Village of Osceola, WI
Polk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Osceola 8-10-1993 by Ord. No. 7-93 as Ch. 7 of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 74.
Public entertainment — See Ch. 114.
Intoxicating liquor and fermented malt beverages — See Ch. 137.
Nuisances — See Ch. 160.
Solid waste — See Ch. 180.
[Amended 1-12-1999 by Ord. No. 99-01; 5-11-1999 by Ord. No. 99-04; 10-8-2002 by Ord. No. 02-10; 12-10-2002 by Ord. No. 02-17; 5-11-2004 by Ord. No. 04-06; 10-11-2005 by Ord. No. 05-07; 6-13-2006 by Ord. No. 06-10; 2-13-2007 by Ord. No. 07-09; 11-13-2007 by Ord. No. 07-22; 10-13-2009 by Ord. No. 09-10; 6-8-2010 by Ord. No. 10-04; 7-10-2012 by Ord. No. 12-07]
The statutory provisions 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 § 1-19 of this Code:
Wis. Stats. §
Subject
29.29(3)[1]
Waste and refuse in water prohibited
101.123
Smoking prohibited
110.075(7)
Producing/using inspection stickers fraudulently
134.06
Motor vehicles sales/bonus to chauffeur prohibited
175.25
Illegal storage of junked vehicles
218.01(7a)[2]
Used cars - prohibited acts
218.01(7b)[3]
Motor vehicles - sale to minor
254.76
Careless smoking
285.30(2)
Pollution by motor vehicle/failure to repair
287.81(2)(a)
Littering violations: deposit or discharge solid waste on public or private property
287.81(2)(b)
Littering violations: permit solid waste to be thrown from a vehicle
346.935
Drinking in motor vehicles on highway
938.344(2e)
Disposition; drug violations (juvenile)
939.05
Parties to crime
939.22
Words and phrases defined
940.19(1)
Battery
941.03[4]
Highway obstruction
941.10
Negligent handling of burning material
941.12
Interfering with firefighting
941.13
False alarms
941.20
Reckless use of weapons
941.23
Carrying concealed weapon
941.24
Possession of switchblade knife
943.01(1)
Criminal damage to property (less than $1,000)
943.06
Molotov cocktails
943.13
Trespass to land
943.14
Criminal trespass to dwellings
943.20
Theft (less than $500)
943.21(1m)(a)
Fraud on hotel, campground, restaurant or recreational attraction
943.21(1m)(c)
Fraud on a taxicab
943.21(1m)(d)
Fraud on a gas station
943.24
Issue of worthless check
943.50
Shoplifting
943.55
Removal of shopping carts
943.61
Failure to return library material
944.15
Fornication
944.20
Lewd and lascivious behavior
944.21
Lewd, obscene or indecent matter, pictures and performances
944.23
Making lewd, obscene or indecent drawings
944.30
Prostitution
944.31
Patronizing prostitutes
944.33
Pandering
944.34
Keeping place of prostitution
945.01
Definitions relating to gambling
945.02
Gambling
945.03
Commercial 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
946.49
Bail jumping
945.70
Impersonating peace officers
946.72
Tampering with public records and notices
947.01
Disorderly conduct
947.012
Unlawful use of telephone
947.02
Vagrancy
947.06
Unlawful assemblies
948.40
Contributing to the delinquency of a child
951.01 to 951.16
Crimes against animals
961.14(4)(t)
Possession of marijuana
961.41
Prohibited acts - penalties
961.41(3g)
Possession of marijauna
961.573(1)
Possession of drug paraphernalia
961.573(2)
Possession of drug paraphernalia
961.574(1)
Manufacture/delivery of drug paraphernalia
961.574(2)
Manufacture/delivery of drug paraphernalia
961.575(1)
Delivery of drug paraphernalia to a minor
961.575(2)
Delivery of drug paraphernalia to a minor
[1]
Editor's Note: Section 29.29 was renumbered 29.601 and amended by 1997 Act 248, §§ 448 to 457, effective 1-1-1999. See § 29.601(3).
[2]
Editor's Note: Section 218.01 was renumbered and amended as §§ 218.0101 to 218.0163 by 1999 Act 31, §§ 14 to 283, effective 4-19-2000. See now § 218.0146, Motor vehicles.
[3]
Editor's Note: See now § 218.0148, Purchase or lease of motor vehicle by minor.
