Town of Grand Chute, WI
Outagamie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Grand Chute 1-7-1997 as §§ 7.01 to 7.06, 7.08, 7.09, 7.11, 7.13 to 7.15, 7.18, 7.22, 7.23 and 7.25 of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 190.
Animals — See Ch. 197.
Cigarettes and tobacco products — See Ch. 241.
Dances and dance halls — See Ch. 252.
Fireworks — See Ch. 295.
Intoxicating liquor and fermented malt beverages — See Ch. 335.
Nuisances — See Ch. 398.
Special events — See Ch. 456.
Vehicles and traffic — See Ch. 515.
A. 
This chapter is titled the "Town of Grand Chute Public Safety/Public Order Ordinance." The Town Board has the specific statutory authority, pursuant to § 60.23(23), Wis. Stats., to regulate, control, prevent and enforce against in the Town of Grand Chute certain uses, activities, businesses and operations by persons that may affect public safety and public order in the Town of Grand Chute.
B. 
The Town Board has, by adoption of this chapter, confirmed the specific statutory authority, powers and duties noted in the specific sections of this chapter and has established by these sections and this chapter the regulations, controls and enforcement against certain uses, activities, businesses and operations by persons that may affect the public safety and public order in the Town of Grand Chute.
[Amended 11-16-2010 by Ord. No. 2010-19; 11-16-2010 by Ord. No. 2010-20; 12-20-2011 by Ord. No. 2011-30]
A. 
No person shall commit the following offenses in the Town of Grand Chute (herein noted as Town of Grand Chute ordinance violations) that are hereby adopted by reference in this chapter. These statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Town. Prosecutions of such offenses under this chapter shall be as provided in §§ 60.23 and 66.0107, Wis. Stats., and the below-noted sections, but the penalties for violations of these sections shall be limited as noted in Subsection B of this section.
[Amended 12-4-2012 by Ord. No. 2012-18]
940.19(1)
Battery; substantial battery; aggravated battery
941.10
Negligent handling of burning material
941.20
Endangering safety by use of dangerous weapons
941.23
Carrying concealed weapon
941.235
Carrying firearm in public building
941.24
Possession of switchblade knife
941.35
Emergency telephone calls
941.36
Fraudulent tapping of electrical wires or gas or water meters or pipes
941.37
Obstructing emergency or rescue personnel
943.01
Damage to property
943.11
Entry into locked vehicle
943.125
Entry into locked coin box
943.13
Criminal trespass to land
943.14
Criminal trespass to dwellings
943.15
Entry onto a construction site or into a locked building, dwelling or room
943.20
Theft
943.21
Fraud on hotel or restaurant keeper
943.22
Use of cheating tokens
943.23
Operating vehicle without owner's consent
943.34
Receiving stolen property
943.37
Alteration of property identification marks
943.46
Theft of video service
943.50
Retail theft
944.20
Lewd and lascivious behavior
944.23
Making lewd, obscene or indecent drawings
944.30
Prostitution
944.31
Patronizing prostitutes
944.32
Soliciting prostitutes
944.33
Pandering
944.34
Keeping place of prostitution
944.36
Solicitation of drinks
946.40
Refusing to aid officer
946.41
Resisting or obstructing officer
946.42
Escape
946.65
Obstructing justice
946.69
Falsely assuming to act as public officer or employee or utility employee
946.70
Impersonating peace officers
946.72
Tampering with public records and notices
947.01
Disorderly conduct
947.012
Unlawful use of telephone
947.0125
Unlawful use of computerized communication systems
947.013
Harassment
947.015
Bomb scares
947.02
Vagrancy
947.06
Unlawful assemblies and their suppression
948.10
Exposing genitals or pubic area
948.11
Exposing a child to harmful materials
948.40
Contributing to the delinquency of a child
948.51
Hazing
961.573
Possession of drug paraphernalia
961.574
Manufacture or delivery of drug paraphernalia
961.575
Delivery of drug paraphernalia to a minor
B. 
Consistent with the provisions of the above-referenced statutes and § 939.52, Wis. Stats., forfeitures are classified into the following categories: Class A forfeiture, Class B forfeiture, Class C forfeiture, Class D forfeiture, and Class E forfeiture. Penalties for these forfeitures are as prescribed in the Uniform Forfeiture and Bond Schedules.
[Amended 12-20-2005; 2-19-2009 by Ord. No. 2009-08; 9-1-2009 by Ord. No. 2009-14; 12-20-2011 by Ord. No. 2011-30; 12-20-2011 by Ord. No. 2011-38; 2-20-2014 by Ord. No. 2014-06]
A. 
