Village of Wrightstown, WI Chapter 139 Peace and Good Order

[HISTORY: Adopted by the Village Board of the Village of Wrightstown 10-5-1976 by Ord. No. 1-76 as Ch. 9 of the 1976 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Adult entertainment — See Ch. 68.

Intoxicating liquor — See Ch. 115.

Nuisances — See Ch. 130.

Parks and recreation areas — See Ch. 135.

Solid waste and recycling — See Ch. 165.

Disorderly conduct with a motor vehicle — See Ch. 185, § 185-5.

§ 139-1 Purpose; adoption of statutory provisions.

[Amended 5-9-1995 by Ord. No. 050995C; 11-30-1999 by Ord. No. 113099B; 4-21-2009 by Ord. No. 04212009; 6-15-2010 by Ord. No. 06152010A; 5-4-2021 by Ord. No. 05042021]

The purpose of this chapter is to repeal the previous ordinance dated February 1, 1976, and create a newer ordinance reflecting the changes in Wisconsin law. The following statutes, defining offenses against the peace and good order of the state, are adopted by reference to define offenses against the peace and good order of the Village, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, General Provisions, § 1-18:

Section	Title
101.123[1]	Smoking prohibited
106.04[2]	Equal rights
110.075(7)	Producing, manufacturing or using inspection sticker fraudulently
134.06	Bonus to chauffeur for purchases, forbidden
134.66	Restrictions on sale or gift of cigarettes or tobacco products
167.10	Regulation of fireworks
175.25	Storage of junked automobiles
218.01(7a)[3]	Motor vehicles
218.01(7b)	Purchase or lease of motor vehicle by minor
254.76	Causing fires by tobacco smoking
254.92	Purchase or possession of cigarettes or tobacco products by minors
285.30(2)	Motor vehicle emissions limitations; inspections
938.983[4]	Purchase or possession of tobacco products prohibited
939.05	Parties to crime
939.32	Attempt
940.19(1)	Battery; Class A misdemeanor
940.20	Battery; Special circumstances
940.225(3m)	Fourth degree sexual assault
941.01	Negligent operation of vehicle
941.10	Negligent handling of burning material
941.12(2); 941.12(3)	Interfering with fire fighting
941.13	False alarms
941.20	Endangering safety by use of dangerous weapon
941.23	Carrying concealed weapon
941.235	Carrying firearm in public building
941.24	Possession of switchblade knife
941.36	Fraudulent tapping of electric wires or gas or water meter pipes
941.37	Obstructing emergency or rescue personnel
942.01	Defamation
942.03	Giving false information for publication
942.05	Opening letters
942.06	Use of polygraphs and similar tests
943.01(1)	Damage to property (less than $200)
943.012	Criminal damage to or graffiti on religious and other property
943.07	Criminal damage to railroads
943.11	Entry into locked vehicle
943.125	Entry into locked coin box
943.13	Trespass to land
943.14	Criminal trespass to dwellings
943.145	Criminal trespass to a medical facility
943.15	Entry onto a construction site or into a locked building, dwelling or room
943.20	Theft (less than $500)
943.21	Fraud on hotel or restaurant keeper or taxicab operator
943.22	Use of cheating tokens
943.225	Refusal to pay for a motor bus ride
943.23	Operating vehicle without owner's consent
943.24	Issue of worthless check
943.34	Receiving stolen property
943.37	Alteration of property identification marks
973.38(3)	Forgery
943.41(2), (3)(a)-(d), (4)(b), (5) (6)(a), (b) and (d)	Financial transaction card crimes
943.45	Theft of telecommunications service
943.46	Theft of cable television service
943.47	Theft of satellite cable programming
943.50	Retail theft
943.55	Removal of shopping cart
943.61	Theft of library material
943.70	Computer crimes
944.15	Fornication
944.17	Sexual gratification
944.20	Lewd and lascivious behavior
944.21	Obscene material or performance
944.23	Making lewd, obscene or indecent drawings
944.30	Prostitution
944.31	Patronizing prostitutes
944.33	Pandering
944.34	Keeping place of prostitution
944.36	Solicitation of drinks prohibited
945.02	Gambling
945.03	Commercial gambling
945.04	Permitting premises to be used for commercial gambling
946.40	Refusing to aid officer
946.41	Resisting or obstructing officer
946.42	Escape
946.44	Assisting or permitting escape
946.65	Obstructing justice
946.67	Compounding crime
946.69	Falsely assuming to act as public officer or employee or a utility employee
946.70	Impersonating peace officers
946.72	Tampering with public records and notices
947.01	Disorderly conduct
947.012	Unlawful use of telephone
947.013	Harassment
947.015	Bomb scares
947.02(3), 947.02(4)	Vagrancy
947.04	Drinking in common carriers
947.06	Unlawful assemblies and their suppression
948.015	Other offenses against children
948.10	Exposing genitals or pubic area
948.11	Exposing a child to harmful material
948.21	Neglecting a child
948.40	Contributing to the delinquency of a child
948.45	Contributing to truancy
948.51	Hazing
948.60	Possession of a dangerous weapon by a person under 18
948.61	Dangerous weapons other than firearms on school premises
948.63	Receiving property from a child
951.01 to 951.16	Crimes against animals
961.14(3); 961.41	Prohibited acts A -- Penalties

[1] Editor's Note: Ordinance No. 06152010A, adopted 6-15-2010, provided that 2009 Wisconsin Act 12, regarding indoor smoking, is effective 7-5-2010.

[2] Editor's Note: Former § 106.04, Wis. Stats., relating to employment programs, was renumbered and amended by 1999 Act 82, §§ 38 to 92. eff. May 6, 2000.

[3] Editor's Note: Section 208.01 was renumbered in part and repealed in part by 1999 Act 31, §§ 14 to 283, eff. April 19, 2000.

[4] Editor's Note: Section 938.983 was renumbered in part and repealed in part by 1999 Act 9, §§ 3176m to 3176t, eff. October 29, 1999.

