[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; 12-3-2019 by Ord. No. 2019-12]
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; 12-3-2019 by Ord. No. 2019-12; 3-24-2020 by Ord. No. 2020-05; 7-20-2021 by Ord. No. 2021-07]
|
252.25
|
Violation of law relating to public health
|
|
940.19(1)
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Battery; substantial battery; aggravated battery
|
|
941.10
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Negligent handling of burning material
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|
941.20
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Endangering safety by use of dangerous weapons
|
|
941.23
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Carrying concealed weapon
|
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941.235
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Carrying firearm in public building
|
|
941.24
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Possession of switchblade knife
|
|
941.35
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Emergency telephone calls
|
|
941.36
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Fraudulent tapping of electrical wires or gas
or water meters or pipes
|
|
941.37
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Obstructing emergency or rescue personnel
|
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943.01
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Damage to property
|
|
943.11
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Entry into locked vehicle
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943.125
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Entry into locked coin box
|
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943.13
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Criminal trespass to land
|
|
943.14
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Criminal trespass to dwellings
|
|
943.15
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Entry onto a construction site or into a locked
building, dwelling or room
|
|
943.20
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Theft
|
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943.21
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Fraud on hotel or restaurant keeper
|
|
943.22
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Use of cheating tokens
|
|
943.23
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Operating vehicle without owner's consent
|
|
943.34
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Receiving stolen property
|
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943.37
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Alteration of property identification marks
|
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943.46
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Theft of video service
|
|
943.50
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Retail theft
|
|
944.20
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Lewd and lascivious behavior
|
|
944.23
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Making lewd, obscene or indecent drawings
|
|
944.30
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Prostitution
|
|
944.31
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Patronizing prostitutes
|
|
944.32
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Soliciting prostitutes
|
|
944.33
|
Pandering
|
|
944.34
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Keeping place of prostitution
|
|
944.36
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Solicitation of drinks
|
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946.40
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Refusing to aid officer
|
|
946.41
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Resisting or obstructing officer
|
|
946.42
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Escape
|
|
946.65
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Obstructing justice
|
|
946.66
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Filing false complaints of police misconduct
|
|
946.69
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Falsely assuming to act as public officer or
employee or utility employee
|
|
946.70
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Impersonating peace officers
|
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946.72
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Tampering with public records and notices
|
|
947.01
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Disorderly conduct
|
|
947.012
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Unlawful use of telephone
|
|
947.0125
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Unlawful use of computerized communication systems
|
|
947.013
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Harassment
|
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947.015
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Bomb scares
|
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947.02
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Vagrancy
|
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947.06
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Unlawful assemblies and their suppression
|
|
948.10
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Exposing genitals or pubic area
|
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948.11
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Exposing a child to harmful materials
|
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948.40
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Contributing to the delinquency of a child
|
|
961.41(3g)(e)
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Possession of marijuana
|
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948.51
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Hazing
|
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961.573
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Possession of drug paraphernalia
|
|
961.574
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Manufacture or delivery of drug paraphernalia
|
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961.575
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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.
BUILDING
PARTIALLY RESTRICTED AREA
PROHIBITED AREA
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:
A permanent structure used for human occupancy and including
a manufactured home, as defined in § 101.91(2), Wis. Stats.
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.
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.
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
STREET
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:
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.
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.
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.
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.
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.
[1]
Editor's Note: Former § 415-13, Possession of marijuana,
was repealed 7-20-2021 by Ord. No. 2021-07.
[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]
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.
LOITERING
MINOR
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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."
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]
B.
ACCEPTABLE EXCUSE
HABITUAL TRUANT
TRUANT
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:
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.
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.
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.
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.
[Added 11-16-2010 by Ord. No. 2010-22 (§ 7.28
of the 1997 Code)]
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]
