A. 
Discharge of firearms regulated. No person, except a law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description in his/her possession or under his/her control within the City of Weyauwega, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the City Council, or the firing or discharging of BB guns upon private premises by persons over 16 or under the direct personal supervision of a parent or legal guardian.
B. 
Hunting prohibited. Hunting within the City of Weyauwega is prohibited.
C. 
Shooting into City limits. No person shall in the territory adjacent to the City discharge any firearm in such manner that the discharge shall enter or fall within the City of Weyauwega.[1]
[1]
Editor's Note: Original Sec. 11-2-1(d), Shooting ranges, which immediately followed this section, was deleted 7-19-2010 by Ord. No. 2010-02.
D. 
Explosive devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the City without first obtaining a permit to do so from the City Council.
E. 
Definition. For purposes of this section, "firearm" is defined as any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device or gunpowder.
[Amended 10-17-2011 by Ord. No. 2011-9]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FIREARM
A weapon that acts by force of gunpowder.
PUBLIC SAFETY
Any person employed by the State of Wisconsin or any political subdivision of this state, as a sworn law enforcement officer, a Firefighter or EMS personnel.
[Amended 12-19-2011 by Ord. No. 2011-10]
WEAPON
A handgun, an electronic weapon as defined at § 941.295 Wis. Stats., or a billy club.
B. 
In addition to the provisions of § 175.60, Wis. Stats., enumerating places where the carrying of a weapon or a firearm is prohibited, including exceptions thereto, it shall be unlawful for any person other than a law enforcement officer to enter the following city buildings while carrying a weapon or a firearm:
(1) 
Municipal Building.
(2) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(2), regarding fire stations, was repealed 12-19-2011 by Ord. No. 2011-10.
(3) 
Library.
(4) 
Historical Museum.
(5) 
Sewage Treatment Building.
(6) 
All City well/pump stations.
(7) 
Street Department garage.
(8) 
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(8), regarding the Oakwood Cemetery Building, was repealed 12-19-2011 by Ord. No. 2011-10.
(9) 
Weyauwega Community Park.
(10) 
Peterson Park.
(11) 
Weyauwega-Fremont School District properties.
(12) 
All other buildings and land owned, leased or occupied and posted by the City of Weyauwega.
C. 
Signs meeting the requirements of § 943.13 (2)(am), Subsection 1, Wis. Stats. shall be posted in prominent places near all entrances of such buildings regarding such restrictions.
D. 
Any person who enters or remains in any aforementioned City building contrary to such signage shall be considered a trespasser subject to penalty as proscribed under § 1-3 of this Code.
E. 
Possession, sale, and manufacture of certain weapons prohibited.
(1) 
No person shall sell, manufacture, purchase, possess or carry metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles, a numchuk (also called a "nunchaku") or any similar weapon, a cestus or similar material weighted with metal or other substance and worn on the hand, a churkin (also called a "suriken") or any similar object intended to injure a person when thrown, a sucbai or similar weapon, a manrikigusari or similar length of chain having weighted ends, or any other martial arts device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce injury or death to another person within the City of Weyauwega.
(2) 
For the purpose of this section, the following definitions shall apply:
CHURKIN
A round throwing knife, consisting of several sharp points protruding from a rounded disc.
NUMCHUK OR NUNCHAKU
An instrument consisting of two or more sticks, clubs, or rods connected by a rope, cord, wire, or chain.
SUCBAI
A short length of wood, or metal or similar material which, when gripped in the hand, protrudes on either side of the fist. Such prohibited instrument may or may not have spikes or short, ponted protrusions from either end.
(3) 
Any such device shall be seized by a law enforcement officer and destroyed or turned over to the State of Wisconsin Crime Laboratory for destruction.
F. 
Reckless use of weapons.
(1) 
Acts prohibited.
(a) 
No person shall endanger another's safety by reckless conduct in the operation or handling of a firearm, air gun, knife or bow and arrow.
(b) 
No person shall operate or go armed with a firearm, air gun, knife or bow and arrow while he/she is under the influence of an intoxicant.
(c) 
No person shall intentionally point a firearm, air gun, knife or bow and arrow at or toward another person.
(2) 
Reckless conduct defined. "Reckless conduct" consists of an act which creates a situation of unreasonable rick and high probability of death or great bodily harm to another and which demonstrates a conscious disregard for the safety of another and a willingness to take chances of perpetrating an injury.
A. 
Definitions. In this section, the following terms shall have the meanings indicated:
AIRCRAFT
Has the meaning given under § 114.002(3), Wis. Stats.
ENCASED
Enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
FIREARM
A weapon that acts by force of gunpowder.
HIGHWAY
Has the meaning given under § 340.01(22), Wis. Stats.
MOTORBOAT
Has the meaning given under § 30.50(6), Wis. Stats.
ROADWAY
Has the meaning given under § 340.01(54), Wis. Stats.
UNLOADED
Any of the following:
(1) 
Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.
(2) 
In the case of a cap lock muzzle-loading firearm, having the cap removed.
(3) 
In the case of a flint lock muzzle-loading firearm, having the flashpan cleaned of powder.
VEHICLE
Has the meaning given under § 340.01(74), Wis. Stats., and includes a snowmobile, as defined under § 340.01(58a), Wis. Stats.
B. 
Prohibitions; motorboats and vehicles; highways and roadways.
(1) 
Except as provided in Subsection C:
(a) 
No person may place, possess or transport a firearm, bow or crossbow in or on:
[1] 
A motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
[2] 
A vehicle, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(b) 
No person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow:
[1] 
In or from a vehicle.
