A.
Off-road operation of vehicles.
[Amended by Ord. No. 02-04]
(1)
It shall be unlawful for any person to operate any type of vehicle
powered by an internal combustion engine or battery-powered motor
while in any of the following places without first obtaining the written
permission or authorization hereinafter required:
(a)
On any property owned by the City of Watertown, except public rights-of-way
and municipal parking lots, unless such operation is specifically
permitted by written order of the Mayor or his designated representative,
or unless such property is specifically posted for such operation.
(b)
On any property owned by a school district or any public school grounds
or campus, except public rights-of-way and designated parking lots
when used for that purpose, unless such operation is specifically
permitted by written order of the district superintendent of schools
or his designated representative.
(c)
On any private property, except private parking lots open to the
public, unless by specific written order of the owner or designated
representative of the owner of such property to the individual operating
the vehicle.
(2)
All written orders specified herein must be in the possession of
the person operating a vehicle in prohibited areas during the time
of such operation.
B.
Driving or walking upon barricaded areas. No person shall walk, ride
or drive upon, over or across any sidewalk, bridge, pavement or other
surface while it is barricaded by a traffic control device as defined
below, which is so placed as to indicate that the sidewalk, bridge,
pavement or other surface is closed to traffic.
[Amended by Ord. No. 99-43]
(1)
Traffic control devices shall be placed only by the authority of
the City of Watertown. The following traffic control devices shall
be deemed appropriate for use within the City of Watertown:
[Amended by Ord. No. 12-22]
(a)
Traffic drums. Traffic drums shall be a minimum of 36 inches
in height and a minimum of 18 inches in diameter. The markings on
the drums shall be horizontal, circumferential, orange-and-white reflectorized
stripes four to eight inches wide.
(b)
Type I, II and III barricades. Type I, II and III barricades
shall comply with the definitions as set forth at Section 6F.5(f)
of the United States Department of Labor Manual on Uniform Traffic
Control Devices, and any subsequent amendments to the same.
(c)
Cones. Cones shall be a minimum of 18 inches high, of orange
color.
(d)
Reflective safety tape. Any reflective safety tape stretched
between traffic control drums or Type I, II or III barricades.
(e)
Orange plastic fencing at a minimum of four feet high stretched
between traffic control drums or Type I, II or III barricades.
(2)
The Chief of Police, upon written application from any public or
private school, may grant written permission to the school to erect
temporary street barricades on those public streets adjacent to school
playground areas during such regular times when children are present
outside of the school building. The written permission shall specify
the portions of streets to be barricaded, the hours during which barricades
may be erected, and the type of barricade to be used.
(4)
No person shall remove, take down, change the position of, deface or otherwise damage any traffic control device listed in Subsection B(1) above or any light which has been placed by an authorized City official for the warning, instruction or information of the public, surrounding or protecting any material, work or improvement on any street, sidewalk, alley, bridge or public ground or any holes cut through the ice within the City.
(5)
(6)
Public recording. Any member of the public who observes a violation of this Subsection B may prepare a written report indicating that a violation has occurred.
(a)
If possible, the report shall contain the following information:
(b)
Within 24 hours after observing the violation, a member of the
public may deliver a report containing all of the information contained
hereinabove to an officer of the City of Watertown.
(c)
Within 48 hours after receiving a report containing all of the
information contained herein, the officer shall investigate the violation
and may prepare a municipal traffic violation within 72 hours after
receiving such report and may personally serve it upon the owner of
the vehicle. If with reasonable diligence the owner cannot be served
under this subsection, service may be made by leaving a copy of the
citation at the owner's usual place of abode within this state in
the presence of a competent member of his or her family at least 14
years of age, who shall be informed of the contents thereof. Service
under this subsection may be made by any traffic officer employed
by the City and shall be performed within 72 hours after a report
containing all of the information set forth hereinabove was delivered
to a traffic officer under this subsection. If with reasonable diligence
the owner cannot be served as set forth herein, or if the owner lives
outside of the City of Watertown, service may be made by certified
mail addressed to the owner's last known address within 72 hours after
a report containing the information set forth hereinabove was delivered
to a traffic officer.
