A.
Policy and purpose. The Common Council declares it to be the policy
and purpose of this enactment to promote and preserve the public peace,
order, safety, comfort and welfare of the citizens of the City by
the regulation of the conduct of individuals to loiter, prowl, assemble
or congregate on private or public property without the consent of
the owner or person in possession of such property.
B.
Loitering or prowling prohibited generally. 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 or manifestly endeavors
to conceal himself or any object. Unless flight by the person or other
circumstances make it impracticable, a police or peace 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 to identify himself and explain his presence
or conduct. No person shall be convicted of an offense under this
subsection 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 person was true and, if believed by the police or peace
officer at the time, would have dispelled the alarm.
C.
Obstruction of traffic by loitering. No person shall loiter upon
the public streets, alleys, sidewalks, street crossings or bridges
or in any other public place within the City in such manner as to
prevent or obstruct the ordinary free use of such public streets,
alleys, sidewalks, street crossings or bridges or other public places
by persons passing along and over the same.
[Amended by Ord. No. 92-59]
D.
Obstruction of entryways by loitering. No person shall loiter upon
the public streets, private driveways or sidewalks or in adjacent
doorways or entrances so as to obstruct the free entry of persons
to the adjacent property, driveways or other entrances to such property.
[Amended by Ord. No. 92-59]
E.
Loitering in vicinity of school premises.
[Added by Ord. No. 89-15; amended by Ord. No.
94-14]
(1)
PROPERTY ADJACENT TO SCHOOL OR SCHOOL PREMISES
SCHOOL
SCHOOL PREMISES
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Any public or private property which is within 500 feet of
any school or school premises.
A public, parochial or private school which provides an educational
program for one or more grades between the grades K and 12 and which
is commonly known as an elementary school, middle school, junior high
school, senior high school or high school.
Any school building, grounds, recreation area or athletic
field and any other property owned or operated by the school for school
activities.
(2)
No person shall enter upon or loiter in a school building, on school
premises, or on public or private property located adjacent thereto,
not having any reason or relationship involving custody of, or responsibility
for, a pupil or any other specific, legitimate reason for being in
such a place at such a time, after having been suspended or expelled
from a school or asked to leave a school, school premises, private
property or public property by a school administrator, teacher or
his or her representative, by a private property owner, tenant or
agent, or by a police officer. A student enrolled within the Watertown
Unified School District shall be in violation of this subsection if
he or she is on any school premises while suspended or expelled from
school. A non-student shall be in violation of this subsection if
he or she refuses to leave the area after being so notified by the
persons indicated above.
[Amended by Ord. No. 95-24; Ord. No. 97-68]
F.
Loitering on roadways in Central Business District.
[Added by Ord. No. 92-59]
(1)
Purpose. It is hereby found and determined by the Common Council
that loitering on the roadway on and around vehicles parked on the
roadway on Main Street, between the intersections of Church Street
and College Avenue, creates hazardous traffic conditions between vehicles
and pedestrians, which may result in death or personal injury, hinders
and obstructs safe traffic movement, and may result in property damage
to parked vehicles; and that there is a need to prohibit such loitering
during specific hours to promote safe traffic movement on Main Street
and otherwise protect and preserve the public health, safety and welfare.
(2)
Prohibition. It is unlawful for any person to congregate around,
loiter by, stand beside or sit on or lean upon a motor vehicle, or
to sit, stand or lie upon any portion of a motor vehicle not designed
or intended for the use of passengers or within truck bodies in spaces
intended for merchandise, while parked on the roadway on Main Street
between the intersections of Church Street and College Avenue between
the hours of 6:00 p.m. and 5:00 a.m.
[Amended by Ord. No. 93-31]
G.
Loitering on Main Street Bridge. No person shall loiter, congregate,
stand on or sit on the Main Street Bridge over the Rock River in the
City other than to walk across the bridge on the sidewalk or in the
crosswalk.
[Added by Ord. No. 92-59]
[Amended by Ord. No. 92-56; Ord. No. 02-08; Ord. No. 07-34]
A.