[4]
Editor's Note: Section 941.03 was repealed by 1987 Act 399, §§ 472zkLe, 472zkLg, effective 1-1-1989. Conduct prohibited by such statute is now prohibited by § 941.30, Wis. Stats.
[Amended 1-13-2004 by Ord. No. 04-02; 11-8-2011 by Ord. No. 11-14]
A. 
In accordance with § 66.0409 Wis. Stats. (Local regulation of firearms), § 941.23, Wis. Stats., pertaining to concealed weapons and all amendments thereto is adopted by reference.
B. 
It shall be unlawful for any person, other than those identified as a “licensee” or “out-of-state licensee” as defined in § 175.60, Wis. Stats., and all amendments thereto, to carry on his or her person a hidden, or concealed, dangerous weapon, within the corporate limits of the Village of Osceola. This section applies to all dangerous weapons unless they are unloaded, or disassembled, and completely encased.
C. 
It shall be unlawful for any person to carry or wear any dangerous weapon, concealed or hidden on his or her person, in any building owned, occupied, or controlled by the Village of Osceola, Wisconsin, to the extent of § 943.13(1m)(c)4, Wis. Stats. All entrances to such buildings shall be posted with signs no smaller than five inches by seven inches stating that all weapons are banned from the premises. Further instruction on proper signage shall be found in § 943.13(2)(bm)(2)c, Wis. Stats., and all amendments thereto.
D. 
It shall be unlawful for any person to carry, concealed or hidden, any dangerous weapon at any special event as defined by § 943.13(1e)(h), Wis. Stats., and all amendments thereto held in the Village of Osceola, Wisconsin. All entrances to such special events shall be posted with a sign at least five inches by seven inches stating that weapons are banned from the event.
E. 
Nothing in this section shall be construed to apply to prohibit a peace officer or military personnel armed in the line of duty, or other person defined by § 175.49, Wis. Stats., or any person duly authorized by the Chief of Police, to possess a firearm within the corporate limits of the Village of Osceola or public buildings located therein.
F. 
No person, except a police officer, sheriff, or their deputies, shall discharge or fire any firearm, black powder gun, or air gun within the corporate limits of the Village of Osceola, Wisconsin, unless the Chief of Police has granted permission for such use for a lawful purpose. Lawful purposes include, but are not limited to, pest extermination, wildlife management as authorized by the Village Board, or the Wisconsin Department of Natural Resources, and the starting of athletic events.
[Amended 1-13-2004 by Ord. No. 04-02; 12-8-2009 by Ord. No. 09-17; 8-12-2014 by Ord. No. 14-04]
A. 
No person shall throw or shoot any object, arrow, stone, snowball or other missile or projectile, by hand or by any other means, at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the Village, except as otherwise provided by law, for example pursuant to § 29.038, 939.45 or 939.48, Wis. Stats., and the following provisions of this section.
B. 
No person shall hunt within the Village or, in the territory adjacent to the Village, cause any object, arrow, stone, snowball, or other missile or projectile to fall into any building, street, sidewalks, alley, highway, park, playground or other public place within the Village, except as otherwise provided by law, for example pursuant to § 29.038, Wis. Stats., and the following provisions of this section.
C. 
Permitted hunting or discharges; restrictions.
(1) 
A person may hunt on private land with a bow and arrow or a crossbow pursuant to § 29.038, Wis. Stats., except such hunting is prohibited within 100 yards from a building used for human occupancy located on another person's land, unless the hunter has the permission of the person who owns the land on which the building is located. Persons hunting pursuant to this provision must discharge the arrow or bolt toward the ground, such as from a tree stand. Hunting is prohibited in Village parks or other Village-owned land, except by special written permission of the Village Board.
Section 167.10 of the Wisconsin Statutes, 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.
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 or egress to or from any place of business or amusement, church, public hall or meeting place.
No person shall within the Village:
A. 
In any public or private place engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or other disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to disturb or annoy any other person or persons.
B. 
Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
[Amended 3-8-2011 by Ord. No. 11-01]
A. 
No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may be determined by a police officer or other person to be sufficient to annoy or disturb a person of ordinary sensibilities in or about any public street, alley, park, business, or any private residence.
B. 
Operation of motor vehicles. No person shall operate a motor vehicle so as to cause the tires to squeal, the horn to blow excessively, the motor to race excessively, or the car audio system to be excessively loud as may be determined by a police officer.
