[HISTORY: Adopted by the Village Board of
the Village of Greendale as Ch. 9 of the Code of Ordinances. Amendments
noted where applicable.]
[Amended by Ord. No. 674; Ord.
No. 681; Ord. No.
701; Ord. No. 715; Ord. No. 730; 9-16-1997 by Ord. No. 749; 4-20-1999 by Ord. No. 765; 12-18-2001 by Ord. No.
789; 7-6-2004 by Ord. No. 809; 11-7-2006 by Ord. No. 831; 5-20-2008 by Ord. No. 836]
The following statutes following the prefix "9" defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Village, provided that the penalty for commission of such offenses shall be limited to a forfeiture imposed under § 25.04 of this Code:
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9.110.075(7)
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Producing/using inspection sticker fraudulently
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9.173.10
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Investigation of cruelty complaints
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9.173.24
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Reimbursement for expenses
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9.175.25
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Storage of junked automobiles
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9.218.0146
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Motor vehicles
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9.254.76
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Causing fires by tobacco smoking
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9.254.92
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Purchase or possession of cigarettes or tobacco
products by person under 18 prohibited
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9.285.30
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Motor vehicle emissions limitations; inspections
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9.939.22
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Words and phrases defined
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9.940.19
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Battery
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9.941.01
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Negligent operation of vehicle
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9.941.10
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Negligent handling of burning material
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9.941.12
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Interfering with fire fighting
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9.941.13
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False alarms
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9.941.20
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Reckless use of weapons
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9.941.21
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Disarming a peace officer
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9.941.23
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Carrying concealed weapon
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9.941.24
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Possession of switchblade knife
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9.941.26(4)(k)
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Minors possessing oleoresin of capsicum devices
or containers
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9.941.29
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Possession of a firearm
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9.941.295
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Possession of electric weapon
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9.941.31
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Possession of explosives
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9.941.327
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Tampering with household products
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9.943.01(1)
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Criminal damage to property (less than $1,000)
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9.943.012
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Criminal damage to religious and other property
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9.943.017
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Graffiti
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9.943.13
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Trespass to land
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9.943.14
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Criminal trespass to dwellings
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9.943.145
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Criminal trespass to medical facility
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9.943.15
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Entry onto construction site or into locked
building, dwelling or room
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9.943.20
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Theft (less than $500)
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9.943.21
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Fraud on hotel or restaurant keeper
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9.943.225
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Refusal to pay for a motor bus ride
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9.943.23
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Operating vehicle without owner's consent
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9.943.24
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Issue of worthless check
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9.943.34
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Receiving stolen property
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9.943.37
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Alteration of property identification marks
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9.943.38
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Forgery
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9.943.41
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Financial transaction card crimes (under $500)
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9.943.45
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Theft of telecommunications service
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9.943.46
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Theft of cable television service
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9.943.50
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Retail theft
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9.944.15
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Fornication
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9.944.20
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Lewd and lascivious behavior
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9.944.21
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Lewd, obscene or indecent matter, pictures and
performances
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9.944.23
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Making lewd, obscene or indecent drawings
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9.944.30
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Prostitution
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9.944.31
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Patronizing prostitutes
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9.944.32
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Soliciting prostitutes
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9.944.33
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Pandering
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9.944.34
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Keeping place of prostitution
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9.945.01
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Definitions relating to gambling
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9.945.02
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Gambling
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9.945.03
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Commercial gambling
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9.945.04
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Permitting premises to be used for commercial
gambling
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9.946.06
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Improper use of flag
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9.946.40
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Refusing to aid officer
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9.946.41
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Resisting or obstructing officer
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9.946.42
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Escape
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9.946.44
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Assisting or permitting escape
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9.946.65
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Obstructing justice
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9.946.66
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False complaints of police misconduct
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9.946.70
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Impersonating peace officers
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9.946.72
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Tampering with public records and notices
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9.947.012
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Unlawful use of telephone
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9.947.0125
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Unlawful use of computerized communication systems
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9.947.013
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Harassment
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9.947.015
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Bomb scares
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9.947.04
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Drinking in common carriers
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9.947.06
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Unlawful assemblies
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9.947.07
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Causing violence or breach of the peace by damaging
or destroying a U.S. flag
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9.948.01 to 9.948.63
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Contributing to delinquency of children
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9.951.01 to 9.951.18
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Crimes against animals
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9.961.573(1) or (2)
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Possession drug paraphernalia
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9.961.574(1) or (2)
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Manufacture or delivery of drug paraphernalia
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9.961.575(1) or (2)
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Delivery of drug paraphernalia to a minor
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[Amended 5-6-1997 by Ord. No. 745; 8-3-2010 by Ord. No.
852; 10-18-2011 by Ord. No. 857]
(1)
Discharge. No person, except an authorized law enforcement officer,
shall discharge any firearm within the Village of Greendale, except
that the Village Board may issue permits to an organized gun club
to engage in target practice within the Village at times and places
designated by the Chief of Police; excepting further that no person
may be in violation of this subsection solely for loading, carrying,
or going armed with a firearm, without regard to whether the firearm
is loaded or is concealed or openly carried unless other facts and
circumstances indicate a criminal or malicious intent on the part
of the person such that those other facts show that the conduct of
that person tends to disturb the peace and good order or unreasonably
frighten any person. Pursuant to § 66.0409(3)(b), Wis. Stats.,
or any future amendments thereof, the prohibitions of this subsection
related to the discharge of a firearm do not apply and may not be
enforced if the actor's conduct is justified or, had it been subject
to a criminal penalty, would have been subject to a defense described
in § 939.45, Wis. Stats.
(2)
Adoption of state statutes.
(a)
Except as otherwise specifically provided in this chapter, the following
statutory provisions, exclusive of any regulations for which the statutory
penalty is a fine or term of imprisonment, are hereby adopted and
by reference made a part of this chapter as if fully set forth herein:
1.
Section 167.31 Wis. Stats., relating to transporting of bows and
firearms.
2.
Section 175.60, Wis. Stats., relating to the carrying and display
of concealed carry licenses and certain prohibited activities.
3.
Section 941.23(3), Wis. Stats., relating to the carrying and display
of identification by out-of-state or former law enforcement members.
4.
Section 948.605(2), Wis. Stats., relating to the carrying or possessing
of a firearm within 1,000 feet of school grounds.
(3)
Prohibition against carrying weapons and firearms within certain
Village buildings.
(a)
In addition to those areas, locations and buildings specifically
identified in § 175.60(16), Wis. Stats., no person, except
sworn law enforcement officers, shall carry or possess a weapon or
firearm, whether concealed or not, within any Village-owned building
or facility, including, but not limited to, Village Hall and the Public
Library.
(4)
Knives. No person shall have in his or her possession within the
Village of Greendale, except in his or her home or place of business,
any knife with a blade more than 3 1/2 inches in length beyond
the point of the handle unless he or she has a valid permit or license.
[Amended by Ord. No. 618]
(1)
No person shall throw or shoot any object, liquid,
arrow, stone, snowball 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 or other public
place within the Village.
(2)
No person shall throw or discharge any squirt guns,
fire extinguishers or other contrivances used to shoot water or other
substance at or into motor vehicles or bicycles.
[Amended by Ord. No. 587]
(1)
Definition. In this section, "fireworks" means anything
manufactured, processed or packaged for exploding, emitting sparks
or combustion which does not have another common use, but does not
include the following:
(a)
Fuel or a lubricant.
