[HISTORY: Adopted by the Common Council of
the City of Mayville 2-13-1989 by Ord. No. 695-89 as §§ 9.01,
9.03, 9.06 to 9.10, 9.13, 9.16, 9.17, 9.19, 9.20 and 9.30 of the 1989
Code. Amendments noted where applicable.]
[Amended by Ord. No. 697-89; Ord. No. 720-90B; Ord. No. 800-94; Ord. No. 848-97; Ord. No. 883-99; 5-10-2004 by Ord. No. 957-2004; 6-14-2004 by Ord. No. 959-2004; 3-10-2008 by Ord. No. 1006-2008]
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 City, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under § 1-4 of this Code: Chs. 23, 48, 167, 170, 172, 173, 174, 175, 938, 939, 940, 941, 943, 944, 945, 946, 947, 948, 951 and 961 and §§ 118.15, 118.16, 118.163, 346.935 and 895.035, Wis. Stats.
[Added by 10-8-2018 by Ord. No. 1102-2018]
A.
Concealed weapons. No person shall go armed with a concealed weapon
unless he or she has a valid permit issued by the state or is an authorized
peace officer or former peace officer duly authorized under § 175.49,
Wis. Stats. No person except a peace officer described by this section
shall go armed with a concealed weapon at any of the following locations:
(1)
Any building or facility owned or operated by the City of Mayville,
including but not limited to City Hall, the Police Department, the
Fire Department, the EMS building, the Department of Public Works,
the wastewater treatment plant, any school building, municipal water
towers, the library, and recreation centers.
(2)
Any privately owned building or facility where notice has been given
pursuant to § 943.13, Wis. Stats.
B.
Any weapons. No person, except an authorized peace officer or former
peace officer duly authorized under § 175.49, Wis. Stats.,
shall go armed with any weapon or firearm upon privately owned property
or at any government facility that is posted pursuant to § 943.13,
Wis. Stats.
[1]
Editor’s Note: Former § 317-2, Firearms and weapons,
added by Ord. No. 848-97 (§ 9.02 of the 1989 Code), as amended,
was repealed 10-8-2018 by Ord. No. 1100-2018.
[Added 10-8-2018 by Ord.
No. 1103-2018]
A.
Discharge of firearms prohibited. Except as provided this subsection,
no person shall fire or discharge any firearm, air rifle, spring or
air gun of any description, or any instrument which impels a missile
or pellet by compressed air, spring or other means within the City.
(1)
Exceptions. This subsection shall not apply to any of the following:
(a)
Any duly authorized law officer in the performance of his duties;
(b)
Any supervised rifle or pistol range or shooting gallery authorized
by the Common Council;
(c)
Any deer or animal control program duly authorized by the Common
Council;
(d)
Any discharge where the act would be justifiable and/or subject
to a defense under § 939.45, Wis. Stats.
B.
Throwing or shooting of projectiles at people or buildings prohibited.
No person shall throw or shoot any object, stone, arrow, bolt, 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 City. The Recreation
Department may, however, under proper supervision, conduct programs
which would otherwise violate this section.
C.
Permitted hunting with bow or crossbow. Hunting with a bow or crossbow is permitted within City limits subject to Subsections D through F of this section. All hunters must obtain proper licenses from the Wisconsin Department of Natural Resources and observe all applicable rules and regulations for the type of hunting conducted.
D.
Throwing, shooting or hunting with bow and arrow or crossbow on City
property unlawful. It shall be unlawful for a person to throw, shoot
or hunt with a bow and arrow or crossbow on or across any City-owned
or -leased property. The Common Council or the Director of Parks and
Recreation may authorize in writing supervised activities which violate
this section or designate areas of City property upon which bowhunting
is permitted.
E.
