[Amended 5-29-2012 by Ord. No. 08-12; 5-27-2014 by Ord. No. 04-14; 2-14-2022 by Ord. No. 04-22]
A.
Firearms. Subject to § 66.0409(3)(b), Wis. Stats., no person, except a law enforcement officer in the performance of an official duty, shall discharge any firearm within the City. This shall not apply to the children's toys equipped with rubber-tipped arrows, airsoft guns, or target shooting of bows or crossbows inside privately owned buildings with the owner's consent. Target practicing with bows is allowed as permitted by Subsection F below. This subsection shall not apply to a starter pistol (blank pistol) used in starting of athletic events, with the approval of the Chief of Police, or his designee, who shall be notified at least 24 hours in advance prior to any such event.
B.
Carrying firearm in public building. Subject to § 941.235,
Wis. Stats., no person shall carry a firearm, whether or not concealed,
loaded or unloaded into any building owned, occupied, or operated
by the City of Prescott, or any special event organized/operated by
the City of Prescott.
C.
Hunting prohibited. Hunting with firearms within the City is prohibited,
but the Chief of Police may issue written permits to owners or occupants
of private premises to hunt or shoot on such premises if he finds
such privileges necessary for the protection of life or property,
and subject to such safeguards as he may impose for the safety of
the lives and property of other persons within the City of Prescott.
In addition, the Common Council may authorize a deer management program
in conjunction with the Wisconsin Department of Natural Resources
if the Council finds that it is necessary to protect the health, safety
and general welfare of the City.
D.
Hunting allowed. Hunting with a bow or crossbows within the City
is allowed per 2013 Wisconsin Act 71. Hunting with a bow or crossbow
must comply with the following restrictions:
(1)
Hunting is prohibited within 100 yards of a building. This restriction
does not apply if the person who owns the land on which the building
is located allows the hunter to hunt within the specified distance
of the building.
E.
Shooting into City limits. No person shall in the territory adjacent
to the City discharge any firearm in such manner that the discharge
shall enter or fall within the City.
F.
Backyard archery. Target shooting of bows and arrows shall be permitted
at City-approved archery ranges only. Archery practice shooting on
private property is permitted if the following requirements are complied
with:
(1)
Archers under the age of 18 years old must be certified by a Hunter's
Safety Course or other recognized safety training program to qualify
for a permit and be supervised by an adult permit holder when shooting.
(2)
All shooting will be directed downwards towards an approved structure
on the permit holder's property, and not shoot towards adjacent
property unless there is a minimum of 150 yards down range, without
structures.
(3)
Contiguous property dwellers will be contacted and advised of the
applicant's intention to obtain a permit for archery practice
on the property.
G.
Shooting ranges. This section shall not prevent the maintenance and
use of duly supervised rifle or pistol ranges or shooting galleries
approved by the Common Council, upon the recommendation of the Chief
of Police, where proper safety precautions are taken.
H.
Explosive devices. No person shall discharge or detonate any dynamite,
nitroglycerin or other explosive within the City without first obtaining
a permit to do so from the Common Council.
I.
Throwing or shooting of stones or other missiles prohibited.
(1)
No person shall throw or shoot any object, 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 City.
(2)
This subsection shall not apply:
(a)
To the shooting or discharging of toy arrows or arrows which
have a tip made of rubber or similar material.
(b)
To a supervised archery range approved by the Common Council.
(c)
Within the interior of a single-family dwelling.
(d)
To persons engaged in activities ordinarily and reasonably conducted
by participants of recreational or professional games such as playing
catch, baseball, tennis, football, soccer, etc., which ordinarily
involve throwing or hitting a ball or puck or similar object (but
this exception does not apply to any hunting activities).
[Amended 5-29-2012 by Ord. No. 08-12]
Except for someone duly licensed as provided in § 175.60,
Wis. Stats., and as limited by § 175.60, Wis. Stats., no
person shall, within the City, wear or in any manner carry under his
clothes or conceal upon or about his person any deadly or dangerous
weapon, provided this subsection shall not apply to a peace officer
or such persons as may be authorized to carry such weapons.
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
ROADWAY
UNLOADED
VEHICLE
Definitions. In this section, the following terms shall have the
meanings indicated:
Has the meaning given under § 114.002(3), Wis.
Stats.
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.
A weapon that acts by force of gunpowder.
Has the meaning given under § 340.01(22), Wis.
Stats.
Has the meaning given under § 30.50(6), Wis. Stats.
Has the meaning given under § 340.01(54), Wis.
Stats.
Any of the following:
Has the meaning given under § 340.01(74), Wis.
Stats., and includes a snowmobile, as defined under § 340.01(58a),
Wis. Stats.
