Chapter 439 Peace and Good Order

Whoever attempts to commit an act prohibited by Chapters 150, 218, 222, 255, 321, 355, 360, 365, 374, 405, 439, 460, 469, 484, 533, 594 and 618 of the Code of the Village of Argyle may be required to forfeit amounts not to exceed 1/2 the maximum penalty for the completed act.

An attempt to commit an act prohibited by the ordinances in Chapters 150, 218, 222, 255, 321, 355, 360, 365, 374, 405, 439, 460, 469, 484, 533, 594 and 618 of this Code requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute a violation of these ordinances and that he/she does acts towards the commission of the violation which demonstrate unequivocally, under all the circumstances, that he/she formed that intent and would commit the violation except for the intervention of another person or some other extraneous factor.

Parties to acts prohibited in Chapters 150, 218, 222, 255, 321, 355, 360, 365, 374, 405, 439, 460, 469, 484, 533, 594 and 618 of the Code of the Village.

Whoever is concerned in the commission of an act prohibited by said chapters of this Code is a principal and may be charged with and convicted of the commission of said act although he/she did not directly commit it and although the person who directly committed it has not been convicted of some other act prohibited by these ordinances.

A person is concerned in the commission of an act prohibited by these ordinances if he/she:

Directly commits the act;

Intentionally aids and abets the commission of it; or

Article II Offenses Against Public Safety and Peace

Is a party to a conspiracy with another to commit it or advises, hires, counsels, or otherwise procures another to commit it. Such party is also concerned in the commission of any other act which is committed in pursuance of the intended violation and which, under the circumstances, is the natural and probable consequence of the intended violation. This paragraph does not apply to a person who voluntarily changes his/her mind and no longer desires that the act be committed and notifies the other parties concerned of his/her withdrawal within a reasonable time before the commission of the violation so as to allow the others also to withdraw.

§ 439-3 Regulation of firearms, explosives, and other missiles.

Discharge of firearms 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 of any description in his/her possession or under his/her control within the Village of Argyle, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the Village Board or the firing or discharging of BB guns upon private premises by persons over 16 or under the direct personal supervision of a parent or legal guardian.

The Chief of Police may issue written permits to owners or occupants of private premises to shoot on such premises if he/she finds such privileges necessary for the elimination of vermin, subject to such safeguards as he/she may impose for the safety of the lives and property of other persons within the Village.

Hunting prohibited. No hunting of any kind shall be allowed within the corporate boundaries of the Village of Argyle except as permitted in Subsection A above. Open hunting seasons, as defined by the Wisconsin Department of Natural Resources, shall not be effective within such municipal boundaries.

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 Argyle in a dangerous manner.

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.

Throwing or shooting of arrows, stones or other missiles prohibited.

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 600 feet of any inhabited dwelling or building or any public park, square or enclosure.

This subsection shall not apply:

To the shooting or discharging of toy arrows or arrows which have a tip made of rubber or similar material.

To a supervised archery range approved by the Village Board.

§ 439-4 Carrying concealed weapons prohibited; certain weapons prohibited.

Within the interior of a single-family dwelling.

(d)

To private archery practice, provided such targets are placed in front of a building or an open agricultural field in such a manner as to prevent stray arrows from crossing or entering adjacent properties, provided that such person first has been granted permission by the Chief of Police, in writing, to construct and maintain an approved archery range, if in the opinion of the Chief of Police the construction of such range will in no way endanger the public health and safety.

Definitions. For purposes of this section, the following terms shall have the meanings indicated:

FIREARM

Any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gunpowder.

Concealed weapons prohibited.

Prohibition. No person shall, within the Village of Argyle, wear or in any manner carry under his/her clothes or conceal upon or about his/her person any deadly or dangerous weapon, starter pistol or toy designed to closely resemble an actual firearm, provided this subsection shall not apply to a peace officer or such persons as may be authorized to carry such weapons.