Throwing, shooting or hunting with bow and arrow or crossbow near
building unlawful. It shall be unlawful to throw, shoot or hunt with
a bow and arrow or crossbow within 100 yards of a building. This restriction
shall not apply if the person hunting has on his/her person the written
permission of the building owner to hunt within a specified distance
of the building. For purposes of this section, "building" means a
permanent structure used for human occupancy and includes a manufactured
home as defined in § 101.91(2), Wis. Stats.
F.
Discharge of bow or crossbow must be at ground. A person throwing,
shooting or hunting with a bow and arrow or crossbow must discharge
the arrow or bolt from the respective weapon toward the ground.
[1]
Editor's Note: Former § 317-3, Throwing or shooting
of arrows, stones and other missiles, as amended, was repealed 10-8-2018
by Ord. No. 1101-2018.
[Added by Ord. No. 890-99 (§ 9.05 of the 1989 Code)]
A.
Adoption of statute. Section 167.10, Wis. Stats.,
regulating fireworks is hereby adopted.
B.
Sale regulated. Except as provided in § 167.10(2)
and (4), Wis. Stats., no person shall sell or possess with intent
to sell fireworks.
C.
Use regulated. Except as provided in § 167.10(3), Wis. Stats., no person shall possess or use fireworks without a user's permit issued pursuant to Subsection D below.
D.
Permits.
(1)
The City Clerk shall issue the fireworks user's permit.
The Clerk shall require a certificate of liability insurance in the
minimum amount of $2,000,000. A copy of the permit and proof of insurance
shall be filed with the Clerk and copies of the permit shall be given
to the Fire Chief and the Chief of Police at least two business days
before the authorized use. The fee for a user's permit shall be as
set by the Common Council.
(2)
Seller's permit. A fireworks seller's permit may be
issued by the City Clerk upon completion of an application and presentation
of a certificate of liability insurance in the amount of $2,000,000.
The fee for a seller's permit shall be as set by the Common Council.
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 or park or any private residence.
B.
Sound-amplifying equipment. The following regulations
shall apply to the use of sound-amplifying equipment within the City:
(1)
Sound-amplifying equipment shall be permitted only
to publicize events of community-wide interest and importance which
are of a noncommercial nature.
(2)
The only sounds permitted shall be music and human
speech.
(3)
Sound-amplifying equipment shall be used only between
9:00 a.m. and 5:00 p.m.
(4)
No sound advertising shall be permitted on Sundays
or legal holidays.
(5)
The volume of sound shall be controlled so that it
will not be audible for a distance in excess of 200 feet from its
source and so that the volume of sound emitted therefrom shall not
be unreasonably loud, raucous, jarring, disturbing or a nuisance to
persons within the area of audibility.
C.
Construction and machinery noise. No person shall
do construction work or operate any chain saw, lawn mower or any other
loud machinery of similar nature between the hours of 9:00 p.m. and
7:00 a.m. except for emergencies. This provision shall not apply to
public works construction or any other government projects.
[Amended 5-8-2006 by Ord. No. 982-2006]
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,
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 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 City 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 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 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.
A.
Presence regulated. It shall be unlawful for any person
other than an authorized person, as hereinafter defined, to be present
within any school building or upon any school grounds under the jurisdiction
of the Board of Education of Joint School District No. 5, Mayville
Area Schools, without having first secured authorization therefor
from the principal or other person in charge of said premises, except
while in direct route to secure said authorization.
B.
Definition. Authorized persons shall include:
(1)
Students presently enrolled to attend school under
the jurisdiction of the Board of Education of said School District,
but excluding any student under suspension, expulsion, exemption or
other discipline prohibiting such student from attending school under
the jurisdiction of said School Board unless the terms of such prohibition
expressly permit such presence.
(2)
Employees of said School District.
(3)
Any parent or guardian of any student or employee.
(4)
Any person present at any school building or school
grounds for any purpose previously authorized by the Board of Education
of said District or its designee.
C.
