Shooting ranges. This section shall not prevent the maintenance and
use of duly supervised rifle or pistol ranges or shooting galleries
approved by the Village Board, upon the recommendation of the Chief
of Police, where proper safety precautions are taken.
E.
Explosive devices. No person shall discharge or detonate any dynamite,
nitroglycerin or other explosive within the Village without first
obtaining a permit to do so from the Village Board.
F.
Throwing or shooting of arrows, stones or other missiles.
[Amended 9-22-2014 by Ord. No. 2014-01]
(1)
It shall be unlawful for any person to discharge or cause the discharge
of any dangerous missile from any slingshot or other means, other
than a bow and arrow or crossbow, within 50 yards of any inhabited
dwelling or building or any public park, square or enclosure.
(2)
It shall be unlawful for any person to discharge or cause the discharge
of a bow and arrow or crossbow within 50 yards of another person's
building or any public park, square or enclosure unless the person
who owns the land on which the building is located gives permission
to do so.
(3)
Any person discharging the arrow or bolt from a bow or crossbow,
respectively, must discharge the respective weapon toward the ground.
G.
Definitions. For purposes of this section, "firearm" is defined as
any instrumentality from or with which a shot, bullet or pellet may
be discharged or expelled, regardless of whether the propelling force
is provided by the air, spring or other similar mechanical device
or gunpowder.
A.
Concealed weapons prohibited.
(1)
Prohibition. No person shall, within the Village of East Troy, wear
or in any manner carry under his/her clothes, or conceal upon or about
his/her person, any deadly or dangerous weapon, provided that this
subsection shall not apply to a peace officer or such persons as may
be authorized to carry such weapons in accordance with §§ 941.23,
941.235 and 941.237, Wis. Stats.[1]
(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 his or her duties,
shall carry or wear, concealed about his/her person, any pistol, revolver,
firearm, slingshot, cross-knuckle 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 East Troy Police Department. If
the weapon is owned by a person convicted under this subsection, it
may be confiscated by the East Troy 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 East Troy 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 East Troy.
(2)
CHURKIN
NUMCHUK or NUNCHAKU
SUCBAI
For the purpose of this Subsection D, the following definitions apply:
A round throwing knife consisting of several 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 towards 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.[2]
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 273, 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 East Troy, 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 apparent 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 East Troy.
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 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 a location 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 a public building at such
times that the same shall be closed for the usual and normal business
conducted 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 subsection, 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 officer 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
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:[1]
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.
F.
KNOWN PROSTITUTE OR PANDERER
PUBLIC PLACE
Soliciting. No person shall loiter in or near any thoroughfare or
public place 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 are that such person
is a known prostitute or panderer or that such person repeatedly beckons
to stop or attempts to stop or engage a male or female passerby in
conversation or repeatedly stops or attempts to stop motor vehicle
operators by hailing, waving of arms or any other bodily gestures.
The violator's conduct must be such as to demonstrate a specific
intent to induce, entice, solicit or procure 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 person
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 following meanings:[2]
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.
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 cause to be used or operated, any
mechanical device, machine, apparatus or instrument for intensification
or amplification of the human voice or any sound or noise in any public
or private place, in such manner that the peace and good order of
the neighborhood are disturbed or that persons owning, using or occupying
property in the neighborhood are disturbed or annoyed.
B.
Types of loud and unnecessary noises. The following acts are declared
to be loud, disturbing and unnecessary noises in violation of this
section, but this enumeration shall not be deemed to be exclusive:
(1)
Horns and signaling devices. 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 minutes or less, except as a danger warning; the creation
of any unreasonably loud or harsh sound by means of any signaling
device and the sounding of any plainly audible device for an unnecessary
and unreasonable period of time; the use of any signaling device,
except one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any signaling
device when traffic is for any reason held up.
(2)
Radios, phonographs and 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 subsection.
(3)
Loudspeakers and amplifiers for advertising. The using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising or attracting attention of the public to any building
or structure. Announcements over loudspeakers can only be made by
the announcer in person and without the aid of any mechanical device.
(4)
Animals and birds. The keeping of any animal or bird which causes
frequent or long continued unnecessary noise.
(5)
Steam whistles. The blowing of any steam whistle attached to any
stationary boiler, except to give notice of the time to begin or stop
work, or as a warning of fire or danger, or upon request of proper
Village authorities.
(6)
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motorboat, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(7)
Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building, as well as the operation
of any pile driver, steam shovel, pneumatic hammer, derrick, steam
or electric hoist, or any other similar equipment attended by loud
or unusual noise, other than between the hours of 7:00 a.m. and 10:00
p.m. on weekdays; provided, however, that the Chief of Police shall
have the authority, upon determining that the loss or inconvenience
which would result to any party in interest would be extraordinary
and of such nature as to warrant special consideration, to grant a
permit for a period necessary within which time such work and operation
may take place within the hours of 10:00 p.m. to 7:00 a.m.
