[HISTORY: Adopted by the Village Board of the Village of Gresham as §§ 9.01 through 9.08, 9.10 through 9.16, 9.18 through 9.26 and 9.30 of the prior Code. Amendments noted where applicable.]
A. 
The following Wisconsin Statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Village, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under § 1-3 of this Code.
(1) 
Section 173.10, Investigation of Cruelty Complaints.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
Section 173.24, Reimbursement for Expenses.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3) 
Section 346.935, Intoxicants in Motor Vehicles.
(4) 
Section 939.22(21)(mg), Criminal damage to or threat to criminally damage the property of a witness, as prohibited in § 943.011 or 943.017 (2m).
(5) 
Section 940.19(1), Battery.
(6) 
Section 940.201, Battery or Threat to Witnesses.
(7) 
Section 940.225(3m), Fourth degree sexual assault.
(8) 
Section 940.34, Duty to Aid Victim or Report Crime.
(9) 
Section 941.01, Negligent Operation of Vehicle.
(10) 
Section 941.30, Recklessly Endangering Safety.
(11) 
Section 941.10, Negligent Handling of Burning Material.
(12) 
Section 941.12, Interfering with Fire Fighting.
(13) 
Section 941.13, False Alarms.
(14) 
Section 941.20, Endangering Safety by Use of Dangerous Weapon.
(15) 
Section 941.21, Disarming a Peace Officer.
(16) 
Section 948.60, Possession of a Dangerous Weapon by a Person Under 18.
(17) 
Section 941.23, Carrying Concealed Weapon.
(18) 
Section 941.26(4)(L), Possession of oleoresin of aspicum (pepper spray).
(19) 
Section 941.35, Emergency Telephone Calls.
(20) 
Section 941.37, Obstructing Emergency or Rescue Personnel.
(21) 
Section 942.08, Invasion of Privacy.
(22) 
Section 943.01(1), intentional damage to property.
(23) 
Section 943.017, Graffiti.
(24) 
Section 943.06, Molotov Cocktails.
(25) 
Section 943.11, Entry Into Locked Vehicle.
(26) 
Section 943.125, Entry into Locked Coin Box.
(27) 
Section 943.13, Trespass to Land.
(28) 
Section 943.14, Criminal Trespass to Dwellings.
(29) 
Section 943.15, Entry onto a Construction Site or into a Locked Building, Dwelling or Room.
(30) 
Section 943.20, Theft.
(31) 
Section 943.201, Unauthorized Use of an Individual's Personal Identifying Information or Documents.
(32) 
Section 943.22, Use of Cheating Tokens.
(33) 
Section 943.24, Issue of Worthless Check.
(34) 
Section 943.34(1), Receiving Stolen Property.
(35) 
Section 948.63, Receiving Property from a Child.
(36) 
Section 943.37, Alteration of Property Identification Marks.
(37) 
Section 943.50, Retail Theft; Theft of Services.
(38) 
Section 944.20, Lewd and Lascivious Behavior.
(39) 
Section 944.23, Making Lewd, Obscene or Indecent Drawings.
(40) 
Section 944.30, Prostitution.
(41) 
Section 944.31, Patronizing Prostitutes.
(42) 
Section 944.33, Pandering.
(43) 
Section 944.34, Keeping Place of Prostitution.
(44) 
Section 944.36, Solicitation of Drinks Prohibited.
(45) 
Section 945.02, Gambling.
(46) 
Section 945.03, Commercial Gambling.
(47) 
Section 945.04, Permitting Premises to be Used for Commercial Gambling.
(48) 
Section 946.40, Refusing to Aid Officer.
(49) 
Section 946.41, Resisting or Obstructing Officer.
(50) 
Section 946.415, Failure to Comply with Officer's Attempt to Take Person into Custody.
(51) 
Section 946.42, Escape.
(52) 
Section 946.44, Assisting or Permitting Escape.