B.
Prohibitions; motorboats and vehicles; highways and roadways.
(1)
Except as provided in Subsection C, 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 from the center
of a road.
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:
No person shall sell, expose or offer for sale, use, keep, possess, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the City unless he shall be authorized by a fireworks permit as provided in Chapter 307 of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all fireworks, rockets or similar missiles containing explosive fuel.
A.
Obstructing streets. No person shall obstruct, loiter, cause a nuisance
or engage in any sport or exercise on any public street, sidewalk,
bridge or public ground within the City of Prescott in such a manner
as to:
(1)
Prevent or obstruct the free passage of pedestrian or vehicular traffic
thereon;
(2)
Prevent or hinder free ingress or egress to or from any place of
business or amusement, church, public hall or meeting place; or
(3)
Cause a nuisance by congregating and hindering the free passage of
pedestrian or vehicular traffic.
B.
Obstructing sidewalk prohibited. No person shall block any sidewalk
or bridge by obstructing the same so that it is impossible for a pedestrian
to travel along the sidewalk without leaving the sidewalk and walking
on adjacent property or on the street.
C.
LOITER
NUISANCE
OBSTRUCT
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:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the City of Prescott.
To interfere with unobstructed travel by any means, including,
but not limited to, standing on the part of the walk that is fit for
travel, or placing any object or vehicle whatsoever on such sidewalk.
Any sidewalk owned or maintained by the City. The term shall
not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
D.
Free speech. This section shall not be interpreted as prohibiting
any person from stopping on any sidewalk to talk or to make a speech,
provided that such person shall not stand in such a location that
it is impossible for any pedestrian to travel along the sidewalk without
leaving the sidewalk and walking on adjacent property or on the street.
If two or more persons are engaged in talking while stopped on a sidewalk,
they shall not stand in such locations as to completely prevent any
pedestrian from passing them on the sidewalk.
A.
Public property loitering prohibited.
(1)
No person shall loiter in or about any public street, public sidewalk,
street crossing, alley, bridge, public parking lot or other place
of assembly or public use after being requested to move by any police
officer.
(2)
Upon being requested to move, a person shall immediately comply with
such request by leaving the premises or area thereof at the time of
the request.
(3)
No person shall loiter in or about any toilet open to the public
for the purpose of engaging in or soliciting any lewd or lascivious
conduct or any unlawful act.
(4)
No person shall loiter in or about any school or public place at
or near which children or students attend or normally congregate.
As used in this Subsection, "loiter" means to delay, to linger or
to idle in or about any said school or public place without a lawful
purpose for being present.
B.
Private property loitering prohibited.
(1)
No person shall loiter in or about any private premises or adjacent
doorways or entrances or upon private property held out for public
use, including, but not limited to, business or industry parking lots
or shopping malls without invitation from the owner or occupant or
by any person in authority at such places. No person shall loiter
in or about the doorways, stairway, steps or entrance of any business
place or private residence without the expressed consent of the owner
thereof, or at any time other than usual business hours. Under this
subsection, "business place" shall include public building at such
times that the same shall be closed for the usual and normal business
conduct thereat.
(2)
Upon being requested to move by any such person in authority or by
any police officer, a person shall immediately comply with such request
by leaving the premises or area thereof at the time of the request.
(3)
No person shall sit, lie, or otherwise recline upon or against any
parked motor vehicle without the expressed consent of the owner thereof,
whether such be parked upon a public street, alley, parking lot, driveway
or private premises.
(4)
No person shall stand or loiter on any roadway other than in a safety
zone if such act interferes with the lawful movement of traffic.
C.
Loitering or prowling prohibited. 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 subsection if the police
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.[1]
[1]
Editor's Note: Original Sec. 11-2-6(d), Loitering by underage persons where alcohol beverage is dispensed, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 125.07, Wis. Stats., adopted by reference in Ch. 356, Intoxicating Liquor and Fermented Malt Beverages, of this Code.
E.
Soliciting.
(1)
No
person shall loiter in or near any thoroughfare or place open to the
public in a manner and under circumstances manifesting the purpose
of inducing, enticing, soliciting or procuring another to commit an
act of prostitution. Among the circumstances which may be considered
in determining whether such purpose is manifested: that such person
is a known prostitute or panderer, that such person repeatedly beckons
to stop or attempts to stop, or engages male or female passersby in
conversation, or repeatedly stops or attempts to stop motor vehicle
operator by hailing, waving of arms or any other bodily gesture. The
violator's conduct must be such as to demonstrate a specific intent
to induce, entice, solicit or produce another to commit an act of
prostitution. No arrest shall be made for a violation of this subsection
unless the sworn police officer first affords such persons an opportunity
to explain such conduct, and no one shall be convicted of violating
this subsection if it appears at trial that the explanation given
was true and disclosed a lawful purpose.