A. 
No person shall give or send or cause to be given or sent in any manner any alarm of fire or other emergency which he or she knows to be false.
B. 
Private alarm systems.
[Added 11-9-1994 by Ord. No. 4-94]
(1) 
The user of any private alarm system shall pay the Village of Osceola a fee as set by resolution of the Village Board from time to time for any false alarm occurring during the calendar year.[1]
[Amended 1-12-1999 by Ord. No. 99-01]
[1]
Editor's Note: See Ch. A222, Fees and Salaries.
(2) 
The charge shall not be imposed when the false alarm is caused by a weather-related incident, as determined by the Village Administrator. The fee may also be waived during the first 30 days following installation.
(3) 
Any fees payable to the Village of Osceola which are delinquent may be assessed against the property involved as a special charge for current service, without notice, pursuant to § 66.60(16), Wis. Stats.
No person shall resist or in any way interfere with any officer of the Village while such officer is doing any act in his or her official capacity and with lawful authority or shall refuse to assist an officer in carrying out his or her duties when so requested by the officer.
Except as provided by state law, all forms of gambling, lotteries and fraudulent devices and practices are prohibited within the Village. Any police officer of the Village may seize anything devised solely for 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.
No person shall operate or be an inmate of a house of prostitution or engage in prostitution within the Village.
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 herself or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this subsection, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him or her to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
B. 
Obstruction of highway by loitering. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.
C. 
Obstruction of traffic by loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public place within the Village in such manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, sidewalks, 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.
A. 
No student who is under suspension, expulsion, exemption or other discipline excluding him or her from attending school under the jurisdiction of the Village Board of Education, or any person not a student presently enrolled to attend school under the jurisdiction of the Village Board of Education or not an employee of the Board of Education, shall be present within any school building or upon any school grounds under the jurisdiction of the School Board 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 the authorization.
B. 
Any person shall, upon request of the principal or other person in charge of any school building upon any school grounds under the jurisdiction of the School Board or upon request of any police officer, display any written authorization to be present which he or she may have in his or her possession or otherwise explain his or her presence as referred to in Subsection A.
C. 
Emergency services providers and persons providing goods or services as indicated by contract with the school district within the scope of their employment or with express consent of the School Board or its designee shall be excluded from the provisions of this section.
No person shall use any indecent, vile, profane or obscene language or conduct himself or herself in any indecent, lewd, lascivious or obscene manner within the Village.[1]
[1]
Editor's Note: Original Secs. 7.15, Obscene literature, and 7.16, Indecent advertising prohibited, which immediately followed this section, were deleted 1-12-1999 by Ord. No. 99-01. See §§ 944.21 and 66.051, Wis. Stats.
No person shall willfully injure or intentionally deface or destroy or unlawfully remove, take or meddle with any property of any kind belonging to the Village or its departments or to any private person without the consent of the owner or proper authority.
[Amended 5-11-2004 by Ord. No. 04-10]
A. 
Purpose. The purpose of this section is to strictly regulate burning within the Village.
B. 
Restrictions.
(1) 
No burning of rubbish, garbage, other household waste or hazardous materials is permitted in the Village.
(2) 
Burning of any permitted materials must be in acceptable containers as defined by the Osceola Fire Department or in properly constructed fire pits.
(3) 
Leaves may only be burned in metal containers, 55 gallons or smaller, with screened lids.
(4) 
Burning may only be conducted between 8:00 a.m. and 12:00 midnight.
(5) 
Fires set by the Osceola Fire Department for practice and instruction of fire fighters are allowed.
(6) 
All fires are to be ignited with a safe and customarily approved starter fuel.
(7) 
Outdoor fires used for cooking and recreational purposes are allowed. These are defined and limited to charcoal and gas grills, freestanding fireplaces (clay or metal) or fire pits.
(8) 
Apartment, townhouse, and condominium association rules must be strictly followed when using charcoal and gas grills, freestanding fireplaces (clay or metal) or fire pits.
(9) 
Construction and use of fire pits shall meet the following requirements:
(a) 
The diameter of the pit shall not exceed three feet.
(b) 
The depth of the pit shall be one foot to two feet deep.
(c) 
The rim of the pit shall be lined with rock, concrete, brick or steel
(d) 
Fire pits shall be a minimum of 15 feet from combustible structures.
