A.
Discharge and possession of firearms regulated. No
person, except a police officer or other law enforcement officer in
the performance of an official duty, shall fire or discharge any firearm,
rifle, spring gun, air gun or pneumatic pellet gun of any description
within the Village.
B.
Shooting into Village limits. No person shall, in
the territory adjacent to the Village, discharge any firearm in such
manner that the discharge shall enter or fall within the Village.
C.
Shooting ranges. This section shall not prevent the
maintenance and use of duly supervised rifle or pistol ranges or shooting
galleries approved by the Village Board, after an advisory recommendation
from the Chief of Police, where proper safety precautions are taken.
D.
Explosive devices. No person shall discharge or detonate
any dynamite, nitroglycerin or other explosive within the Village
without first obtaining a permit to do so from the Village Board.
E.
Hunting prohibited. Hunting is prohibited within the
corporate limits of the Village of Orfordville.
F.
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 that 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.
G.
Definitions. For purposes of this section, "firearm"
is defined as any instrumentality from or with which a shot, bullet
or pellet may be discharged or expelled, regardless of whether the
propelling force is provided by air, spring or other similar mechanical
device, or gunpowder.
[1]
Editor’s Note: Former § 240-3, Weapons, was repealed
7-11-2016.
It shall be unlawful for any person to discharge
or throw by any means any dangerous missile, object, arrow, stone,
snowball or other missile at any person or property within the Village
of Orfordville; provided, however, that upon written application to
the Chief of Police and Village Board a person may be granted permission
by the Village Board to construct and maintain supervised archery
ranges if, in the opinion of the Village Board, the construction or
maintenance of such ranges will not endanger the public health and
safety. In addition, persons may discharge arrows on their property
for target practice purposes, provided that adequate precautions are
taken to protect the public.
[Amended 5-10-2004 by Ord. No. O-2004-01]
A.
Harassment. No person, with intent to harass or intimidate
another person, shall do any of the following. Each instance shall
be considered a separate violation.
B.
Harassing or obscene telephone calls. Whoever commits any of the following acts shall be subject to the general penalty as provided in Chapter 1, General Provisions, § 1-5 of this Code:
(1)
Makes any comment, request, suggestion or proposal
which is obscene, lewd, lascivious or indecent.
(2)
Makes a telephone call, whether or not conversation
ensues, with the intent to abuse, threaten or harass any person at
the called number or numbers.
(3)
Makes or causes the telephone of another repeatedly
or continuously to ring, with intent to harass any person at the called
number or numbers.
(4)
Makes repeated telephone calls, during which conversation
ensues, solely to harass any person at the called number or numbers.
(5)
Knowingly permits any telephone under his control
to be used for any purpose prohibited by this section.
(6)
In conspiracy or concerted action with other persons,
makes repeated calls or simultaneous calls solely to harass any person
at the called number or numbers.
No person shall sell, expose or offer for sale, use, keep, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Village unless he shall be authorized by a fireworks permit as provided in Chapter 172, Fireworks, of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all rockets or similar missiles containing explosive fuel.
A.
Obstructing streets. No person shall loiter, cause
a nuisance or engage in any sport or exercise on any public street,
sidewalk, bridge or public ground within the Village in such manner
as to:
(1)
Prevent or obstruct the free passage of pedestrian
or vehicular traffic thereon;
(2)
Prevent or hinder free ingress or egress to or from
any place of business or amusement, church, public hall or meeting
place; or
(3)
Cause a nuisance by congregating and hindering the
free passage of pedestrian or vehicular traffic.
B.
Obstructing sidewalk prohibited. No person shall block
any sidewalk or bridge by obstructing the same so that it is impossible
for a pedestrian to travel along the sidewalk without leaving the
sidewalk and walking on adjacent property or on the street.
C.
BLOCK
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
Definitions. As used in this section, the following
terms shall have the following meanings, unless the context clearly
indicates that a different meaning is intended:
To interfere with unobstructed travel by any means, including
but not limited to standing on the part of the walk that is fit for
travel, or placing any object or vehicle whatsoever on such walk.
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the Village of Orfordville.
To interfere with unobstructed travel by any means, including
but not limited to standing on the part of the walk that is fit for
travel, or placing any object or vehicle whatsoever on such sidewalk.
Any sidewalk owned or maintained by the Village. The term
shall not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
D.
Free speech. This section shall not be interpreted
as prohibiting any person from stopping on any sidewalk to talk or
to make a speech, provided that such person shall not stand in such
a location that it is impossible for any pedestrian to travel along
the sidewalk without leaving the sidewalk and walking on adjacent
property or on the street. If two or more persons are engaged in talking
while stopped on a sidewalk, they shall not stand in such location
as to completely prevent any pedestrian from passing them on the sidewalk.
A.
General regulation of loitering. 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 law enforcement
officer, refuses to identify himself or manifestly endeavors to conceal
himself or any object. Unless flight by the person or other circumstance
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 identify himself and 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.
Public property loitering prohibited.
(1)
No person shall loiter in or about any public street,
public sidewalk, street crossing, alley, bridge, public parking lot
or other place of assembly or public use after being requested to
move by any police officer.
