[HISTORY: Adopted by the Town Board of the Town of Woodruff 2-11-1986
as §§ 9.01 to 9.10, 9.12 to 9.14, 9.19 and 9.25. Amendments
noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch.
136.
Adult-oriented establishments — See Ch.
200.
Alarm systems — See Ch.
207.
Intoxicating liquor and fermented malt beverages — See Ch.
307.
The following statutes 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 Town, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under §
1-3 of this Code:
110.075(7)
|
Producing/using inspection sticker fraudulently
|
134.06
|
Bonus to chauffeurs for purchases, forbidden
|
134.71(8)
|
Violations by secondhand dealers
|
173.10
|
Investigation of cruelty complaints
|
175.25
|
Storage of junked automobiles
|
218.0146
|
Motor vehicles
|
218.0147
|
Purchase or lease of motor vehicle by minor
|
254.76
|
Causing fires by tobacco smoking
|
285.30(6)
|
Tampering with pollution control system or mechanism
|
939.05
|
Parties to crime
|
939.22
|
Words and phrases defined
|
939.32
|
Attempt
|
940.19(1)
|
Battery
|
941.01
|
Negligent operation of vehicle
|
941.10
|
Negligent handling of burning material
|
941.12(2) and (3)
|
Interfering with fire fighting
|
941.13
|
False alarms
|
941.20(1)
|
Endangering safety by use of dangerous weapon
|
941.23
|
Carrying concealed weapon
|
941.24
|
Possession of switchblade knife
|
941.35
|
Emergency telephone calls
|
943.01(1)
|
Damage to property (less than $1,000)
|
943.07(1), (2) and (3)
|
Criminal damage to railroads
|
943.07(4)
|
Intentionally depositing debris on railroad track or right-of-way
|
943.11
|
Entry into locked vehicle
|
943.125
|
Entry into locked coin box
|
943.13
|
Trespass to land
|
943.14
|
Criminal trespass to dwellings
|
943.20
|
Theft ($500 or less)
|
943.21
|
Fraud on hotel or restaurant keeper ($500 or less)
|
943.22
|
Use of cheating tokens
|
943.23(2)
|
Operating vehicle without owner's consent
|
943.24
|
Issue of worthless check (less than $500)
|
943.34(1)
|
Receiving stolen property (less than $500)
|
943.37
|
Alteration of property identification marks
|
943.41(2), (3)(a) to (d) or (4)(b)
|
Financial transaction card crimes (less than $500)
|
943.50
|
Retail theft (shoplifting)
|
944.15
|
Public fornication
|
944.17
|
Sexual gratification
|
944.20
|
Lewd and lascivious behavior
|
944.30
|
Prostitution
|
944.31
|
Patronizing prostitutes
|
944.33(1)
|
Pandering
|
944.36
|
Solicitation of drinks prohibited
|
945.01
|
Definitions relating to gambling
|
945.02
|
Gambling
|
945.04
|
Permitting premises to be used for commercial gambling
|
946.06
|
Improper use of the flag
|
946.32
|
False swearing
|
946.40
|
Refusing to aid officer
|
946.41
|
Resisting or obstructing officer
|
946.42(1)
|
Escape
|
946.68
|
Simulating legal process
|
946.69
|
Falsely assuming to act as a public officer or employee or utility employee
|
946.70
|
Impersonating peace officers
|
946.72(2)
|
Tampering with public records and notices
|
947.01
|
Disorderly conduct
|
947.012
|
Unlawful use of telephone
|
947.06
|
Unlawful assemblies and their suppression
|
948.51
|
Hazing
|
948.60
|
Possession of a dangerous weapon by a person under 18
|
948.63
|
Receiving property from a child
|
951.01 to 951.15
|
Crimes against animals
|
961.41(3g)(e)
|
Possession of marijuana
|
961.41(4)(bm)
|
Unlawful manufacture/delivery of controlled substance
|
[Amended 11-14-1990]
The Town Board of the Town of Woodruff makes this section in the interest
of protecting the health, safety and welfare of persons residing in or visiting
the Town of Woodruff and for the purpose of protecting such persons from the
dangers inherent in the firing of certain firearms in or adjacent to residential
areas. Therefore, the firing by any person of certain firearms, to be hereinafter
designated, is hereby prohibited in areas of the Town of Woodruff hereinafter
designated.
