Village of Greendale, WI Chapter 9 Public Peace and Good Order

[HISTORY: Adopted by the Village Board of the Village of Greendale as Ch. 9 of the Code of Ordinances. Amendments noted where applicable.]

GENERAL REFERENCES

Public nuisances — See Ch. 10.

Public health and welfare — See Ch. 11.

9.01 Offenses against state laws subject to forfeiture.

[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:

9.110.075(7)	Producing/using inspection sticker fraudulently
9.173.10	Investigation of cruelty complaints
9.173.24	Reimbursement for expenses
9.175.25	Storage of junked automobiles
9.218.0146	Motor vehicles
9.254.76	Causing fires by tobacco smoking
9.254.92	Purchase or possession of cigarettes or tobacco products by person under 18 prohibited
9.285.30	Motor vehicle emissions limitations; inspections
9.939.22	Words and phrases defined
9.940.19	Battery
9.941.01	Negligent operation of vehicle
9.941.10	Negligent handling of burning material
9.941.12	Interfering with fire fighting
9.941.13	False alarms
9.941.20	Reckless use of weapons
9.941.21	Disarming a peace officer
9.941.23	Carrying concealed weapon
9.941.24	Possession of switchblade knife
9.941.26(4)(k)	Minors possessing oleoresin of capsicum devices or containers
9.941.29	Possession of a firearm
9.941.295	Possession of electric weapon
9.941.31	Possession of explosives
9.941.327	Tampering with household products
9.943.01(1)	Criminal damage to property (less than $1,000)
9.943.012	Criminal damage to religious and other property
9.943.017	Graffiti
9.943.13	Trespass to land
9.943.14	Criminal trespass to dwellings
9.943.145	Criminal trespass to medical facility
9.943.15	Entry onto construction site or into locked building, dwelling or room
9.943.20	Theft (less than $500)
9.943.21	Fraud on hotel or restaurant keeper
9.943.225	Refusal to pay for a motor bus ride
9.943.23	Operating vehicle without owner's consent
9.943.24	Issue of worthless check
9.943.34	Receiving stolen property
9.943.37	Alteration of property identification marks
9.943.38	Forgery
9.943.41	Financial transaction card crimes (under $500)
9.943.45	Theft of telecommunications service
9.943.46	Theft of cable television service
9.943.50	Retail theft
9.944.15	Fornication
9.944.20	Lewd and lascivious behavior
9.944.21	Lewd, obscene or indecent matter, pictures and performances
9.944.23	Making lewd, obscene or indecent drawings
9.944.30	Prostitution
9.944.31	Patronizing prostitutes
9.944.32	Soliciting prostitutes
9.944.33	Pandering
9.944.34	Keeping place of prostitution
9.945.01	Definitions relating to gambling
9.945.02	Gambling
9.945.03	Commercial gambling
9.945.04	Permitting premises to be used for commercial gambling
9.946.06	Improper use of flag
9.946.40	Refusing to aid officer
9.946.41	Resisting or obstructing officer
9.946.42	Escape
9.946.44	Assisting or permitting escape
9.946.65	Obstructing justice
9.946.66	False complaints of police misconduct
9.946.70	Impersonating peace officers
9.946.72	Tampering with public records and notices
9.947.012	Unlawful use of telephone
9.947.0125	Unlawful use of computerized communication systems
9.947.013	Harassment
9.947.015	Bomb scares
9.947.04	Drinking in common carriers
9.947.06	Unlawful assemblies
9.947.07	Causing violence or breach of the peace by damaging or destroying a U.S. flag
9.948.01 to 9.948.63	Contributing to delinquency of children
9.951.01 to 9.951.18	Crimes against animals
9.961.573(1) or (2)	Possession drug paraphernalia
9.961.574(1) or (2)	Manufacture or delivery of drug paraphernalia
9.961.575(1) or (2)	Delivery of drug paraphernalia to a minor

9.02 Firearms and knives.

[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.

9.03 Throwing or shooting missiles and projectiles.

[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.

9.04 Sale and discharge of fireworks restricted.

[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.

(2) Sale. No person may sell or possess with intent to sell fireworks as defined in this section or a device listed under Subsection (1)(e) to (g) or (i) to (n), except to a person holding a permit under Subsection (3).

(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.

(b) No person may possess or use a device listed under Subsection (1)(e) to (g) or (i) to (n) within the Village, except upon private property with the owner's consent.