§ 139-2 Firearms.

No person except an authorized police officer shall discharge any firearm within the Village or have any firearm in his or her possession within the Village unless it is unloaded and knocked down and enclosed in a carrying case or other suitable container, provided that the Board may issue permits to a duly organized gun club to engage in target practice within the Village at times and places designated by the Chief of Police.

§ 139-2.1 Firearms restricted in certain Village buildings.

[Added 12-20-2011 by Ord. No. 12202011]

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

FIREARM

A weapon that acts by force of gunpowder.

LAW ENFORCEMENT

Any person employed by the State of Wisconsin or any political subdivision of this state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce.

WEAPON

A handgun, an electronic weapon as defined at § 941.295, Wis. Stats., a knife other than a switchblade under § 941.24, 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 municipal buildings while carrying a weapon or a firearm:

(1) Village Hall.

(2) Village Fire Station.

(3) Department of Public Works Administration Building.

C. Signs meeting the requirements of § 943.13(2)(am) Subdivision 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 Village building contrary to such signage shall be considered a trespasser subject to penalty as provided in Chapter 1, General Provisions, § 1-18, and in the forfeiture amounts as provided for in the bond schedule for the Village of Wrightstown Municipal Court.

§ 139-3 Shooting of arrows, stones and other missiles.

No person shall throw or shoot any object, arrow, stone, snowball or other missile or projectile, by hand or by any other means, at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the Village.

§ 139-4 Fireworks.

Section 167.10 of the Wisconsin statutes regulating the sale and use of fireworks exclusive of any penalty imposed thereby is adopted by reference and made a part of this section as though set forth in full.

§ 139-5 Obstructing streets and sidewalks.

No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Village in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place.

§ 139-6 Loud and unnecessary noise prohibited.

[Amended 8-17-2004 by Ord. No. 08172004]

A. It shall be unlawful for any person to make, continue or cause to be made or continued any loud and unnecessary noise.

(1) 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:

(a) Horns, 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 Village for longer than three seconds in any period of one minute or less, except as a danger warning; the creation of any unreasonable 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.

(b) Radios, phonographs, similar devices. The using, operating or permitting to be played, used or operated 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 between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible at the property line of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

(c) Loudspeakers, 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.

(d) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(e) 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 9:00 p.m. on weekdays; provided, however, the Chief of Police shall have the authority, upon determining that the loss of 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. and 7:00 a.m.

(f) Schools, courts, churches. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, which unreasonably interferes with the normal operation of that institution, provided that conspicuous signs are displayed in those streets indicating a school or court.

(g) The provisions of this section shall not apply to:

[1] Any vehicle of the Village while engaged in necessary public business.

[2] Excavations or repairs of streets or other public construction by or on behalf of the Village, county, or state at night when public welfare and convenience renders 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.

(2) Stationary noise limits.

(a) Maximum permissible sound levels.

[1] Noise from a stationary source shall not exceed the following standards for maximum sound pressure levels measured at the property line:

	Zone	Noise Rating - Daytime	Noise Rating - Nighttime
	Residential	75 db	65 db
	Commercial	85 db	75 db
	All other zones	75 db	75 db

[2] Ambient noise is the all-encompassing noise associated with a given source, usually being a composite of sounds with many sources near and far, but excluding the noise source being measured. Ambient noise is a factor and the subject noise shall not exceed the ambient noise by 5 db in any octave band to be designated excessive.

[3] Pure tones and impulsive noises are factors. Five noise rating numbers shall be taken from the table as listed in Subsection A(2)(a)[1], if the subject noise consists primarily of a pure tone or if it is impulsive in character.

(b) Construction noise. Construction equipment in any zone may be operated between the hours of 7:00 a.m. and 9:00 p.m., provided that said equipment does not exceed a maximum sound level of 80 db(a) measured at the property line of the location at which said equipment is in use.

(c) Noise in residential districts. In residential zones, the person in violation of this section shall be ordered to reduce the sound pressure to acceptable levels immediately by the monitoring officer.

(d) Operation of certain equipment. Lawnmowers, chainsaws, powered garden equipment, snowblowers, electric insect killing/repelling devices, and other nonconstruction maintenance equipment shall be operated only during the hours of 7:00 a.m. and 9:00 p.m. unless within the specified noise levels measured at the property line of the location at which said equipment is in use.

(e) Exemptions. Operations of emergency equipment shall be exempt from this chapter. Snowblowers not operated on a commercial basis shall be exempt from this chapter when used to gain access to a Village street. Emergency equipment shall include ambulance, police, fire, snow removal, civil defense sirens, etc., necessary for the health, safety, and protection of the citizens of the Village.

(f) Methods of measuring noise.

[1] Noise levels shall be made with a sound level, or decibel, meter.

[2] Noise measurement shall be made at the nearest lot line of the premises from which a noise complaint is received. The decibel meter shall be placed at a height of at least three feet above the ground and at least three feet away from walls, barriers, obstructions, and all other sound-reflective surfaces.

(g) Appeals. The Village Board may grant an exemption to individuals proving evidence of substantial hardship. Evidence that reasonable technological attempts have been made to correct the problem shall be considered grounds for granting an exemption to this chapter for existing industries.

(3) Permits for amplifying devices.

(a) Permit required. The use of loudspeakers or amplifying devices on the streets or in the parks of the Village of Wrightstown is prohibited unless the party desiring to use such loudspeaker or amplifying device first obtains a permit from the Village of Wrightstown.

(b) The Police Department shall have the authority to revoke such a permit when the belief that the loudspeaker or amplifying device is becoming a nuisance because of the volume, method in which it is being used or the location in which it is being operated.

(c) The Village shall not grant a permit to use a loudspeaker or amplifying device before the hours of 9:00 a.m. or after 11:00 p.m. No permit shall be granted to anyone who, in the opinion of the Police Department, uses said loudspeaker or amplifying device in such a manner or for such a purpose as to constitute a nuisance.

