Village of Sauk City, WI Article V Offenses Against Public Peace, Good Order and Other Public Interest [1]

[1] Editor's Note: Original §§ 9.05.04, 9.05.07, 9.05.11 and 9.05.12, which were part of this article, have been moved and included in Ch, 211, Minors.

§ 239-19 State laws adopted.

The following Wisconsin Statutes are hereby adopted by reference as though fully set forth herein:

A. Disorderly conduct (§ 947.01).

B. Bomb scares (§ 947.015).

C. Unlawful assemblies and their suppression (§ 947.06).

D. False swearing (§ 946.32).

E. Fraudulent tapping of electric wires of gas or water meters or pipes (§ 941.36).

[Amended 3-14-2017 by Ord. No. 2017-1]

F. Refusing to aid officer (§ 946.40).

G. Resisting or obstructing officer (§ 946.41).

H. Escape (§ 946.42).

I. Impersonating a peace officer (§ 946.70).

J. Falsely assuming to act as a public officer or employee or a utility employee (§ 946.69).

[Amended 3-14-2017 by Ord. No. 2017-1]

K. Crimes against animals (§§ 951.015 to 951.15).

[Amended 3-14-2017 by Ord. No. 2017-1]

L. Tampering with public records and notices [§ 946.72(2)].

[Amended 3-14-2017 by Ord. No. 2017-1]

M. Unlawful use of telephone (§ 947.012).

[Amended 3-14-2017 by Ord. No. 2017-1]

N. Unlawful use of computerized communication systems (§ 947.0125).

[Amended 3-14-2017 by Ord. No. 2017-1]

O. Harassment (§ 947.013).

[Amended 3-14-2017 by Ord. No. 2017-1]

P. Lewd and lascivious behavior (§ 944.20).

Q. Underage and intoxicated persons; presence on licensed premises; possession (§ 125.07).

R. Lewd, obscene, or indecent matter, pictures and performances (§ 944.21).

[Amended 3-14-2017 by Ord. No. 2017-1]

S. Making lewd, obscene, or indecent drawings (§ 944.23).

[Added 3-14-2017 by Ord. No. 2017-1]

T. Prostitution (§ 944.30).

[Added 3-14-2017 by Ord. No. 2017-1]

U. Patronizing prostitutes (§ 944.31).

[Added 3-14-2017 by Ord. No. 2017-1]

V. Pandering (§ 944.33).

[Added 3-14-2017 by Ord. No. 2017-1]

W. Keeping place of prostitution (§ 944.34).

[Added 3-14-2017 by Ord. No. 2017-1]

§ 239-20 Noise.

A. No person or no persons, firm or corporation occupying or having charge of any building or premises, or any part thereof, shall within the Village of Sauk City:

(1) Make or assist in making any noise tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof unless the making and continuing of the same cannot be prevented or is necessary for the protection of or preservation of property or of the health, safety, life or limb of some person.

(2) Cause, suffer, or allow any loud, excessive or unusual noise in the operation of or use of any radio, phonograph, or other mechanical or electrical device, instrument or machine, which loud, excessive or unusual noise shall disturb the comfort, quiet and repose of persons therein or in the vicinity.

(3) Keep or allow to be kept any animal or bird which shall habitually by any noise disturb the peace and quiet of any person in the vicinity thereof.

B. No person, firm or corporation shall use or operate, or cause to be used or operated, in or upon any public street, or from any aircraft, any device, apparatus or instrument for the amplification of the human voice or any sound or noise, or other sound-making or sound-reproducing device, except between the hours of 11:00 a.m. and 1:30 p.m. and 5:00 p.m. and 7:00 p.m., Sunday through Friday, and from 9:00 a.m. to 7:00 p.m. on Saturday; provided, however, that such restriction shall not apply to churches or to the production of sounds of any nature produced incidental to the operation of any governmental function or to the production of sounds of any nature produced incidental to the operation of any authorized emergency vehicle or to the use of sound-producing equipment authorized pursuant to Wisconsin Statutes or to the use of sound-producing equipment incidental to any street use or parade permit. No person, firm or corporation shall make or cause to be made, for the purpose of advertising or announcing his vocation or presence, or in connection with the buying or selling of any goods, wares, merchandise, services, or anything whatsoever, or with the carrying on of any trade, occupation, vocation or profit-making activity, an immediate or excessive use of the voice or of any bell, gong, horn, instrument, article, or device. The violation of this section in connection with any license or permit shall be cause for the revocation thereof.

