[Amended by Ord. No. 123; Ord. No. 135; Ord. No. 137; Ord. No. 163; Ord. No. 204; Ord. No. 230; Ord. No. 233]
The following statutes following the prefix "9" 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 Village,
provided the penalty for commission of such offenses hereunder shall
be limited to a forfeiture imposed under sec. 25.04 of this Code.
9.346.935
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Drinking in Motor Vehicles on Highway
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9.938.344(2)(e)
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Disposition; Certain Intoxicating Liquor, Beer sand Drug Violations
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9.939.22 (21)(mg)
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Criminal Damage, or Threat to Damage, Property of a Witness
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9.940.19(1)
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Battery
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9.940.201
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Battery or Threat to Witness
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9.940.225(3m)
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Stalking
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9.940.34
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Duty to Aid Endangered Crime Victim
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9.941.01
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Negligent Operation of Vehicle
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9.941.03
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Highway Obstruction
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9.941.10
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Negligent Handling of Burning Materials
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9.941.12
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Interfering With or Failing to Assist in Firefighting
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9.941.13
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False Alarms and Interference with Firefighting
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9.941.20
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Reckless Use of Weapon
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9.941.20(3)
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Discharging a Firearm From a Vehicle
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9.941.21
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Disarming a Police Officer Prohibited
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9.941.22
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Possession of Pistol By Minor
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9.941.23
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Carrying Concealed Weapon
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9.941.235
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Carrying Firearms in Public Building
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9.941.237
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Possession of Handguns in Taverns
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9.941.24
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Possession of Switch Blade Knife
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9.941.35
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Emergency Telephone Calls
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9.941.37
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Obstruction of Emergency Vehicles Prohibited
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9.942.08
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Installing Surveillance Devices for Purposes of Observing Nude
Person Without Consent
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9.943.01(1)
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Criminal Damage to Property
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9.943.06
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Molotov Cocktails
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9.943.11
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Entry Into Locked Vehicle
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9.943.125
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Entry Into Locked Coin Box
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9.943.13
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Criminal Trespass to Land
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9.943.14
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Criminal Trespass to Dwellings
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9.943.15
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Entry Onto a Construction Site
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9.943.20
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Theft
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9.943.201
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Misappropriation of Personal Identifying Information or Documents
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9.943.21
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Fraud on Hotel or Restaurant Keeper
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9.943.22
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Use of Cheating Tokens
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9.943.23(lg)
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Carjacking
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9.943.24
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Issue of Worthless Checks
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9.943.34(1)
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Receiving Stolen Property
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9.943.35
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Receiving Property from Children
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9.943.37
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Alteration of Property Identification Marks
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9.943.50-.51
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Retail Theft
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9.944.20
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Lewd and Lascivious Behavior
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9.944.23
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Making Lewd, Obscene or Indecent Drawings
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9.944.30
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Prostitution
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9.944.31
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Patronizing Prostitutes
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9.944.33
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Pandering
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9.944.34
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Keeping Place of Prostitution
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9.944.36
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Solicitation of Drinks
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9.945.02
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Gambling
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9.945.03
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Commercial Gambling
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9.945.04
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Permitting Premises to be Used for Commercial Gambling
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9.946.40
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Refusing to Aid Officer
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9.946.41
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Resisting or Obstructing Officer
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9.946.42
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Escape
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9.946.44
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Assisting or Permitting Escape
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9.946.65
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Obstructing Justice
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9.946.66
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False Complaints of Police Misconduct
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9.946.70
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Personating Peace Officer
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9.946.72
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Tampering With Public Records and Notices
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9.947.01
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Disorderly Conduct
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9.947.013
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Harassment Prohibited
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9.947.015
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Bomb Scares
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9.947.047
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Littering Shores
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9.947.06
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Unlawful Assemblies
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9.947.15
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Contributing to the Neglect of a Minor
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9.948.015-.62
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Crimes Against Children
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9.948.11
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Exposing a Child to Harmful Material, Descriptions or Narrations
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9.051.01-.16
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Crimes Against Animals
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9.961.573
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Possession of Drug Paraphernalia
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(1) Definitions. For the purpose of this section, the following definitions
shall apply:
(a) FIREARM — Any weapon from which a shot may be fired by the
force of an explosive or propellant, including, but not limited to,
rifles, pistols, shotguns, air guns and BB guns.
(b) OTHER DANGEROUS WEAPON — Includes bow and arrow, crossbow,
sling shot, blow gun and other similar weapons.
(c) PUBLIC BUILDING — Any building, including the grounds thereof,
owned by the Village, the County or the School District.
(d) PUBLIC LAND — Any land owned by the Village, the County or
the School District.
(e) PUBLIC PLACE — Any privately owned building which is open to
the public.
(3) Firearms.