B. Operation of motor vehicles. No person shall operate a motor vehicle so as to cause the tires thereof to squeal, the horn to blow excessively or the motor to race excessively.

§ 139-7 Loitering.

A. Loitering or prowling. No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or herself or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace 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 or her to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.

B. Obstruction of highway by loitering. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.

C. Obstruction of traffic by loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public place within the Village in such manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, sidewalks, street crossings and bridges or other public places by persons passing along and over the same.

D. Loitering after being requested to move. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks or adjacent doorways or entrances, street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant, after being requested to move by any police officer or by any person in authority at such places.

E. Loitering in public places. No person shall loiter, lounge or loaf in and about any depot, theater, dance hall, restaurant, store, church, church parking lot, school, school parking lot, public sidewalk, public parking lot or other place of assembly or public use after being requested to move on by any police officer. 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.

[Amended 8-18-1998 by Ord. No. 081898B]

§ 139-8 Indecent conduct and language.

No person shall use any indecent, vile, profane or obscene language or conduct himself or herself in any indecent, lewd, lascivious or obscene manner within the Village.

§ 139-9 Animals.

[Amended 8-16-1994 by Ord. No. 081694B]

A. No person who owns, harbors or keeps a dog, horse, cow, sheep, swine or any fowl shall permit the same to run at large within the Village at any time. For the purpose of this section, the phrase "running at large" includes all places within the Village except the owner's premises and all streets, alleys, sidewalks or other public property which may abut on the owner's premises.

B. No person shall own, harbor or keep more than three cats that are more than three months of age except in a place or places where animals are impounded by the Village. If a total of more than three cats are owned, harbored or kept in or by any one household, the head of the household shall be deemed the person so owning, harboring or keeping said cats, not withstanding that the cat may be owned by other members of the household.

§ 139-10 Waste of animals at large.

A. No person who has custody of a dog, cat or other animal shall walk or escort such animal off the property of the owner or custodian without being on a leash of sufficient strength to control the action of the animal and with such other personal attention as will reasonably control the conduct and actions of the animal.

B. It is unlawful for any person who has custody of a dog, cat or other animal to permit such animal to defecate upon any property other than that of its owner or custodian unless the owner or custodian immediately thereafter cleans up and removes such animal excreta from such property.

C. No owner or person in custody of an animal shall permit more than 24 hours' accumulation of such animal's manure to remain on property not described in this section.

D. No person who has custody of a dog, cat or other animal shall walk or escort such animal off the property of the owner or custodian unless the person is in possession of equipment to clean up any defecation which may be deposited by such animal.

E. Any person violating these provisions may, upon conviction, be subject to the penalty as provided in the Village of Wrightstown Bond Schedule.[1] Each violation and each day a violation continues or occurs shall constitute a separate offense.

[Added by 12-4-1990 by Ord. No. 120490; amended 5-2-2006 by Ord. No. 05022006A]

[1] Editor's Note: The Bond Schedule is on file in the Village offices.

§ 139-11 Storage of property.

A. No person shall store or accumulate junked, old, unused, stripped or discarded property, including refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or any other personal property which is no longer safely usable for the purposes for which it was manufactured, except in an enclosure which houses such property from public view or upon permit issued by the Village Board. Such storage or accumulation within the Village is declared a nuisance and dangerous to the public health, safety and well-being.

[Amended 5-20-2014 by Ord. No. 05202014]

(1) Contents of permit; revocation. The permit issued by Village Administration shall be signed by the Village Administrator and Clerk-Treasurer and shall specify the quantity and manner of storing such junked property as noted in Subsection A above. Such permit shall be revocable by the Village Board, after notice and a hearing at which it is established that the permit holder has failed or refused to comply with any ordinance or restriction for the storage of such junked property. No permit shall be revoked except upon complaint, in writing, signed and verified by the Village Administrator or other complainant. Such complaint shall state the nature of the alleged failure to comply with such ordinance or regulation. A copy of the complaint, together with a notice of hearing, shall be served upon the permit holder not less than 10 days previous to the date of hearing.

B. The owner and occupants of any lot upon which such accumulation or storage is made, and also the owner and lessee of such personal property involved in such storage, all of whom are hereinafter referred to collectively as "owners" shall jointly and severally abate the nuisance by promptly removing such personalty into completely enclosed buildings authorized to be used for such storage purposes, after the same can be found within the Village, or otherwise remove such personalty to a location outside the Village.

C. If the owners fail to abate the nuisance, the Village shall remove such personalty to a location of its election, and the expense thereof shall be billed to the owners, jointly and severally, which bill shall be recoverable in an action at law. When such personalty has been removed and placed in storage by the Village, such personalty shall be sold by the Village in accordance with W.S.A. s. 66.28 or any other applicable law. If the proceeds of such sale are insufficient to pay the cost of abatement, the owner shall be jointly and severally liable to the Village for the balance of the cost to be recoverable in an action at law. If the proceeds are in excess of cost, the balance shall be paid to the owners or deposited with the Village Clerk-Treasurer for their use.

§ 139-12 (Reserved) [1]

[1] Editor's Note: Former § 139-12, Inoperable vehicles, was repealed 5-20-2014 by Ord. No. 05202014.

§ 139-13 Abandoned vehicles.

[Amended 12-28-1995 by Ord. No. 122895A; 8-18-1998 by Ord. No. 081898C; 4-5-2004 by Ord. No. 04052004]

A. Storage of automobiles restricted. No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers, farm machinery, vehicle parts or tires shall be stored upon private residential property or unenclosed within a building upon nonresidential property within the Village of Wrightstown for a period exceeding 10 days unless it is in connection with a licensed junk dealer located in a properly zoned area maintained in such a manner as to not constitute a public nuisance.

B. Definitions:

(1) The term "disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers," as used in this section, is defined as follows: motor vehicles, recreational vehicles, truck bodies, tractors, farm machinery or trailers in such state of physical or mechanical ruin as to be incapable of propulsion, being operated upon the public streets or highways or which is otherwise not in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates or other defects.