§ 239-21 Obscene language and sexual conduct in public places.

A. No person shall in any public place use any obscene language or sexual conduct within the Village of Sauk City.

B. In this section the following definitions apply:

LANGUAGE

Words or sounds or gestures or any combination thereof.

OBSCENE

Language or sexual conduct which taken as a whole:

(1) Appeals to a prurient interest in sex;

(2) Portrays sexual conduct in a patently offensive way; and

(3) Does not have serious literary, artistic, political or scientific value.

SEXUAL CONDUCT

Acts of sexual intercourse between humans, normal or perverted, actual or simulated acts of masturbation, fellatio, cunnilingus, and acts of excretory functions, lewd exhibition of the genitals, especially in a stimulated condition, and sexual relations between humans and animals.

§ 239-22 Conduct towards wildlife.

[Amended 7-11-2017 by Ord. No. 2017-5]

A. No person shall willfully or wantonly kill, destroy, catch, wound, maim, worry or molest any songbird or squirrel, nor shall any person permit any dog or cat owned by him or in his charge to chase, worry, molest, or disturb any songbird or squirrel within the Village of Sauk City.

B. No person shall intentionally feed or participate in feeding any waterfowl, geese, gulls, pigeons, or other birds on any property owned by the Village, including in parks, on trails, on sidewalks, or in other recreation areas.

§ 239-23 Unauthorized presence on school property.

A. It shall be unlawful for any person, except as provided in Subsection B hereof, to be present in any public school building or on any public school grounds without the permission of the school principal, custodian or other person in charge thereof.

B. This section shall not apply to:

(1) Students regularly enrolled in public schools who have not been properly ordered by the school principal, custodian or other person in charge thereof to leave the school building or school grounds.

(2) Persons coming into the school building or grounds for the purpose of attending scheduled school or civic functions, or making use of the recreational facilities located upon or within school premises, but as to such attendance or use, this exception shall apply only to the portion of the premises on which such facilities are located and during the hours such facilities are specifically opened to the general public or an invited portion thereof.

(3) Parents or legal guardians of a regularly enrolled student. However, such parent or legal guardian may be required to register at the school office.

C. The exceptions set forth in Subsection B shall not apply to any person who, while in school buildings or on school grounds, commits or attempts to commit any act prohibited by statute or ordinance.

§ 239-23.1 Child sex offender restrictions.

[Added 8-13-2013 by Ord. No. 2013-3]

A. Findings. The Village Board of the Village of Sauk City, Wisconsin, has determined that there is a risk that persons convicted of a sexual offense against a child may reoffend in locations close to where children tend to congregate. Due to the high rate of recidivism for child sexual offenders, reducing the opportunity and temptation is important to minimizing the risk of reoffense. Accordingly, there is a need to protect children where they congregate or play in public places. Therefore, it is the intent of this section to serve the Village's compelling interest to promote, protect, and improve the health, safety, and welfare of the children of the Village of Sauk City by prohibiting convicted sexual offenders from loitering or being present in specified areas around locutions where children regularly congregate in concentrated numbers. In addition to schools and day-care centers, the Village finds and declares that children congregate or play at child-oriented facilities, such as parks and playgrounds and libraries. This section also recognizes that convicted sexual offenders must reenter the community and the Village of Sauk City accepts that it has a responsibility to convicted sexual offenders and the surrounding area municipalities to ensure that its regulatory measures are not aimed at prohibiting convicted sexual offenders from being part of this society. This section is not intended to be a criminal penalty.

B. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning. All other terms are to be given their commonly used and understood meaning.

CHILD

A person under the age of 15.

DESIGNATED OFFENDER

Any person:

(1) Who has been convicted of a sexual offense against a child, and is required to register under Wis. Stat. § 301.45; or

(2) Is under court-ordered supervision by the Wisconsin Department of Corrections for any sexual offense against a child.

(3) The term "designated offender" does not include a person who:

(a) At the time of the offense was under the age of 18; and

(b) Was not tried and convicted of the offense as an adult.

LOITER-FREE ZONE

A one-hundred-foot radius surrounding all restricted zones, except businesses defined in the Restricted Zone Map on file at the Village Clerk's office.

LOITERING

Has the meaning given under § 239-15 of this chapter.

