[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:
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.
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)
MERCHANT
VALUE OF MERCHANDISE
(a)
(b)
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
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.
For property of the merchant, the value of the property; or
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; 5-5-2022 by Ord. No. 2022-04]
References in this Code to the "Chief of Police" or "Police
Department" shall mean the Village of Footville Police Department,
its Chief of Police, or the enforcement agency which is performing
police protection services in the Village of Footville.
[Amended 3-5-1987; 11-1-1990 by Ord. No. 11-1-90; 11-2-2023 by Ord. No. 2023-07]
Except as otherwise specifically provided in this Code, the
statutory provisions of Wis. Stats. §§ 29.601(3), 175.25,
254.911, 254.916, 254.92, 287.81, and 940.19, and Chapters 941 through
964, except § 944.21, are hereby adopted and by reference
made a part of this Code as if fully set forth in this section. Any
act required to be performed or prohibited by any statute incorporated
in this section by reference is required or prohibited under this
Code. Any future amendments, revisions, or modifications of the statutes
incorporated in this section are intended to be made part of this
Code.
[Amended 11-7-1996 by Ord. No. 11-07-96; 11-2-2023 by Ord. No. 2023-07]
A.
Wis. Stats. § 66.0109 shall apply to any penalty imposed by any statute incorporated in this chapter. As such, the fine amounts set forth in the Wisconsin Statutes for violations of the offenses set forth in § 234-16, above, are adopted and incorporated herein. In addition to any penalty imposed for violation of Wis. Stats. § 943.01(1), any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent of any unemancipated minor child who violates Wis. Stats. § 943.01(1) may also be held liable for the cost of repairing or replacing such damaged or destroyed property in accordance with Wis. Stats. § 895.035.
C.
Nothing above shall prohibit the Court from making an appropriate
order regarding restitution pursuant to law.
D.
Upon the nonpayment of a monetary judgment of the Municipal Court,
the Court may proceed in accordance with the provisions of Wis. Stats.
§ 800.095.
E.
Court authority to impose alternative juvenile dispositions and sanctions:
(1)
For a juvenile adjudged to have violated an ordinance, the court
is authorized to impose any of the dispositions listed in Wis. Stats.
§§ 938.342, 938.343, and 938.344, 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 Wis. Stats.
§§ 938.342, 938.343, 938,344, the municipal court is
authorized to impose any of the sanctions listed in Wis. Stats. § 938.355(6)(an)
or (d), in accordance with the provisions of those statutes.
(3)
This section is enacted under the authority of Wis. Stats. § 938.17(2)(cm).
[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.
[Added 5-7-2021 by Ord. No. 2021-04]
A.
Controlled substances. It shall be unlawful for any person to possess
a controlled substance contrary to the Uniform Controlled Substances
Act, Ch. 961, Wis. Stats.
B.
Possession of marijuana. No person shall possess any amount of marijuana,
tetrahydrocannabinols or any derivative thereof, unless the substance
was obtained directly from, or pursuant to a valid prescription or
order of, a licensed physician or pharmacist for a valid medical purpose.