(53) 
Section 946.65, Obstructing Justice.
(54) 
Section 946.66, False complaints of Police Misconduct.
(55) 
Section 946.70, Impersonating Peace Officers, Fire Fighters, or Other Emergency Personnel.
(56) 
Section 946.72, Tampering with Public Records and Notices.
(57) 
Section 947.01, Disorderly Conduct.
(58) 
Section 947.013, Harassment.
(59) 
Section 947.015, Bomb Scares.
(60) 
Section 947.06, Unlawful Assemblies and Their Suppression.
(61) 
Section 948.40, Contributing to the Delinquency of a Child.
(62) 
Section 948.015, Other Offenses Against Children.
(63) 
Section 948.11, Exposing a Child to Harmful Material or Harmful Descriptions or Narrations.
(64) 
Sections 951.01 through 951.15, Crimes Against Animals.
A. 
Definitions. For the purpose of this section, the following definitions shall apply:
FIREARM
Any weapon which acts by force of gunpowder.
OTHER DANGEROUS WEAPON
Includes bow and arrow, crossbow, sling shot, blow gun, air guns and BB guns, and other similar weapons.
PUBLIC BUILDING
Any building owned by the Village, the county or the school district.
B. 
Possession of firearms in public place prohibited. In addition to the provisions of Subsection C below, no person except duly authorized city, Village, county, state or federal law enforcement officers specifically authorized by law to carry firearms shall possess a firearm while in any public building, as defined in Subsection A above, within the Village as provided in § 941.235, Wis. Stats., within any school zone as provided in § 948.605, Wis. Stats., or goes armed with a handgun into a tavern as provided in § 941.237, Wis. Stats.
C. 
Use of firearms regulated. No person except an authorized police officer shall discharge any firearm within the Village.
D. 
Use of other dangerous weapons regulated. No person shall shoot or discharge any other dangerous weapon anywhere in the Village.
No person shall throw or shoot any object, arrow, stone, snowball or other missile or projectile by hand or by any other means at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the Village.
A. 
Prohibited. Subject to Subsection B below and subject to the exception provided in § 961.41(3g), Wis. Stats., no person shall possess marijuana, as defined in § 961.01(14), Wis. Stats.
B. 
Exceptions. This section shall not apply to a person who possesses more than 25 grams of marijuana or to a person who is charged with possession of any amount of marijuana following a conviction for possession of marijuana in this state.
C. 
Penalty. Any person who shall violate Subsection A above, except as provided in Subsection B above, shall, upon conviction, be subject to a forfeiture as provided in § 1-3 of this Code.
A. 
Definition. The definition of "fireworks" stated in § 167.10(1), Wis. Stats., is hereby adopted by reference.
B. 
Sale regulated. Except as provided in Subsection D below, no person shall sell, or possess with the intent to sell, fireworks.
C. 
Use regulated. Except as provided in Subsection D below, no person shall possess or use fireworks within the Village.
D. 
Village Fourth of July celebration. The Village may sponsor the Fourth of July fireworks celebration, which is to be held at the Gresham Athletic Park. Donations of money or time from the service clubs or others within the Village may be made to the Village.
E. 
Use of certain devices regulated. No person may use fireworks or devices listed in § 167.10(1)(e) to (g) and (i) to (n), Wis. Stats., including, but not limited to, caps, toy snakes, model rocket engines, sparklers or cone fountains at the Village Fourth of July celebration.
A. 
General. No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb a person of ordinary sensibilities in or about any public street, alley, park or waterway, or any private residence.
B. 
Public address systems and amplifiers. No person shall use or operate any public address system, amplifier or device which increases the volume of voice, music or other sounds so loud as to disturb the public peace or the quiet and peacefulness of the neighborhood unless authorized by the Village Board.
C. 
Construction and machinery noise. Except for Village employees, between the hours of 10:00 p.m. and 7:00 a.m., no person shall do construction work or operate any chain saw, lawn mower or any other loud machinery of a similar nature.