(b)
A firearm cartridge or shotgun shell.
(c)
A flare used or possessed or sold for use as a signal
in an emergency or in the operation of a railway, aircraft, watercraft
or motor vehicle.
(d)
A match, cigarette lighter, stove, furnace, candle,
lantern or space heater.
(e)
A cap containing not more than 1/4 grain of explosive
mixture, if the cap is used, or possessed or sold for use in a device
which prevents direct bodily contact with a cap when it is in place
for explosion.
(f)
A toy snake which contains no mercury.
(g)
A model rocket engine.
(h)
Tobacco and a tobacco product.
(i)
A sparkler on a wire or wood stick not exceeding 36
inches in length or 1/4 inch in outside diameter which does not contain
magnesium, chlorate or perchlorate.
(j)
A device designed to spray out paper confetti or streamers
and which contains less than 1/4 grain of explosive mixture.
(k)
A device designed to produce an audible sound but
not explode, spark, move or emit an external flame after ignition
and which does not exceed three grams in total weight.
(l)
A device that emits smoke with no external flame and
does not leave the ground.
(m)
A cylindrical fountain not exceeding 100 grams in
total weight with an inside tube diameter not exceeding 3/4 inch designed
to sit on the ground and emit only sparks and smoke.
(n)
A cone fountain not exceeding 75 grams in total weight
designed to sit on the ground and emit only sparks and smoke.
(3)
Use.
(a)
No person may possess or use fireworks within the Village without a user's permit from the Village Clerk-Treasurer. No person may use fireworks or a device listed under Subsection (1)(e) to (g) or (i) to (n) while attending a fireworks display for which a permit has been issued to a person hereunder if the display is open to the general public.
(d)
The Village Clerk-Treasurer, issuing a permit under
this subsection, shall require an indemnity bond with good and sufficient
sureties or a policy of liability insurance for the payment of all
claims that may arise by reason of injuries to persons or property
from the handling, use or discharge of fireworks under the permit.
The bond or policy shall be taken in the name of the Village, and
any person injured thereby may bring an action on the bond or policy
in the person's own name to recover the damage the person has sustained,
but the aggregate liability of the surety or insurer to all persons
shall not exceed the amount of the bond or policy. The bond or policy,
together with a copy of the permit, shall be filed in the office of
the Village Clerk-Treasurer.
(f)
An application for a permit under this subsection
shall be given to the Fire Chief for investigation and recommendation
prior to its issuance. Applications shall be submitted not less than
seven days prior to the date of such display. No accumulating or purchase
of fireworks shall be allowed prior to the issuance of the permit.
After review of the application and/or inspection of the site, a permit
shall be issued or denied at the discretion of the Fire Chief upon
due consideration of the provisions of this chapter and the promotion
of public safety and the security of the adjoining property. The Fire
Chief reserves the right to reinspect the display and landing sites
at any time to ensure public safety. NFPA 1123 and 1124 will be the
sources of reference for these inspections.[1]
[1]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
(1)
No person shall stand, sit, loaf or loiter or engage
in any sport or exercise on any public street, sidewalk, bridge or
public ground within the Village in such manner as to prevent or obstruct
the free passage of pedestrian or vehicular traffic thereon or to
prevent or hinder free ingress to or egress from any place of business
or amusement or any church, public hall or meeting place.
(2)
No person shall operate or ride a skateboard, roller
skates or play vehicle as defined in § 340.01(43m), Wis.
Stats., as amended in any of the following places:
[Amended 12-18-2001 by Ord. No. 787]
(a)
On any Village street.
(b)
On any sidewalk in any business district. For purposes
of this section, "business district" shall be defined as any area
primarily commercial in nature.
(c)
In any public parking ramp or parking lot.
(d)
On any public property where signs prohibit it.
(e)
On private property, unless permission has been received
from the owner, lessee or person in charge of that property.
[Amended by Ord. No. 666; 7-7-2020 by Ord. No. 922]
The purpose of this section is to regulate the creation of noise,
which adversely affects adjoining properties in order to prevent the
creation of nuisances and to promote the general welfare of the public.
(1)
COMMERCIAL POWER EQUIPMENT
CONTINUOUS NOISE
CONSTRUCTION
CONSTRUCTION EQUIPMENT
DECIBEL or DB
DECIBEL ON THE A-WEIGHTED NETWORK or DBA
IMPULSIVE NOISE
INTERMITTENT NOISE
PERPETUAL NOISE
RESIDENTIAL POWER EQUIPMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes equipment of 20 horsepower or less intended for
occasional use on residential property, including, but not limited
to, power generators, power hand tools, chainsaws, jackhammers, or
other pavement breakers, or other similar machinery.
Any noise whose level varies less than 3 dB(A) during the
course of a period of at least five minutes.
The erection, excavation, demolition, alteration, or repair
of any building or structure and/or the excavation, alteration or
repair of any streets or highways.
Includes industrial machinery of greater than 20 horsepower
such as tractors, bulldozers, drills, augers, loaders, power shovels,
cranes, derricks, paving machines, trenchers, compactors, pavement
breakers, compressors, and all other similar machinery.
A logarithmic unit of sound intensity.
Decibels measured on the A-weighted network of a calibrated
sound level meter utilizing the A-level weighted scale and the faster
meter response.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of sources of impulsive
sound include explosions, drop forge impacts, and discharge of firearms.
Any noise which goes on and off during a course of measurement
of at least five minutes, but which exceeds 10 seconds in duration
each time it is on.
Any noise whose level varies less than 3 dB(A) during a period
of at least 30 minutes.
Power equipment intended for frequent use in residential
areas, including, but not limited to, lawn mowers, snow and/or leaf
blowers, riding tractors, and other similar garden tools.
(2)
Prohibited acts. It shall be unlawful for any person to willfully
or negligently make or continue any loud or unusual noise which disturbs
the peace and quiet of any neighborhood or which causes any discomfort
or annoyance to any reasonable person of normal sensitivities residing
in the area. The factors used to make a determination that this section
has been violated include the following:
(a)
The sound level of the objectionable noise;
(b)
The character and typical environmental noise of the surrounding
area;
(c)
The proximity of the noise to residential areas;
(d)
The nature and zoning of the area where the noise originates;
(e)
The number of persons affected by the noise;
(f)
The time of day or night the noise occurs;
(g)
The duration of the noise; and
(h)
Whether the noise is instantaneous, intermittent or perpetual.
(3)
Maximum permissible sound levels. No person, business, or institution
shall conduct or permit any activity that produces a dB(A) beyond
their property line exceeding the levels specified below. Where property
is used for both residential and commercial purposes, the residential
sound levels shall be used only for measurements made on the portion
of the property used solely for residential purposes. Sound measurements
shall be made at or inside the property line of the person complaining
of excessive noise. The measurement shall be taken from five feet
above the ground or floor level:
(a)
Impulsive noise:
1.
Residential, agricultural, historic, and park districts: 60 dB(A)
from 8:00 p.m. to 7:00 a.m. and 70 dB(A) from 7:00 a.m. to 8:00 p.m.
2.
Business and office districts: 70 dB(A) from 8:00 p.m. to 7:00 a.m.
and 80 dB(A) from 7:00 a.m. to 8:00 p.m.
3.
Manufacturing district: 80 dB(A) from 10:00 p.m. to 7:00 a.m. and
90 dB(A) from 7:00 a.m. to 8:00 p.m.
