City of Lancaster, WI
Grant County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Lancaster 8-15-2005 by Ord. No. 2005-06 as §§ 9.01 to 9.09, 9.12 to 9.14, 9.17 and 9.30 of the 2005 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 91.
Nuisances — See Ch. 316.

§ 327-1 Offenses against state laws; adoption by reference.

Except as otherwise specifically provided in this chapter, all provisions of Chs. 23, 29, 125, 175, 254, 938, 939, 940, 941, 943, 944, 946, 947, 951 and 961, Wis. Stats., including all subsequent revisions and amendments, describing and defining offenses against the peace and good order of the state are adopted by this reference to define offenses against the peace and good order of the municipality, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture as either imposed under § 1-4 of this Municipal Code or where applicable to be determined in accordance with the deposit and/or bond schedule established by the Wisconsin Judicial Conference and shall include the penalty assessment established under § 757.05, Wis. Stats., and costs. When issuing citations for these violations, the issuing officer shall issue such violations as under this section but shall also include the reference to the specific statutory provision for such violation.

§ 327-2 Possession and discharging of firearms restricted.

[Amended 11-17-2014 by Ord. No. 2014-05]
No person, except a law enforcement officer in carrying out his official duties, shall fire or discharge any firearm, rifle, spring or air gun, or any other propellant within the City, except where the use of such firearm or arms is required for the protection of person or property. No person shall carry any concealed pistol, revolver, or other similar firearm about the City, nor have any firearm, rifle, or spring or air gun in his or her possession, unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container, except that this provision shall not apply to any law enforcement officer entitled to carry firearms or to persons holding a valid permit to do so.

§ 327-3 Firearms in public buildings.

[Added 9-19-2011 by Ord. No. 2011-05]
A. 
Pursuant to § 943.13(1m)(c)4, Wis. Stats., no person shall enter or remain in any part of a building owned, occupied or controlled by the City of Lancaster if the City of Lancaster has notified the person not to enter or remain in the building while carrying a firearm or a specific type of firearm.
B. 
The City Administrator shall cause signs to be created at all entrances to all buildings owned, occupied or under the control of the City of Lancaster providing notice that no person is to enter or remain in any such building while carrying a firearm. Such signs shall be five inches by seven inches or larger.
C. 
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 § 939.22(22), Wis. Stats., for purposes of this subsection "peace officer" does not include a commission warden who is not a state-certified commission warden.
D. 
Nothing in this section shall be construed to authorize the carrying of any firearm or dangerous weapon contrary to § 941.23 or 941.235, Wis. Stats.

§ 327-4 Throwing or shooting of arrows, stones and other missiles.

[Amended 11-17-2014 by Ord. No. 2014-05]
No person shall throw or shoot any object, arrow, stone, 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, adjoining property or any public place within the City, provided the Chief of Police may grant a permit for archery for a period of not more than one year.

§ 327-5 Sale and discharge of fireworks.

Section 167.10, Wis. Stats., regulating the sale and use of fireworks, exclusive of any penalty imposed thereby, is adopted by reference and made a part of this section as though set forth in full.

§ 327-6 Obstructing streets and sidewalks.

No person shall stand, sit, loaf, loiter or engage in any sport or exercise on any public sidewalk, bridge or public ground within the City in such manner as to obstruct the free passage of pedestrian or vehicular traffic or to an extent prohibited by state or federal law, including the Americans with Disabilities Act. No person may obstruct, as defined in the preceding sentence, any street in the City without the permission of the Chief of Police for Lancaster.

§ 327-7 Loud and unnecessary noise.

A. 
No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley, park or private residence.
B. 
The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
(1) 
The volume of the noise;
(2) 
The intensity of the noise;
(3) 
Whether the nature of the noise is usual or unusual;
(4) 
Whether the origin of the noise is natural or unnatural;
(5) 
The volume and intensity of the background noise, if any;
(6) 
The proximity of the noise to residential sleeping facility;
(7) 
The nature and zoning of the area within which the noise emanates;
(8) 
The nature of the activity and its historical presence and acceptance by the community at large over a significant period of time;
(9) 
The density of the inhabitation of the area within which the noise emanates;
(10) 
Time of day or night the noise occurs;
(11) 
The duration of the noise;
(12) 
Whether the noise is recurrent, intermittent, or constant; and
(13) 
Whether the noise is produced by a commercial or noncommercial activity.
C. 
The race track located at the Grant County Fairgrounds shall be exempt from this section related to noise at all times that properly sanctioned activities are taking place at said facility and as authorized by the Grant County Board, City of Lancaster Common Council, or any other authorized group or committee.

§ 327-8 Loitering.

A. 
Loitering or prowling. No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct.
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 places within the City, in such manner as to prevent, interfere with or obstruct the ordinary free use of the 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.

§ 327-9 Destruction or disturbance of property.

No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the City or its departments, or to any private person without the consent of the owner or proper authority.

§ 327-10 Littering.

No person shall throw any glass, garbage, rubbish, waste, slop, dirty water or noxious liquid, or other litter or unwholesome substance upon the streets, alleys, highways, public parks or other property of the City, or upon any private property not owned by him or upon the surface of any body of water within the City.

§ 327-11 Open cisterns, wells, basements or other dangerous excavations.

No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or 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. Any violation of this section is a public nuisance and may be disposed of in accordance with Ch. 823, Wis. Stats.

§ 327-12 Abandoned or unattended ice boxes.

No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure, under his control in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside without first removing such door or lid, snap lock or other locking device from such ice box, refrigerator or container, unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.

§ 327-13 Loitering in school and playground areas.

No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand or play in any school building or in or about any playground area adjacent thereto within the City between 8:00 a.m. and 4:00 p.m. on official school days. The exception to this provision shall be the use of the Kid's Courtyard located at Winskill Elementary and the tennis courts located at the Lancaster Senior High School during normal hours of operation.

§ 327-14 False alarms.

[Amended 11-17-2014 by Ord. No. 2014-05]
Any person, corporation, institution or entity possessing an alarm system, whether fire alarm system, burglar alarm system, or otherwise, who or which intentionally, negligently or inadvertently gives a false alarm to any public officer or employee of the City of Lancaster or to the City of Lancaster Fire Department shall pay a service charge to the City of Lancaster in a sum as provided in the City's Fee Schedule for each such false fire alarm and for each such false security alarm exceeding two such false fire/security alarms in a calendar year.

§ 327-15 Smoking prohibited.

[Added 8-26-2010 by Ord. No. 2010-04 (§ 11.14 of the 2005 Code); amended 11-17-2014 by Ord. No. 2014-05]
The statutory provisions describing and defining regulations with respect to smoking contained in § 101.123, Wis. Stats., known as the "Clean Indoor Air Act," exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of such statutes, are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by § 101.123, Wis. Stats., and incorporated herein by reference is required or prohibited by this section.

§ 327-16 Violations and penalties.

A. 
Except as otherwise provided in this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Municipal Code.
B. 
In addition to any penalty imposed for violation of § 327-9 of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for costs of replacing or repairing such damaged or destroyed property. The parents or guardian of any unemancipated minor child who violates § 327-9 or any statute of a similar nature may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.