A.
Discharge of firearms regulated. No person, except
a law enforcement officer in the performance of an official duty,
shall carry, fire or discharge any firearm, rifle, spring gun, air
gun or pneumatic pellet gun, or bow and arrow of any description in
his/her possession or under his/her control within the Village of
New Glarus, unless it is unloaded and lawfully enclosed in a proper
carrying case.[1]
B.
Hunting prohibited. Hunting within the Village of
New Glarus is prohibited.
C.
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 of
New Glarus.
D.
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, upon the recommendation of
the Chief of Police, where proper safety precautions are taken.
E.
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.
F.
Pest control. The Chief of Police may issue temporary
permits to adults for the discharge of firearms on private property
for the purpose of pest control.
G.
Throwing or shooting of arrows, stones, or other missiles
prohibited.
(1)
It shall be unlawful for any person to discharge or
cause the discharge of any dangerous missile from any slingshot, bow
and arrow or other means within 300 feet of any inhabited dwelling
or building or any public park, square or enclosure.
H.
Definitions. For purposes of this section, a firearm
is defined as any instrument 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.
[Amended 10-18-2011 by Ord. No. 11-10]
A.
Concealed weapons.
(1)
Pursuant to § 943.13(1m)(c)(4), Wis. Stats., effective
on November 1, 2011, no person shall enter or remain in any part of
a building owned, occupied or controlled by the Village of New Glarus
while carrying a concealed weapon.
(2)
The Village Administrator shall cause signs to be erected at all
entrances to all buildings owned, occupied, or under the control of
the Village of New Glarus providing notice to all person entering
that entrance while carrying a concealed weapon is prohibited. Such
signs shall be at least five inches by seven inches in size or larger.
B.
Possession, sale and manufacture of certain weapons prohibited.
(1)
No person shall sell, manufacture, purchase, possess or carry metallic
knuckles or knuckles of any substance which could be put to the same
use with the same or similar effect as metallic knuckles, a numchuk
(also called a "nunchaku") or any similar weapon, a cestus or similar
material weighted with metal or other substance and worn on the hand,
a churkin (also called a "suriken") or any similar object intended
to injure a person when thrown, a sucbai or similar weapon, a manrikigusari
or a similar length of chain having weighted ends, or any other martial
arts device or instrument which, in the manner it is used or intended
to be used, is calculated or likely to produce injury or death to
another person within the Village of New Glarus.
(2)
CHURKIN
NUMCHUK or NUNCHAKU
SUCBAI
For the purpose of this Subsection B, the following definitions shall apply:
A round throwing knife consisting of several sharp points
protruding from a rounded disc.
An instrument consisting of two or more sticks, clubs, or
rods connected by a rope, cord, wire, or chain.
A short length of wood or metal or similar material which,
when gripped in the hand, protrudes on either side of the fist. Such
prohibited instrument may or may not have spikes or short pointed
protrusions from either end.
(3)
Any such device shall be seized by a law enforcement officer and
destroyed or turned over to the State of Wisconsin Crime Laboratory
for destruction.
C.
Reckless use of weapons.
(1)
Acts prohibited.
(a)
No person shall endanger another's safety by reckless conduct
in the operation or handling of a firearm, air gun, knife or bow and
arrow.
(b)
No person shall operate or go armed with a firearm, air gun,
knife or bow and arrow while he/she is under the influence of an intoxicant.
(c)
No person shall intentionally point a firearm, air gun, knife
or bow and arrow at or toward another person.
(2)
Reckless conduct defined. "Reckless conduct" consists of an act which
creates a situation of unreasonable risk and high probability of death
or great bodily harm to another and which demonstrates a conscious
disregard for the safety of another and a willingness to take changes
of perpetrating an injury. It shall not be reckless conduct to discharge
a firearm if the actor's conduct is justified or, had it been subject
to a criminal penalty, would have been subject to a defense described
in § 939.45, Wis. Stats. Further, unless other facts and
circumstances apply indicating a criminal or malicious intent on the
part of the person, a person cannot be charged with reckless conduct
or disorderly conduct or other inappropriate behavior for simply loading,
carrying or going armed with a firearm.
D.
Nothing in this section shall be construed to apply to prohibit a
peace officer or armed forces or military personnel armed in the line
of duty or any person duly authorized by the Chief of Police to possess
a firearm in any public building. Notwithstanding Wis. Stats. § 939.22(22),
for purposes of this paragraph, peace officer does not include a commission
warden who is not a State certified commission warden.
