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.
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.
(2)
Upon being requested to move by any such person in
authority or by any law enforcement officer, a person shall immediately
comply with such request by leaving the premises or area thereof at
the time of the request.
C.
Loitering or prowling prohibited. 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 law
enforcement officer, refuses to identify himself/herself or manifestly
endeavors to conceal himself/herself or any object. Unless flight
by the person or other circumstances makes it impracticable, a law
enforcement officer shall, prior to any arrest for an offense under
this section, 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 presence and conduct. No person shall
be convicted of an offense under this subsection if the law enforcement
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 law enforcement officer at the time, would have dispelled
the alarm.
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 meaning, 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 Town of Trenton.
A.
Background.
(1)
Home rule authority. The Wisconsin Constitution and
home rule authority authorize the Town of Trenton to adopt ordinances
regulating, restricting or prohibiting the production or emission
of noises or amplified speech, music or other sounds that tend to
annoy, disturb or frighten its citizens.
(2)
Public health hazard. Excessive sound vibration and
inadequately controlled noise are serious hazards to the public health,
safety and welfare and a source of annoyance to the populace.
(3)
Public expectation. The citizens of the Town of Trenton
have a right to an environment free from excessive sound and vibration
that may jeopardize their health and welfare or degrade the quality
of life.
(4)
Policy of the Town. It is the policy of the Town of
Trenton to protect the health, safety and welfare of its citizens
and to promote an environment free from sound and noise disruptive
of peace and good order.
(5)
Policy of preventing excessive noise. It is the policy
of the Town of Trenton to prevent excessive noise that may jeopardize
the health or welfare of its citizens or degrade the quality of life.
B.
Purpose. This section is adopted to protect, preserve
and promote the health, safety, welfare, peace and quiet of the citizens
of the Town of Trenton through the reduction, control and prevention
of loud and raucous noise, or any noise which unreasonably disturbs,
injures, or endangers the comfort, repose, health, peace or safety
of reasonable persons of ordinary sensitivity.
C.
Findings.
(1)
Degradation of environment. Loud and raucous noise
degrades the environment of the Town of Trenton to a degree that:
(2)
Essential to protect health. Both the effective control
and the elimination of loud and raucous noise are essential to the
health and welfare of the Town of Trenton's inhabitants and visitors
and to the conduct of the normal pursuits of life, including recreation,
work and communication.
(3)
Invasion of privacy. The use of sound-amplification
equipment creates loud and raucous noise that may, in a particular
manner and at a particular time and place, substantially and unreasonably
invade the privacy, peace and freedom of inhabitants of, and visitors
to, the Town of Trenton.
(4)
Necessity of temporary exemptions. Certain short-term
easing of noise restrictions is essential to allow the construction
and maintenance of structures, infrastructure and other elements necessary
for the physical and commercial validity of the Town of Trenton.
D.
Scope. This section applies to the control of all
sound originating within the jurisdictional limits of the Town of
Trenton.
E.
EMERGENCY
EMERGENCY WORK
NOISE-SENSITIVE AREA
PERSON
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
RESIDENTIAL AREA
Definitions. The following definitions shall be applicable
in this section:
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage demanding immediate attention.
Any work performed for the purpose of preventing or alleviating
physical trauma or property damage, whether actually caused or threatened
by an emergency, or work by private or public utilities when restoring
utility service.
Includes, but is not limited to, a posted area where a school,
hospital, nursing home, church, court, public library, or similar
institution is located.
Any individual, firm, association, partnership, joint venture
or corporation.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place normally accessible to the public which is owned or
controlled by a government entity.
Any real property or structures on real property owned by
a government entity and normally accessible to the public, including
but not limited to parks and other recreational areas.
Any real property which contains a structure or building
in which one or more persons reside, provided that the structure or
building is properly zoned, or is legally nonconforming, for residential
use in accordance with the terms and maps of the Town of Trenton's
Zoning Ordinance.[1]
F.
