Village of Pleasant Prairie, WI Chapter 250 Peace and Good Order

[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie 5-2-1988 as §§ 9.01 to 9.07, 9.10 to 9.14, 9.17 and 9.20 of the 1988 Code. Amendments noted where applicable.]

§ 250-1 Offenses against state law subject to forfeiture.

[Amended 3-20-1995; 4-18-2005 by Ord. No. 05-13; 8-4-2014 by Ord. No. 14-25; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The following 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 that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, § 1-4, of this Code:

97.627	Causing fires by tobacco smoking
110.075(7)	Producing/using inspection sticker fraudulently
134.06	Motor vehicle sales/bonus to chauffeur prohibited
173.10	Animals; investigation of cruelty complaints
175.25	Storage of junked automobiles
218.0146	Used cars/prohibited acts
218.0147	Motor vehicles/sale to minor
285.30(6)	Pollution by motor vehicle/failure to repair
939.05	Parties of crime
939.22	Words and phrases defined
940.19(1)	Battery; aggravated battery
941.10	Negligent handling of burning materials
941.12(2) and (3)	Interfering with fire fighting
941.13	False alarms
941.20(1)	Reckless use of weapon
941.23	Carrying concealed weapon
941.235	Carrying firearm in public building
943.01(1)	Criminal damage to property (less than $1,000)
943.07	Criminal damage to railroads
943.11	Entry into locked vehicle
943.125	Entry into locked coin box
943.13	Trespass to land
943.14	Criminal trespass to dwellings
943.20	Theft (less than $1,000)
943.21	Fraud on hotel or restaurant keeper (less than $1,000)
943.24	Issue of worthless checks (less than $1,000)
943.50	Shoplifting
943.61	Theft of library material (less than $1,000)
944.15	Fornication
944.20	Lewd and lascivious behavior
944.23	Making lewd, obscene or indecent drawings
944.30	Prostitution
944.31	Patronizing prostitutes
944.33	Pandering
945.01	Definitions relating to gambling
945.02	Gambling
945.04	Permitting premises to be used for commercial gambling
946.40	Refusing to aid officer
946.41	Resisting or obstructing officer
946.42	Escape
946.44	Assisting or permitting escape
946.70	Impersonating peace officer
946.72	Tampering with public records and notices
947.01	Disorderly conduct
947.012	Unlawful use of telephone
947.0125	Unlawful use of computerized communication systems
947.013	Harassment
947.06	Unlawful assemblies
948.60	Possession of a dangerous weapon by a person under 18
951.01 to 951.15	Crimes against animals
961.14(4)(t) to 961.41	Possession of marijuana; prohibited acts; penalties
961.571	Definitions (drug paraphernalia)
961.572	Determination
961.573	Possession of drug paraphernalia
961.574	Manufacture or delivery of drug paraphernalia
961.575	Delivery of drug paraphernalia to a minor
961.576	Advertisement of drug paraphernalia
961.577	Municipal ordinances

§ 250-2 Public consumption of alcoholic beverages; alcohol influence by underage persons.

[Amended 10-18-2010 by Ord. No. 10-53]

A. No person shall carry or expose to view any open can, bottle or other container which contains intoxicating liquor, wine or fermented malt beverage or drink from the same on any public walk or street, in any park or other public place in the Village or over which the Village has any lease or legal jurisdiction, or on any parking lot open to and available to the public, unless such public place shall have issued to it a license for the sale or use of such beverage.

B. Alcohol influence by underage persons prohibited.

(1) No underage person, as defined in § 125.02(20m), Wis. Stats., shall be under the influence of alcohol in the Village of Pleasant Prairie. Such prohibition is subject to the exceptions in § 125.07(4)(b), Wis. Stats.

(2) For the purposes of this section "under the influence" shall mean any detectable amount of alcohol in the underage person's blood or breath.

§ 250-3 Discharge of firearms restricted.

