[HISTORY: Adopted by the Town Board of the Town of Oconomowoc
as Ch. 9 of the 1986 Town Code. Amendments noted where applicable.]
[Amended 2-3-1997; 3-1-1999]
The following statutes, defining offenses against the peace and good order of the state, are adopted by reference to define offenses against the peace and good order of the Town, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, General Provisions, Article I, of this Code.
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134.71(1)
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Violations by secondhand dealers
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175.25
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Illegal storage of junk vehicles
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254.76
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Careless smoking
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285.30(6)
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Pollution by motor vehicle/tampering with pollution control
system
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939.22
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Words and phrases defined
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940.19(1)
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Battery
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941.01
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Negligent operation of vehicle (off roadway)
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941.10
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Negligent handling of burning material
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941.12(2), (3)
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Interfering with fire fighting
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941.13
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False alarms
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941.20(1)
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Reckless use of weapons
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941.23
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Carrying concealed weapon
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941.24
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Possession of switchblade knife
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943.01(1)
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Criminal damage to property (less than $1,000)
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943.07(1), (2), (3)
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Criminal damage to railroads
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943.13
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Trespass to land
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943.14
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Criminal trespass to dwellings
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943.20
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Theft ($1,000 or less)
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943.24
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Issuance of worthless checks
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943.50
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Retail theft (shoplifting) ($1,000 or less)
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Ch. 948
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Crimes against children
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Ch. 951
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Crimes against animals
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961.41(3g)
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Possession of controlled substance
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[Amended 2-20-2023 by Ord. No. 2023-2; 3-6-2023 by Ord. No. 2023-5]
A.
Declaration of policy. It is hereby determined and declared necessary
in the interest of the public health, safety and welfare of the Town
that the discharge of firearms be regulated within the Town.
B.
FIREARMS
RECORDED SUBDIVISION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A rifle of any caliber, air rifle, shotgun of any gauge,
pistol or revolver of any caliber.
Any subdivision of land within the Town laid out and established
in accordance with the provisions of Ch. 236, Wis. Stats., and existing
ordinances of the Town relating to land divisions.
C.
Prohibited use of firearms. No person shall discharge any firearm
within the Town of Oconomowoc as follows:
(1)
Within 100 yards of any recorded subdivision in the Town of Oconomowoc.
(2)
Within 100 yards of any building in the Town, except that this prohibition
does not apply if the person who owns the land on which the building
is located allows the hunter to hunt within 50 yards of the building
and said permission is in writing.
D.
Firearm prohibition. No person shall discharge, nor cause the discharge
of, any firearm, whether pistol or shoulder stock, within the territorial
limits of the Town. A firearm shall be construed as any rifle having
a grooved barrel and, upon discharge, projecting a solid missile or
slug. An exception is a shotgun with a rifled barrel or muzzleloader.
E.
A shotgun or muzzle loader may be used in the Town only for hunting
purposes provide written permission is obtained from the property
owner of the land to which the hunting is to be confined. Written
permission shall be carried on the person while hunting. While hunting,
a person shall not discharge a shot, slug or ball which passes beyond
the property line of the area to which the hunting is confined.
F.
Exceptions. Unless otherwise indicated, the prohibitions of this
section shall not pertain to:
(1)
Law officers designated and authorized by the Town, county, state
and federal authority.
(2)
Activities upon any bona fide target range, provided that the Town
Board must first issue, upon written application and within its discretionary
power, a permit labeling such areas as an approved target range.
(3)
Rodent control activities, provided that Town Board permission, within
its discretion, be procured upon written application prior to such
activities; such permission, if granted, to be of a temporary nature
only.
A.
Purpose. The Board hereby determines that as a result of the ease
with which handguns may be carried upon the person, the presence of
such handguns constitute a danger to the general public if they are
allowed to be carried, transported or brought inside any public building
or upon any premises open to the public, except as provided below.
It is the purpose of this section to serve the interest of public
safety by restricting and regulating the presence of handguns, which
can be carried, transported or brought inside any public building
or place of business open to the public.
B.
Definition of handgun. For purposes of this section, "handgun" means
any firearm having a barrel less than 12 inches long.
C.
Regulation. No handgun, either holstered, unholstered, cased or uncased,
shall be in the possession of or under the control of any person while
such person is inside any public building or place of business, including,
but not limited to, a place of business where alcohol beverages of
any kind are sold or consumed.