General prohibitions.
(1)
Prohibitions. No person shall make, continue or cause
to be made or continued:
(a)
Any unreasonably loud or raucous noise;
(b)
Any noise which unreasonably disturbs, injures,
or endangers the comfort, repose, health, peace or safety of reasonable
persons of ordinary sensitivity, within the jurisdictional limits
of the Town of Trenton; or
(c)
Any noise which is so harsh, prolonged, unnatural,
or unusual in time or place as to occasion unreasonable discomfort
to any persons within the neighborhood from which said noises emanate,
or as to unreasonably interfere with the peace and comfort of neighbors
or their guests, or operators or customers in places of business,
or as to detrimentally or adversely affect such residences or places
of business.
(2)
Factors in making determination of violation. Factors
for determining whether a sound is unreasonably loud and raucous include,
but are not limited to, the following:
(a)
The proximity of the sound to sleeping facilities,
whether residential or commercial;
(b)
The land use, nature, and zoning of the area
from which the sound emanates and the area where it is received or
perceived;
(c)
The time of day or night the sound occurs;
(d)
The duration of the sound; and
(e)
Whether the sound is recurrent, intermittent
or constant.
G.
Noises prohibited. The following acts are declared
to be per se violations of this section. This enumeration does not
constitute an exclusive list.
(1)
Unreasonable noises. The unreasonable making of, or
knowingly and unreasonably permitting to be made, any unreasonably
loud, boisterous or unusual noise, disturbance, commotion or vibration
in any boarding facility, dwelling, place of business or other structure,
or upon any public street, park, or other place or building. The ordinary
and usual sounds, noises, commotion or vibration incidental to the
operation of these places when conducted in accordance with the usual
standards of practice and in a manner which will not unreasonably
disturb the peace and comfort of adjacent residences or which will
not detrimentally affect the operators of adjacent places of business
is exempted from this provision.
(2)
Vehicle horns, signaling devices and similar devices.
The sounding of any horn, signaling device, or other similar device,
on any automobile, motorcycle, or other vehicle on any right-of-way
or in any public space of the Town of Trenton, for more than 10 consecutive
seconds. The sounding of any horn, signaling device, or other similar
device as a danger warning is exempt from this prohibition.
(3)
Nonemergency signaling devices. Sounding or permitting
sounding of any amplified signal from any bell, chime, siren, whistle
or similar device, intended primarily for nonemergency purposes, from
any place for more than 10 consecutive seconds in any hourly period.
The reasonable sounding of such devices by houses of religious worship,
ice cream trucks, seasonal contribution solicitors or by the Town
of Trenton or other law enforcement or government agency for traffic
control purposes is exempt from the operation of this provision.
(4)
Emergency signal devices. The intentional sounding or permitting the sounding outdoors of any emergency signaling device, including a fire, burglar, or civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided in Subsection G(4)(a) and (b) below:
(a)
Testing of an emergency signaling device shall
occur between 7:00 a.m. and 7:00 p.m. Any testing shall use only the
minimum cycle test time. In no case shall such test time exceed five
minutes. Testing of the emergency signaling system shall not occur
more than once in each calendar month.
(b)
Sounding or permitting the sounding of any exterior
burglar or fire alarm or any motor vehicle burglar alarm shall terminate
within 15 minutes of activation unless an emergency exists. If a false
or accidental activation of an alarm occurs more than twice in a calendar
month, the owner or person responsible for the alarm shall be in violation
of this section.
(5)
Radios, televisions, boomboxes, phonographs, stereos,
musical instruments and similar devices. The use or operation of a
radio, television, boombox, stereo, musical instrument, or similar
device that produces or reproduces sound in a manner that is plainly
audible to any person other than the player(s) or operator(s) of the
device, and those who are voluntarily listening to the sound, and
which unreasonably disturbs the peace, quiet, and comfort of:
(6)
Loudspeakers, amplifiers, public address systems and
similar devices.
