Village of Elm Grove, WI Article I General Provisions

[Adopted 7-11-1955; amended 12-11-2000]

§ 208-1 Indecent exposure.

No person shall indecently expose his or her person.

§ 208-2 Loafing or loitering.

No person shall loaf or loiter on any public street or at or near the entrance of or in any public place of amusement, commercial building, school or church.

§ 208-3 Destruction of property; littering.

No person within the Village shall injure, damage, deface or destroy any public or private property, including gardens, trees, lawns, shrubs, windows, fences, buildings, walls, roads, mailboxes or hydrants, nor molest or injure any domestic animal nor throw or deposit any debris or other material on public or private property.

§ 208-4 Unreasonable noise and disturbances.

[Amended 12-17-2002]

A. No person shall either:

(1) Make or assist in making any unreasonable noise or disturbance; or

(2) Commit or assist in committing the following acts:

(a) Motor vehicle noise. Using any motorized vehicle so as to create a loud or unreasonable noise which disturbs or annoys another person or persons. Such uses shall include but are not limited to:

[1] Operation with damaged or modified exhaust.

[2] Operation of horn other than in emergency situations.

[3] Operation of audio equipment at excessive levels.

[4] Excessive acceleration or excessive road or engine noise as prohibited in Chapter 275, Vehicles and Traffic, § 275-1B.

(b) Use of construction tools and equipment. No person or entity may use construction, excavation, demolition or power equipment other than those tools customarily used to perform landscape maintenance except between 7:30 a.m. and 8:00 p.m. Monday through Friday and between 9:00 a.m. and 4:00 p.m. on Saturdays; provided, however, that such tools and equipment shall not be used at any time on Sundays or federal holidays in which the Village Hall is closed.

(c) Delivery of construction materials. No construction materials shall be delivered to or removed from any residentially zoned lot prior to 7:30 a.m. or after 6:00 p.m. Monday through Saturday or any time on Sundays or federal holidays in which the Village Hall is closed.

(d) Use of generators. The use of gasoline, natural gas, propane or diesel fueled portable electric generators to power construction, excavation, or demolition tools and equipment is prohibited except during emergencies when power is not available from public utility sources.

(e) Landscape maintenance equipment shall only be operated between 7:30 a.m. and 8:00 p.m., Monday through Friday, and between 8:00 a.m. and 8:00 p.m. on Saturdays, and 10:00 a.m. and 6:00 p.m. on Sundays.

[Added 8-28-2017[1]]

[1] Editor’s Note: This ordinance also redesignated former Subsection A(2)(e) as Subsection A(2)(f).

(f) Other noise. Repeatedly creating a loud noise which, under the circumstances involved, unreasonably disturbs or annoys another person or persons through use of any radio, phonograph or other audio equipment or through excessive yelling or shouting or through the keeping of any noisy bird or animal not otherwise regulated by Chapter 95, Animals.

B. Homeowner maintenance and repair shall be exempt to the extent that activities do not violate § 208-4A(2)(b), (c), (d) and (e).

[Amended 7-26-2005; 8-8-2017]

C. No person or persons shall be cited for any violation of Subsection A(1), (2)(a), or (2)(e) except upon the evidence of two persons from separate households.

[Amended 7-26-2005]

D. Exceptions. Nothing in this section shall be construed so as to restrict or penalize the causing of noise:

(1) In an emergency situation;

(2) To protect life or personal property;

(3) To restore utilities;

(4) To remove snow; or

(5) In a manner related to the normal course of business approved through a plan of operation accepted by the Plan Commission.

(6) Any municipal service.

§ 208-5 Disorderly assemblage.

No person shall participate in, aid or countenance any disorderly assemblage.

§ 208-6 Indecent literature.

No person shall distribute any obscene, filthy, indecent or pornographic literature, records or periodicals.

§ 208-7 Loitering or prowling.

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 reasonably warrant alarm for the safety of persons or property in the vicinity. Circumstances which may be considered in determining whether such alarm is reasonably warranted include, but are not limited to, the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or herself or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the police or peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person at the time was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.

§ 208-8 Violations and penalties.

[Amended 7-26-2005]

A. Any person who shall violate any provision of this article or any rule or regulation made under this article shall be subject to a penalty as provided in § 1-16 of this Code.

B. The parent or legally appointed guardian of any minor under 18 years of age who is found guilty of knowingly permitting such minor under 18 years of age to violate, neglect or refuse to comply with any of the provisions of this article shall also be subject to a penalty as provided in § 1-16 of this Code.