[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.]
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.
[Amended 11-17-2014 by Ord. No. 2014-05; 2-15-2021 by Ord. No. 2021-01]
A.
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.
B.
Exceptions.
(1)
Hunting.
Hunting shall be allowed within that City of Lancaster owned land
located on County Highway K and identified on the attached map.[1] Hunting shall only be allowed within this identified area
pursuant to a lease agreement entered into between the City and a
lessee, who shall be a resident of the City of Lancaster, subject
to the following regulations:
(a)
Hunting shall only be allowed during the regular nine-day deer gun
hunting season (traditionally occurs at the end of November) and the
deer archery and crossbow season (traditionally occurs September through
January) and is restricted to the hunting of deer only.
(b)
During the nine-day deer gun hunting season, the Lancaster Trail
shall be closed to the public.
(c)
Notwithstanding Subsection B(1)(a) above and § 327-4 of this Code (prohibiting the shooting of arrows), a shotgun, rifle, bow and arrow, crossbow, or other like weapon that is allowed to be used during the hunting seasons specified above may be discharged for hunting purposes on the identified City-owned land.
(d)
During archery and crossbow season, no projectiles from a bow, crossbow,
or other like weapon shall be discharged or come to rest within 100
yards of any portion of the Lancaster Trail, nor shall any such projectiles
cross over any portion of the Lancaster Trail.
(e)
All state and federal hunting and firearm regulations must be followed
and obeyed.
(f)
Only individuals who possess the requisite Department of Natural
Resources hunting license(s) shall be allowed to hunt.
(g)
The hunting lease entered into between the City and lessee shall
provide rules and regulations that include, but are not limited to,
access for scouting, placement of trail cameras, and use of hunting
structures. Additionally, the lessee shall be required to provide
names, contact information, license information, and a general hunting
plan for all persons that the lessee allows to hunt on the land.
[1]
Editor's Note: Said map is on file in the City offices.
[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.
[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.
[Amended 10-17-2022 by Ord. No. 2022-05]
B.
Fireworks may only be used and displayed in open areas by public
authorities, fair associations, amusement parks, park boards, civic
organizations, and other local groups when a permit for such use has
been granted by the Mayor or a person designated by the Mayor to issue
said permit. All applications shall be referred to the Fire Chief
and Police Chief for investigation and report prior to the permit
being approved or denied. No permit shall be granted unless it is
determined that the applicant will use the fireworks in a public exhibition,
that all reasonable precautions will be exercised with regard to the
protection of lives and property, and that the display will be handled
by a competent licensed operator and conducted in a safe and suitable
place.
C.
The fireworks permit application shall be submitted to the City Clerk
or Administrator at least 30 days in advance of the date set for the
public exhibition of fireworks.
D.
Every permittee and licensed operator under this section shall have
and maintain commercial general liability insurance with a minimum
limit of $1,000,000 per occurrence; additional limits may be requested
upon review by the City. Said insurance shall include coverage for
bodily injury, property damage, and contractual liability, and name
the City, its officers, officials, employees and agents as additional
insureds. It shall also provide that the City receive written notice
30 days prior to any cancellation, nonrenewal or material change in
the policy. A certificate of insurance for the permittee and licensed
operator shall be submitted along with the permit application. The
certificate of insurance must clearly provide whether the insurance
policy provides coverage for injuries or damage caused by the use
of fireworks. In addition, the applicant and licensed operator shall
agree to indemnify, defend, and hold harmless the City and its officers,
officials, employees and agents against all claims, liability, loss,
damage, or expense incurred by the City on account of any injury to
or death of any person or any damage to property caused by or resulting
from the activities for which the permit is granted.
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.
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.
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.
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.
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.
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.
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.
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.
[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.
[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.
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.
[Added 3-20-2017 by Ord.
No. 2017-07]
A.
Theft of library materials. Section 943.61, Wis. Stats., and any
amendments thereto, relating to the theft of library materials, exclusive
of any penalty imposed thereby, is adopted by reference and made a
part of this section as though set forth in full.
B.
Lost or damaged materials. No person shall burn, tear, mutilate,
deface, destroy, or damage any book, magazine, newspaper, video, audio
disc or other library material which is the property of or in the
care of the Schreiner Memorial Library.
C.
Unlawful retention of library materials. No person shall fail, following
demand sent by regular mail, to return or make full restitution for
any overdue library material which is the property of or in the care
of the Schreiner Memorial Library within 30 days of the demand being
sent.
D.
Penalty. Any person who violates any provision of this section shall pay the replacement cost of any lost or damaged library material and any fines for overdue library materials pursuant to the rules, regulations, and policy duly made and adopted by the Schreiner Memorial Library Board and, in addition thereto, shall be subject to a penalty as provided in § 1-4 of this Municipal Code.
[Added 4-20-2020 by Ord. No. 2020-06]
A.
No person
shall willfully violate or obstruct the execution of any state statute
or rule, City of Lancaster ordinance, or Wisconsin Department of Health
Services order issued pursuant to Chapter 252 of the Wisconsin Statutes
and relating to public health.
B.
Any person
who violates this section shall be subject to a forfeiture of $100.
