[Amended 10-24-2011 by Ord. No. 10-2011]
A.
BUILDING
ELECTRIC WEAPON
FIREARM
LAW ENFORCEMENT OFFICER
Definitions. The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning.
For purposes of this section, a "building" is defined as
a permanent structure used for human occupancy and includes a manufactured
home, as defined in § 101.91(2), Wis. Stats.
[Added 3-17-2014 by Ord.
No. 2-2014]
Any device which is designed, redesigned, used or intended
to be used, offensively or defensively, to immobilize or incapacitate
persons by the use of electric current. [§ 941.295(1c)(a),
Wis. Stats.]
A weapon that acts by force of gunpowder.
Any person employed by the State of Wisconsin or any political
subdivision of the state for the purpose of detecting and preventing
crime and enforcing laws or ordinances and who is authorized to make
arrests for violation of the laws or ordinances he or she is employed
to enforce.
B.
Regulated acts.
(1)
Discharge 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 within the Village of Kimberly.
(2)
Discharge of electric weapons regulated. No person, except a police
officer or other law enforcement officer in the performance of an
official duty, shall fire or discharge any electric weapon within
the Village of Kimberly.
(3)
Discharge of spring gun, air gun, pneumatic pellet gun, paintball
gun, or bow and arrow prohibited. No person shall fire or discharge
any spring gun, air gun, paintball gun, pneumatic pellet gun, or bow
and arrow of any description within the Village of Kimberly.
(4)
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 of Kimberly.
(5)
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 Village Board.
C.
Exceptions.
(1)
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, upon the recommendation of the Chief
of Police, where proper safety precautions are taken.
D.
Hunting
with, shooting or discharging a bow and arrow or crossbow.
[Added 3-17-2014 by Ord.
No. 2-2014]
(1)
Except
as provided in this subsection, it shall be unlawful for a person
to hunt with a bow and arrow or crossbow within a distance of 100
yards from a building located on another person’s land. This
restriction shall not apply if the person who owns the land on which
the building is located allows the hunter to hunt with a bow and arrow
or crossbow within the specified distance of the building.
(2)
A person
who hunts with a bow and arrow or crossbow shall discharge the arrow
or bolt from the weapon toward the ground.
(3)
No
person shall discharge an arrow with any bow or similar device where
the arrow may endanger the life, limb or property of another or will
traverse any part of any street, alley, public grounds or parks.
(4)
The
Parks and Recreation Department and school districts may conduct supervised
archery activities in areas under their jurisdiction when authorized
by the Police Chief.
[Amended 10-24-2011 by Ord. No. 9-2011]
A.
CHURKIN
DANGEROUS WEAPON
ELECTRIC WEAPON
FACSIMILE FIREARM
FIREARM
FORMER OFFICER
HANDGUN
LAW ENFORCEMENT OFFICER
NUMCHUK or NUNCHAKU
QUALIFIED OUT-OF-STATE LAW ENFORCEMENT OFFICER
(1)
(2)
(3)
(4)
(5)
SUCBAI
Definitions. The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning.
A round throwing knife consisting of several sharp points
protruding from a rounded disc.
Any firearm or handgun, whether loaded or unloaded; any device
designed as a weapon capable of producing death or great bodily harm;
an electric weapon as defined in § 941.295(1c)(a), Wis Stats.;
a billy club; 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. [§ 939.22 Wis. Stats.]
Any device which is designed, redesigned, used or intended
to be used, offensively or defensively, to immobilize or incapacitate
persons by the use of electric current. [§ 941.295(1c)(a),
Wis. Stats.]
Any replica, toy, starter pistol or other object that bears
a reasonable resemblance to or that reasonably can be perceived to
be an actual firearm. The term "facsimile firearm" does not include
any actual firearm.
A weapon that acts by force of gunpowder.
A person who served as a law enforcement officer with a law
enforcement agency before separating from law enforcement service.