(b)
Intermittent noise.
1.
Residential, agricultural, historic, and park districts: 55 dB(A)
from 8:00 p.m. to 7:00 a.m. and 60 dB(A) from 7:00 a.m. to 8:00 p.m.
2.
Business and office districts: 60 dB(A) from 8:00 p.m. to 7:00 a.m.
and 65 dB(A) from 7:00 a.m. to 8:00 p.m.
3.
Manufacturing district: 70 dB(A) from 8:00 p.m. to 7:00 a.m. and
75 dB(A) from 7:00 a.m. to 8:00 p.m.
(c)
Continuous noise.
1.
Residential, agricultural, historic, and park districts: 45 dB(A)
from 8:00 p.m. to 7:00 a.m. and 50 dB(A) from 7:00 a.m. to 8:00 p.m.
2.
Business and office districts: 50 dB(A) from 8:00 p.m. to 7:00 a.m.
and 55 dB(A) from 7:00 a.m. to 8:00 p.m.
3.
Manufacturing district: 55 dB(A) from 8:00 p.m. to 7:00 a.m. and
60 dB(A) from 7:00 a.m. to 8:00 p.m.
(d)
Perpetual noise.
1.
Residential, agricultural, historic, and park districts: 45 dB(A)
from 8:00 p.m. to 7:00 a.m. and 50 dB(A) from 7:00 a.m. to 8:00 p.m.
2.
Business and office districts: 50 dB(A) from 8:00 p.m. to 7:00 a.m.
and 55 dB(A) from 7:00 a.m. to 8:00 p.m.
3.
Manufacturing district: 55 dB(A) from 8:00 p.m. to 7:00 a.m. and
60 dB(A) from 7:00 a.m. to 8:00 p.m.
(4)
Limited exemptions. The following uses or situations shall have limited
exemptions from the noise standards of this section.
(a)
Construction noise. No person shall use construction equipment on
buildings or construction sites between the hours of 8:00 p.m. and
7:00 a.m. In all events, any and all noise resulting from activity
involving the use of construction equipment in a residential area
shall be measured from the property line on which the work is being
conducted.
(b)
Commercial power equipment. No person shall use commercial power
equipment in residential areas between the hours of 8:00 p.m. and
7:00 a.m.
(c)
Residential power equipment. Power equipment intended for frequent
use in residential areas may be used at a reasonable time and in a
reasonable manner so as not to offend the peace and quiet of persons
of ordinary sensibilities. In all events, any and all residential
power equipment used within, or adjacent to, a residential area shall
be limited to use between the hours of 7:00 a.m. and 8:00 p.m.
(d)
Loading and unloading. Loading, unloading, opening, closing or other
handling of boxes, crates, containers, building materials, or similar
objects between the hours of 8:00 p.m. and 7:00 a.m. in such a manner
as to cause a noise disturbance across a residential property line
shall be prohibited.
(5)
General exemptions. The following activities are exempted from the
requirements of this section:
(a)
Emergency work necessary to restore property to a safe condition
following fire, accident, or natural disaster; to restore public utilities;
or to protect persons or property from an imminent danger.
(b)
Residential snow removal.
(c)
Sound to be made to alert persons to the existence of an emergency,
danger or attempted crime.
(d)
Activities or operations of governmental units or agencies.
(e)
Parades, concerts, festivals, fairs, or similar activities, subject
to any sound limits established in the approval by the Village and
approved by the appropriate Village departments.
(f)
Athletic, musical, or cultural activities or events (including practices
and rehearsals) conducted by or under the auspices of public or private
schools.
(1)
Loitering or prowling prohibited generally. 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 subsection, 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. No person shall be convicted of an offense under this
subsection if the police or peace 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 police or peace
officer at the time, would have dispelled the alarm.
(2)
Obstruction of traffic by loitering. No person shall
loaf or loiter in a group or crowd upon the public streets, alleys,
sidewalks, street crossings or bridges or in any other public place
within the Village in such manner as to prevent, interfere with or
obstruct the ordinary free use of such public streets, alleys, sidewalks,
street crossings or bridges or other public places by persons passing
along and over the same.
(3)
Loitering after being requested to move.
(a)
In groups or crowds. No person shall loaf or loiter
in a group or a crowd upon the public streets or sidewalks or in adjacent
doorways or entrances, on 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.
(b)
In places of public assembly or use. No person shall
loiter, lounge or loaf in or about any depot, theater, dance hall,
restaurant, store, public sidewalk, public parking lot or other place
of assembly or public use after being requested to move by any police
officer. Upon being requested to move, a person shall immediately
comply with such request by leaving the premises or the area thereof.
(c)
In public or private school buildings or grounds.
No person not in official attendance or on official business shall
enter in, congregate or loiter in any school building or in any area
designated as "off limits" or "no trespassing" on any school grounds
by the school board or property owner in the Village of Greendale.
This shall not apply to guests of school officials.
[Amended 3-2-1999 by Ord. No. 763]
1.
During school hours, no persons not in official attendance
or on official business shall enter in, congregate, loiter or drive
upon any school property without permission from the principal or
his/her designee. A parent who is waiting for his or her child is
deemed to have a proper purpose for being in the parking lot on school
grounds.
2.
Recreational areas on school grounds may be utilized
by the public in accordance with the policy established by the school
district. During nonschool hours of darkness, no person without the
consent of school authority shall be allowed on school grounds designated
as "no trespassing" by the school board or property owner.
(d)
Obstructing highways. 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.
(e)
Loitering by minors near taverns. No minor shall loiter
on any public way, sidewalk or property within 100 feet of the entrance
or exit to any tavern within the Village. Any minor found to be in
violation of this subsection by a police officer shall be given an
opportunity to explain his presence and an opportunity to move on
at the request of such officer before further action is taken. Refusal
to explain and move on as requested shall constitute a violation and
the police officer may detain such minor until his parent or guardian
takes him into custody.
(1)
Disturbing the peace. No person shall own or harbor
any animal or fowl which, by frequent and habitual howling, yelping,
barking or otherwise, causes serious annoyance or disturbance to persons
in the Village.
(2)
Cruelty to animals and fowl.
[Amended by Ord. No. 634]
(a)
Cruelty.
1.
No person may cause, allow or themselves cruelly beat,
frighten, overburden, neglect or abuse any animal or bird or use any
device or chemical substance by which pain, suffering or death may
result, whether the animal belongs to the person or another, except
that reasonable force may be used to drive off vicious or trespassing
animals.
2.
No person shall abandon any animal or bird or transport
any animal or bird in a cruel manner.
(b)
Food and water. No person owning or having custody
of any animal or bird may neglect or fail to provide it with necessary
nourishing food at least once daily and provide a constant supply
of clean water to sustain the animal or bird in good health.
(c)
Shelter.
1.
No person may fail to provide any animal or bird in
his charge with shelter from inclement weather to ensure the protection
and comfort of the animal or bird.
2.
When sunlight is likely to cause overheating or discomfort
to any animal or bird, shade shall be provided by natural or artificial
means to allow protection from the direct rays of the sun but still
allow air to pass to keep the animal cool.
3.
Dogs and cats kept outdoors for more than one hour
at a time shall be provided with moistureproof and windproof shelter
of a size which allows the animal to turn around freely and to easily
sit, stand and lie in a normal position and to keep the animal clean,
dry and comfortable. Whenever the outdoor temperature is below 40°
F., clean, dry bedding material shall be provided in such shelters
for insulation and to retain the body heat of the animal. Motor vehicles
shall not be used as animal shelters.
