Village of Footville, WI
Rock County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Footville as Ch. 42 of the 1990 Code. Amendments noted where applicable.]
No person shall engage in disorderly conduct in the Village. Any of the following acts constitute disorderly conduct:
A. 
Making, aiding or assisting in making any improper noise, riot, disturbance, breach of the peace or diversion tending to a breach of the peace.
B. 
Assaulting, striking or deliberately injuring another person.
C. 
Engaging in or aiding or abetting any fight, quarrel or other disturbance.
D. 
Disturbing any religious service, funeral, public or private meeting, place of amusement, or assembly of persons.
E. 
Collecting in crowds the intent of which is to annoy or disturb other persons.
F. 
Being intoxicated in public places, or in any place to the annoyance and disturbance of other persons.
G. 
Resisting or obstructing the performance of one known to be a police officer or any authorized act within the police officer's official capacity; or impersonating a police officer.
H. 
Assisting any person in custody of police to escape or furnishing any weapon, drugs, liquor to any such person.
I. 
Assembling with two or more other persons for the purpose of using force or violence to disturb the public peace.
J. 
Failing to obey a lawful order of dispersal by a person known to be a peace officer, where three or more persons are committing acts of disorderly conduct in the immediate vicinity, which acts are likely to cause substantial harm or serious inconvenience, annoyance or alarm.
K. 
Engaging in any fraudulent scheme, device or trick to obtain money or other valuable thing, or the practice of fortune-telling, palmistry, card reading, astrology, clairvoyancy or other scheme to obtain money or other value.
L. 
Giving any false alarm of fire, danger or disturbance to any person, or false information to any peace officer or fireman or any Village officer.
M. 
Engaging in obscene or indecent activities or entertainment, or any lewd or lascivious behavior, or appearing in public in a state of nudity.
N. 
Maintaining or being in houses of ill fame or gaming houses, or engaging in or soliciting unlawful sexual actions.
O. 
Using any obscene, profane, threatening or inciting language in any public place.
P. 
Throwing stones or missiles in public places or at any person or property, or using, brandishing or threatening to use any missile, or dangerous weapon or object.
Q. 
Damaging or defacing trees, bushes, gardens, fences, windows, signs, buildings, monuments, or vehicles or engaging in any acts of vandalism.
R. 
Abusing, beating or cruelly injuring any animal, or attempting to kill or wound any bird other than a sparrow, crow, or blackbird.
[Amended 3-5-1987]
A. 
Discharging firearms. No person shall fire or discharge any firearm or air gun within the Village, except when necessary to protect his person or property and except a police officer in the lawful discharge of his duty, provided this subsection shall not apply to the target practice of a regular club, or any shooting gallery conducted with the permission of the Police Department.
B. 
Bow and arrow. No person shall shoot or discharge any bow and arrow of a type which could cause personal injury within the Village, provided this subsection shall not apply to practice or match shoots of regular clubs or other persons upon prior notification of and permission by the Police Department.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A. 
A person who is not a Village officer shall not carry about his/her person any concealed razor, slingshot, metal knuckles or any other weapon or thing of deadly character except, where permitted, any firearm, or any knife.
B. 
The statutes of the State of Wisconsin relating to the sale, purchase, purchase delay, transfer, ownership, use, keeping, possession, bearing, transportation, licensing, permitting, registration or taxation of any knife or any firearm or part of a firearm, including ammunition and reloader components, together with any amendments thereof, are adopted by reference.
C. 
No person shall sell, give or transfer any of the weapon referred to in this section to any minor person.
No person shall sell, offer for sale, use or explode any fireworks in the Village except the Village Board may grant a permit for a public display of fireworks under such conditions as it may impose.
[Amended 7-2-2015 by Ord. No. 2015-702]
No person shall start or maintain any fire in any street, sidewalk, park or public place, or any place within 30 feet of any building or structure except as provided for in § 141-14 of the Code of the Village of Footville or in a location or facility provided or officially designated for such use by the Village.
No person shall maintain any fence containing barbed wire along or near any public sidewalk.
[Amended 12-6-2012 by Ord. No. 120612]
A. 
General provisions. No person shall disturb the peace and quiet of any other person by creating excessive noise on any property within or adjacent to the Village. The standard to be applied in determining whether noise is excessive shall be the perception of the noise by a reasonable person of ordinary sensibilities in view of the time, location, use and character of the property and other relevant circumstances involved.