D.
Exceptions. This section shall not apply to the following:
(1)
A sheriff, deputy sheriff, warden, constable, state trooper, U.S.
military personnel or any duly appointed member of a police force
who carries handguns in his official line of duty.
(2)
Any person who brings a handgun upon any premises open to the public
which has in effect a special use permit from the Town as a shooting
gallery, skeet, trap shooting range or rifle range. This section shall
also not apply to any person who brings a handgun to any firearm safety
course conducted by or authorized by the Sheriff's Department or the
law enforcement agency of the Town within which the course is conducted.
(3)
Any person who brings a handgun upon any premises in which handguns
are sold, traded or serviced, provided the handgun is brought upon
the premises for purposes relating to the sale, trade or servicing
of such handgun.
(4)
Any person or his employee who lawfully keeps or carries a handgun
upon any premises open to the public owned by such person.
(5)
Any person who brings a handgun directly to or from a motel or hotel
room, or a resort rental unit, for storage purposes, provided that
the handgun is unloaded and knocked down or enclosed within a carrying
case, holster or other suitable container at all times.
(6)
The display of unloaded and properly secured handguns by governmental
bodies or the owners of places of business open to the public.
No person shall throw or shoot any object, arrow, stone, snowball
or other missile or projectile, by hand or by any other means, at
any person or at, in or into any building, street, sidewalk, alley,
highway, park, playground or other public place within the Town.
[Added 8-31-2020 by Ord.
No. 2020-1]
Section 215-4 shall not apply to licensed deer hunters using bow and arrow and hunting on lands described on a map on file with the Town Clerk. The exception is limited to the land described on said map, which is of Tax Key Numbers OCOT 0509.999.001, OCOT 0512.013, OCOT 0512.997.004, and OCOT 0512.997.007 (blue area on map). The exemption provided by § 215-4 that applies to licensed bow and arrow hunters on said lands shall not apply to any other bow and arrow hunter on any other lands.
[Amended 4-20-1987]
A.
FIREWORKS
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Anything manufactured, processed or packaged for exploding,
emitting sparks or combustion which does not have another common use,
but does not include any of the following:
Fuel or lubricants.
A firearm cartridge or shotgun shell.
A flare used, possessed or sold for use as a signal in an emergency
or in the operation of a railway, aircraft, watercraft or motor vehicle.
A match, cigarette lighter, stove, furnace, candle, lantern
or space heater.
A cap containing not more than 1/4 grain of explosive mixture
if the cap is used, possessed or sold for use in a device which prevents
direct bodily contact with a cap when it is in place for explosion.
A model rocket engine.
Tobacco and tobacco products.
A sparkler on a wire or wood stick not exceeding 36 inches in
length or 1/4 inch in outside diameter, which does not contain magnesium,
chlorate or perchlorate.
B.
Prohibition. No person may sell any fireworks in the Town.
C.
Possession and use; state statutes adopted. Possession and use of
fireworks shall be regulated according to the provisions of § 167.10,
Wis. Stats., as the same are from time to time amended, which are
hereby adopted and incorporated by reference herein.
No person shall stand, sit, loaf or loiter, or engage in any
sport or exercise on any public street, sidewalk, bridge or public
ground within the Town in such manner as to prevent or obstruct the
free passage of pedestrian or vehicular traffic thereon, or to prevent
or hinder free ingress to or egress from any place of business or
amusement or any church, public hall or meeting place.
A.
No person shall make or cause to be made any loud, disturbing or
unnecessary sounds or noises which may annoy or disturb a person of
ordinary sensibilities in or about any public street, alley or park
or any private residence.
B.
No person shall make unnecessary and annoying noise with a motor
vehicle by squealing tires, excessive acceleration of the engine or
by emitting unnecessary and loud muffler noises.
A.
Loitering or prowling prohibited. No person shall loiter or prowl
in a place, at a time or in a manner not usual for law-abiding individuals
under circumstances that warrant alarm for the safety of persons or
property in the vicinity. Among the circumstances which may be considered
in determining whether such alarm is warranted is the fact that the
person takes flight upon appearance of a police or peace officer,
refuses to identify himself or manifestly endeavors to conceal himself
or any object. Unless flight by the person or other circumstances
makes it impracticable, a police or peace officer shall, prior to
any arrest for an offense under this section, afford the person an
opportunity to dispel any alarm which would otherwise be warranted
by requesting him to identify himself and explain his presence and
conduct. No person shall be convicted of an offense under this section
if the police or peace 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.
