A.
Definition. For purposes of this section, "firearm" is defined as
any instrumentality from or with which a shot, bullet or pellet may
be discharged or expelled, regardless of whether the propelling force
is provided by air, spring or other similar mechanical device or gunpowder.
B.
Discharge of firearms and other weapons regulated. No person, except
a law enforcement officer in the performance of an official duty,
shall fire or discharge any firearm, rifle, spring gun, air gun or
pneumatic pellet gun, or bow and arrow of any description in his or
her possession or under his or her control within the Village of Belleville,
with the following exceptions:
[Amended 9-17-2012 by Ord. No. 2012-09-01; 1-21-2013 by Ord. No.
2013-01-01]
(1)
On
all lands acquired using State of Wisconsin Knowles-Nelson Stewardship
Program funds, use of archery equipment for hunting and trapping is
allowed according to applicable state regulations.
(2)
On
lands acquired after January 1, 2013, using State of Wisconsin Knowles-Nelson
Stewardship Program funds and once a Village permit is obtained from
the Village Administrator, use of archery equipment and guns for hunting
and trapping is allowed according to applicable state regulations.
Rifles larger than .22 caliber are prohibited. The form of the permit
and fee charged to obtain the permit shall be established by the Village
Finance and Personnel Committee and may be amended from time to time.
D.
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 Belleville.
E.
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.
F.
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 as provided in Chapter 209, Blasting and Rock Crushing, of this Code.
[Amended 9-17-2012 by Ord. No. 2012-09-01]
G.
Throwing or shooting of arrows, stones, or other missiles prohibited.
(1)
It shall be unlawful for any person to discharge or cause the discharge
of any dangerous missile from any slingshot, bow and arrow or other
means within 300 feet of any inhabited dwelling or building or any
public park, square or enclosure.
[Amended 10-17-2011 by Ord. No. 2011-10-01]
A.
Pursuant to § 943.13(1m)(c)4, Wis. Stats., no person shall
enter or remain in any part of a building owned, occupied or controlled
by the state or local governmental unit if the state or local governmental
unit has notified the person not to enter or remain in the building
while carrying a firearm or specific type of firearm or weapon as
defined in state statutes.
B.
The Village Clerk/Treasurer shall cause signage to be erected at
all entrances to all buildings owned, occupied or under the control
of the Village of Belleville providing notice that no person is to
enter or remain in any such building while carrying a firearm. Such
signs shall be five inches by seven inches or larger.
C.
Nothing in this section shall be construed to apply to prohibit a
peace officer or armed forces or military personnel armed in the line
of duty or any person duly authorized by the Chief of Police to possess
a firearm in any public building. Notwithstanding § 939.22(22),
Wis. Stats., for purpose of this subsection "peace officer" does not
include a commission warden who is not a state-certified commission
warden.
D.
Nothing in this section shall be construed to authorize the carrying
of any firearm or dangerous weapon contrary to § 941.23
or 941.235, Wis. Stats.
E.
Penalties for violating this section shall not be less that $20 nor
more than $1,000.
F.
Possession, sale, and manufacture of certain weapons prohibited.
(1)
CHURKIN
NUMCHUK or NUNCHAKU
SUCBAI
For the purpose of this subsection, the following definitions shall
apply:
A round throwing knife consisting of several sharp points
protruding from a rounded disc.
An instrument consisting of two or more sticks, clubs, or
rods connected by a rope, cord, wire, or chain.
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.
(2)
No person shall sell, manufacture, purchase, possess or carry metallic
knuckles or knuckles of any substance which could be put to the same
use with the same or similar effect as metallic knuckles, a numchuk
(also called a "nunchaku") or any similar weapon, a cestus or similar
material weighted with metal or other substance and worn on the hand,
a churkin (also called a "suriken") or any similar object intended
to injure a person when thrown, a sucbai or similar weapon, a manrikigusari
or a similar length of chain having weighted ends, or any other martial
arts device or instrumentality which, in the manner it is used or
intended to be used, is calculated or likely to produce injury or
death to another person within the Village of Belleville.
(3)
Any such device shall be seized by a law enforcement officer and
destroyed or turned over to the State of Wisconsin Crime Laboratory
for destruction.
G.
Reckless use of weapons.
(1)
Reckless conduct defined. "Reckless conduct" consists of an act which
creates a situation of unreasonable risk and high probability of death
or great bodily harm to another and which demonstrates a conscious
disregard for the safety of another and a willingness to take chances
of perpetrating an injury.
(2)
Acts prohibited.
(a)
No person shall endanger another's safety by reckless conduct
in the operation or handling of a firearm, air gun, knife or bow and
arrow.
(b)
No person shall operate or go armed with a firearm, air gun,
knife or bow and arrow while he or she is under the influence of an
intoxicant.
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 Village unless he or she shall be authorized by a fireworks permit as provided in Chapter 276, 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 fireworks, rockets or similar missiles containing explosive fuel.
A.
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 Village of Belleville.
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 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.
B.
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 Village of Belleville 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.
C.
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.
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.
B.
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 law
enforcement 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.
C.
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
from any person in authority at such places. No person shall loiter
in or about the doorway, 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 a public building at such
times that the same shall be closed for the usual and normal business
conducted 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 is 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.
D.
Loitering or prowling prohibited.
(1)
No person shall loiter or prowl in a place, at a time or in a manner
not usual for law abiding individuals under circumstances that warrant
alarm for the safety of persons or property in the vicinity. Among
the circumstances which may be considered in determining whether such
alarm is warranted is the fact that the person takes flight upon appearance
of a police or peace officer, refuses to identify himself or herself
or manifestly endeavors to conceal himself or herself or any object.