A. Designation of firearms:
(3) Any shotgun using a slug as ammunition.
(4) Any black powdered muzzle-loading gun.
(5) Any handgun with a caliber of .22 or larger.
B. Designated areas in the Town of Woodruff in which firing of aforementioned
firearms is prohibited:
(1) All recorded subdivisions.
(2) In Township 39 North, Range 6 East, Oneida County, Wisconsin:
all of Sections 1 and 2.
(3) In Township 39 North, Range 7 East, Oneida County, Wisconsin:
all of Sections 5, 6, 7 and 19 and that portion of Section 18 which is southwesterly
of Highway 47.
C. This section shall not apply to the discharge of a firearm by
a law enforcement officer in the performance of his duties.
No person shall throw or shoot any object, 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 Town, provided that the Chief of Police may
grant a permit for archery for a period of not more than one year.
Section 167.10, Wis. Stats., regulating the sale and use of fireworks,
exclusive of any penalty imposed thereby, is adopted by reference and made
a part of this section as though set forth in full. Pursuant to § 167.10(3)(e),
Wis. Stats., a policy of liability insurance shall be required. An applicant
for a user's permit shall also be required to pay a permit fee as provided
in the Town Fee Schedule.
No person shall stand, sit, loaf, loiter or engage in any sport or exercise
on any public street, sidewalk, bridge or public ground within the Town in
such manner as to prevent or obstruct the free passage of pedestrian or vehicular
traffic thereon or to prevent or hinder free ingress or egress to or from
any place of business or amusement, church, public hall or meeting place,
except with the permission of the Town Board upon written application to the
Board.
No person shall make or cause to be made any loud, disturbing or unnecessary
sounds or noises such as may tend to annoy or disturb another in or about
any public street, alley, or park or any private residence.
No person shall operate a motor vehicle in such a manner as to cause
the tires to squeal, the motor to race excessively, the horn to blow unnecessarily,
the radio to blare or in any other manner which would annoy or disturb other
persons in the Town or endanger the public peace and safety.
All forms of gambling, lotteries and fraudulent devices and practices
are prohibited within the Town. Any police officer of the Town shall seize
anything devised solely for gambling or found in actual use for gambling within
the Town and dispose thereof after a judicial determination that such device
was used solely for gambling or found in actual use for gambling.
A. Loitering or prowling. No person shall loiter or prowl
in a place, at a time or in a manner not usual for law-abiding individuals
under circumstances that warrant alarm for the safety of persons or property
in the vicinity. Among the circumstances which may be considered in determining
whether such alarm is warranted is the fact that the person takes flight upon
appearance of a police or peace officer, refuses to identify himself or manifestly
endeavors to conceal himself or any object. Unless flight by the person or
other circumstances makes it impracticable, a police or peace officer shall,
prior to any arrest for an offense under this section, afford the person an
opportunity to dispel any alarm which would otherwise be warranted by requesting
him to identify himself and explain his presence and conduct. 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.
B. Obstruction of highway by loitering. No person shall
obstruct any street, bridge, sidewalk or crossing by lounging or loitering
in or upon the same after being requested to move on by any police officer.
C. Obstruction of traffic by loitering. No person shall
loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks,
street crossing or bridges, or in any other public places within the Town,
in such manner as to prevent, interfere with or obstruct the ordinary free
use of the public streets, sidewalks, street crossings and bridges or other
public places by persons passing along and over the same.