Purpose. This section is adopted to protect the health, safety and welfare of persons within the municipal boundaries of the Town of Grand Chute and to protect the safety of residential, commercial and industrial buildings located within the municipal boundaries of the Town of Grand Chute.
B. 
Definitions. For the purpose of this chapter, unless otherwise expressly stated, the following words and phrases shall have the meanings respectively ascribed to them by this section:
BUILDING
A permanent structure used for human occupancy and including a manufactured home, as defined in § 101.91(2), Wis. Stats.
PARTIALLY RESTRICTED AREA
All areas of the Town of Grand Chute lying outside the boundaries of U.S. Highway 41 except the area described as West Capitol Drive extended westerly to Mayflower Drive, then southerly along Mayflower Drive extending beyond its terminus to the southern boundary of the Town of Grand Chute and all Town publicly owned land.
PROHIBITED AREA
All areas of the Town of Grand Chute lying within the boundaries of U.S. Highway 41, the area lying outside the boundaries of U.S. Highway 41 described as West Capitol Drive extended westerly to Mayflower Drive, then southerly along Mayflower Drive extending beyond its terminus to the southern boundary of the Town of Grand Chute, and all Town publicly owned land.
C. 
Total prohibition. No person except a peace officer, as defined in § 939.22, Wis. Stats., shall fire or discharge any firearm (defined without limitation as a rifle, muzzle loader, pistol and/or shotgun), slingshot, or pellet or BB gun, nor utilize such weapons for the practice of hunting, as defined in § 29.001, Wis. Stats., within the area of the Town of Grand Chute defined and described as prohibited in Subsection B, above. No person except a peace officer, as defined in § 939.22, Wis. Stats., shall fire or discharge any bow and arrow or crossbow within the area of the Town of Grand Chute defined and described as prohibited in Subsection B, above, except in the practice of hunting, as defined in § 29.001, Wis. Stats. The firing or discharge of any bow and arrow or crossbow in the practice of hunting in the area of the Town of Grand Chute defined and described as prohibited in Subsection B, above, shall be restricted as follows:
(1) 
No person shall hunt with a bow and arrow or crossbow within a distance of 100 yards from a building located on another person's land. This restriction shall not apply if the person who owns the land on which the building is located allows the hunter to hunt with a bow and arrow or crossbow within the specified distance of the building.
(2) 
A person who hunts with a bow and arrow or crossbow shall discharge the arrow or bolt from the respective weapon toward the ground.
(3) 
No person shall discharge any arrow or bolt from any bow or crossbow where the arrow or bolt may endanger the life, limb or property of another or will traverse any part of a street, alley, public grounds or parks.
(4) 
No person shall fire, discharge, or utilize for hunting any bow and arrow or crossbow within 50 feet of the center of any Town street, county road or state highway.
D. 
Partial restriction. No person except a peace officer, as defined in § 939.22, Wis. Stats., shall fire or discharge any rifle or pistol (regardless of caliber), nor utilize such weapons for the practice of hunting, as defined in § 29.001, Wis. Stats., within the area of the Town of Grand Chute defined and described as partially restricted in Subsection B, above. The firing or discharge of shotguns, muzzle loaders, bow and arrow, crossbow, slingshot, or pellet or BB gun, or utilization of such weapons for the practice of hunting, as defined in § 29.001, Wis. Stats., within the area of the Town of Grand Chute defined and described as partially restricted in Subsection B, above, by persons other than peace officers, shall be restricted as follows:
(1) 
No person shall fire, discharge, or utilize for hunting any shotgun, muzzle loaders, bow and arrow, crossbow, slingshot, or pellet or BB gun within a distance of 100 yards from a building located on another person's land. This restriction shall not apply if the person who owns the land on which the building is located allows the person to fire, discharge, or utilize for hunting any shotgun, muzzle loaders, slingshot, or pellet or BB gun within the specified distance of the building.
(2) 
A person who hunts with a bow and arrow or crossbow shall discharge the arrow or bolt from the respective weapon toward the ground.
(3) 
No person shall discharge any shotgun, muzzle loaders, slingshot, pellet or BB gun or arrow or bolt from any bow or crossbow where the discharged projectile may endanger the life, limb or property of another or will traverse any part of a street, alley, public grounds or parks.