(2)
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.
C.
Private property loitering prohibited.
(1)
No person shall loiter in or about any private premises
or adjacent doorways or entrances or upon private property held out
for public use, including but not limited to business or industry
parking lots or shopping malls, without invitation from the owner
or occupant or by any person in authority at such places.
(2)
Upon being requested to move by any such person in
authority or by any police officer, 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 § 11-2-7(d), Loitering or prowling prohibited, and (e), Loitering by underage persons where alcohol beverage is dispensed, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 100, Alcohol Beverages, § 100-3, Underage persons in places of sale.
A.
Trespass to land. No person shall enter or remain
on any land after having been notified by the owner or occupant not
to remain on the premises.
B.
Trespass to dwelling. No person shall intentionally
enter the dwelling of another without the consent of some person lawfully
upon the premises, under circumstances tending to create or provoke
a breach of the peace.
A.
Loud and unnecessary noise prohibited. It shall be
unlawful for any person to make, continue or cause to be made or continued
any loud and unnecessary noise.
B.
Types of loud and unnecessary noises. The following
acts are declared to be loud, disturbing and unnecessary noises in
violation of this section, but this enumeration shall not be deemed
to be exclusive:
(1)
Horns and signaling devices. The sounding of any horn
or signaling device on any automobile, motorcycle or other vehicle
on any street or public place in the Village for longer than three
seconds in any period of one minute or less, except as a danger warning;
the creation of any unreasonably loud or harsh sound by means of any
signaling device and the sounding of any plainly audible device for
an unnecessary and unreasonable period of time; the use of any signaling
device except one operated by hand or electricity; the use of any
horn, whistle or other device operated by engine exhaust; and the
use of any signaling device when traffic is for any reason held up.
(2)
Radios, phonographs and similar devices. The using,
operating or permitting to be played, used or operated any radio receiving
set; musical instrument, phonograph or other machine or device for
the producing or reproducing of sound in a loud and unnecessary manner.
The operation of any set, instrument, phonograph, machine or device
between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be
plainly audible at the property line of the building, structure or
vehicle in which it is located shall be prima facie evidence of a
violation of this section.
(3)
Loudspeakers and amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting attention of the public to any
building or structure. Announcements over loudspeakers can only be
made by the announcer in person and without the aid of any mechanical
device.
(4)
Animals and birds. The keeping of any animal or bird
which causes frequent or long-continued unnecessary noise.
(5)
Steam whistles. The blowing of any steam whistle attached
to any stationary boiler except to give notice of the time to begin
or stop work or as a warning of fire or danger or upon request of
proper Village authorities.
(6)
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine or motor
boat except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(7)
Construction or repair of buildings. The erection
(including excavation), demolition, alteration or repair of any building,
as well as the operation of any pile driver, steam shovel, pneumatic
hammer, derrick, steam or electric hoist, or any other similar equipment
attended by loud or unusual noise, other than between the hours of
7:00 a.m. and 9:00 p.m.; provided, however, that the Building Inspector
shall have the authority, upon determining that the loss or inconvenience
which would result to any party in interest would be extraordinary
and of such nature as to warrant special consideration, to grant a
permit for a period necessary within which time such work and operation
may take place within the hours of 9:00 p.m. to 7:00 a.m.
(8)
Schools, courts, churches and hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while in use, or adjacent to any hospital,
which unreasonably interferes with the normal operation of that institution,
or which disturbs or unduly annoys patients in the hospital, provided
that conspicuous signs are displayed in those streets indicating a
school, hospital or court street.
(9)
Exhaust (jake) brakes. The creation of excessive noise
by motor vehicles, typically large trucks, by the use of exhaust brakes
commonly known as “jake brakes” unless such brakes are
necessarily used in an emergency situation.
[Added 8-8-2005[1]]
[1]
Editor's Note: This ordinance also renumbered
former Subsection B(9) as Subsection B(10).
(10)
The provisions of this section shall not apply
to:
(a)
Any vehicle of the Village while engaged in
necessary public business.
(b)
Excavations or repairs of streets or other public
construction by or on behalf of the Village, county, or state at night
when public welfare and convenience render it impossible to perform
such work during the day.
(c)
The reasonable use of amplifiers or loudspeakers
in the course of public addresses which are noncommercial in nature.
C.
Permits for amplifying devices.
(1)
Permit required. The use of loudspeakers or amplifying
devices on the streets or in the parks of the Village of Orfordville
is prohibited unless the party desiring to use such loudspeaker or
amplifying device first obtains a permit from the Chief of Police.
(2)
Grounds or reasons for denial or allowance. The Chief
of said Police Department shall have the authority to revoke such
permit when he believes such loudspeaker or amplifying device is becoming
a nuisance because of the volume, the method in which it is being
used or the location in which it is being operated.
(3)
Time restrictions. The Chief of Police shall not grant
a permit to use a loudspeaker or amplifying device before the hour
of 9:00 a.m. or after 11:00 p.m., nor shall a permit be granted to
anyone who, in the opinion of the Chief of Police, uses said loudspeaker
or amplifying device in such a manner or for such a purpose as to
constitute a nuisance.