Curfew hours imposed. No person under 17 years of age shall be upon
the public streets, public parking lots, highways, roads, alleys,
parks, public buildings, places of amusement and entertainment, vacant
lots, or any public places in the City, either on foot or in or upon
any conveyance being driven or parked thereon, between the hours of
11:00 p.m. and 5:00 a.m. Sunday through Thursday and 11:59 p.m. and
5:00 a.m. Friday and Saturday.
B.
Work travel. This section shall not apply to any person under 17
years of age who is required to use the streets, alleys or public
places of the City during the imposed curfew hours for the purpose
of going to or returning from his/her place of employment, but no
more than reasonable time shall be allowed for going to and returning
from such employment.
C.
Defenses. It is a defense to prosecution under this section that
the minor was:
(1)
Accompanied by the minor's parent or guardian.
(2)
On an errand at the direction of the minor's parent or guardian,
without any detour or stop.
(3)
A nonresident en route through the City without stopping except to
discharge a passenger or purchase gasoline or food.
(4)
Engaged in an employment activity, or going to or returning home
from an employment activity, without any detour or stop.
(5)
Involved in an emergency.
(6)
On the sidewalk abutting the minor's residence.
(7)
Attending, or going to or returning from, an official school or religious
event or a recreational activity supervised by adults and sponsored
by the City of Watertown.
(8)
Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech,
and the right to assembly.
D.
Enforcement. Before taking enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response or other circumstances, no defense in Subsection C(7) is present.
E.
Violations and penalties. Any person under the age of 17 years cited for a violation of Subsection A, upon conviction, shall be advised by the court of the penalty for second and subsequent violations. Any such person found guilty of a second or subsequent violation shall be subject to the penalties provided in § 1-4 of this Code.
A.
No person, firm or corporation shall distribute commercial advertising
material upon any public street, alley, sidewalk, park or other public
place within the City or cause such material to be posted or otherwise
displayed within such public places without the written authority
of the Mayor or his designee.
B.
No person, firm or corporation shall post any bill or commercial
advertising material, except legal notices, service of process, or
other similar notices posted according to law, on any private property
within the City without the consent of the owner thereof.
No person shall use a telephone or cause a telephone to be used
in the following manner:
A.
With the intent to frighten, intimidate, threaten, abuse or harass,
makes a telephone call and threatens to inflict injury or physical
harm to any person or property of any person.
B.
With intent to frighten, intimidate, threaten, abuse, harass or offend,
telephones another and uses any obscene, lewd or profane language
or suggests any lewd or lascivious act.
C.
Makes or causes the telephone of another repeatedly to ring, with
intent to harass any person at the called number.
D.
Makes repeated telephone calls, whether or not conversation ensues,
with intent solely to harass any person at the called number.
[Added by Ord. No. 87-6]
E.
Makes telephone calls to the City's police, fire or emergency telephone
numbers, including 911, when such person makes the call for no legitimate
reason or purpose. This subsection shall apply regardless of whether
the person who makes an emergency telephone call speaks to or in any
way communicates with the person answering the call.
[Added by Ord. No. 94-24]
[Added by Ord. No. 91-91; amended by Ord. No.
98-40; Ord. No.
98-70]
A.
ACCEPTABLE EXCUSE
HABITUAL TRUANT
TRUANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
As defined in §§ 118.15 and 118.16(4), Wis.
Stats.
A pupil who is absent from school without an acceptable excuse
under §§ 118.15 and 118.16(4), Wis. Stats., for part
or all of five or more days on which school is held during a school
semester.
A pupil who is absent from school without an acceptable excuse
under §§ 118.15 and 118.16(4), Wis. Stats., for part
or all of any day on which school is held during a school semester.
B.
Prohibition of habitual truancy. No child shall be a habitual truant.
C.
Prohibition of truancy. No child shall be truant.
D.
Violations and penalties. The court shall enter dispositional orders,
including one or more of the following:
(1)
Habitual truancy.
