[HISTORY: Adopted by the Village Board of the Village of
Grafton as Title 9, Part IV, Ch. 9.38, of the 1979 Code. Amendments
noted where applicable.]
[Amended by Ord. No. 005, Series 1995; Ord. No.
013, Series 2010; 1-20-2020 by Ord. No. 001-2020]
A.
Whoever,
in a public or private place, engages in violent, abusive, indecent,
profane, boisterous, unreasonably loud or otherwise disorderly conduct
under circumstances in which the conduct tends to cause or provoke
a disturbance.
B.
Any person who makes or assists in making any noise tending to unreasonably
disturb the peace and quiet of persons in the vicinity thereof is
guilty of disorderly conduct, unless the making of said noise cannot
be prevented and is necessary for the protection or preservation of
property or of the health, safety, life or limb of some person.
C.
Factors to be considered. The following serve as a guideline and shall be considered in determining whether a noise is unreasonable under Subsection B:
1.
The intensity of the noise;
2.
Whether the noise is usual or unusual in the area;
3.
The number of persons affected;
4.
The proximity of the noise to residential dwellings;
5.
The location of the operation or property from which the noise emanates,
and the nature and zoning of the property and the surrounding area
or neighborhood;
6.
The density of habitation of the area that is impacted by the noise;
7.
The reasonableness of the use of the property from which the noise
emanates;
8.
The time of day or night that the noise occurs;
9.
The duration of the noise;
10.
Whether the noise is recurrent, intermittent or constant.
[Amended by Ord. No. 468-85, 1985]
No person shall possess a controlled substance which is a narcotic
drug, as defined by Ch. 961, Wis. Stats., 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 professional practice,
except as otherwise authorized by Ch. 961, Wis. Stats.
[Amended by Ord. No. A391-80, 1980; Ord. No. 468-85, 1985]
Any person who shall violate any provisions of § 9.38.010 shall, upon conviction thereof, forfeit not less than $25 nor more than $100, together with the costs of prosecution, and any person who shall violate § 9.38.015 shall, upon conviction thereof, forfeit not less than $100 nor more than $200, together with the costs of prosecution. In the event of a failure to pay such forfeiture, where no showing of indigency is made, the defendant may be imprisoned no more than 90 days, as the court deems fit or until such judgment is sooner paid.