True handguns, designed to be fired one-handed, and does
not include machine guns, rifles or shotguns. [§ 175.60(1)(bm),
Wis. Stats.]
Any person employed by the State of Wisconsin or any political
subdivision of the state for the purpose of detecting and preventing
crime and enforcing laws or ordinances and who is authorized to make
arrests for violation of the laws or ordinances he or she is employed
to enforce.
An instrument consisting of two or more sticks, clubs or
rods connected by a rope, cord, wire or chain.
For purposes of this section, a law enforcement officer to
whom all of the following apply:
The person is employed by a state or local government agency
in another state;
The agency has authorized the officer to carry a firearm;
The officer is not the subject of any disciplinary action by
the agency that could result in the suspension or loss of the person's
law enforcement authority;
The person meets all standards established by the agency to
qualify the person on a regular basis to use a firearm; and
The person is not prohibited under federal law from possessing
a firearm.
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.
B.
Firearms and dangerous weapons regulations.
(1)
Concealed carry license/permit requirement. Except as provided in Subsection B(3) below, no person shall carry on his or her person any concealed firearm or other dangerous weapon unless a valid license/permit as designated under § 175.60, Wis. Stats., has been duly issued. The weapons that are eligible to be carried while concealed are: handguns; electric weapons; knives, except switchblades; and billy clubs.
(2)
Carrying prohibited in designated municipal buildings. In addition
to the provisions of § 175.60, Wis. Stats., enumerating
places where the carrying of a weapon or firearm is prohibited, including
exceptions thereto, it shall be unlawful for any person to enter and/or
remain in the following municipal buildings while carrying a dangerous
weapon or a firearm:
(a)
Village Hall/Municipal Complex.
(b)
Library.
(c)
Fire Station/Senior Center.
(d)
Street Department Building.
(e)
Sunset Park Swim Lake Pool House.
(f)
All municipal water utility buildings, pumping stations and
water towers.
(g)
All municipal sewer utility treatment plants and utility buildings.
(h)
Any other duly posted Village building or structure.
(3)
(a)
A sworn law enforcement officer as defined in § 175.60,
Wis. Stats.
(b)
A qualified out-of-state law enforcement officer as defined
in § 941.23(1)(g), Wis. Stats., who meets the qualifications
as stated in § 941.23(2)(b), Wis. Stats.
(c)
A former officer as defined in § 941.23(1)(c), Wis.
Stats., who meets the qualifications as stated in § 941.23(2)(c),
Wis. Stats.
(d)
Armed forces personnel acting in the line of duty.
C.
Signs. Signs meeting the requirements of § 943.13(2)(bm)1,
Wis. Stats., shall be posted in prominent places near all entrances
of such building indicating that possession of a dangerous weapon/firearm
in that building is prohibited.
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), a churkin, a sucbai or similar weapon within
the Village.
(2)
Any such device shall be seized by a law enforcement officer and
destroyed or turned over to the State Crime Laboratory for destruction.
E.
Restriction on use of facsimile firearms.
(1)
No person may carry or display a facsimile firearm in a manner that
could reasonably be expected to alarm, intimidate, threaten or terrify
another person. Whoever violates this section shall be subject to
a forfeiture of not less than $200 and not more than $1,000.
(2)
Subsection E(1) of this section does not apply to any of the following:
(a)
Any law enforcement officer acting in the discharge of his/her
official duties.
(b)
Any person engaged in military activities, sponsored by the
state or federal government, acting in the discharge of his/her official
duties.
(c)
Any person who is on his own real property, in his own home
or at his own fixed place of business.
(d)
Any person who is on real property and acting with the consent
of the owner of the property.
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
ROADWAY
UNLOADED
VEHICLE
Definitions. In this section, the following definitions shall apply:
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.
The meaning given under § 340.01(22), Wis. Stats.
The meaning given under § 30.50(6), Wis. Stats.
The meaning given under § 340.01(54), Wis. Stats.