(c) A permit under this subsection may be issued only to the following:

1. A public authority.

2. A park board.

3. A civic organization.

(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.

(e) A permit under this subsection shall specify all of the following:

1. The name and address of the permit holder.

2. The kind and quantity of fireworks which may be purchased.

3. The date and location of permitted use.

4. Other special conditions prescribed by ordinance.

(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).

(4) Seizure of fireworks. Fireworks and devices listed under Subsection (1)(e) to (g) or (i) to (n) stored, handled, sold, possessed or used by a person who violates this section shall be seized. These items shall be destroyed after conviction for a violation or otherwise returned to the owner.

9.05 Obstructing streets and sidewalks; skateboards and play vehicles.

(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.

9.06 Noise.

[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) Definitions. As used in this section, the following terms shall have the meanings indicated:

COMMERCIAL POWER EQUIPMENT

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.

CONTINUOUS NOISE

Any noise whose level varies less than 3 dB(A) during the course of a period of at least five minutes.

CONSTRUCTION

The erection, excavation, demolition, alteration, or repair of any building or structure and/or the excavation, alteration or repair of any streets or highways.

CONSTRUCTION EQUIPMENT

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.

DECIBEL or DB

A logarithmic unit of sound intensity.

DECIBEL ON THE A-WEIGHTED NETWORK or DBA

Decibels measured on the A-weighted network of a calibrated sound level meter utilizing the A-level weighted scale and the faster meter response.

IMPULSIVE NOISE

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.

INTERMITTENT NOISE

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.

PERPETUAL NOISE

Any noise whose level varies less than 3 dB(A) during a period of at least 30 minutes.

RESIDENTIAL POWER EQUIPMENT

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.

9.07 Loitering.

(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.

3. As used in this Subsection (3)(c), "loiter" means to delay, linger or idle in or about any certain school property without a lawful purpose for being present.

4. This Subsection (3)(c) shall not apply to persons walking on a Village right-of-way.

(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.

9.08 Animals and fowl. [1]

[Amended by Ord. No. 634; 2-1-2000 by Ord. No. 771; 6-7-2005 by Ord. No. 820; 5-20-2008 by Ord. No. 840; 6-6-2017 by Ord. No. 887; 8-19-2025 by Ord. No. 983]

(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.

(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.

(g) Exception. This Subsection (2) does not apply to the extermination of rats, mice or other vermin.

(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.

(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.

7. Upon termination or expiration of the special permit the person keeping or harboring the animals shall immediately bring the property into compliance with Subsection (a) above.

(c) Except as otherwise provided herein, no person shall keep within the Village, either temporarily or permanently, any 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.

[2] Editor's Note: See Ch. 17, Zoning.

(d) Beekeeping permit required. No person shall keep bees in the Village without obtaining a permit upon approval of the Village Manager or his/her designee. The permit process requires a completed application and associated application fee as outlined in the Village Fee Schedule.

1. Application. The applicant shall file a written application, that includes all of the following:

a. A description and drawing that clearly represents the location where the hive(s) will be located on the lot, including a description and depiction of all fencing and any other structures to be used for beekeeping;

b. A description of the plan to ensure the proper maintenance and cleaning of the hive(s) and the beekeeping operation;

c. A description of the plan to ensure the proper watering of the bees.

2. Action on the application.

a. The application shall be provided to the Village Manager, who shall provide notice of the application, by regular and certified mail, to the property owner (if not the applicant) and to the owners of all properties that abut the subject property where the bees will be kept at any point.

b. If there are no written objections from such owners within 30 days from the date of mailing of the notices, the application for the permit shall be deemed accepted by such owners and the Manager shall issue the permit if the application is otherwise compliant with the Village Code.

c. If there is an objection, there shall be a public hearing before the Plan Commission and the Plan Commission shall approve the application only upon finding that these standards are met: appropriate in the location proposed, compatible with the neighborhood, not detrimental to the property values of the surrounding property and in keeping with the residential character and quality of the Village.

d. Any aggrieved party shall have the right to appeal the decision of the Plan Commission to the Village Board.