(2)
KNOWN PROSTITUTE OR PANDERER
PUBLIC PLACE
As
used in this subsection, the following terms shall have the meanings
indicated:
A person who, within five years previous to the date of arrest
for violation of this section, had, within the knowledge of the sworn
police officer, been convicted in any municipal court or circuit court
in the State of Wisconsin of an offense involving prostitution.
An area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles, whether moving or not, and buildings open to the general
public, including those which serve food or drink or provide entertainment,
and the doorway and entrance to buildings or dwellings and the grounds
enclosing them.
A.
Loud and unnecessary noise prohibited. It shall be unlawful for any
person to make, continue or cause to be made or continued any loud
and unnecessary noise. It shall be unlawful for any person knowingly
or wantonly to use or operate, or to cause to be used or operated
any mechanical device, machine, apparatus or instrument for intensification
or amplification of the human voice or any sound or noise in any public
or private place in such manner that the peace and good order of the
neighborhood is disturbed or that persons owning, using or occupying
property in the neighborhood are disturbed or annoyed.
B.
Types of loud and unnecessary noises. The following acts are declared
to be loud, disturbing and unnecessary noises in violation of this
section, but this enumeration shall not be deemed to be exclusive:
(1)
Horns, signaling devices. The sounding of any horn or signaling device
on any automobile, motorcycle or other vehicle on any street or public
place in the City for longer than three seconds in any period of one
minute or less, except as a danger warning; the creation of any 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.
(2)
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.
(3)
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.
(4)
Animals, birds. The keeping of any animal or bird, which causes frequent
or long continued unnecessary noise.
(5)
Steam whistles. The blowing of any steam whistle attached to any
stationary boiler except to give notice of the time to begin or stop
work or as a warning of fire or danger or upon request of proper City
authorities.
(6)
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motor boat except
through a muffle 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, 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. to 7:00 a.m.
(8)
Schools, courts, churches, hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while in use, or adjacent to any hospital, which unreasonably
interferes with the normal operation of that institution, or which
disturbs or unduly annoys patients in the hospital provided that conspicuous
signs are displayed in those streets indicating a school, hospital
or court street. No person, while on public or private grounds adjacent
to any building, or while within any building in which a school or
any class thereof is in session, shall willfully make or assist in
the making of any noise or diversion which disturbs or tends to disturb
the peace or good order and operation of such school session or class
thereof.
C.
Exceptions. The provisions of this section shall not apply to:
(1)
Any vehicle of the City while engaged in necessary public business.
(2)
Excavations or repairs of streets or other public construction by
or on behalf of the City, county, or state at night when public welfare
and convenience 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.
D.
Permits
for amplifying devices.
(1)
Permit required. The use of loudspeakers or amplifying devices on
the streets or in the parks of the City of Prescott is prohibited
unless the party desiring to use such loudspeaker or amplifying device
first applies for a permit from the Chief of Police and receives final
approval by the Common Council.
(2)
Grounds or reasons for denial or allowance. The Chief of Police or
his designee 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.
(3)
Time restrictions. The Common Council shall not grant a permit to
use a loudspeaker or amplifying device before the hour of 9:00 a.m.
or after 10:00 p.m. on weekdays in commercial or residential districts.
The Common Council shall not grant a permit to use a loudspeaker or
amplifying device before the hour of 9:00 a.m. or after 12:00 midnight
on weekends (Friday, Saturday, Sunday) or holidays in a residential
district. The Common Council shall not grant a permit to use a loudspeaker
or amplifying device before the hour of 9:00 a.m. or after 1:00 a.m.
on weekends (Friday, Saturday, Sunday) or holidays in a commercial
district.
(4)
Freedom Park. Exception to the amplified devices time restriction
set forth herein may be granted by the Common Council to events held
in Freedom Park. These exceptions shall be in compliance with amplified
devices time restrictions set forth in the Freedom Park rental agreement.
E.
Prohibiting the use of compression (Jake brakes®) brakes.
(1)
Compression brakes are prohibited. It shall be unlawful for any vehicle
equipped with compression brakes (Jake brakes®) to downshift and
release the clutch to utilize the vehicle's engine to slow in order
to meet proper speed restrictions within the City, except in case
of extreme emergency.
(2)
Any person violating the provisions of this subsection shall have
committed a traffic offense and a penalty shall be imposed.
(3)
The Director of Public Works is authorized and directed to post appropriate
signs consistent with the provisions of this subsection.
A.