(4)
Exceptions. The regulation of the use and times for
use of amplifying devices may be modified by the Village Board.
A.
Disorderly conduct prohibited. No person within the
Village of Orfordville shall:
(1)
In any public or private place engage in violent,
noisy, riotous, abusive, indecent, profane, boisterous, unreasonably
loud or otherwise disorderly conduct which tends to cause or provoke
an immediate disturbance of public order or tends to annoy or disturb
any other person.
(2)
Intentionally cause, provoke or engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
B.
Disorderly conduct with motor vehicle. No person shall
make unnecessary and annoying noises with a motor vehicle, including
motorcycles and all-terrain vehicles, by squealing tires, excessive
acceleration of the engine or by emitting unnecessary and loud muffler
noise.
C.
Defecating or urinating in public places. It shall
be unlawful for any person to defecate or urinate outside of designed
sanitary facilities, upon any sidewalk, street, alley, public parking
lot, park, playground, cemetery or other public area within the Village,
or upon any private property in open view of the public, or in the
halls, stairways or elevators of public or commercial buildings, or
to indecently expose his person.
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, tetrahydrocannabinois 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.
It shall be unlawful for any person to fail
to obey the direction or order of a police officer while such police
officer is acting in an official capacity in carrying out his or her
duties.[1]
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or
other disciplinary procedures excluding him from attending any school
located within the Village or any person not a student presently enrolled
or not an employee of such school or not a parent or guardian of a
student, or not an otherwise authorized person, shall be present within
any school building or upon any school grounds 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.
(2)
Any unauthorized person who shall come upon school property and refuses to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3)
"Authorized person" shall include:
(a)
Any person who is present at any school building
or school grounds for a purpose previously authorized by the school
or its designee.
(b)
Any person transporting a student and who utilizes
the driveway specified for loading and unloading personnel.
(c)
Any person utilizing a designated area for attending
an athletic or other organized school event.
B.
Disorderly conduct on public school property.
(1)
No person shall, on any school property or building,
engage in violent, abusive, loud or otherwise disorderly conduct which
causes or provokes an immediate disturbance of public order or disturbs
or annoys any other person, nor shall a person intentionally engage
in any fight, brawl, riot or noisy altercation other than a bona fide
athletic contest.
(2)
Nonstudents, students from schools other than the
school on the property or students from a school who are not in compliance
with the school system's published rules and regulations shall be
considered in violation of this section. The published rules and regulations
of the school system are incorporated as if fully set forth herein.
(3)
All entrances to the school buildings referred to in Subsection A shall be posted with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."
(4)
"Unauthorized presence" shall include any vehicle
that is found on school property which has not received permission
to be there. If the occupants or owners are not on school property
for some legitimate business or activity or are parked in an area
that restricts parking to certain authorized vehicles, they are in
violation. Such vehicle may be issued a Village summons that regulates
parking or may be towed away at the direction of the school principal
or person in charge of such school building. Law enforcement officers
may also have any vehicle towed away which, because of its location,
creates a hazard to life or property.
C.
Loitering near school prohibited. No person not in
official attendance or on official school business shall enter into,
congregate, loiter or cause a nuisance in any school building in the
Village of Orfordville or upon any school district grounds or within
adjacent posted school zones on any day when such schools are in session.
D.
Possession of intoxicating liquor and fermented malt
beverages. No person shall possess intoxicating liquor or fermented
malt beverages while on any school property.
A.
No smoking. No person shall be permitted to smoke
on school grounds except as provided herein.
B.
SCHOOL GROUNDS
TO SMOKE or SMOKING
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any premises owned or rented by or under the control of a
school board located within the confines of the Village of Orfordville.
Carrying a lighted cigar, cigarette, pipe, ENDS (as defined in § 288-2 of the Village Ordinances), or any other lighted smoking equipment.
[Amended 2-24-2020]
C.
Exception. Smoking on such school grounds may be permitted
if the school board which has control of the school grounds determines
by resolution properly adopted that persons who rent all or a portion
of the school grounds for noneducational purposes may be permitted
to smoke when using the school grounds for such purposes.
D.
Penalties.
(2)
Any child between 14 and 17 years of age violating
the provisions of this section shall be subject to a forfeiture of
not more than $25. Any such forfeiture order shall include a finding
that the child alone is financially able to pay.
(3)
If a child fails to pay the forfeiture within six
months, the court may suspend the child's operating privileges as
defined in § 340.01(40), Wis. Stats., for not less than
30 nor more than 90 days. The court, upon such suspension, shall immediately
take possession of the suspended license and forward it to the Department
of Motor Vehicles which issued the license, together with a notice
of suspension clearly stating that the suspension is for failure to
pay the forfeiture imposed by the court. If the forfeiture is paid
during the first 30 days after the license is suspended, the suspension
shall be reduced to a minimum period of 30 days. If the forfeiture
is paid after the first 30 days, the court shall immediately notify
the Department which shall thereupon, after processing, return the
license to such person.