Dangerous weapon defined. "Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

Weapons in public establishments. No person shall carry or be possessed of a dangerous weapon in any public building or business establishment open to the public except a bona fide weapons repair, display or sales establishment, unless such dangerous weapon is so stored and secured (other than on the person) so as not to be readily accessible to any person or patron. This subsection shall not apply to peace officers or others duly authorized by law acting within the scope of their duties. This subsection shall not be construed to prohibit the sale, purchase, repair or trade of firearms by a retail business establishment doing so in the course of its regular business in accord with state and federal law, nor to hinder a prospective customer from attempting to buy, sell or trade firearms to or from a retailer.

Specific concealed weapons prohibited.

No person, except a sheriff, constable, police officer or other law enforcement officer acting within the scope of their duties, shall carry or wear concealed about his/her person any pistol, revolver, firearm, slingshot, crossknuckle of lead, brass or other materials, bowie knife, switchblade, dirk or dagger or any other dangerous or deadly weapon within the Village.

Any weapon involved in an offense under this subsection above may be seized and may be forwarded, within 48 hours of seizure, to the Crime Laboratory Division of the Wisconsin Department of Justice for examination. After examination by the Crime Laboratory, the weapon shall be returned to the Village of Argyle Police Department. If the weapon is owned by a person convicted under this subsection, it may be confiscated by the Argyle Police Department. If it is owned by a person other than the person convicted, the trial judge may decide whether such weapon shall be returned to its rightful owner or confiscated by the Argyle Police Department.

Possession, sale and manufacture of certain weapons prohibited.

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 Argyle.

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

CHURKIN

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

NUMCHUK or NUNCHAKU

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

SUCBAI

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

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.

Reckless use of weapons.

Acts prohibited.

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.

No person shall operate or go armed with a firearm, air gun, knife or bow and arrow while he/she is under the influence of an intoxicant.

No person shall intentionally point a firearm, air gun, knife or bow and arrow at or toward another person.

§ 439-5 Safe use and transportation of firearms and bows.

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.

Definitions. In this section:

AIRCRAFT

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

ENCASED

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

FIREARM

A weapon that acts by force of gunpowder.

HIGHWAY

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

MOTORBOAT

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

ROADWAY

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

UNLOADED

Any of the following:

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

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

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

VEHICLE

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

Prohibitions; motorboats and vehicles; highways and roadways.

Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

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 unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

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

Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet from the center of a road.

A person who violates Subsection B(1) through (4) above is subject to a forfeiture pursuant to § 1-2.

Exceptions.

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

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

A member of the U.S. armed forces.

A member of the National Guard.

Subsection B(1), (2) and (3) do not apply to the holder of a scientific collector permit under § 29.614, Wis. Stats., who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.

§ 439-6 Sale and discharge of fireworks restricted.

Subsection B(2) and (3) do not apply to the holder of a permit under § 29.193(2), Wis. Stats., who is hunting from a standing automobile in accordance with that subsection.

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/she shall be authorized by a fireworks permit as provided in Chapter 309, 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.

§ 439-7 Obstructing streets and sidewalks prohibited.

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 Argyle in such a manner as to:

Prevent or obstruct the free passage of pedestrian or vehicular traffic thereon;

Prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place; or

Cause a nuisance by congregating and hindering the free passage of pedestrian or vehicular traffic.

Obstructing public ways.

No person shall obstruct or interfere with by any means any vehicular, railroad or pedestrian traffic on any public walk, highway, street, alley, railroad track or public thoroughfare for the purpose of disrupting the orderly movement of such traffic or to impede intentionally or unintentionally the flow of the vehicular, train or pedestrian traffic on a public walk, highway, street, alley, railroad track or public thoroughfare or at any public building or premises, parking lot or structure.

§ 439-8 Loitering and unlawful assemblies prohibited.

Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or on a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets and sidewalks, is a violation of this section.