(a)
The unreasonably loud and raucous use or operation
of a loudspeaker, amplifier, public address system, or other device
for producing or reproducing sound between the hours of 10:00 p.m.
and 7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends
and holidays in the following areas:
(b)
This shall not apply to any public performance,
gathering, or parade for which a permit has been obtained from the
Town of Trenton or which is legal under current Town ordinances.
(7)
Yelling, shouting, and similar activities. Yelling,
shouting, hooting, whistling, or singing in residential areas or noise-sensitive
areas or in public places, between the hours of 10:00 p.m. and 7:00
a.m., or at any time or place so as to unreasonably disturb the quiet,
comfort, or repose of reasonable persons of ordinary sensitivities.
(8)
Animals and birds. Unreasonably loud and raucous noise
emitted by an animal or bird for which a person is responsible. A
person is responsible for an animal if the person owns, controls or
otherwise cares for the animal or bird.
(9)
Loading or unloading merchandise, materials and equipment.
The creation of unreasonably loud, raucous, and excessive noise in
connection with the loading or unloading of any vehicle at a place
of business or residence.
(10)
Construction or repair of buildings; excavation of
streets and highways. The construction, demolition, alteration or
repair of any building or the excavation of streets and highways other
than between the hours of 7:00 a.m. and 7:00 p.m. on weekdays. In
cases of emergency, construction or repair noises are exempt from
this provision. In nonemergency situations, the Building Inspector
may issue a permit, upon application, if the Building Inspector determines
that the public health and safety, as affected by loud and raucous
noise caused by construction or repair of buildings or excavation
of streets and highways between the hours of 7:00 p.m. and 7:00 a.m.,
will not be impaired and if the Building Inspector further determines
that loss or inconvenience would result to a party in interest. The
permit shall grant permission in nonemergency cases for a period of
not more than three days. The permit may be renewed once for a period
of three days or less.
(11)
Noise-sensitive areas: schools, courts, churches,
hospitals and similar institutions. The creation of any unreasonably
loud and raucous noise adjacent to any noise-sensitive area while
it is in use, which unreasonably interferes with the workings of the
institution or which disturbs the persons in these institutions; provided
that conspicuous signs delineating the boundaries of the noise-sensitive
area are displayed in the streets surrounding the noise-sensitive
area.
(12)
Blowers and similar devices. In residential or noise-sensitive
areas between the hours of 7:00 p.m. and 7:00 a.m., the operation
of any noise-creating blower, power fan, or any internal combustion
engine, the operation of which causes noise due to the explosion of
operating gases or fluids, provided that the noise is unreasonably
loud and raucous and can be heard across the property line of the
property from which it emanates.
(13)
Commercial establishments adjacent to residential
property. Unreasonably loud and raucous noise from the premises of
any commercial establishment, including any outdoor area which is
part of or under the control of the establishment, between the hours
of 10:00 p.m. and 7:00 a.m., which is plainly audible at a distance
of five feet from any residential property.
H.
Performance standards. No activity outside an M-1
Industrial District or EA, AT and/or A-1 Agricultural District shall
produce a sound level that when measured off premises exceeds:
|
Octave Band Frequency
|
Sound Level
| |
|---|---|---|
|
0 to 75
|
65
| |
|
75 to 150
|
60
| |
|
150 to 300
|
55
| |
|
300 to 600
|
52
| |
|
600 to 1,200
|
46
| |
|
1,200 to 2,400
|
40
| |
|
2,400 to 4,800
|
34
| |
|
Above 4,800
|
32
|
I.
Exemptions. Sounds caused by the following are exempt from the prohibitions set out in Subsection G and are in addition to the exemptions specifically set forth in Subsection G:
(1)
Motor vehicles on trafficways of the local government,
provided that state or local vehicle noise standards are complied
with.
(2)
Repairs of utility structures which pose a clear and
immediate danger to life, health or public safety.
