Village of Waterford, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Waterford as §§ 9.01, 9.02, 9.03, 9.07, 9.085, 9.10 and 9.20 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 87.
Carriage services — See Ch. 109.
Dances and dance halls — See Ch. 115.
Direct sellers — See Ch. 120.
Firearms and explosives — See Ch. 131.
Intoxicating liquor and fermented malt beverages — See Ch. 148.
Minors — See Ch. 159.
Nuisances — See Ch. 165.
Traffic and parking — See Ch. 207.

§ 174-1 Offenses against state laws subject to forfeiture.

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 municipality, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, Article II, of this Municipal Code:
Citation
Subject
110.075(7)
Producing/using inspection sticker fraudulently
134.06
Motor vehicles sales/bonus to chauffeur prohibited
175.25
Illegal storage of junked vehicles
218.0146
Used cars/prohibited acts
218.0147
Motor vehicles/sale to minor
254.76
Causing fires by tobacco smoking
285.30(2)
Pollution by motor vehicle/failure to repair
287.81
Littering
346.935
Drinking in motor vehicles on highway
939.05
Aiding and abetting
939.22
Words and phrases defined
940.19(1)
Battery
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
943.01(1)
Damage to property
943.017(1)
Graffiti
[Added 4-24-2000 by Ord. No. 397]
943.11
Entry into locked vehicle
[Added 4-24-2000 by Ord. No. 397]
943.125
Entry into locked coin box
[Added 4-24-2000 by Ord. No. 397]
943.13
Trespass to land
943.14
Criminal trespass to dwellings
943.145
Criminal trespass to medical facility
[Added 4-24-2000 by Ord. No. 397]
943.15
Entry onto a construction site or into a locked building, dwelling or room
[Added 4-24-2000 by Ord. No. 397]
943.20
Theft (value under $1,000)
943.22
Use of cheating tokens
[Added 4-24-2000 by Ord. No. 397]
943.24(1)
Issue of worthless checks
943.50
Retail theft (value under $1,000)
943.55
Removal of shopping cart
[Added 4-24-2000 by Ord. No. 397]
943.61
Theft of library material (value under $1,000)
[Added 4-24-2000 by Ord. No. 397]
944.15
Fornication
944.20
Lewd and lascivious behavior
944.23
Making lewd, obscene or indecent drawings
944.30
Prostitution
944.31
Patronizing prostitutes
944.33(1)
Pandering
945.01
Definitions (relating to gambling)
945.02
Gambling
945.04
Permitting premises to be used for commercial gambling
946.40
Refusing to aid officer
946.41
Resisting or obstructing officer
946.42(1) and (2)
Escape
946.70
Impersonating peace officers
946.72(2)
Tampering with public records and notices
947.01
Disorderly conduct
947.06
Unlawful assemblies and their suppression
947.011
Disrupting a funeral or memorial service
[Added 2-25-2008 by Ord. 525]
947.012
Unlawful use of telephone
[Added 2-25-2008 by Ord. 525]
947.0125
Unlawful use of computerized communication systems
[Added 2-25-2008 by Ord. 525]
948.51
Hazing
ch. 951
Crimes against animals
[Amended 1-23-2006 by Ord. No. 490]
961.41
Possession of marijuana; prohibited acts — penalties
961.571
Definitions
[Added 6-12-2006 by Ord. No. 499]
961.572
Determination
[Added 6-12-2006 by Ord. No. 499]
961.573
Possession of drug paraphernalia
[Added 6-12-2006 by Ord. No. 499]
961.574
Manufacture or delivery of drug paraphernalia
[Added 6-12-2006 by Ord. No. 499]
961.575
Delivery of drug paraphernalia to a minor
[Added 6-12-2006 by Ord. No. 499]

§ 174-2 Aiding escape of prisoner prohibited.

No person shall assist, aid or abet any person in the custody of any police or peace officer to escape from such custody.

§ 174-3 Interference with Village officials prohibited.

No person shall, without reasonable excuse or justification, resist or interfere with any officer of the Village while such officer is doing any act in his official capacity and with lawful authority.