Definitions. As used in this section, the following terms shall have the meanings indicated, unless the context clearly indicates that a different meaning is intended:

LOITER

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.

NUISANCE

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 Argyle.

OBSTRUCT

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.

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.

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.

Public property loitering prohibited.

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.

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.

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.

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.

Private property loitering prohibited.

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 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 public building at such times that the same shall be closed for the usual and normal business conduct thereat.

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.

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.

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.

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/herself or manifestly endeavors to conceal himself/herself or any object. Unless flight by the person or other circumstances makes it impracticable, a law enforcement 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 subsection if the law enforcement 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 law enforcement officer at the time, would have dispelled the alarm.

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.

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.

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.

Loitering by underage persons where alcohol beverage is dispensed.

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.

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.

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:

LOITER

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.

NUISANCE

UNLAWFUL ASSEMBLIES

An "unlawful assembly" is an assembly which consists of three or more persons and which causes such a disturbance of public order that it is reasonable to believe that the assembly will cause injury to persons or damage to property unless it is immediately dispersed. An unlawful assembly includes an assembly of persons who assemble for the purpose of blocking or obstructing the lawful use by any other person or persons of any private or public thoroughfares, property or of any positions of access or exit to or from any private or public building, or dwelling place, or any portion thereof, and which assembly does in fact so block or obstruct the lawful use by any other person or persons of such private or public thoroughfares, property or any position of access or exit to or from any private or public building or dwelling place, or any portion thereof.

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: 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 produce another to commit an act of prostitution. No arrest shall be made for a violation of this subsection unless the law enforcement 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:

Public place is 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.

§ 439-9 Loud and unnecessary noise prohibited.

"Known prostitute or panderer" means 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.

Unlawful assemblies. Whoever intentionally fails or refuses to withdraw from an unlawful assembly which the person knows has been ordered to disperse is guilty of a violation of this section.

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.

Types of loud and unnecessary noises. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:

Horns, 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 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.

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.

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.

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

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, 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.

(7)

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.

(8)

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

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

Excavations or repairs of streets or other public construction by or on behalf of the Village, county or state at night when public welfare and convenience renders it impossible to perform such work during the day.

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

Permits for amplifying devices.

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

Grounds or reasons for denial or allowance. The Chief of Police 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.

Time restrictions. The Chief of Police shall not grant a permit to use a loudspeaker or amplifying device before the hours of 9:00 a.m. or after 10:00 p.m. No permit shall 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.

§ 439-10 Disorderly conduct.

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

In any public or private place, engage in violent, noisy, riotous, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to annoy or disturb any other person;

Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation;

With intent to annoy another, make a telephone call, whether or not conversation ensues;

Indecently expose his or her person; or

§ 439-11 Unauthorized presence on school property.

Be in any business or private structure, private vehicle or upon any private grounds without the consent of the owner.

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 an 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 an immediate disturbance of public order or tends to disturb or annoy any other person.

Defecating or urinating in public places. It shall be unlawful for any person to defecate or urinate outside of designated 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, or to indecently expose his person.

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.

Unauthorized presence.

No student who is under suspension, expulsion, or other disciplinary procedures excluding him/her 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 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.

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.

"Authorized person" shall include:

Any person who is present at any school building or school grounds for the purpose previously authorized by the school or their designee;

Any person transporting a student and who utilizes the driveway specified for loading and unloading personnel; or

Any person utilizing a designated area for attending an athletic or other organized school event.

Disorderly conduct on public school property.

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.

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.

All entrances to the school buildings referred to in Subsection A shall be posted by the School Board with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."

§ 439-12 Failure to obey lawful order, resisting an officer.

"Unauthorized presence" shall include 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 regulates parking to certain authorized vehicles, they are in violation. Such vehicle may be issued a Village summons that regulates parking or 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.

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 Argyle or upon any School District grounds or within adjacent posted school zones on any day when such schools are in session.