[Amended 6-18-2007 by Ord. No. 07-27; 9-8-2009 by Ord. No. 09-50; 9-4-2012 by Ord. No. 12-31; 10-7-2013 by Ord. No. 13-47; 8-4-2014 by Ord. No. 14-24; 11-2-2015 by Ord. No. 15-41]

A. No person shall fire or discharge any firearm, air rifle, spring gun or air gun (commonly referred to as "BB guns," "dart guns," "pellet guns" or "paintball guns") of any description or fire or discharge any instrument, bow and arrow, crossbow, slingshot or other weapon or device capable of discharging a single projectile, including an arrow, except this section shall not apply to the following:

(1) Any authorized officer of the law in the performance of his duties.

(2) At a shooting range, shotgun trap or skeet-shooting field, archery range, shooting gallery or public or private sportsman's range or club if allowed by the underlying zoning district.

(3) Gun salutes as a special function at a parade, program or funeral.

(4) The discharge of blank cartridges in a firearm suitable for their safe use when utilized as a starting signal device at athletic events or as a prop in any stage performance.

(5) Hunting.

(a) The discharge of a shotgun or use of a bow and arrow for hunting wild animals and birds under licenses issued pursuant to Ch. 29, Wis. Stats., including the hunting of deer during the State of Wisconsin gun and bow and arrow deer seasons.

(b) Anyone engaged in the discharge of a shotgun or use of bow and arrow for hunting wild animals and birds under this section shall comply with all state statutes and rules promulgated by the Department of Natural Resources pertaining to game, including but not limited to the following:

[1] State-designated hunting seasons, times, and zones.

[2] State limits on the number of game obtained per season.

[3] Safety measures.

[4] Acquisition of necessary permits and licenses.

[5] Penalties and fines for violations and noncompliance.

(6) Shooting or discharging a bow and arrow or crossbow.

(a) It shall be unlawful for a person to hunt with a bow and arrow or crossbow within a distance of 100 yards from a building located on another person's land. This restriction shall not apply if the person who owns the land on which the building is located allows the hunter to hunt with a bow and arrow or crossbow within the specified distance of the building. A building is defined as a permanent structure used for human occupancy and includes a manufactured home, as defined in § 101.91(2), Wis. Stats.

(b) A person who hunts with a bow and arrow or crossbow shall discharge the arrow or bolt from the weapon toward the ground.

B. Transporting weapons. No person shall possess, use or transport, while on the lands of another, within the Village, any firearm, air gun or other weapon or device capable of discharging a missile, unless the express permission of the owner or occupant of such land has been first obtained.

C. Hunting and trapping prohibited. Hunting and/or trapping on all Village-owned property is prohibited.

D. It shall be illegal to discharge a firearm utilizing a single projectile in the area of the Village bordered by Sheridan Road on the west, Lake Michigan on the east, 128th Street (Illinois State Line) to the south and the Village boundary line to the north.

§ 250-4 Disorderly conduct.

No person shall engage in disorderly conduct or conduct himself or herself in a tumultuous, riotous or indecent manner.

A. Any of the following acts constitute disorderly conduct under this section, the enumeration of which shall not be deemed exclusive:

(1) Breach of the peace. In a public or private place, making, aiding or assisting in making any improper noise, riot, disturbance, breach of the peace or act tending to a breach of the peace or engaging in violent, abusive, boisterous or unreasonably loud or wrathful conduct under such circumstances in which such conduct tends to cause or provoke a disturbance or damage to public or private property.

(2) Assault. Assaulting or striking or intentionally injuring another person.

(3) Obscene language. Using any profane, obscene, vulgar or insulting language in such circumstances as tend to cause or provoke a disturbance.

(4) Fighting. Engaging in or aiding or abetting any fight or similar disturbance.

(5) Unlawful assembly. Collecting in crowds for unlawful purposes or for any purpose to the annoyance or disturbance of other persons.

(6) Intoxication. Being intoxicated in a public place or in any place to the unreasonable annoyance and disturbance of other persons.

(7) Obstructing officer. Resisting or obstructing a police officer in the performance of his or her duties or impersonating a police officer.

(8) Escape. Assisting any person in the custody of the police to escape or furnishing any weapon, controlled substance or intoxicating beverages to any person in police custody or interfering in any way with the police custody of any person under arrest.