(4) 
No person shall fire, discharge, or utilize for hunting any shotgun, muzzle loaders, bow and arrow, crossbow, slingshot, or pellet or BB gun within 50 feet of the center of any Town street, county road or state highway.
E. 
Any landowner within the area of the Town of Grand Chute defined and described as prohibited or partially restricted in Subsection B, above, may prohibit trespassing or hunting upon his or her private property, pursuant to the provisions of Wisconsin state law.
F. 
Nothing in this section shall prevent the maintenance and operation of duly supervised rifle, pistol, and archery ranges as authorized by the Town Board by written permit. Any such duly authorized rifle, pistol, and archery range shall encompass only the area of the range proper and shall not include adjacent, vacant and/or open lands that may be owned by the rifle, pistol or archery range. The discharge of firearms at any range authorized for such use shall be limited to the hours of 7:00 a.m. to 7:00 p.m.
G. 
Penalties. Any person who shall violate the provisions of this section shall, upon due conviction thereof, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedule, together with the costs of prosecution.
[Amended 12-20-2011 by Ord. No. 2011-30]
No person shall throw or shoot any object, arrow, stone, snowball or other missile or projectile, by hand or by any other means, at any other person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public places within the Town unless authorized by the Chief of Police or unless conducted entirely upon private property with the permission of the owner thereof. The discharge of bows and arrows upon private property shall be done only when properly and securely guarded and properly supervised against injury or damage to other persons or their property. This section shall not apply to police officers in the discharge of their duties.
A. 
Obstructing streets. No person shall obstruct, loiter, cause a nuisance, or engage in any sport or exercise on any public street, sidewalk, bridge, or public ground within the Town in such a manner as to:
(1) 
Prevent or obstruct the free passage of pedestrian or vehicular traffic thereon;
(2) 
Prevent or hinder free ingress and egress to or from any place of business or amusement, church, public hall or meeting place; or
(3) 
Cause a nuisance by congregating and hindering the free passage of pedestrian or vehicular traffic.
B. 
Obstructing sidewalk prohibited. No person shall block any sidewalk or bridge by obstructing the same so that it is impossible for a pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street.
C. 
Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
LOITER
To sit, stand, loaf, lounge, wander or stroll in an aimless manner or to stop, pause or remain in an area for no obvious reason.
NUISANCE
Conduct which prevents or obstructs the exercise of rights of passage or travel by another in or about any public street, sidewalk, bridge, or public ground located in the Town of Grand Chute.
OBSTRUCT
To interfere with unobstructed travel by any means, including but not limited to standing on the part of the street, sidewalk, bridge or public ground that is fit and intended for travel or passage or placing any vehicle or any other object whatsoever on such area so as to prevent travel or passage.
SIDEWALK
Any sidewalk owned or maintained by the Town. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.
STREET
Any public street, road, highway, alley, or easement located in the Town on which public vehicular traffic is permitted.
No person shall cause, allow or permit any person to resist or interfere with any Town of Grand Chute police officer in the execution of his or her official duties.
A. 
No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley or park or any private residence.
B. 
It shall be a violation of this section for a person to operate a motor vehicle so as to cause the tires thereof to squeal, the horn to blow excessively or the motor to race excessively.
A. 
All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the limits of the Town. Any peace officer or police officer of the Town is hereby authorized to seize anything devised solely for gambling or found in actual use for gambling within the Town and to dispose thereof after a judicial determination is made that the device was used solely for gambling or found in actual use for gambling.
B. 
Section 945.04, Permitting premises to be used for commercial gambling, Wis. Stats., is hereby adopted. Violations of this section constitute civil violations subject to forfeitures rather than Class A misdemeanors.
[Added 12-20-2011 by Ord. No. 2011-30]
[Amended 11-16-2010 by Ord. No. 2010-21]
No person shall urinate or defecate outside of designed sanitary facilities, upon any sidewalk, street, alley, public parking lot, park, playground, cemetery, or other public area within the Town, or upon any private property in open view of the public, in the halls, rooms without rest room facilities, stairways or elevators of public or commercial buildings.
No person shall throw any glass, rubbish, waste or filth upon the streets, alleys, highways, public parks or other property of the Town or upon any private property not owned by him or upon the surface of any body of water within the Town.
[Amended 12-20-2011 by Ord. No. 2011-30]
No person shall climb, lay or sit upon a motor vehicle while such vehicle is parked or standing upon the public streets, public parking lots or other public area of the Town.
[Amended 7-16-2013 by Ord. No. 2013-13]
A. 