B.
Obstruction of traffic by loitering. No person shall loaf or loiter
in a group or crowd upon the public streets, alleys, sidewalks, street
crossings or bridges, or in any other public place within the Town
in such manner as to prevent, interfere with or obstruct the ordinary
free use of such public streets, alleys, sidewalks, street crossings
or bridges, or other public places by persons passing along and over
the same.
[Added 10-21-1996]
A.
Intent. The Town Board has determined that there has been an increase
in juvenile violence, juvenile gang activity and crime by persons
under the age of 18 in the Town of Oconomowoc which has resulted in
juveniles being involved in a wide range of unacceptable behavior,
including vandalism, public drinking and littering, drug use, breaking
and entering, and harassment of residents. Persons under the age of
18 are particularly susceptible by their lack of maturity and experience
to participate in unlawful and gang-related activities and to be victims
of older perpetrators of crime. In part, the aforementioned conduct
has been found to be due to a significant breakdown in the supervision
and guidance normally provided by parents for juveniles. The Town
of Oconomowoc has an obligation to provide for the protection of minors
from each other and from other persons and for the protection of the
general public and for the reduction of the incidence of juvenile
crime activities. Accordingly, the Town Board of the Town of Oconomowoc
has determined that a juvenile curfew is necessary to promote the
public health, safety and general welfare and to assist in attaining
the foregoing objectives.
B.
No person
under the age of 18 shall congregate, loiter, wander, stroll, stand
or play upon any public street, sidewalk, highway, road, alley, park,
vacant lot, public building, place of amusement or entertainment,
or any public place within the Town of Oconomowoc, either on foot
or in or upon any conveyance being driven or parked thereon, between
the hours of 11:00 p.m. and 5:00 a.m. unless accompanied by his or
her parent, spouse, guardian or other adult person having legal care
or custody of such person.
C.
This section shall not apply to a person under the age of 18 years
of age who is:
(1)
Returning to his or her home directly from and immediately after
the end of any civic, religious, educational, athletic or social event
sponsored by any accredited school, tax-exempt church or governmental
unit or agency, which event such person could properly and did in
fact attend.
(2)
Returning directly from and going directly to his or her place of
employment, which place of employment is known to and approved by
his or her parent, spouse, guardian or other adult person having legal
care or custody of such person.
(3)
Returning directly from or going directly to any other activity which
has been specifically approved in advance in writing by his or her
parent, spouse, guardian or other adult person having legal care or
custody of such person, provided such written approval is in the possession
of such person while returning from or going to such other place or
activity.
(4)
Engaged in bona fide interstate travel, either through the Town or
beginning or ending in the Town.
(5)
On his own premises or the areas immediately adjacent thereto.
No person having in his possession or under his control any
animal or fowl shall allow the same to run at large within the Town.
A.
Restricted. No person shall store junked or discarded property, including
automobiles, automobile parts, trucks, tractors, refrigerators, furnaces,
washing machines, stoves, machinery or machinery parts, wood, bricks,
cement blocks or other unsightly debris which substantially depreciates
property values in the neighborhood, except in an enclosure which
screens such property from public view or upon permit issued by the
Town Board.
B.
Order for compliance. The Chief of Police may require by written
order any premises in violation of this section to be put in compliance
within the time specified in such order and, if the order is not complied
with, may have the premises put in compliance and the cost thereof
assessed as a special tax against the property.
No person shall throw any glass, refuse, waste, filth or other
litter upon the streets, alleys, highways, public parks or other property
of the Town, or upon any private property or the surface of any body
of water within the Town.
No person shall resist or interfere with any officer of the
Town while such officer is doing any act in his official capacity,
and with lawful authority, nor shall any person refuse to assist an
officer in carrying out his duties when so requested by the officer.
No person shall have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fastened in such manner as to prevent injury to any person;
and any cover shall be of such design, size and weight that the same
cannot be removed by small children.