Any of the following:
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 place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is a handgun, as defined in § 175.60(1)(bm), Wis. Stats., unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
[Amended 10-24-2011 by Ord. No. 11-2011]
(2)
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is a handgun, as defined in § 175.60(1)(bm), Wis. Stats., unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
[Amended 10-24-2011 by Ord. No. 11-2011]
(3)
Except as provided in Subsection C, no person may load a firearm, other than a handgun, as defined in § 175.60(1)(bm), Wis. Stats., in a vehicle or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
[Amended 10-24-2011 by Ord. No. 11-2011]
C.
Exceptions.
(1)
Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
(3)
Subsections B(2) and (3) do not apply to the holder of a permit under § 29.193, Wis. Stats., who is hunting from a standing automobile in accordance with that subsection.
[Amended 10-24-2011 by Ord. No. 11-2011[1]]
[1]
Editor's Note: This ordinance also repealed original subsections
(4) and (5), which immediately followed.
[Amended 3-17-2014 by Ord. No. 2-2014]
Except as it pertains to hunting as provided in § 377-2, it shall be unlawful for any person to discharge or throw by any means any dangerous object, arrow, stone, snowball or other missile within the Village of Kimberly.
Whoever commits any of the following acts shall be subject to
the general penalty as provided in 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/her control to be used
for any purpose prohibited by this section; or
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/she shall be authorized by a fireworks permit as provided in Chapter 273, 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.
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.
BLOCK
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 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.
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.
No person shall loiter or prowl in a place, at a time or in
a manner not usual for law-abiding individuals under circumstances
that warrant alarm for the safety of persons or property in the vicinity.
Among the circumstances which may be considered in determining whether
such alarm is warranted is the fact that the person takes flight upon
appearance of a police or peace officer, refuses to identify himself/herself,
or manifestly endeavors to conceal himself/herself or any object.
Unless flight by the person or other circumstances make it impracticable,
a 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/her to
identify himself/herself and explain his/her 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.
[Amended 3-5-2012 by Ord.
No. 3-2012; 6-4-2012 by Ord. No. 6-2012]
A.
Loud, unnecessary noise, and physical vibrations caused by sound
prohibited. It shall be unlawful for any person to make, continue
or cause to be made or continued any loud, unnecessary noise, and/or
physical vibrations caused by sound.
B.
Types of loud, unnecessary noises, and physical vibrations caused
by sound. The following acts are declared to be loud, disturbing and
unnecessary noises, and/or prohibited vibrations caused by sound,
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 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.
(2)
Radios, phonographs, 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 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 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.; 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.
[Amended 8-20-2012 by Ord. No. 7-2012]
(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.
(9)
The
causing of vibrations from excessive sound generation. The creation
of sound waves of such frequency and/or decibel levels that the sound
causes vibrations to structural components, walls, glass, windows,
or doors of a residence and/or vibrations to personal property contents
of a residence, which would unreasonably disturb or unduly annoy occupants
with normal sensitivities during normal use, detectable by either
visual observation or by secondary audible noise emanating from the
personal property resulting from the vibration of such objects by
sound waves originating from outside of the residence.
C.
Use of
compression brakes prohibited. No person shall use motor vehicle brakes
within the Village limits of the Village of Kimberly which are in
any way activated or operated by the compression of the engine of
such motor vehicle or any unit or part thereof. There shall be an
affirmative defense to prosecution under this section that the compression
brakes were applied in an emergency situation requiring their use
and there being no other way to stop.
D.
Stationary
noise and vibration limits.
(1)
Maximum permissible sound levels and vibration limits.
(a)
Noise from a stationary source shall not exceed the following standards
for maximum sound pressure levels measured at the property line.
|
Zone
|
Noise Rating - Daytime
|
Noise Rating - Nighttime
| |
|---|---|---|---|
|
Residential
|
70 db
|
60 db
| |
|
Commercial
|
70 db
|
70 db
| |
|
Industrial
|
75 db
|
75 db
|
(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 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.