E.
Nothing in this section shall be construed to authorize the carrying
of any firearm or dangerous weapon contrary to Wis. Stats. §§ 941.23
or 941.235.
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
ROADWAY
UNLOADED
VEHICLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Has the meaning given under § 114.002(3), Wis.
Stats.
Enclosed in a case that is expressly made for the purpose
of containing a firearm and that is completely zipped, snapped, buckled,
tied or otherwise fastened with no part of the firearm exposed.
A weapon that acts by force of gunpowder.
Has the meaning given under § 340.01(22), Wis.
Stats.
Has the meaning given under § 30.50(6), Wis. Stats.
Has the meaning given under § 340.01(54), Wis.
Stats.
Any of the following:
Has the meaning given under § 340.01(74), Wis.
Stats., and includes a snowmobile, as defined under § 340.01(58a),
Wis. Stats.
B.
Prohibitions; motorboats and vehicles; highways and
roadways.
(1)
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(2)
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(3)
Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
No person shall sell, expose or offer for sale, use, keep, possess, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Village unless he/she shall be authorized by a fireworks permit as provided in Chapter 165, 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 fireworks, rockets or similar missiles containing explosive fuel.
A.
Obstructing streets. No person shall obstruct, loiter,
cause a nuisance or engage in any sport or exercise on any public
street, sidewalk, bridge or public ground within the Village of New
Glarus in such a 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.
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 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 New Glarus.
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 locations
as to completely prevent any pedestrian from passing them on the sidewalk.
A.
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 law enforcement 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.
(3)
No person shall loiter in or about any toilet open
to the public for the purpose of engaging in or soliciting any lewd
or lascivious conduct or any unlawful act.
(4)
No person shall loiter in or about any school or public
place at or near which children or students attend or normally congregate.
As used in this subsection, "loiter" means to delay, to linger or
to idle in or about any said school or public place without a lawful
purpose for being present.
B.
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. No person
shall loiter in or about the doorway, stairway, steps or entrance
of any business place or private residence without the expressed consent
of the owner thereof, or at any time other than usual business hours.
Under this subsection, "business place" shall include a public building
at such times that the same shall be closed for the usual and normal
business conduct thereat.
(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.
(3)
No person shall sit, lie, or otherwise recline upon
or against any parked motor vehicle without the expressed consent
of the owner thereof, whether such is parked upon a public street,
alley, parking lot, driveway or private premises.
(4)
No person shall stand or loiter on any roadway other
than in a safety zone if such act interferes with the lawful movement
of traffic.
C.
Loitering or prowling prohibited.
(1)
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/herself
or manifestly endeavors to conceal himself/herself or any object.
Unless flight by the person or other circumstances make it impracticable,
a law enforcement 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/her
to identify himself/herself and explain his/her presence and conduct.
No person shall be convicted of an offense under this subsection if
the law enforcement 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 law enforcement officer at the time,
would have dispelled the alarm.
(2)
No person shall hide, wait or otherwise loiter in
the vicinity of any private dwelling house, apartment building, or
any other place of residence with the unlawful intent to watch, gaze
or look upon the occupants therein in a clandestine manner.
(3)
No person shall lodge in any building, structure or
place, whether public or private, without the permission of the owner
or person entitled to possession or in control thereof.
(4)
No person shall loiter in or about a restaurant, tavern
or other public building. As used in this subsection, "loiter" means
to, without just cause, remain in a restaurant, tavern or public building
or to remain upon the property immediately adjacent thereto after
being asked to leave by the owner or person entitled to possession
or in control thereof.
D.
Loitering by underage persons where alcohol beverage
is dispensed.
(1)
Underage persons and intoxicants. No underage person
shall enter, remain or loiter in any public or private place where
any fermented malt beverage or other alcohol beverage is sold, dispensed,
given away or made available, unless accompanied by a parent, guardian
or spouse who has attained the legal drinking age.
(2)
Permitting loitering prohibited. No person of legal
drinking age shall permit any underage person to enter, remain or
loiter in any premises, public or private, where fermented malt beverages
or other alcohol beverages are served, sold, dispensed, given away
or made available, unless such underage person is accompanied by a
parent, guardian or spouse who has attained the legal drinking age.
E.
LOITER
NUISANCE
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 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 New Glarus.