D. Loitering after being requested to move. No person shall
loaf or loiter in groups or crowds upon the public streets, sidewalks or adjacent
doorways or entrances, street crossings or bridges or in any other public
place or on any private premises without invitation from the owner or occupant,
after being requested to move by any police officer or by any person in authority
at such places.
No person shall willfully injure or intentionally deface, destroy or
unlawfully remove, take or meddle with any property of any kind or nature
belonging to the Town or its departments or to any private person without
the consent of the owner or proper authority.
[Amended 10-14-1992]
A. It shall be unlawful for any person or corporation to
deposit any unwanted items or garbage on any public street, alley, or road
or private premises within the Town of Woodruff.
B. It shall be unlawful for any person or corporation to
deposit any garbage or refuse in any container which is owned, leased or rented
by another.
No person shall have or permit on any premises owned or occupied by
him any open cisterns, cesspools, wells, unused basements, excavations or
other dangerous openings. All such places shall be filled, securely covered
or fenced in such manner as to prevent injury to any person, and any cover
shall be of a design, size and weight that the same cannot be removed by small
children. Any violation of this section is a public nuisance and may be disposed
of in accordance with Ch. 823, Wis. Stats.
No person shall leave or permit to remain outside of any dwelling, building
or other structure, or within any unoccupied or abandoned building, dwelling
or other structure, under his control in a place accessible to children any
abandoned, unattended or discarded 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 without first removing such door or lid,
snap lock or other locking device from such icebox, refrigerator or container,
unless such container is displayed for sale on the premises of the owner or
his agent and is securely locked or fastened.
A. Hours.
(1) Specified. No person under 18 years of age shall loiter,
idle or remain upon any street, alley or other public place in the Town 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.
[Amended 7-12-1995]
(2) Exceptions.
(a) This section shall not apply to a child:
[1] Who is performing an errand as directed by his parent,
guardian or person having lawful custody.
[2] Who is performing an errand of urgent necessity.
[3] Who is on his own premises or in the areas immediately
adjacent thereto.
[4] Whose employment makes it necessary to be upon the streets,
alleys or public places or in any motor vehicle during such hours.
[5] Who is returning home from a supervised school, church
or civic function or going to or from places of business or amusement or private
homes.
(b) These exceptions shall not, however, permit a child to
unnecessarily loiter about the streets, alleys or public places or be in a
parked motor vehicle on the public streets.
B. Parental violation. No parent, guardian or other person
having legal custody of a child under the age of 18 years shall permit such
child to loiter, idle or remain upon any street, alley or other public place
in the Town of Woodruff 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.
[Amended 7-12-1995]
C. Responsibility of operators or hotels, motels and rooming
houses. No person operating a hotel, motel or lodging or rooming house within
the Town, or any agent, servant or employee of such person, shall permit any
child under the age of 18 years to visit, idle, wander or stroll in any portion
of such hotel, motel or lodging or rooming house 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.
D. Loitering in school and playground areas. No person not
in official attendance or on official school business shall enter into, congregate,
loiter, wander, stroll, stand or play in any school building or in or about
any playground area adjacent thereto within the Town between 8:00 a.m. and
4:00 p.m. on official school days.
E. 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
A,
C or
D 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 office for the purpose of taking the child into custody and has signed a release for him.
F. Warning. The first time a child is detained by law enforcement officers as provided in Subsection
E, the parent, guardian or person having legal custody shall be advised as to the provisions of this section, and any violation of this section occurring thereafter by this child or any other child under such adult' care or custody shall result in a penalty being imposed as provided in Subsection
G.
G. General penalty.
(1) Any parent, guardian or person having legal custody of a child described in Subsection
A,
C or
D who has been warned in the manner provided in Subsection
F and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in §
1-3 of this Code.
(2) Any child who violates this section after being detained and released under Subsection
E shall be dealt with under Ch. 48, Wis. Stats.
[Added 9-14-1994]
A. Authority. This section is enacted pursuant to power
granted by virtue of present Wisconsin Statutes, including § 125.10,
Wis. Stats., and Town powers if the electors have previously approved.