(d)
Defenses to the imposition of liability under this Subsection B include:
[1]
That a report that the vehicle was stolen was given to a traffic
officer before the violation occurred or within a reasonable time
after the violation occurred.
[2]
If the owner of the vehicle provides a traffic officer employed
by the City issuing the citation with the name and address of the
person operating the vehicle or having the vehicle under his or her
control at the time of the violation and sufficient information for
the officer to determine that probable cause does not exist to believe
that the owner of the vehicle was operating the vehicle at the time
or having the vehicle under his or her control at the time of the
violation.
[3]
If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the possession of a lessee, and the lessor provides a traffic officer employed by the City of Watertown with the information required under § 343.46(3), Wis. Stats., then the lessee and not the lessor shall be liable under this Subsection B.
[4]
If the vehicle is owned by a dealer, as defined in § 340.01(11), Wis. Stats., but including the persons specified in § 340.01(11)(a) to (d), Wis. Stats., and at the time of the violation the vehicle was being operated by or was under the control of any person on a trial run, and if the dealer provides a traffic officer employed by the City of Watertown with the name, address and operator's license number of the person operating the vehicle, then that person, and not the dealer, shall be liable under this Subsection B.
C.
Motorized vehicles prohibited on sidewalks.
[Added by Ord. No. 02-17]
(1)
Definitions.
(a)
"Motorized vehicle" shall mean a vehicle which is used for the
transportation of persons and/or property, including but not limited
to the following, irrespective of size, weight, number of wheels,
and whether or not having a seat: moped, motor bicycle, motorbus,
motorcycle, motor home, motor truck, motor vehicle, snowmobile, and
all-terrain vehicle, and also means motorized skates, motorized scooter
and motorized skateboards. Motorized wheelchairs and similar medical
assisting devices are specifically excluded from this definition.
(b)
All other words and phrases shall be given their meaning provided
in the Wisconsin Statutes.
(2)
It shall be unlawful for any person to:
(a)
Operate a motorized vehicle on a public sidewalk, except for
crossing a sidewalk to reach an area where operation is lawful. This
prohibition does not apply to motorized vehicles used for construction
or maintenance purposes or used to access the site of construction
or maintenance work.
(b)
Operate any type of motorized skates, motorized scooter or motorized
skateboard, whether gas- or electric-powered, on a public street or
highway.
D.
Prevent deposits on public roadways. No person, in person or by his
agent, employee or servant, shall:
(1)
Use any vehicle to haul any kind of rubbish, waste articles or solid
or liquid substance upon any public roadways unless such vehicle is
covered at all times to prevent any part of its load from spilling
or dropping while in motion.
E.
Cruising prohibited on Main Street.
[Added by Ord. No. 92-58]
(1)
Findings and purpose. It is hereby found that a threat to the public health, safety and welfare arises from the congestion created by the repetitive unnecessary driving of motor vehicles, also known as cruising, at certain times on certain highways within the City of Watertown. The purpose of this Subsection E is to reduce the dangerous traffic congestion, as well as the noise, air pollution, obstruction of streets, sidewalks and parking lots, impediment of access to shopping centers or other buildings open to the public, and interference with use of property or conduct of business resulting from cruising, and to ensure access for emergency vehicles to and through said highways.
(2)
CRUISING
DESIGNATED AREA
TRAFFIC CONTROL POINT
Definitions. As used in this Subsection E, the following terms shall have the meanings indicated:
Driving a motor vehicle past a traffic control point on a
highway in the designated area four or more times in the same direction
of travel in any two-hour period between the hours of 6:00 p.m. and
5:00 a.m.
Main Street between the intersection of College Avenue and
the intersection of Church Street in the City of Watertown, Wisconsin.
A reference point within or adjacent to a designated area selected by a police officer for the purpose of enforcing this Subsection E.