[2] 
From or across a highway or within 50 feet from the center of a road.
(2) 
A person who violates Subsection B(1) above is subject to a forfeiture pursuant to § 1-3.
C. 
Exceptions.
(1) 
Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
(a) 
A peace officer, as defined under § 939.22(22), Wis. Stats.
(b) 
A member of the United States Armed Forces.
(c) 
A member of the National Guard.
(2) 
Subsection B(1)(a) and (b)[1] do not apply to the holder of a scientific collector permit under § 29.614, Wis. Stats., who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.
(3) 
Subsection B(1)(a)[2] and (b)[1] do not apply to the holder of a permit under § 29.193(2)(c), Wis. Stats., who is hunting from a standing automobile in accordance with that subsection.
No person shall sell, expose or offer for sale, use, keep, possess, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the City unless he/she shall be authorized by a fireworks permit as provided in Chapter 266, Fireworks, of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all fireworks, rockets or similar missiles containing explosive fuel.
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 City of Weyauwega 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 or 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
Unnecessary conduct which may tend to annoy, intimidate, threaten or otherwise disturb another in or about any public street, sidewalk, bridge or public ground which is offensive to the public morals or decency of the citizens of the City of Weyauwega.
OBSTRUCT
To interfere with unobstructed travel by any means, including but not limited to standing on the part of the walk that is fit for travel or placing any object or vehicle whatsoever on such sidewalk.
SIDEWALK
Any sidewalk owned or maintained by the City. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.
D. 
Free speech. This section shall not be interpreted as prohibiting any person from stopping on any sidewalk to talk or to make a speech, provided that such person shall not stand in such a location that it is impossible for any pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street. If two or more persons are engaged in talking while stopped on a sidewalk, they shall not stand in such locations as to completely prevent any pedestrian from passing them on the sidewalk.
[1]
Editor's Note: See also Ch. 419, Streets and Sidewalks.
[Added 8-21-2017 by Ord. No. 2017-4]
No person shall jump or dive from any public structure for any reason whatsoever, except by permit issued by the City Council. "Public structure," as used in this section, includes all public buildings and any bridge, bridge abutment, roadway, tower, or other structure constructed and operated for public utility or transportation services, whether publicly or privately owned.
A. 
Public property loitering prohibited.
(1) 
No person shall loiter in or about any public street, public sidewalk, street crossing, alley, bridge, public parking lot or other place of assembly or public use after being requested to move by any law enforcement officer.
(2) 
Upon being requested to move, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.
(3) 
No person shall loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious conduct or any unlawful act.
(4) 
No person shall loiter in or about any school or public place at or near which children or students attend or normally congregate. As used in this subsection, "loiter" means to delay, to linger or to idle in or about any said school or public place without a lawful purpose for being present.
B. 
Private property loitering prohibited.
(1) 
No person shall loiter in or about any private premises or adjacent doorways or entrances or upon private property held out for public use, including but not limited to business or industry parking lots or shopping malls, without invitation from the owner or occupant or any person in authority at such places. No person shall loiter in or about the doorway, stairway, steps or entrance of any business place or private residence without the expressed consent of the owner thereof or at any time other than usual business hours. Under this subsection, "business place" shall include a public building at such times that the same shall be closed for the usual and normal business conduct thereat.
(2) 
Upon being requested to move by any such person in authority or by any police officer, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.
(3) 
No person shall sit, lie, or otherwise recline upon or against any parked motor vehicle without the expressed consent of the owner thereof, whether such vehicle is parked upon a public street, alley, parking lot, driveway or private premises.
(4) 
No person shall stand or loiter on any roadway other than in a safety zone if such act interferes with the lawful movement of traffic.
C. 
Loitering or prowling prohibited.
(1) 
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/herself or manifestly endeavors to conceal himself/herself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him/her to identify himself/herself and explain his/her presence and conduct. No person shall be convicted of an offense under this subsection if the law enforcement 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 law enforcement officer at the time, would have dispelled the alarm.
(2) 
No person shall hide, wait or otherwise loiter in the vicinity of any private dwelling house, apartment building, or any other place of residence with the unlawful intent to watch, gaze or look upon the occupants therein in a clandestine manner.
(3) 
No person shall lodge in any building, structure or place, whether public or private, without the permission of the owner or person entitled to possession or in control thereof.
(4) 
No person shall loiter in or about a restaurant, tavern or other public building. As used in this subsection, "loiter" means to, without just cause, remain in a restaurant, tavern or public building or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or in control thereof.
D. 
Loitering by underage persons where alcohol beverage is dispensed.[1]
(1) 
Underage persons and intoxicants. No underage person shall enter, remain or loiter in any public or private place where any fermented malt beverage or other alcohol beverage is sold, dispensed, given away or made available, unless accompanied by a parent, guardian or spouse who has attained the legal drinking age.
(2) 
Permitting loitering prohibited. No person of legal drinking age shall permit any underage person to enter, remain or loiter in any premises, public or private, where fermented malt beverages or other alcohol beverages are served, sold, dispensed, given away or made available, unless such underage person is accompanied by a parent, guardian or spouse who has attained the legal drinking age.
[1]
Editor's Note: See also Ch. 300, Intoxicating Liquor and Fermented Malt Beverages.
E. 