No person shall cause, by excessive and unnecessary acceleration, the tires of any vehicle to spin and emit loud noises or to unnecessarily throw stones, gravel, or other debris or cause to be made by excessive and unnecessary acceleration any loud noise as would disturb the public peace.
B. 
No person shall operate a motor vehicle in such a manner as to cause to be made any smoke, gases, or odors which are disagreeable, foul, or otherwise offensive which may tend to annoy or disturb the public.
C. 
No person shall operate a motor vehicle in a manner so as to cause the vehicle to spin rapidly in a tight radius or in a manner which causes the rear of the vehicle to unnecessarily sway from side to side.
[Amended 12-20-2011 by Ord. No. 2011-30]
No person shall possess 25 grams or less of marijuana, tetrahydrocannabinols or any derivative thereof, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a licensed physician or pharmacist for a valid medical purpose. The marijuana in the person's possession should be consistent with the amount needed for personal use only and not in an amount that is intended for distribution.
[Added 1-8-2011 by Ord. No. 2011-05 (§ 7.235 of the 1997 Code)]
A. 
The possession of a controlled substance specified in § 961.14(4)(tb) to (ty), Wis. Stats., is prohibited. Violation of this section shall be subject to a penalty as provided in § 415-19 of this chapter, except that any person who is charged with possession of a controlled substance specified in § 961.14(4)(tb) to (ty), Wis. Stats., following a conviction for possession of a controlled substance in this state shall not be prosecuted under this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Acts otherwise prohibited under Subsection A shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized under Wisconsin law to direct or prescribe such acts, provided that such use is permitted under Wisconsin and federal laws.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
LOITERING
Remaining idle in essentially one location and includes the concept of spending time idly, to be dilatory, to linger aimlessly, to stay, to delay, to stand around, and shall also include the colloquial expression "hanging around."
MINOR
Any person less than 18 years of age.
B. 
Loitering of minors prohibited. It shall be unlawful for any minor to loiter in or upon the public streets, highways, roads, alleys, parks, public buildings, premises licensed for the sale of alcohol beverages, vacant lots, vacant buildings, playgrounds or school grounds in the Town of Grand Chute, either on foot or in or upon any conveyance being driven or parked thereon, between the hours of 10:00 p.m. and 5:00 a.m. of the following day, Sunday through Thursday, and between 11:00 p.m. and 5:00 a.m. Friday and Saturday, unless said minor is accompanied by his or her parent, guardian or adult person having legal custody or control.
C. 
Responsibility of parents. It shall be unlawful for the parent, guardian, or other adult person having legal custody or control of any minor to suffer to permit or by inefficient control allow such minor to violate this section unless said minor is accompanied by his or her parent, guardian or other adult person having legal custody or control.
[Added 3-15-2005]
A. 
Prohibited acts. A child is prohibited from being a truant or a habitual truant. Any child violating this section shall be subject to one or more of the penalties provided in Subsection D(1) and (2) below respectively.
B. 
Definitions. In this section, all terms not specifically defined shall have the same meaning as those terms used in the context of the Wisconsin Statutes referred to in this section. Further, the following terms shall have the following meanings:
ACCEPTABLE EXCUSE
Permission of the parent/guardian/legal custodian of a pupil within limits of policies on truancy established by the school in which that pupil is enrolled. Except in emergencies or unforeseeable circumstances, such permission is expected to be communicated in writing from the parent/guardian/legal custodian to the school prior to the absence. In emergencies or unforeseeable circumstances, such communication is expected to be as soon as practicable following the absence.
HABITUAL 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 five or more days on which school is held during the 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.
C. 
Contributing to truancy.
(1) 
Contributing to truancy is prohibited. Except as provided in Subsection C(2), no person 17 years of age or older may, by any act or omission, knowingly encourage or contribute to truancy. An act or omission 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 or omission would be to cause the child to be truant, as defined in this section.
(2) 
Subsection C(1) shall not apply to a person who has under his/her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
(3) 
Any person who violates Subsection C(1) shall be subject to a forfeiture as prescribed in the Uniform Forfeiture and Bond Schedules for each offense, plus costs, and in default of payment thereof shall be imprisoned in the county jail for a period not exceeding 30 days.
D. 
Truancy penalties.[1]
(1) 
A child under the age of 18 who is found to be truant shall be subject to the following:
(a) 
A forfeiture as prescribed in the Uniform Forfeiture and Bond Schedules, plus costs, subject to § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture amount as prescribed in the Uniform Forfeiture and Bond Schedules, plus costs, for all violations committed during a school semester.