(d)
Area to be kept clean. Any area where an animal is
housed or allowed to remain shall be kept clean of feces, animal waste
and other substances in order to keep the animal healthy and comfortable.
(e)
Leashes. Chains, ropes or leashes shall be placed
or attached so that they will not be entangled with another animal
or object and shall be of sufficient length in proportion to the size
of the animal to allow the animal proper exercise and convenient access
to food, water and shelter. A leash shall be located so as not to
allow an animal to trespass on public or private property nor in such
a manner as to cause harm or danger to persons or other animals. A
leash shall be located so as not to allow the animal to jump over
an obstacle where the leash can become entangled and the animal choke.
(f)
Animal removal. The Police Department or Humane Society may confiscate and remove animals from a premises for violation of any part of this Subsection (2). Animals removed because of such action may be stored or disposed of in a humane manner by the Humane Society or its designee. Probable cause that such a violation exists is sufficient reason to confiscate such animal. Conviction is not required.
(3)
Waste products and manure accumulations. The owner
or person in charge of any animal or fowl shall not permit solid fecal
matter of such animal or fowl to be deposited on any street, alley
or other public or private property unless the same is immediately
removed therefrom by the owner or person in charge of such animal
or fowl. The owner or person in charge of any private property shall
not permit solid fecal matter of animals or fowl to accumulate on
such property.
(4)
Keeping of animals and fowl within the Village limits.
[Amended 6-6-2017 by Ord.
No. 887]
(a)
No person or persons living, lodging, cooking or eating together in a residence or residential unit, and no person or persons owning or operating any agricultural business, office or manufacturing use shall keep or harbor a number of dogs and/or cats over the age of 12 weeks which added together total no more than three animals, except upon issuance of a special permit per Subsection (b) below.
(b)
Special permit. The Village Manager may issue a special permit to keep or harbor up to one or more dog or cat than allowed by Subsection (a) above, subject to the following application procedure and requirements:
1.
The application must be filed with the Village Clerk along with payment
of the special permit fee as established by the Village Board from
time to time. The application shall be filed and the fee shall be
paid for each year that the special permit is sought to be issued
or renewed.
2.
The Village Manager may issue the special permit if the Village Manager
determines that the issuance of such special permit will not be inimical
to the public health, safety and welfare and the maintenance of a
harmonious residential neighborhood.
3.
The Village Manager may impose conditions upon the issuance of the
special permit to ensure compliance with the standards of this section.
4.
If granted, such special permit shall be valid for one year from
the date of issuance. If the holder of the special permit seeks to
renew the special permit, a new application must be submitted to the
Village Clerk and it is the applicant's responsibility to ensure that
it is submitted at least 30 days before the expiration of the prior
permit.
5.
Such special permit may be revoked or not renewed by the Village
Manager in the event that the Village Manager finds the continuance
of such special permit would injure public health, safety or welfare,
or be inimical to harmonious residential neighborhood life, or upon
finding that the special permit holder failed to abide by the required
terms of the special permit.
6.
All dogs and cats kept under the conditions of a special permit shall
be licensed in the regular manner.
(c)
Except as otherwise provided herein, no person shall keep within
the Village, either temporarily or permanently, any bees, pigeons,
fowl, cows, cattle, horses, sheep, swine, goats, chickens, ducks,
turkeys, geese or any other domesticated livestock; provided, however,
that such animals or fowl may be kept at places approved by the Public
Health Administrator/Health Officer for educational purposes, for
research purposes, for circuses and similar recreational events and
may be kept within residential or agricultural districts as permitted
in the Zoning Code.[2] No rabbits or guinea pigs shall be kept within any portion
of any multiple dwelling.
(5)
Dogs and cats not to run at large.
(a)
Prohibited. No owner or other person in control or
having custody of a dog or cat shall allow the same to run at large
within the Village unless accompanied by and under the control of
the owner or keeper.
(b)
Setting at large. No person shall allow any cat or
dog to run at large by opening any door or gate of any premises or
loosen any restraining device or otherwise entice any dog or cat to
leave any place of confinement.
(6)
Harboring certain dogs and cats prohibited. No person
shall own, harbor or keep any dog or cat which:
(a)
Habitually pursues any vehicle upon any public street,
alley or highway.
(b)
Assaults or attacks any person or domestic animal.
[Amended 6-7-2005 by Ord. No. 820]
(c)
Is vicious. A showing that a dog or cat has bitten,
attacked or injured any person or domestic animal shall constitute
a prima facie showing that such dog or cat is vicious.
[Amended 6-7-2005 by Ord. No. 820]
(d)
Habitually barks or howls.
(e)
Is required to be licensed but is not.
(7)
Confinement and disposition.
(a)
Confinement of dogs. The Police Department or any officer appointed by the Village Board shall apprehend any dog running at large within the Village or which does any of the things prohibited under Subsection (6) and confine the same in a suitable place.
(b)
Repossession. The possession of any animal so seized
or impounded may be obtained by the owner upon the payment of $25
plus the current daily fee for keeping such animal each calendar day
or fraction thereof during which the animal has been impounded. The
fine shall be $50 for any subsequent violations. In addition, the
possession of an unlicensed dog or cat may be obtained by the owner
after he obtains the required license and pays the specified impoundment
and daily fee for keeping such dog or cat.
[Amended 2-1-2000 by Ord. No. 771]
(c)
Disposition of unclaimed animal. Any animal that is
impounded and is not reclaimed by the owner within 48 hours from the
time of impounding shall be turned over to the Milwaukee Area Domestic
Animal Control Commission (MADACC) by and in accordance with law.
[Amended 2-1-2000 by Ord. No. 771]
(9)
Rabies control. Section 95.21, Wis. Stats., relating
to animal bites and rabies control is adopted by reference and made
a part of this section as though set forth in full.
[Amended 5-20-2008 by Ord. No. 840]
(10)
Sale of fowl as novelties or pets prohibited. No person
shall sell or offer for sale, barter or give away baby chicks, ducklings
or other fowl as pets or novelties, whether or not dyed, colored or
otherwise artificially treated. This shall not prohibit the sale or
display of natural chicks or ducklings in proper brooder facilities
by hatcheries or stores engaged in the business of selling them to
be raised for commercial purposes. Violators shall have their fowl
seized by the Humane Officer, a peace officer, the Sheriff or the
Public Health Administrator/Health Officer who shall provide the necessary
care and attention to such fowl, and such fowl or pets shall not be
returned until all expenses for such care and attention have been
paid.
(1)
Interference prohibited. No person shall resist or
interfere with any officer of the Village while such officer is doing
any act in his official capacity and with lawful authority, nor shall
any person refuse to assist an officer in carrying out his duties
when so requested by the officer.
(2)
False alarms prohibited. No person shall give or send
or cause to be given or sent any fire alarm or any false information
to the Police or Fire Department which he knows to be false.
(3)
Assisting escape of prisoners. No person shall aid
any prisoner or person in escaping from the lawful custody of a policeman
or peace officer of the Village.
(4)
Impersonating police officers. No person shall impersonate
a policeman or peace officer within the Village.
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 fastened in such manner as to
prevent injury to any person, and any cover shall be of such design,
size and weight that the same cannot be removed by small children.