Definitions. As used in this section, the terms "loiter" and "nuisance" shall be defined as provided in § 370-7C of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Soliciting. No person shall loiter in or near any thoroughfare or place open to the public in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested are that such person is a known prostitute or panderer, that such person repeatedly beckons to stop or attempts to stop or engages male or female passersby in conversation or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture. The violator's conduct must be such as to demonstrate a specific intent to induce, entice, solicit or procure another to commit an act of prostitution. No arrest shall be made for a violation of this subsection unless the law enforcement officer first affords such persons an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose. As used in this subsection, the following terms shall have the meanings indicated:
KNOWN PROSTITUTE OR PANDERER
A person who, within five years previous to the date of arrest for violation of this subsection, had, within the knowledge of the sworn police officer, been convicted in any municipal court or circuit court in the State of Wisconsin of an offense involving prostitution.
PUBLIC PLACE
An area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles, whether moving or not, and buildings open to the general public, including those which serve food or drink or provide entertainment, and the doorway and entrance to buildings or dwellings and the grounds enclosing them.
A. 
Loud and unnecessary noise prohibited. It shall be unlawful for any person to make, continue or cause to be made or continued any loud and unnecessary noise. It shall be unlawful for any person knowingly or wantonly to use or operate or cause to be used or operated any mechanical device, machine, cassette or CD player, apparatus or instrument for intensification or amplification of the human voice, music or any sound or noise in any public or private place in such manner that the peace and good order of the neighborhood are disturbed or that persons owning, using or occupying property in the neighborhood are disturbed or annoyed.
B. 
Types of loud and unnecessary noises. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) 
Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the City for longer than three seconds in any period of one minute or less, except as a danger warning; the creation of any unreasonably loud or harsh sound by means of any signaling device and the sounding of any plainly audible device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.
(2) 
Radios, phonographs and similar devices. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a loud and unnecessary manner. The operation of any set, instrument, phonograph, machine or device in a manner as to be plainly audible at the properly line of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) 
Loudspeakers and amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.
(4) 
Animals and birds. The keeping of any animal or bird which causes frequent or long-continued unnecessary noise.
(5) 
Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper City authorities.
(6) 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motorboat except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7) 
Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or any other similar equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays; provided, however, that the Chief of Police shall have the authority, upon determining that the loss or inconvenience which would result to any party in interest would be extraordinary and of such nature as to warrant special consideration, to grant a permit for a period necessary within which time such work and operation may take place within the hours of 10:00 p.m. to 7:00 a.m.
(8) 
Schools, courts, churches and hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of that institution, or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in those streets indicating a school, hospital or court street. No person, while on public or private grounds adjacent to any building, or while within any building in which a school or any class thereof is in session, shall willfully make or assist in the making of any noise or diversion which disturbs or tends to disturb the peace or good order and operation of such school session or class thereof.
C. 
Exceptions. The provisions of this section shall not apply to:
(1) 
Any vehicle of the City while engaged in necessary public business.
(2) 
Excavations or repairs of streets or other public construction by or on behalf of the City, county, or state at night when public welfare and convenience render it impossible to perform such work during the day.
(3) 
The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in nature.
D. 
Permits for amplifying devices.
(1) 
Permit required. The use of loudspeakers or amplifying devices on the streets or in the parks of the City of Weyauwega is prohibited unless the party desiring to use such loudspeaker or amplifying device first obtains a permit from the Chief of Police.
(2) 
Grounds or reasons for denial or revocation. The Chief of Police shall have the authority to revoke such permit when he/she believes such loudspeaker or amplifying device is becoming a nuisance because of the volume, the method in which it is being used or the location in which it is being operated.
(3) 
Time restrictions. The Chief of Police shall not grant a permit to use a loudspeaker or amplifying device before the hour of 9:00 a.m. or after 10:00 p.m. No permit shall be granted to anyone who, in the opinion of the Chief of Police, uses said loudspeaker or amplifying device in such a manner or for such a purpose as to constitute a nuisance.
A. 
Disorderly conduct prohibited. No person within the City of Weyauwega shall:
(1) 
In any public or private place engage in violent, noisy, riotous, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to annoy or disturb any other person.
(2) 
Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation.
(3) 
Be in any business or private structure, private vehicle or upon any private grounds without the consent of the owner.
B. 
Defecating or urinating in public places. It shall be unlawful for any person to defecate or urinate outside of designed sanitary facilities upon any sidewalk, street, alley, public parking lot, park, playground, cemetery or other public area within the City, or upon any private property in open view of the public, or in the halls, rooms without rest room facilities, stairways or elevators of public or commercial buildings,
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See also § 175-3, Public indecency.
A. 
Unauthorized presence.
(1) 
No student who is under suspension, expulsion, or other disciplinary procedures excluding him/her from attending any school located within the City nor any person not a student presently enrolled or not an employee of such schools or not a parent or guardian of a student or not an otherwise authorized person shall be present within any school building or upon any school grounds without having first secured authorization to be there from the principal or other person in charge of the school building or school grounds, except while in direct route to secure such authorization.
(2) 
Any unauthorized person who shall come upon school property and refuse to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3) 
"Authorized person" shall include:
(a) 
Any person who is present at any school building or school grounds for a purpose previously authorized by the school or its designee.
(b) 
Any person transporting a student and who utilizes the driveway specified for loading and unloading personnel.
(c) 
Any person utilizing a designated area for attending an athletic or other organized school event.
B. 
Disorderly conduct on public school property.