3. Beekeeping allowed. Beekeeping is allowed on a single-family residential premises located in R-1, R1-A, R-2 and R-3 Districts subject to the following:

a. No person shall acquire, keep or stock bees in the Village without first obtaining a valid beekeeping permit.

b. No more than two hives per residential lot. The hives forming the apiary structure must be located near each other to form a single apiary. A temporary third hive for hive splitting may be allowed for a reasonable period of time prior to its removal to another location.

c. All honey bees shall be kept in hives with removable frames which shall be kept in sound and usable condition.

d. A flyway barrier shall be located between the hive(s) and the property lines for all hives located within 20 feet of the property line; except that the flyway barrier is not needed for any beehive kept at least 10 feet off the ground.

e. All hives and related structures that form the apiary shall not be located in front or side yards and must not be less than 20 feet from a rear yard property line; except that all locations closer to the rear yard property line are permitted with a signed written consent of all neighbors abutting the rear property line.

f. Hives shall be located a minimum of 50 feet from any structures located on another property, including patios, porches, decks, gazebos, swimming pools and permanently affixed play equipment, unless the owner of the lot where such structure is located has provided written consent for closer hive placement.

g. A beekeeper must continually provide fresh water to bees from a source immediately within the apiary, which allows bees access to water by landing on a hard surface, to prevent bees from seeking water sources at nearby properties.

h. In the event bees in a hive repeatedly exhibit aggressive behavior, it shall be the duty of the beekeeper to remove, destroy or re-queen the hive.

i. All apiary structures and flyways must be constructed, located and maintained consistent with and in conformity to all applicable provisions of the Village Code, including, but not limited to Chapter 17 Zoning and Chapter 15 Building Code.

j. In addition to compliance with the requirements of this section, no one shall keep bees that cause any nuisance, unhealthy condition, create a public health threat or otherwise interfere with the normal use of property or enjoyment of life by humans or animals.

k. The use shall at all times be conducted pursuant to the plans and representations made in the application.

l. Nothing herein shall be interpreted to authorize the conduct of a business or commercial use on a residential property. No sales of honey, wax or other product shall be made from or in connection to a residential property.

m. Persons applying for and receiving a permit for beekeeping thereby consent to the entry of Village staff and Village agents onto the subject property upon reasonable notice of at least five days, at all reasonable times, to inspect and investigate the property, the hive(s) and the bees for the purpose of determining compliance and for enforcement of this Code.

n. Costs that the Village may incur in inspection, investigation, testing, quarantine, isolation, vaccination, humane euthanasia, or otherwise arising from the subject property owner's beekeeping, may be charged to the property owner and such charges that remain unpaid within the time allowed may be imposed on the property tax bill for the subject property as a special charge, pursuant to Wisconsin Statutes § 66.0627.

4. Public health requirements. Bees shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases.

a. Any beekeeper shall immediately report any unusual illness or death of bees to the health department.

b. The Health Department or its agents may order testing, quarantine, isolation, vaccination or humane euthanasia of bees believed to be carriers of communicable diseases.

c. The requirements of Wisconsin Statutes § 94.76, et seq. and any applicable state regulations shall be followed at all times.

5. Effect of permit. The permit shall allow the applicant to keep up to two hives on the subject property in compliance with this section. A new permit is not required for the applicant to raise new or replacement bees on the property, provided that the total shall not exceed two hives at any time. The permit is not transferable from the applicant to any other person, and does not run with the land to a new owner of the property.

6. Revocation. A permit is subject to revocation by the Village Manager, or designee, upon failure to comply with any provisions of Subsections (4)(d)3 and 4. Once a permit is revoked, a permit shall not be reissued to the applicant for that property or any other property that the applicant resides or may reside in the Village.

7. Duration. The permit shall be valid for a period of one year from July 1 through June 30 through the following year and may be renewed annually. The permit shall lapse automatically if it is not renewed.

8. Removal. The bees shall be immediately removed from the property upon lapse, revocation or expiration of the permit for keeping bees. All hives, including any bee structure or structural elements, shall be completely removed from the property within 15 days of the lapse, revocation or expiration of the permit for beekeeping.

(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.

(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.

(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.

(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.

(8) (Reserved)

(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.

(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.

(11) Definitions: As used in Section 9.08, or elsewhere in this Code, certain words and phrases shall be defined as follows:

APIARY

Colonies, hives and other equipment associated with honey bees assembled in one location for beekeeping operations; also known as the bee yard.

BEEKEEPER

A person who owns or has responsibility for one or more colonies of honey bees.

BEEKEEPING EQUIPMENT

Anything used in the operation of a honey bee apiary, such as hive bodies, honey supers, frames, top covers and/or bottom boards.

