[Added 3-25-1985 (Sec. 12.10 of the 1967 Code); amended 12-11-2017]
A. The provisions of Chs. 941 through 948, Wis. Stats., and as from
time to time amended, are hereby adopted by reference and made a part
of this Section as if fully set forth herein. Any act required to
be performed or prohibited by any statute incorporated herein by reference
is required or prohibited by this Section.
B. Municipal Court jurisdiction.
(1) Ch. 938, Wis. Stats., including any amendments and/or revisions thereto,
is hereby adopted by reference into this Code as if fully set forth
herein.
(2) Subject to the provisions and limitations of Ch. 938, Wis. Stats.,
and as amended and/or revised, complaints alleging a violation of
any provision of this Code against nonadult persons may be brought
in the Municipal Court for the Village.
C. Penalty. Any person violating this Section shall be subject to §
1-2 of this Code, unless another penalty is mandated by statute or ordinance.
[Added 12-13-2010 (Sec. 8.18 of the 1967 Code); amended 12-11-2017]
Wisconsin Statutes § 101.123, Smoking prohibited, is hereby adopted by reference, and as from time to time amended, as if fully set forth in this Code. Any person violating this Section shall be subject to §
1-2 of this Code.
[Added 9-12-1994 (Sec. 12.14 of the 1967 Code)]
A. Drug paraphernalia. The statutory provisions in § 961.571
through 961.575, Wis. Stats., describing and defining regulations
with respect to drug paraphernalia, exclusive of any provisions therein
for which the statutory penalty is imprisonment, are hereby adopted
and made a part of this section as if set forth herein. Any act required
to be performed or prohibited by any statute incorporated herein by
reference is required or prohibited by this section. Any future amendments,
revisions or modifications of the statutes incorporated herein by
reference are intended to be made part of this section.
B. Marijuana possession. It is unlawful for any person to possess any
material, compound, mixture or preparation which contains 25 grams
or less of tetrahydrocannabinols (THC) or marijuana or its salts,
isomers or salts of isomers, unless the substance was obtained directly
from, or pursuant to a valid prescription or order of, a practitioner
within the meaning of § 961.01(19), Wis. Stats., while acting
in the course of his professional practice, or except as otherwise
authorized by Ch. 961, Wis. Stats.
[Amended 12-11-2017]
C. Penalty.
(1) Any person violating this Section shall be subject to §
1-2 of this Code.
[Amended 12-11-2017]
(2) Any person under 18 years of age who violates this section shall
be subject to a disposition under § 938.344(2e), Wis. Stats.
[Added 12-13-2010 (Sec. 8.19 of the 1967 Code)]
A. Possession, use and sale illegal. It shall be illegal for any person
to use, possess, purchase, attempt to purchase, sell, publicly display
for sale or attempt to sell, give or barter any one or more of the
following chemicals, whether under the common street or trade names
of "Spice," "K," "Genie," "Yucatan Fire," "fake" or "new" marijuana,
or by any other name, label or description, including:
[Amended 12-11-2017]
(1) Those substances listed in § 961.14(4)(tb), Wis. Stats.,
and as from time to time amended; and
(2) Any other substance which is a cannabinoid receptor agonist ("cannabinoid
receptor agonist" means a substance that has an affinity for and stimulates
physiological activity in a cannabinoid receptor within the human
brain); or
(3) Any other 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.
C. Penalties. Any person violating this Section shall be subject to §
1-2 of this Code, except that instead of the forfeiture amounts listed there, the following forfeiture amounts shall be applicable instead:
[Amended 12-11-2017]
(1) Possession/use: a forfeiture of $300 to $500, exclusive of costs.
(2) Sale: a forfeiture of $2,000 to $3,000, exclusive of costs.
[Added 11-25-2002; amended 12-11-2017]
No persons, not in official attendance at or on official school business with the Everest School District public schools or any private or parochial school, shall enter into any said school building in the Village, nor shall they congregate, loiter, idle, stand, remain or play in any Everest School District building in the Village or private or parochial school building in the Village or on any property adjacent thereto and under the control of the schools, between the hours of 7:00 a.m. and 4:00 p.m. on official Everest School District school days. This section shall not apply to persons who have obtained the requisite permission from Everest School District officials or any parochial or private school official, in accordance with the Everest School District rules and regulations or the applicable regulations or rules of a parochial or other private school. Private schools do not include home schools as defined in Ch. 118, Wis. Stats. Any person violating this Section is subject to §
1-2 of this Code.