B. 
Types of excessive noise prohibited. The types of noise which may be determined to be excessive through application of the standard set forth in Subsection A, above, shall include, but not be limited to, the following, provided that running or idling of a diesel engine-equipped vehicle or of an auxiliary engine installed on a vehicle shall be regulated in accordance with Subsection C below:
(1) 
Loud playing of phonographs, radios, television sets, music machines or musical instruments.
(2) 
Barking or howling dogs or cats.
(3) 
Vehicles without mufflers or the unnecessary use of horns on vehicles.
C. 
Running of diesel engine-equipped vehicles and auxiliary engines installed on a vehicle. Subsections A and B above notwithstanding, no person shall permit a diesel engine-equipped vehicle or an auxiliary engine installed on a vehicle such as an engine powering a refrigeration unit to idle or run for a continuous period of 15 minutes or more while such vehicle is located in a residentially zoned area in the Village of Footville. A diesel engine-equipped vehicle or an auxiliary engine installed on a vehicle may be idled or run at any time, and or for any length of time, if the vehicle is located in an area zoned for commercial, industrial or agricultural use.
D. 
Penalty for successive violations. Each violation of Subsection C involving the idling or running of a diesel-equipped vehicle or an auxiliary engine continuously for a period of 15 minutes shall constitute a separate offense.
No person shall damage, destroy or deface any public or private property without permission of the owner.
No person shall litter any public or private property with paper or other debris or foreign matter. Any stored or transported materials susceptible to blowing or scattering shall be adequately covered or protected to prevent littering.
No person shall pollute the air or any watercourse by excessive discharge of waste products or foreign matter.
[Amended 1-1987]
A. 
Issuance of worthless checks.
(1) 
Whoever issues any check or other order for the payment of money less than $500 which, at the time of issuance, he or she intends shall not be paid, is guilty of a violation of this section.
(2) 
Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for the payment of money intended it should not be paid:
(a) 
Proof that at the time of issuance, the person did not have an account with the drawee;
(b) 
Proof that at the time of issuance the person did not have sufficient funds or credit with the drawee and that the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order; or
(c) 
Proof that when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order.
B. 
Retail theft.
(1) 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
MERCHANT
Includes the following definition: "Merchant" means a person who deals in goods of the kind or otherwise by his occupation holds himself or herself out as having knowledge or skill peculiar to the practices or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself or herself out as having such knowledge or skill; and "merchant" also includes any innkeeper, motelkeeper or hotelkeeper.
(a) 
For property of the merchant, the value of the property; or
(b) 
For merchandise held for resale, the merchant's stated price of the merchandise or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the merchant's stated price, the difference between the merchant's stated price of the merchandise and the altered price.
(2) 
Whoever intentionally alters indicia of price or value of merchandise or who takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant or property of the merchant without his or her consent and with intent to deprive the merchant permanently of possession, or the full purchase price of the merchandise is guilty of a violation of this section.
(3) 
The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payments in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of such person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods.
(4) 
In any action or proceeding for violation of this section, duly identified and authenticated photographs of merchandise which was the subject of the violation may be used as evidence in lieu of producing the merchandise.
C. 
Restitution. The Municipal Judge shall have the power to order restitution as provided for herein in addition to other penalties for a violation of this section.
D. 
Penalties.
(1) 
Any person violating Subsection A of this section shall forfeit not less than $100 nor more than $500, together with the costs of prosecution, and in default of payment, may be imprisoned in the county jail until forfeiture and costs are paid but not to exceed seven days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2) 
Any person violating Subsection B of this section shall forfeit not less than $100 not more than $500, together with the costs of prosecution and in default of payment, may be imprisoned in the county jail until the forfeiture and costs are paid but not to exceed seven days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(3) 
In addition to the penalties provided for a violation of this section as provided above, the Municipal Judge may order a violator to pay restitution to a victim. In determining the method of payment the court shall consider the financial resources and future ability of the violator to pay. The court shall provide for payment of an amount equal to the pecuniary loss caused by the offense. Upon the application of any interested party, the court shall schedule and hold an evidentiary hearing to determine the value of the victim's pecuniary loss resulting from the offense. If applicable, in lieu of actual payment, the court may order return of the merchandise. If the value of the merchandise is diminished, the court may order the return of the merchandise plus payment of an amount equal to the diminished value. A victim may not be compensated under this section and § 943.51, Wis. Stats. In this section, "pecuniary loss" means:
(a) 
All special damages, but not general damages, substantiated by evidence in the record, which a person could recover against the violator in a civil action arising out of the facts or events constituting the violator's activities, including, without limitation because of enumeration, the money equivalent of loss resulting from property taken, destroyed, broken or otherwise harmed and out-of-pocket losses, such as medical expenses; and
(b) 
Reasonable out-of-pocket expenses incurred by the victim resulting from the filing of charges or cooperating in the investigation and prosecution of the offense.