COLONY

An aggregate of honey bees in a hive consisting of a solid wall/fence, dense vegetation, or combination thereof that is parallel to the parcel line so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.

FLYWAY BARRIER

A barrier of at least six feet in height consisting of a solid wall/fence, dense vegetation, or combination thereof that is parallel to the parcel line so that all bees are forced to fly at an elevation of at least six feet above ground level over the property lines in the vicinity of the apiary.

HIVE

The structure containing a colony of honey bees.

HONEY BEE

All the stages of the common domestic honey bee, apis mellifera species. Keeping of apis mellifera scutellata is not permitted under any conditions.

SWARM

For purposes of this chapter, a swarm is a propagation or colony of honey bees outside of its hive.

[1] Editor's Note: See also Ch. 12, §§ 12.04 through 12.08.

9.09 Possession of wild animals. [1]

[Added 8-5-2025 by Ord. No. 979]

(1) Definitions.

POSSESS

Means to own, possess, keep, harbor, or exercise any care, custody, or control of an animal.

WILD ANIMAL

Has the same meaning as defined in Wis. Stats. § 169.01. Wild animals include, but are not limited to, animals belonging to any or all of the following orders and families:

(a) Class Mammalia.

1. Order Chiroptera (bats).

2. Order Artiodactyla (e.g., hippopotamuses, giraffes, camels, deer, cattle, swine, sheep, goats, alpaca, and llama).

3. Order Carnivora.

a. Family Felidae (e.g., lions, tigers, cougars, leopards, ocelots, servals), but not domestic cats.

b. Family Ursidae (e.g., bears).

c. Family Mustelidae (e.g., weasels, skunks, martens, minks, wild ferrets), but not the domestic ferret species, Mustela putorius furo.

d. Family Procyonidae (e.g., raccoons, coatis).

e. Family Hyaenidae (e.g., hyenas).

f. Family Viverridae (e.g., civets, genets).

g. Family Mephitidae (e.g., skunks).

h. Family Herpestidae (e.g., mongooses).

4. Order Edentata (e.g., anteaters, armadillos, sloths).

5. Order Marsupialia (e.g., opossums, kangaroos, wallabies), except sugar gliders.

6. Order Perissodactyla (e.g., rhinoceroses, tapirs), except domestic horses and donkeys.

7. Order Primates (e.g., lemurs, monkeys, chimpanzees, gorillas), except humans.

8. Order Proboscidea (e.g., elephants).

9. Order Rodentia (e.g., squirrels, beavers, porcupines, prairie dogs), but not guinea pigs, rats, mice, gerbils, and hamsters.

(b) Class Reptilia.

1. Order Squamata.

a. Family Helodermatidae (e.g., Gila monsters and Mexican beaded lizards).

b. Family Varanidae (e.g., monitor lizard).

c. Family Elapidae (e.g., coral snakes, cobras, mambas).

d. Family Viperidae (e.g., copperheads, cottonmouths, rattlesnakes).

e. Subfamily Atractaspidinae (e.g., burrowing asps).

2. Order Crocodilia (e.g., crocodiles, alligators, caimans, gavials).

3. Any constricting snake greater than four feet in length or 20 pounds in weight.

4. Any venomous snake.

(c) Class Aves.

1. Order Falconiformes (e.g., eagles, hawks, vultures).

2. Order Rheiformes (e.g., rheas).

3. Order Struthioniformes (e.g., ostriches).

4. Order Casuariiformes (e.g., cassowaries and emus).

5. Order Strigiformes (e.g., owls).

6. Order Galliformes (e.g., turkeys, chickens).

7. Order Anseriformes (e.g., ducks, geese).

(d) Class Arachnida.

1. Order Scorpiones.

2. Any of the following members of Order Araneae, Family Therididae:

a. Argentina red widow spider: Latrodectus coralinus.

b. Brown widow spider: Latrodectus geometricus.

c. Red-black widow: Latrodectus hasselti.

d. Red widow spider: Latrodectus bishop.

e. Black widow spider: Latrodectus mactans.

f. Western widow: Latrodectus Hesperus.

3. Brown recluse spider: Loxosceles reclusa.

(e) Class Chilopoda.

1. Any of the following members of Order Scolopendromorpha, Family Scolopendridae:

a. Amazon giant banded centipede: Scolopendra giganea.

b. Arizona tiger centipede: Scolopendra viridis.

c. Florida Keys centipede: Scolopendra alternans.