(3)
Sirens, whistles or bells lawfully used by emergency
vehicles or other alarm systems designed to protect life or property.
(4)
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
(5)
Repairs or excavations of bridges, streets or highways
by or on behalf of the local government and/or state or federal government
between the hours of 7:00 p.m. and 7:00 a.m. when public welfare and
convenience render it impractical to perform the work between 7:00
a.m. and 7:00 p.m.
(6)
Reasonable outdoor school or playground activities
conducted on public property and other public events.
(7)
Other outdoor gatherings, public dances, shows and
sporting events producing noise on a temporary basis.
J.
Enforcement.
(1)
Enforcement officials. The Chief of Police shall have
the primary responsibility for the enforcement of the noise regulations
contained herein. Nothing in this section shall prevent the Police
Chief from obtaining voluntary compliance by way of warning, notice
or education.
(2)
Enforcement considerations. If a person's conduct
would otherwise violate this section and consists of free speech or
religious questions, the person may be ordered to, and have the opportunity
to, move, disperse, or otherwise remedy the violation prior to arrest
or a citation being issued.
K.
Penalties. A person who violates a provision of this section may be punished by a forfeiture as provided in Chapter 1, § 1-5 of this Code. Each occurrence of a violation or, in the case of continuous violations, each day a violation occurs or continues constitutes a separate offense and may be punished separately.[2]
A.
Disorderly conduct prohibited. No person within the
Town of Trenton 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.
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 Town,
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, or to indecently expose his person.
C.
Indecent conduct and language prohibited. No person
shall use any indecent, vile, profane or obscene language or conduct
himself/herself in any indecent, lewd, lascivious or obscene manner
within the Town.
[Amended 11-20-2023 by Ord. No. 2023.11.03]
A.
FIREARM
OTHER DANGEROUS WEAPON
Definitions. For the purposes of this section, the following definitions
shall apply:
A weapon which expels a missile, bullet, or shot by the explosive
force of gunpowder, compressed air, or compressed gas, whether from
cartridge, shell or other container. "Firearm" shall include, but
shall not be limited to, all types of shotguns, rifles, and revolvers.
Bow and arrow, crossbow, slingshot, blowgun, or other similar
weapons.
B.
Discharge of weapons regulated, and statutes incorporated.
(1)
The purpose of the regulations of this subsection is to protect the
public health and safety.
(2)
Adoption of statutes.
(a)
The following Wisconsin State statutory provisions describing
and defining the regulations of firearms and dangerous weapons, exclusive
of any provisions therein relating to penalties to be imposed, are
adopted by reference and made a part of this section as if fully set
forth herein:
(b)
This subsection is intended to be as restrictive as the foregoing
Wisconsin State Statutes. In the event the Wisconsin State Statute
sections described above are amended or renumbered or otherwise revised,
the amended, renumbered or revised Wisconsin State Statutes are incorporated
herein and shall control.
(3)
It shall be unlawful for any person to discharge any firearm or other
dangerous weapon within the boundaries of the Town in a careless and
heedless manner and in willful and wanton disregard for the rights
and safety of others, or without due caution, or in a manner so as
to endanger or likely to endanger property or any person.
(4)
It shall be unlawful for any person other than a law enforcement
officer in the performance of official duties to use or discharge
a firearm or other dangerous weapon:
(a)
Within 300 feet of a building devoted to human occupancy without
the permission of the owner or occupant. The term "building," as used
in this subsection, shall not include a house trailer, mobile home,
tent, bus, truck, vehicle or similar portable unit.
(b)
Within a distance of 100 feet from the center line of any highway
or road surfaced with concrete or blacktop.
(c)
Within any land owned by the Town.
(d)
Within any publicly owned land except as expressly allowed and
duly authorized by state law.
