[Adopted as Sec. 8.02 of the Codification]
[Amended by Ord. No. 1638]
No person shall give or send or cause to be given or sent in
any manner any alarm of fire which he knows to be false, or report
in any manner to a policeman, coroner or peace officer that a crime
has been or is being committed, or that an accident has occurred,
or the dead body of any person has been found.
[Amended by Ord. No. 1638]
No person shall intentionally aid any prisoner or person to
escape from the lawful custody of a policeman or peace officer of
the Village.[1]
[1]
Editor's Note: Original Subsection 8.02(3), which immediately
followed this section, was repealed by Ord. No. 1640.
[Amended by Ord. No. 1414; Ord. No. 1638; Ord. No. 1684]
A.
Cruelty.
(1)
No person shall cruelly beat, frighten, maim, neglect, injure or
abuse any animal or bird, or allow any animal or bird to be cruelly
beaten, frightened, overburdened, neglected or abused, or use any
device or chemical substance by which pain, suffering or death may
result, whether the animal belongs to the person or another, except
that reasonable force may be used to drive off vicious or trespassing
animals. Notwithstanding the foregoing, the Village Board may direct
the Police Chief to permit or act to eradicate coyotes subject to
whatever terms he/she deems appropriate.
(2)
No person shall abandon or transport any animal or bird in a cruel
manner.
(3)
No person shall injure any bird's nests or bird's eggs.
B.
Food and water. No owner or caretaker of any animal or bird may neglect
or fail to provide it with necessary nourishing food at least once
daily and provide a constant supply of clean water to sustain the
animal or bird in good health.
C.
Shelter.
(1)
No owner or caretaker of any animal or bird shall fail to provide
said animal or bird with shelter from inclement weather to insure
the protection and comfort of the animal or bird.
(2)
When sunlight is likely to cause overheating or discomfort to any
animal or bird, the owner or caretaker shall provide shade by natural
or artificial means to allow protection from the direct rays of the
sun, but to still allow air to pass to keep the animal or bird cool.
D.
Area to keep clean. Every owner or caretaker of any animal shall
provide that the area where the animal is housed or allowed to remain
shall be kept clean of feces, animal waste, and other substances in
order to keep the animal healthy and comfortable.
E.
Leashes. Whenever chains, ropes or leashes are used, the owner or
caretaker of the animal shall provide that the chains, ropes or leashes
are placed or attached so that they cannot be entangled with another
animal or object, and further that they be of sufficient length in
proportion to the size of the animal to allow the animal the proper
exercise and convenient access to food, water and shelter. A leash
shall be located so as not to allow an animal to trespass on public
or private property other than that of the owner, nor in such manner
as to cause harm or danger to persons or other animals. A leash shall
be located so as not to allow the animal to jump over an obstacle
where the leash can become entangled and the animal choke.
F.
Enforcement. The police department, health department or the humane
society may enforce any provision of this section.
G.
Animal removal. The police department, health department or the humane
society may confiscate and remove animals from any premises for violation
of any part of this section. Animals removed because of such action
may be stored in a humane manner by the health department, humane
society or their designee. Probable cause that such a violation exists
is sufficient reason to confiscate such animal. Conviction is not
required.
H.
Exception. This section does not apply to the extermination of rats,
mice or other vermin.
[Amended by Ord. No. 1773; Ord. No. 1798; Ord. No. 1830]
Noise, when generated by any device, tool, implement, machine,
appliance, or contrivance (including but not limited to power lawnmowers,
snow removal equipment, vehicle backup alarms; radios, musical instruments,
music players, power tools, television, audio/video, and internal
combustion engines not on licensed motor vehicles), which creates
a noise to the substantial disturbance or annoyance of any person
(hereinafter "machine noise"), is prohibited during the following
hours by noise type:
A.
Within 50 feet of any building used wholly or partially for residence
purposes, machine noise is prohibited between 10:00 p.m. and 6:00
a.m.
B.
Except as otherwise permitted herein, snow plowing by means of vehicle-driven
snow-removal equipment utilizing a backup alarm is prohibited in the
Village between 10:00 p.m. and 6:00 a.m.
C.
Snow plowing by means of vehicle-driven snow removal equipment legally
without the use of a backup alarm shall not be subject to any time
restrictions.
D.
Within the public right-of-way or other municipal property or leasehold,
in the pursuit of the rendition of municipal service or emergency
services, machine noise shall not be subject to any time restrictions.
E.
Machine noise generated in reasonable response to any emergency situation
or a situation threatening the health, safety or welfare of an individual
or the public at large as recognized by the Police Department, Village
Manager, or North Shore Fire Department shall not be subject to any
time restrictions.
F.
Noise from machines or devices used in construction or remodeling
of structures, equipment, landscaping, or landscape features between
the hours of 5:00 p.m. and 7:00 a.m.
