Town of Winneconne, WI Chapter 237 Peace and Good Order

[HISTORY: Adopted by the Town Board of the Town of Winneconne 10-20-1994 as §§ 9.01 to 9.03, 9.05 to 9.12 and 9.15 of the 1994 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Animals — See Ch. 112.

Nuisances — See Ch. 219.

§ 237-1 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 Town, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, § 1-4 of this Code:

§ 134.71	Violations by secondhand dealers
§ 173.10	Crimes against animals
§ 175.25	Illegal storage of junked vehicles
§ 218.0146	Used cars/prohibited acts
§ 218.0147	Purchase or lease of motor vehicle by minor
§ 254.76	Causing fires by tobacco smoking
§ 285.30	Pollution by motor vehicle/tampering with pollution control system
§ 939.05	Parties to crime
§ 939.22	Words and phrases defined
§ 939.32	Attempt
§ 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)	Reckless use of weapons
§ 941.23	Carrying concealed weapon
§ 941.24	Possession of switchblade knife
§ 943.01(1)	Criminal damage to property (less than $1,000)
§ 943.07(1), (2) and (3)	Criminal damage to railroad
§ 943.07(4)	Intentionally depositing debris on railroad
§ 943.11	Entry into locked vehicle
§ 943.125	Entry into locked coin box
§ 943.13	Trespass to land
§ 943.14	Criminal trespass to dwelling
§ 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)	Operate auto without owner's consent
§ 943.24	Issue of worthless checks (less than $500)
§ 943.34(1)	Receiving stolen property, value less than $500
§ 943.37	Alteration of property identification marks
§ 943.41(2), (3)(a) to (d) or (4)(b)	Credit card crimes, value less than $500
§ 943.50	Retail theft (shoplifting)
§ 944.15	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 flag
§ 946.32	False swearing
§ 946.40	Refusing to aid officer
§ 946.41	Resisting or obstructing officer
§ 946.42(1)	Escape
§ 946.69	Falsely assuming to act as a public officer
§ 946.70	Impersonating peace officer
§ 946.72(2)	Tampering with public records and notices
§ 947.01	Disorderly conduct
§ 947.012	Unlawful use of telephone
§ 947.06	Unlawful assemblies
§ 948.11	Exposing a child to harmful material or harmful descriptions or narrations
§ 948.63	Receiving property from a child
§ 948.60	Possession of a dangerous weapon by a person under 18
§ 951.01	Definitions
§ 961.41(3g)(e)	Possession of marijuana
§ 961.41(4)(bm)	Unlawful manufacture/delivery of controlled substance

§ 237-2 Firearms.

A. No person shall fire or discharge any firearm within 200 yards of any dwelling in the Town.

B. No firearm, whether rifle, shotgun, pistol or other type of firearm, shall be discharged from within the limits of any highway in the Town, and no firearm shall be discharged from any place so that the projectile or projectiles, whether bullets, slugs, pellets, BB's or otherwise, traverse or cross any portion of any public highway within the Town.

§ 237-3 Trespassing.

A. No person shall do any of the following acts:

(1) Enter any enclosed or cultivated land of another with intent to catch or kill any birds, animals or fish on such land or gather any products of the soil without the express or implied consent of the owner or occupant to engage in any of those activities.

(2) Enter or remain on any land of another after having been notified by the owner or occupant not to enter or remain on such premises.

(3) Hunt, shoot, fish or gather any product of the soil on the premises of another or enter such premises with intent to do any of the foregoing after having been notified by the owner or occupant not to do so.

B. A person has received notice from the owner or occupant within the meaning of this section if he has been notified personally, either orally or in writing, or if the land is posted. For land to be posted, a sign of at least 11 square inches must be placed in at least two conspicuous places for every 40 acres to be protected. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as herein provided were erected or in existence upon the premises to be protected within six months prior to the event complained of shall be prima facie proof that the premises to be protected was posted as herein provided.

C. Whoever erects on the land of another signs which are the same as or similar to those described in Subsection B without obtaining the express consent of the lawful occupant of or holder of legal title to such land may be subject to a forfeiture as provided in Subsection E.

D. Any authorized occupant of employer-provided housing shall have the right to decide who may enter, confer and visit with him in the housing area he occupies.

E. Any person who shall violate any provision of this section shall, upon proof and conviction thereof, forfeit not less than $50 nor more than $500, together with the costs of prosecution, and in default of the forfeiture and costs of prosecution or either of them such convicted person shall be committed to and confined within the county jail until such fine and costs of prosecution are paid, but not to exceed 60 days.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 237-4 Throwing or shooting of arrows, stones and other missiles.

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.

§ 237-5 Sale and discharge of fireworks. [1]

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.

[1] Editor's Note: See also Ch. 165, Fire Prevention, § 165-2C(3).

§ 237-6 Obstructing streets and sidewalks.

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.

§ 237-7 Loud and unnecessary noise.

No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley, park or any private residence.

§ 237-8 Destruction of property.

No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property belonging to the Town or its departments or to any person without the consent of the owner or proper authority.

§ 237-9 Littering.

No person shall throw any glass, garbage, rubbish, waste, slop, dirty water or noxious liquid or other litter or unwholesome substance upon the streets, alleys, highways, public parks or other property of the Town or upon any private property not owned by him or upon the surface of any body of water within the Town.

§ 237-10 Open cisterns, wells or other dangerous excavations.

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.

§ 237-11 Abandoned or unattended refrigerators.

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.

§ 237-12 Violations and penalties.

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 Chapter 1, § 1-4 of this General Code.

B. In addition to any penalty imposed for violation of § 237-8 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 of any unemancipated minor child who violates § 237-8 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.