(d)
Vibrations to structural components, walls, glass, windows, or doors
of a residence and/or vibrations to personal property contents of
a residence, which would unreasonably disturb or unduly annoy occupants
with normal sensitivities during normal use, detectable by either
visual observation or by secondary audible noise emanating from the
personal property resulting from the vibration of such objects by
sound waves originating from outside of the residence between the
hours of 9:00 p.m. and 7:00 a.m.
(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.
(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, chainsaws, 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.
The provisions of this section shall not apply to:
(a)
Operations of emergency equipment shall be exempt from this section.
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.
(b)
Snowblowers not operated on a commercial basis shall be exempt from
this section when used to gain access to a Village street.
(c)
Any vehicle of the Village while engaged in necessary public business.
(d)
Construction, excavation, repairs, or maintenance of streets or other
public improvements by or on behalf of the Village, county or state
at night when public welfare and convenience renders it reasonably
necessary to perform such work during the day.
(e)
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in nature.
(f)
Construction, excavation, or repairs to privately owned buildings
and structures, of a temporary nature, resulting from the operation
of machinery and/or equipment reasonably necessary to perform such
work during the day.
(g)
Any event conducted pursuant to either a permit or other approval
granted by the Village.
(6)
Methods
of measuring noise and/or methods of detecting vibrations.
(a)
Equipment. Noise measurements, with the exception of physical vibrations
caused by sound, shall be made with a sound level meter.
(b)
Location of noise meter. Noise measurements 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.
(c)
Vibrations. Unreasonably disturbing or unduly annoying physical
vibrations caused by sound which are in violation of this section
shall be determined by personal physical observation of the occupants
of the residence but shall be deemed violations only if verified by
personal physical observation of a Village police officer, building
inspector, or other Village official who has been granted access to
the residence, by the occupants, to verify that the vibrations levels
prohibited in this section are occurring.
(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.
E.
Permits for amplifying devices.
(1)
Permits for amplifying devices. The use of loudspeakers or amplifying
devices on the streets of the Village of Kimberly is prohibited unless
the party desiring to use such loudspeaker or amplifying device first
obtains a permit from the Chief of Police.
(2)
Grounds or reasons for denial or allowance. The Chief of the Fox
Valley Metro Police Department shall have the authority to revoke
such permit when he/she believes such loudspeaker or amplifying device
is becoming a nuisance because of the volume, the method in which
it is being used or the location in which it is being operated.
(3)
Time restrictions. The Chief of the Fox Valley Metro Police Department
shall not grant a permit to use a loudspeaker or amplifying device
before the hours 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.
A.
Disorderly conduct prohibited. No person within the Village of Kimberly
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/her person.
D.
Public
indecency.
[Added 12-5-2011 by Ord.
No. 15-2011]
(1)
NUDITY
PEEP
Definitions.
As used in this subsection, the following definitions shall be applicable:
The showing of the human male or female genitals, pubic area,
or buttocks with less than fully opaque covering, the showing of the
female breast with less than a fully opaque covering of any part of
the nipple, or the showing of covered male genitals in a discernibly
turgid state.
Any looking or peering of a clandestine, surreptitious, prying
or secretive nature.
(2)
Prohibitions.
Whoever does any of the following is guilty of public indecency:
(a)
Commits an indecent act of sexual gratification with another with
knowledge that they are in the presence of others.
(b)
Publicly and indecently exposes genitals or pubic area.
(c)
Appears publicly in a state of nudity.
(d)
Engages in masturbation, or conduct which would appear to an ordinary
observer to be masturbation, with knowledge that they are in the presence
of others or that they can be observed by others.
(3)
(4)
Exceptions.
(b)
Subsection D(2)(b) above shall not apply to the following:
[1]
A theater, concert hall, art center, museum or similar establishment
which is primarily devoted to the arts or theatrical performances
and in which any of the circumstances contained in this subsection
were permitted or allowed as part of such art exhibits or performances.
E.