(4) 
The victim may file a restitution order obtained from the court under Subsection D of this section with the Clerk of Circuit Court. Upon payment of the fee under § 814.61(5)(a), Wiss Stats., the Clerk shall enter the order on the judgment docket under § 806.10, Wis. Stats., in the same manner as for a judgment in a civil action. Thereafter, the victim may enforce the order against the violator in the same manner as for a judgment in a civil action.
[Amended 11-7-1985]
A. 
The Village Board of the Village of Footville hereby adopts § 106.50, Wis. Stats., and all subsequent amendments thereto.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
The officials and staff of the Village of Footville shall assist in the orderly prevention and removal of all discrimination in housing within the Village of Footville by implementing the authority and enforcement procedures set forth in § 106.50, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
C. 
The Village Clerk shall provide complaint forms and shall assist any person alleging a violation of this section.
A. 
Curfew regulations. No minor under the age of 17 years shall wander, stroll or play in or be found upon any public street, alley or park whether in or out of a motor vehicle, or be in vacant lots, vacant buildings, playgrounds or school grounds in the Village between 11:00 p.m. and 6:00 a.m. unless accompanied by his parent, guardian or proper adult person having care and custody of said minor.
B. 
Responsibility. No parent, guardian or other adult person having the care and custody of a minor under the age of 17 years shall permit such minor to violate Subsection A.
C. 
Exceptions. This section shall not apply if such minor is sent upon an emergency errand directed by his parent, guardian or adult person having the care and custody of such minor, or if such minor shall have a permit signed by a proper school authority to attend a school function, which function shall be previously registered with the Police Department or if such minor shall have a written permit from the Police Department to perform certain work or services.
[Amended 8-5-1987]
No person shall consume or carry about an open container of intoxicating liquor or fermented malt beverage in or on any street, park, public building or other public place other than licensed premises within the Village.
[Amended 3-5-1987]
References in this code to the Chief of Police or the Police Department shall mean the enforcement agency which is by contract performing police protection services for the Village of Footville.
[Amended 3-5-1987]
A. 
Statutory provisions adopted by reference. The statutory provisions describing and defining regulations with respect to crimes against public health and safety, property, sexual morality, government and administration, and peace and order in the sections of the Wisconsin Statutes, as revised, and as enumerated in Subsection B of this section are adopted and by reference made a part of this chapter as if fully set forth herein.
B. 
Statutory provisions enumerated. The following statutory sections are adopted by reference and conduct which is the same or similar to that prohibited by such statutory provisions is prohibited in the Village of Footville:
(1) 
Section 940.19, Battery, Simple.
(2) 
Section 940.225, Fourth Degree Sexual Assault.
(3) 
Section 940.42, Intimidation of Witnesses.
(4) 
Section 940.44, Intimidation of Victims.
(5) 
Section 941.10, Negligent Handling of Burning Materials.
(6) 
Section 941.12, Interfering with Fire Fighting.
(7) 
Section 941.13, False Alarms.
(8) 
Section 941.20, Reckless Use of Weapons.
(9) 
Section 941.36, Fraudulent Tapping of Electric Wires or Gas or Water Meters or Pipes.
(10) 
Section 941.37, Obstructing Emergency or Rescue Personnel.
(11) 
Section 942.05, Opening Letters.
(12) 
Section 943.01, Criminal Damage to Property.
(13) 
Section 943.11, Entry into Locked Vehicle.
(14) 
Section 943.125, Entry into Locked Coinboxes.
(15) 
Section 943.13, Trespass to Land.