Possession of intoxicating liquor and fermented malt beverages. No person shall possess intoxicating liquor or fermented malt beverages while on any school property.

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.

LOITER

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.

NUISANCE

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.

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/her duty, or to in any way interfere with or hinder or prevent him/her from discharging his/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, or to fail to obey the order or direction of such officer while such officer is acting in his/her official capacity in carrying out his/her duties.

§ 439-13 Possession of controlled substances; marijuana; toxic inhalants.

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 under Ch. 961, Wis. Stats., 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/her professional practice, or except as otherwise authorized by this Code.

Possession of marijuana.

No person shall possess 25 grams or less of marijuana (tetrahydrocannabinols, commonly known as "THC," in any form including tetrahydrocannabinols contained in marijuana, obtained from marijuana or chemically synthesized), as defined in § 961.01, 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.

For purposes of this section, "practitioner" means:

A physician, dentist, veterinarian, podiatrist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in the State of Wisconsin.

A pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in the State of Wisconsin.

This section does not apply to any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of any amount of marijuana, in the State of Wisconsin.

Toxic inhalants.

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

TOXIC INHALANTS

Any glue, paint, gasoline, aerosol, adhesive cement, mucilage, plastic cement or any similar substance containing one or more of the following volatile substances:

Acetone;

Benzene;

Butyl alcohol;

Cyclohexanone;

Ethyl acetate;

Ethyl alcohol;

Ethylene dichloride;

Hexane;

Isopropl alcohol;

Methyl alcohol;

Methyl celosove;

Acetate;

Methyl ethyl ketone;

Methyl isobutyl ketone;

Pentachlorphenol;

Petroleum ether;

Trichlorethylene;

Tricresylphosphate;

Toluene;

Toluol; or

Any other chemical capable of producing intoxication when inhaled.

Inhalation of vapors or fumes from toxic inhalants prohibited. No person shall inhale or otherwise introduce into his respiratory tract any toxic vapors or fumes which may be released from any toxic inhalants with the intent of becoming intoxicated, elated, excited, stupefied, irrational, paralyzed, or of changing, distorting or disturbing his/her eyesight, thinking process, judgment, balance or muscular coordination.

Limitations on sales, transfer and possession of toxic inhalants. No person shall, for the purpose of violating or aiding another to violate any provision of this subsection, possess, buy, sell, transfer possession or receive possession of any toxic inhalants.

Additional penalties. In addition to the penalties in § 1-2 of this Code:

If any adult violates Subsection B or C, the Court shall, in addition to any other penalties that may apply to the offense, suspend or revoke the person's operating privilege for not less than six months nor more than five years. The Court shall immediately take possession of any suspended or revoked license and forward it to the Department of Transportation, together with the record of conviction and notice of suspension or revocation.

If any person who is under 18 years of age violates Subsection B or C, such person shall be subject to the same penalties set forth in Subsection D(1).[1]

[1]

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

If any person who is under 18 years of age violates Subsection B or C, the Court shall, in addition to any other penalties that may apply to the offense, suspend or revoke the person's operating privilege for not less than six months nor more than five years. The court shall immediately take possession of any suspended or revoked license and forward it to the Department of Transportation, together with the record of conviction and notice of suspension or revocation.

§ 439-14 Crossing a police line.

No individual shall cross a police or fire line that has been so designated by banner, signs or other similar identification.

§ 439-15 Harassment.

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:

Strike, shove, kick or otherwise subject the person to physical contact or attempt or threaten to do the same.

Engage in a course of conduct or repeatedly commit acts which harass or intimidate the person and which serve no legitimate purpose.

Harassing or obscene telephone calls. Whoever commits any of the following acts shall be subject to the general penalty as provided in § 1-2 of this Code:

Make any comment, request, suggestion or proposal which is obscene, lewd, lascivious or indecent;

Make a telephone call, whether or not conversation ensues, with the intent to abuse, threaten or harass any person at the called number or numbers;

Make or cause the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers;

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

§ 439-16 Open cisterns, wells, basements or other dangerous excavations prohibited.