(e) 
Fire pits must be attended by at least one person 18 years or older when lighting the fire and at all times while the fire is burning.
(f) 
A fire extinguisher or water hose must be available nearby at all times.
(g) 
Only split firewood, tree limbs or charcoal may be burned in fire pits.
(h) 
When burning, all burning materials shall be completely contained within the fire pit and shall not extend beyond the confines of the fire pit or freestanding fireplace.
(i) 
At no time shall the fire exceed three feet in height. The fire shall produce little detectable smoke, odor, or soot beyond the property line on which the fire is constructed.
(j) 
Fire and embers must be completely extinguished before the fire pit is vacated.
(10) 
Freestanding fireplaces and charcoal grills shall be placed on noncombustible surfaces and shall comply with Subsection B(7) and (9)(a) through (i) above.
(11) 
Approval for any open burning of brush or other similar materials must be approved by the Fire Chief or designee.
(12) 
The Fire Chief has the authority to issue a burning ban at any time due to weather conditions or other hazardous conditions that may exist.
No person shall throw any glass, refuse or waste, filth or other litter upon the streets, alleys, highways, public parks or other property of the Village, upon any private property or upon the surface of any body of water within the Village.
[Amended 7-8-2003 by Ord. No. 03-12]
A. 
No person shall store junked or discarded property, including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or other unsightly debris, except upon permit issued by the Village Board.
[Amended 10-9-2012 by Ord. No. 12-09]
B. 
If such nuisance is not removed within 10 days, the Village may seek a forfeiture as provided in § 1-19 of the Village of Osceola Code or seek an order of abatement from the County Circuit Court in the form of an injunctive order for each violation of this section. Each day a violation continues shall be a separate offense for purposes of assessment of a forfeiture. In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a property maintenance violation, all costs incurred by the Village to abate any violations shall be assessed as a special tax against the property.
A. 
No person having in his or her possession or under his or her control any animal or fowl shall allow the same to run at large within the Village.
B. 
No person having a dog under his or her control shall knowingly permit such dog to litter upon the property of another, unless such person shall cause such litter to be removed promptly from such property.
No person shall have or permit on any premises owned or occupied by him or her any open cisterns, cesspools, 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 or her control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or container unless such container is displayed for sale on the premises of the owner or his or her agent and is securely locked or fastened.
A. 
Possession outside taverns or picnic areas.
(1) 
Prohibited. No person shall consume intoxicating liquor or fermented malt beverages or carry about an open container of intoxicating liquor or fermented malt beverages on public property or on private property held out for use by the public outside a licensed tavern or off the premises of an established picnic area where such possession and consumption is not prohibited. Nothing in this section shall be construed so as to prevent consumption of intoxicating liquor or fermented malt beverages outside private residences while on private property in such a manner as is normally associated with such use at a private home or residence.
(2) 
Special events. The Village Board may grant permits for consumption in designated areas during special occasions in connection with picnic beer licenses.
B. 
Parked vehicles. No person shall consume any intoxicating liquor or fermented malt beverages while in a vehicle parked on a public thoroughfare, public parking lot or any private parking area open to public use.
C. 
Open containers in vehicles prohibited. No person shall possess or permit to be possessed in any vehicle under his or her control, while moving or parked on a public thoroughfare, a public parking lot or any private property open to public use, any open container of intoxicating liquor or fermented malt beverages.
D. 
Underage consumption of alcohol beverages. The provisions of §§ 125.07, 125.085(3)(b) and 125.09(2), Wis. Stats., are adopted by reference and incorporated as if set forth in full herein, including provisions for penalties therein. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of underage consumption of alcohol beverages.
[Amended 1-12-1999 by Ord. No. 99-01]
[Amended 3-8-1994 by Ord. No. 2-94]
A. 
Purpose. In recognition of the benefits to the community at large and in particular to its students is assisting schools in enforcing the truancy regulations under ch. 118, Wis. Stats., the purpose of this section shall be to establish a municipal school attendance requirement, subject to sanctions for violations. Adoption of this section is under the authority of § 61.34(1), Wis. Stats.
B. 
Definitions. The following definitions shall control this section unless the context dictates otherwise:
PARENT
Shall include natural parent(s), custodians, including but not limited to the Department of Social Services, and legal guardians appointed by the Circuit Court.
