A.
Discharge of firearms regulated.
(1)
No person, except a law enforcement officer in the performance of
an official duty, shall fire or discharge any firearm, rifle or spring
gun of any description in his/her possession or under his/her control
within the Village of Athens, provided that this subsection shall
not prevent the maintenance and use of rifle or pistol ranges or shooting
galleries authorized by the Village Board, or the firing or discharging
of BB guns upon private premises by persons over 16 or under the direct
personal supervision of a parent or legal guardian.
(2)
The Chief of Police may issue written permits to owners or occupants
of private premises to hunt or shoot on such premises if he/she finds
such privileges necessary for the protection of life or property and
subject to such safeguards as he/she may impose for the safety of
the lives and property of other persons within the Village.
B.
Hunting prohibited. Except in areas designated by the Village Board for shotgun-only or archery-only hunting, no hunting of any kind (including pursuing, driving or chasing animals) shall be allowed within the corporate boundaries of the Village of Athens except as permitted in Subsection A above or as allowed by Wisconsin state statutes on private land. Open hunting season as defined by the Wisconsin Department of Natural Resources shall not be effective within such municipal boundaries.
[Amended 10-27-2014]
C.
Shooting into Village limits. No person shall, in the territory adjacent
to the Village, discharge any firearm in such manner that the discharge
shall enter or fall within the Village of Athens in a dangerous manner.
E.
Throwing or shooting of arrows, stones, or other missiles prohibited.
(1)
It shall be unlawful for any person to discharge or cause the discharge
of any dangerous missile from any slingshot, bow and arrow, crossbow,
or other means within 100 yards of a building or any public park,
square or enclosure. This restriction shall not apply if the person
hunting has on his/her person the written permission of the building
owner to hunt with the specified distance of the building. A person
throwing, shooting or hunting with a slingshot, bow and arrow or crossbow
shall discharge the arrow or bolt from the respective weapon from
an elevated height toward the ground.
[Amended 10-27-2014]
(2)
This subsection shall not apply:
(a)
To the shooting or discharging of toy arrows or arrows which
have a tip made of rubber or similar material.
(b)
To an archery range approved by the Village Board or such other
places specifically authorized by the Village Board.
(c)
Within the interior of a single-family dwelling.
(d)
To private archery practice supervised by a responsible adult,
provided that such targets are placed in front of an open agricultural
field in such a manner as to prevent stray arrows from crossing or
entering adjacent properties, provided that such person first has
been granted permission by the Chief of Police, in writing, to construct
and maintain an approved archery range if in the opinion of the Chief
of Police the construction of such range will in no way endanger the
public health and safety.
F.
Definitions. For purposes of this section, a firearm is defined as
any instrumentality from or with which a shot, bullet or pellet may
be discharged or expelled, regardless of whether the propelling force
is provided by air, spring or other similar mechanical device, or
gunpowder.
[Amended 10-24-2011]
A.
DANGEROUS WEAPON
ELECTRIC WEAPON
FIREARM
HANDGUN
LAW ENFORCEMENT OFFICER
QUALIFIED OUT-OF-STATE LAW ENFORCEMENT OFFICER
(1)
(2)
(3)
(4)
(5)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any firearm, whether loaded or unloaded; any device designed
as a weapon and capable of producing death or great bodily harm; any
ligature or other instrumentality used on the throat, neck, nose,
or mouth of another person to impede, partially or completely, breathing
or circulation of blood; any electric weapon, as defined in § 941.295(1c)(a),
Wis. Stats.; or any other device or instrumentality which, in the
manner it is used or intended to be used, is calculated or likely
to produce death or great bodily harm. (§ 939.22, Wis. Stats.)[1]
Any device which is designed, redesigned, used or intended
to be used, offensively or defensively, to immobilize or incapacitate
persons by the use of electric current. [§ 941.295(1c)(a),
Wis. Stats.]
A weapon that acts by force of gunpowder.
True handguns designed to be fired one-handed, and does not
include machine guns, rifles or shotguns. [§ 175.60(1)(bm),
Wis. Stats.]
Any person employed by the State of Wisconsin, or any political
subdivision of this state, for the purpose of detecting and preventing
crime and enforcing laws or ordinances and who is authorized to make
arrests for violations of the laws and/or ordinances he/she is employed
to enforce.
A law enforcement officer to whom all of the following apply:
The person is employed by a state or local government agency
in another state;
The agency has authorized the officer to carry a firearm;
The officer is not the subject of any disciplinary action by
the agency that could result in the suspension or loss of the person's
law enforcement authority;
The person meets all standards established by the agency to
qualify the person on a regular basis to use a firearm; and
The person is not prohibited under federal law from possessing
a firearm.
B.
Firearms and dangerous weapons regulations.
(1)
Concealed carry; license/permit requirement. Except as provided in Subsection B(2) below, no person shall carry on his or her person any concealed firearm(s) or other dangerous weapon(s) unless a valid license/permit as designated under § 175.60, Wis. Stats., has been duly issued. The weapons that are eligible to be carried while concealed are handguns, electric weapons, knives except switchblades, and billy clubs.
(2)
Law enforcement and military personnel exceptions. Subsection B(1) above does not apply to:
(a)
A sworn law enforcement officer as defined in § 175.60,
Wis. Stats.