[Added 8-7-2017 by Ord.
No. 250-2017
(a) In accordance with 66.0409 Wis. Stats. (Local regulation of firearms).
941.23. Wis. Stats. pertaining to concealed weapons, and all amendments
thereto, is adopted by reference.
(b) It shall be unlawful for any person, other than those identified
as a "licensee" or "out-of-state licensee" as defined in 175.60, Wis.
Stats., and all amendments thereto, to carry on his or her person
a hidden, or concealed, dangerous weapon within the corporate limits
of the Village of Dresser. This section applies to all dangerous weapons
unless they are unloaded, or disassembled, and completely encased.
(c) Nothing in this section shall be construed to apply to prohibit a
peace officer or military personnel armed in the line of duty, or
other person defined by 175.49. Wis. Stats., or any person duly authorized
by the Chief of Police, to possess a firearm within the corporate
limits of the Village of Dresser or public buildings located therein.
(d) No person, except a police officer, sheriff, or their deputies, shall
discharge or fire any firearm, black powder gun, or air gun within
the corporate limits of the Village of Dresser, Wisconsin, unless
the Chief of Police has granted permission for such use for a lawful
purpose. Lawful purposes include, but are not limited to, pest extermination,
wildlife management as authorized by the Village Board, or the Wisconsin
Department of Natural Resources, and the starting of athletic events.
[Amended 6-5-2017 by Ord.
No. 249-2017]
(1) 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 Village,
except as otherwise provided by law, for example pursuant to § 29.038,
§ 939.45 or § 939.48, Wis. Stats., and the following
provisions of this section.
(2) No person shall hunt within the Village or in the territory adjacent
to the Village, cause any object, arrow, stone, snowball, or other
missile or projectile to fall into any building, street, sidewalk,
alley, highway, park, playground or other public place within the
Village, except as otherwise provided by law, for example pursuant
to § 29.038, Wis. Stats., and the following provisions of
this section.
(3) Permitted hunting or discharges; restrictions.
(a) A person may hunt on private land with a bow and arrow or a crossbow
pursuant to § 29.038, Wis. Stats., except such hunting is
prohibited within 100 yards from a building used for human occupancy
located on another person's land, unless the hunter has the permission
of the person who owns the land on which the building is located.
Persons hunting pursuant to this provision must discharge the arrow
or bolt toward the ground, such as from a tree stand. Hunting is prohibited
in Village parks or other Village-owned land, except by special written
permission of the Village Board.
(1) Prohibited. Subject to sub. (2) below and subject to the exception
provided in § 161.41(3r), Wis. Stats., no person shall possess
marijuana, as defined in § 161.01(14), Wis. Stats.
(2) Exceptions. This section shall not apply to a person who possesses
more than 25 grams of marijuana or to a person who is charged with
possession of any amount of marijuana following a conviction for possession
of marijuana in this State.
(3) Penalty. Any person who shall violate sub. (1) above, except as provided
in sub. (2) above, shall, upon conviction, be subject to a forfeiture
as provided in sec. 25.04 of this Code.
(1) Definition. The definition of "fireworks" stated in § 167.10(1),
Wis. Stats., is hereby adopted by reference.
(2) Sale regulated. Except as provided in § 167.10(2) and (4),
Wis. Stats., no person shall sell, or possess with the intent to sell,
fireworks.
(3) Use regulated. Except as provided in § 167.10(3), Wis.
Stats., no person shall possess or use fireworks without a user's
permit issued pursuant to sub. (4) below.
(4) User's permit. As provided in § 167.10(3), Wis. Stats.,
fireworks user's permits may be issued by the Village President,
after first obtaining approval from the Village Board. The Village
Board shall require a certificate of liability insurance, or similar
proof of coverage, in the amount of $1,000,000. A copy of the permit
and proof of insurance shall be filed with the Clerk-Treasurer and
copies of the permit shall be given to the Fire Chief and the Chief
of Police at least two days before the authorized use.
[Amended by Ord. No. 227]
(5) Use of certain devices regulated. No person may use fireworks or
devices listed in § 167.10(1)(e) to (g) and (i) to (n),
Wis. Stats., including, but not limited to, caps, toy snakes, model
rocket engines, sparklers or cone fountains at a fireworks display
for which a permit has been issued if the display is open to the general
public.
(1) General. No person shall make or cause to be made any loud, disturbing
or unnecessary sounds or noises such as may tend to annoy or disturb
a person of ordinary sensibilities in or about any public street,
alley, park of waterway, or any private residence.
(2) Public address systems and amplifiers. No person shall use or operate
any public address system, amplifier or device which increases the
volume of voice, music or other sounds so loud as to disturb the public
peace or the quiet and peacefulness of the neighborhood.