G.
The Village Board or Village Manager may exempt specific events or
activities from these machine noise prohibitions, provided the health,
safety, and welfare of the public at large is not substantially impacted.
H.
The collection of commercial waste, as defined in Chapter 10, Sanitary Code, Article III, Refuse and Recycling Collection, of the Code of the Village of Whitefish Bay, within 50 feet of any building used wholly or partially for residence purposes, shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
[Amended by Ord. No. 1638]
It shall be unlawful in this Village to operate or cause to
be operated any loudspeaker or sound amplifier which is audible for
a distance of 100 feet from such instrument, or in a manner to interfere
with or disturb the peace of any person in this Village. The provisions
of this section shall not apply to any loudspeaker or sound amplifier
used during games, contests or other events sponsored by public authority
or to warning signals given by public authority.
[Amended by Ord. No. 1638]
A.
Shore defined. The beach or shore of Lake Michigan, being the space
between the high-water mark and the low-water mark of said lake, is
hereby declared and established to be necessary for the protection
of the bank of Lake Michigan in this Village, and to prevent said
bank from being washed away or falling in, and necessary for the preservation
of all property, streets and parcels of land fronting on said lake,
and all piers that have been or may be built upon the bank or beach
of said lake, and for the proper and necessary depth of the water
immediately off the shore of said lake.
B.
Removal of sand, etc., prohibited. No person shall remove or cause
to be removed any sand, gravel, stone or earth from the beach or shore
of Lake Michigan as defined in this section.
C.
Obstructions prohibited. No person shall construct any obstruction,
barrier, gate or fence hindering the free and unobstructed access
and passage of the public from the waters of Lake Michigan to said
beach or shore of Lake Michigan as defined in this section, nor along
said beach or shore.
[Amended by Ord. No. 1638]
A.
The provisions of this section are declared necessary to protect,
promote and conserve public health, welfare, morals and convenience.
B.
Restrictions relating to streets, public places, automobiles, etc.
Except as in this section otherwise provided, it shall be unlawful
to distribute, place, attach or throw any newspaper, handbill, dodger,
poster, circular, pamphlet or other printed or advertising material
in or upon any part of any automobile or other motor vehicle while
upon any street, alley or other public grounds, or upon any sidewalk,
street, alley, park or other public place, or upon any parcel of ground
which is vacant or unoccupied or which is occupied by a building obviously
vacant or unoccupied within this Village; this subsection shall not
apply to any United States, state or other public officer or employee
while engaged in performing his official duties as such, nor prevent
the owner of such motor vehicle from displaying any advertising matter
from his motor vehicle, when otherwise lawful.
C.
Restrictions on distribution to residences. It shall be unlawful to distribute, place, attach or throw any such material mentioned in Subsection B into or upon any premises, lawn, yard, steps, driveway or other part of any building used for residence purposes, whose owner or occupant has filed with the Village Clerk-Treasurer an unrevoked written notice that he does not desire such material delivered to or upon the premises owned or occupied by him; provided, however, that such material may be deposited in a secure manner in an adequate receptacle provided by the owner or occupant of premises used for residence purposes for the receipt of said material other than a mailbox, or may be securely fastened at the entrance of any such residence, except to the premises first above specified in this subsection.
D.
Newspapers, etc. The provisions of Subsection C shall not apply to any of the following material, provided the same be deposited in a secure manner in a receptacle provided by the owner or occupant of the premises other than the mailbox or at the entrance of such residence: any newspaper or other publication containing news of a general nature and which is capable of being entered as second class material under the United States post office regulations; any material which is carried or delivered by the postal service of the United States; any monthly statement of account addressed to a person even though such statement has advertising integral therewith, provided such advertising does not increase the normal dimensions of such statement; magazines being delivered to bona fide subscribers thereof; packages containing ordered material; public notices issued by public authorities; or any election advertising material.
E.
Crossing lawns, etc. prohibited. No person engaged in delivering
or distributing any of the articles mentioned in this section shall
cross any lawn or pass over or through any hedges or shrubbery of
any premises used for residence purposes.
[Amended by Ord. No. 985; Ord. No. 1638]
A.
No person shall commit any act in a public building or on grounds
which interferes with the peaceful conduct of activities normally
carried on in such building or on such grounds.
B.
Any person violating Subsection A who refuses to leave such building or grounds upon request by the proper official or any person aiding, counseling or abetting another to violate Subsection A shall be subject to the penalty provided in Chapter 17, Village Code and Ordinances, Article III, General Penalty, of the Code of the Village of Whitefish Bay.
C.
In this section, "public building" means any building that is a part
of the Village School District and any building owned by the Village
and used for any public purpose.
[Amended by Ord. No. 1698]
A.