PRIVATE SCHOOL
That type of school defined at § 115.001(3r), Wis. Stats.
STUDENT
Any person under the age of 18 years required by law to be enrolled in school or, even if not so required, enrolled in school in the Osceola School District.
TRUANT or TRUANCY
Shall have the meaning at § 118.16(1)(c), Wis. Stats.
C. 
School attendance required. All persons under the age of 18 years and who are required by § 118.15, Wis. Stats., to attend school and who are enrolled in a private school or a school of the school district of Osceola shall, during the hours established for school to be in session, remain on school property subject to rules and policies of the private school or the Board of Education. Those who fail to abide by this regulation shall be considered to be truants.
D. 
Exceptions to attendance requirement.
(1) 
The rule established under Subsection C shall be subject to the following express exceptions:
(a) 
Students in the company of their parents.
(b) 
Students rightfully possessing a student pass, issued in accord with school policy.
(c) 
Students in the company of representatives of the school district while on a field trip or otherwise receiving instruction off the campus of their school.
(d) 
Persons under the age of 18 years who have graduated from high school.
(e) 
Persons under the age of 18 years who, in accord with § 118.15, Wis. Stats., have dropped out of school and are not enrolled.
(f) 
Those other and further specified circumstances not set forth above contained in § 118.15, Wis. Stats.
(2) 
Persons qualifying under one of the above exceptions may not be sanctioned for a violation of Subsection C.
E. 
Penalties. Violations of this section shall be subject to the following penalties:
(1) 
Students in violation of this section:
(a) 
First offense: student to be returned to school and parent to be notified, in writing, of truancy.
(b) 
Second offense within 30 days of first offense or during same semester of school: forfeiture of $10 plus costs.
(c) 
Third offense and each subsequent offense during same school year: forfeiture of $25 plus costs.
(2) 
Parents of students in violation of this section: for the fifth and each subsequent offense during the same school year, a forfeiture of from $50 to $150.
F. 
This section is not adopted under § 118.163, Wis. Stats. In consequence, its operation shall not be limited to cases of habitual truancy.
A. 
Prohibited. No person who is less than 18 years of age may possess, use, buy or attempt to buy any cigarette or tobacco product or falsely represent his or her age for the purpose of receiving or buying any cigarettes or tobacco product within the Village.
B. 
Penalty. Any person who is less than 18 years of age who is found to have violated this section may be issued a citation for the violation of this section and penalized with a forfeiture of not less than $15 nor more than $50, plus court costs.
[Added 2-8-1994 by Ord. No. 1-94]
A. 
Statement of purpose. It is deemed to be in the best interests of the health, welfare and safety of the minors who reside in the Village that a curfew be established requiring that they be at home or under the control of their parents, guardians or custodians during nighttime hours. This section is adopted pursuant to the authority granted to the Village Board under § 61.34, Wis. Stats.
B. 
Definitions. The following definitions shall, unless the context dictates otherwise, control application of this chapter:
MINOR
A person under the legal age of majority, or 18 years.
PARENT
Any person having legal custody of a minor as a natural or adoptive parent, legal guardian or court-appointed custodian.
[Amended 9-25-1997 by Ord. No. 5-97]
PUBLIC PLACE
All types and kinds of places owned by and/or under public control or supervision, whether by the Village government or other public bodies, which are located in the Village.
STREET
A right-of-way of whatsoever nature open to use by the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk, for pedestrian travel. The term "street" shall include not only the traveled portion of the right-of-way but, additionally, the curb, sidewalks and boulevards found within the legal right-of-way of a street. For purposes of this definition, "street" shall include alleys and roads.
TIME OF NIGHT
As referred to within references under Subsection C to "p.m." and "a.m." shall be based upon the prevailing standard of time, whether central standard time or central daylight time, generally observed at that hour by the public in the Village.
VILLAGE
The Village of Osceola and all property situated within its corporate limits.
YEARS OF AGE
The age of a person subject to this section as of his/her last birthday prior to an alleged offense.
C. 
Curfew for minors. It shall be unlawful for any person who fits in one of the following three categories to be in or upon public places, including but not limited to the public street, roads, alleys, parks, public buildings or other public facilities, in the Village during the specified time:
(1) 
Between 9:00 p.m. and 6:00 a.m. for minors less than 12 years of age.
(2) 
Between 10:00 p.m. and 6:00 a.m. for minors of 12 but less than 16 years of age.