(16) 
Section 943.14, Criminal Trespass to Dwelling.
(17) 
Section 943.15, Entry onto Construction Site or into a Locked Building, Dwelling or Room.
(18) 
Section 943.20, Petty Theft (Under $500).
(19) 
Section 943.21, Fraud on Hotel or Restaurant Keeper (Under $500).
(20) 
Section 943.22, Use of Cheating Tokens.
(21) 
Section 943.23, Operating Vehicle without Owner's Consent.
(22) 
Section 943.34, Receiving Stolen Property - Less than $500.
(23) 
Section 943.37, Alteration of Property Identification Marks.
(24) 
Section 943.61, Theft of Library Material.
(25) 
Section 946.41, Resisting or Obstructing Officer.
(26) 
Section 947.01, Disorderly Conduct.
(27) 
Section 947.012, Unlawful Use of Telephone.
(28) 
Section 947.013, Harassment.
(29) 
Section 947.06, Unlawful Assemblies.
(30) 
Section 951.02, Mistreating Animals.
(31) 
Section 951.03, Dognapping and Catnapping.
(32) 
Section 951.06, Use of Poisonous and Controlled Substances.
(33) 
Section 951.13, Providing Proper Food and Drink to Confined Animals.
(34) 
Section 951.14, Providing Proper Shelter.
(35) 
Section 951.15, Animals; Neglected or Abandoned.
(36) 
Section 943.46(1), (2) and (5), Theft of Cable Television Service.
[Added 11-1-1990 by Ord. No. 11-1-90]
(37) 
Section 943.47(1), (2) and (5), Theft of Satellite Cable Programming.
[Added 11-1-1990 by Ord. No. 11-1-90]
C. 
References to Wisconsin Statutes. The statutory provisions referred to or adopted by reference by this chapter shall mean the Wisconsin Statutes as from time to time amended, repealed and recreated or modified by the Wisconsin Legislature and shall be deemed to refer to the most recent enactments of such statutory provisions by the Wisconsin Legislature.
[Amended 11-7-1996 by Ord. No. 11-07-96]
A. 
Forfeiture. Any act required to be performed or prohibited by this chapter or any statute incorporated into this chapter by reference is required to be performed or is prohibited by this chapter. The penalties prescribed for violation of any provision of this chapter shall be limited to a forfeiture. Any person violating any provision of this chapter shall, upon conviction, be subject to a forfeiture of not less than $10 nor more than $500 and the costs of prosecution for each violation; and for a second or subsequent conviction for a violation thereof within a six-month period, such person shall be subject to a forfeiture of not less than $25 nor more than $500 and the costs of prosecution of such violation.
B. 
Court authority to impose alternative juvenile dispositions and sanctions:
(1) 
For a juvenile adjudged to have violated an ordinance, a court is authorized to impose any of the dispositions listed in §§ 938.343 and 938.344, Wis. Stats., in accordance with the provisions of those statutes.
(2) 
For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the court under §§ 938.343 or 938.344, Wis. Stats., the municipal court is authorized to impose any of the sanctions listed in §§ 938.355(6)(d), Wis. Stats., in accordance with the provisions of those statutes.
(3) 
This section is enacted under the authority of §§ 938.17(2)(cm), Wis. Stats.
C. 
Imprisonment. In default of payment of such forfeiture and costs, where no showing of indigency is made, such person shall be imprisoned in the county jail until such forfeiture and costs of prosecution are paid, but not to exceed 90 days.
D. 
Setting of bond. Upon arrest and arraignment, the Municipal Judge may set bond for appearance of the defendant on the day designated for trial in a sum not exceeding the maximum penalty provided for herein.
[Added 2-7-1991 by Ord. No. 2-7-91]
No person shall enter upon, access, climb upon or affix any physical equipment, ropes, or other equipment to assist climbing upon the Footville Municipal Water Tower, also known as the Footville Municipal Elevated Water Storage Facility, without the express written consent of the Village Board, which consent will be granted to specifically authorized persons for maintenance and repair purposes only.
[Added 4-1-2010 by Ord. No. 040110]
The provisions of § 101.123 Wis. Stats., pertaining to regulation of smoking, together with all future amendments thereof, are adopted by reference. Forfeitures to be imposed for violations thereof will be subject to § 234-17 of the Code of the Village of Footville.