(2) The term "unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers," as used in this chapter, is defined as follows: motor vehicles, truck bodies, tractors, recreational vehicles or trailers which do not bear lawful current license plates.

(3) The term "motor vehicle" is defined in § 340.01(35), Wisconsin Statutes.

C. Exceptions. This section shall not apply to any motor vehicle or motor vehicle accessories stored within an enclosed building or on the premises of a business enterprise operated in a lawful place and manner in a properly zoned area when necessary to the operation of a licensed junk dealer, in a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers, provided such vehicles are stored in compliance with the ordinances of the Village. Also excepted are motor vehicles registered pursuant to §§ 341.265 and 341.266, Wisconsin Statutes.

[Amended 5-20-2014 by Ord. No. 05202014]

D. Enforcement.

(1) Whenever the Police Department shall find any vehicles, vehicle parts or tires, as described herein, placed or stored in the open upon private property within the Village, it shall notify the owner of said property on which said vehicle is stored of the violation of this section. If said vehicles or part thereof is not removed within five days, the Police Department shall cause to be issued a citation to the property owner or tenant of the property upon which said vehicle is stored.

(2) If such vehicle is not removed within 20 days after issuance of a citation, the Chief of Police shall cause the vehicle to be removed and impounded, and it shall thereafter be disposed of as prescribed in Subsection E. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle cannot readily be found, the cost of such removal shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.

E. Disposal.

(1) Vehicle's value exceeding $100.

(a) If the Chief of Police or his or her duly authorized representative determines that the value of the abandoned vehicle exceeds $100, he or she shall notify the owner and lienholders of record by certified mail that the vehicle has been redeemed by the Village and may be reclaimed within 15 days upon payment of accrued towing, abandoned and impounded storage and notice charges, and if not so reclaimed shall be sold.

(b) If an abandoned vehicle exceeding $100 in value is not reclaimed within the period and under the conditions as provided above, it may be sold at private sale.

(c) After deducting the expense of impoundment and sale, the balance of the proceeds, if any, shall be paid into the Village treasury.

(2) Vehicle value less than $100. Any abandoned vehicle which is determined by the Chief of Police or his or her duly authorized representative to have a value less than $100 may be disposed of by direct sale to a licensed salvage dealer upon determination that the vehicle is not reported stolen.

(3) The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impounding and disposing of the vehicle. Costs not recovered from the sale of the vehicle may be recovered in a civil action by the Village against the owner.

(4) Within five days after the sale or disposal of a vehicle as provided in Subsection E(1) and (2), the Chief of Police or his or her duly authorized representative shall advise the Wisconsin Department of Transportation, Division of Motor Vehicles, of such sale or disposition on a form supplied by the Division. A copy of such form shall also be given to the purchaser of the vehicle. A copy shall also be retained on file in the Village.

F. Penalty. Any person who shall interfere with the enforcement of any of the provisions of this section and shall be found guilty thereof shall be subject to a penalty as provided in § 1-18. Each motor vehicle involved shall constitute a separate offense.

§ 139-14 Littering.

No person shall throw any glass, refuse or waste, filth or other litter upon the streets, alleys, highways, public parks or other property of the Village or upon any private property or upon the surface of any body of water within the Village.

§ 139-15 Interference with Village officers.

No person shall resist or in any way interfere with any officer of the Village while such officer is doing any act in his or her official capacity and with lawful authority or shall refuse to assist an officer in carrying out his or her duties when so requested by the officer.

§ 139-16 Open burning.

[Amended 8-16-1994 by Ord. No. 081694A; 11-4-1997 by Ord. No. 110497; 2-17-2003 by Ord. No. 02172003A; 3-1-2022 by Ord. No. 03012022A]

No combustible materials, waste, rubbish, grass, leaves, construction debris or other refuse shall be burned outdoors in the Village at any time or any place whatever except as follows:

A. (Reserved)

B. Nothing in this section is intended to prohibit the operation of outdoor grills or fireplaces for outdoor cooking nor shall recreational fires (campfires) be prohibited as long as they do not exceed 36 inches in diameter.

C. Nothing in this section shall prohibit the burning of leaves in the months of April, May, October and November, provided that the burning is done in a safe and proper manner and a burning permit is obtained and is restricted to between the hours of 1:00 p.m. and 9:00 p.m.

D. The Fire Inspector of the Village of Wrightstown has the authority to enforce the provisions of this section.

E. Any violation of the provisions of this section is punishable by the forfeitures in Chapter 1, General Provisions, § 1-18.

F. The Fire Inspector has the authority to revoke any burning permit at any given time without notice due to safety concerns, weather-related issues, or any other issues that they see fit.

G. Any violation of the provisions of this section is punishable by the forfeiture in Chapter 1, General Provisions, § 1-18.

§ 139-17 Open cisterns, wells, basements or excavations.

No person shall have or permit on any premises owned or occupied by him or her any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fastened in such manner as to prevent injury to any person, and any cover shall be of a design, size and weight that the same cannot be removed by small children.

§ 139-18 Discarded ice boxes and refrigerators.

No person shall leave or permit to remain outside of any dwelling, building or other structure or within any unoccupied or abandoned building, dwelling or other structure under his or her control in a place accessible to children any abandoned, unattended or discarded ice box, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside without first removing such door or lid, snap lock or other locking device from such ice box, refrigerator or container unless such container is displayed for sale on the premises of the owner or his or her agent and is securely locked or fastened.

§ 139-19 Curfew.

A. Loitering of minors prohibited. No minor person under the age of 18 years shall loiter, idle, wander or play either on foot or in a vehicle upon the streets, alleys, highways, roads, sidewalks, parks, playgrounds, public grounds, vacant lots or other unsupervised places in the Village between 10:00 p.m. and 6:00 a.m. unless accompanied by a parent, guardian or other adult person having care and custody of the minor.