(9) Furnishing intoxicants to juveniles. Furnishing, aiding or assisting in furnishing a controlled substance or an intoxicating beverage to any juvenile.

(10) False reporting. Filing any false report by any means whatever to any Village officer under such circumstances as to reasonably expect that such officer would make an investigation based on such report or under such circumstances as to mislead any such officer, or giving any false alarm of fire, danger or disturbance to any person.

[Amended 4-18-2005 by Ord. No. 05-13]

(11) Unlawful use of telephone. Making a telephone call with intent to unreasonably annoy another, whether or not conversation ensues.

(12) Prostitution or gambling. Keeping or maintaining or being in a place of prostitution or a gambling house or engaging in or soliciting unlawful sexual acts.

(13) Lewd and lascivious behavior. Engaging in obscene or indecent activities or entertainment, or any lewd or lascivious behavior, or appearing in a public place or in view of the public in a state of nudity.

(14) Stones or missiles. Throwing or discharging stones or missiles in a public place or at any person or property or using, brandishing or threatening to use any missile or dangerous weapon or object against any person or property.

(15) Obscene drawings or writings. Making any lewd, obscene or indecent drawing or writing in any public place or other place frequented by the public.

(16) Urination or defecation in public. Urinating or defecating outdoors in view of the public.

B. Disturbance of meeting. No person shall disturb or annoy any congregation, audience, public meeting, court session or lawful assembly of persons of any kind, or join with others in so doing.

C. Annoyance. No person shall maltreat or annoy any person in any public place.

D. Sleeping in vehicle. No person shall sleep in a motor vehicle on a public street within the Village between 10:00 p.m. and 6:00 a.m.

E. Disturbing the peace. No person shall disturb the peace and good order of the Village in any manner.

F. Mashing. No person shall improperly accost, ogle, insult, follow, pursue, lay hands on or otherwise molest any person of the opposite sex.

G. Begging. No person shall, in any public place or from place to place, beg or receive alms without written permission from the Village Board.

H. Damage to property. No person shall intentionally cause damage to any physical property of another without the other's consent.

I. Illegal entry into vehicle. No person shall intentionally enter the enclosed portion or compartment of the vehicle of another without consent and with intent to steal therefrom or take possession thereof.

J. Concealed weapon. No person, except a peace officer, shall go armed with a concealed and dangerous weapon, except as specifically allowed by § 175.60 or 66.0409(6), Wis. Stats., and other applicable laws of the State of Wisconsin, and in strict compliance therewith.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

K. Threats with weapons. No person shall display in a threatening manner any dangerous weapon, including but not limited to any pistol, slingshot, knuckles of brass, lead or metal or any knife or object capable of being used as a weapon.

L. Nunchakus. No person, except a peace officer, shall make, manufacture, sell or offer to sell or possess or go armed with Nunchakus or similar devices.

M. Switchblade knives. No person shall manufacture, sell or offer to sell, transport, purchase, possess or go armed with any knife having a blade which opens by pressing a button, spring or other device in the handle or by gravity or by a thrust or movement.

N. Trespass. No person, without lawful authority or express or implied consent of the owner or occupant or his agent, shall do any of the following:

(1) Enter any land, property, building or structure of another;

(2) Enter on, swim or fish from or in any body of water of another;

(3) Enter on any Village property or park after the posted closing time; or

(4) Fail or refuse to leave the land, building, structure or property of another when requested to do so by the owner, occupant or an agent or authorized representative of such owner or occupant.

O. Possession of intoxicants by juveniles. No person under 21 years of age shall have in his possession or control any intoxicating beverage. This prohibition is subject to the exceptions in § 125.07, Wis. Stats., and does not apply to a person 18 years of age or older who has been issued an operator's license under § 125.17, Wis. Stats.

[Amended 4-18-2005 by Ord. No. 05-13; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 250-5 Sale and use of fireworks.

Section 167.10, Wis. Stats., regulating the sale and use of fireworks, exclusive of any penalty imposed thereby, is adopted by reference and made a part of this chapter as though set forth in full.

§ 250-6 Obstructing streets and sidewalks.