[Added 7-28-1997 (Sec. 12.15 of the 1967 Code)]
A. Definition. A runaway for the purpose of this section is defined
as an unemancipated person under the age of 18 years who has been
reported as a missing person/runaway to any law enforcement agency
and whose whereabouts is or was unknown to the parents, guardian,
or legal custodian.
B. Harboring runaways prohibited. It shall be unlawful for any person
to knowingly harbor, allow, board or otherwise permit any runaway
in his or her residence or business or other property under his or
her control where such person knows or should have known the minor
to be a runaway from his or her parents, guardian or legal custodian.
C. Assisting runaways prohibited. It shall be unlawful for any person
to knowingly assist, aid, or abet a runaway to escape apprehension
or flee from his or her parents, guardian, legal custodian or public
officials. This includes but is not limited to the following acts:
(1) Providing transportation to the runaway;
(2) Providing money, clothing, or any other useful instrument to the
runaway which would aid the runaway in escape;
(3) Obstructing by providing false or untrue information regarding the
location or plan of the runaway;
(4) Refusing to provide information to law enforcement officers when
questioned about the runaway which information was known to him at
the time and would assist in the apprehension of said runaway; or
(5) Assisting, aiding, or abetting the runaway in any other way for the
purpose of hindering law enforcement officers or the parents, guardian
or legal custodian of the runaway from learning the whereabouts of
the child.
D. Exception. Subsection
B of this section does not apply to persons who harbor runaways by virtue of a placement by the Juvenile Court intake staff or any court.
E. Penalty.
[Amended 12-11-2017]
(1) Any person violating this Section shall be subject to §
1-2 of this Code.
(2) Any person under the age of 18 who violates any of the provisions
of this Section shall, upon conviction, be subject to disposition
as provided in § 938.342(1g)(a) and (b) or 938.343(2), Wis.
Stats.
[Amended 9-24-1979; 12-11-2017]
A. Any person who enters or remains in a public swimming pool enclosure after regular hours, or drinks or has in his or her possession intoxicating beverages while in said enclosure during or after regular hours, shall be subject to §
1-2 of this Code.
B. Any person who throws any missile or object, including but not limited to eggs, fruit, snowballs, water balloons, toilet paper, or rolls thereof, on or at the person or property of another shall be subject to §
1-2 of this Code.
[Amended 9-30-1992; 9-27-2004; 7-27-2009; 8-24-2015]
A. No person, except a peace officer, shall fire or discharge any firearm,
rifle, or spring or air gun of any description within the Village
of Rothschild. This section shall not prevent the firing or discharging
of BB guns upon private premises by persons over 16 years of age,
or if under the direct personal supervision of a parent or guardian,
except as hereinafter provided.
(1) Firearms, shotguns, rifles, muzzleloaders, bows/arrows and/or crossbows
may be used to lawfully hunt game on private parcels of land of 40
acres or more by the owners or lawful occupants of said private parcels
of land.
(2) A shotgun (bird-shot-type shells only), bow/arrow and/or crossbow
may be used to lawfully hunt game on parcels of land five acres or
more by the owners or lawful occupants of said parcels of land.
(3) Persons wishing to hunt on any public land must register per hunting
season in the Rothschild Police Department. Hunting or use of firearms,
shotgun, rifle, bow/arrow and/or crossbow is not allowed in any public
park or within 50 feet of the center line of the gravel maintenance
road of the Cedar Creek Interceptor on public property. Hunting or
use of firearms, shotgun, rifle, bow/arrow and/or crossbow is not
allowed within 50 feet of the center line of the dirt maintenance
road south of the Village garage located at 1001 Leon Street in the
Village of Rothschild.
[Amended 5-9-2022]
(4) Except as stated above, no person shall throw or shoot any object,
arrow, stone or other missile or projectile, by hand or by any other
means, on private or public property.
(5) Any lands owned by the Village of Rothschild are restricted to the
number of people that may hunt at any given time. A sign-up sheet
will be kept at the Village of Rothschild with the restrictions, and
Village residents will be given preference.
(6) Hunting on the Village of Rothschild land is restricted to shotgun,
bow/arrow and/or crossbow only. There will be no hunting north of
the dirt maintenance road located at 1001 Leon Street in the Village
of Rothschild.