Knowingly permit any telephone under his/her control to be used for any purpose prohibited by this section;

(6)

In conspiracy or concerted action with other persons, make 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/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.

§ 439-17 Gambling, lotteries, fraudulent devices and practices prohibited.

All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the Village, except as provided by state law. Any law enforcement officer of the Village may seize anything devised solely for unlawful 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.

§ 439-18 Obstructing emergency or rescue personnel.

Definitions. For the purposes of this section, the following definitions apply to the terms as used herein:

AMBULANCE

An emergency vehicle, including any motor vehicle, boat or aircraft, whether privately or publicly owned, which is designated, constructed or equipped to transport patients.

AMBULANCE ATTENDANT

A person who is responsible for the administration of emergency care procedures, proper handling and transporting of the sick, disabled or injured persons, including, but not limited to, ambulance attendants and ambulance drivers.

AMBULANCE SERVICE PROVIDER

A person engaged in the business of transporting sick, disabled or injured persons by ambulance to or from facilities or institutions providing health services.

AUTHORIZED EMERGENCY VEHICLE

Any of the following:

Police vehicles, whether publicly or privately owned;

Conservation wardens' vehicles or foresters' trucks, whether publicly or privately owned;

Vehicles of a fire department or fire patrol;

Privately owned motor vehicles being used by deputy state fire marshals or by personnel of a full-time or part-time fire department or by members of a volunteer fire department while en route to a fire or on an emergency call pursuant to orders of their chief or other commanding officer;

BONA FIDE EMERGENCY or BONA FIDE REQUEST FOR EMERGENCY SERVICES

Such emergency vehicles of municipal or county departments or public service corporations as are designated or authorized by the local authorities to be authorized emergency vehicles;

(6)

Such emergency vehicles of state departments as are designated or authorized by the heads of such departments to be authorized emergency vehicles;

(7)

Such ambulances, publicly owned, as are designated or authorized by local authorities to be authorized emergency vehicles; and

(8)

Such ambulances which are privately owned and are operated by owners or their agents and which vehicles are authorized by the Sheriff or others designated by the County Board to be operated as emergency vehicles. The Sheriff or others designated by the County Board may make such authorization, which shall be in writing and which shall be effective throughout the state until rescinded. The Sheriff or others designated by the County Board may designate any owner of ambulances usually kept in the county to operate such vehicles as authorized emergency vehicles. Such written authorization shall at all times be carried on each ambulance used for emergency purposes. The Sheriff shall keep a file of such authorizations in his office for public inspection, and all other persons permitted to issue authorizations shall file a copy of all authorizations issued with the Sheriff, who shall keep them on file.

Those circumstances wherein the caller reasonably believes that person(s) and or property may be in actual or potential danger of injury and, in the case of person(s), in danger of illness.

EMERGENCY MEDICAL PERSONNEL

Any emergency medical personnel, ambulance attendant, peace officer or firefighter, or other person operating or staffing an ambulance or an authorized emergency vehicle.

PERSON

Any individual, firm, partnership, association, corporation, trust, foundation, company, any governmental agency other than the U.S. government, or any group of individuals, however named, concerned with the operation of an ambulance.

Prohibitions. It is the intent of the Village of Argyle, in its adoption of this provision, to protect against the foregoing activities in a manner consistent with that provided by § 941.37, Wis. Stats. The following acts are prohibited and perpetration thereof subjects the violator to penalty as provided by § 1-2 of this Code:

Knowingly obstructing any emergency medical personnel in the performance of duties relating to an emergency or rescue;

Intentionally interfering with any medical personnel in the performance of duties relating to an emergency or rescue, when it is reasonable that the interference may endanger another's safety; or