Unless flight by the person or other circumstances 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 or her
to identify himself or herself and explain his or her presence and
conduct. No person shall be convicted of an offense under this subsection
if the police 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.
(2)
No person shall hide, wait or otherwise loiter in the vicinity of
any private dwelling house, apartment building, or any other place
of residence with the unlawful intent to watch, gaze or look upon
the occupants therein in a clandestine manner.
(3)
No person shall lodge in any building, structure or place, whether
public or private, without the permission of the owner or person entitled
to possession or in control thereof.
(4)
No person shall loiter in or about a restaurant, tavern or other
public building. As used in this subsection, "loiter" means to, without
just cause, remain in a restaurant, tavern or public building or to
remain upon the property immediately adjacent thereto after being
asked to leave by the owner or person entitled to possession or in
control thereof.
E.
Loitering by underage persons where alcohol beverage is dispensed.
(1)
Underage persons and intoxicants. No underage person shall enter,
remain or loiter in any public or private place where any fermented
malt beverage or other alcohol beverage is sold, dispensed, given
away or made available, unless accompanied by a parent, guardian or
spouse who has attained the legal drinking age.
(2)
Permitting loitering prohibited. No person of legal drinking age
shall permit any underage person to enter, remain or loiter in any
premises, public or private, where fermented malt beverages or other
alcohol beverages are served, sold, dispensed, given away or made
available, unless such underage person is accompanied by a parent,
guardian or spouse who has attained the legal drinking age.
F.
KNOWN PROSTITUTE OR PANDERER
PUBLIC PLACE
Soliciting. 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 are
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 operators 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 procure
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. 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 are 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 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.
(2)
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. Sunday through Thursday,
and between 12:00 midnight and 7:00 a.m. on Fridays, Saturdays and
holidays 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.
[Amended 11-17-2014 by Ord. No. 2014-11-02]
(3)
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)
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.
(6)
Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building by 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 and including Saturdays; provided, however, that
the Chief of Police 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.
(7)
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. 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 Village while engaged in necessary public business.
(2)
Excavations or repairs of streets or other public construction by
or on behalf of the Village, county, or state at night when public
welfare and convenience render 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.
A.
Disorderly conduct prohibited. No person within the Village of Belleville
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.
(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 Village, 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.
A.
AUTHORIZED PERSON
(1)
(2)
(3)
LOITER
NUISANCE
UNAUTHORIZED PRESENCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes any person:
Who is present at any school building or school grounds for
a purpose previously authorized by the school or its designee.
Transporting a student and who utilizes the driveway specified
for loading and unloading personnel.
Utilizing a designated area for attending an athletic or other
organized school event.
Includes any vehicle that is found on school property which
has not received permission to be there. If the occupants or owners
are not on school property for some legitimate business or activity
or are parked in an area that restricts parking to certain authorized
vehicles, they are in violation. Such vehicle owner may be issued
a notice of parking violation or the vehicle may be towed away at
the direction of the school principal or person in charge of such
school building. Law enforcement officers may also have any vehicle
towed away which, because of its location, creates a hazard to life
or property.[3]
B.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or other disciplinary
procedures excluding him from attending any school located within
the Village 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 (including the school swimming
pool) 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 refuse to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection B(1), shall be guilty of trespass.
(3)
All entrances to the school buildings referred to in this subsection
shall be posted with a notice stating "Entry Into School Building
by Unauthorized Person Prohibited."
C.
Disorderly conduct on public school property.
(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.
D.
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 Village of Belleville
or upon any school district grounds or within adjacent posted school
zones on any day when such schools are in session.
E.
Possession of intoxicating liquor and fermented malt beverages. No
person shall possess intoxicating liquor or fermented malt beverages
while on any school property.
During posted closed hours, no person shall be upon or within
any swimming pool premises which is enclosed by a fence and which
is on school district property, and during posted closed hours, no
person shall be upon or within any building or structure which is
used in connection with a swimming pool and which is on school district
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 or her
duty, or to in any way interfere with or hinder or prevent him or
her from discharging his or her 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.[1]
[Amended 8-3-2009 by Ord. No. 2009-08-01]
A.
Possession of controlled substances. It is unlawful for any person
to possess a controlled substance, other than a controlled substance
classified in Schedules I and II,[1] which is a narcotic drug, unless the substance was obtained
directly from, or pursuant to a valid prescription or order of, a
practitioner while acting in the course of his or her professional
practice, or except as otherwise authorized by this Code.
[1]
Editor's Note: See §§ 961.14 and 961.16, Wis.
Stats.
B.
Possession of marijuana.
(1)
No person shall possess 25 grams or less of marijuana, as defined
in § 961.01(14), Wis. Stats., unless it was obtained directly
from, or pursuant to, a valid prescription or order of a practitioner
while acting in the course of his or her professional practice, or
except as otherwise authorized by Ch. 961, Wis. Stats.
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 or electronic communications. A person who commits any of the following acts shall be subject to the general penalty as provided in § 1-4 of this Code:
[Amended 1-18-2010 by Ord. No. 2010-01-03[1]]
(1)
Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent.
(2)
Makes a telephone call or electronic communications, 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 or electronic communications, during
which conversation ensues, solely to harass any person at the called
number or numbers.
(5)
Knowingly permits any telephone under his or her 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 or her 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.
All forms of gambling, lotteries and fraudulent devices and
practices are prohibited within the Village, except as provided by
state law. Any police officer of the Village may seize anything devised
solely for gambling or found in actual use for gambling within the
Village and dispose thereof after a judicial determination that such
device was used solely for gambling or found in actual use for gambling.