(b)
A former law enforcement officer who satisfies all of the following
requirements:
[1]
The former officer has been issued a photographic identification
document or identification or certification card;
[2]
The weapon carried is a firearm that is of the type described
in the identification document; and
[3]
Within the preceding 12 months, the former officer met the standards
of the state in which he/she resides for training and qualification
for active duty law enforcement officers to carry firearms.
(c)
A qualified out-of-state law enforcement officer, but only if
the weapon is a firearm but is not a machine gun or destructive device,
the officer is not carrying a firearm silencer, and the officer is
not under the influence of an intoxicant.
(d)
Armed forces personnel acting in the line of duty.
(3)
Miscellaneous regulations.
(a)
No person may carry any open or concealed firearm or dangerous
weapon onto school property or within 1,000 feet of a school.
(b)
No person may enter or remain in a public building which is
properly signed and while in possession of any open or concealed firearm
or dangerous weapon.
(c)
No person may carry an open or concealed firearm or dangerous
weapon into a private business which is properly signed.
(d)
No person may carry an open or concealed firearm or dangerous
weapon into any community-type event which lasts no longer than three
weeks, has controlled access points which are properly signed, and
for which admission is charged.
No person shall sell, expose or offer for sale, use, keep, possess, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Village unless he/she shall be authorized by a fireworks permit as provided in Chapter 240, Fireworks, of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all fireworks, rockets or similar missiles containing explosive fuel.
A.
Obstructing streets. No person shall obstruct, loiter, cause a nuisance
or engage in any sport or exercise on any public street, sidewalk,
bridge or public ground within the Village of Athens in such a manner
as to:
(1)
Prevent or obstruct the free passage of pedestrian or vehicular traffic
thereon;
(2)
Prevent or hinder free ingress or egress to or from any place of
business or amusement, church, public hall or meeting place; or
(3)
Cause a nuisance by congregating and hindering the free passage of
pedestrian or vehicular traffic.
B.
Obstructing public ways.
(1)
No person shall obstruct or interfere with by any means any vehicular,
railroad or pedestrian traffic on any public walk, highway, street,
alley, railroad track or public thoroughfare for the purpose of disrupting
the orderly movement of such traffic or impede intentionally or unintentionally
the flow of the vehicular, train or pedestrian traffic on a public
walk, highway, street, alley, railroad track or public thoroughfare
or at any public building or premises, parking lot or structure.
(2)
Any unauthorized or unlawful use of property abutting on a public
street, alley or sidewalk or of a public street, alley or sidewalk
which causes large crowds of people to gather, obstructing traffic
and free use of the streets and sidewalks, is a violation of this
section.
C.
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
Definitions. As used in this section, the following terms shall have
the following meanings, 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 Village of Athens.
To interfere with unobstructed travel by any means, including
but not limited to standing on the part of the walk that is fit for
travel or placing any object or vehicle whatsoever on such sidewalk.
Any sidewalk owned or maintained by the Village. The term
shall not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
D.
Free speech. This section shall not be interpreted as prohibiting
any person from stopping on any sidewalk to talk or to make a speech,
provided that such person shall not stand in such a location that
it is impossible for any pedestrian to travel along the sidewalk without
leaving the sidewalk and walking on adjacent property or on the street.
If two or more persons are engaged in talking while stopped on a sidewalk,
they shall not stand in such locations as to completely prevent any
pedestrian from passing them on the sidewalk.
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.
(3)
No person shall loiter in or about any toilet open to the public
for the purpose of engaging in or soliciting any lewd or lascivious
conduct or any unlawful act.
(4)
No person shall loiter in or about any school or public place at
or near which children or students attend or normally congregate.
As used in this subsection, "loiter" means to delay, to linger or
to idle in or about any said school or public place without a lawful
purpose for being present.
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. No person shall loiter
in or about the doorway, stairway, steps or entrance of any business
place or private residence without the expressed consent of the owner
thereof or at any time other than usual business hours. Under this
subsection, "business place" shall include a public building at such
times that the same shall be closed for the usual and normal business
conducted thereat.
(2)
Upon being requested to move by any such person in authority or by
any police officer, a person shall immediately comply with such request
by leaving the premises or area thereof at the time of the request.
(3)
No person shall sit, lie, or otherwise recline upon or against any
parked motor vehicle without the expressed consent of the owner thereof,
whether such is parked upon a public street, alley, parking lot, driveway
or private premises.
(4)
No person shall stand or loiter on any roadway other than in a safety
zone if such act interferes with the lawful movement of traffic.
C.
Loitering or prowling prohibited.
(1)
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/herself
or manifestly endeavors to conceal himself/herself or any object.
Unless flight by the person or other circumstances make it impracticable,
a law enforcement 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/her
to identify himself/herself and explain his/her 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.
(2)
No person shall hide, wait or otherwise loiter in the vicinity of
any private dwelling house, apartment building, or any other place
of residence with the unlawful intent to watch, gaze or look upon
the occupants therein in a clandestine manner.
(3)
No person shall lodge in any building, structure or place, whether
public or private, without the permission of the owner or person entitled
to possession or in control thereof.
(4)
No person shall loiter in or about a restaurant, tavern or other
public building. As used in this subsection, "loiter" means to, without
just cause, remain in a restaurant, tavern or public building or to
remain upon the property immediately adjacent thereto after being
asked to leave by the owner or person entitled to possession or in
control thereof.