Violent
and abusive behavior; nonverbal gestures. No person in any public
or private place may engage in any violent, abusive, indecent, profane,
boisterous, unreasonably loud or otherwise disorderly conduct which
tends to cause or provoke any immediate disturbance of public order
or tends to disturb or annoy any other person. Such prohibited conduct
also includes nonverbal gestures, signals or gang signs if said conduct
tends to cause or provoke any immediate disturbance of public order
or tends to disturb or annoy any other person.
[Added 12-5-2011 by Ord.
No. 15-2011]
F.
Disturbance
of meetings. No person may disrupt or disturb any congregation, audience,
public meeting or lawful assembly of persons of any kind or in concert
with others disturb or disrupt such meeting.
[Added 12-5-2011 by Ord.
No. 15-2011]
A.
Definition. "Marijuana" means all parts of the plants of the genus
cannabis, whether growing or not; the seeds thereof; the resin extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin,
including tetrahydrocannabinol(s). "Marijuana" does include the mature
stalks if mixed with other parts of the plant, but does not include
fiber produced from the stalks, oil or cake made from the seeds of
the plant, any other compound, manufacture, salt, derivative, mixture
or preparation of the mature stalks (except the resin extracted therefrom),
fiber, oil or cake or the sterilized seed of the plant which is incapable
of germination.
C.
Possession. No person may possess or attempt to possess marijuana
unless the person obtains the substance directly from or pursuant
to a valid prescription or order of a practitioner who is acting in
the course of his or her professional practice.
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, 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 facilities are located and
during the hours such facilities are specifically open to the general
public or an invited portion thereof; or
(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.
A.
DRUG PARAPHERNALIA
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
[10]
[11]
[12]
[13]
[14]
(2)
Definitions. The following definitions shall be applicable in this
section:
All equipment, products and materials of any kind that are
used, designed for use or primarily intended for use in planting,
propagating, cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body a
controlled substance or controlled substance analog in violation of
this section.
"Drug paraphernalia" includes, but is not limited to, any of
the following:
Kits used, designed for use or primarily intended for use in
planting, propagating, cultivating, growing or harvesting of any species
of plant that is a controlled substance or from which a controlled
substance or controlled substance analog can be derived.
Kits used, designed for use or primarily intended for use in
manufacturing, compounding, converting, producing, processing or preparing
controlled substances or controlled substance analogs.
Isomerization devices used, designed for use or primarily intended
for use in increasing the potency of any species of plant that is
a controlled substance.
Testing equipment used, designed for use or primarily intended
for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances or controlled substance analogs.
Scales and balances used, designed for use or primarily intended
for use in weighing or measuring controlled substances or controlled
substance analogs.
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, designed for use or primarily
intended for use in cutting controlled substances or controlled substance
analogs.
Separation gins and sifters used, designed for use or primarily
intended for use in removing twigs and seeds from or in otherwise
cleaning or refining marijuana.
Blenders, bowls, containers, spoons and mixing devices used,
designed for use or primarily intended for use in compounding controlled
substances or controlled substance analogs.
Capsules, balloons, envelopes and other containers used, designed
for use or primarily intended for use in packaging small quantities
of controlled substances or controlled substance analogs.
Containers and other objects used, designed for use or primarily
intended for use in storing or concealing controlled substances or
controlled substance analogs.
Objects used, designed for use or primarily intended for use
in ingesting, inhaling or otherwise introducing marijuana, cocaine,
hashish or hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
Roach clips, meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chilams.
Bongs.
Ice pipes or chillers.
Electronic delivery devices.
[Added 4-1-2019 by Ord. No. 1-2019]
B.
Possession of drug paraphernalia. No person may use or possess with
the primary intent to use drug paraphernalia to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale or otherwise introduce into the human body
a controlled substance or controlled substance analog in violation
of this section.
C.