Posting notice. All entrances to school premises referred to in Subsection A above shall be posted with notice that "Entry by Unauthorized Persons is Prohibited: § 317-7, Code of Mayville, Wisconsin." Any person who knowingly obliterates or otherwise defaces any such notice shall be subject to a penalty.
D.
Authorization display required. Any person shall, upon request of any police officer or the Superintendent of Schools, or the principal or other person in charge of any school building or school grounds under the jurisdiction of said School Board, display any written authorization to be present therein or thereon which may be in his possession or otherwise explain such facts as constitute "authorized person" status, defined in Subsection B above.
[Amended by Ord. No. 812-95]
A.
It shall be unlawful for any person to be on the grounds
of the Graceland Cemetery, the St. John's Cemetery and the St. Mary's
Cemetery from 1/2 hour after sunset to 1/2 hour before sunrise.
B.
Roller blades, skateboards and bicycles restricted.
It shall be unlawful for any person to roller-blade or skateboard
on the grounds of the Graceland Cemetery, the St. John's Cemetery
and the St. Mary's Cemetery. In addition, bicycles are only allowed
on the paved road through Graceland Cemetery, St. John's Cemetery
and St. Mary's Cemetery.
[Added by Ord. No. 813-95]
[Amended by Ord. No. 720-90B]
A.
LICENSED PREMISES
PUBLIC PARKING LOT
PUBLIC PROPERTY
Definitions. For the purpose of this section, the
following definitions shall apply:
The area within a building or structure which is licensed pursuant to Chapter 247, Intoxicating Liquor and Fermented Malt Beverages, of this Code, but not including parking lots, sidewalks, roadways or land which is adjacent to the building or structure and within the property boundary lines.
Any area held out to the public for the parking of motor
vehicles, whether such area is publicly or privately owned.
Any property, including buildings or structures thereon,
which is owned, leased or operated by the City or public, private
or parochial schools; public sidewalks; roadways and streets; playgrounds;
parks; and alleys.
B.
Conduct prohibited. No person shall possess any open
alcohol beverage container or consume any alcohol beverage in or upon
any public property or public parking lot.
C.
Conduct prohibited outside licensed premises. No person
who has purchased alcohol beverages in an open container from any
licensed premises shall consume said beverages outside of, but within
the property boundary lines of, such premises.
D.
Exceptions.
(2)
The prohibition in Subsection B above shall not apply to a school-sponsored activity when specifically permitted in writing by the school administrator.
(4)
The prohibition in Subsection B above shall not apply to alcohol beverages consumed in Fireman's Park, except that no glass bottles may be brought into said park, and no alcohol beverages may be consumed within 100 feet of the Fireman's Park football or baseball fields 1/2 hour before, during and 1/2 hour after any school event.
[Amended by Ord. No. 720-90B]
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 City or upon any private property
or into or upon any body of water or stream within the City.
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 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.
A.
No person shall wilfully injure or intentionally deface,
destroy or unlawfully remove, take or meddle with any property of
any kind or nature belonging to the City or its departments or to
any private person without the consent of the owner or proper authority.
C.
No person shall remove or destroy any flowers planted
on any City property without the consent of the proper City department.
A.
LIBRARY
LIBRARY MATERIAL
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any public library within the City of Mayville and school
libraries.
Includes any book, plate, picture, photograph, engraving,
painting, drawing, map, newspaper, magazine, pamphlet, manuscript,
document, letter, public record, microfilm, sound recording, audiovisual
materials in any format, magnetic or other tapes, electronic data
processing records or other tapes, artifacts or other documentary,
written or printed materials, regardless of physical form or characteristics,
belonging to, on loan to, or otherwise in the custody of a library.
B.
Possession without consent prohibited. Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of possession of the material may be subject to a forfeiture as provided by § 1-4 of this Code. The failure to return library material after its proper return date, after written notice from the library and City Attorney, shall be deemed to be theft. Notice shall be considered given when written notice is mailed to the last known address of the person with the overdue material; the notice date shall be the date of mailing.