No person shall leave or permit to remain outside of any dwelling,
building or other structure, or within any unoccupied or abandoned
building, dwelling or other structure under his control in a place
accessible to children, any abandoned, unattended or discarded ice
box, refrigerator or other container which has an airtight door or
lid, snap lock or other locking device which may not be released from
the inside unless such door or lid, snap lock or other locking device
has been removed from such ice box, refrigerator or container, or
unless such container is displayed for sale on the premises of the
owner or his agent and is securely locked or fastened.
No person not in official attendance or on official school business
shall enter into, congregate, loiter, wander, stroll, stand or play
in any school building or in or about any playground area adjacent
thereto within the Town between 8:00 a.m. and 4:00 p.m. on official
school days.
A.
No person shall consume any intoxicating liquor or fermented malt
beverage upon the public highways, streets, alleys, sidewalks, street
crossings, bridges, public parking lots or premises held out to the
public for use of their motor vehicles, whether such premises are
publicly or privately owned, in the Town, except for municipally approved
community functions or events where authorized by specific resolution
of the Town Board.
B.
All purchases of intoxicating liquor or fermented malt beverage by
the glass or in open containers shall be consumed on the licensed
premises where served and shall not be removed therefrom to any public
highway, street, alley, sidewalk, street crossing, bridge, public
parking lot or premises held out to the public for use of their motor
vehicles, whether such premises are publicly or privately owned, within
the Town.
C.
No person shall bring upon, use, consume, sell or convey any intoxicating
liquor or fermented malt beverage in or upon any property, building
or other structure which is owned or under the control of the Town,
except in such places as may be designated by the Town and in accordance
with the rules and regulations as may be from time to time adopted
by the Town Board.
[Added 3-5-1990]
A.
DRUG PARAPHERNALIA
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
Definition. As used in this section, the following terms shall have
the meanings indicated:
All equipment, products and materials of any kind which are
used, intended for use or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body a controlled substance as
defined in Ch. 961, Wis. Stats., in violation of this section. It
includes, but is not limited to:
Kits used, intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived.
Kits used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances.
Isomerization devices used, intended for use or designed for
use in increasing the potency of any species of plant which is a controlled
substance.
Testing equipment used, intended for use or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of controlled substances.
Scales and balances used, intended for use or designed for use
in weighing or measuring controlled substances.
Dilutents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use or designed
for use in cutting controlled substances.
Separation gins and sifters used, intended for use or designed
for use in removing twigs and seeds from or in otherwise cleaning
or refining marijuana.
Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances.
Capsules, balloons, envelopes or other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances.
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances.
Hypodermic syringes, needles and other objects used, intended
for use or designed for use in parenterally injecting controlled substances
into the human body.
Objects used, intended for use or designed for use in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish or hashish
oil into the human body, including, but not limited to:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes,
with or without screens, permanent screens, hashish heads or punctured
metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
Objects used to hold burning material, such as a marijuana cigarette,
that has become too small or too short to be held in the hand.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
B.
Determination of drug paraphernalia. In determining whether an object
is drug paraphernalia, the following shall be considered:
(1)
Statements by an owner or by anyone in control of the object concerning
its use.
(2)
Prior convictions, if any, of an owner or of anyone in control of
the object under any Town, state or federal law relating to any controlled
substance.
(3)
The proximity of the object in time and space to a direct violation
of this section.
(4)
The proximity of the object to controlled substances.
(5)
The existence of any residue of controlled substances on the object.
(6)
Direct or circumstantial evidence of the intent of an owner or of
anyone in control of the object to deliver it to persons who the person
knows or should reasonably know intend to use the object to facilitate
a violation of this section. The innocence of any owner or of anyone
in control of the object as to a direct violation of this section
shall not prevent a finding that the object is intended for use or
designed for use as drug paraphernalia.
(7)
Oral or written instructions provided with the object concerning
its use.
(8)
Descriptive materials accompanying the object which explain or depict
its use.
(9)
National and local advertising concerning its use.
(10)
The manner in which the object is displayed for sale.
(11)
Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise.
(12)
The existence and scope of legitimate uses for the object in
the community.
(13)
Expert testimony concerning its use.
C.
Prohibited activities.
(1)
Possession of drug paraphernalia. No person may use or possess with
intent to use drug paraphernalia to plant, propagate, cultivate, grow,
harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale or otherwise introduce into the human body a controlled substance
in violation of this section.
