Village of Stratford, WI
Marathon County
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Table of Contents
Table of Contents
A. 
Discharge and possession of firearms regulated. No person, except a police officer or other 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 within the Village, or a bow and arrow within 200 feet of a residence, or have any firearm, rifle, spring gun, air gun or pneumatic pellet gun or bow and arrow in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container pursuant to state law.
B. 
Shooting into Village limits. No person shall, in the territory adjacent to the Village, discharge any firearm in such manner that the discharge shall enter or fall within the Village.
C. 
Shooting ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the Village Board, after an advisory recommendation from the Chief of Police, where proper safety precautions are taken.
D. 
Explosive devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the Village without first obtaining a permit to do so from the Chief of Police.
E. 
Hunting prohibited. Except as provided in § 396-3, hunting is prohibited within the corporate limits of the Village of Stratford.
[Amended 10-12-2010]
F. 
Definitions. 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.
[Added 10-12-2010]
A. 
Definitions. For the purpose of this section, the following definitions apply:
HUNT or HUNTING
Includes shooting, shooting at, pursuing, taking, capturing or killing or attempting to capture or kill any wild animal.
HUNTING ZONES
Hunting zones are defined as follows. Center fire rifles or rim fire rifles cannot be used to hunt within any zone within the Village of Stratford.
(1) 
Less-restrictive zones include those areas within the Village where hunting as defined in this subsection is allowed and is limited to shotguns of all types, bows and crossbows (as permitted by the Wisconsin Department of Natural Resources), along with black powder (or substitute) firing rifles.
(2) 
Archery zones include and are limited to areas for hunting with bows and crossbows only (as permitted by the Wisconsin Department of Natural Resources).
(3) 
Archery zones special permit. In the event that the Village Board deems it necessary or desirable to reduce the deer population on certain lands within the Village, it may, from time to time, by Village Board resolution, allow deer hunting by special permit and by archery equipment only within and upon specified land(s) designated as "Archery Zone(s) Special Permit" for such period of time and upon such conditions as shall be set forth in the Village Board resolution.
B. 
Permitted activity zones.
(1) 
Map. All zones shall be as depicted on the Official Village of Stratford Designated Hunting Zones created September 2010 or thereafter. Hunting methods must conform to the restrictions upon that map.
(2) 
Conformity. All hunting shall be in conformity with Chapter 29, Wild Animals and Plants, of the Wisconsin Statutes and regulations as established by the Wisconsin Department of Natural Resources in Ch. NR 10, Wis. Adm. Code, and the United States Fish and Wildlife Agency. In addition, all hunting shall be in conformity with the uses permitted according to this chapter and Chapter 590, Zoning, of this Code.
(3) 
Special permits. Applications for an archery zones special permit shall be made to the Chief of Police of the Village of Stratford or his designee on an official form available at the Stratford Police Department. Following the review of the application by the Chief and upon his recommendations to the Village Board at the next available Board meeting, the Village Board in its discretion shall either grant or deny the permit.
C. 
Enforcement and penalties.
(1) 
Enforcement. Enforcement of the provisions of this section shall be within the jurisdiction of the Stratford Police Department.
(2) 
Penalties. Any person violating this section shall, upon conviction, forfeit not less than $30 or not more than $500.
A. 
Concealed weapons prohibited.
(1) 
No person shall, within the Village, wear or in any manner carry under his/her clothes or conceal upon or about his/her person any deadly or dangerous weapon, provided that this subsection shall not apply to a peace officer or such persons as may be authorized to carry such weapons.
(2) 
"Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.
B. 
Concealed weapons in public establishments. No person shall carry or be possessed of a dangerous weapon in any public building or business establishment open to the public except a bona fide weapons repair, display or sales establishment, unless such dangerous weapon is so stored and concealed (other than on the person) so as not to be readily accessible to any person or patron. This subsection shall not apply to peace officers or others duly authorized by law acting within the scope of their duties. This subsection shall not be construed to prohibit the sale, purchase, repair or trade of firearms by a retail business establishment doing so in the course of its regular business in accord with state and federal law or to hinder a prospective customer from attempting to buy, sell or trade firearms to or from a retailer.
C. 
Specific concealed weapons prohibited. No person, except a sheriff, constable, police officer or other law enforcement officer acting within the scope of his duties, shall carry or wear concealed about his person any pistol, revolver, firearm, slingshot, cross knuckles of lead, brass or other materials, bowie knife, switchblade, dirk or dagger or any other dangerous or deadly weapon within the Village.
D. 
Possession, sale and manufacture of certain weapons prohibited.