(3) 
Between 11:00 p.m. and 6:00 a.m. for minors between 16 and 18 years of age.
D. 
Exceptions to general curfew. In the following exceptional cases, a minor found in a public place during the hours for which Subsection C establishes a curfew for a person of his or her age shall not be considered to be in violation of this section:
[Amended 9-25-1997 by Ord. No. 5-97]
(1) 
When accompanied by a parent.
(2) 
In a case of reasonable necessity when carrying a dated, handwritten note signed by the minor's parent.
(3) 
When on a sidewalk of the Village adjoining the minor's residence.
(4) 
When traveling to or from work when the minor exhibits a work permit and is scheduled to work by the employer at a time past the established curfew.
(5) 
When at a school-sponsored event or activity with parental consent, whether as a spectator or a participant.
(6) 
When traveling to and from a religious event.
E. 
Minors under supervision. Any person under the age of 18 years who is under the supervision of the Circuit Court or a Department of Social Services or Human Services for violations of state statutes, local or county ordinances or other laws shall be subject to the curfew set forth in Subsection C above for the duration of his/her supervision unless a more restrictive curfew is imposed by the Court or the custodial department.
F. 
Restrictions on routes of travel. Minors permitted to be upon public streets, roads, alleys or sidewalks at times otherwise in violation of the established curfew shall be required to travel to and from their place of residence by the most direct route.
G. 
Parents to be held liable for violations. It shall be unlawful for a parent having legal custody of a minor knowingly to permit or allow such minor to be at or remain in a public place under circumstances not falling within an exception to this section. The term "knowingly" includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody.
H. 
Penalties. Violations of this section shall be subject to the following penalties:
(1) 
First offense: warning letter sent to parent, spouse or legal guardian.
(2) 
Second and all subsequent offenses: citation to minor with forfeiture of $25 plus costs imposed.
(3) 
With respect to the third offense for which any one minor is charge and convicted within a twelve-month period, the parent, spouse or legal guardian may be cited as follows:
(a) 
First citation (i.e., third conviction of minor): forfeiture of $50 plus costs.
(b) 
Second and each subsequent offense (i.e., fourth and each subsequent conviction of minor): forfeiture of $100 plus costs.
[Added 10-11-2005 by Ord. No. 05-07[1]]
No person shall, by act or omission, knowingly encourage or contribute to truancy, as defined in § 168-23B.
[1]
Editor's Note: This ordinance also renumbered former § 168-26 as § 168-32.
[Added 10-11-2005 by Ord. No. 05-07]
No person shall, by act or omission, knowingly procure for, sell, dispense, or gift any tobacco product to anyone who has not yet attained 18 years of age.
[Added 10-11-2005 by Ord. No. 05-07]
No person, by act or omission, shall knowingly encourage or contribute to a curfew violation as defined by § 168-25.
[Added 10-11-2005 by Ord. No. 05-07]
A. 
No person shall spin tires of a motor vehicle in an excessive manner, with intent to disturb others, on any surface in a parking lot, public or private roadway, or other byway.
B. 
No person shall operate a motor vehicle on any surface, public or private, that is not designed for vehicular traffic, without express permission of the owner or governmental entity.
[Added 10-11-2005 by Ord. No. 05-07]
No person shall contact a victim or witness of an ordinance violation or adopted Wisconsin State Statute violation with intent to, and not limited to, harass, intimidate, threaten, or inappropriately gesture as to cause alarm. This section is in effect both during and after adjudication in a court of law.
[Added 10-11-2005 by Ord. No. 05-07]
A. 
No person shall enter or remain on any land of another after having been notified by the owner or occupant not to enter or remain on the premises.
B. 
Any person who shall intentionally enter a dwelling, apartment, or other space which is used as a home, residence, or sleeping place by one or more persons, who are maintaining it as a household, to the exclusion of others, is guilty of the offense, unless the person who enters has been granted permission.
[Added 4-14-2009 by Ord. No. 09-04[1]]
A. 