§ 174-4 Power machinery safety precautions.

No person shall leave unattended in the Village any power machinery or equipment operated by hydraulic, air, mechanical or hand power if any moving or movable part is in a raised or extended position without having a safety lock attached to avoid the accidental falling or lowering of such part.

§ 174-5 Harassment prohibited.

[Added 7-14-2003 by Ord. No. 435]
A. 
State statute adopted. Wis. Stats. § 947.013(1m) is adopted and further broadened as set forth herein,
B. 
Definition. As used in this section, the following term shall have the meaning indicated:
COURSE OF CONDUCT
A pattern of conduct composed of a series of acts (consisting of at least two acts) over a period of time, however short, evidencing a continuity of purpose.
C. 
Harassment prohibited. No person, with intent to harass or intimidate another person, may:
(1) 
Strike, shove, kick or otherwise subject the person to physical contact or attempt or threaten to do the same; or
(2) 
Engage in a course of conduct or repeatedly commit acts which harass or intimidate the person and which serve no legitimate purpose. Such course of conduct or repeated acts may consist of conduct which is solely verbal, solely physical, or a combination of both.

§ 174-6 Drinking in public.

No person shall have, obtain, seek to obtain or consume any intoxicating liquor or fermented malt beverage on any sidewalk, street or other public way.

§ 174-7 Operating motor vehicle so as to disturb peace; disorderly conduct with motor vehicle.

[Added 1-23-2006 by Ord. No. 489]
A. 
No operator of any motor vehicle shall cause, by excessive and unnecessary acceleration, the tires of such vehicle to spin and emit loud noises or to unnecessarily throw stones or gravel, nor shall such operator cause to be made by excessive and unnecessary acceleration any loud noise such as would disturb the public peace.
B. 
No operator of any motor vehicle shall operate a vehicle in a manner which demonstrates carelessness or indifference to the person or property of the operator or of others, or in a manner which is careless, unsafe, boisterous, raucous, unreasonably loud or otherwise disorderly.

§ 174-7.1 Skateboarding.

[Added 11-12-2007 by Ord. No. 521]
It shall be unlawful for any person to operate or ride a skateboard in the following places:
A. 
On any public property where signs are posted prohibiting such use.
B. 
On private property (open to the public) where signs are posted prohibiting such use, unless written permission has been given by the owner, lessee or person in charge of the property.

§ 174-7.2 Residency and loitering restrictions for sex offenders.