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
UNLAWFUL ASSEMBLY
Definitions. As used in this section, the following terms shall have
the following meanings, 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 Village of Athens.
An assembly which consists of three or more persons and which
causes such a disturbance of public order that it is reasonable to
believe that the assembly will cause injury to persons or damage to
property unless it is immediately dispersed. An unlawful assembly
includes an assembly of persons who assemble for the purpose of blocking
or obstructing the lawful use by any other person or persons of any
private or public thoroughfares, property or any position of access
or exit to or from any private or public building or dwelling place,
or any portion thereof, and which assembly does in fact so block or
obstruct the lawful use by any other person or persons of such private
or public thoroughfares, property or any position of access or exit
to or from any private or public building or dwelling place, or any
portion thereof.
F.
KNOWN PROSTITUTE OR PANDERER
PUBLIC PLACE
Soliciting. No person shall loiter in or near any thoroughfare or
place open to the public in a manner and under circumstances manifesting
the purpose of inducing, enticing, soliciting or procuring another
to commit an act of prostitution. Among the circumstances which may
be considered in determining whether such purpose is manifested are
that such person is a known prostitute or panderer, that such person
repeatedly beckons to stop or attempts to stop or engages male or
female passersby in conversation, or repeatedly stops or attempts
to stop motor vehicle operators by hailing, waving of arms or any
other bodily gesture. The violator's conduct must be such as
to demonstrate a specific intent to induce, entice, solicit or procure
another to commit an act of prostitution. No arrest shall be made
for a violation of this subsection unless the law enforcement officer
first affords such person an opportunity to explain such conduct,
and no one shall be convicted of violating this subsection if it appears
at trial that the explanation given was true and disclosed a lawful
purpose. As used in this subsection, the following terms shall have
the meanings indicated:
A person who, within five years previous to the date of arrest
for violation of this subsection, had, within the knowledge of the
sworn police officer, been convicted in any municipal court or circuit
court in the State of Wisconsin of an offense involving prostitution.
An area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles, whether moving or not, and buildings open to the general
public, including those which serve food or drink or provide entertainment,
and the doorway and entrance to buildings or dwellings and the grounds
enclosing them.
G.
Unlawful assemblies. Whoever intentionally fails or refuses to withdraw
from an unlawful assembly which the person knows has been ordered
to disperse is guilty of a violation of this section.
A.
Loud and unnecessary noise prohibited. It shall be unlawful for any
person to make, continue or cause to be made or continued any loud
and unnecessary noise. It shall be unlawful for any person knowingly
or wantonly to use or operate, or to cause to be used or operated,
any mechanical device, machine, apparatus or instrument for intensification
or amplification of the human voice or any sound or noise in any public
or private place in such manner that the peace and good order of the
neighborhood is disturbed or that persons owning, using or occupying
property in the neighborhood are disturbed or annoyed.
B.
Types of loud and unnecessary noises. The following acts are declared
to be loud, disturbing and unnecessary noises in violation of this
section, but this enumeration shall not be deemed to be exclusive:
(1)
Horns and signaling devices. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or public place in the Village for longer than three seconds in any
period of one minute or less, except as a danger warning; the creation
of any unreasonable loud or harsh sound by means of any signaling
device and the sounding of any plainly audible device for an unnecessary
and unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any signaling
device when traffic is for any reason held up.
(2)
Radios, phonographs and similar devices. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph or other machine or device for the
producing or reproducing of sound in a loud and unnecessary manner.
The operation of any set, instrument, phonograph, machine or device
between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be
plainly audible at the properly line of the building, structure or
vehicle in which it is located shall be prima facie evidence of a
violation of this section.
(3)
Loudspeakers and amplifiers for advertising. The using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising or attracting attention of the public to any building
or structure. Announcements over loudspeakers can only be made by
the announcer in person and without the aid of any mechanical device.
(4)
Animals and birds. The keeping of any animal or bird which causes
frequent or long-continued unnecessary noise.
(5)
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motorboat except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(6)
Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building, as well as the operation
of any pile driver, steam shovel, pneumatic hammer, derrick, steam
or electric hoist, or any other similar equipment attended by loud
or unusual noise, other than between the hours of 6:00 a.m. and 10:00
p.m. on weekdays; provided, however, that the Chief of Police shall
have the authority, upon determining that the loss or inconvenience
which would result to any party in interest would be extraordinary
and of such nature as to warrant special consideration, to grant a
permit for a period necessary within which time such work and operation
may take place within the hours of 10:00 p.m. to 6:00 a.m.[1]
(7)
Schools, courts, churches and hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while in use, or adjacent to any hospital, which unreasonably
interferes with the normal operation of that institution, or which
disturbs or unduly annoys patients in the hospital, provided that
conspicuous signs are displayed in those streets indicating a school,
hospital, church or court street. No person, while on public or private
grounds adjacent to any building or while within any building in which
a school or any class thereof is in session, shall willfully make
or assist in the making of any noise or diversion which disturbs or
tends to disturb the peace or good order and operation of such school
session or class thereof.[2]
C.
Exceptions. The provisions of this section shall not apply to:
(1)
Any vehicle of the Village while engaged in necessary public business.
(2)
Excavations or repairs of streets or other public construction by
or on behalf of the Village, county, or state at night when public
welfare and convenience render it impossible to perform such work
during the day.