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
icebox, 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 unless such door or lid, snap lock or other locking
device has been removed from such icebox, refrigerator or container
or unless such container is displayed for sale on the premises of
the owner or his agent and is securely locked or fastened.
[Amended 9-19-2001 by Ord. No. 785]
(1)
Curfew.
(a)
Hours. No child under the age of 17 shall loiter,
idle or remain upon any street, alley or other public place or establishment
in the Village between 11:00 p.m. and 5:00 a.m. the next day unless
such child is accompanied by his parent, guardian or other adult having
legal custody of such child.
(b)
ESTABLISHMENT
PUBLIC PLACE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any privately owned place of business operated for a profit
to which the public is invited, including but not limited to any place
of amusement or entertainment.
Any place to which the public or a substantial group of the
public has access, and includes streets, highways, and the common
areas of schools, apartment houses, office buildings and shops.
(c)
Exceptions. This section shall not apply to a child
who is:
1.
Under the age of 17 years who is married or who has
the disability of minority removed under the laws of the State of
Wisconsin.
2.
Performing an errand as directed by his parent, guardian
or person having lawful custody.
3.
Involved in employment-related activities.
4.
On his own premises or in the areas immediately adjacent
thereto.
5.
Going to or returning from a supervised school, church
or civic function.
6.
Involved in a government-declared emergency.
(2)
Parental violation. No parent, guardian or other person
having legal custody of a child under the age of 17 years shall permit
such child to loiter, idle or remain upon any street, alley or other
public place or establishment in the Village between 11:00 p.m. and
5:00 a.m. the next day unless such child is accompanied by his parent,
guardian or other adult person having legal custody of such child.
(3)
Responsibility of operators of places of amusement
or establishments. No person operating an establishment or place of
amusement or entertainment within the Village, or any agent, servant
or employee of such person, shall permit a child under the age of
17 years to enter or loiter in such place between the hours of 11:00
p.m. and 5:00 a.m. the next day unless such child is accompanied by
his parent, guardian or other adult person having legal custody of
such child.
(4)
Detaining a child. A child believed to be violating the provisions of this section shall be taken to the Police Department or the County Sheriff's Department for proper identification. Any law enforcement officer on duty may detain any child violating Subsection (1) or (5) until such time as the parent, guardian or other adult person having legal custody of the child has been immediately notified and the person so notified has, as soon as reasonably possible thereafter, reported to the Police Department or the Sheriff's Department for the purpose of taking the child into custody and has signed a release for him. See also § 9.07(3)(e).
(5)
Warning. The first time a child is detained by law enforcement officers as provided in Subsection (4), the parent, guardian or person having legal custody shall be advised as to the provisions of this section. Any violation of this section occurring thereafter by this child or any other child under such adult's care or custody shall result in a penalty being imposed as provided in Subsection (6).
(1)
Unlawful assembly.
(a)
Village police officers shall suppress unlawful assemblies
within the Village and may order all persons who are part of an unlawful
assembly to disperse. An unlawful assembly shall be 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
shall cause injury to persons or damage to property unless it is immediately
dispersed. An unlawful assembly may also consist of three or more
persons if it is reasonable to believe that a disturbance of public
order shall result and injury to persons or damage to property shall
occur unless it is immediately dispersed.
(b)
No person shall fail or refuse to withdraw from an
unlawful assembly which he knows has been ordered to disperse.
(2)
Obstructions prohibited. No persons shall assemble
upon any sidewalk, crosswalk, street, parking lot or other public
place in the Village so as to obstruct, hinder or impede free travel
thereon or to obstruct, hinder or impede free ingress or egress to
and from any place of business, place of amusement, meeting house,
hall or church or occupy or obstruct so as to interfere with the complete,
free and convenient use of the same by the public, and no person so
assembled shall refuse or fail to move away, depart or give free passage
after being requested to do so by a police officer or the owner, occupant,
manager or lessee of any such place.
(3)
Village Hall property. No person shall enter, walk
or be upon the public grounds adjacent to the Village Hall between
9:00 p.m. and 7:00 a.m. except for the purpose of ingress and egress
to the Village Hall when open for business or other public meetings.
(1)
Declaration. It is hereby declared that the protection
and preservation of the home is the keystone of democratic government;
that the public health and welfare and the good order of the community
require that members of the community enjoy in their homes and dwellings
a feeling of well-being, tranquility and privacy and, when absent
from their homes and dwellings, carry with them the sense of security
inherent in the assurance that they may return to the enjoyment of
their homes and dwellings; that the practice of picketing before or
about residences and dwellings causes emotional disturbance and distress
to the occupants and obstructs and interferes with the free use of
public sidewalks and public ways of travel; that such practice has
as its object the harassing of such occupants; and without resort
to such practice full opportunity exists and under the terms and provisions
of this section shall continue to exist for the exercise of freedom
of speech and other constitutional rights; and that the provisions
are necessary for the public interest to avoid detrimental results
and are enacted by the Village Board pursuant to the provisions of
§ 61.34(1), Wis. Stats.
(2)
Prohibited. No person shall picket before or about
the residence or dwelling of any individual.
[Amended 9-7-1982]
(1)
Where prohibited.
(a)
No person shall distribute or place or cause to be
distributed or placed any printed or written matter, any sample or
device, dodger, circular, leaflet, pamphlet, newspaper, magazine,
paper booklet or any other printed or otherwise reproduced original
or copies of any matter or literature in or upon any automobile, steps,
lawn, yard, driveway or porch of any private building or residence,
unless the advertising material is fastened to the entrance of any
private dwelling unit so that it shall not be likely to be scattered
or blown on or about the premises, onto adjacent lots or yards or
upon the sidewalks, streets, alleys and other public places of the
Village.
(b)
No person shall distribute, deposit, place, throw,
scatter or cast any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet
or any other printed or otherwise reproduced original or copies of
any matter or literature upon any premises where the owner or occupant
has caused to be placed in a position clearly visible to the distributor
a sign or notice bearing the words "No Advertisement," "No Handbills"
or any similar notice.
(c)
No person shall distribute, deposit, scatter, hand
out or circulate any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet
or any other printed or otherwise reproduced original or copies of
any matter or literature in any place under any circumstances which
does not have printed on the same either of the following:
1.
The name and address of the principal advertiser or
the name and address of the person who printed, wrote, compiled or
manufactured the same.
2.
The name and address of the person who caused the
same to be distributed. In the case of a fictitious person or club,
in addition to such fictitious name, the true names and addresses
of the owners, managers or agents of the person sponsoring the handbill
shall also appear thereon.
(2)
Plastic container requirements. Distribution of materials
at any dwelling or apartment in a polyethelene or other type of flexible
plastic container more than four inches in diameter shall not be permitted
unless the container is ventilated with at least two holes not less
than 1/4 inch in diameter and 0.0001 inch gauge or more in thickness.
(3)
Exceptions. The provisions of this section shall not
be deemed to apply to the distribution of mail by the United States
nor to newspapers as defined in this subsection. "Newspaper" shall
include any newspaper of general circulation as defined by general
law, any newspaper duly entered with the Post Office Department of
the United States in accordance with federal statute or regulation
and any officer as provided by general law, and in addition thereto
shall mean and include any periodical or magazine regularly published
with not fewer than four issues per year and sold to the public.