[Added 8-8-2016 by Ord. No. 639]
A. 
Findings and intent.
(1) 
The Village Board finds that repeat sex offenders, sex offenders who use physical violence and sex offenders who prey on children are sex predators who present an extreme threat to the public safety. Sex offenders are extremely likely to use physical violence and to repeat their offenses, and most sex offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sex offender victimization to society at large, while incalculable, clearly exorbitant.
(2) 
It is not the intent of the Village Board to punish sex offenders, but rather to serve the Village's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the Village by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sex offenders and sex predators are prohibited from establishing temporary or permanent residence.
(3) 
Due to the high rate of recidivism for sex offenders, and because reducing both opportunity and temptation would help minimize the risk of reoffense, there is a compelling need to protect children where they congregate or play in public places.
B. 
Definitions. In the interpretation and enforcement of this article, the following definitions apply:
CHILD
A person under the age of 18 years.
(1) 
Any person who is required to register under Wis. Stats. § 301.45 for any offense against a child, or any person who is required to register under Wis. Stats. § 301.45 and who is subject to the special bulletin notification process set forth in Wis. Stats. § 301.46(2) and (2m).
(2) 
Any person subject to the sex crimes commitment provisions of Wis. Stats. § 975.06.
(3) 
Any person found not guilty by reason of disease or mental defect placed on lifetime supervision under Wis. Stats. § 971.17(1j).
MINOR
A person under the age of 18 years.
RESIDENCE (RESIDE)
A place where a person sleeps, which may include more than one location and may be mobile or transitory.
C. 
Residency restrictions.
(1) 
Restrictions.
(a) 
A designated sex offender shall not establish a residence or reside within 1,500 feet of any licensed or certified child-care center as defined in Wis. Stats. §§ 48.65 or 48.651, or any school, recreational trail, playground, park, public library, or any other place designated by the Village as a place where children are known to gather, unless a greater restriction is required as set forth in Subsection C(1)(b).
(b) 
The provisions of Wis. Stats. § 980.08 are adopted for persons subject thereto.
(2) 
Map of restricted locations. The Village Clerk shall maintain an official map showing prohibited locations set forth in Subsection C(1)(a). The Village Clerk shall update the map at least annually to reflect any changes in the location of prohibited locations. These shall be designated on the map as child safety zones.
(3) 
Measurement of distance. For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the residence to the nearest outer property line of the prohibited location set forth in Subsection C(1).
D. 
Residency restriction exceptions. A sex offender residing within a prohibited area as described in Subsection C does not commit a violation of this article if any of the following apply:
(1) 
The person established a permanent residence or temporary residence and reported and registered the residence pursuant to Wis. Stats. § 301.45 before the effective day of this article.
(2) 
The person was under 17 years of age and not required to register under Wis. Stats. § 301.45 or § 301.46.
(3) 
The school, recreational trail, playground, park, library or licensed or certified child-care center where children regularly gather within 1,500 feet of the person's permanent residence or temporary residence was opened after the person established the residence and reported and registered the residence pursuant to Wis. Stats. § 301.45.
(4) 
The residence is also the primary residence of the person's spouse, parents, grandparents, legal guardian if the person is a minor, siblings or children, provided that the spouse, parents, grandparents, legal guardian, siblings or children established the residence at least two years before the designated sex offender established residence at the location.
E. 
Original domicile restriction. In addition to the restrictions of Subsection C, but subject to the provisions of Subsection D, no person who has been convicted of a sexually violent offense or a crime against a child shall be permitted to reside in the Village, unless said person was domiciled in the Village at the time of the offense resulting in the person's most recent conviction for committing the sexually violent offense or crime against a child.
F. 
Loitering.
(1) 
It shall be unlawful for any person defined as a designated sex offender in Subsection B to loiter or prowl in any location specified in Subsection C(1)(a) 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 actor takes flight upon appearance of a law enforcement officer, refuses to identify himself or herself or manifestly endeavors to conceal himself or herself or any object. Unless flight by the actor or other circumstances makes it impractical, a law enforcement officer shall, prior to any arrest for an offense under this article, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify himself or herself or explain his or her presence and conduct at the aforementioned location. No person shall be convicted of an offense under this article if the law enforcement officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the law enforcement officer at the time, would have dispelled the alarm.
(2) 
Exceptions. The prohibitions set forth in Subsection F(1) shall not apply where the actor was with his or her parent, or other adult person having his or her care, custody or control, or the actor was exercising First Amendment rights protected by the United States Constitution, including freedom of speech, free exercise of religion and the right of assembly.
G. 
Violations and penalties. See the general penalty provisions set forth under Chapter 1 of this Municipal Code. Each day a violation continues shall constitute a separate offense. In addition:
(1) 
A person who violates any provision of Subsection C shall be subject to a forfeiture of not less than $500 and no more than $1,000 for each violation.
(2) 
Any person violating Subsection F shall forfeit not less than $1,000 and no more than $2,000 for each violation.
(3) 
In addition, the Village may undertake all other legal and equitable remedies available.
H. 
Severability. The provisions of this article shall be deemed severable, and it is expressly declared that the Village Board would have passed the other provisions of this article irrespective of whether or not one or more provisions may be declared invalid. If any provision of this article or the application to any person or circumstance is held invalid, the remainder of the section or the application of such other provisions to other persons or circumstances shall not be affected.

§ 174-8 Violations and penalties.

Any person who shall violate any provision of this chapter, or any regulation, rule or order made hereunder, shall be subject to a penalty as provided in Chapter 1, Article II, of this Municipal Code.