(1) 
No person shall sell, manufacture, purchase, possess or carry a numchuk (also called a "nunchaku") or a churkin or a sucbai or similar weapon within the Village of Stratford.
(2) 
For the purpose of this section, the following definitions shall apply:
NUMCHUK or NUNCHAKU
An instrument consisting of two or more sticks, clubs or rods connected by a rope, cord, wire or chain.
CHURKIN
A round throwing knife consisting of several sharp points protruding from a rounded disc.
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 pointed 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.
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
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.[1]
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 flintlock muzzle-loading firearm, having the flash pan 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Prohibitions; motorboats and vehicles; highways and roadways.
(1) 
Except as provided in Subsection C, no person may:
(a) 
Place, possess or transport a firearm, bow or crossbow in or on 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.
(b) 
Place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(c) 
Load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
(d) 
Load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet in the center of a road.
(2) 
A person who violates Subsection B(1)(a) through (d) above is subject to a forfeiture of not more than $100.
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 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), (b) and (c) 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)(b) and (c) 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.
(4) 
Subsection B(1)(b) does not prohibit a person from leaning an unloaded firearm against a vehicle.
(5) 
Subsection B(1)(d) does not apply to a person who is legally hunting small game with a muzzle-loading firearm or with a shotgun loaded with shot shell or chilled shot number BB or smaller, if the surface of the highway or roadway is anything other than concrete or blacktop.
It shall be unlawful for any person to discharge or throw by any means any dangerous missile, object, arrow, stone, snowball or other missile within the Village of Stratford; provided, however, that upon written application to the Chief of Police and Village Board a person may be granted permission by the Village Board to construct and maintain supervised archery ranges if, in the opinion of the Village Board, the construction or maintenance of such ranges will not endanger the public health and safety.
Whoever commits any of the following acts shall be subject to the general penalty as provided in § 1-5 of this Code:
A. 
Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious or indecent.
B. 
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.
C. 
Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers.
D. 
Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers.
E. 
Knowingly permits any telephone under his control to be used for any purpose prohibited by this section.
F. 
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.
No person shall sell, expose or offer for sale, use, keep, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Village unless he shall be authorized by a fireworks permit as provided in Chapter 294 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 rockets or similar missiles containing explosive fuel.
A. 
Obstructing streets. No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, 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.
B. 
Blocking sidewalk prohibited. No person shall block any sidewalk 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. 
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.
D. 
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:
BLOCK
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 walk.
SIDEWALK
Any sidewalk owned or maintained by the Village. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.
[1]
Editor's Note: See also Ch. 449, Streets and Sidewalks.
No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section 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.
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.
B. 
Types of loud and unnecessary noises.
(1) 
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 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 Village 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.
(b) 
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 between the hours of 10:00 p.m. and 7:00 a.m. 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.
(c) 
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.
(d) 
Animals and birds. The keeping of any animal or bird which causes frequent or long continued unnecessary noise.
(e) 
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 Village authorities.
(f) 
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.
(g) 
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 Building Inspector 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.
(h) 
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.
(2) 
The provisions of this section shall not apply to:
(3) 
Any vehicle of the Village while engaged in necessary public business.
(4) 
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 render it impossible to perform such work during the day.
(5) 
The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in nature.
C. 
Stationary noise limits.
(1) 
Maximum permissible sound levels.
(a) 
Noise from a stationary source shall not exceed the following standards for maximum sound-pressure levels measured at the property line:
Noise Rating
Zone
Daytime
(db)
Nighttime
(db)
Residential
60
50
Commercial
70
70
All other zones
75
75
(b) 
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 exceed the ambient noise by five db in any octave band to be designated excessive.
(c) 
Pure tones and impulsive noises are factors. Five noise rating numbers shall be taken from the table in Subsection C(1)(a) above if the subject noise consists primarily of a pure tone or if it is impulsive in character.
(2) 
Construction noise. Construction equipment in any zone may be operated between the hours of 7:00 a.m. and 10:00 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
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.
(4) 
Operation of certain equipment. Lawn mowers, chain saws, powered garden equipment, electric insect killing/repelling devices, and other nonconstruction maintenance equipment shall be operated only during the hours between 7:00 a.m. and 10:00 p.m. unless within the specified noise levels measured at the property line of the location at which said equipment is in use.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Exemptions. Operation of emergency equipment shall be exempt from this section. Snowblowers not operated on a commercial basis shall be exempt from this section 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.
E. 
Methods of measuring noise.
(1) 
Equipment. Noise measurement shall be made with a sound-level meter.
