Article II Offenses Against Public Safety and Peace

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.

"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.

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, nor to hinder a prospective customer from attempting to buy, sell or trade firearms to or from a retailer.

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 knuckle of lead, brass or other materials, bowie knife, switchblade, dirk or dagger or any other dangerous or deadly weapon within the Village.

Possession, sale and manufacture of certain weapons prohibited.

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 Luck.

For the purpose of this subsection, the following definitions shall apply:

CHURKIN

A round throwing knife consisting of several sharp points protruding from a rounded disc.

NUMCHUK or NUNCHAKU

An instrument consisting of two or more sticks, clubs or rods connected by a rope, cord, wire or chain.

SUCBAI

A short length of wood or metal or similar material which when gripped in the hand protrudes on either side of the fist. Such prohibited instrument may or may not have spikes or short, pointed protrusions from either end.

§ 429-4 Safe use and transportation of firearms and bows.

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.

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

AIRCRAFT

The meaning given under § 114.002(3), Wis. Stats.

ENCASED

Enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.

FIREARM

A weapon that acts by force of gunpowder.

HIGHWAY

The meaning given under § 340.01(22), Wis. Stats.

MOTORBOAT

The meaning given under § 30.50(6), Wis. Stats.

ROADWAY

The meaning given under § 340.01(54), Wis. Stats.

UNLOADED

Any of the following:

Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.

In the case of a cap lock muzzle-loading firearm, having the cap removed.

In the case of a flintlock muzzle-loading firearm, having the flash pan cleaned of powder.

VEHICLE

The meaning given under § 340.01(74), Wis. Stats., and includes a snowmobile, as defined under § 340.01(58a), Wis. Stats.

Prohibitions; motorboats and vehicles; highways and roadways.

Except as provided in Subsection C, no person may 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.

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.

Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow:

In or from a vehicle.

From or across a highway or within 50 feet in the center of a road.

A person who violates Subsection B(1) or (2) above is subject to a forfeiture of not more than $100.

Exceptions.

Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:

A peace officer, as defined under § 939.22(22), Wis. Stats.

A member of the United States Armed Forces.

(c)

A member of the National Guard.

Subsection B(1)(a) and (b) and (2)(a) of this section 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.

§ 429-5 Throwing or shooting of arrows, stones and other missiles.

Subsection B(1)(b) and (2)(a) do not apply to the holder of a permit under § 29.193(2), Wis. Stats., who is hunting from a standing automobile in accordance with that section.

(4)

Subsection B(1)(b) does not prohibit a person from leaning an unloaded firearm against a vehicle.

(5)

Subsection B(2)(b) does not apply to a person who is legally hunting small game with a muzzle-loading firearm or with a shotgun loaded with shotshell 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 Luck; 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.

§ 429-6 Harassing or obscene telephone calls.

Whoever commits any of the following acts shall be subject to the general penalty as provided in § 1-4 of this Code:

Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious or indecent.

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.

Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers.

Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers.

Knowingly permits any telephone under his control to be used for any purpose prohibited by this section.

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.

§ 429-7 Fireworks.

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 307, Fireworks, of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all rockets or similar missiles containing explosive fuel.

§ 429-8 Obstructing streets and sidewalks.

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.

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.

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.

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.

§ 429-9 Loitering.

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 offer 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.

§ 429-10 Loud and unnecessary noise.

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.

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:

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.

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.

Loudspeakers and amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.

(4)

Animals and birds. The keeping of any animal or bird which causes frequent or long continued unnecessary noise.

(5)

Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper Village authorities.

(6)

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

(7)

Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or any other similar equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays; provided, however, that the 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.

(8)

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

Exceptions. The provisions of this section shall not apply to:

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

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.

The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in nature.

Stationary noise limits.

Maximum permissible sound levels.

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 (db)	Noise Rating - Nighttime (db)
Residential	60	50
Commercial	70	70
All other zones	75	75

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 decibels 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 D(1)(a) above if the subject noise consists primarily of a pure tone or if it is impulsive in character.

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).

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 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.

(5)

Exemptions. Operations 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.

(6)

Methods of measuring noise.

Equipment. Noise measurement shall be made with a sound-level meter.

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.

(7)

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.

Permits for amplifying devices.

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

Grounds for revoking permit. The Chief of said Police Department shall have the authority to revoke such permit when he believes such loudspeaker or amplifying device is becoming a nuisance because of the volume, the method in which it is being used or the location in which it is being operated.

Time restrictions. The Chief of the Police Department shall not grant a permit to use a loudspeaker or amplifying device before the hour of 9:00 a.m. or after 9:00 p.m., nor shall a permit be granted to anyone who, in the opinion of the Chief of Police, uses said loudspeaker or amplifying device in such a manner or for such a purpose as to constitute a nuisance.

§ 429-11 Disorderly conduct.

Disorderly conduct prohibited. No person within the Village of Luck shall:

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.

§ 429-12 Possession of controlled substances.

Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.

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.

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.

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.

Possession of marijuana. No person shall possess 25 grams or less 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.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 429-13 Unauthorized presence on school property.

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, 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.

This section shall not apply to:

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.

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.