(3)
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in nature.
D.
Permits for amplifying devices.
(1)
Permit required. The use of loudspeakers or amplifying devices on
the streets or in the parks of the Village of Athens is prohibited
unless the party desiring to use such loudspeaker or amplifying device
first obtains a permit from the Chief of Police. Exempt from this
subsection are Independence Day and fair events in the Village of
Athens.
(2)
Grounds for revocation of permit. The Chief of Police shall have
the authority to revoke such permit when he/she believes such loudspeaker
or amplifying device is becoming a nuisance because of the volume,
the method in which it is being used or the location in which it is
being operated.
(3)
Time restrictions. The Chief of Police shall not grant a permit to
use a loudspeaker or amplifying device before the hour of 9:00 a.m.
or after 10:00 p.m. No permit shall be granted to anyone who, in the
opinion of the Chief of Police, uses said loudspeaker or amplifying
device in such a manner or for such a purpose as to constitute a nuisance.
A.
Disorderly conduct prohibited. No person within the Village of Athens
shall:[1]
(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. Such
prohibited conduct also includes nonverbal gestures, signals or gang
signs if said conduct tends to cause or provoke an immediate disturbance
of public order or tends to disturb or annoy any other person.
(2)
Intentionally cause, provoke or engage in any fight, brawl, riot
or noisy altercation.
(3)
Indecently expose his or her person.
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 Village, 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.[3]
C.
Disturbance of meetings. No person may disrupt or disturb any congregation,
audience, public meeting or lawful assembly of persons of any kind,
or in concert with others disturb or disrupt such meeting.
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or other disciplinary
procedures excluding him/her from attending any school located within
the Village or any person not a student presently enrolled or not
an employee of such school or not a parent or guardian of a student
or not an otherwise authorized person shall be present within any
school building or upon any school grounds 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 such authorization.
(2)
Any unauthorized person who shall come upon school property and refuse to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3)
"Authorized person" shall include:
(a)
Any person who is present at any school building or school grounds
for a purpose previously authorized by the school or its designee.
(b)
Any person transporting a student and who utilizes the driveway
specified for loading and unloading personnel.
(c)
Any person utilizing a designated area for attending an athletic
or other organized school event.
B.
Disorderly conduct on public school property.
(1)
No person shall, on any school property or building, engage in violent,
abusive, loud or otherwise disorderly conduct which causes or provokes
an immediate disturbance of public order or disturbs or annoys any
other person, nor shall a person intentionally engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
(2)
Nonstudents, students from schools other than the school on the property
or students from a school who are not in compliance with the school
system's published rules and regulations shall be considered
in violation of this section. The published rules and regulations
of the school system are incorporated as if fully set forth herein.
(3)
All entrances to the school buildings referred to in Subsection A shall be posted by the School Board with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."
(4)
"Unauthorized presence" shall include any vehicle that is found on
school property which has not received permission to be there. If
the occupants or owners are not on school property for some legitimate
business or activity or are parked in an area that regulates parking
to certain authorized vehicles, they are in violation. Such vehicle
may be issued a Village summons that regulates parking or may be towed
away at the direction of the school principal or person in charge
of such school building. Law enforcement officers may also have any
vehicle towed away which, because of its location, creates a hazard
to life or property.
C.
Loitering near school prohibited. No person not in official attendance
or on official school business shall enter into, congregate, loiter
or cause a nuisance in any school building in the Village of Athens
or upon any School District grounds or within adjacent posted school
zones on any day when such schools are in session.
D.
Possession of intoxicating liquor and fermented malt beverages. No
person shall possess intoxicating liquor or fermented malt beverages
while on any school property.
E.
LOITER
NUISANCE
Definitions. As used in this section, the following terms shall have
the following meanings, 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 Village of Athens.
A.
Lawful orders. It shall be unlawful for any person to fail to obey
the direction or order of a police officer while such police officer
is acting in an official capacity in carrying out his or her duties.
B.
Resisting or interfering with officer prohibited. It shall be unlawful
for any person to resist or in any way interfere with any police officer
or member of the Police Department or any person called to assist
such officer, or to threaten, resist or interfere with such officer
or person or to advise or encourage any other person to resist or
interfere with such officer or person in the discharge of his/her
duty, or to in any way interfere with or hinder or prevent him/her
from discharging his/her duty as such officer or assistant, or to
offer or endeavor to do so, or to in any manner assist any person
in the custody of any law enforcement officer to escape or to attempt
to escape from such custody, or to try to persuade any person to escape
from the custody of such officer, or to rescue or attempt to rescue
any person so in custody or to fail to obey the order or direction
of such officer while such officer is acting in his/her official capacity
in carrying out his/her duties.
A.
Possession of controlled substances. It is unlawful for any person
to possess a controlled substance, other than a controlled substance
classified in Schedules I and II under Ch. 961, Wis. Stats., 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/her professional practice, or except as
otherwise authorized by this Code of Ordinances.
B.
Possession of marijuana.
(1)
No person shall possess 25 grams or less of marijuana (tetrahydrocannabinols,
commonly known as "THC," in any form, including tetrahydrocannabinols
contained in marijuana, obtained from marijuana or chemically synthesized),
as defined in § 961.01, Wis. Stats., unless it was obtained
directly from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of his or her professional
practice, or except as otherwise authorized by Ch. 961, Wis. Stats.