(2) 
Location of noise meter. Noise measurement shall be made at the nearest lot line of the premises from which a noise complaint is received. The noise 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.
F. 
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 section for existing industries.
A. 
Disorderly conduct prohibited. No person within the Village of Stratford 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 other than a bona fide athletic contest.
B. 
Disorderly conduct with motor vehicle. No person shall make unnecessary and annoying noises with a motor vehicle, including motorcycles and all-terrain vehicles, by squealing tires, excessive acceleration of the engine or by emitting unnecessary and loud muffler noise.
C. 
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 Village, or upon any private property in open view of the public, or in the halls, stairways or elevators of public or commercial buildings, or to indecently expose his person.
A. 
Controlled substances. It shall be unlawful for any person to possess a controlled substance contrary to the Uniform Controlled Substances Act, Ch. 961, Wis. Stats.
B. 
Possession of marijuana. No person shall possess any amount of marijuana, tetrahydrocannabinol or any derivative thereof, unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a licensed physician or pharmacist for a valid medical purpose.
A. 
It shall be unlawful for any person, except as provided in Subsection B hereof, to be present in, loiter or enter into any public school building or school parking lot or on any public school grounds without the permission of the school principal, custodian or other person in charge thereof between 7:30 a.m. and 4:30 p.m. on official school days.
B. 
This section shall not apply to:
(1) 
Students regularly enrolled in public schools who have not been properly ordered by the school principal, custodian or other person in charge thereof to leave the school building or school grounds.
(2) 
Persons coming into the school building or school grounds for the purpose of attending scheduled school or civic functions or making use of the recreational facilities located upon or within school premises, but as to such attendance or use, this exception shall apply only to the portion of the premises on which the facilities are located and during the hours such facilities are specifically open to the general public or an invited portion thereof.
(3) 
Parents or legal guardians of a regularly enrolled student. However, such parent or legal guardian may be required to register at the school office.
C. 
The exceptions set forth in Subsection B shall not apply to any person who, while in school buildings or on school grounds, commits or attempts to commit any act prohibited by statute or ordinance.
D. 
All entrances to the school buildings shall be posted with a notice stating "Entry Into School Building by Unauthorized Persons Prohibited." All school grounds shall be posted with a notice stating "Entry Upon School Grounds by Unauthorized Persons Prohibited."
It shall be unlawful for any person to fail to obey the direction or order of a police officer while such police officer is acting in an official capacity in carrying out his or her duties.
[Added 2-9-2016]
A. 
Purpose and Findings.
(1) 
The Village Board of the Village of Stratford, Wisconsin, intends to discourage underage possession and consumption of alcohol, even if done within the confines of a private residence, and intends to hold persons civilly responsible who host events or gatherings where persons under 21 years of age possess or consume alcohol or consume alcohol regardless of whether the person hosting the event or gathering supplied the alcohol.
(2) 
The Village Board of Stratford finds:
(a) 
Events and gatherings held on private or public property where alcohol is possessed or consumed by persons under the age of 21 are harmful to those persons and constitute a potential threat to public health requiring prevention or abatement.
(b) 
Prohibiting hosting underage consumption acts to protect underage persons, as well as the general public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol-related traffic collisions.
(c) 
Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those who use it as well as those who are affected by the actions of an irresponsible user.
(d) 
Often, events or gatherings involving underage possession and consumption occur outside the presence of parents. However, there are times when the parent(s) is/are present and condone the activity, and in some circumstances, provide the alcohol.
(e) 
A deterrent effect will be created by holding a person responsible for hosting an event or gathering where underage possession or consumption occurs.
B. 
Definitions. For purposes of this chapter, the following definitions apply:
ALCOHOL
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE
Alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer, and which contains one-half of 1% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.
EVENT OR GATHERING
Any group of three or more persons who have assembled or gathered together for a social occasion or other activity.
HOST OR ALLOW
To aid, conduct, entertain, organize, supervise, control or permit a gathering or event.
IN CONTROL
The power to direct, manage, oversee and/or restrict the affairs, business or assets of a person or entity.
PARENT
Any person having legal custody of a juvenile:
(1) 
As natural, adoptive parent or step-parent;
(2) 
As a legal guardian; or
(3) 
As a person to whom legal custody has been given by order of the Court.
PRESENT
Being at hand or in attendance.
RESIDENCE, PREMISES, PUBLIC OR PRIVATE PROPERTY
Any home, yard, farm, field, land, apartment, condominium, hotel or motel room or other dwelling unit, or a hall or meeting room, park or other place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, and whether owned, leased, rented or used with or without permission or compensation.