(1) 
No person shall, on any school property or building, engage in violent, abusive, loud or otherwise disorderly conduct which causes or provokes an immediate disturbance of public order or disturbs or annoys any other person, nor shall a person intentionally engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
(2) 
Nonstudents, students from schools other than the school on the property or students from a school who are not in compliance with the school system's published rules and regulations shall be considered in violation of this section. The published rules and regulations of the school system are incorporated as if fully set forth herein.
(3) 
All entrances to the school buildings referred to in Subsection B(1) shall be posted by the School Board with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."
(4) 
"Unauthorized presence" shall include any vehicle that is found on school property which has not received permission to be there. If the occupants or owners are not on school property for some legitimate business or activity or are parked in an area that regulates parking to certain authorized vehicles, they are in violation. Such vehicle may be issued a City summons that regulates parking or may be towed away at the direction of the school principal or person in charge of such school building. Law enforcement officers may also have any vehicle towed away which, because of its location, creates a hazard to life or property.
C. 
Loitering near school prohibited. No person not in official attendance or on official school business shall enter into, congregate, loiter or cause a nuisance in any school building in the City of Weyauwega or upon any Weyauwega School District grounds or within adjacent posted school zones on any day when such schools are in session.
D. 
Possession of intoxicating liquor and fermented malt beverages. See § 125.09(2), Possession of alcohol beverages on school grounds prohibited, Wis. Stats., adopted by reference in § 300-1.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Definitions. As used in this section, the terms "loiter" and "nuisance" shall be defined as provided in § 370-7C of this chapter.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Lawful orders. It shall be unlawful for any person to fail to obey the direction or order of a law enforcement officer while such law enforcement officer is acting in an official capacity in carrying out his or her duties.
B. 
Resisting or interfering with officer prohibited. It shall be unlawful for any person to resist, obstruct, or in any way interfere with any law enforcement officer or member of the Police Department or any person called to assist such officer, or to threaten, resist or interfere with such officer or person, or to advise or encourage any other person to resist or interfere with such officer or person in the discharge of his/her duty, or to in any way interfere with or hinder or prevent him/her from discharging his/her duty as such officer or assistant, or to offer or endeavor to do so, or to in any manner assist any person in the custody of any law enforcement officer to escape or to attempt to escape from such custody, or to try to persuade any person to escape from the custody of such officer, or to rescue or attempt to rescue any person so in custody or to fail to obey the order or direction of such officer while such officer is acting in his/her official capacity in carrying out his/her duties.
A. 
Possession of controlled substances. It is unlawful for any person to possess a controlled substance, other than a controlled substance classified in Schedules I and II under Ch. 961, Wis. Stats., which is a narcotic drug, unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his/her professional practice, or except as otherwise authorized by this Code of Ordinances.
B. 
Possession of marijuana.
(1) 
No person shall possess 25 grams or less of marijuana, as defined in § 961.01, Wis. Stats., unless it was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by Ch. 961, Wis. Stats.
(2) 
For purposes of this section, "practitioner" shall be defined as provided in § 961.01, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
This section does not apply to any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of any amount of marijuana, in the State of Wisconsin.
A. 
Harassment. No person, with intent to harass or intimidate another person, shall do any of the following; each instance shall be considered a separate violation:
(1) 
Strike, shove, kick or otherwise subject the person to physical contact or attempt or threaten to do the same.
(2) 
Engage in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.
B. 
Harassing or obscene telephone calls. Whoever commits any of the following acts shall be subject to the general penalty as provided in this Code of Ordinances:[1]
(1) 
Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious or indecent.
(2) 
Makes a telephone call, whether or not conversation ensues, with the intent to abuse, threaten or harass any person at the called number or numbers.
(3) 
Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers.
(4) 
Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers.
(5) 
Knowingly permits any telephone under his/her control to be used for any purpose prohibited by this section.
(6) 
In conspiracy or concerted action with other persons, makes repeated calls or simultaneous calls solely to harass any person at the called number or numbers.
(7) 
To include misuse of all electronic communication devices and social media platforms.
[Added 3-16-2020 by Ord. No. 2020-2]
[1]
Editor's Note: See § 1-3.
[Added 1-18-2021 by Ord. No. 2020-4]
A. 
Purpose. The Council finds that bullying and harassment disrupt a safe environment in the City, interfere with one's ability to succeed or excel in a safe environment in the City and interfere with one's ability to participate in or benefit from programs, activities, worksites and opportunities offered to the community. The Council further finds that it is in the public interest to make sure every person is valued and respected regardless of perceived differences and may live free from bullying, harassment and intimidation.
B. 
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.
BULLYING
A form of harassment and is defined as an intentional course of conduct which is reasonably likely to intimidate, emotionally abuse, slander, threaten or intimidate another person and which serves no legitimate purpose.
COURSE OF CONDUCT
Any conduct, whether verbal, physical or by any mode of communication, which:
(1) 
Is prohibited by § 947.01, 947.0125, or 947.013, Wis. Stats.; or
(2) 
Is any intentional course of conduct which is likely to create an intimidating, hostile, or offensive environment and which serves no legitimate purpose.
C. 
Prohibition. It shall be unlawful for every person to engage in any bullying or harassment of a person or induce another person to engage in such bullying or harassment.
D. 
Retaliation prohibited. No person shall retaliate against any person who reports any conduct which is prohibited by this section.
E. 
Constitutionally protected activity. This section shall not be construed to apply to any constitutionally protected activity or speech.
F. 