C.
Concealment. The concealment of library material beyond
the last station for borrowing library material in a library is evidence
of intent to deprive the library of possession of the material. The
discovery of library material which has not been borrowed in accordance
with the library's procedures or taken with consent of a library official,
agent or employee and which is concealed upon the person or among
the belongings of another is evidence of intentional concealment on
the part of the person so concealing the material.
D.
Detention based on probable cause. An official or
adult employee or agent of a library who has probable cause for believing
that a person has violated this section in his or her presence may
detain the person in a reasonable manner for a reasonable length of
time to deliver the person to a law enforcement officer or to the
person's parent or guardian in the case of a minor. The detained person
shall be promptly informed of the purpose of the detention and be
permitted to make telephone calls but shall not be interrogated or
searched against his or her will before the arrival of a law enforcement
officer who may conduct a lawful interrogation of the accused person.
Compliance with this subsection entitles the official, agent or employee
effecting the detention to the same defense in any action as is available
to a peace officer making an arrest in the line of duty.
E.
Damaging material prohibited. No person shall mar,
deface or in any other way damage or mutilate any book, periodical,
pamphlet, picture or other article or property belonging to or in
charge of the library.
F.
Return demanded. No person shall fail, on demand,
to return any book, periodical, pamphlet, picture or other articles
or property belonging to or in charge of the public library according
to the rules or regulations duly made and adopted by the Library Board,
and no person shall remove from the library any book, periodical,
pamphlet, picture or other articles or property without first having
it charged as provided by such rules and regulations.
G.
Book fines. No person shall fail to pay, on demand,
any library book fine.
[Added by Ord. No. 900-2000 (§ 9.25 of the 1989
Code)]
The purpose and intent of this section is to
prohibit graffiti vandalism and to provide a procedure requiring the
removal of graffiti from property within the City of Mayville. Graffiti
contributes to blight and deterioration of surrounding properties
and reduces the physical attractiveness of the neighborhood and is
detrimental to the City. Graffiti constitutes a public nuisance and
must be abated promptly in order to alleviate the detrimental impact
it has on the neighborhoods, businesses, surrounding properties, the
citizens and the City of Mayville in general.
A.
Graffiti vandalism prohibited.
(1)
Graffiti defined. "Graffiti" means any inscription,
word, figure or design marked, scratched, etched, drawn or painted
with spray paint, liquid paint, ink, chalk, dye, markers or other
similar substances on buildings, fences, structures, signs and other
similar places without the express permission of the owner or operator
of the property.
(2)
Graffiti vandalism prohibited. No person may write,
paint or draw any inscription, figure or mark of any type on any public
or private building or other real or personal property owned, operated
or maintained by any private person or public entity, agency, firm
or corporation, unless the express permission of the owner or operator
has been obtained. This shall not be construed to prohibit the placement
of temporary and easily removable chalk or other water-soluble markings
on public or private streets, sidewalks or other paved surfaces incident
to youth activities such as hopscotch and various types of ball games
or any lawful business activity.
(3)
Penalty.
(a)
Any person who violates Subsection A(2) shall be subject to a penalty as provided in § 317-22 of this chapter, in addition to any applicable fees, assessments and costs of prosecution. In addition, 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.
[Amended 3-10-2008 by Ord. No. 1006-2008]
(b)
Parental liability. Pursuant to § 895.035,
Wis. Stats., the parent(s) of an unemancipated minor may be liable
for the damage to property caused by the wilful, malicious or wanton
act of such child; such liability shall not exceed $5,000.
B.
Graffiti abatement.
(1)
Graffiti prohibited. No private person or public entity, agency, firm or corporation who or which is the owner of any real or personal property where graffiti exists as defined in Subsection A(1) of this chapter may maintain or allow any graffiti to remain upon such property for a period of more than 10 days.
(2)
Abatement notification.