F.
KNOWN PROSTITUTE or PANDERER
PUBLIC PLACE
Soliciting. No person shall loiter in or near any
thoroughfare or place open to the public in a manner and under circumstances
manifesting the purpose of inducing, enticing, soliciting or procuring
another to commit an act of prostitution. Among the circumstances
which may be considered in determining whether such purpose is manifested
are that such person is a known prostitute or panderer, that such
person repeatedly beckons to stop or attempts to stop or engages male
or female passersby in conversation, or repeatedly stops or attempts
to stop motor vehicle operators by hailing, waving of arms or any
other bodily gesture. The violator's conduct must be such as to demonstrate
a specific intent to induce, entice, solicit or procure another to
commit an act of prostitution. No arrest shall be made for a violation
of this subsection unless the law enforcement officer first affords
such persons an opportunity to explain such conduct, and no one shall
be convicted of violating this subsection if it appears at trial that
the explanation given was true and disclosed a lawful purpose. As
used in this subsection, the following terms shall have the following
meanings:
A person who, within five years previous to the date of arrest
for violation of this section, had, within the knowledge of the sworn
police officer, been convicted in any municipal court or circuit court
in the State of Wisconsin of an offense involving prostitution.
An area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles, whether moving or not, and buildings open to the general
public, including those which serve food or drink or provide entertainment,
and the doorway and entrance to buildings or dwellings and the grounds
enclosing them.
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. It shall be unlawful for any person
knowingly or wantonly to use or operate, or to cause to be used or
operated, any mechanical device, machine, apparatus or instrument
for intensification or amplification of the human voice or any sound
or noise in any public or private place in such manner that the peace
and good order of the neighborhood are disturbed or that persons owning,
using or occupying property in the neighborhood are disturbed. Loud
and unnecessary noise may be presumed by exceeding the decibel limits
set forth in this chapter, but are not limited to those circumstances
and may occur at any level where the noise is deemed loud and unnecessary.
[Amended 5-5-2009 by Ord. No. 09-05]
B.
Types of loud and unnecessary noises.
(1)
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:
(a)
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 unreasonable 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.
(b)
Radios, phonographs and similar devices. The using, operating or permitting to be played, used or operated of 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 as set forth in § 224-9D of this chapter. The operation of any set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. on Sunday through Thursday nights and 11:00 p.m. and 7:00 a.m. on Friday and Saturday nights, in a manner that exceeds acceptable sound levels as set forth in § 224-9D of this chapter, shall be prima facie evidence of a violation of this subsection.
[Amended 5-5-2009 by Ord. No. 09-05]
(c)
Loudspeakers; 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.
(d)
Animals or birds. The keeping of any animal
or bird which causes frequent or long-continued unnecessary noise.
(e)
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.
(f)
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 10:00 p.m. on weekdays; provided, however, that the
Chief of Police 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 10:00 p.m. to 7:00
a.m.
(g)
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. No person,
while on public or private grounds adjacent to any building, or while
within any building in which a school or any class thereof is in session,
shall willfully make or assist in the making of any noise or diversion
which disturbs or tends to disturb the peace or good order and operation
of such school session or class thereof.
(2)
Exceptions. 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 renders 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 New Glarus
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 Police shall have the authority to revoke such permit when he/she
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 10:00 p.m. without the consent of the Committee
on Public Works and Safety. No permit shall 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)
Any nontraditional event considered to be a "special event,” as defined in § 97-10, requiring special considerations in regards to time limits and noise levels, shall be presented to the Village Board for special considerations and approved by a majority vote by Village Board Trustees, and issued a special permit for such event.
[Added 5-5-2009 by Ord. No. 09-05]
D.
Stationary noise limits without a permit.
(1)
Sound levels. No person shall operate, or cause to
be operated, on private property any source of sound in such a manner
as to create a sound level which exceeds the following limits when
measured at any point beyond 25 feet from the boundary line of the
property which constitutes the noise source:
[Amended 5-5-2009 by Ord. No. 09-05]
(a)
Seventy-five dBA between the hours of 7:00 a.m.
and 7:00 p.m.
(b)
Seventy dBA between the hours of 7:00 p.m. and
12:00 a.m.