[Amended 9-15-1998 by Ord. No. 091598; 6-19-2001 by Ord. No. 06192001]

B. Responsibility of parents, guardians, etc. No parent, guardian or other adult person having the care and custody of a minor person under 18 years of age shall knowingly permit such minor to loiter, idle, wander or play either on foot or in a vehicle upon the streets, alleys, highways, roads, sidewalks, parks, playgrounds, public grounds, vacant lots or other unsupervised places of the Village between 10:00 p.m. and 6:00 a.m. unless accompanied by a parent, guardian or another adult person having care and custody of the minor.

[Amended 9-15-1998 by Ord. No. 091598; 6-19-2001 by Ord. No. 06192001]

C. Penalties.

(1) Any minor violating the provisions of Subsection A for the first time shall be warned of the penalty for second and subsequent violations by any police officer of the Village and shall be taken and delivered by such officer to the custody of the person having legal custody over the minor. A record of such violation shall be made and filed in the records of the Village Police Department. Any minor found violating the provisions of Subsection A a second or subsequent time shall be dealt with under Chapter 48 of the Wisconsin Statutes.

(2) Any person who shall violate Subsection B shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18.

§ 139-20 Juvenile drinking offenses.

A. Possession of alcoholic beverages by minors. No underage person shall procure, seek to procure, knowingly possess or consume any intoxicating liquor or fermented malt beverages within the Village, except that fermented malt beverages may be consumed with the permission of, and while under the immediate supervision of, a parent or guardian.

B. Possession of false identification. No underage person shall knowingly possess identification that has been altered so as to be untrue or inaccurate, nor shall any underage person present as identification, for purposes of procuring or seeking to procure intoxicating liquor or fermented malt beverages, a document that is not a true and accurate identification of such person.

C. Penalties. Any person who violates the provisions of this section shall, upon conviction thereof, be subject to a penalty as provided in the Village of Wrightstown Bond Schedule.[1] If any person fails to pay the forfeiture imposed, the court may suspend any driver's license or operating privilege pursuant to W.S.A. s. 938.17.

[Amended 11-30-1999 by Ord. No. 113099B; 5-2-2006 by Ord. No. 05022006A]

[1] Editor's Note: The Bond Schedule is located at the end of Ch. 1, General Provisions.

§ 139-21 Public health nuisances and unfit dwellings. [1]

[Added 12-27-1994 by Ord. No. 122794B]

A. Public health nuisance.

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

HUMAN HEALTH HAZARD

A substance, activity or condition that is known to have the potential to cause acute or chronic illness or death if exposure to the substance, activity or condition is not abated.

IMMEDIATE HUMAN HEALTH HAZARD

A condition that exists, or has the potential to exist, which should, in the opinion of the Village Zoning Administrator, be abated or corrected immediately, or at least within a twenty-four-hour period, to prevent possible severe damage to human health or the environment.

POLLUTION

The contaminating or rendering unclean or impure the air, land or waters in the Village, or making the same injurious to public health, harmful for commercial or recreational use or deleterious to fish, bird, animal or plant life as defined in W.S.A. s. 285.01.

[Amended 11-30-1999 by Ord. No. 113099B]

PUBLIC NUISANCE

A thing, act, condition or use of property which continues for such length of time as to:

(a) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public or to cause, or is known to have the potential to cause, a serious health hazard.

(b) In any away render the public insecure in life or in the use of property.

TOXIC AND HAZARDOUS MATERIALS

Any chemical or biological material that is stored, used or disposed of in such quantity or manner that it is or has the potential to create a public health hazard.

VILLAGE ZONING ADMINISTRATOR

The Village of Wrightstown Zoning Administrator.

(2) Public health nuisance prohibited. No person shall erect, create, cause, continue, maintain or permit any public nuisance within the Village. Any person who shall cause, create or maintain a nuisance or who shall in any way aid or contribute to the causing, creating or maintenance thereof shall be guilty of a violation of this subsection and shall be liable for all costs and expenses attendant upon the removal and correction of such a nuisance and to the penalty provided in Chapter 102, Fees and Penalties.

(3) Public nuisances affecting health. The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances coming within the definition of Subsection A(1):

(a) Unburied carcasses. Carcasses or animal, birds or fowl not intended for human consumption or food which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.

(b) Breeding areas for vermin, etc. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease carrying insects, rats or other vermin can breed.

(c) Water pollution. The pollution of any well or cistern, stream, lake, canal or other body of water by sewage, industrial wastes, fertilizers and toxic pesticides, or other substances harmful to human beings.

(d) Noxious odors, etc. Any use of property, substances or things within the Village emitting or causing any loud, offensive, noisome, noxious or disagreeable odors, gases, affluent or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Village.

(e) Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the Village in such quantities as to endanger the health of persons of ordinary sensibilities.

(f) Animal waste. Accumulations of the bodily waste from all domestic animals and fowl that are handled, stored or disposed of in a manner that creates a health hazard to any appreciable number of persons within the Village.

(g) Toxic and hazardous materials. Any chemical and/or biological material that is stored, used or disposed of in such quantity or manner that it is or has the potential to create a public health hazard.

(h) Wastewater. The presence of wastewater or sewage effluent from buildings on the ground surface, backing up into the building and/or running into a surface water body caused by a damaged, malfunctioning, improperly constructed or inadequately maintained private on-site waste disposal system or private sewage lateral connected to a public sewer system. Also any wastewater or sewage effluent that is not handled and disposed of in compliance with applicable Village, county and state codes.

(i) Hazardous conditions. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.

(j) Groundwater pollution. Addition of any chemical or biological substance that would cause groundwater to be unpalatable or unfit for human consumption. These substances include, but are not limited to, the chemical and/or biological substances listed in Chapter NR 109, Wisconsin Administrative Code, titled "Safe Drinking Water."

(4) Coordination with state and other county, city, Village and town agencies. Where nuisances, as specified in Subsection A(1) and (3), involve a noncompliance with a state-enforced Administrative Code, the Village Zoning Administrator or his or her designee shall coordinate and/or refer this complaint to the appropriate state agency for abatement and/or correction. If the nuisance continues without adequate enforcement from the state agency to cause its abatement and/or correction, then the Village Zoning Administrator or his or her designee may initiate action under this subsection to bring about abatement and/or correction in coordination with other state, county, city and/or Village enforcement agencies.