[Amended 10-18-2011 by Ord. No. 857]
All the provisions of § 943.13, Wis. Stats., describing
and defining regulations with respect to trespass to land, for which
the penalty is a forfeiture only, are hereby adopted and by reference
made a part of this subsection s if fully set forth herein. Any act
required to be performed or prohibited by § 943.13, Wis.
Stats., incorporated herein by reference, is required or prohibited.
Any future amendments, revisions or modifications of § 93.13,
Wis. Stats., incorporated herein, are intended to be made part of
this section.
(1)
Definition. "Toxic glue" shall mean any glue, 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, isopropyl alcohol, methyl alcohol, methyl cellosolve,
acetate, methyl ethyl ketone, methyl isobutyl ketone, pentachlorophenol,
petroleum ether, trichlorethylene, tricresyl phosphate, toluene, toluol
or any other chemical capable of producing intoxication when inhaled.
(2)
Inhalation prohibited. No person shall inhale or otherwise
introduce into his respiratory tract any toxic glue or any vapors
or fumes which may be released from any toxic glue with the intent
of becoming intoxicated, elated, excited, stupefied, irrational, or
paralyzed or of changing, distorting or disturbing his eyesight, thinking
process, judgment, balance or muscular coordination.
(3)
Sale or transfer. No person shall, for the purpose
of violating or aiding another to violate any provision of this section,
possess, buy, sell, transfer possession or receive possession of any
toxic glue. No person shall sell or transfer possession of any toxic
glue to any person under 18 years; provided, however, that one tube
or container of toxic glue may be sold or transferred to a child under
18 years immediately in conjunction with the sale or transfer of a
model kit if the kit requires approximately such quantity of the glue
for assembly of the model, and nothing herein contained shall be applicable
to the transfer of a tube or other container of such glue from a parent
to his child or from a legal guardian to his ward.
(1)
Definition. "Harmful substance" shall mean any substance other than toxic glue as defined in § 9.19 having the property of releasing toxic vapors or which is or vaporizes to produce a vapor, gas or fume which, when inhaled, produces intoxication, stupefaction, irrational behavior, paralysis or changing, distorting or disturbing of eyesight, thinking process, judgment, balance or muscular coordination.
(2)
Inhalation prohibited. No person shall smell gases
or inhale the fumes or vapors of any harmful substance with the intent
of becoming intoxicated, stupefied, irrational, or paralyzed or of
changing, distorting or disturbing his eyesight, thinking process,
judgment, balance or muscular coordination.
(3)
Sale or transfer. No person shall, for the purpose
of violating or aiding another to violate any provision of this section,
possess, buy, sell, transfer possession or receive possession of any
harmful substance.
[Amended by Ord. No. 580]
(1)
Section 101.123, Wis. Stats., regulating smoking is
adopted by reference and made a part of this section as though set
forth in full.
(2)
Section 120.12(20), Wis. Stats., regulating smoking
on school premises is adopted by reference and made a part of this
section as though set forth in full.
[Amended by Ord. No. 650]
(3)
No person shall throw hot or burning substances or
objects such as cigars, cigarettes, papers, matches or ashes from
windows or doors of any public building or public place or from any
moving vehicle.
(4)
Section 254.92, Wis. Stats., is adopted by reference
and made a part of this section as though set forth in full.
[Amended by Ord. No. 733; 1-16-2001 Ord. No. 777]
(1)
No person shall consume any intoxicating liquor or
fermented malt beverage while in or upon any public street, alley,
sidewalk or other public way or private property designated for general
use by the public without express consent of the owner or occupant.
[Amended by Ord. No. 613]
(2)
All purchases of alcohol or fermented malt beverages
by the glass or in open containers shall be consumed on the licensed
premises where served and shall not be removed to thoroughfares, streets
or sidewalks in the Village.
(3)
No person shall be in possession of any glass or open
container containing alcohol or fermented malt beverages on any public
street, alley, sidewalk, public way or public park, except with express
written permission of the appropriate governmental agency and then
only in such areas as designated by such governmental agency or on
private property designated for general use by the public without
express consent of the owner or occupant.
[Amended by Ord. No. 613]
(4)
The Village Board may designate areas within which intoxicating liquor
and fermented malt beverages may be consumed in open containers on
days to be declared public celebration days by the Village Board.
[Amended 8-1-2017 by Ord.
No. 888]
(5)
No person under the legal drinking age shall receive
or purchase from any person or have in his possession any intoxicating
liquor, wine or fermented malt beverages. No person shall sell or
give to any person under the legal drinking age any intoxicating liquor,
wine or fermented malt beverage. This subsection shall not apply to
employees of Class A or Class B licensees while handling such commodities
in unopened containers while in the course of their employment. Such
employees shall be subject to the provisions of Ch. 125, Wis. Stats.
(6)
Any person who shall be found behind the steering
wheel of a motor vehicle under the influence of an alcohol beverage
or narcotic drug shall be guilty of a violation of this chapter.
[Added by Ord. No. 567]
(7)
No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by a person under the legal drinking age on premises owned by the person or under the person's control. This subsection does not apply to alcohol beverages used exclusively as part of a religious service. No adult may intentionally encourage or contribute to a violation of Subsection (5) or (6) of this section.
[Added by Ord. No. 582]
(8)
No person who has not attained the legal drinking
age shall enter, remain or loiter in any public or private place where
any fermented malt beverage or other alcohol beverage is sold, dispensed,
made available or given away unless accompanied by a parent, guardian
or spouse who has attained the legal drinking age.
[Added by Ord. No. 619]
(9)
No person of legal drinking age shall suffer or permit
any person who has not attained the legal drinking age to remain,
enter or loiter in any premises, public or private, where fermented
malt beverages or other alcohol beverages are served, sold, dispensed,
made available or given away, unless such person who has not attained
the legal drinking age is accompanied by a parent, guardian or spouse
who has attained the legal drinking age.
[Added by Ord. No. 619]
(10)
The following statutes are adopted by reference to define offenses against the peace and good order of the Village, provided that the penalty for commission of such offenses hereunder shall be limited to the forfeiture imposed under § 25.04 of this Code:
[Amended by Ord. No. 666]
|
125.07(4)(a), (b) or (bm)
|
Underage persons
|
|
125.085(3)(b)
|
Proof of age — underage persons
|
|
125.09(2)
|
Possession of alcohol beverages on school grounds
prohibited
|
(1)
Definition. "Abandoned property" shall be defined
as personal property which has been abandoned or remained unclaimed
for a period of 30 days after the taking of possession of the property
by the Village.
(2)
Disposition of material. If any abandoned property
can be used by any municipal department, the Village Manager or Police
Chief is authorized to make such material or equipment available for
use in that department. If the abandoned property is not used for
municipal purposes, the Village Manager or Police Chief is authorized
to sell or dispose of it at private or public sale or as otherwise
herein provided. The Village Manager or Police Chief shall advertise
for bids in a daily paper having a general circulation in the Village
and shall award the sale of such property to the highest responsible
bidder; provided, however, that the Village Manager or Police Chief
may, in the best interest of the Village, dispose of such property
either through an agreed upon amount of sale or as a gift, pursuant
to the provisions of § 66.0139, Wis. Stats. If the abandoned
property is not disposed of in a sale open to the public, an inventory
shall be maintained of the property, containing a record of the date
and method of disposal, the consideration received for the abandoned
property, if any, and the name and address of the person taking possession
of the property. Such inventory shall be kept as a public record for
a period of not less than two years from the date of disposal of the
abandoned property. The proceeds of all sales under this section shall
be paid to the Village Clerk-Treasurer. The provisions of this section,
however, are not applicable to the disposition of unclaimed or abandoned
flammable, explosive or incendiary devices and unclaimed or abandoned
firearms or ammunition.