(3) Construction and machinery noise. Except for Village employees, between
the hours of 10:00 p.m. and 6:00 a.m. no person shall do construction
work or operate any chain saw, lawn mower or any other loud machinery
of a similar nature.
[Added by Ord. No. 197]
(1) This section shall apply to all premises held out to the public for
the use of motor vehicles, whether such premises are publicly or privately
owned and whether or not a fee is charged for the use thereof.
(2) No person shall operate a motor vehicle on such premises:
(a)
At a speed in excess of 20 miles per hour.
(b)
Outside of driving lanes indicated by painted lines.
(c)
Across parking stalls indicated by painted lines, provided that
this subsection shall not apply to entering and occupying a parking
stall.
(d)
In a manner known as "spinning doughnuts," wherein the vehicle
is driven rapidly in a tight radius.
(e)
At a rapid or sudden acceleration or deceleration that results
in the squealing of tires or the leaving of tire marks.
(1) Loitering or prowling. 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, 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 explain his presence and conduct.
No person shall be convicted of an offense under this subsection 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.
(2) Obstruction of highway by loitering. No person shall obstruct any
street, bridge, sidewalk or crossing by lounging or loitering in or
upon the same after being requested to move on by any police officer.
(3) Obstruction of traffic by loitering. No person shall loaf or loiter
in groups or crowds upon the public streets, alleys, sidewalks, street
crossings or bridges or in any other public place within the Village
in such manner as to prevent, interfere with or obstruct the ordinary
free use of such public sidewalks, streets, street crossings and bridges
or other public places by persons passing along and over the same.
(4) Loitering after being requested to move. No person shall loaf or
loiter in groups or crowds upon the public streets, sidewalks or adjacent
doorways or entrances, street crossings or bridges or in any other
public place or on any private premises without invitation from the
owner or occupant after being requested to move by any police officer
or by any person in authority at such places.
(5) Loitering in public places. No person shall loiter, lounge or loaf
in or about any dance hall, restaurant, store, public sidewalk, public
parking lot or other place of assembly or public use after being requested
to move by the owner or person in charge or any police 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.
(6) Loitering in or on school property. No person not in official attendance
or on official school business shall enter into, congregate, loiter,
wander or stand in or on any school property within the Village between
7:00 a.m. and 5:00 p.m. on official school days.
[Added by Ord. No. 196; amended 8-6-2018 by Ord. No. 253-2018]
(1) Prohibition. No person who is less than 18 years of age may possess,
use, buy or attempt to buy any cigarettes, nicotine products, or tobacco
products or falsely represent his age for the purpose of receiving
or buying any cigarettes, nicotine products, or tobacco products within
the Village.
(2) Penalty. Any person who is less than 18 years of age who is found
to have violated this section may be issued a citation for the violation
of this section and subject to a forfeiture of not less than $15 nor
more than $50 plus court costs.
See sec. 12.02(13) of this Code.
No person having in his possession or under his control any
animal or fowl shall allow the same to run at large within the Village.
(1) Definitions.
(a) LIVESTOCK — Includes, but not limited to, horses, cattle, swine,
sheep and goats.
(b) WILD ANIMALS — Birds, mammals and reptiles which normally inhabit
and propagate in a natural environment.
(2) No person having in his possession or under his control any animal
or fowl shall allow the same to run at large within the Village.
(3) No person shall keep in his possession any livestock within the Village,
except in a district zoned Rural Development (RD).
(4) No person shall keep in his possession any wild animal within the
Village.
(1) Prohibited. No person shall deposit any mud, glass, refuse or waste,
filth or other litter upon the streets, highways, alleys, parks or
other property of the Village or upon any private property or into
or upon any body of water or stream within the Village.
(2) Penalty. Any person found guilty of violating this section shall
be subject to a forfeiture, as provided in sec. 25.04 of this Code,
plus the cost of cleanup. Each day a violation continues shall constitute
a separate violation.
[Amended by Ord. No. 218]
(1) Permit required. Every person who seeks to burn any material at any
time outdoors within the corporate limits of the Village shall first
seek and obtain a fire safety burning permit unless exempt, as provided
by sub. (3) below, for any outdoor fire to be ignited in the Village.
All requirements of this section are for protecting and promoting
the health, safety and welfare of the residents of the Village.
(2) Application process. The application and permit shall designate a
single area subject to the burning permit and the permit shall be
issued only for the designated single property. Any permit issued
under this section is neither transferable nor assignable, either
as to person or as to location. No person shall be issued a burning
permit in the Village who has failed to properly and fully complete
and submit to the Clerk-Treasurer the application form. The application
shall include, but not be limited to:
(a) The name of the applicant.
(b) The address of the applicant.
(c) The telephone number of the applicant.
(d) The actual location of the proposed burning area. A separate permit
is required for each different burn location.