(5) Actions against agricultural uses. Nuisance enforcement against agricultural uses is not intended, nor is agricultural production to be hampered by these regulations. Local units of government utilization of their zoning powers can best prevent conflicts arising between agricultural activities and other activities as is set forth in the legislative purpose in W.S.A. s. 823.08, relating to public nuisances.

B. Designation of unfit dwellings.

(1) Any dwelling or dwelling unit found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Village Zoning Administrator:

(a) One which is so damaged, decayed, dilapidated, insanitary, unsafe or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public.

(b) One which lacks sanitation facilities adequate to protect the health or safety of the occupants or of the public.

(c) One which, because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public.

(d) One which, because of its condition, has been implicated as the source of a confirmed case of lead or asbestos.

(2) No persons shall continue to occupy, rent or lease quarters for human habitation which are declared unfit for human habitation by the Village Zoning Administrator. For the purpose of this subsection, "unfit for human habitation" means lacking potable water, a properly designed and functioning septic system, and an adequate and functioning heating system.

(3) Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Village Zoning Administrator, shall be vacated within a reasonable time, as specified by the Village Zoning Administrator.

(4) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall be again used for human habitation until written approval is secured from, and such placard is removed by, the Village Zoning Administrator. The Village Zoning Administrator shall remove such placard whenever the defect or defects upon which the condemnation and placarding were based have been eliminated.

(5) No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation.

(6) Any person affected by any notice or order relating to the condemning or placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing in the matter before the Village Zoning Administrator.

(7) Whenever the Village Zoning Administrator determines that a violation exists or has reasonable grounds to believe that there has been a violation of any provision of this subsection, or any rule and regulation adopted pursuant thereto, he or she shall give or cause to be given notice of such violation or alleged violation to the person or persons responsible therefor; such notice shall be in writing, including a description of the real estate involved, a statement of violations and corrective actions required and allowing a reasonable time for the performance of any act required. Such notice shall be served upon the owner, operator or occupant as the case may require and may be served by ordinary mail or in the manner provided by the Wisconsin statutes for the service of summons. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this subsection and with rules and regulations adopted pursuant thereto. For each day which elapses after the allowance of a reasonable time for the performance of corrective acts required or of any other acts of compliance, there is a violation which subjects the person, owner or occupant to forfeitures as set forth in Chapter 102, Fees and Penalties.

(8) Any person affected by any notice or order relating to a dwelling or dwelling unit under the provisions of this chapter may request, and shall be granted upon request, a hearing in the matter before the Board of Health.

C. Penalty. Any person who violates any provision of this section, upon conviction, shall forfeit an amount as provided in Chapter 102, Fees and Penalties. For purposes of this section, each day during which a violation exists shall constitute a separate violation. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this chapter.

[1] Editor's Note: See also Ch. 130, Nuisances.

§ 139-22 Tobacco products.

[Added 7-15-1996 by Ord. No. 071596A; amended 4-21-2009 by Ord. No. 04212009; 4-6-2016 by Ord. No. 04062016A; 4-3-2019 by Ord. No. 04032019B]

A. Definitions.

(1) The terms defined in Wis. Stats., §§ 134.66(1) and 254.911, which are used in this section shall have the same definitions as contained in those statutes.

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

MINOR

An individual who is less than 18 years of age.

USE OF TOBACCO OR VAPOR PRODUCT

To smoke, chew, suck, inhale, or otherwise consume a tobacco or vapor product.

VAPOR PRODUCT

Any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in an e-cigarette, e-cigar, e-cigarillo, e-pipe, or similar product or device for the purpose of simulating smoking. Further, a vapor product is a noncombustible product that may contain nicotine and that employs a heating element, power source, chemical or mechanical means, regardless of shape or size that can be used to produce vapor or aerosol from a solution or other substance.

B. License for retail sales.

(1) No person shall in any manner, or upon any pretense, or by any device, directly or indirectly sell, expose for sale, possess with intent to sell, exchange, barter, dispose of or give away any cigarettes, tobacco or vapor products to any person not holding a license as herein provided or a permit under §§ 139.30 through 139.41 or 139.79, Wisconsin Statutes, without first obtaining a license from the Clerk-Treasurer of the Village of Wrightstown.

(2) No license will be issued unless the applicant specifies in the license application whether the applicant will sell, exchange, barter, dispose of, or give away the cigarette, tobacco or vapor products over the counter or in a vending machine, or both.

(3) Upon the filing of a proper written application, a license shall be issued by the Village Clerk-Treasurer under the authority of the Village Board, and a license fee shall be paid to the Village Clerk-Treasurer before the license is issued. This license fee shall be set forth in Chapter 102, Fees and Penalties, for the licensing period beginning July 1 of each year and continue in force until the following June 30 unless sooner suspended, canceled, revoked or surrendered.

(4) Each such license shall name the licensee and specifically describe the premises where such business is to be conducted. Such licenses shall not be transferable from one person to another nor from one premises to another.

(5) Every licensed retailer shall keep complete and accurate records of all purchases and receipts of cigarettes, tobacco, and vapor products. Such records shall be preserved on the licensed premises for two years in such a manner as to ensure permanency and accessibility for inspection and shall be subject to inspection at all reasonable hours by authorized state and local law enforcement officials.

(6) The provisions for training under Wis. Stats. § 134.66(2m) as amended or modified from time to time is hereby incorporated by reference.

C. Restrictions on sale or gift of cigarettes or tobacco products, in accordance with Wis. Stats., § 134.66.

(1) No retailer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes, nicotine products, tobacco, or vapor products to any person under the age of 18, except as provided in § 254.92(2)(a), Wis. Stats. A vending machine operator is not liable under this subsection for the purchase of cigarettes, nicotine products, tobacco, or vapor products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.