[Amended by Ord. No. 730; 11-7-2006 by Ord. No. 831]
No person shall possess 25 grams or less of
marijuana, as defined in § 961.01(14), Wis. Stats., subject
to the exceptions in § 961.41(3g), Wis. Stats.
[Added by Ord. No. 651; amended 12-15-1998 by Ord. No. 762]
(1)
ACCEPTABLE EXCUSE
ACT OF COMMISSION OR OMISSION
HABITUAL TRUANT
TRUANT
Definitions. For the purposes of this section, the
following terms shall have the meaning indicated:
The meaning as defined in §§ 118.15 and 118.16(4),
Wis. Stats.
Anything that contributes to the truancy of a child, whether
or not the child is adjudged to be in need of protection or services,
if the natural and probable consequences of that act would be to cause
the child to be truant.
A pupil who is absent from school without an acceptable excuse
for part or all of five or more days on which school is held during
a school semester.
A pupil who is absent from school without an acceptable excuse
under §§ 118.15 and 118.16(4), Wis. Stats., for part
or all of any day on which school is held during a school semester.
(2)
Truancy prohibited. No person under 18 years of age
shall be a truant as defined in this section. The following dispositions
are available to the Municipal Court pursuant to § 118.163(1)(m),
Wis. Stats.:
(a)
An order for the person to attend school.
(b)
A forfeiture of not more than $50 plus costs for a
first violation or a forfeiture of not more than $100 plus costs for
any second or subsequent violation committed within 12 months of a
previous violation, subject to § 938.37, Wis. Stats., and
subject to a maximum cumulative forfeiture amount of not more than
$500 for all violations committed during the school semester. All
or part of the forfeiture plus costs may be assessed against the person,
the parents or guardian of the person, or both.
(3)
Habitual truancy. Any person found by the Court to
be a habitual truant as defined in this section shall be subject to
one or more of the following dispositions:
(a)
Suspension of the person's operating privilege for
not less than 30 days nor more than one year. The Court shall immediately
take possession of any suspended license and forward it to the Department
of Transportation together with a notice stating the reason for and
the duration of the suspension.
(b)
An order for the person to participate in counseling
or a supervised work program or other community service work as described
in § 938.34(5g), Wis. Stats. The costs of any such counseling,
supervised work program or other community service work may be assessed
against the person, the parents or guardian of the person, or both.
Any county department of human services or social services, community
agency, public agency or nonprofit charitable organization administering
a supervised work program or other community service work to which
a person is assigned pursuant to an order under this subsection acting
in good faith has immunity from any civil liability in excess of $25,000
for any act or omission by or impacting on that person.
(c)
An order for the person to remain at home except during
hours in which the person is attending religious worship or a school
program, including travel time required to get to and from the school
program or place of worship. The order may permit a person to leave
his or her home if the person is accompanied by a parent or guardian.
(d)
An order for the person to attend an educational program
as described in § 938.34(7d), Wis. Stats.
(e)
An order for the Department of Workforce Development
to revoke, under § 103.72, Wis. Stats., a permit under § 103.70,
Wis. Stats., authorizing the employment of the person.
(f)
An order for the person to be place in a teen court
program as described in § 938.342(lg)(f).
(g)
An order for the person to attend school.
(h)
A forfeiture of not more than $500 plus costs, subject
to § 938.37, Wis. Stats. All or part of the forfeiture plus
costs may be assessed against the person, the parents or guardian
of the person, or both.
(i)
Any other reasonable condition consistent with this
subsection, including a curfew, restrictions as to going to or remaining
on specified premises, and restrictions on associating with other
children or adults.
(j)
An order placing the person under formal or informal
supervision as described in § 938.34(2), Wis. Stats., for
up to one year.
(k)
An order for the person's parent, guardian or legal
custodian to participate in counseling at the parent's, guardian's
or legal custodian's own expense or to attend school with the person,
or both.
(4)
Preconditions to issuance of a citation. Before any
proceedings are commenced under this section, the requirements provided
for in § 118.16, Wis. Stats., shall be followed.
(5)
Required school attendance. Any person having under
his control a person who is between the ages of six and 18, subject
to the exceptions found in § 118.15, Wis. Stats., shall
cause a child to attend school regularly during the full period and
hours that the public or private school in which the child shall be
enrolled is in session until the end of the school term, quarter or
semester of the school year in which the child becomes 18 years of
age.
(a)
A person will not be found in violation of this section
if that person can provide that he is unable to comply with the provisions
of this section because of the disobedience of the child. The child
shall be referred to the court assigned to exercise jurisdiction under
Ch. 48 or 938, Wis. Stats.
(b)
A person will not be found in violation of this section
if he has the child under his control and the child has been sanctioned
under § 49.26(1)(h), Wis. Stats.
(c)
Before a person may be found guilty of violating this section, the school attendance office must present evidence to the court that the activities under § 118.16(5), Wis. Stats., have been complied with by the school system. If that evidence has been presented to the court and if the court finds the person guilty of violating this section, forfeiture may be assessed as provided in § 9.51 of this chapter.
(6)
Contributing to truancy. Any person 18 years of age
or older is hereby prohibited from performing any act of commission
or omission which act encourages or contributes to the child's truancy
from school.
[Added by Ord. No. 703]
(1)
Definitions. "Dropout" has the meaning given in § 118.153(1)(b),
Wis. Stats.
(2)
Penalty. The Municipal Court of the Village may suspend
the operating privilege, as defined in § 340.01(40), Wis.
Stats., of a child who is at least 16 years of age but less than 18
years of age and is a dropout. The Municipal Court may suspend the
child's operating privilege, as defined in § 340.01(40),
Wis. Stats., until the child reaches the age of 18 years. The Court
shall immediately take possession of any suspended operating license
and forward it to the Department of Transportation together with a
notice stating the reason for and the duration of the suspension.
[Amended 8-7-2001by Ord. No. 784]
(1)
Declaration of policy. The right of all persons to
have equal opportunities for housing regardless of their sex, color,
physical condition, disability [as defined in § 106.60(lm)(g),
Wis. Stats.], sexual orientation [as defined in § 111.32(13m),
Wis. Stats.], religion, national origin, marital status, family status
[as defined in § 106.60(lm)(k), Wis. Stats.], lawful source
of income, age or ancestry is a matter of local interest. It is the
policy of the Village that all persons, regardless of their sex, race,
color, physical condition, disability, sexual orientation, religion,
national origin, family status, lawful source of income, age or ancestry,
are entitled to fair and equal access to housing and to that end the
Village hereby enacts this section, which prohibits any person not
herein exempted from discriminating against any other person by impairing
to any degree access to any housing or housing accommodation on the
basis of sex, race, color, physical condition, disability, sexual
orientation, religion, national origin, marital status, family status,
lawful source of income, age or ancestry.
(2)
COMPLAINANT
DISCRIMINATE or DISCRIMINATION
HOUSING
Definitions. As used in this section, the following
terms shall have the meaning indicated:
Any person who files a complaint.