(3)
Cruising prohibited. It shall be unlawful for anyone to engage in cruising in the designated area. For the purposes of this Subsection E, the person having control or ownership of a motor vehicle shall be considered the person cruising, without regard as to whether that person was actually driving the motor vehicle each time it passed the traffic control point. Having control or ownership of a motor vehicle shall mean either the owner of said vehicle, if present in the vehicle at the time of the violation or, if the owner is not present, the person operating the vehicle at the time of violation.
(4)
Exclusions. This Subsection E shall not apply to:
(a)
Any publicly owned vehicle of any city, county, state, federal
or other governmental unit while such vehicle is being used for the
official purposes of said governmental unit.
(b)
Any authorized emergency vehicle.
(c)
Any taxicabs for hire, buses or other vehicles being driven
for business purposes.
F.
Racetracks. No person shall cause to be operated or assist in the
operation of any racetrack. "Racetrack" means any area in the City
where any midget auto, motorcycle, stock car, go-cart or other type
of vehicle powered by an internal combustion engine is operated in
competition with one or more other such vehicles on the basis of speed,
endurance or otherwise.
A.
Firearms prohibited in municipal buildings.
[Amended by Ord. No. 11-26]
(1)
FIREARM
LAW ENFORCEMENT OFFICER
WEAPON
Definitions. As used in this Subsection A, the following terms shall have the meanings indicated:
A weapon or any instrument used in the propulsion of a bullet,
shot, slug or other projectile by the force or action of gunpowder
exploded or burned in it.
Any person employed by the State of Wisconsin or any political
subdivision of this state for the purpose of detecting and preventing
crime and enforcing laws or ordinances and who is authorized to make
arrests for violations of the laws or ordinances he or she is employed
to enforce.
A handgun; an electric weapon, as defined in § 941.295(1c)(a),
Wis. Stats.; a knife with a blade longer than six inches, other than
a switchblade knife as defined in § 941.24, Wis. Stats.;
or a billy club.
(2)
In addition to the provisions of § 175.60, Wis. Stats.,
enumerating places where the carrying of a weapon or a firearm is
prohibited, including exceptions thereto, it shall be unlawful for
any person other than a law enforcement officer to enter the following
City of Watertown municipal buildings while carrying a weapon or a
firearm:
(a)
Watertown Municipal Building.
(b)
Watertown Fire Station.
(c)
Watertown Police Department.
(d)
Watertown Public Library.
(e)
Watertown Senior Citizen Center/Park Department Offices.
(f)
Watertown Public Health Department.
(g)
Watertown Public Works Facility.
(h)
Watertown Water Department Buildings.
(i)
Watertown Wastewater Treatment Plant.
(j)
Watertown City Attorney's Office.
(k)
All City of Watertown well/pump stations.
(l)
Watertown Aquatic Center at Riverside Park.
(m)
Riverside Park Pavilion.
(n)
Watertown Park Maintenance Shop.
(o)
All polling stations on official election days, including the
polling station at Marquardt Memorial Manor.
(3)
Signs meeting the requirements of § 943.13(2)(bm)(1), Wis.
Stats., shall be posted in prominent places near all entrances of
such buildings regarding such restrictions.
(4)
Exceptions. The following City of Watertown municipal buildings shall
not be subject to the prohibition against carrying a weapon or a firearm
on the premises: the Watertown Airport Terminal and the adjacent hanger/repair
facility.
[Added by Ord. No. 12-15]
(5)
Issuance of exemption. The Chief of Police, at his discretion, may
issue a written exemption allowing an applicant to have temporary
possession of a firearm within a City-owned building upon written
application providing a legitimate educational purpose as a basis
for the exemption.
[Added by Ord. No. 12-23]
B.
Discharging and carrying weapons.
[Amended by Ord. No. 09-32; Ord. No. 09-38; Ord. No. 11-26]
(1)
No person may go armed with a concealed and dangerous weapon or firearm
unless such person qualifies under the exceptions below:
(a)
A person who is employed in this state by a public agency as
a law enforcement officer to carry a concealed firearm if § 941.23(1)(g)(2)
through (5) and (2)(b)(1) to (3), Wis. Stats., apply.