A. 
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 warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, or manifestly endeavors to conceal himself 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 him to explain his presence and conduct. No person shall be convicted of an offense under this subsection 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 was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
B. 
Obstruction of highway by loitering. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.
C. 
Obstruction of traffic by loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public place within the Village in such manner as to prevent, interfere with or obstruct the ordinary free use of such public sidewalks, streets, street crossings and bridges or other public places by persons passing along and over the same.
D. 
Loitering after being requested to move. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks or adjacent doorways or entrances, street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant after being requested to move by any police officer or by any person in authority at such places.
E. 
Loitering in public places. No person shall loiter, lounge or loaf in or about any dance hall, restaurant, store, public sidewalk, public parking lot or other place of assembly or public use after being requested to move by the owner or person in charge or any police officer. Upon being requested to move, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.[1]
[1]
Editor's Note: Original Sec. 9.07(6), Loitering in or on school property, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
See § 106-14 of this Code.
No person having in his possession or under his control any animal or fowl shall permit the same to run at large within the Village.
No person shall keep within the Village any animal except two dogs, two cats and other small animals usually kept as pets such as parakeets, canaries, hamsters, gerbils and similar animals, except upon permit issued by the Village Board. In issuing a permit for other animals such as rabbits, horses, cows, pigeons and the like, the Village Board shall consider the number of such animals expected to be kept, and the location and the likelihood of a public or private nuisance being created.
A. 
Prohibited. No person shall deposit any mud, glass, refuse or waste, filth or other litter upon the streets, highways, alleys, parks or other property of the Village or upon any private property or into or upon any body of water or stream within the Village.
B. 
Penalty. Any person found guilty of violating this section shall be subject to a forfeiture, as provided in § 1-3 of this Code, plus the cost of cleanup. Each day a violation continues shall constitute a separate violation.
A. 
Grass fires regulated. No person shall kindle any grass fire within the Village without first securing permission from the Fire Chief. The Fire Chief has authority, when and if issuing such a permit, to subject same to any conditions for the protection of life and property.
B. 
Trash burning restricted. No person shall kindle or cause to be kindled any fire in or upon any street, alley, public way, park or any public or private property within the Village within 15 feet of any building or within 10 feet of any property line or within any fire lane unless same be confined within a refuse burner, basket or metal enclosure with a metal cover attached to prevent the escape of sparks and burning material and unless so authorized in writing by the Fire Chief. No such permit shall be valid for more than one year from its date.
No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fastened in such manner as to prevent injury to any person, and any cover shall be of a design, size and weight that the same cannot be removed by small children.
No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock, or other locking device which may not be released from the inside, without first removing such door or lid, snap lock or other locking device from such icebox, refrigerator or container, unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.
No person shall operate any machine or equipment which causes interference with radio or television reception when such interference can be prevented by repairs, adjustments, the installation of corrective appliances or other practical alterations at a reasonable expense.
No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the Village or its departments or to any private person without the consent of the owner or proper authority.
It shall be unlawful for any person to take and carry away the property of another without the owner's consent. This offense shall include, but not be limited to, the operation of a vehicle, whether or not motorized, without the owner's consent.
A. 
Park hours. Village parks shall be closed to public use between the hours of 10:00 p.m. and 6:00 a.m., except as provided in Subsection A(1) and (2) below.
(1) 
Village personnel, in the performance of their duties, are not subject to park hours.
(2) 
The park closing hour for special events shall be 11:00 p.m.
B. 
Group park use permits.
(1) 
Persons, other than commercial enterprises, may apply for a special events permit by filing an application with the Village Clerk. See Village Fee Schedule in the office of the Village Clerk.
(2) 
The permittee shall display the permit upon request.
(3) 
Any Village police officer, for cause, may demand the forfeiture of the permit and order the group to leave the park.
C. 