UNDERAGE PERSON
Any individual under 21 years of age.
C. 
Prohibited acts. It is unlawful for any person(s) to host or allow an event or gathering at any residence, premises or on any other private or public property where alcohol or alcoholic beverages are present when the person knows that an underage person will or does consume any alcohol or alcoholic beverage; or possess any alcohol or alcoholic beverage with the intent to consume it; and the person fails to take reasonable steps to prevent possession or consumption by the underage person(s).
(1) 
A person is responsible for violating this section if the person intentionally aids, advises, hires, counsels or conspires with or otherwise procures another to commit the prohibited act.
(2) 
A person who hosts an event or gathering does not have to be present at the event or gathering to be responsible.
D. 
Exceptions. This section does not apply in cases where a person procures for, sells, dispenses of or gives away alcohol beverages to an underage person in the direct company of his or her parent, guardian or spouse who has attained the legal drinking age, who has consented to the underage person acquiring or consuming the alcohol beverages and is in a position to observe and control the underage person(s).
(1) 
This section does not apply to legally protected religious observances.
(2) 
This section does not apply to situations where underage persons are lawfully in possession of alcohol or alcoholic beverages during the course and scope of employment.
E. 
Penalties. A person who violates any provision of this section is subject to a forfeiture of not less than $100 nor more than $2,000, together with the costs of prosecution.
[Added 12-10-2019]
A. 
The Village Board hereby makes the following findings regarding sex offenders:
(1) 
The Village cites to the following publications that provide a basis for its findings:
(a) 
Przybylski, Roger. Sex Offender Management Assessment and Planning Initiative, Research Brief "Recidivism of Adult Sexual Offenders," July 2015.
(b) 
U.S. Dept. of Justice, Office of Justice Programs, Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking, Sex Offender Management Assessment and Planning Initiative, updated March 2017.
(c) 
Alper, Mariel and Durose, Matthew R. U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Statistics, Special Report "Recidivism of Sex Offenders Released from State Prison: a nine-Year Follow-Up (2005-14)," May 2019.
(2) 
Researchers widely agree that observed recidivism rates are underestimates of the true reoffense rates of sex offenders. This means that the issue of recidivism is most likely larger than shown by official records.
(3) 
Recidivism rates of sex offenders increase as followup periods become longer. This means that public safety is likely to be increased by the use of longer monitoring.
(4) 
Sex offenders have increased rates of both general criminal recidivism and sexual recidivism.
(5) 
Existing regulations contained within § 980.08, Wis. Stats., are found reasonable and incorporated for use in the Village's sex offender ordinances.
(6) 
The Village's sex offender ordinances cover areas in addition to § 980.08, Wis. Stats., and this is also found to be reasonable.
(a) 
The Village has had inquiries regarding sex offender regulation concerning persons not applicable to current state statutes, yet the Village desires applicable regulation.
(b) 
If the Village already possessed ordinances regulating sex offenders, it would have already utilized such ordinances.
(c) 
The Village Board believes that it is reasonable to regulate sex offenders to the full extent legally possible in the interest of the public health, safety and general welfare, but not to create an excessively punitive circumstance.
B. 
The Village hereby provides that a person may appeal for a variance from the Village sex offender ordinances, Village Code §§ 396-15.3 and 396-15.4, based upon an individualized assessment of such person's circumstances, pursuant to the following:
(1) 
The Sex Offender Appeals Board is hereby created to carry out the function of hearing appeals for variances from the Village sex offender ordinances, Village Code §§ 396-15.3 and 396-15.4.
(2) 
The Sex Offender Appeals Board shall be constituted by the same membership as the Public Safety Committee, which membership shall be ex officio members of the Sex Offender Appeals Board. The Village President may appoint additional members at his or her discretion.
(3) 
The Sex Offender Appeals Board shall determine the procedures and forms used to hear an appeal.
(4) 
The Sex Offender Appeals Board may consider any evidence that it deems relevant to consideration of a variance, including but not limited to:
(a) 
The nature of applicable conviction(s);
(b) 
The person's background;
(c) 
The reasons why the variance is requested;
(d) 
Recidivism and/or rehabilitation information; and
(e) 
The overall risk that the granting of a variance will present to the public health, safety, and general welfare.
(5) 
The Sex Offender Appeals Board shall grant a variance if in the absence of a variance there would be an excessively punitive effect on the person.
(6) 
The Sex Offender Appeals Board may grant a variance subject to conditions.
[Added 12-10-2019]
A. 