To segregate, separate, exclude or treat any person or class
of persons unequally because of sex, race, color, physical condition,
disability [as defined in § 106.60(lm)(g), Wis. Stats.],
sexual orientation [as defined in § 111.32(13m), Wis. Stats.],
religion, national origin, marital status, family status [as defined
in § 106.60(lm)(k), Wis. Stats.], lawful source of income,
age or ancestry.
Any building, structure or portion thereof or any improved
property, including any mobile home as classified in § 66.0435,
Wis. Stats., which is used or occupied or is intended, arranged or
designed to be used or occupied as a home or residence. The definition
includes any vacant land which is offered for sale or lease for the
construction or location thereon of any such building, structure or
portion thereof.
(3)
Discrimination prohibited. No person shall discriminate:
(a)
By refusing to sell, lease, finance or contract to
construct housing or by refusing to discuss the terms thereof.
(b)
By refusing to permit inspection or exacting different
or more stringent price, terms or conditions for the sale, lease or
rental of housing.
(c)
By refusing to finance or sell an unimproved residential
lot or to construct a home or residence on it.
(d)
By publishing, circulating, issuing or displaying
or causing to be published, circulated, issued or displayed any communication,
notice, advertisement or sign in connection with the sale, financing,
lease or rental of housing which states or indicates any discrimination
in connection with housing.
(4)
Enforcement. The provisions of this section shall
be enforced by the Village Attorney. The Village Attorney, upon receipt
of a complaint, signed by the complainant, may issue a complaint if
in his judgment an action of discrimination is sustainable in court.
[Added 5-6-1997 by Ord. No. 744]
(1)
No person shall utilize the enhanced 911 emergency
telephone number system for any purpose other than to report an emergency.
No person shall report an alleged emergency knowing that in fact the
situation which he reports does not exist.
(2)
An emergency under this section exists when an immediate
response by public safety personnel is essential and there is a potential
situation or existing situation consisting of:
[Added 8-19-1997 by Ord. No. 748]
[Added 11-7-2006 by Ord. No. 832]
[Amended by Ord. No. 588; Ord.
No. 639]
(1)
Whoever is concerned in the commission of an ordinance
violation is a principal and may be charged with and convicted of
the commission of the ordinance violation although he did not directly
commit and although the person who directly committed it has not been
convicted or has been convicted of some ordinance violation based
on the same act.
(2)
A person is concerned in the commission of an ordinance
violation if he:
(a)
Directly commits the ordinance violation;
(b)
Intentionally aids and abets the commission of the
violation; or
(c)
Is a party to a conspiracy with another to commit
or advises, hires, counsels or otherwise procures another to commit
the violation. Such a party is also concerned in the commission of
any other violation which is committed in pursuance of the intended
violation and which under the circumstance is a natural and probable
consequence of the intended violation. This does not apply to a person
who voluntarily changes his mind and no longer desires that the violation
be committed and notifies the other parties concerned of his withdrawal
within a reasonable time before the commission of the violation so
as to allow the others also to withdraw.
[Added 5-20-2008 by Ord. No. 836[1]]
(1)
No person shall, in a public or private place, engage
in violent, abusive, indecent, profane, boisterous, unreasonably loud
or otherwise disorderly conduct under circumstances in which the conduct
tends to cause or provoke a disturbance.
(2)
Public urination or defecation by humans shall be
considered disorderly conduct.
[Added 12-18-2018 by Ord.
No. 901]
(1)
COAL TAR
COAL TAR SEALANT PRODUCT
HIGH-PAH SEALANT PRODUCT
PAVEMENT SEALANT PRODUCT or SEALCOAT
POLYCYCLIC AROMATIC HYDROCARBONS (PAHs)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A by-product of the process used to refine coal. Coal tar
contains high levels of polycyclic aromatic hydrocarbons (PAHs).
A pavement sealant product that contains coal tar, coal tar
pitch, coal tar pitch volatiles, RT-12, refined tar or any variation
assigned the Chemical Abstracts Service (CAS) Nos. 65996-92-1, 65996-93-2,
65996-89-6, or 8007-45-2 or related substances.
Any pavement sealant product that contains greater than 0.1%
polycyclic aromatic hydrocarbons (PAHs) by weight, including, but
not limited to, coal tar sealant products and sealant products containing
steam-cracked petroleum residues, steam-cracked asphalt, pyrolysis
fuel oil, heavy fuel oil, ethylene tar, or any variation of those
substances assigned the Chemical Abstracts Service No. 64742-90-1,
69013-21-4 or related substances.
Any substance that is typically applied on paved surfaces
to protect the surfaces. This may include but is not limited to sealant
products that are coal tar or asphalt based.
A group of organic chemicals that are formed during the incomplete
combustion of coal, oil, gas, or other organic substances, are present
at high levels in coal tar, and are known to be harmful to humans,
fish, and other aquatic life.
(3)
Regulation of the application and sale of coal tar or other high-PAH
sealant products.
(a)
No person shall apply any coal tar sealant product or high-PAH sealant
product within the Village of Greendale.
(b)
Except as provided in Subsection (4), Exemptions, no person shall sell, offer to sell, or display for sale any coal tar sealant product or high-PAH sealant product within the Village of Greendale.
(c)
Any person who sells pavement sealant products shall prominently
display, in the area where such pavement sealant products are sold,
a notice that contains the following language: "The application of
coal tar sealant products or other high-PAH sealant products on driveways,
parking lots and all other paved surfaces in the Village of Greendale
is prohibited by Chapter 9.52 of the Village of Greendale Code of
Ordinances. Polycyclic Aromatic Hydrocarbons (PAHs) are a group of
organic chemicals that are known to cause cancer and are toxic to
aquatic life. Coal tar and other high-PAH sealant products are a major
source of PAHs that can travel into homes, buildings, and soils, or
be carried by stormwater and other runoff into the water resources
of the Village of Greendale."
(d)
No person shall allow a coal tar sealant product or other high-PAH
sealant product to be applied upon property that is under that person's
ownership or control.
(e)
No person shall contract with any commercial applicator, residential
or commercial developer, or any other person for the application of
any coal tar sealant product or high-PAH sealant product to any driveway,
parking lot, or other surface within the Village of Greendale.
(f)
No commercial applicator, residential or commercial developer, or
other similar individual or organization shall direct any employee,
independent contractor, volunteer, or other person to apply any coal
tar sealant product or high-PAH sealant product to any driveway, parking
lot, or other surface within the Village of Greendale.
(4)
Exemptions.
(a)
A person is exempt from the requirements of § 9.52(3)(b) if he or she does not intend to apply the sealant within Village of Greendale boundaries.
(5)
Penalty.
(a)
Any person who violates § 9.52(3) by applying a coal tar sealant product or high-PAH sealant product at his or her residence shall be subjected to a fine not to exceed $500.
(b)
Each day that a violation occurs or continues is a separate offense
and subject to an additional fine.
(c)
Any commercial sealant product applicator, residential or commercial developer, industrial or commercial owner, or any other person, other than a person identified under Subsection (5)(a) above, who violates § 9.52(3), shall be subject to a fine of not less than $1,000 nor more than $10,000. Each incidence of a violation shall constitute a separate offense. Upon default of payment, the violator shall be subject to imprisonment for not less than 30 days nor more than 100 days.
[Amended by Ord. No. 639]
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 25.04 of this Code. In addition to any penalty imposed for violation of § 943.01(1), Wis. Stats., any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent of any unemancipated minor child who violates § 943.01(1), Wis. Stats., may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.