(2)
For purposes of this section, "practitioner" means:
(a)
A physician, dentist, veterinarian, podiatrist, scientific investigator
or other person licensed, registered or otherwise permitted to distribute,
dispense, conduct research with respect to, or administer a controlled
substance in the course of professional practice or research in the
State of Wisconsin.
(b)
A pharmacy, hospital or other institution licensed, registered
or otherwise permitted to distribute, dispense, conduct research with
respect to or administer a controlled substance in the course of professional
practice or research in the State of Wisconsin.
(3)
This subsection does not apply to any person who is charged with
possession of more than 25 grams of marijuana, or who is charged with
possession of any amount of marijuana following a conviction for possession
of any amount of marijuana, in the State of Wisconsin.
C.
Toxic inhalants.
(1)
TOXIC INHALANT
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Any glue, paint, gasoline, aerosol, adhesive cement, mucilage,
plastic cement or any similar substance containing one or more of
the following volatile substances:
Acetone;
Benzene;
Butyl alcohol;
Cyclohexanone;
Ethyl acetate;
Ethyl alcohol;
Ethylene dichloride;
Hexane;
Isopropl alcohol;
Methyl alcohol;
Methyl celosove;
Acetate;
Methyl ethyl ketone;
Methyl isobutyl ketone;
Pentachlorphenol;
Petroleum ether;
Trichlorethylene;
Tricresylphosphate;
Toluene;
Toluol; or
Any other chemical capable of producing intoxication when inhaled.
(2)
Inhalation of vapors or fumes from toxic inhalants prohibited. No
person shall inhale or otherwise introduce into his respiratory tract
any toxic vapors or fumes which may be released from any toxic inhalants
with the intent of becoming intoxicated, elated, excited, stupefied,
irrational, or paralyzed, or of changing, distorting, or disturbing
his/her eyesight, thinking process, judgment, balance or muscular
coordination.
(3)
Limitations on sales, transfer, and possession of toxic inhalants.
No person shall, for the purpose of violating or aiding another to
violate any provision of this subsection, possess, buy, sell, transfer
possession or receive possession of any toxic inhalants.
D.
(1)
If any adult violates Subsection B or C, the court shall, in addition to any other penalties that may apply to the offense, suspend or revoke the person's operating privilege for not less than six months nor more than five years. The court shall immediately take possession of any suspended or revoked license and forward it to the Department of Transportation, together with the record of conviction and notice of suspension or revocation.
(3)
If any person who is under 18 years of age violates Subsection B or C, the court shall, in addition to any other penalties that may apply to the offense, suspend or revoke the person's operating privilege for not less than six months nor more than five years. The court shall immediately take possession of any suspended or revoked license and forward it to the Department of Transportation, together with the record of conviction and notice of suspension or revocation.
No individual shall cross a police or fire line that has been
so designated by banner, signs or other similar identification.
A.
Harassment. No person, with intent to harass or intimidate another
person, shall do any of the following; each instance shall be considered
a separate violation:
B.
Harassing or obscene telephone calls. Whoever commits any of the following acts shall be subject to the general penalty as provided in Chapter 1, Article I, of this Code:
(1)
Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent.
(2)
Makes a telephone call, whether or not conversation ensues, with
the intent to abuse, threaten or harass any person at the called number
or numbers.
(3)
Makes or causes the telephone of another repeatedly or continuously
to ring, with intent to harass any person at the called number or
numbers.
(4)
Makes repeated telephone calls, during which conversation ensues,
solely to harass any person at the called number or numbers.
(5)
Knowingly permits any telephone under his/her control to be used
for any purpose prohibited by this section.
(6)
In conspiracy or concerted action with other persons, makes repeated
calls or simultaneous calls solely to harass any person at the called
number or numbers.
No person shall have or permit on any premises owned or occupied
by him/her 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.
All forms of gambling, lotteries and fraudulent devices and
practices are prohibited within the Village, except as provided by
state law. Any law enforcement officer of the Village may seize anything
devised solely for unlawful 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.
A.
AMBULANCE
AMBULANCE ATTENDANT
AMBULANCE SERVICE PROVIDER
AUTHORIZED EMERGENCY VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
BONA FIDE EMERGENCY or BONA FIDE REQUEST FOR EMERGENCY SERVICES
EMERGENCY MEDICAL PERSONNEL
PERSON
Definitions. For the purposes of this section, the following definitions
apply to the terms as used herein:
An emergency vehicle, including any motor vehicle, boat or
aircraft, whether privately or publicly owned, which is designated,
constructed or equipped to transport patients.
A person who is responsible for the administration of emergency
care procedures and proper handling and transporting of sick, disabled
or injured persons, including but not limited to ambulance attendants
and ambulance drivers.
A person engaged in the business of transporting sick, disabled
or injured persons by ambulance to or from facilities or institutions
providing health services.
Any of the following:
Police vehicles, whether publicly or privately owned.
Conservation wardens' vehicles or foresters' trucks,
whether publicly or privately owned.
Vehicles of a fire department or fire patrol.
Privately owned motor vehicles being used by deputy state fire
marshals or by personnel of a full-time or part-time fire department
or by members of a volunteer fire department while en route to a fire
or on an emergency call pursuant to orders of their chief or other
commanding officer.