Disorderly conduct prohibited. No person within the City of Prescott
shall:[1]
(1)
In any public or private place engage in violent, noisy, riotous,
abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct which tends to cause or provoke an immediate disturbance
of public order or tends to annoy or disturb any other person;
(2)
Intentionally cause, provoke or engage in any fight, brawl, riot
or noisy altercation;
(3)
Indecently expose his or her person;
(4)
Be in any business or private structure, private vehicle or upon
any private grounds without the consent of the owner.
B.
Defecating or urinating in public places. It shall be unlawful for
any person to defecate or urinate outside of designed sanitary facilities,
upon any sidewalk, street, alley, public parking lot, park, playground,
cemetery or other public area within the City, or upon any private
property in open view of the public, or in the halls, rooms without
rest room facilities, stairways or elevators of public or commercial
buildings, or to indecently expose his or her person.
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or other disciplinary
procedures excluding him from attending any school located within
the City or any person not a student presently enrolled or not an
employee of such schools or not a parent or guardian of a student,
or not an otherwise "authorized person," shall be present within any
school building or upon any school grounds without having first secured
authorization to be there from the principal or other person in charge
of the school building or school grounds, except while in direct route
to secure such authorization.
(2)
Any unauthorized person who shall come upon school property and refuses to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3)
"Authorized person" shall include:
(a)
Any person who is present at any school building or school grounds
for the purpose previously authorized by the school or their designee;
(b)
Any person transporting a student and who utilizes the driveway
specified for loading and unloading personnel;
(c)
Any person utilizing a designated area for attending an athletic
or other organized school event.
B.
Disorderly conduct on public school property.
[Amended 10-14-2019 by Ord. No. 07-19]
(1)
No person shall, on any school property or building, engage in violent,
abusive, loud or otherwise disorderly conduct which causes or provokes
an immediate disturbance of public order or disturbs or annoys any
other person; nor shall a person intentionally engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
(2)
Nonstudents, students from schools other than the school on the property
or students from a school who are not in compliance with the school
system's published rules and regulations shall be considered in violation
of this section. The published rules and regulations of the school
system are incorporated as if fully set forth herein.
C.
Loitering near school prohibited. No person not in official attendance
or on official school business shall enter into, congregate, loiter
or cause a nuisance in any school building in the City of Prescott
or upon any school district grounds or within adjacent posted school
zones on any day when such schools are in session.
D.
Possession of intoxicating liquor and fermented malt beverages. No
person shall possess intoxicating liquor or fermented malt beverages
while on any school property.
A.
Lawful orders. 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.
B.
Resisting or interfering with officer prohibited. It shall be unlawful
for any person to resist or in any way interfere with any police officer
or member of the Police Department or any person called to assist
such officer, or to threaten, resist or interfere with such officer
or person or to advise or encourage any other person to resist or
interfere with such officer or person in the discharge of his duty,
or to in any way interfere with or hinder or prevent him from discharging
his duty as such officer or assistant, or to offer or endeavor to
do so, or to in any manner assist any person in the custody of any
law enforcement officer to escape or to attempt to escape from such
custody, or to try to persuade any person to escape from the custody
of such officer, or to rescue or attempt to rescue any person so in
custody or to fail to obey the order or direction of such officer
while such officer is acting in his official capacity in carrying
out his duties.
[Amended 5-29-2012 by Ord. No. 08-12; 8-11-2014 by Ord. No. 10-14]
A.
It shall be unlawful for any person to possess a controlled substance
contrary to the Uniform Controlled Substances Act, Chapter 961 of
the Wisconsin Statutes.
No individual shall cross a police or fire line that has been
so designated by banner, signs or other similar identification.
A.
Harassment. No person, with intent to harass or intimidate another
person, shall do any of the following; each instance shall be considered
a separate violation:
B.
Harassing or obscene telephone calls. Whoever commits any of the
following acts shall be subject to the general penalty as provided
in this Code of Ordinances:
(1)
Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent;
(2)
Makes a telephone call, whether or not conversation ensues, with
the intent to abuse, threaten or harass any person at the called number
or numbers;
(3)
Makes or causes the telephone of another repeatedly or continuously
to ring, with intent to harass any person at the called number or
numbers;
(4)
Makes repeated telephone calls, during which conversation ensues,
solely to harass any person at the called number or numbers;
(5)
Knowingly permits any telephone under his control to be used for
any purpose prohibited by this section;
(6)
In conspiracy or concerted action with other persons, makes repeated
calls or simultaneous calls solely to harass any person at the called
number or numbers.
No person shall have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fenced in such manner as to prevent injury to any person
and any cover shall be of a design, size and weight that the same
cannot be removed by small children.
No person shall make fraudulent or otherwise improper calls
to the 911 emergency telephone system.