(2)
Manufacture, sale or delivery of drug paraphernalia. No person may
sell, deliver, possess with intent to deliver or manufacture with
intent to deliver drug paraphernalia, knowing that it will be used
to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale or otherwise introduce into
the human body a controlled substance in violation of this section.
(3)
Delivery of drug paraphernalia to a minor. Any person 18 years of age or over who violates Subsection C(2) by delivering drug paraphernalia to a person under 18 years of age is guilty of a special offense.
(4)
Advertisement of drug paraphernalia. No person may place in any newspaper,
magazine, handbill or other publication or upon any outdoor billboard
or sign any advertisement, knowing that the purpose of the advertisement,
in whole or in part, is to promote the sale of objects designed or
intended for use as drug paraphernalia.
(5)
Exemption. This subsection does not apply to manufacturers, practitioners,
pharmacists, owners of pharmacies and other persons whose conduct
is in accordance with Ch. 961, Wis. Stats. This section does not prohibit
the possession, manufacture or use of hypodermics in accordance with
Ch. 961, Wis. Stats.
D.
Penalties.
(1)
Any drug paraphernalia used in violation of this section shall be
seized and forfeited to the Town.
(2)
Any person who violates Subsection C(1), (2) or (4) shall, upon conviction, be subject to a forfeiture of not less than $100 nor more than $500, together with the costs of prosecution, and, upon default of payment, be imprisoned in the county jail until the costs are paid, but not to exceed 30 days.
[Added 12-7-1992]
A.
Adoption of Clean Indoor Air Act. Section 101.123, Wis. Stats., is
hereby adopted by reference.
B.
Smoking prohibited by owner. No person shall, without the permission
of the owner or lessee of any public or private property, smoke thereon
contrary to a posted sign if such sign is in plain view on the property
or at the entrances to the property.
[Added 3-18-1996]
The following statutes placing restrictions on the sale or gift
of cigarettes or tobacco products to underage persons and on possession
or use of cigarettes or tobacco products by underage persons are adopted
by reference to define offenses involving the purchase, sale and use
of tobacco products by underage persons, provided the penalty for
commission of such offenses hereunder shall be limited to a forfeiture
imposed under the general penalty provisions of this Code.[1] Any future amendments, revisions or modifications of the
statutes incorporated herein by reference are intended to be made
a part of this section.
|
134.66
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Restrictions on sale or gift of cigarettes or tobacco products
|
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254.92
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Purchase or possession of cigarettes or tobacco products by
person under 18 prohibited
|
[Added 1-18-1993]
A.
ALARM SYSTEM
FALSE ALARM
PERSON
PRIVATE ALARM SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any electrical or mechanical device for the detection of
an unauthorized entry on premises or for alerting others of the commission
of an unlawful act, or both, or for the detection of a fire and, when
activated, emits a sound or transmits a signal or message, or both.
A signal from an alarm system which results in a call, either
direct or indirect, to the Town through its dispatch center and resulting
in a response by the appropriate department when an actual emergency
situation does not exist.
Any individual, partnership, corporation or other entity.
Any alarm system not owned or leased by the Town.
B.
False alarms prohibited. The owner, occupant or person in control
of an alarm location protected by any alarm system as defined herein
shall not allow any false alarm, whether intended or unintended. No
person owning, leasing, using or possessing a private alarm system
shall, by means of that alarm system, give a false alarm.
C.
Penalty. Computed on a calendar-year basis, the following penalties
shall apply to false alarms:
|
Number of False Alarms
|
Penalty
| |
|---|---|---|
|
1 to 2
|
None
| |
|
3 to 4
|
$25, plus court costs
| |
|
5 to 6
|
$50, plus court costs
| |
|
7 to 8
|
$100, plus court costs
| |
|
9 or more
|
$200, plus court costs
|
D.
Exemption. When the Chief of Police or Fire Chief determines that
the cause of a false alarm was beyond the control of the person responsible
therefor, that false alarm may be exempt from this section.
[Added 8-3-1993]
No person shall, in a public or private place, engage in violent,
abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct under circumstances in which the conduct tends
to cause or provoke a disturbance.
[Added 6-16-1997]
No person shall intentionally mark, draw or write with paint,
ink or another substance on or intentionally etch into the physical
property of another without the other person's consent.