B. Restrictions. There shall be no nudity in public.
C. Definition. As used in this section, the following terms
shall have the meanings indicated:
NUDITY
The showing or exposing of the human male or female genitals, pubic
area or buttocks with less than a full opaque covering or of the female breast
with less than a fully opaque covering of any portion thereof below the top
of the nipple.
PUBLIC
Means any place of accommodation or amusement, which shall be interpreted
broadly to include, but not be limited to, places of business or recreation,
hotels, motels, resorts, restaurants, campgrounds, taverns and any place where
accommodations, amusements, goods or services are available either free or
for a consideration.
D. Contact prohibition. There shall be no contact between
a patron, owner, employee, customer or bystander with a paid or amateur dancer
during or shortly after a dance or other performance where clothing is or
has recently been removed, either by direct physical contact or the placing
of money or other things of value in the remaining clothing or body part of
said performer.
(1) This section is not to be interpreted as restricting
the proper use of a bathroom facility by a male or female in an enclosed area
where the person is of the same sex designation for such room, and is not
engaged in for any sexual or exhibitionist purpose to or in front of or adjacent
to other persons.
(2) This section is not to be interpreted to prevent activities
in rooms privately rented in a hotel, motel, resort or camper if at a campground,
if the person(s) involved rented such private facility or owns it and has
not invited or allowed members of the public, who are not immediate family
members, to be at such location.
E. Violation. Each violation of this section shall result
in a forfeiture of not less than $50. When using a citation form of enforcement,
the deposit allowed shall be $100 for a first offense or $250 for a second
or greater offense within one year, plus current court costs. Pursuant to
procedures set forth in § 125.12, Wis. Stats., or Town ordinance,
violation constitutes sufficient grounds for Board consideration of license
suspension, revocation, or nonrenewal where such violation occurred in conjunction
with or related to the activity for which the license is issued.
[Added 5-11-1999]
A. Nude dancing in licensed establishments prohibited. It
is unlawful for any person to perform or engage in, or for any licensee or
manager or agent of the licensee to permit any person, employee, entertainer
or patron to perform or engage in, any live act, demonstration, dance or exhibition
on the premises of a licensed establishment which:
(1) Shows his or her genitals, pubic area, vulva, anus, anal
cleft or cleavage with less than a fully opaque covering;
(2) Shows any portion of the female breast below a point
immediately above the top of the areola; or
(3) Shows the covered male genitals in a discernibly turgid
state.
B. Exemptions. The provisions of this section do not apply
to the following licensed establishments: theaters, performing arts centers,
civic centers, and dinner theaters where live dance, ballet, music and dramatic
performances of serious artistic merit are offered on a regular basis and
in which the predominant business or attraction is not the offering to customers
of entertainment which is intended to provide sexual stimulation or sexual
gratification to such customers and where the establishment is not distinguished
by an emphasis on, or the advertising or promotion of, employees engaging
in nude erotic dancing.
C. Definitions. For purposes of this section, the term "licensed establishment" means any establishment licensed by the Town Board of the Town of Woodruff to sell alcohol beverages pursuant to Ch.
125, Wis. Stats. The term "licensee" means the holder of a retail "Class A," "Class B," Class "B," Class "A" or "Class C" license granted by the Woodruff Town Board pursuant to Ch.
125, Wis. Stats.
D. Penalties. Any person, partnership, or corporation who
or which violates any of the provisions of this section shall be subject to
a forfeiture of not less than $100 and not more than $500 per violation. A
separate offense and violation shall be deemed committed on each day on which
a violation occurs or continues. In addition, violation of this section constitutes
sufficient grounds for suspending, revoking or not renewing an alcohol beverage
license under § 125.12, Wis. Stats.
A. Except as otherwise provided in this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in §
1-3 of this Code.
B. In addition to any penalty imposed for violation of §
367-10 of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates §
367-10 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.