(c)
Any noise deemed unreasonable by the Police shall cease by 10:00
p.m. on weekdays and 12:00 a.m. on Friday and Saturday nights, regardless
of the dBA at the time of the violation. Violators shall be ordered
to cease such unreasonable noise by the Police Department. Failure
to cease such noise shall be deemed as a violation of this section.
(2)
Metering. Sound levels under this Subsection D shall be measured with a sound-level meter manufactured according to standards prescribed by the American National Standards Institute. Measurements shall be made using an "A" weighted network of the sound-level meter. Under this subsection, noises capable of being accurately measured with such equipment shall be deemed to be those noises which cause fluctuations of the sound-level meter with a variation of no more than plus or minus two decibels.
[Amended 10-6-2009 by Ord. No. 09-11]
A.
Disorderly conduct prohibited. No person within the
Village of New Glarus 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.
(3)
Make or deliver or attempt to make or deliver any
form of communication or message, with the intent to annoy, threaten,
intimidate, frighten or abuse or harass any person.
[Amended 5-18-2010 by Ord. No. 10-04]
(4)
Indecently expose his or her person.
(5)
Be in any business or private structure, private vehicle
or upon any private grounds without the consent of the owner.
B.
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, rooms without rest room facilities, stairways or elevators
of public or commercial buildings.[1]
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or
other disciplinary procedures excluding him/her from attending any
school located within the Village or any person not a student presently
enrolled or not an employee of such schools 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 by the School Board 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 New Glarus 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.
E.
LOITER
NUISANCE
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 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 New Glarus.
A.
Lawful orders. It shall be unlawful for any person
to fail to obey the direction or order of a law enforcement officer
while such law enforcement officer is acting in an official capacity
in carrying out his or her duties.
B.
Resisting or interfering with officer prohibited.
It shall be unlawful for any person to resist or in any way interfere
with any law enforcement officer or member of the Police Department
or any person called to assist such officer, or to threaten, resist
or interfere with such officer or person or to advise or encourage
any other person to resist or interfere with such officer or person
in the discharge of his/her duty, or in any way to interfere with
or hinder or prevent him/her from discharging his/her duty as such
officer or assistant, or to offer or endeavor to do so, or in any
manner to assist any person in the custody of any law enforcement
officer to escape or to attempt to escape from such custody, or to
try to persuade any person to escape from the custody of such officer,
or to rescue or attempt to rescue any person so in custody or to fail
to obey the order or direction of such officer while such officer
is acting in his/her official capacity in carrying out his/her duties.
A.
Possession of controlled substances. It is unlawful
for any person to possess a controlled substance, other than a controlled
substance classified in Schedule I and II under Ch. 961, Wis. Stats.,
which is a narcotic drug, unless the substance was obtained directly
from, or pursuant to, a valid prescription or order of a practitioner
while acting in the course of his/her professional practice, or except
as otherwise authorized by this Code.
B.
Possession of marijuana.
(1)
No person shall possess 25 grams or less of marijuana,
as defined in § 961.01, Wis. Stats., unless it was obtained
directly from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of his or her professional
practice, or except as otherwise authorized by Ch. 961, Wis. Stats.
(2)
For purposes of this section, "practitioner" means:
(a)
A physician, dentist, veterinarian, podiatrist,
scientific investigator or other person licensed, registered or otherwise
permitted to distribute, dispense, conduct research with respect to,
or administer a controlled substance in the course of professional
practice or research in the State of Wisconsin.
(b)
A pharmacy, hospital or other institution licensed,
registered or otherwise permitted to distribute, dispense, conduct
research with respect to or administer a controlled substance in the
course of professional practice or research in the State of Wisconsin.
(3)
This section does not apply to any person who is charged
with possession of more than 25 grams of marijuana, or who is charged
with possession of any amount of marijuana following a conviction
for possession of any amount of marijuana, in the State of Wisconsin.
C.
Possession of controlled substances in drug-free zone.
It is unlawful for any person to possess a controlled substance, other
than a controlled substance classified in Schedule I and II, which
is a narcotic drug while in or on the premises of a scattered-site
public housing project, while in or on or otherwise within 1,000 feet
of a state, county, city, village or town park, a multi-unit public
housing project, a swimming pool open to members of the public, a
youth center or a community center, while in or on or otherwise within
1,000 feet of any private or public school premises or while in or
on or otherwise within 1,000 feet of a school bus as defined in § 340.01(56),
Wis. Stats., unless the substance was obtained directly from or pursuant
to a valid prescription or order of a practitioner while acting in
the course of his/her professional practice, or except as otherwise
authorized by this Code.