(7) Recreational use of firearms will be allowed on all properties greater
than 10 acres to the south of Cedar Creek.
(8) Any hunting stand used on public property in the Village of Rothschild
must have the owner's name and phone number affixed to it. Stands
are only allowed to be strapped to the tree, not affixed to the tree.
Stands can only be up from September 1 to December 31. Any stands
left on Village property after December 31 will be removed and sold
at auction.
[Amended 5-9-2022]
B. Penalty. Any person violating this section shall be subject to a
forfeiture of not less than $1 nor more than $100, plus the cost of
prosecution, and upon failure to pay shall be subject to the provisions
of §§ 800.09 and 800.095, Wis. Stats., and any amendments
or reenactments of said statutes. If any damage occurs by a violation
of this section, restitution may be ordered as provided by applicable
law.
[Added 11-15-2011; amended 12-11-2017]
A. Definitions. The definitions contained within §§ 175.60(1)
and 943.13(1e), Wis. Stats., and as they are from time to time amended,
are hereby incorporated by reference into this Section as if fully
set forth herein, except that: "weapon" is defined to mean a handgun,
an electronic weapon as defined in § 941.295(1c)(a), Wis.
Stats., a billy club, or a knife; and "firearm" is defined to mean
a gun designed to be fired from the shoulder and to utilize the energy
of gun powder or compressed air, a bow and/or arrow, and a crossbow.
B. In addition to the provisions of Wisconsin Statutes enumerating those
places where the carrying of a weapon or a firearm is prohibited,
including exceptions thereto, it shall be unlawful for any person
other than a current law enforcement officer to enter any Village
buildings while carrying a weapon or firearm.
C. Any person who is carrying a concealed weapon shall display his or
her license document and photographic identification card to a law
enforcement officer upon the request of the law enforcement officer
while the law enforcement officer is acting in an official capacity
and with lawful authority.
D. Signs meeting the requirements of § 943.13(2)(bm)1, Wis.
Stats., shall be posted in prominent places near all entrances of
all Village buildings, structures or locations to prohibit the carrying
of weapons.
E. Any person violating any of the provisions of this Section is also in violation of § 943.13, Wis. Stats., as adopted by §
422-1 of this Chapter, and shall, upon conviction thereof, be subject to §
1-2 of this Code and shall further be subject to penalty for trespass as prescribed in § 943.13, Wis. Stats. In addition, any violation of Subsection
C shall be subject to those penalties set forth in § 175.60(17), Wis. Stats.
[Added 9-22-1980; amended 7-12-2010 (Sec. 12.045 of the 1967 Code)]
A. Loud and disturbing noises prohibited generally. It shall be unlawful for any person to create or assist in creating any unreasonably loud and disturbing noise in the Village of Rothschild (see also §
407-8 of this Code).
B. Measurement. For the purpose of determining decibels [dB(A)] as referred
to in this section, the noise shall be measured on the A-weighting
scale on a sound-level meter of standard design and quality having
characteristics established by the American National Standards Institute
and shall be measured at the complainant's property line.
[Amended 12-11-2017]
C. Residential zones.
(1) It shall be unlawful to carry on the following activities in any
residentially zoned area of the Village:
(a)
It shall be unlawful for any person to make or engage in any
unreasonably loud and raucous noise, including yelling, screaming,
shouting, hooting, whistling, singing, horns or signal devices. A
noise shall be presumed to be unreasonably loud and raucous if it
is plainly audible within a residence and measures 85 dB(A) or more
at the complainant's property line. An exception to this provision
shall include any organized sporting events, fairs, carnivals, or
similar activities. The person(s) in violation of this Section shall
be ordered to reduce the noise to acceptable levels immediately by
the monitoring officer.
[Amended 12-11-2017]
(b) The operation of household power tools outdoors between the hours
of 9:00 p.m. and 6:00 a.m.
(c) The operation of lawn mowers, chain saws, powered garden equipment
and other domestic tools out of doors between the hours of 9:00 p.m.
and 7:00 a.m.
(d)
Working on vehicles, revving vehicle motors, or unnecessary noises from vehicles (see also §
407-8 of this Code) between the hours of 9:00 p.m. and 7:00 a.m.
[Amended 12-11-2017]
(e) Musical bands/instruments practicing or the unreasonable playing
of sound devices in residential areas between the hours of 9:00 p.m.
and 7:00 a.m.