No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Village in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress to or egress from any place of business or amusement or any church, public hall or meeting place.

§ 250-7 (Reserved) [1]

[1] Editor's Note: Former § 250-7, Public urination or defection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 250-8 Loud and unnecessary noise.

[Amended 12-6-1999]

A. Generally. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which endangers the health, safety or welfare of the community or which annoys, disturbs, injures or endangers the comfort, rest, health, peace or safety of a person of ordinary sensibilities within the Village of Pleasant Prairie.

B. Unlawful acts enumerated. The following acts, among others, are declared to be loud, unnecessary and disturbing and a danger to the health, safety or welfare of the community and its people, in violation of Subsection A above, but the following shall not be deemed to be exclusive:

(1) Using, operating or permitting to be played, used or operated any radio, television, hi-fi, stereo, phonograph or other machine or device for the producing or reproducing of sound which would be intolerable to a reasonable person.

(2) Yelling, shouting, hooting, whistling or singing or the making of loud and disturbing noises by the use of clappers, bells, horns, musical instruments or similar devices at any time or place so as to unreasonably annoy or disturb the quiet, comfort or rest of any person in any residence, hospital, school, place of business, street or public place.

(3) The use of any automobile, motorcycle, truck or vehicle so out of repair or loaded, accelerated and decelerated, or operated in such a manner, as to create loud and unnecessary grating, grinding, rattling or other noise.

(4) The operation or use of any power lawn mower, chain saw or the like between the hours of 10:00 p.m. and 7:00 a.m., with the exception of snowblowers or in the case or an emergency.

[Amended 12-19-2007 by Ord. No. 07-53]

(5) Outdoor concerts, except in accordance with permits first obtained from the Village.

(6) Any construction, excavation, demolition, alteration or repair which creates a noise disturbance between the hours of 10:00 p.m. and 7:00 a.m., except in case of urgent necessity in the interest of public health and safety.

(7) Frequent or continuous barking, yelping, whining or cries or any other domestic animal sound to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities.

(8) No amplified sound shall be allowed within a residential district between the hours of 10:00 p.m. and 7:00 a.m. that can be heard beyond the property boundaries.

[Added 5-17-2010 by Ord. No. 10-30]

§ 250-9 Loitering.

A. Generally. 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, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a police or peace officer shall, prior to any arrest for an offense under this subsection, 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. Obstruction of traffic by loitering. No person shall loaf or loiter in a group or crowd 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 streets, alleys, sidewalks, street crossings or bridges or other public places by persons passing along and over the same.

C. Loitering after being requested to move.

(1) In groups or crowds. No person shall loaf or loiter in a group or a crowd upon the public streets or sidewalks or in adjacent doorways or entrances, on 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.

(2) In places of public assembly or use. No person shall loiter, lounge or loaf in or about any depot, theater, dance hall, restaurant, store, public sidewalk, public parking lot or other place of assembly or public use after being requested to move by any police officer. Upon being requested to move, a person shall immediately comply with such request by leaving the premises or the area thereof.

(3) Obstructing highways. 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.

D. Prohibited activity. No person may stand, sit or stay upon any median in a designated roadway or highway due to the safety concerns for both pedestrians and the motoring public. A "median" is defined as a paved or unpaved area dividing a street or highway that separates lanes of traffic. This provision does not apply to:

[Added 7-17-2017 by Ord. No. 17-35]

(1) Persons using a crosswalk to cross a street or roadway.

(2) Law enforcement officers, fire rescue officers or any public employee acting within the scope of their duties.

§ 250-10 Littering.

No person shall throw any glass, refuse, waste, filth or other litter upon the streets, alleys, highways, public parks or other property of the Village or upon any private property or upon the surface of any body of water within the Village.

§ 250-11 Obedience to officers.

No person shall resist or interfere with any officer of the Village while such officer is doing any act in his official capacity and with lawful authority, nor shall any person refuse to assist an officer in carrying out his duties when so requested by the officer.

§ 250-12 Open wells and other dangerous openings.

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 such design, size and weight that the same cannot be removed by small children.

§ 250-13 Abandoned refrigerators and other containers.