(b)
A qualified out-of-state law enforcement officer, as defined
in § 941.23(1)(g), Wis. Stats., to carry a concealed firearm
if § 941.23(2)(b)(1) to (3), Wis. Stats., apply.
(c)
A former law enforcement officer, as defined in § 941.23(1)(c),
Wis. Stats., to carry a concealed firearm if § 941.23(2)(c)(1)
to (7), Wis. Stats., apply.
(d)
A licensee, as defined in § 175.60(1)(d), Wis. Stats.,
or an out-of-state licensee, as defined in § 175.60(1)(g),
Wis. Stats., to carry a concealed weapon as permitted under § 175.60,
Wis. Stats.
(2)
No person except in the exercise of lawful authority shall fire or
discharge any firearm within the City. This subsection shall not prevent
the firing or discharging of airguns with a caliber of .177 or smaller
upon private property within the City by persons over the age of 16
years without supervision or by persons 16 years of age or younger
while under the direct, personal supervision of a parent or guardian.
[Amended by Ord. No. 12-19]
(3)
Any person may openly possess, carry or bear any firearm or facsimile firearm or have under his or her control any firearm or facsimile firearm on any public street, sidewalk, boulevard, boardwalk, alley or public parking lot within the City, except in the areas of the City and under the circumstances outlined below and as reflected in the Wisconsin Statutes and Administrative Code sections specifically adopted under this Subsection B, and subject to the exceptions noted under Subsection B(5) below for those licensees holding a valid license to carry a concealed weapon under § 175.60, Wis. Stats., or similar out-of-state licensees, as defined in § 175.60(1)(f) and (g), Wis. Stats.:
[Amended by Ord. No. 12-15]
(a)
Within any public building owned by the City of Watertown or the Watertown Unified School District, unless any such public building is exempt from such possession under Subsection A(4) of this section, which is similar to § 941.235, Wis. Stats.
(b)
Within any building, athletic field, auditorium, arena, concert
hall or other similar facility where sporting events, concerts or
other special events are held, provided that the organizer of the
special event has notified the persons seeking to attend the special
event not to enter into or remain at the special event while carrying
or bearing a firearm or weapon and what type of weapon is prohibited.
This subsection does not apply if the firearm or weapon is in a vehicle
driven to or parked at the special event grounds. "Special event"
means an event that is open to the public, that has a duration of
not more than three weeks, and either has designated entrances to
and from the event that are locked when the event is closed or that
requires an admission to be paid.
(c)
Within any premises for which a Class "B" or "Class B" license or permit has been issued by the City pursuant to Ch. 125, Wis. Stats., which is similar to § 941.237, Wis. Stats.
(d)
In or on school grounds or within 1,000 feet from the grounds
of a school, which is similar to § 948.605, Wis. Stats.
(e)
Placed on, possessed in or transported in any motorboat with
the motor running or any motor vehicle unless the firearm is unloaded
or encased within a carrying case, unless the firearm is a handgun,
as defined in § 175.60(1)(bm), Wis. Stats., which is similar
to § 167.31(2)(b), Wis. Stats.
(f)
While any such person is under the influence of an intoxicant
or a detectable amount of a restricted controlled substance, which
is similar to § 941.20(1)(b) and (bm), Wis. Stats.
(g)
Giving or providing a firearm to a person under the age of 18
unless for target practice under adult supervision, which is similar
to § 948.60, Wis. Stats.
(h)
If the firearm is a facsimile firearm, no person shall openly
possess, carry or bear any facsimile firearm or have under his or
her control any facsimile firearm under circumstances that could reasonably
be expected to alarm, intimidate, threaten or terrify another person,
which is similar to § 941.2965, Wis. Stats.
(4)
The City adopts those provisions of the Wisconsin Statutes or Wisconsin Administrative Code enumerated under Subsection B(3) above, as from time to time amended by the Wisconsin Legislature, together with all definitions of relevant terms and all exceptions contained in such provisions, as if fully set forth at length in this section.