Definitions. The following definition shall control this section unless the context dictates otherwise:
CHILD SAFETY ZONE
Shall include any real property upon which there exists any facility used for or which supports a use of:
(1) 
A public park, parkway, parkland, park facility;
(2) 
A public swimming pool;
(3) 
A public library;
(4) 
A recreational trail;
(5) 
A public playground;
(6) 
A school for children;
(7) 
Athletic fields used by children;
(8) 
A day-care center;
(9) 
Any specialized school for children, including, but not limited to, a gymnastics academy, dance academy or music school;
(10) 
Aquatic facilities open to the public; and
(11) 
Any facility for children [which means a public or private school, a group home, as defined in § 48.02(7), Wis. Stats.; a residential care center for children and youth, as defined in § 48.02(15d), Wis. Stats.; a shelter care facility, as defined in § 48.02(17), Wis. Stats.; a foster home, as defined in § 48.02(6) Wis. Stats.; a treatment foster home, as defined in § 48.02(17q) Stats;[2] a day-care center licensed under § 48.65, Wis. Stats.; a day-care program established under § 120.13(14), Wis. Stats.; a day-care provider certified under § 48.651, Wis. Stats.; or a youth center, as defined in § 961.01(22), Wis. Stats.]
[2]
Editor's Note: Section 48.02(17q) was repealed by 2009 Act 28.
B. 
Prohibition. It shall be unlawful for any offender to enter into, congregate, loiter, wander, stroll, stand or play in or near a child safety zone under circumstances that warrant alarm for the safety of persons in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor 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 actor or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the actor 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 actor was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
C. 
Penalty. Any person who shall violate any provision of this section shall pay, upon conviction, a forfeiture not to exceed $1,000 per violation, plus court costs. Each day during which a violation of this section is permitted to exist shall be deemed to be a separate violation.
[1]
Editor's Note: This ordinance also renumbered former § 168-32 as § 168-40.
[Added 4-12-2011 by Ord. No. 11-04]
A. 
It shall be unlawful for anyone to place any type of feeder, above or on the ground, for the purpose of offering any feed such as salt, minerals, apples, corn, sunflower seeds, deer suckers, or any other type of feed for the purpose of enticing deer into any specific area of anyone's property in the Village of Osceola, except as provided in exception below.
B. 
Exception. The feeding of deer may be authorized by the Village Board.
[Added 11-8-2011 by Ord. No. 11-15]
A. 
Section 941.316(1)(a),(b) and (c) and (2)(a) and (b), Wis. Stats., are hereby adopted prohibiting the abuse of hazardous substances in a manner that does not comply with any cautionary labeling, or in a manner not intended by the manufacturer of the hazardous substance. Such abuse, often referred to as "huffing," uses the hazardous substance to induce intoxication, elation, and stupefying effects upon the nervous system.
B. 
Penalties. Any person violating this section shall be subject to a forfeiture of not less than $100 or more than $500, exclusive of costs, and upon failure to pay the same shall be confined in the county jail for not more than 30 days.
[Added 11-8-2011 by Ord. No. 11-16]
A. 
It shall be illegal for any person to possess, use, or sell (to include display or attempt to sell) any one or more of the following chemicals, whether under the common street or trade name of "Spice," "K2," "Genie," "fake" or "new" marijuana, or by any other name or description:
(1) 
Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract of such plant and every compound, derivative, or mixture of such plant, its seeds or extracts.
(2) 
(6aR, 10aR)-9-(hydroxymethyl)-66-dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo [c] chromen-1-ol with name of HU-210 or other trade names;
(3) 
1-Pentyl-3-(1-naphthoyl) indole with name of JWH-073 "Spice";
(4) 
1-Butyl-3-(1-naphthoyl) indole with name JWH-073;
(5) 
1-(3{trifluoromethylphenyl}) piperazine with trade name of TFMPP;
(6) 
Or any other structural analogs.
B. 
Penalties. Any person violating this section shall be subject to a forfeiture of not less than $300 nor more than $500, exclusive of costs, and upon failure to pay the same shall be confined to the county jail for not more than 30 days.
Any person who shall violate any provision of this chapter shall be subject to penalties as follows:
A. 
Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-19 of this Code.
[Amended 1-12-1999 by Ord. No. 99-01]
B. 
Citations for second and all subsequent offense violations for the possession of THC or marijuana shall have a minimum forfeiture of $100 plus costs imposed.
[Added 7-8-2008 by Ord. No. 08-07[1]]
[1]
Editor’s Note: This ordinance also provided for the redesignation of former Subsection B as Subsection C.
C. 
In addition to any penalty imposed for violation of § 168-15 of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 168-15 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.