(2) No retailer, direct marketer, manufacturer, distributor, job, subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, job or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes, nicotine products, tobacco, or vapor products to any person except in a place where no person younger than 18 years of age is present or permitted to enter, unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.

(3) A retailer shall post a sign in areas within his or her premises where cigarettes, tobacco, or vapor products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under Wis. Stats. §§ 134.66 and 254.92.

(4) A vending machine operator shall attach a notice in a conspicuous place that the purchase of any cigarette, tobacco, or vapor product by a person under the age of 18 is unlawful under Wis. Stats. § 254.92 and that the purchaser is subject to a forfeiture not to exceed $50.

(5) A retailer or vending machine operator may not sell cigarettes, tobacco, or vapor products from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 18 years of age is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.

(6) Notwithstanding Subsection C(5), no retailer may place a vending machine within 500 feet of a school.

(7) No retailer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under Wis. Stats. § 139.32(1).

(8) Defense, sale to minor. Proof of all of the following facts by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, or an agent or employee of an independent contractor who sells cigarettes, tobacco, or vapor products to a person under the age of 18 is a defense to any prosecution for a violation of Subsection C(1):

(a) That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card.

(b) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18.

(c) That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18.

D. Purchase or possession of cigarettes, tobacco, or vapor products by minors, in accordance with Wis. Stats., § 254.92.

(1) No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, tobacco, or vapor product.

(2) No person under 18 years of age may purchase, attempt to purchase or possess any cigarette, nicotine product, tobacco, or vapor product except as follows:

(a) A person under 18 years of age may purchase or possess cigarettes, nicotine products, tobacco, or vapor products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer.

(b) A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes, nicotine products, tobacco, or vapor products in the course of his or her participation in an investigation under accordance to Wis. Stats. § 254.916 that is conducted in accordance with Wis. Stats. § 254.916(3).

(3) No person may purchase cigarettes, nicotine products, tobacco, or vapor products on behalf of, or to provide to, any person who is under 18 years of age.

(4) A law enforcement officer shall seize any cigarette, nicotine product, tobacco, or vapor product that has been sold to and is in the possession of a person under 18 years of age.

E. Careless smoking prohibited, in accordance with Wis Stats. § 254.76(1).[1] Any person who, by smoking or attempting to light or to smoke cigarettes, cigars, pipes, tobacco, vapor product or any other product in any manner, shall through carelessness, recklessness or negligence set fire to any building or the contents thereof so as to endanger life or property in any way or to any extent, shall be guilty of a violation of this section.

[1] Editor's Note: See now § 97.627, Wis. Stats.

F. Smoking on school property prohibited. No person may smoke, use smokeless tobacco, or vapor products on any property owned by any school district in the Village of Wrightstown. No individual, regardless of age, who is enrolled in school may possess or attempt to possess cigarettes, nicotine products, tobacco products, or vapor products while on school property.

G. Penalties. Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18, and in the forfeiture amounts as provided for in the Bond Schedule[2] for the Village of Wrightstown Municipal Court. In addition to any penalty imposed for violation of § 943.01(1), Wis. Stats., any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.

[2] Editor's Note: A copy of the Bond Schedule is on file in the Village offices.

§ 139-22.1 Restrictions on sale and possession hemp-derived cannabinoids and synthetic cannabinoid prohibited.

[Added 10-5-2010 by Ord. No. 10052010; amended 11-21-2023 by Ord. No. 11212023]]

A. The Village adopts by reference Wis. State. § 961.41(3g)(em) regarding synthetic cannabinoids.

B. Restrictions.

(1) 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 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, listed under § 139-22A above.

(2) It shall be illegal for a person under the age of 21 to possess or use any amount of any hemp-derived cannabinoid including delta-8 THC, delta-10 THC, HHC, HHC-O, THCA, THC-O, THCP, or THCV except as specifically allowed by Wisconsin law.

(3) It shall be illegal to sell or deliver any hemp-derived cannabinoid product containing delta-8 THC, delta-10 THC, HHC, HHC-O, THCA, THC-O, THCP, or THCV to a person under the age of 21 years, except as specifically allowed by Wisconsin law.

(4) It shall be illegal to sell or deliver any hemp -derived cannabinoid product containing delta-8 THC, delta-10 THC, HHC, HHC-O, THCA, THC-O, THCP, or THCV to a person without having first verified their age by having the purchaser present a valid photo identification.

(5) No individual may provide hemp-derived cannabinoid products to any person under the age of 21 unless the individual is the person's parent or guardian or spouse who has attained the age of 21 years.

(6) Hemp-derived cannabinoids shall not be sold within 750 feet of a hospital, church, or youth-serving organization such as, but not limited to: child-care centers, preschools, public or parochial schools, tribal schools, playgrounds, city or county parks, sporting arenas, or organizations with specific interest to serve children (Boys & Girls Club, YMCA, Head Start, public libraries, etc.) The distance shall be measured by the shortest route along a designated roadway or walking path from the main entrance of the youth-serving business/organization to the premises selling hemp-derived cannabinoid products.

(7) Signs and notices.

(a) A retailer must post a sign in areas within their premises where any hemp-derived cannabinoid is sold to consumers stating that the sale of any such to any person under the age of 21 is unlawful under this section.

(b) A vending machine operator must attach a notice in a conspicuous place on the front of their vending machines stating that the purchase of any hemp-derived cannabinoid by any person under the age of 21 is prohibited.

(8) Vending machines.

(a) A retailer or vending machine operator may not sell hemp-derived cannabinoid a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensures that no person younger than 21 years of age is present or permitted to enter unless accompanied by his or her parent or guardian.

(b) A retailer or vending machine operator may not sell hemp-derived cannabinoid from a vending machine unless the vending machine is able to first verify that the purchaser is 21 years of age or older.

C. Medical or dental use allowed. Acts otherwise prohibited under § 139- 22.1 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.

§ 139-23 Truancy, habitual truancy and dropout.