2. Any other venomous chilopoda that is not native to Wisconsin.

(f) Any species of the class Insecta that is not native to Wisconsin.

(g) Any federal or state endangered or threatened species.

(2) Purpose. The purpose of this section is to ensure the safety of residents, protect property, promote animal welfare, and prevent the spread of infectious diseases by regulating the possession, care, and control of wild animals within the Village of Greendale.

(3) Possession of wild animals prohibited. No person shall possess a wild animal unless one of the exceptions in Subsection (3) of this section applies.

(a) Exceptions. This subsection shall not apply to wild animals being kept or harbored on property by persons who are temporarily exhibiting wild animals in the municipality pursuant to a valid license issued by the state of Wisconsin under Chapter 169, Wisconsin Statutes, institutions accredited by the American Zoo and Aquarium Association, veterinarians who possess a valid license from the state of Wisconsin under Chapter 453, Wisconsin Statutes, state licensed veterinary hospitals or clinics, state licensed circuses, state licensed or accredited research or medical institutions, state licensed or accredited educational institutions, an animal certified as having been specially trained to assist an individual with a disability, any government-owned or government-operated facility, volunteers working on behalf of a government-owned or government-operated facility, a person with a valid federal permit to possess a particular wild animal, or a person temporarily transporting a wild animal through the city if the transit time is not more than 24 hours and the wild animal is at all times maintained within a confinement sufficient to prevent the wild animal from escaping.

(b) Registration. Any person that meets the exceptions listed in Subsection (3)(a) of this section shall register each wild animal that he/she possesses within the municipality with the police department. The registration information shall include: the type of wild animal; a description of the wild animal, including size, color, and name of the animal; and the name and address of the wild animal's owner or custodian.

(c) Escape.

1. If a wild animal escapes the possession of a person, the person shall notify the police department immediately of the following information: the type of wild animal; a description of the wild animal, including size, color, and name of the animal; the nature of how the wild animal escaped; the name and address of the wild animal's owner or custodian; and the location and time where the wild animal was last observed. If the wild animal returns to the possession of a person after notification to the Greendale police department, the person shall notify the police department immediately that the wild animal has returned to the person's possession.

2. Costs. Upon the escape of a wild animal, any person possessing such wild animal shall be responsible for the costs of the seizure, detention, and disposal of the wild animal and any city response to the report of escape.

3. Prohibition against release. No person may permit a wild animal to run at large. Any wild animal running at large shall be subject to seizure, detention, and disposal.

(4) Possession of wild animals prohibited. Any person who shall violate these provisions shall be subject to the penalties as stated in § 9.100.

[1] Editor's Note: Original § 9.09 was repealed by Ord. No. 640.

9.10 (Reserved) [1]

[1] Editor's Note: Original § 9.10, Littering prohibited, was deleted at time of adoption of Code (see Code Adoption Ordinance). See now Ch. 11, § 11.08, Littering.

9.11 Obedience to officers.

(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.

9.12 Open cisterns, wells, basements 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 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.

9.13 Abandoned or unattended refrigerators and containers.

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.

9.14 Curfew.

[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) Definitions. As used in this section, the following terms shall have the meanings indicated:

ESTABLISHMENT

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.

PUBLIC PLACE

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).

(6) General penalty.

(a) Any parent, guardian or person having legal custody of a child described in Subsection (1), (2) or (3) who has been warned in the manner provided in Subsection (5) and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in § 25.04 of this Code.

(b) Any child who violates this section after being detained and released under Subsection (4) shall be dealt with under Ch. 48, Wis. Stats.

9.15 Unlawful assemblies; Village Hall property.

(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.

9.16 Residential picketing.

(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]

9.17 Distribution of printed advertising material.

(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.

9.18 Trespass.

[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.

9.19 Toxic glue.

(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.

9.20 Harmful substances.

(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.

9.21 Smoking, vapor products, electronic nicotine delivery systems (ENDS), and e-liquid.

[Amended by Ord. No. 580; Ord. No. 650; Ord. No. 733; 1-16-2001 Ord. No. 777; 8-1-2023 by Ord. No. 952]

(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.

(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.

(5) Electronic vaping devices.