D.
Possession of marijuana in a drug-free zone. No person
shall possess 25 grams or less of marijuana, as defined in § 961.01(14),
Wis. Stats., while in or on the premises of a scattered-site public
housing project, while in or on or otherwise within 1,000 feet of
a state, county, city, village or town park, a multi-unit public housing
project, a swimming pool open to members of the public, a youth center
or a community center, while in or on or otherwise within 1,000 feet
of any private or public school premises or while in or on or otherwise
within 1,000 feet of a school bus, as defined in § 340.01(56),
Wis. Stats., unless it was obtained directly from, or pursuant to,
a valid prescription or order of a practitioner while acting in the
course of his/her professional practice, or except as otherwise authorized
by Ch. 961, Wis. Stats.
No individual shall cross a police or fire line
that has been so designated by banner, signs or other similar identification.
[Amended 3-16-2021 by Ord. No. 21-02]
A.
Harassment. No person, with intent to harass or intimidate another
person, shall do any of the following, each instance to be considered
a separate violation:
B.
Harassing or obscene telephone calls and electronic communications.
(1)
ELECTRONIC COMMUNICATION
ELECTRONIC COMMUNICATION DEVICE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The transmission of sound, images, data or messages which
includes, but is not limited to, email, text messaging, instant messaging
and social networking websites by the means of an electronic communication
device.
A device capable of transmitting and/or receiving electronic
communication. Whoever commits any
(2)
of the following acts shall be subject to the general penalty as provided in Chapter 1, General Provisions, § 1-5, of this Code:
(a)
9-1-1 calls. No person shall make a 9-1-1 call, whether or not
a conversation ensues, for the purpose of activating an emergency
response when no actual emergency exists. This provision shall not
affect those callers who in good faith believe an emergency situation
exists when initiating the call.
(b)
Harassing or obscene communication. It shall be unlawful for
any person to do any of the following by telephone, or by means of
another electronic communication device, originating within or received
within the limits of the Village.
[1]
Make any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent;
[2]
Whether or not a conversation ensues, initiate and complete
image transmission or text messaging, with the intent to abuse, threaten
or harass any person at the called number or numbers, or electronic
communication device;
[3]
Make or cause the land-based or wireless/cell telephone of another
repeatedly or continuously to ring, with intent to harass any person
at the called number or numbers;
[4]
Knowingly permit any land-based or wireless/cell telephone or
electronic communication device under the person's control to
be used for any purpose prohibited by this section;
[5]
In conspiracy or concerted action with other persons, make repeated
or simultaneous land-based or wireless/cell telephone calls solely
to harass any person at the called number or numbers.
No person shall have or permit on any premises
owned or occupied by him/her any open cisterns, cesspools, wells,
unused basements, excavations or other dangerous openings. All such
places shall be filled, securely covered or fenced 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.
All forms of gambling, lotteries and fraudulent
devices and practices are prohibited within the Village, except as
provided by state law. Any law enforcement officer of the Village
may seize anything devised solely for unlawful gambling or found in
actual use for gambling within the Village and dispose thereof after
a judicial determination that such device was used solely for gambling
or found in actual use for gambling.
A.
AMBULANCE
AMBULANCE ATTENDANT
AMBULANCE SERVICE PROVIDED
AUTHORIZED EMERGENCY VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
BONA FIDE EMERGENCY or BONA FIDE REQUEST FOR EMERGENCY SERVICES
EMERGENCY MEDICAL PERSONNEL
PERSON
Definitions. For the purposes of this section, the
following definitions apply to the terms as used herein:
An emergency vehicle, including any motor vehicle, boat or
aircraft, whether privately or publicly owned, which is designated,
constructed or equipped to transport patients.
A person who is responsible for the administration of emergency
care procedures and proper handling and transporting of sick, disabled
or injured persons, including but not limited to ambulance attendants
and ambulance drivers.
A person engaged in the business of transporting sick, disabled
or injured persons by ambulance to or from facilities or institutions
providing health services.
Any of the following:
Police vehicles, whether publicly or privately
owned.
Conservation warden's vehicles or foresters'
trucks, whether publicly or privately owned.
Vehicles of a fire department or fire patrol.
Such emergency vehicles of municipal or county
departments or public service corporations as are designated or authorized
by the local authorities to be authorized emergency vehicles.