[Added 3-4-1997 by Ord. No. 030497B; amended 11-30-1999 by Ord. No. 113099B; 4-3-2019 by Ord. No. 04032019B; 5-4-2021 by Ord. No. 05042021]

A. Section 938.342 of the Wisconsin Statutes is hereby adopted by reference as if fully set forth herein.

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

DROPOUT

Has the meaning given in Wis. Stats., § 118.153(1)(b).

HABITUAL TRUANT

Has the meaning given in Wis. Stats., § 118.16(1)(a).

OPERATING PRIVILEGE

Has the meaning given in Wis. Stats., § 340.01(40).

TRUANT

A pupil who is absent from school without an acceptable excuse under Wis. Stats., §§ 118.15 and 118.16(4), for part or all of any day on which school is held during a school semester.

C. The Village makes it unlawful for a person under 18 years of age to be a habitual truant pursuant to Wis. Stats., § 938.342. The Municipal Court of the Village shall enter an order making one or more of the following dispositions:

(1) Suspension of the person's operating privilege for not less than 30 days nor more than one year. The court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the Department of Transportation a notice stating the reason for and the duration of the suspension.

(2) An order for the person to participate in counseling or a supervised work program or other community service work as described in Wis. Stats., § 938.34(5g). The costs of any such counseling, supervised work program or other community service work shall be assessed against the person, the parents or guardian of the person, or both.

(3) An order for the person to remain at home except during hours in which the person is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a person to leave his or her home if the person is accompanied by a parent or a guardian.

(4) An order for the person to attend an educational program under Wis. Stats., § 938.34(7d).

(5) An order for the Department of Workforce Development to revoke, under Wis. Stats., § 103.72, a permit under Wis. Stats., § 103.70, authorizing the employment of the person.

(6) An order for the person to be placed in a teen court program as described in Wis. Stats., § 938.342(1g)(f).

(7) An order for the person to attend school.

(8) A forfeiture of not more than $500 plus costs, subject to Wis. Stats., § 938.37. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

(9) 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.

(10) An order placing the person under formal or informal supervision, as described in Wis. Stats., § 938.34(2), for up to one year.

(11) An order for the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both.

(12) An order for the person to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the person is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center as described in Wis. Stats., § 938.342(1g)(k).

D. The Village makes it unlawful for a person under 18 years of age to be truant pursuant to Wis. Stats., § 938.342. The municipal court shall enter an order making one or more of the following dispositions:

(1) An order for the person to attend school.

(2) A forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to Wis. Stats., § 938.37, and subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.

(3) An order for the person to report to a youth report center after school, in the evening, on weekends, on other nonschool days, or at any other time that the person is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center as described in Wis. Stats., § 938.342(1d)(c).

E. The Village makes it unlawful for a person under 18 years of age to be a dropout pursuant to Wis. Stats., § 938.342(2). The municipal court may select from the following dispositions:

(1) The court may enter an order suspending the person's operating privilege until the person attains 18 years of age in accordance with Wis. Stats., § 938.342.

(2) The court may order any of the dispositions specified under Wis. Stats., § 938.342(1g), if the court finds that suspension of the person's operating privilege until the person attains 18 years of age would cause an undue hardship to the person or the person's family.

§ 139-23.1 Contributing to truancy.

[Added 5-4-2021 by Ord. No. 05042021]

A. Section 948.45 of the Wisconsin Statutes is hereby adopted by reference as if fully set forth herein.

B. The Village makes it unlawful for any person 17 years of age or older who, by any act or omission, knowingly encourages or contributes to the truancy, as defined under Wis. Stats., § 118.16(1)(c), except as provided in Wis. Stats., § 948.45.

§ 139-24 Violations and penalties.

Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18. In addition to any penalty imposed for violation of W.S.A. s. 943.01(1), any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates W.S.A. s. 943.01(1) may also be held liable for the cost of repairing such damaged or destroyed property in accordance with W.S.A. s. 895.035.

§ 139-25 Lost/abandoned or unclaimed property.

[Added 5-15-2012 by Ord. No. 05152012]

Purpose: to ensure the efficient handling of property in the possession of the Police Department.

A. Lost/abandoned property.

(1) Property which appears to be lost or abandoned which is discovered by police officers or turned in to the Police Department by citizens shall be disposed of according to this section.

(2) Lost and abandoned property will be examined by the Police Department for identifying marks in an attempt to determine the owner. If identifying marks are present, they shall be used by the Police Department to attempt to contact the owner to return the property. If no identifying marks are present, the property shall be turned over to the Police Department's property officer.

(3) No police officer shall keep for his or her own use property found in the course of duty, nor take possession of property during off-duty hours when the discovery was made while on duty.

B. Unclaimed property. Personal property in the custody of the Police Department which remains unclaimed for a period of 90 days after the Police Department has made every reasonable effort to return the property will be considered abandoned and shall be disposed of as provided in this section.

C. Method of disposal.

(1) The Police Department shall permit citizens to claim lost property if they can provide sufficient proof that they are rightful owners.

(2) Lost/abandoned property will be handled in accordance with W.S.A. Ch. 170.

(3) Unclaimed property will be handled in accordance with W.S.A. s. 66.0139.

(4) The disposal of personal property under this section may be a sale open to the public; a sale bid by contract subject to prior approval of the Village Board; used in trade on other property to be acquired by the Village; or retained for the Village's own use. Net receipts from sales under this section shall be paid into the Village's general fund.

D. Records. If the property is not disposed of in a sale open to the public, the Police Chief shall maintain an inventory of such property, a record of the date and method of disposal, the consideration received for the property, if any, and the name and address of the person taking possession of the property. The inventory shall be kept as a public record for at least two years after the disposal of the property.

§ 139-26 Sexting prohibited.

[Added 4-3-2019 by Ord. No. 04032019]

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 or form, depicting nudity, sexual conduct, or sexual excitement when it:

(1) Predominantly appeals to a 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 they 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 paragraph 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) Predominantly 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 section of the Municipal Code.