[Amended 3-19-2024 by Ord. No. 957]

(a) As used in this section, "electronic vaping device" shall be defined consistent with § 134.65(1a)(b): a device that may be used to deliver any aerosolized or vaporized liquid or other substance for inhalation, regardless of whether the liquid or other substance contains nicotine, including an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. "Electronic vaping device" includes a component, part or accessory of the device, and includes a liquid or other substance that may be aerosolized or vaporized by such device, regardless of whether the liquid or other substance contains nicotine. "Electronic vaping device" does not include a battery or battery charger when sold separately. "Electronic vaping device" does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.[1]

[1] Editor's Note: See 21 U.S.C. § 301 et seq.

(b) The provisions of this chapter shall be applicable to electronic vaping devices as defined above.

(6) No person may use any electronic vaping device in any Village buildings, facilities, or vehicles. "Buildings" shall include all that area enclosed within the outermost entry doors.

[Amended 3-19-2024 by Ord. No. 957]

(7) Use of electronic vaping devices on school grounds.

[Amended 3-19-2024 by Ord. No. 957]

(a) No person under the age established by the laws of the State of Wisconsin allowed to possess any cigarette, tobacco, or electronic vaping device may possess any cigarette, tobacco, or electronic vaping device at any time inside any building owned, leased or used by a public school in the Village.

(b) No person may smoke, light, ingest, chew, inhale or otherwise use any cigarette, tobacco or electronic vaping device or smoke from a cigarette or tobacco product, or use any electronic vaping device at any time, inside any building owned, leased or used by a public school in the Village.

(c) No person, regardless of age, may smoke, light, ingest, chew, inhale or otherwise use any cigarette, tobacco product or electronic vaping device, smoke from a cigarette or tobacco product or use any electronic vaping device on land owned, leased, or used by a public school in the Village on any day.

(d) No person may smoke, light, ingest, chew, inhale or otherwise use any cigarette, tobacco product or electronic vaping device while attending a function or event at a school, or while attending a function or event on public school grounds in the Village.

9.22 Regulation of intoxicants. [1]

(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] Editor's Note: See also Ch. 12, § 12.03, Intoxicating liquor and fermented malt beverages.

9.23 Abandoned property.

(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.

9.24 Possession of marijuana.

[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.

9.25 Truancy.

[Added by Ord. No. 651; amended 12-15-1998 by Ord. No. 762]

(1) Definitions. For the purposes of this section, the following terms shall have the meaning indicated:

ACCEPTABLE EXCUSE

The meaning as defined in §§ 118.15 and 118.16(4), Wis. Stats.

ACT OF COMMISSION OR OMISSION

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.

HABITUAL 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.

TRUANT

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.

9.26 Dropout.

[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.

9.27 Fair housing.

[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) Definitions. As used in this section, the following terms shall have the meaning indicated:

COMPLAINANT

Any person who files a complaint.

DISCRIMINATE or DISCRIMINATION

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.

HOUSING

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.

9.28 Unlawful use of 911 emergency telephone number.

[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:

(a) Bodily harm or life-threatening illness or condition;

(b) Property damage or loss; or

(c) Any other situation which mandates the immediate attention of public safety personnel.

9.29 Lodging in public areas and parks.

[Added 8-19-1997 by Ord. No. 748]

(1) No person shall lodge in any Village park, public area or other right-of-way within the Village of Greendale.

(2) "Lodge" shall be defined to mean sleeping, abiding or habituating.

9.30 Obstructing justice.

[Added 11-7-2006 by Ord. No. 832]

(1) No person shall give false information to any officer of the Municipal Court with intent to influence the officer in the performance of his duty.

(2) "Officer of the Municipal Court" includes the Judge, bailiffs, court officers, Court Clerk, Village Prosecutor and Village Attorney.

9.50 Parties to violation.

[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.

9.51 Disorderly conduct.

[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.

[1] Editor's Note: This ordinance also renumbered former § 9.51 as § 9.100.

9.52 Application and sale of local tar sealant products.

[Added 12-18-2018 by Ord. No. 901]

(1) Definitions. As used in this section, the following terms shall have the meanings indicated:

COAL TAR

A by-product of the process used to refine coal. Coal tar contains high levels of polycyclic aromatic hydrocarbons (PAHs).

COAL TAR SEALANT PRODUCT

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.

HIGH-PAH SEALANT PRODUCT

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.

PAVEMENT SEALANT PRODUCT or SEALCOAT

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.

POLYCYCLIC AROMATIC HYDROCARBONS (PAHs)

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.

(2) Enforcement.

(a) Violations of this section will be enforced by the Village of Greendale.

(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.

9.100 Violations and penalties.

[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.