Towing of unlawfully parked vehicles. The Police Chief is hereby authorized to order the towing of unlawfully parked vehicles in the park after closing hours. The cost of towing shall be paid by the owner prior to release of the vehicle.
A. 
Hazardous substance spills.
(1) 
DNR notification required. Any person who possesses or controls a "hazardous substance," as defined in § 144.01(4m), Wis. Stats., which has been discharged or spilled, or who causes the discharge or spilling of such hazardous substance, shall immediately notify the Wisconsin Department of Natural Resources of any such spill or discharge as required in § 292.11, Wis. Stats.
(2) 
Village notification. In addition to the notification required in Subsection A(1) above, the owner or the person causing the discharge of a hazardous substance shall immediately notify the Fire Chief of such spill or discharge.
B. 
Detrimental substance spills; notification. Any person who possesses or controls a discharged or spilled material, or causes a discharge or spill, which, although not a "hazardous substance," may be detrimental to the general, safety and welfare of Village residents, shall immediately notify the Fire Chief. Such detrimental substances may include, without limitations, food products and nitrates.
C. 
Cleanup required. Any person responsible for the discharge or spill of any hazardous or detrimental substance shall be responsible for cleanup within a time reasonable under the circumstances. In the event such cleanup is not completed within a reasonable time, the Village shall clean up and bill the person responsible.
D. 
Penalty. Any person responsible for a spill or discharge who does not provide the notification required under Subsections A(2) and B above shall be subject to a forfeiture as provided in § 1-3 of this Code.
A. 
Pet littering prohibited. No person owning, keeping, possessing or harboring an animal as a pet shall permit such animal to dig upon, soil, defile, defecate on or commit any nuisance on any private or public property.
B. 
Repair and removal required. Any person owning or having control of an animal kept as a pet on any property, public or private, which is not owned or occupied by such person shall promptly remove, in a sanitary manner, excrement left by such animal and place it in a proper receptacle or bury the same on property owned or occupied by such person and, to the extent any such pet may have littered or damaged property as described in Subsection A above, the person having control of said animal shall immediately repair and restore the area damaged by such pet.
C. 
Means of transmittal required. Any person causing or permitting an animal to be on any property, public or private, not owned or occupied by such person shall have in his immediate possession a device or object suitable for removal of excrement ("pooper scooper") together with a depository for the transmission of excrement to the property owned or occupied by such person.
D. 
Penalty. The owner of any pet, as well as persons keeping, possessing, harboring or having control of any such pet at the time a violation of this section occurs, shall, upon conviction, be subject to a forfeiture as provided in § 1-3 of this Code.
A. 
Loitering in or on school property.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Prohibited. No person not in official attendance or on official school business shall enter into, congregate, loiter, wander or stand in or on any public or private school property within the Village. Any person who remains on school grounds after being asked to leave by the school principal, the principal's designee or a faculty member shall be presumed to be in violation of this subsection.
(2) 
Exceptions. The prohibition against loitering in this subsection shall not apply to students, school faculty and school staff personnel, or to those persons who are authorized to be on school grounds for legitimate reasons.
(3) 
Definitions. In this subsection, the terms used shall be defined as follows:
LEGITIMATE REASONS
Such reasons as attendance at school-related activities open to the public; school business; authorized meetings with school administrators, school faculty, students or school staff personnel; and any other valid reasons which justify the presence of someone on school grounds.
SCHOOL GROUNDS
Any school building in the Village and those areas surrounding any school building, including parking lots, which are either owned by the school district or normally used for school related activities.
B. 
It shall be unlawful for any student who is under suspension, expulsion or other discipline excluding him from attending any school located within the Village or for any person not a student presently enrolled to attend such schools or not an employee of such schools or not a parent or guardian of a student so enrolled, or not an otherwise authorized person, to be present within any school building or upon any school grounds under the jurisdiction of such schools without having first secured authorization to be there from the principal or other person in charge of the school building or school grounds, except while in direct route to secure such authorization.