RESTRICTED ZONE MAP

An official map, maintained by the Village, showing restricted zones designated in red and loiter-free zones designated in yellow. The Village shall update the Restricted Zone Map as needed to reflect any changes in the location of restricted zones and loiter-free zones. Any such changes shall be made at a regularly scheduled meeting of the Village Board with approval by the full board. Restricted Zone Maps will be available at the Village Office.

RESTRICTED ZONES

Certain areas that are designated by the Village as areas children congregate, including, but not limited to, schools, parks, libraries, playgrounds, licensed day-care centers, or any other place designated by the Village as a place where children are known to congregate. Restricted zones will not expand beyond the real estate parcel or parcel(s) upon which the building, park, or establishment is located that prompted the Village's designation of the property as a restricted zone. A restricted zone will include contiguous parcels used for ancillary purposes, such as an athletic field located adjacent to a school.

C. Locations and acts prohibited.

(1) Restricted zones:

(a) Prohibitions. It is unlawful for any designated offender to be physically present within a restricted zone under any of the following circumstances:

[1] When children are present or should be known to be present; or

[2] Monday through Friday, in a school or day-care center restricted zone between 7:00 a.m. and 11:00 p.m.; or

[3] In a park or playground restricted zone between 7:00 a.m. and 11:00 p.m.

(b) Exceptions. A designated offender may be physically present on any day or time within a restricted zone if either of the following conditions are met:

[1] The designated offender has official business in the zone; or

[2] The zone includes a facility, which is lawfully attended by the designated offender's natural or adopted children; or

[3] The designated offender has received preapproval from the Sauk Prairie Police Department.

(2) Loiter-free zones. It is unlawful for any designated offender to loiter within a restricted zone or loiter-free zone.

D. Penalty. A person who violates this section shall be subject to a forfeiture of not less than $250, nor more than $500, exclusive of costs, for the first offense. Any subsequent violation of this section shall result in a forfeiture of not less than $750, nor more than $1,000.

E. Effective date. This section shall become effective upon its passage and publication.

§ 239-24 Possession of controlled substances.

It is unlawful for any person to possess a controlled substance, other than a controlled substance classified in Schedule I or II[1] 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 professional practice, or except as otherwise authorized by this article.

[1] Editor's Note: See Ch. 961, Wis. Stats.

§ 239-25 Aid to prisoners.

No person shall intentionally aid any prisoner or person to escape from the lawful custody of a policeman or peace officer of the Village.

§ 239-26 Alcoholic beverages in public areas.

[Amended 6-13-2006 by Ord. No. 2006-4]

A. Regulations. It shall be unlawful for any person to sell or serve, or offer to sell or serve, or to consume, or to carry or expose to view any open container of any alcoholic beverage upon any street, sidewalk, alley, public parking lot, highway, cemetery or other public area within the Village or on private property without the owner's consent. Village-owned parks or recreation areas are exempt from this prohibition, except that glass containers are prohibited.

B. Exceptions.

(1) The provisions of this section may be waived by the Village Board for duly authorized events.

(2) This section shall not apply to any organization which has been issued a special Class "B" fermented malt beverage picnic license pursuant to Chapter 188 of this Code.

C. Definitions. As used in this section, the following terms have the meaning indicated:

ALCOHOLIC BEVERAGE

Includes all ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, as well as all liquors and liquids made by the alcoholic fermentation of an infusion in potable water of barley malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar, which contain 1/2 of 1% or more of alcohol by volume and which are fit for use for beverage purposes.

PUBLIC AREA

Any location within the Village which is open to access to persons not requiring specific permission of the owner to be at such location, including all parking lots serving commercial establishments.[1]

[1] Editor's Note: Original § 9.05.13, Prohibition of live, totally nude, non-obscene, erotic dancing in establishments licensed to sell alcohol beverages, which immediately followed this section, was deleted 6-13-2006 by Ord. No. 2006-4. See now Ch. 188, § 188-9.

§ 239-27 Disorderly conduct with a motor vehicle.

[Added 10-8-2019 by Ord. No. 2019-8[1]]

No driver of any vehicle, including motorcycles, all-terrain vehicles, and bicycles, shall cause the tires of such vehicle or cycle to spin and emit loud noises or to unnecessarily throw stones or gravel as a result of excessive and unnecessary acceleration; nor shall such driver cause to be made any loud noise by excessive and unnecessary acceleration as would disturb the public peace.

[1] Editor's Note: This ordinance also renumbered former §§ 239-27 and 239-28 as §§ 239-40 and 239-45, respectively.

§ 239-28 through § 239-39. (Reserved)