Such emergency vehicles of municipal or county departments or
public service corporations as are designated or authorized by the
local authorities to be authorized emergency vehicles.
Such emergency vehicles of state departments as are designated
or authorized by the heads of such departments to be authorized emergency
vehicles.
Such ambulances, publicly owned, as are designated or authorized
by local authorities to be authorized emergency vehicles.
Such ambulances which are privately owned and are operated by
owners or their agents and which vehicles are authorized by the Sheriff
or others designated by the County Board to be operated as emergency
vehicles. The Sheriff or others designated by the County Board may
make such authorization which shall be in writing and which shall
be effective throughout the state until rescinded. The Sheriff or
others designated by the County Board may designate any owner of ambulances
usually kept in the county to operate such vehicles as authorized
emergency vehicles. Such written authorization shall at all times
be carried on each ambulance used for emergency purposes. The Sheriff
shall keep a file of such authorizations in his office for public
inspection, and all other persons permitted to issue authorizations
shall file a copy of all authorizations issued with the Sheriff who
shall keep them on file.
Those circumstances wherein the caller reasonably believes
that a person(s) and/or property may be in actual or potential danger
of injury, and in the case of a person(s), in danger of illness.
Any emergency medical personnel, ambulance attendant, peace
officer or firefighter, or other person operating or staffing an ambulance
or an authorized emergency vehicle.
Any individual, firm, partnership, association, corporation,
trust, foundation, company, any governmental agency other than the
United States government, or any group of individuals, however named,
concerned with the operation of an ambulance.
B.
Prohibitions. It is the intent of the Village of Athens, in its adoption of this provision, to protect against the following activities in a manner consistent with that provided by § 941.37, Wis. Stats. The following acts are prohibited and perpetration thereof subjects the violator to penalty as provided by Chapter 1, Article I, of this Code:
(1)
Knowingly obstructing any emergency medical personnel in the performance
of duties relating to an emergency or rescue.
(2)
Intentionally interfering with any medical personnel in the performance
of duties relating to an emergency or rescue, when it is reasonable
that the interference may endanger another's safety.
(3)
Knowingly making any telephone call to any emergency medical personnel,
police agency or fire department for any purpose other than to report
a bona fide emergency or to make a bona fide request for emergency
services.
A.
ALCOHOL BEVERAGES
CONTROLLED SUBSTANCE
LODGING ESTABLISHMENT
UNDERAGE PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Has the meaning given in § 125.02(1), Wis. Stats.
Has the meaning given in § 961.01(4), Wis. Stats.
Has the meaning given in § 106.52(1)(d), Wis. Stats.
Has the meaning given in § 125.02(20m), Wis. Stats.
B.
Improper activities. Any person who procures lodging in a lodging establishment and permits or fails to take action to prevent any of the following activities from occurring in the lodging establishment is subject to the penalties provided in Subsection E:
[Amended 1-23-2017]
C.
Denial of lodging. An owner or employee of a lodging establishment
may deny lodging to an adult if the owner or employee reasonably believes
that consumption of an alcohol beverage by an underage person not
accompanied by his or her parent, legal guardian or spouse who has
attained the legal drinking age, or illegal use of a controlled substance,
may occur in the area of the lodging establishment procured.
D.
Deposits. An owner or employee of a lodging establishment may require
a cash deposit or use of a credit card at the time of application
for lodging.
[Added 2-23-2015; amended 1-23-2017; 5-21-2018]
A.
Findings and intent.
(1)
Findings.
(a)
Repeat sexual offenders, sexual offenders who use physical violence
and sexual offenders who prey on children are sexual predators who
present an extreme threat to public health, welfare and safety. Sexual
offenders are extremely likely to use physical violence and to repeat
their offenses; and most sexual offenders commit many offenses, have
many more victims that are never reported, and are prosecuted for
only a fraction of their crimes. This makes the cost of sexual offender
victimization to society at large, while incalculable, clearly exorbitant.
(b)
According to a 1997 report by the United States Department of
Justice, sex offenders have high rates of recidivism which are much
higher than recidivism rates for other types of violent crimes. Sex
offenders are the least likely to be cured and the most likely to
reoffend and prey on the most vulnerable members of the community.
(c)
While federal and state fair housing statutes prohibit unlawful
discrimination, they do not extend the same protections to sex offender
(as herein defined) with respect to a place of residency (as herein
defined) where a safety zone (as herein defined) has been established.
(d)
The Village Board of the Village of Athens has been advised
of the decision of the United States Court of Appeals for the 8th
Circuit, in Doe v. Miller, 405 F.3d 700 (8th Cir. 2005), which provides
in part at page 716 of that decision the following:
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"The record does not support a conclusion that the Iowa General
Assembly and the Governor acted based merely on negative attitudes
toward, fear of, or a bare desire to harm a politically unpopular
group. [Citations omitted.] Sex offenders have a high rate of recidivism
and the parties presented expert testimony that reducing opportunity
and temptation is important to minimizing the risk of the reoffense.
Even experts in the field could not predict with confidence whether
a particular sex offender will reoffend, whether an offender convicted
of an offense against a teenager will be among those who "cross over"
to offend against a younger child, or the degree to which regular
proximity to a place where children are located enhances the risk
of reoffense against children. One expert in the district court opined
that it is just "common sense" that limiting the frequency of contact
between sex offenders and areas where children are located is likely
to reduce the risk of an offense. [Citation omitted.] The policy makers
of Iowa are entitled to employ such "common sense", and we are not
persuaded that the means selected to pursue the State's legitimate
interest are without a rational basis. . ."