Parental responsibility. It shall be unlawful for any custodial parent or guardian of any unemancipated person under 18 years of age to allow or permit such person to violate the provisions of Subsection C above. The fact that, prior to the present offense, a parent, guardian or custodian was informed by a law enforcement officer of a separate violation of Subsection C by the same minor occurring within 90 days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
G. 
Penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided in § 1-3 of the Code of Ordinances.
No person shall have or permit on any premises owned or occupied by him/her any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fenced in such manner as to prevent injury to any person, and any cover shall be of a design, size and weight that the same cannot be removed by small children.
All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the City, except as provided by state law. Any law enforcement officer of the City may seize anything devised solely for unlawful gambling or found in actual use for gambling within the City and dispose thereof after a judicial determination that such device was used solely for gambling or found in actual use for gambling.
A. 
Definitions. For the purposes of this section, the following definitions apply to the terms as used herein:
AMBULANCE
An emergency vehicle, including any motor vehicle, boat or aircraft, whether privately or publicly owned, which is designated, constructed or equipped to transport patients.
AMBULANCE ATTENDANT
A person who is responsible for the administration of emergency care procedures and proper handling and transporting of the sick, disabled or injured persons, including but not limited to ambulance attendants and ambulance drivers.
AMBULANCE SERVICE PROVIDER
A person engaged in the business of transporting sick, disabled or injured persons by ambulance to or from facilities or institutions providing health services.
AUTHORIZED EMERGENCY VEHICLE
Any of the following:
(1) 
Police vehicles, whether publicly or privately owned.
(2) 
Conservation wardens' vehicles or foresters' trucks, whether publicly or privately owned.
(3) 
Vehicles of a fire department or fire patrol.
(4) 
Privately owned motor vehicles being used by Deputy State Fire Marshals or by personnel of a full-time or part-time fire department or by members of a volunteer fire department while en route to a fire or on an emergency call pursuant to orders of their chief or other commanding officer.
(5) 
Such emergency vehicles of municipal or county departments or public service corporations as are designated or authorized by the local authorities to be authorized emergency vehicles.
(6) 
Such emergency vehicles of state departments as are designated or authorized by the heads of such departments to be authorized emergency vehicles.
(7) 
Such ambulances, publicly owned, as are designated or authorized by local authorities to be authorized emergency vehicles.
(8) 
Such ambulances which are privately owned and are operated by owners or their agents and which vehicles are authorized by the Sheriff or others designated by the County Board to be operated as emergency vehicles. The Sheriff or others designated by the County Board may make such authorization which shall be in writing and which shall be effective throughout the state until rescinded. The Sheriff or others designated by the County Board may designate any owner of ambulances usually kept in the county to operate such vehicles as authorized emergency vehicles. Such written authorization shall at all times be carried on each ambulance used for emergency purposes. The Sheriff shall keep a file of such authorizations in his/her office for public inspection, and all other persons permitted to issue authorizations shall file a copy of all authorizations issued with the Sheriff who shall keep them on file.
BONA FIDE EMERGENCY or BONA FIDE REQUEST FOR EMERGENCY SERVICES
Those circumstances wherein the caller reasonably believes that person(s) and/or property may be in actual or potential danger of injury and, in the case of person(s), in danger of illness.
EMERGENCY MEDICAL PERSONNEL
Any emergency medical personnel, ambulance attendant, peace officer or firefighter or other person operating or staffing an ambulance or an authorized emergency vehicle.
PERSON
Any individual, firm, partnership, association, corporation, trust, foundation, company, any governmental agency other than the United States government, or any group of individuals, however named, concerned with the operation of an ambulance.
B. 
Prohibitions. It is the intent of the City of Weyauwega, in its adoption of this provision, to protect against the following activities in a manner consistent with that provided by § 941.37, Wis. Stats. The following acts are prohibited and perpetration thereof subjects the violator to penalty as provided by § 1-3:
(1) 
Knowingly obstructing any emergency medical personnel in the performance of duties relating to an emergency or rescue.
(2) 
Intentionally interfering with any medical personnel in the performance of duties relating to an emergency or rescue, when it is reasonable that the interference may endanger another's safety.
(3) 
Knowingly making any telephone call to any emergency medical personnel, police agency or fire department for any purpose other than to report a bona fide emergency or to make a bona fide request for emergency services.
A. 
In this section, the following terms shall have the meanings indicated:
ALCOHOL BEVERAGES
Has the meaning given in § 125.02(1), Wis. Stats.
CONTROLLED SUBSTANCES
Has the meaning given in § 961.01(4), Wis. Stats.
LODGING ESTABLISHMENT
Has the meaning given in § 106.52(d), Wis. Stats.
UNDERAGE PERSON
Has the meaning given in § 125.02(20m), Wis. Stats.
B. 
Any person who procures lodging in a lodging establishment and permits or fails to take action to prevent any of the following activities from occurring in the lodging establishment is subject to the penalties provided in § 1-3:
(1) 
Consumption of an alcohol beverage by any underaged person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
(2) 
Illegal use of a controlled substance.
C. 
An owner or employee of a lodging establishment may deny lodging to an adult if the owner or employee reasonably believes that consumption of an alcohol beverage by an underaged person, not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, or illegal use of a controlled substance may occur in the area of the lodging establishment procured.
D. 
An owner or employee of a lodging establishment may require a cash deposit or use of a credit card at the time of application for lodging.
[Added 11-15-2010 by Ord. No. 2010-07]
A. 