C. 
"Authorized person" shall include the following:
(1) 
Any person who is present at any school building or school grounds for any purpose previously authorized by the school or its designee.
(2) 
Any person transporting a student and who utilizes the driveway specified for loading and unloading personnel.
(3) 
Any person utilizing a designated area for attending an athletic or other organized school event.
D. 
No person shall, in or on any school property or building located within the Village, engage in violent, abusive, indecent, profane, boisterous, unreasonable, loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to disturb or annoy any other person nor shall such person intentionally engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
E. 
Nonstudents, students from schools other than the school on the property or students from school who are not in compliance with the published rules and regulations of the particular school shall be considered in violation of this section, said published rules and regulations of the particular school being incorporated herein as if fully set forth herein.
F. 
Unauthorized presence shall include any person in any vehicle that is found on school property who has not received permission to be there or those occupants or owners who are not on school property for some legitimate business or activity or who is parked in an area that regulates parking to certain authorized vehicles. The owner of such vehicle may be issued a Village citation for violation of Village parking regulations or the vehicle may be towed away at the direction of the school principal or person in charge of such school building. The Police Department may also have any vehicle towed away which, because of its location, creates a hazard to life or property.
[Added by Ord. No. 1-08]
A. 
Prohibited. No person shall use a camper or mobile home for living or business purposes within the Village, except that permission may be granted by the Village Board for campers and recreational vehicles (RVs) for no longer than two five-day periods per year, for which a permit shall be obtained from the Village Clerk for a daily fee. Two permits per residence for five-day stays each.
B. 
Storage. Campers and mobile homes may be stored on the owner's property, provided that the camper or mobile home is not used for living or business purposes.
C. 
Penalty. Any person who violates this section shall be subject to a forfeiture of $75 per day.
A. 
Creation. Pursuant to § 66.0113, Wis. Stats., the Village hereby elects to use the citation method of enforcement of ordinances, including those ordinances for which a statutory counterpart exists.
B. 
Citation. The citation shall provide for the information required in § 66.0113(1)(b), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Deposits.
(1) 
Each citation issued under this section, except those to which Subsection C(4) below applies, shall specify a cash deposit as set forth in the Uniform Deposit and Misdemeanor Bail Schedules of the Wisconsin Judicial Conference or, where applicable, the Village Deposit Schedule, which is hereby adopted by reference, which consists of the appropriate forfeiture, the current penalty assessment, the jail assessment, the automation fee and court costs.
(2) 
Deposits shall be made in cash, money order or check to the County Clerk of Courts, who shall provide a receipt therefor.
(3) 
The penalty assessment and fees imposed under Subsection B(7) above shall be added to all forfeitures hereunder, except where said forfeitures are derived from citations issued for violations of ordinances for which state law controls or for ordinances involving nonmoving traffic violations. Said assessments shall be in an amount determined after deducting the court costs.
(4) 
The deposit, including costs, pertaining to any minor receiving a citation under this section shall in no event exceed the maximum penalties provided in Ch. 938, Wis. Stats.; costs and penalties shall not be assessed against minors unless Wisconsin law so provides.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Deposit schedule. Every police officer issuing a citation for any violation of this Code shall indicate on the citation the amount of the deposit, as provided in Subsection C above, that the alleged violator may make in lieu of court appearance.
E. 
Issuance of citation. Any law enforcement officer may issue citations authorized under this section.
F. 
Procedure. Section 66.0113(3), Wis. Stats., relating to a violator's options and procedure on default, is hereby adopted and incorporated herein by reference.
G. 
Nonexclusivity.
(1) 
Other ordinances. Adoption of this section does not preclude the Village Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.
(2) 
Other remedies. The issuance of a citation hereunder shall not preclude the Village or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-3 of this Code. In addition to any penalty imposed for violation of the statute listed in § 222-1A(20) of this chapter, 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 § 222-1A(20) may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.