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(2)
Intent. It is the intent of this section not to impose a criminal
penalty but rather to serve the Village of Athens's compelling
interest to promote, protect, and improve the health, safety, and
welfare of the citizens of the Village by creating areas around locations
where children regularly congregate in concentrated numbers wherein
certain sexual offenders and sexual predators are prohibited from
establishing temporary or permanent residence.
B.
CHILD
CRIMES AGAINST CHILDREN
DESIGNATED OFFENDER (SEX OFFENDER)
LOITERING
MINOR
PERMANENT RESIDENCE
SAFETY ZONES
SEXUALLY VIOLENT OFFENSE
TEMPORARY RESIDENCE
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them as follows,
except where the content clearly indicates a different meaning:
A person under the age of 16 for purposes of this section.
Any of the following offenses set forth within the Wisconsin
Statutes, as amended, or the laws of this or any other state or federal
government, having like elements necessary for conviction, respectively:
|
Section 940.225(1), First-degree sexual assault;
|
|
Section 940.225(2), Second-degree sexual assault;
|
|
Section 940.225(3), Third-degree sexual assault;
|
|
Section 940.22(2), Sexual exploitation by therapist;
|
|
Section 940.30, False imprisonment;
|
|
Section 940.31, Kidnapping;
|
|
Section 944.02, Rape (prior Statute, see now 940.225)
|
|
Section 944.06, Incest;
|
|
Section 944.10, Sexual intercourse with a child (prior Statute,
see now 948.02)
|
|
Section 944.11, Indecent behavior with a child (prior Statute,
see now 948.02)
|
|
Section 944.12, Enticing child for immoral purpose (prior Statute,
see now 948.07)
|
|
Section 948.02(1), First-degree sexual assault of a child;
|
|
Section 948.02(2), Second-degree sexual assault of a child;
|
|
Section 948.025, Engaging in repeated acts of sexual assault
of the same child;
|
|
Section 948.05, Sexual exploitation of a child;
|
|
Section 948.055, Causing a child to view or listen to sexual
activity;
|
|
Section 948.06, Incest with a child;
|
|
Section 948.07, Child enticement;
|
|
Section 948.075, Use of a computer to facilitate a child sex
crime;
|
|
Section 948.08, Soliciting a child for prostitution;
|
|
Section 948.095, Sexual assault of a child by a school instructional
staff;
|
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Section 948.11(2)(a) or (am), Exposing a child to harmful material
(felony sections);
|
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Section 948.12, Possession of child pornography;
|
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Section 948.13, Child sex offender working with children;
|
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Section 948.30, Abduction of another's child;
|
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Section 971.17, Not guilty by reason of mental disease or any
included offense;
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Section 975.06, Sex crime law commitment.
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Any person who is required to register under Section 301.45,
Wis. Stats., for any sexual offense against a child or any person
who is required to register under Section 301.45, Wis. Stats., and
who has been designated a special bulletin notification (SBN) sex
offender pursuant to Section 301.46(2) and (2m), Wis. Stats. Included
in this definition is a person who has been convicted of, or has been
found delinquent of, or has been found not guilty by reason of disease
or mental defect of a "sexually violent offense" and/or a "crime against
children."
Whether in a group, crowd, or as an individual, to stand
idly about, loaf, prowl, congregate, wander, stand, linger aimlessly,
proceed slowly with many stops, delay or dawdle.
A person under the age of 17.
A place where the person abides, lodges, or resides for 14
or more consecutive days.
Any real property that supports or upon which there exists
any facility used for or that supports a school for children, a public
park, park facility, trail, pathway, place of worship or a licensed
day-care center.
Shall have the meaning as forth in Section 980.01(6), as
amended from time to time.
A place where the person abides, lodges, or resides for a
period of 14 or more days in the aggregate during any calendar year
and which is not the person's permanent address or a place where
the person routinely abides, lodges, or resides for a period of four
or more consecutive or nonconsecutive days in any month and which
is not the person's permanent address. A residence may be mobile
or transitory.
C.
Sexual offender and sexual predator residency; prohibitions; penalties;
exceptions.
(1)
Prohibited location of residence. It is unlawful for any designated
offender to establish a permanent residence or temporary residence
with 1,000 feet of any school, licensed day-care center, park, trail,
playground, pathway, place of worship, or any other place designated
by the Village of Athens as a place where children are known to congregate.
(2)
Prohibited activity.
(a)
Loitering. It is unlawful for any designated offender to loiter
within 1,000 feet of any school, licensed day care center, park, trail,
playground, pathway, place of worship, or any other place designated
by the Village of Athens as a place where children are known to congregate.
(b)
Holiday events/parties. It is unlawful for any designated offender
to participate in a holiday event involving children under 18 years
of age, such as distributing candy or other items to children on Halloween,
wearing a Santa Claus costume on or proceeding Christmas or wearing
an Easter Bunny costume on or proceeding Easter, or other similar
activities. Holiday events in which the offender is the parent or
guardian of the children involved, and no nonfamilial children are
present, are exempt from this subsection. "Participation" is to be
defined as actively taking part in the event.