Possession, use, and sale are illegal. It shall be illegal for any person to use, possess, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following chemicals whether under the common street or trade names of "Spice," "K2," "Genie," "Yucatan Fire," "fake" or "new" marijuana, or by any other name, label, or description:
(1) 
Salvia divinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof; any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;
(2) 
(6aR, 1OaR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-l-ol; some trade or other names: HU-210;
(3) 
I-Pentyl-3-(1-naphthoyl) indole; some trade or other names: JWH-018\spice;
(4) 
1-Butyl-3-(1naphthoyl) indole; some trade or other names: JWH-073;
(5) 
1-(3 {trifluoromethylphenyl}) piperazine; some trade or other names: TFMPP;
(6) 
Or any similar structural analogs.
B. 
Medical or dental use allowed. Acts otherwise prohibited under § 370-19.1 shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided that such use is permitted under state and federal laws.
C. 
Penalties. Any adult person violating this section shall be subject to a forfeiture of not less than $100 nor more than $500, exclusive of costs, and upon failure to pay the same shall be confined in the county jail for not more than 30 days.
[Added 11-15-2010 by Ord No. 2010-08]
A. 
Purpose and intent. It is the purpose of this section to discourage children of compulsory school age from unauthorized absences and to impose penalties upon those students and also upon their parents or legal guardians. It is the intent of this section to promote the development and welfare of these children by discouraging unauthorized absenteeism and encouraging school attendance. The Weyauwega City Council hereby finds that daytime absence constitutes an increased risk to the public safety, health, and welfare of the citizens of the City of Weyauwega.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
RESPONSIBLE ADULT
A person 18 years of age or older who has the mental competency to fulfill the duty of protecting and caring for the general welfare of a child and who has a written authorization from that child's parent or legal guardian designating the person as a responsible adult, naming the child involved and designating the time period during which the responsible adult shall have control of the child.
SUBJECT TO COMPULSORY SCHOOL ATTENDANCE
Includes any child subject to mandatory school attendance under Wisconsin law in the school district of his residence, or any child found in the City of Weyauwega who would be subject to mandatory attendance if the child were a resident of the City of Weyauwega.
C. 
Offenses.
(1) 
No child subject to compulsory school attendance shall be at any place within the City of Weyauwega, except in attendance at school or at the student's place of residence, during the hours when that student is required to be in attendance at either a public or private school as required by law, unless that child has written proof from school authorities excusing him/her from attending school at that particular time, or unless the student is accompanied by a parent, legal guardian or responsible adult selected by the parent or legal guardian who supervises the student.
(2) 
Parental violation. Each parent or legal guardian of a student subject to the provisions of this section shall have the duty to prevent that student from violating the provisions of this section and each failure by that parent or guardian to do so is a separate offense.
D. 
Affirmative defenses.
(1) 
It shall be an affirmative defense to Subsection C(1) and (2) that the student, at the time of the alleged violation, was not required by law to be in attendance at the school attended by the student.
(2) 
It shall be an affirmative defense to Subsection C(2) that the parent or legal guardian is a petitioner in a currently pending juvenile court proceeding involving the student or such a proceeding in which the judge has retained ongoing supervision or jurisdiction.
(3) 
It shall be an affirmative defense to Subsection C(1) and (2) that if at the time of the alleged violation the student was employed pursuant to a school-sponsored program or was the recipient of a work permit issued by school authorities and the student was actually on the job or traveling to or from the job site or program location.
(4) 
Any party claiming an affirmative defense hereunder shall have the duty to prove the same to the same standard of proof required of the plaintiff in prosecuting the action.
E. 
Penalties. A person who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.
F. 
Warning. The first time a child is detained by law enforcement officers for violation of this section, the parent, guardian, or person having legal custody may be advised as to the provisions of this section, and any violation of this section occurring thereafter by said child and parent, guardian, or person having legal custody shall result in a penalty being imposed in Subsection E above.
G. 
Suggested warning format.
Name:
The above-named juvenile was found in violation of the City of Weyauwega Daytime Curfew Ordinance. As parents or guardians responsible for such conduct and the welfare of this juvenile, you are hereby served this curfew violation notice setting forth the manner in which the law has been violated. The City of Weyauwega Daytime Ordinance States:
No child subject to compulsory school attendance shall be at any place within the City of Weyauwega, except in attendance at school or at the student's place of residence, during the hours when that student is required to be in attendance at either a public or private school as required by law, unless that child has written proof from school authorities excusing him/her from attending school at that particular time, or unless the student is accompanied by a parent, legal guardian or responsible adult selected by the parent or legal guardian who supervises the student.
Parental violation. Each parent or legal guardian of a student subject to the provisions of this ordinance shall have the duty to prevent that student from violating the provisions of this ordinance and each failure by that parent or guardian to do so is a separate offense. To knowingly permit such child to again violate the provisions of this ordinance, they shall be fined no more than $500 for each offense. If a child knowingly violates the provisions of this ordinance, the child shall be fined no more than $500 for each violation.
[Added 1-18-2021 by Ord. No. 2020-5]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
HARMFUL TO MINORS
Any reproduction, imitation, characterization, description, exhibition, presentation or representation, of whatever kind of form, depicting nudity, sexual conduct, or sexual excitement when it:
(1) 
Predominately appeals to prurient, shameful, or morbid interest;
(2) 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and
(3) 
Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
MINOR
Any person under the age of 18 years.
NUDITY
The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. A mother's breastfeeding of her baby does not under any circumstance constitute nudity, irrespective of whether or not the nipple is covered during or incidental to feeding.