(8)
Schools, courts, churches and hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court, while in use, or adjacent to any hospital which unreasonably
interferes with the normal operation of that institution, or which
disturbs or unduly annoys patients in the hospital, provided that
conspicuous signs are displayed in those streets indicating a school,
hospital or court street. No person, while on public or private grounds
adjacent to any building, or while within any building in which a
school or any class thereof is in session, shall willfully make or
assist in the making of any noise or diversion which disturbs or tends
to disturb the peace or good order and operation of such school session
or class thereof.
C.
Exceptions. The provisions of this section shall not apply to:
(1)
Any vehicle of the Village while engaged in necessary public business.
(2)
Excavations or repairs of streets or other public construction by
or on behalf of the Village, county or state at night, when public
welfare and convenience render it impossible to perform such work
during the day.
(3)
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in nature.
(4)
Public events for which special event permits have been approved.
D.
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 East Troy is prohibited
unless the party desiring to use such loudspeaker or amplifying device
first obtains a special event permit.
(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 hour 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 East
Troy shall:
(1)
In any public or private place engage in violent, noisy, riotous,
abusive, indecent, profane, boisterous, unreasonably loud, or otherwise
disorderly conduct which tends to cause or provoke an immediate disturbance
of public order or tends to annoy or disturb any other person.
(2)
Intentionally cause, provoke or engage in any fight, brawl, riot
or noisy altercation.
(3)
Indecently expose his or her person.
(4)
Be in any business or private structure, private vehicle or upon
any private grounds without the consent of the owner.
B.
Defecating or urinating in public places. It shall be unlawful for
any person to defecate or urinate outside of designed sanitary facilities,
upon any sidewalk, street, alley, public parking lot, park, playground,
cemetery or other public areas within the Village or upon any private
property in open view of the public, or in the halls, rooms without
rest room facilities, stairways or elevators of public or commercial
buildings.
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or other disciplinary
procedures excluding him/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 refuse to leave upon request by the school principal, or any person acting under the direction of the school principal, in addition to violation of 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.
(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.
B.
Disorderly conduct on public school property. 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.
C.
Violators. 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.
D.
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 East
Troy, or upon any School District grounds, or within adjacent posted
school zones on any day when such schools are in session.
E.
Possession of intoxicating liquor and fermented malt beverages. No
person shall possess intoxicating liquor or fermented malt beverages
while on any school property.
F.
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 school building
or school grounds, which is offensive to the public morals or decency
of the citizens of the Village of East Troy.[1]
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/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 as Schedule I and II,[1] 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 of Ordinances.
[1]
Editor's Note: See §§ 961.14 and 961.16, Wis.
Stats.
B.
Possession of marijuana.[2]
(1)
No person shall possess marijuana, as defined in § 961.01(14),
Wis. Stats., unless it was obtained directly from, or pursuant to,
a valid prescription or order of a practitioner while acting in the
course of his/her professional practice, or except as otherwise authorized
by Ch. 961, Wis. Stats. If a complaint is issued regarding an allegation
of possession of more than 25 grams of marijuana, or possession of
any amount of marijuana following a conviction in this state for possession
of marijuana, the subject of the complaint may not be prosecuted under
this subsection for the same action that is the subject of the complaint
unless the charges are dismissed or the District Attorney declines
to prosecute the case.
(2)
For purposes of this section, "practitioner" means:
(a)
A physician, advanced practice nurse, dentist, veterinarian,
podiatrist, optometrist, scientific investigator or, subject to § 448.21(3),
Wis. Stats., a physician assistant, or other person licensed, registered,
certified or otherwise permitted to distribute, dispense, conduct
research with respect to, administer or use in teaching or chemical
analysis a controlled substance in the course of professional practice
or research in this state.
(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 this state.
(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.
The possession of a controlled substance specified in § 961.14(4)(tb),
Wis. Stats., is prohibited. If a complaint is issued regarding an
allegation of possession of a controlled substance specified in § 961.14(4)(tb),
Wis. Stats., following a conviction in this state for possession of
a controlled substance, the subject of the complaint may not be prosecuted
under this section for the same action that is the subject of the
complaint unless the charges are dismissed or the District Attorney
declines to prosecute the case.
The provisions of §§ 961.571, 961.572, 961.573,
961.574, 961.575 and 961.576, Wis. Stats., and the definitions therein
are adopted by reference.
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 § 1-4 of this Code:[1]
(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 police officer of the Village may seize anything devised
solely for gambling or found in actual use for gambling within the
Village and dispose thereof after a judicial determination that such
device was used solely for gambling or found in actual use for gambling.
A.
AMBULANCE
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
EMERGENCY MEDICAL TECHNICIAN
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 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.