(3)
Measurements of distance.
(a)
For purposes of determining the minimum distance separation,
the requirement shall be measured by following the straight line from
the outer property line of the permanent residence or temporary residence
to the nearest outside property line of a school, licensed day-care
center, park, trail, playground, pathway, place of worship, or any
other place designated by the Village of Athens as a place where children
are known to congregate.
(b)
The Village Clerk/Treasurer shall maintain an official map showing
prohibited locations as defined in this section. The Village Clerk/Treasurer
shall update the map at least annually to reflect any changes in the
location of prohibited areas. These shall be designated on the map
as child safety zones. The map is to displayed or available in the
Office of the Clerk/Treasurer.
(4)
Violations; penalties. A person who violates this subsection shall be punished by forfeiture per § 1-4. Each day a person maintains a residence in violation of this section constitutes a separate violation. The Village of Athens may also seek equitable relief.
(5)
Exceptions. A designated offender residing within a prohibited area as described in Subsection C(1) does not commit a violation of this section if any of the following apply:
(a)
The person established the permanent residence or temporary
residence and reported and registered the residence pursuant to Section
340.45, Wis Stats., before the original effective date of this section.
(b)
The person is a minor or ward under guardianship and is not
required to register under Sections 301.45 or 301.46, Wis. Stats.
(c)
The school, licensed day-care center, park, trail, playground,
pathway, place of worship, or any other place designated by the Village
of Athens as a place where children are known to congregate within
1,000 feet of the person's permanent residence was opened after
the person established the permanent residence or temporary residence
and reported and registered pursuant to Section 301.45, Wis. Stats.
(d)
The residence is also the primary residence of the person's
parents, grandparents, siblings, spouse, or children provided that
such parent, grandparent, sibling, spouse or child established residence
at least 10 years before the designated offender established the residence
at the location.
D.
Property owners prohibited from renting real property to certain
sexual predators and sexual offenders; penalties.
(1)
Prohibition. It is unlawful to let or rent any place, structure, or part thereof, trailer, or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to this section, if such place, structure, or part thereof, trailer or other conveyance is located within a prohibited location zone described in Subsection C(1). A person letting or renting a place or structure shall be deemed to have such knowledge if, at least 10 days prior to letting or renting the place or structure, the sex offender's name appears on the Wisconsin Department of Correction's sex offender registry and the person letting or renting the place knew the sex offender would be residing at the subject place or structure.
(2)
Violations; penalties. A property owner's failure to comply with the provisions of this subsection shall constitute a violation of this section and shall subject the property owner to the Code enforcement provisions in Subsection C(4) as provided in this section. Each day a violation continues shall constitute a separate offence.
E.
Safety zones.
(1)
Presence regulated. A sex offender shall not enter upon or be present
upon or within a safety zone.
(2)
Safety zone exceptions. A sex offender who enters upon or who is
present upon or within a safety zone does not commit a violation of
this subsection if any of the following apply:
(a)
The property also supports a church, synagogue, mosque, temple
or other house of religious worship, subject to all of the following
conditions:
(b)
The property also supports a use lawfully attended by a sex
offender's natural or adopted children, which a child's
use reasonable requires the attendance of the sex offender as the
child's parent upon the property, subject to the following condition:
[1]
The sex offender's entrance and presence upon the property
occurs only during the hours activity related to the use as posted
to the public.
(c)
The property also supports a polling location in a local, state
or federal election, subject to all of the following conditions:
[1]
The sex offender is eligible to vote;
[2]
The property is the designated polling place for the sex offender;
and
[3]
The sex offender enters the polling place property, proceeds
to cast a ballot with whatever usual and customary assistance is to
any member of the electorate, and vacates the property immediately
after voting.
(d)
The property also supports a school lawfully attended by a sex
offender as a student under which the circumstances the sex offender
may enter upon the property supporting the school at which the sex
offender is enrolled, for such purposes and at such times as reasonably
required for the educational purposes of the school.
(e)
The property also supports a court, government office or room
for public governmental meetings, subject to all of the following
conditions:
F.
Injunctions and other penalties for violation. Neither the issuance of a citation nor the imposition of forfeiture hereunder shall preclude the Village of Athens from seeking or obtaining any or all other legal and equitable remedies to prevent or remove a violation of this chapter. If an offender establishes a residence in violation of Subsections C or D above, or enters or is present upon or within a safety, zone in violation of Subsection E above, the Village Attorney may bring an action in the name of the Village of Athens in circuit court to permanently enjoin any such violation as a public nuisance.
G.
Appeals. The above requirements may be waived or modified upon approval
of the Athens Village Board through appeal by the affected party.
Such appeal shall be made to the Village Clerk who shall forward the
request to the Village President, who shall request a special meeting
of the Police and Fire Committee. The Police and Fire Committee shall
request and receive reports from law enforcement authorities serving
the Village of Athens on such appeal. The Police and Fire Committee
shall convene and consider the public interest as well as the affected
party's presentation and concerns. After deliberation and determination,
the Police and Fire Committee shall forward its recommendation to
the full Village Board for consideration. After deliberation and determination,
the Village Board shall forward its final decision to the law enforcement
authorities serving the Village of Athens for their information and
action. A written copy of the decision shall be provided to the affected
party.