(a)
Suspension of the child's driving privileges for not less than
30 days nor more than one year. The Court may take possession of any
suspended license. If the Court takes possession of a license, it
shall destroy the license. The Court shall forward to the Department
of Transportation a notice stating the reason for and the duration
of the suspension.[1]
(b)
An order for the child to remain at home except during hours
in which the child is attending religious worship or a school program,
including the travel time required to and from the school program
or place of worship. The order may permit a child to leave his or
her home if the child is accompanied by a parent or guardian.
(c)
An order for the person to participate in counselling or a supervised
work program or other community service work as described in § 938.34(5g),
Wis. Stats. The costs of any such counselling, supervised work program,
or other community service work may be assessed against the person,
the parents or guardian of the person, or both. Any county department
of human services or social services, community agency, public agency
or nonprofit charitable organization administering a supervised work
program or other community service work to which a person is assigned
pursuant to an order under this subsection acting in good faith has
immunity from any civil liability in excess of $25,000 for any act
or omission by or impacting on that person.
(d)
An order for the person to attend an educational program as
described in § 938.34(7d), Wis. Stats.
(e)
An order for the person to be placed in a teen court program
as described in § 938.342(1g)(f), Wis. Stats.
(f)
An order for the person to attend school.
(g)
A forfeiture of not more than $500 plus costs, subject to § 938.37,
Wis. Stats. All or part of the forfeiture, plus costs, may be assessed
against the person, the parents or guardian of the person, or both.
(h)
Any other reasonable conditions consistent with this subsection,
including a curfew, restrictions as to going to or remaining on specified
premises, and restrictions on associating with other children or adults.
(i)
An order for the person's parent, guardian or legal custodian
to participate in counselling at the parent's, guardian's or legal
custodian's own expense, or to attend school with the person, or both.
(2)
Truancy.
(a)
An order for the person to attend school.
(b)
A forfeiture of not more than $50 plus costs for a first violation,
or a forfeiture of not more than $100 plus costs for any second or
subsequent violation committed within 12 months of a previous violation,
subject to § 938.37, Wis. Stats., and subject to a maximum
cumulative forfeiture amount of not more than $500 for all violations
committed during a school semester. All or part of the forfeiture,
plus costs, may be assessed against the person, the parents or guardian
of the person, or both.
[Added by Ord. No. 96-12; amended by Ord. No.
96-45; Ord. No.
98-41]
A.
Definition. Truancy means any absence from school by a pupil without
an acceptable excuse under §§ 118.15 and 118.16(4),
Wis. Stats., for part or all of any days on which school is held during
a school semester.
B.
Contributing to truancy prohibited.
(1)
Except as provided in Subsection B(2), no person shall, by any act or omission, knowingly encourage or contribute to the truancy of a child.
(2)
Subsection B(1) does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
(3)
An act or omission contributes to the truancy of a child, whether
or not the child is adjudged to be in need of protection or services,
if the natural and probable consequences of the act or omission would
be to cause the child to be truant.
(4)
A parent, legal custodian or guardian contributes to the truancy
of a child if the parent, legal custodian or guardian fails to make
a reasonable effort to assure that the child arrives at school in
a timely manner.
[Added by Ord. No. 02-30]
[Added by Ord. No. 00-31; amended by Ord. No.
03-32]
A.
Findings.
(1)
The Common Council has authority under its general police powers
set forth in § 62.11(5), Wis. Stats., to act for the good
order of the municipality and for the health, safety and welfare of
the public and may carry out its powers by regulation and suppression.
(2)
The Common Council recognizes it lacks authority to regulate obscenity
in light of § 66.0107(3), Wis. Stats., and does not intend
by adopting this section to regulate obscenity, since nudity in and
of itself is not obscene. It declares its intent to enact an ordinance
addressing the secondary effects of live, totally nude, nonobscene,
erotic dancing in bars and taverns.
(3)
Exhibitions in public places featuring totally nude, nonobscene,
erotic dancing or motion picture or video presentations thereof have
in other communities tended to further the increase of criminal and
other offensive activity, to be offensive to some members of the general
public or to children, to disrupt the peace and order of the communities,
to depreciate the value of real property, to harm the economic welfare
of the communities and to negatively affect the quality of life of
the communities, and such secondary effects are detrimental to the
public health, safety and general welfare of citizens.