B. 
A minor commits the offense of sexting if he or she knowingly:
(1) 
Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity, as defined above, and is harmful to minors, as defined above.
(2) 
Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity, as defined above, and is harmful to minors, as defined above. A minor does not violate this subsection if all of the following apply:
(a) 
The minor did not solicit the photograph or video.
(b) 
The minor took reasonable steps to report the photograph or video to a school or law enforcement official.
(c) 
The minor did not transmit or distribute the photograph or a video to a third party other than a law enforcement official.
(3) 
Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any text, correspondence, or message of a sexual nature when it:
(a) 
Predominately appeals to a prurient, shameful, or morbid interest;
(b) 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and
(c) 
Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
(4) 
Solicits the transmission or distribution of any text, correspondence, message, photograph or video from another minor that would itself be prohibited under this § 370-19.3 of the Municipal Code.
C. 
Any person who shall violate this section prohibiting sexting shall pay a forfeiture plus costs established in § 1-3 of the Weyauwega Municipal Code.
[Added 5-18-2026 by Ord. No. 2026-3]
A. 
Purpose and intent. Persons who have committed sexual crimes against children present a threat to the public safety. It is the intent of this section not to impose a criminal penalty but rather to serve the City's compelling interest in promoting, protecting and improving the health, safety and welfare of the children of the City by creating areas where certain sexual offenders cannot loiter.
B. 
Definitions. As used in this chapter and unless the context otherwise requires, the following terms shall have the meanings indicated:
CHILD/CHILDREN/MINOR
A person under the age of 18 years.
CRIME AGAINST CHILDREN
Any of the following offenses set forth within the Wisconsin Statutes, as amended, or any other laws of this state, any other state, or the federal governing similar in nature to the following where the basis for any such conviction was due to conduct committed against a child:
(1) 
§ 940.22(2) - Sexual Exploitation by Therapist;
(2) 
§ 940.30 - False Imprisonment Where Victim Was a Minor and Not the Offender's Child;
(3) 
§ 940.31 - Kidnapping Where Victim Was Minor and Not the Offender's Child;
(4) 
§ 944.01 - Rape (prior statute, now Wis. Stats., § 940.225);
(5) 
§ 944.06 - Incest;
(6) 
§ 944.10 - Sexual Intercourse With a Child (prior statute, now Wis. Stats., § 948.02);
(7) 
§ 944.11 - Indecent Behavior With a Child (prior statute, now Wis. Stats., § 948.02);
(8) 
§ 944.12 - Enticing Child for Immoral Purposes (prior statute, now Wis. Stats., § 948.07);
(9) 
§ 948.02(1) - First Degree Sexual Assault of a Child;
(10) 
§ 948.02(2) - Second Degree Sexual Assault of a Child;
(11) 
§ 948.025 - Engaging in Repeated Acts of Sexual Assault of the Same Child;
(12) 
§ 948.05 - Sexual Exploitation of a Child;
(13) 
§ 948.055 - Causing a Child to View or Listen to Sexual Activity;
(14) 
§ 948.06 - Incest With a Child;
(15) 
§ 948.07 - Child Enticement;
(16) 
§ 948.075 - Use of a Computer to Facilitate a Child Sex Crime;
(17) 
§ 948.08 - Soliciting a Child for Prostitution;
(18) 
§ 948.095 - Sexual Assault of a Student by School Instructional Staff;
(19) 
§ 948.11(2)(a) or (am) - Exposing Child to Harmful Material (felony sections);
(20) 
§ 948.12 - Possession of Child Pornography;
(21) 
§ 948.13 - Convicted Child Sex Offender Working With Children;
(22) 
§ 948.30 - Abduction of Another's Child;
(23) 
§ 971.17 - Not Guilty by Reason of Mental Disease, of an included offense; and
(24) 
§ 975.06 - Sex Crimes Law Commitment.
DESIGNATED OFFENDER
Any person: a) who is required to register under Wis. Stats., § 301.45 for any offense committed against a child; b) who is required to register under Wis. Stats., § 301.45 for any offense committed against a child and who has been designated a special bulletin notification (SBN) sex offender pursuant to Wis. Stats., § 301.46(2) and (2m); or c) any person who has been convicted or found delinquent or has been found not guilty by reason of disease or mental defect of any crime against children.
LOITER/LOITERING
Whether as an individual or within a group or crowd, to stand idly about, loaf, prowl, congregate, wander, stand, linger aimlessly, proceed slowly or with many stops, or to delay or dawdle without a legitimate purpose.
RESIDENCE
A place where a person sleeps, abides, lodges, or resides on a permanent or regular basis. For purposes of this definition, a permanent basis means 14 or more consecutive days and a regular basis means 14 or more aggregate days during any calendar year and four or more days in any month. A person may have more than one residence.
SEXUALLY VIOLENT PERSON
A person as defined in Wis. Stats., § 980.01(7), provided that the underlying behavior leading being defined as a sexually violent person was committed against a child.
C. 
Residency restriction.
(1) 
Except as provided in this section, It is unlawful for any designated offender to reside within 600 feet of any real property upon which there exists any of the following uses:
(a) 
A school for children;
(b) 
A public park, park facility, or pathway;
(c) 
A day care licensed by the State of Wisconsin;
(d) 
A public library;
(e) 
A public playground;
(f) 
A public athletic field used by children;
(g) 
A residential care for children;
(h) 
A public community center; or
(i) 
Any designated school bus stops (pickup and dropoff).