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 unless such door or lid, snap lock or other locking device has been removed from such icebox, refrigerator or container or unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.

§ 250-14 Sale, possession and use of cigarettes and tobacco, nicotine and vapor products by minors.

[Added 11-4-2019 by Ord. No. 19-40[1]]

A. The provisions of § 134.66, Wis. Stats., pertaining to restrictions on sale or gift of cigarettes or nicotine or tobacco products and § 254.92, Wis. Stats., pertaining to purchase or possession of cigarettes or tobacco products by person under 18 and any subsequent amendments are adopted by reference, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, § 1-4, of this Code.

B. No person shall sell, give or otherwise furnish to any person under the age of 18 years any vapor product as defined in § 139.75(14), Wis. Stats., nor shall any person under the age of 18 years purchase, acquire, possess or use any such vapor product.

[1] Editor's Note: This ordinance also repealed former § 250-14, Open burning, as amended.

§ 250-15 Use of video imaging and photographic devices in certain public places.

[Added 4-19-2004 by Ord. No. 04-24]

A. Definitions. As used in this section, the following terms shall have the meanings indicated.

IMAGING DEVICE

Any device which can be used to capture, record and store a digital video, analogue video or photographic image or images, moving or not, including but not limited to digital and photographic cameras, including those mounted on cellular telephones and personal digital assistants or camcorders.

PRIVACY FACILITIES

Any facilities open to the public and intended to provide privacy for the purpose of disrobing, showering, attending to bodily functions, changing clothes or sleeping, including but not limited to any rest room, locker room, shower facility, bathhouse, motel/hotel room or retail store changing room.

B. Prohibition.

(1) No person shall use any video imaging or photographic device in any privacy facility in the Village of Pleasant Prairie. A use of such device will have occurred if the video portion of the device is powered on, regardless of whether or not an image was captured or stored.

(2) It shall not be a violation of this section to use the non-video-imaging functions of any cellular phone or personal digital assistant in a privacy facility.

C. Penalty. Any person who violates any provision of this section shall be subject a penalty as provided in Chapter 1, § 1-4, of this Code.

§ 250-16 Smoking prohibited.

[Added 9-20-2010 by Ord. No. 10-52[1]]

A. State laws adopted. The provisions of § 101.123, Wis. Stats., and any subsequent amendments or modifications are adopted as if more fully set forth herein. Anyone violating this section shall be subject to the forfeitures set forth in § 101.123, Wis. Stats.

B. Enforcement. The Police Chief, Fire Chief and inspectors or their designees shall have the authority to enforce this section and may enter premises subject to this section to conduct compliance inspections.

C. Violations and penalties. Penalties for violations of this section shall be in accordance with those specified in § 101.123(8), Wis. Stats., plus any statutorily allowed costs.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[1] Editor's Note: This ordinance also provided for the renumbering of former § 250-16, Violations and penalties, as § 250-17.

§ 250-17 Violations and penalties.

A. Generally. Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code.

B. Damage to property. In addition to any penalty imposed for violation of § 943.01(1), Wis. Stats., 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 § 943.01(1), Wis. Stats., may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.

C. Confiscation of weapons. Any weapon involved in an offense under § 250-3 or 250-4 of this chapter may be seized by the Pleasant Prairie police for examination and for use as evidence. If the weapon is owned by a person convicted under this chapter, it shall be confiscated by the Police Department and disposed of according to Department policy and state law. If it is owned by a person other than the person convicted, the trial judge may decide whether such weapon shall be returned to its rightful owner or disposed of by the Police Department.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

D. Violation of §§ 250-1 and 250-4A(12). Any person who shall violate § 250-1 or 250-4A(12) of this chapter, as those sections relate to prostitution, patronizing prostitutes or pandering, shall, upon conviction thereof, be subject to the provisions of Chapter 1, § 1-4A to C, provided that the forfeitures for these violations shall be $2,000 for his or her first offense, $3,000 for his or her second offense within a calendar year of the first offense, and $5,000 for each additional offense within a calendar year of the first offense.

[Added 1-7-2013 by Ord. No. 13-03]