(5)
Any person may carry a concealed weapon, as that term is defined
in § 175.60(1)(j), Wis. Stats., provided he or she has in
his or her possession a valid license to carry a concealed weapon
under § 175.60, Wis. Stats., or similar out-of-state license,
as defined in § 175.60(1)(f), Wis. Stats., and possess,
carry or bear any weapon or have under his or her control any weapon
on any public street, sidewalk, boulevard, boardwalk, alley or public
parking lot within the City, except in the areas of the City and under
the circumstances outlined below:
(b)
Within any public school building, grounds, recreation area,
athletic field or any other property owned, used or operated for school
administration by the Watertown Unified School District, which is
defined in § 948.61(1)(c), Wis. Stats.
(c)
Within any premises for which a Class "B" or "Class B" license or permit has been issued by the City pursuant to Ch. 125, Wis. Stats., subject to the limitations found in § 941.237, Wis. Stats.
(d)
Within any place of employment, subject to the limitations found
in § 175.60(15m), Wis. Stats.
(e)
Within any place or building enumerated in § 175.60(16),
Wis. Stats.
(f)
While any such person is under the influence of an intoxicant
or a detectable amount of a restricted controlled substance, which
is similar to § 941.20(1)(b) and (bm), Wis. Stats.
(6)
Any person who violates the provisions of this Subsection B, other than a law enforcement officer, shall be subject to a penalty of a forfeiture under § 1-4 of the City's Code, together with the costs of prosecution and any assessments mandated by Wisconsin law as prescribed under the Wisconsin Statutes.
C.
Throwing or shooting arrows, stones and other missiles. No person
shall throw or shoot any object, arrow, stone, projectile or other
missile, by hand or by other means, at or over any other person or
at or into any automobile, building, street, sidewalk, alley, highway,
park, playground or other public place within the City, in such a
manner so as to negligently endanger the safety of another, to cause
property damage, or to cause bodily harm to another.
A.
Cutting holes in ice on river. No person shall cut any ice or any
holes through the ice having a diameter of greater than 13 inches
in the Rock River or in any basin, stream or slip of the Rock River
without first enclosing that portion intended to be cut with a suitable
fence that shall include, from dusk to dawn, a sufficient number of
lamps to identify the enclosure until the hazard created by such cutting
no longer exists.
B.
Wheeled devices in Central Business District.
[Added by Ord. No. 90-49A; amended by Ord. No.
95-42; Ord. No.
96-44; Ord. No.
07-35]
(1)
No person shall operate, ride or use for transportation or recreation any wheeled device on any public or private property within the Central Business District of the City of Watertown, as defined by § 500-9C(2)(a) of the Municipal Code. A "wheeled device" shall include the following: roller skates, in-line skates, skateboards, scooters and/or roller skis.
(2)
No person shall operate, ride or use for transportation or recreation any bicycle within the sidewalk right-of-way within the Central Business District of the City of Watertown, as defined by § 500-9C(2)(a) of the Municipal Code.
C.
Climbing on railroad cars. No person shall jump or climb upon or
crawl under or through any railroad car, engine or train, whether
or not in motion, except for authorized persons and employees of the
railway.
D.
Diving or jumping from bridges. No person shall dive or jump from
or sit upon the top railing or portion of any bridge.
E.
Jaywalking prohibited. On Main Street between the intersections of
Church Street and College Avenue no pedestrian shall cross the roadway
at any point other than a marked crosswalk.
[Added by Ord. No. 92-60]
F.
Sale and discharge of fireworks.
(1)
State law adopted. Section 167.10, Wis. Stats., regulating the sale,
possession and use of fireworks, including the definitions contained
therein, and including the penalties enumerated in § 167.10(9)(b)
and (c) thereof, is adopted by reference as part of this chapter.
(2)
Permits for use of fireworks. Permits for the possession and use
of fireworks may be granted by the Mayor pursuant to § 167.10(3),
Wis. Stats., for specified occasions at a fee as set by the Common
Council and provided under separate fee schedule for each permit.
The Mayor may require an indemnity bond of not more than $50,000 from
each person to whom a permit is issued.[1]