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/her 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.
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.
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 East Troy, in its adoption of this provision, to protect against the following 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 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.
(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.
Purpose and intent.
(1)
The Village finds and declares that sex offenders are a serious threat
to public safety. When convicted sex offenders reenter society, they
are much more likely than any other type of offender to be rearrested
for a new rape or sexual assault. Given the high rate of recidivism
for sex offenders and that reducing opportunity and temptation is
important to minimizing the risk of reoffense, there is a need to
protect children where they congregate or play in public places in
addition to the protections afforded by state law near schools and
day-care centers. The Village finds and declares that, in addition
to schools and day-care centers, children congregate or play in a
number of public places, including public parks and other facilities
for children.
(2)
This section is a regulatory measure aimed at protecting the health
and safety of children in East Troy from the risk that convicted sex
offenders may reoffend in locations close to their residences. It
is the intent of this section not to impose a criminal penalty but
rather to serve the Village's compelling interest to promote,
protect, and improve the health, safety, and welfare of the citizens
of the Village by creating areas around locations where children regularly
congregate in concentrated numbers wherein certain sexual offenders
and sexual predators are prohibited from establishing temporary or
permanent residence and by creating child safety zones where children
regularly congregate in concentrated numbers wherein access by certain
sexual offenders and sexual predators to such zones shall be restricted
or excluded.
B.
CHILD
[1]FACILITY FOR CHILDREN
OFFENDER
(1)
(2)
(3)
PERMANENT RESIDENCE
SEXUALLY VIOLENT OFFENSE
TEMPORARY RESIDENCE
(1)
(2)
Definitions. As used in this section and unless the context otherwise
requires, the following terms shall have the meanings indicated:
A person under the age of 18 years.
[Added 12-21-2015 by Ord.
No. 2015-10]
A public or private school, a group home, as defined in § 48.02(7),
Wis. Stats., a residential care center for children and youth, as
defined in § 48.02(15d), Wis. Stats., a shelter care facility,
as defined in § 48.02(17), Wis. Stats., a foster home, as
defined in § 48.02(6), Wis. Stats., a place which provides
special treatment or care as defined in § 48.02(17m), Wis.
Stats., a day-care center licensed under § 48.65, Wis. Stats.,
a day-care program established under § 120.13(14), Wis.
Stats., a day-care provider certified under § 48.651, Wis.
Stats., or a youth center, as defined in § 961.01(22), Wis.
Stats.
[Amended 6-15-2015 by Ord. No. 2015-02]
[Amended 12-21-2015 by Ord. No. 2015-10]
Any person who is required to register under § 301.45,
Wis. Stats., for any offense against a child or any person who is
required to register under § 301.45, Wis. Stats., and who
is subject to the special bulletin notification process set forth
in § 301.46(2) and (2m), Wis. Stats.
Any person subject to the sex crimes commitment provisions of
§ 975.06, Wis. Stats.
Any person found not guilty by reason of disease or mental defect
placed on lifetime supervision under § 971.17(1j), Wis.
Stats.
A place where the person sleeps, abides, lodges, or resides
for 14 or more consecutive days.
As set forth in § 980.01(6), Wis. Stats., as amended
from time to time.
Residence or premises meeting either of the following criteria:
A place where the person sleeps, abides, lodges, or resides
for a period of 14 or more days in the aggregate during any calendar
year and which is not that person's permanent residence as defined
in this section; or
A place where the person routinely sleeps, abides, lodges, or
resides for a period of four or more consecutive or nonconsecutive
days in any month and which is not that person's permanent residence
as defined in this section.
[1]
Editor’s Note: The former definition of “crime
against children,” which immediately preceded this definition,
was repealed 12-21-2015 by Ord. No. 2015-10.
C.
Residency restrictions.
(1)
An offender shall not reside within 1,500 feet of real property that
supports or upon which there exists any of the following uses:
(a)
Any facility for children;
(b)
A public park, parkway, parkland or park facility;
(c)
A public swimming pool;
(d)
A public library;
(e)
A recreational trail;
(f)
A public playground;
(g)
A school for children;
(h)
Athletic fields used by children;
(i)
A day-care center;
(j)
Any specialized school for children, including but not limited
to a gymnastics academy, dance academy or music school; or
(k)
Aquatic facilities open to the public.
(2)
Measurement of distance. The distance shall be measured from the closest boundary line of the real property supporting the residence of an offender to the closest boundary line of the real property that supports or upon which there exists any of the uses enumerated in Subsection C(1) above.
(3)
Residency restriction exceptions. An offender residing within 1,500 feet of real property that supports or upon which there exists any of the uses enumerated in Subsection C(1) above does not commit a violation of this section if any of the following apply:
(a)
The offender is required to serve a sentence at a jail, prison,
juvenile facility, or other correctional institution or facility.