(5)
In no case shall a firearm or other dangerous weapon be discharged
in a direction that could result in the projectile landing on or flying
over:
(6)
The provisions of this section which regulate the location of the
discharge of a firearm or other dangerous weapon shall not apply to
the discharge of firearms or other dangerous weapons within shooting
ranges that are properly permitted, provided the discharge is conducted
fully in compliance with the conditions of the permit, the rules of
the shooting range, and other applicable laws.
(7)
Pursuant to § 66.0409, Wis. Stats., as amended, this section
does not restrict an actor's conduct that "is justified" or would
be subject to a privileged defense from criminal liability under § 939.45,
Wis. Stats., as amended.
A.
Resisting or obstructing an officer. No person shall,
without reasonable excuse, resist or in any way interfere with any
officer of the Town of Trenton while such officer is doing any act
in his/her official capacity and with lawful authority. Whoever knowingly
resists or obstructs an officer while such officer is doing any act
in an official capacity and with lawful authority is acting in violation
of this section.
B.
OBSTRUCTS
OFFICER
Definitions. Terms used in this section are defined
as follows:
Includes, without limitation, knowingly giving false information
to the officer or knowingly placing physical evidence with the intent
to mislead the officer in the performance of his/her duties.
A peace officer or other public officer or public employee
having the authority by virtue of the officer's or employee's office
or employment to take another into custody.
A.
FLASHLIGHT
LIGHT
PEACE OFFICER
SHINING
Definition. Terms used in this section are defined
as follows:
A battery-operated light designed to be carried and held
by hand.
Include flashlights, automobile lights, and other lights.
Has the meaning designated under § 939.22(22),
Wis. Stats.
The casting of rays of a light on a field, forest, or other
area for the purpose of illuminating, locating, or attempting to illuminate
or locate wild animals.
B.
Presumption. A person casting the rays of light on
a field, forest, or other area which is frequented by wild animals
is presumed to be shining animals. A person may introduce evidence
to rebut this presumption.
C.
Shining wild animals from roadways prohibited.
(1)
Prohibition. No person may use, or possess with intent
to use, a light for shining wild animals from any roadway, or from
a vehicle, as defined in § 340.01(74), Wis. Stats., located
on a roadway.
(2)
Exceptions. This subsection does not apply:
(a)
To a peace officer on official business, an
employee of the Wisconsin Department of Natural Resources on official
business, or a person authorized by the Department to conduct a game
census.
(b)
To a person who possesses a flashlight or who
uses a flashlight at the point of kill while hunting on foot raccoons,
foxes or other unprotected animals during the open season for the
animals hunted.
(c)
To a person who possesses a flashlight or who
uses a flashlight while on foot and training a dog to track or hunt
raccoons, foxes or other unprotected animals.
(d)
If rules promulgated by the Wisconsin Department
of Natural Resources specifically permit a person to use or possess
a light for shining wild animals in a manner otherwise prohibited
by this section.
A.
Authority. This section is adopted under the authority
granted by Ch. 961, Wis. Stats. and § 66.0107(1)(bm), Wis.
Stats.
B.
Definitions. "Marijuana" and "practitioner" as used
in this section shall be defined according to § 961.01(14)
and (19), Wis. Stats., respectively.
C.
Possession of marijuana. It shall be unlawful for
any person to carry, possess, or use 25 grams or less of marijuana,
unless such substance was obtained directly from, or pursuant to,
a valid prescription or order of a practitioner filled out in the
course of his/her professional practice, or except as otherwise authorized
by Ch. 961, Wis. Stats. Any person who is charged with possession
of any amount of marijuana following a conviction for possession of
marijuana in this state shall not be prosecuted under this section
and shall be charged criminally.
A.
No person shall utilize the E911 emergency telephone
system for any purpose other than to report an emergency.
B.
It shall be unlawful to report an alleged emergency
knowing that the actual situation which is being reported does not
exist.
C.
An emergency under this section exists when the person
reasonably believes that immediate response by public safety personnel
is essential due to the risk or actual occurrence of:
D.
Any person who violates this section shall be issued
a citation and shall be subject to fine or forfeiture.