(2) 
For purposes of this section, distance is to be measured in a straight line from the closest boundary line of the real property upon which the sex offender's residence is located to the closest boundary line of the real property of the applicable use. A map depicting the above-enumerated uses and the resulting residency restriction distances shall be created annually. Such a map shall be the official map for purposes of this section until the next annual map I created and filed annually. The official map shall be on file in the office of the City Clerk for public inspection.
D. 
Loitering restriction.
(1) 
Except as otherwise provided in this section, it is unlawful for any designated offender to loiter within 600 feet of any school, licensed day care center, park, trail, playground, or any other place designated by the City as a place where children are known to congregate.
(2) 
It is also unlawful for any designated offender to participate in any holiday or community event in the City, located anywhere within the City, involving one or more children:
(a) 
By means of distributing candy or other items to minors on Halloween;
(b) 
By wearing a Santa Clause, Grinch or other holiday costume;
(c) 
By wearing an Easter Bunny or other similar costume; or
(d) 
By engaging in any other similar type(s) of activity that may, under the circumstances then present, entice, or may entice, a child to have contact with the designated offender.
E. 
Affirmative defenses. Notwithstanding Subsections C(1), (2), D(1) and (2) of this section, a person may prove, by clear and convincing evidence as an affirmative defense to prosecution for a violation of Subsections E(1) or (2), that the person resided or entered the restricted area or participated in a holiday or community event, as applicable:
(1) 
A designated offender residing in an area otherwise prohibited for residency by Subsection (C)(1) does not violate Subsection C(1) or (2) of this section, specifically if:
(a) 
The designated offender is required to serve a sentence at a jail, prison, juvenile facility, or other facility located at the otherwise prohibited location.
(b) 
The designated offender had established a residence at the location prior to the effective date of this section.
(c) 
The reason for the residency restriction, i.e., the type of property or use described in Subsection C(1), was established after the designated offender established a residence at the location and registered that residence as required by law.
(d) 
The designated offender is a minor or ward under guardianship.
(2) 
A designated offender does not violate the restrictions set forth in Subsection D(1) or (2) of this section if the designated offender is less than 600 feet of any school, licensed day care center, park, trail, playground or other place designated by the City as a place where children are known to congregate for any of the following reasons:
(a) 
To vote in a local, state, or national election or referendum;
(b) 
With the permission of the owner or occupant of the particular school, child care center, park playground, or licensed entertainment facility;
(c) 
With the intent to travel to a location outside the restricted area;
(d) 
To travel to or remain at land lawfully owned or occupied by the designated offender prior to the passage of this section or the date the school, child care center, park, playground or licensed entertainment facility was established;
(e) 
To obtain medical care or alcohol or drug treatment;
(f) 
To travel to or remain at a transitional living program operated by an entity that is tax exempt under IRC § 501(c)(3) and under contract with the Wisconsin Department of Corrections;
(g) 
To travel to or remain at a care and service residential facility properly licensed, certified, or registered under Chapter 50 of the Wisconsin Statutes; or
(h) 
To attend a holiday event in which the designated offender is the parent or legal guardian of the child or children involved and no other children are present.
F. 
Exemptions; application for exemptions.
(1) 
Any designated offender may seek an exemption from this chapter by filing an application with the City Council, which must contain a written statement describing all facts that may be relevant to the applicant's designation as a designated offender and the reason(s) for seeking an exemption. Such statements must be made under oath and notarized by a notary public.
(2) 
The City Council shall hold a hearing on each request for an exemption in order to conduct an individual risk assessment and otherwise analyze the request, during which the City Council may review any pertinent information and may accept oral and written statements from any person. The City Council shall consider the concerns of the applicant and of the public interest, giving the applicant a reasonable opportunity to be heard.
(3) 
Upon the consideration of the applicable facts and circumstances, the City Council shall determine whether the applicant would pose a threat to public safety and the safety of children if an exemption is granted. Factors the City Council will consider include, without limitation:
(a) 
Circumstances surrounding the offense, including the relationship of the designated offender and the victim, and the presence or use of enticement, if any;
(b) 
Time out of incarceration, if incarceration was imposed;
(c) 
History of compliance with conditions of probation or extended supervision as well as current supervision status;
(d) 
Criminal offenses or rule violations since the original offense and/or release date; and
(e) 
Counseling and treatment history.
(4) 
At the hearing, upon consideration of all materials and factors, the City Council shall decide, by majority vote, whether to grant or deny an exemption request, unless the decision is deferred to a later meeting for good cause. Any exemption granted under this section may be unconditional or specific. In the case of a denial, as soon as possible after the denial, the City Council shall provide a written copy of its decision, including the reasons for denying the exemption, to the applicant and to the Police Department for its information.
G. 
Severability. Should any section, paragraph, sentence, clause or phrase of this section be declared unconstitutional or invalid, or be repealed, such declaration, ruling or repeal shall not affect the validity of this chapter as a whole, or any part thereof, other than the part so declared to be unconstitutional, invalid or repealed.
H. 
Harassment prohibited. It is a violation of this chapter for any person to use any information gathered or disseminated by the City pursuant to this chapter to injure, harass or otherwise commit any civil forfeiture or criminal act against any designated offender or any other person within the City.
I. 
Penalties. Violations of this chapter shall constitute public nuisances and prosecuted as such pursuant to Weyauwega City Ordinance, § 357-8. In addition to any such penalties provided by that ordinance, the City may pursue civil action to abate and enjoin such nuisance.