(a)
Upon official and written notification, the Building Inspector shall, within five days of receiving said notification, serve any property owner whose property has been affected by the application of graffiti a written notice to abate requiring the property owner to remove, restore, clean up or repair such property within 10 days of the date of such notice. The notice shall identify the property affected, shall generally describe the location of the graffiti and direct that the graffiti be removed within 10 days of receipt of the notice to abate. The notice shall also include that if the owner fails to remove the graffiti within the time specified in the notice, the owner may be subject to a forfeiture as provided in Subsection B(3).
[Amended 3-10-2008 by Ord. No. 1006-2008]
(b)
Such notice may be served personally by the
Building Inspector or his/her authorized representative or by registered,
certified or regular mail, and service upon any one of joint or in-common
owners shall constitute valid service upon all property owners.
(3)
Penalty.
(b)
A violation of Subsection B(1) exists on the date that the citation is issued and continues to exist until remedied. Each day in which a violation continues shall be determined a separate and distinct offense.
(c)
Payment of a monetary forfeiture does not relieve
the owner or operator of the property of the duty to abate the graffiti
nuisance.
(d)
If, after 30 days upon receipt of notice to
abate, the property owner or operator fails to comply with the terms
of said notice, in addition to the penalties set forth under this
subsection, the City may cause the removal, restoration, cleanup or
repair of such property affected by the graffiti. Pursuant to § 66.0627,
Wis. Stats., the City may impose a special charge for services reflecting
the actual costs of graffiti removal against the property.
[Added 3-10-2008 by Ord. No. 1006-2008]
No person shall interfere with access to a fire
hydrant by piling or dumping material near it or by planting vegetative
growth near it or create any obstruction within eight feet of the
hydrant.
[Added 10-10-2011 by Ord. No. 1041-2011[1]]
A.
DRUG PARAPHERNALIA
MARIJUANA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Has the same meaning as the definition found in § 961.571
of the Wisconsin Statutes.
(Defined as tetrahydrocannabinols under § 961.14(4)
of the Wisconsin Statutes) has the same meaning as the definition
found in § 961.01(14).
B.
Possession of marijuana. It is unlawful for any person to possess
or attempt to possess 25 grams or less of marijuana, as defined in
§ 961.01(14), Wis. Stats.
C.
Drug paraphernalia.
(1)
No person may use, or possess with the intent to use, drug paraphernalia
to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale or otherwise introduce into
the human body a controlled substance or controlled substance analog
in violation of Ch. 961, Wis. Stats.
(2)
No person shall sell or deliver any device or instrumentality intended,
designed or adapted for use in consuming a controlled substance with
the knowledge or intent at the time of the sale or delivery that the
device or instrumentality will be used for the purposes of consuming
a controlled substance.
D.
Synthetic cannabinoids prohibited.
(1)
Possession, use and sale of synthetic cannabinoids are prohibited.
It shall be illegal for any person to use, possess, purchase, attempt
to purchase, sell, publicly display for sale or attempt to sell, give,
or barter any one or more of the following chemicals whether under
the common street or trade names of "Spice," "K2," "Genie," "Yucatan
Fire," "fake" or "new" marijuana, or by any other name, label, or
description:
(a)
Salvia divinorum or Salvinorin A; all parts of the plant presently
classified botanically as salvia divinorum, whether growing or not,
the seeds thereof; any extract from any part of such plant, and every
compound, manufacture, salts derivative, mixture or preparation of
such plant, its seeds or extracts;
(b)
(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3 (2-methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol; some trade or other names:
HU-210;
(c)
1-Pentyl-3-(1-naphthoyl) indole; some trade or other names:
JWH-018/spice;
(d)
1-Butyl-3-(lnaphthoyl) indole; some trade or other names: JWH-073;
(e)
1-(3{trifluoromethylphenyl}) piperazine; some trade or other
names: TFMPP; or
(f)
Any similar structural analogs.
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code. 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., or § 317-13 of this chapter may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.