(2) Any mechanical noise which registers more than 85 dB(A) at the nearest
complainant's property line will be probable cause for a violation.
[Amended 12-11-2017]
(3) Noise by animals, birds and fowl. The keeping of any animal, bird,
or fowl which by causing frequent or long-continued noise shall disturb
the comfort or repose of any person in the vicinity is unlawful.
(4) In residential zones, it shall be unlawful for any person to make
or engage in any unreasonably loud and raucous noise, including yelling,
screaming, shouting, hooting, whistling, singing, horns or signal
devices. A noise shall be presumed to be unreasonably loud and raucous
if it is plainly audible within a residence and measures 85 dB(A)
or more at the complainant's property line. An exception to this provision
shall include any organized sporting events, fairs, carnivals, or
similar activities. The person(s) in violation of this section shall
be ordered to reduce the noise to acceptable levels immediately by
the monitoring officer.
[Amended 12-11-2017]
D. Use of loudspeakers and amplifiers. It is unlawful to transmit, broadcast,
or produce any music by loudspeaker, amplifier or similar device outside
of any building, public or private, or on the inside of any building
or vehicle so as to transmit sound to the outside, either with or
without loudspeaker, amplifier or similar device, unless a special
permit is issued by the Clerk or the Chief or Police of the Village
of Rothschild.
E. Construction noise. Construction equipment in all zones may only
be operated between the hours of 6:00 a.m. and 9:00 p.m.
[Amended 12-11-2017]
F. Nonresidential zoning districts adjacent to residential zoning districts.
It shall be unlawful for any non-residentially zoned property adjacent
to a residentially zoned property to operate its business at or above
85 dB(A) for four consecutive hours measured at the complainant's
property line between the hours of 10:00 p.m. and 6:00 a.m. Decibel
readings over 110 dB(A) at the complaint's property line will be subject
to an immediate citation.
[Amended 12-11-2017]
G. Schools, churches, hospitals or courts. The creation of any excessive
noise on any street or property 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, is prohibited.
H. Enforcement. Enforcement of this Section shall be at the discretion
of the Rothschild Police Department staff on the basis of complaints
filed with the Village of Rothschild or the Rothschild Police Department.
In all nonresidential zones, the violator shall, as soon as possible
from written notice of this violation, reduce the sound-pressure levels
to acceptable levels, not to exceed 30 days. Decibel readings over
110 dB(A) at the complainant's property line will be subject to an
immediate citation.
[Amended 12-11-2017]
I. Exceptions. None of the terms or prohibitions shall apply to or be
enforced against:
(1) Operation of emergency equipment and equipment used to comply with
state mandates for a safe environment. Snow blowers not operated on
a commercial basis shall be exempt from this section when used to
gain access to a Village street. Garbage and recycling trucks shall
be exempt. (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 of Rothschild.)
[Amended 12-11-2017]
(2) Any vehicles of the Village of Rothschild while engaged in necessary
public business.
(3) Emergency excavations, maintenance or repairs of any public or private
facility, including but not limited to bridges, streets, highways
or buildings, during hours of darkness.
(4) The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in nature.
J. 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 exception to this section for
existing businesses and industries.
K. Any person violating this Section shall be subject to §
1-2 of this Code.
[Amended 12-11-2017]
[Added 10-27-2003 (Sec. 12.046 of the 1967 Code); amended 12-11-2017]
No person shall, within the Village, perform braking of a motor vehicle using unmuffled compression release engine braking, or jake brakes, except in an emergency situation. Any person violating this Section shall be subject to §
1-2 of this Code.
[Amended 12-11-2017]
Any person who shall willfully or wantonly deface, mutilate, injure or destroy any property belonging to the Village of Rothschild or any shade tree, streetlamp, outdoor lamp, window or other valuable property within this Village shall be subject to §
1-2 of this Code.
[Amended 12-11-2017]
No person shall put up, erect, fasten, post, paint or maintain any sign, picture, poster, or advertisement, of any description, upon any curb, sidewalk, fence, board, barrel, box, case, railing, post, barricade, material, structure or building of any kind placed upon any Village street, alley, public way, public ground or public highway. Any person violating this Section shall be subject to §
1-2 of this Code.
No person, firm or corporation shall keep any bees in the Village
of Rothschild. Any person, firm or corporation violating the provisions
of this section shall, upon conviction thereof, be punished by a fine
of not less than $5 nor more than $50. Each day of such violation
shall constitute a separate offense.