(4)
The Common Council recognizes that the United States Supreme Court
has held that nude dancing is expressive conduct within the outer
perimeters of the First Amendment to the United States Constitution
and, therefore, entitled to some protection under the First Amendment,
and the Common Council further recognizes that freedom of speech is
among our most precious and highly protected rights and wishes to
act consistently with full protection of those rights.
(5)
However, the Common Council is aware, based on the experiences of
other communities, that exhibitions in public places in which live,
totally nude, nonobscene, erotic dancing or video or motion picture
presentation thereof occurs may and do generate secondary effects
which the Common Council believes are detrimental to the public health,
safety and welfare of the citizens of the City of Watertown.
(6)
Among these secondary effects are: the potential increase in prostitution
and other sex-related offenses, as well as other crimes and offenses;
the potential depreciation of property values in neighborhoods where
these exhibitions featuring nude dancing exist; health risks associated
with the spread of sexually transmitted diseases; the probability
that children would be exposed to these exhibitions in a public place;
and the potential for infiltration by organized crime for the purpose
of unlawful conduct.
(7)
The Common Council desires to minimize, prevent and control these
adverse effects and thereby protect the health, safety and general
welfare of the citizens of the City of Watertown; protect the citizens
from increased crime; preserve the quality of life; preserve the property
values and character of surrounding neighborhoods; and deter the spread
of urban blight.
(8)
The Common Council has determined that enactment of an ordinance
prohibiting live, totally nude, nonobscene, erotic dancing, or the
video or motion picture presentation thereof, in public places promotes
the goal of minimizing, preventing and controlling the negative secondary
effects associated with such activity.
B.
No person shall knowingly or intentionally, in a public place, do
any of the following:
C.
PUBLIC PLACE
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)
(2)
(3)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes any street, alley, sidewalk, thoroughfare or parking
lot; any lobby, corridor, elevator, stairway, recreation room or common
room in a hotel, motel, office building, apartment building or condominium;
any public or municipal building or premises; any vacant lot, park
or public recreation facility; any church, school, library, theater,
auditorium or other building frequented by members of the public;
and any business or industrial premises, including buildings and grounds,
except that the term "public place" shall not include any building
or part of a building occupied as a temporary or permanent dwelling,
hotel or motel room, or private office.
Simulated or actual:
Showing of human genitals in a state of sexual stimulation or
arousal.
Acts of masturbation, sexual intercourse, sodomy, bestiality,
necrophilia, sadomasochistic abuse, fellatio, cunnilingus or excretory
functions.
Fondling or erotic touching of human genitals, pubic region,
anus, buttocks or female breasts.
D.
Exemptions. The provisions of this section do not apply to the following
activities conducted in a public place or in the following specific
public places:
(1)
Theaters, performing arts centers, civic centers, exhibition halls,
restaurants and dinner theaters where live dance, ballet, music and
dramatic performances of serious artistic merit are offered to the
general public, with or without paid admission, or movie theaters
and video arcades where video or motion picture presentations of dance,
ballet, music and dramatic performances of serious artistic merit
are offered to the general public, with or without paid admission.
In order to fall within the application of this exemption, the predominant
business or attraction in the licensed establishment may not consist
of the offering to customers of entertainment which is intended to
provide sexual stimulation or sexual gratification to such customers
and where the establishment is distinguished by an emphasis on, or
the advertising or promotion of, employees or independent contractors
associated with the licensed establishment engaging in nude erotic
dancing.
(2)
Lavatories, restrooms and bathrooms on the licensed premises where
there is unintentional exposure of genitals by individuals performing
excretory functions.
(3)
The private areas or guest rooms not accessible to the general public
of those hotels, motels, rooming houses, or bed-and-breakfast businesses
in the City.
(4)
The rental or sale of videocassettes, DVD videodiscs, or other electronic
media for private viewing by individuals not in a public place.
(5)
Exposure of any portion of the female breast while a person is engaged
in breast-feeding a child.