The definitions contained in § 980.01, Wis. Stats., and as from time to time amended, are hereby adopted by reference into this Code as if set forth fully herein.
B. 
These §§ 396-15.2 through 396-15.4 shall not be enforced against the following:
(1) 
Pursuant to § 980.135, Wis. Stats., an individual who is released under § 980.08, Wis. Stats., or against a person who provides housing to such an individual, so long as all of the following apply:
(a) 
The individual is subject to supervised release under Ch. 980, Wis. Stats.;
(b) 
The individual is residing where he or she is ordered to reside under § 980.08, Wis. Stats.; and
(c) 
The individual is in compliance with all court orders issued under Ch. 980, Wis. Stats.
(2) 
An individual who has obtained an expungement pursuant to § 973.015, Wis. Stats., and/or a Presidential or Governor's pardon of clemency, for all applicable convictions.
C. 
These §§ 396-15.2 through 396-15.4 are applicable to all of the following persons:
(1) 
Any person not exempted by Code § 396-15.3B;
(2) 
Any person who has ever been subject to the Wisconsin sex offender registration statute, § 301.45, Wis. Stats., and as from time to time amended; and
(3) 
Any person who has ever been subject to a substantially similar equivalent of the Wisconsin sex offender registration statute, § 301.45, Wis. Stats., and as from time to time amended, of either another state or the federal government.
D. 
A person's residence must be not less than 1,000 feet from any school premises, child-care facility, public park, place of worship, or youth center.
(1) 
However, a person is not in violation if any school premises, child-care facility, public park, place of worship, or youth center is established within 1,000 feet from the person's residence after he or she is placed in the residence under this section.
(2) 
The 1,000 feet shall be measured by following a straight line from the outer boundary line of the lot containing the residence to the outer boundary line of the lot containing the restricted location. The straight line shall comprise the shortest distance between the two lots being measured.
E. 
If the person committed a sexually violent offense against an adult at risk, as defined in § 55.01(1e), Wis. Stats., or an elder adult at risk, as defined in § 46.90(1)(br), Wis. Stats., such person's residence must be not less than 1,000 feet from a nursing home or an assisted living facility.
(1) 
However, a person is not in violation if a nursing home or an assisted living facility is established within 1,000 feet from the person's residence after he or she is placed in the residence under this section.
(2) 
The 1,000 feet shall be measured by following a straight line from the outer boundary line of the lot containing the residence to the outer boundary line of the lot containing the restricted location. The straight line shall comprise the shortest distance between the two lots being measured.
F. 
If the person is a serious child sex offender, such person's residence must not be on a property adjacent to a property where a child's primary residence exists. For the purpose of this section, adjacent properties are properties that share a property line without regard to a public or private road if the living quarters on each property are not more than 1,500 feet apart.
(1) 
However, a person is not in violation if a child establishes primary residence in a property adjacent to the person's residence after the person is placed in the residence under this section.
G. 
Notwithstanding these §§ 396-15.2 through 396-15.4, all applicable persons already domiciled in a residence that would otherwise be in violation of these §§ 396-15.2 through 396-15.4 prior to the enactment of these §§ 396-15.2 through 396-15.4 are grandfathered, and may continue to reside at the residence where already domiciled. However, there shall be no further nonconformance or increase in the nonconformance with the provisions of these §§ 396-15.2 through 396-15.4 except by the granting of a variance.
[Added 12-10-2019]
A. 
Any person subject to the enforcement of these §§ 396-15.2 through 396-15.4 may only be present not less than 150 feet of any of the following locations: any school premises, child-care facility, public park, place of worship, youth center, nursing home, or assisted living facility.
B. 
These §§ 396-15.2 through 396-15.4 shall not be enforced against:
(1) 
An individual who has obtained an expungement pursuant to § 973.015, Wis. Stats., and/or a Presidential or Governor's pardon of clemency, for all applicable convictions.
C. 
These §§ 396-15.2 through 396-15.4 is applicable to all of the following persons:
(1) 
Any person who has ever been subject to the Wisconsin sex offender registration statute, § 301.45, Wis. Stats., and as from time to time amended.
(2) 
Any person who has ever been subject to a substantially similar equivalent of the Wisconsin sex offender registration statute, § 301.45, Wis. Stats., and as from time to time amended, of either another state or the federal government.
D. 
The distances listed in these §§ 396-15.2 through 396-15.4 shall be measured by following a straight line from the person's actual location to the outer boundary line of the lot containing the restricted location. The straight line shall comprise the shortest distance between the person and the lot being measured.