(b) 
All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both, if the parents or guardian have, by any act or omission, knowingly encouraged or contributed to the person's truancy pursuant to § 948.45, Wis. Stats.
(c) 
An order for the person to attend school.
(2) 
A child under the age of 18 who is found to be a habitual truant shall be subject to the following:
(a) 
Suspension of the child's operating privilege, as defined in § 340.01(40), Wis. Stats., for not less than 30 days nor more than one year. Any license so suspended shall be immediately taken by the court and forwarded to the Department of Transportation together with a notice stating the reason for and the duration of the suspension.
(b) 
A forfeiture as prescribed in the Uniform Forfeiture and Bond Schedules, plus costs.
(c) 
An order for the person to attend school.
(d) 
Any other reasonable conditions 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 11-16-2010 by Ord. No. 2010-22 (§ 7.28 of the 1997 Code)]
A. 
No person shall use the 911 Emergency Telephone System for regular business or nonemergency calls.
B. 
No person shall dial the 911 Emergency Telephone number to report an emergency, knowing the fact or situation reported does not exist.
A. 
Purpose. The purpose of this section is to prevent access to outside swimming pools located in the Town of Grand Chute by persons, especially children, who may be injured or killed as a result of their inability to perceive the dangers existing in the use of swimming pools.
B. 
Definition. A swimming pool for the purpose of this section shall be defined as any outside structure, basin, chamber or tank containing or designed to contain or capable of containing any artificial body of water for wading, swimming, diving, recreation, therapy or bathing having a depth of two feet or more at any point when filled to capacity.
C. 
Protective requirements. All swimming pools as defined above, whether in-ground or aboveground types, shall be enclosed with an adequate and secure fence at least 44 inches high above adjoining grade to prevent straying into the pool area. Required fences shall be constructed to prevent passage of a four-inch sphere between or under fence members. Any gates installed shall be provided with self-closing and self-latching devices which shall be on the inside of the gate at least 30 inches above ground level. A pool dome or pool top fencing attached to the pool which must extend at least 44 inches above the ground and a pool cover capable of supporting 100 pounds per square foot of area are acceptable substitutes for fencing. This pool cover shall be fixed securely in place at all times when the pool is not supervised by a responsible adult. The stairways, ladders or other means used for access to pools, whether above ground or otherwise, shall be so secured or removed or blocked off as to prevent access to the swimming pool when said swimming pool is not in use.
D. 
Exception. Aboveground pools with walls that are at least 44 inches high at all points around said pool or have platforms and railings that are 44 inches or more in height above ground are not required to be enclosed as provided in Subsection C of this section.
E. 
Building permit. A building permit is required for the installation of any type of swimming pool.
F. 
Existing pools. Existing pools not in compliance with the above enclosure requirement shall be made to conform within four months of the adoption of this section.
G. 
Fees. Double fees shall be charged if work is commenced prior to the issuance of a permit.
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished as follows:
A. 
For a violation of § 415-5 of this chapter he shall forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules and the costs of prosecution and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until the forfeiture and costs of prosecution are paid, but not exceeding five days, provided that for a first offense any person under 18 years of age who shall be found violating the provisions of said section shall be warned of the penalty for such violation by any police officer of the Town and shall be taken and delivered to the custody of the person having legal custody over him, and for a second or subsequent offense he shall be dealt with according to the provisions of Ch. 48, Wis. Stats.
B. 
For a violation of any other provisions of this chapter, except § 415-11 of this chapter, any person shall, upon proof and conviction thereof, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules, together with the costs of prosecution, and in default of payment of the forfeiture and costs of prosecution, or either of them, such convicted person shall be committed to and confined within the county jail of Outagamie County, Wisconsin, until such fine and costs of prosecution are paid, but not to exceed 60 days.
C. 
Any person, firm, or corporation that shall violate § 415-11 of this chapter shall forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules and the costs of prosecution and in default of payment of the fine and costs of prosecution shall be imprisoned in the county jail until said fine and the costs of prosecution are paid, but not to exceed 30 days. Each day's violation of the provisions of this chapter shall constitute a separate offense.
D. 
Any person who shall violate § 415-12, or any part thereof, shall be punished by forfeiture as provided in the Uniform Forfeiture and Bond Schedules for each offense, together with the costs thereof, and in default of payment thereof shall be imprisoned in the county jail for not exceeding 30 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Any minor who violates § 415-15 shall be penalized pursuant to § 398-16 of this Code.