Such emergency vehicles of state departments
as are designated or authorized by the heads of such departments to
be authorized emergency vehicles.
Such ambulances, publicly owned, as are designated
or authorized by local authorities to be authorized emergency vehicles.
Such ambulances which are privately owned and
are operated by owners or their agents and which vehicles are authorized
by the Sheriff or others designated by the County Board to be operated
as emergency vehicles. The Sheriff or others designated by the County
Board may make such authorization which shall be in writing and which
shall be effective throughout the state until rescinded. The Sheriff
or others designated by the County Board may designate any owner of
ambulances usually kept in the county to operate such vehicles as
authorized emergency vehicles. Such written authorization shall at
all times be carried on each ambulance used for emergency purposes.
The Sheriff shall keep a file of such authorizations in his/her office
for public inspection, and all other persons permitted to issue authorizations
shall file a copy of all authorizations issued with the Sheriff who
shall keep them on file.
Those circumstances wherein the caller reasonably believes
that person(s) and/or property may be in actual or potential danger
of injury and, in the case of person(s), in danger of illness.
Any emergency medical personnel, ambulance attendant, peace
officer or fire fighter, or other person operating or staffing an
ambulance or an authorized emergency vehicle.
Any individual, firm, partnership, association, corporation,
trust, foundation, company, any governmental agency other than the
United States government, or any group of individuals, however named,
concerned with the operation of an ambulance.
B.
Prohibitions. It is the intent of the Village of New Glarus, in its adoption of this section, to protect against the following activities in a manner consistent with that provided by § 941.37, Wis. Stats. The following acts are prohibited and perpetration thereof subjects the violator to a penalty as provided by Chapter 1, General Provisions, § 1-5:
(1)
Knowingly obstructing any emergency medical personnel
in the performance of duties relating to an emergency or rescue.
(2)
Intentionally interfering with any medical personnel
in the performance of duties relating to an emergency or rescue, when
it is reasonable that the interference may endanger another's safety.
(3)
Knowingly making any telephone call to any emergency
medical personnel, police agency or fire department for any purpose
other than to report a bona fide emergency or to make a bona fide
request for emergency services.
B.
Determination of drug paraphernalia. In determining
whether an object is drug paraphernalia, the following shall be considered,
without limitation of such other considerations a court may deem relevant:
(1)
Statements by an owner or by anyone in control of
the object concerning its use.
(2)
Prior convictions, if any, of an owner or of anyone
in control of the object under any city, state or federal law relating
to any controlled substance.
(3)
The proximity of the object in time and space to a
direct violation of this section.
(4)
The proximity of the object to controlled substances.
(5)
The existence of any residue of controlled substance
on the object.
(6)
Direct or circumstantial evidence of the intent of
the owner, or of anyone in control of the object, to deliver it to
persons whom the person knows, or should reasonably know, intend to
use the object to facilitate a violation of this section. The innocence
of an owner, or of anyone in control of this object, as to a direct
violation of this section shall not prevent a finding that the object
is intended for use, or designed for use, as drug paraphernalia.
(7)
Oral or written instructions provided with the object
concerning its use.
(8)
Descriptive materials accompanying the object which
explain or depict its use.
(9)
National and local advertising concerning its use.
(10)
The manner in which the object is displayed
for sale.
(11)
Direct or circumstantial evidence of the ratio
of sales of the object to the total sale of the business enterprise.
(12)
The existence and scope of legitimate uses for
the object in the community.
(13)
Expert testimony concerning its use.
C.
Prohibited uses.
(1)
Possession of drug paraphernalia. No person may use,
or possess with the primary 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 this section.
(2)
Manufacture or delivery of drug paraphernalia. No
person may deliver, or possess with intent to deliver, drug paraphernalia,
knowing that it will be primarily used 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 this section.
(3)
Delivery of drug paraphernalia by a minor to minor. Any person who is under 18 years of age who violates Subsection C(2) by delivering drug paraphernalia to a person under 18 years of age who is at least three years younger than the violator is guilty of a special offense.
(4)
Exemption. This section does not apply to manufacturers,
practitioners, pharmacists, owners of pharmacies and other persons
whose conduct is in accordance with Ch. 961, Wis. Stats. This section
does not prohibit the possession, manufacture or use of hypodermics,
in accordance with Ch. 961, Wis. Stats.