Manufacture or delivery of drug paraphernalia. No person may deliver,
possess with intent to deliver, or manufacture with intent to deliver,
drug paraphernalia, knowing that it will be primarily used to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale or otherwise introduce into the human
body a controlled substance or controlled substance analog in violation
of this section.
D.
Delivery of drug paraphernalia to a minor. Any person who violates Subsection B by delivering drug paraphernalia to a person 17 years of age or under would be in violation of this section.
E.
Juvenile penalties; suspension of operating privileges. If the Court finds a juvenile committed a violation under Subsection B, C or D above, the Court shall suspend the juvenile's operating privilege, as defined in § 340.01(40), Wis. Stats., for not less than six months nor more than five years and, in addition, shall order one of the following penalties:
(1)
For a first violation, a forfeiture of not more than $50 or the juvenile's
participation in a supervised work program or other community service
work under Village of Kimberly ordinance(s), or both.
(2)
For a violation committed within 12 months of a previous violation,
a forfeiture of not more than $100 or the juvenile's participation
in a supervised work program or other community service work under
Village of Kimberly ordinance(s), or both.
(3)
For a violation committed within 12 months of two or more previous
violations, a forfeiture of not more than $500 or the juvenile's
participation in a supervised work program or other community service
work under Village of Kimberly ordinance(s), or both.
F.
Possession of suspended licenses. Whenever a Court suspends a juvenile's
operating privilege under this section, the Court shall immediately
take possession of any suspended license and forward it to the Wisconsin
Department of Transportation, together with the notice of suspension
clearly stating that the suspension is for a violation under § 961.573(2),
961.574(2) or 961.575(2), Wis. Stats., or a local ordinance that strictly
conforms to one of those statutes.
G.
Effective date if operating privileges already suspended. If the
juvenile's license or operating privilege is currently suspended
or revoked or the juvenile does not currently possess a valid operator's
license issued under Ch. 343, Wis. Stats., the suspension under this
subsection is effective on the date on which the juvenile is first
eligible and applies for issuance or reinstatement of an operator's
license under Ch. 343, Wis. Stats.
H.
Adult penalties. If the Court finds an adult committed a violation under Subsection B, C or D above, the Court shall order one of the following penalties:
(1)
For a first violation, a forfeiture of not more than $50 or participation
in a supervised work program or other community service work under
Village of Kimberly ordinance(s), or both.
(2)
For a violation committed within 12 months of a previous violation,
a forfeiture of not more than $100 or participation in a supervised
work program or other community service work under Village of Kimberly
ordinance(s), or both.
[Added 1-24-2011 by Ord. No. 3-2011; amended 3-7-2011 by Ord. No.
5-2011]
A.
It shall
be illegal for any person to use, possess, purchase or attempt to
purchase, sell, publicly display for sale, attempt to sell, give or
barter synthetic cannabinoid, consisting of any one or more of the
following chemicals, whether under the common street or trade names
of "Spice," "K2," "Genie," "Yucatan Fire," "fake" or "new" marijuana,
or by any other name, label or description:[1]
(1)
Salviadivinorum
or Salvinorum A; all parts of the plant classified botanically as
Salvia divinorum, whether growing or not; the seeds thereof; any extract
from any part of such plant; and every compound, manufacture, salts
derivative, mixture or preparation of such plant, its seeds or extracts;
(2)
(6aR,
10aR)-9-(hydroxymethyl)-6, 6dimethyl-3 (2methyloctan-2-yl)-6a, 7,
10, 10a-tetrahydrobenzo[c]chromen-1-ol some trade or other names:
HU-210;
(3)
1-Pentyl-3-(1-naphthoyl)
indole- some trade name or other names: JWH-018;
(4)
1-Butyl-3-(1-naphthoyl)
indole- some trade name or other names: JWH-073;
(5)
1-(3{trifluoromethylphenlyl})
piperazine- some trade or other names: TFMPP; or
(6)
Any
similar structural analogs.
B.
Medical or dental use allowed. Acts otherwise prohibited under Subsection A shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided that such use is permitted under state and federal laws.