No person shall in any way, individually or by means of any object,
thing, structure, facility or instrumentality which that person owns,
possesses, controls, directs or influences, obstruct or occupy any
street, alley, sidewalk, right-of-way, Village owned land, or other
land dedicated to Village use unless an exception is granted by the
Village.
B.
Exceptions to this section may be granted by:
(1)
The Village Board, subject to whatever terms it might require;
(2)
The Village Board in the form of a privilege pursuant to § 66.0425,
Wis. Stats. (as amended); or
(3)
The Village Manager, Police Chief, Director of Public Works, or Building
Inspector for periods of 180 days or less, subject to whatever terms
that official might require and subject further to the official making
the following determinations:
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
(a)
The proposed obstruction or occupancy is not inconsistent with
the intent of this section to minimize such obstructions and occupancies;
(b)
The proposed obstruction or occupancy will last for the minimum
period practicable; and
(c)
There are no feasible alternatives to the proposed obstruction
or occupancy.
C.
Exceptions granted under this section (other than privileges under
§ 66.0425, Wis. Stats., as amended) may be revoked on 10
days' notice at any time by the body or official (or their designee)
that granted the exception in the first instance, or by such body
or official or any Village Law Enforcement Officer or North Shore
Fire Department Officer at any time when the requirements imposed
with the exception are not met, or if the body, official, or officer
determines that the continuation of the exception endangers public
health and safety.
D.
This section shall not apply to the legitimate and reasonable use
of public property (subject to established rules and ordinances regarding
such use) for the purpose for which it was intended.
E.
In addition to any other penalties imposed for violations of this
section, violators may be subject to the following:
(1)
Violations of this section which endanger public health and safety
may be abated by, among other things, immediate removal by the Village
of the violating persons, objects, etc.;
(2)
Violations of this section which do not present an immediate threat
to public health and safety may be abated by the Village by removal
or otherwise within 24 hours of notice provided by the Village;
(3)
The Village shall keep an accounting of the expense of any abatement,
and such expenses shall be charged to and paid by the person or persons
in violation. An invoice for abatement costs shall be mailed to the
violator(s) and shall be payable within 10 calendar days. Within 60
days after such costs and expenses are incurred and remain unpaid,
and in addition to utilizing any other remedies, the Village Clerk-Treasurer
may enter those charges onto the tax roll as a special tax as provided
in § 66.0627, Wis. Stats. (as amended), against any property
the violator owns in the Village; and
(4)
The violator shall be subject to a civil forfeiture in an amount
set by the Village Board from time to time for each day of violation
of this section.
[Amended by Ord. No. 1538; Ord. No. 1638]
It shall be unlawful to refuse to pay for a service provided
in those situations where payment has been promised or there is an
implied promise to pay immediately upon completion of the service
provided.
[Amended by Ord. No. 1567]
A.
No person shall operate or ride a skateboard or other play vehicle
as defined in § 340.01(43m), Wis. Stats., in any of the
following places:
(1)
On any Village street;
(2)
On any sidewalk in the business district. For the purpose of this
section, "business district" shall be defined as any area in Zoning
District 6 or any other area primarily commercial in nature;
(3)
On any public property where signs prohibit it;
(4)
On private property, unless permission has been received from the
owner, lessee or person in charge of that property.
B.
Operators or riders of skateboards and other play vehicles shall
yield the right-of-way to pedestrians using Village sidewalks and
shall not otherwise endanger or interfere with pedestrian traffic
on those sidewalks.
[Amended by Ord. No. 1706]
It shall be unlawful for any person to do any of the following
acts within the limits of the Village:
A.
Generally. 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 that may be considered in determining whether such
alarm is warranted is the fact that the person takes flight upon appearance
of a police 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
officer shall, prior to any arrest for an offense under this section,
afford the person an opportunity to dispel any alarm that would otherwise
be warranted by requesting the person to identify himself or herself
and explain his or her presence and conduct.
B.
Dwelling areas. Hide, wait or otherwise loiter in the vicinity of
any private dwelling house, apartment building, planned unit development,
condominium project, hotel or motel, or any other place of residence
with the unlawful intent to watch, gaze or look upon the occupants
therein in a clandestine manner.
C.
Public restrooms. Loiter in or about any toilet open to the public
for the purpose of engaging in or soliciting any lewd or lascivious
conduct or any unlawful act.
D.
Schools. Loiter in or about any school or public place at or near
which children or students attend or normally congregate. As used
in this subsection, "loiter" means to delay, to linger or to idle
in or about any said school or public place without a lawful purpose
for being present.
E.
Public buildings. Lodge in any building, structure or place, whether
public or private, without the permission of the owner or person entitled
to possession or in control thereof.
F.
Restaurants, taverns. Loiter in or about any restaurant, tavern or
other public building or to remain upon the property immediately adjacent
thereto after being asked to leave by the owner or person entitled
to possession or in control thereof.