(b)
The offender has established a permanent or temporary residence
and reported and registered that residence pursuant to § 301.45,
Wis. Stats., prior to the effective date of this section.
(c)
The use enumerated in Subsection C(1) above began after the offender established a permanent or temporary residence and reported and registered that residence pursuant to § 301.45, Wis. Stats.
(d)
The offender is a minor or ward under guardianship.
D.
Child safety zones.
(1)
No offender shall enter or be present upon any real property that
supports or upon which there exists any facility used for or that
supports any one or more of the following uses:
(a)
A public park, parkway, parkland or park facility;
(b)
A public swimming pool;
(c)
A public library;
(d)
A recreational trail;
(e)
A public playground;
(f)
A school for children;
(g)
Athletic fields used by children;
(h)
A day-care center;
(i)
Any specialized school for children, including but not limited
to a gymnastics academy, dance academy or music school;
(j)
Aquatic facilities open to the public; or
(k)
Any facility for children.
(2)
Child safety zone exceptions. An offender does not commit a violation of Subsection D(1) above and may be allowed on the property used for or supporting a use enumerated in Subsection D(1) above if any of the following apply:
(a)
The property used for or supporting a use enumerated in Subsection D(1) above also supports a church, synagogue, mosque, temple or other house of religious worship (collectively "church"), subject to all of the following conditions:
[1]
The offender's entrance and presence upon the property
occurs only during hours of worship or other religious program/service
as posted to the public;
[2]
The offender sends advance written notice to an individual designated
by the church to be in charge and receives advance approval from that
individual allowing the offender's attendance; and
[3]
The offender shall not participate in any religious education
programs which include individuals under the age of 18.
(b)
The property used for or supporting a use enumerated in Subsection D(1) above also supports a use lawfully attended by an offender's natural or adopted child, which child's use reasonably requires the attendance of the offender as the child's parent upon the property, subject to all of the following conditions:
[1]
The offender's entrance and presence by the offender upon
the property occur only during hours of activity related to the use
as posted to the public; and
[2]
The offender sends advance written notice to an individual designated
by the property owner to be in charge of the property's enumerated
use and receives advance approval from that individual allowing the
offender's attendance.
(c)
The property used for or supporting a use enumerated in Subsection D(1) above also supports a polling location in a local, state or federal election, subject to all of the following conditions:
[1]
The offender is eligible to vote;
[2]
The designated polling place for the person is an enumerated
use; and
[3]
The offender enters the polling place, proceeds to cast a ballot
with whatever usual and customary assistance is provided to any member
of the electorate, and vacates the property immediately after voting.
(d)
The property used for or supporting a use enumerated in Subsection D(1) above also supports an elementary or secondary school lawfully attended by an offender as a student, subject to the condition that the offender may only enter upon the property supporting the school at which the person is enrolled for such purposes and at such times as are reasonably required for the educational purposes of the school.
E.
Property owners prohibited from renting real property and penalties.
(1)
It is unlawful to let or to rent any place, structure or part thereof,
trailer or other conveyance with the knowledge that it will be used
as a permanent residence or as a temporary residence by any person
prohibited from establishing such permanent residence or temporary
residence pursuant to this section, if such place, structure or part
thereof, trailer or other conveyance is located within a prohibited
location zone/child safety zone as described herein.
(2)
A property owner's failure to comply with the provisions of
this section shall constitute a violation of this section and shall
subject the property owner to the enforcement provisions as provided
herein.
F.
Penalties and remedies.
(1)
Forfeitures. Any person found guilty of violating this section shall be subject to a forfeiture as provided in § 1-4 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. Neither the issuance of a citation nor the imposition of a forfeiture hereunder shall preclude the Village from seeking or obtaining any or all other legal and equitable remedies to prevent or remove a violation of this section.
(2)
Injunction.
(a)
Violation of residency restrictions. If an offender establishes a permanent or temporary residence in violation of Subsection C above, the Chief of Police may refer the matter to the Village Attorney. The referral shall include a written determination by the Chief of Police that, upon all of the facts and circumstances and the purpose and intent of this section, such violation interferes substantially with the comfortable enjoyment of life, health, safety of another or others. Upon such referral, the Village Attorney shall bring an action in the name of the Village in Circuit Court to permanently enjoin such residency as a public nuisance.
(b)
Violation of child safety zones. If an offender violates Subsection D(1) above more than once in any twelve-month period, the Chief of Police may refer the matter to the Village Attorney. The referral shall include a written determination by the Chief of Police that, upon all of the facts and circumstances and the purpose and intent of this section, such violations interfere substantially with the comfortable enjoyment of life, health, safety of another or others. Upon such referral, the Village Attorney shall bring an action in the name of the Village in Circuit Court to permanently enjoin such violations as a public nuisance.