(3) Exemptions. The following are exempt from this permit requirement:
(a) Persons who burn materials in a stove, furnace, or incinerator inside
a building.
(b) Persons who burn charcoal or other combustible materials for domestic
cooking outdoors at their residence or who burn charcoal or other
combustible materials for domestic cooking outdoors in public parks.
This exemption does not apply upon a declared public fire emergency
by the State Department of Natural Resources (DNR).
(c) In an emergency, fires used to warm the person or to cook food.
(d) Fires set by the Fire Department for training purposes.
(e) Persons who burn in an outdoor furnace.
(f) Camp fires used for recreational purposes, contained in a noncombustible
ring or outdoor fireplace of not more than four feet in diameter.
Fires shall be attended until they are extinguished. Items to be burned
are restricted to leaves, tree branches, firewood, pine needles, and
untreated unpainted lumber.
(4) Issuance of permit, fee.
(a) A permit shall be issued for the permitted uses. The permit shall
be issued by the Clerk-Treasurer prior to any person igniting a fire
in the Village. In addition to receiving the permit, the permit holder
shall follow the procedures as outlined in sub. (5) below each time
he wishes to ignite a fire.
(b) There are no daily permits issued. Each resident wishing to burn
within the Village must obtain a new permit each calendar year. The
permit expires on December 31st of the year issued.
(c) Fee. The fee for one year shall be $5.
(5) Notice of intent to burn.
(a) On the day the permit holder wishes to burn, the permit holder shall
call the Polk County Sheriff's Department at 715-485-8300. The
permit holder will be asked his name, the location of the burn and
telephone number. The permit holder may then burn.
(b) The permit holder shall use this procedure each day the permit holder
wishes to burn. The permit holder shall not leave burning fires unattended.
(c) If there is a burning ban set by the Fire Chief at the time the permit
holder calls, the Polk County Sheriff's Department will advise
that burning will not be permitted until the ban is lifted.
(6) Revocation of permit. The Village Board, Village President, Village
Police Officer, or Fire Chief of the Village may revoke a burning
permit, and no person shall be issued or reissued a burning permit
in the Village if the applicant:
(a) Fails to establish adequate fire protection and fire prevention activities
at the requested or permitted burning location when established by
the Village as a condition to the permit.
(b) Fails to install or maintain adequate fire safety equipment during
the requested or permitted use when established by the Village as
a condition of the permit.
(c) Fails to prevent burning activities that are not authorized by the
permit of the Village at the requested or permitted burning location.
(d) Fails to prevent at or near the requested or permitted burning location
any burning activities larger than four feet in diameter within 15
feet of any fence, building, or property line.
(e) Fails to allow physical access to the requested or permitted burning
area location by the Fire Chief or designee for inspection purposed
upon prior notice.
(7) General restriction.
(a) The Village prohibits any person from kindling or causing to be kindled
any fire in or upon any street, alley, public way, park or any public
or private property within the Village within 15 feet of any building
or within 10 feet of any property line or within any fire lane.
(b) The Village prohibits any person from the igniting of any fires outdoors
in the Village upon days declared emergency fire days by the Fire
Department or the State of Wisconsin Department of Natural Resources.
(c) The Village prohibits any person from igniting of any fires indoors
in the Village except in a stove, furnace or incinerator.
(d) A permittee shall report to emergency services any fire in the Village
where the fire is out of control.
(e) The permit holder is responsible for the fire at all times.
(f) The permit holder may ignite and maintain only one fire at a time.
(8) Violations and penalties.
(a) Any person violating any of the provisions of this section or knowingly
aiding or abetting another in the violation thereof shall, upon conviction,
be subject to a forfeiture as provided in sec. 25.04 of this code.
Each day of violation of the section constitutes a separate offense.
(b) If a member of the Fire Department, Village Board, or Police Department
finds a resident burning without a permit, the resident shall be required
to extinguish the fire until a permit has been obtained following
the procedures as outlined in sub. (2) above.
(c) If the Fire Department is called to any fire, the resident may be
charged for the cost of the fire as determined by the Fire Chief and
the Dresser-Osceola-Garfield Fire Association Board.
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 a design, size and weight that the same
cannot be removed by small children.
[Added by Ord. No. 127; amended by Ord. No.
172]
(1) No person shall, nor permit any person to, swim in, wade in, engage
in any water sport, enter into or play upon the Village owned property
known as Veteran's Pond, Memorial Park Pond and any other pond,
watershed or body of water located within the corporate limits of
the Village.
(2) Definition. The definition of "watershed," as contained in this section,
shall be as defined by the Wisconsin Department of Natural Resources
and as governed by the Polk County Shoreland Protection Zoning Ordinance
to include any swamp, marsh, brook, spring or overflow pond of any
kind that may exist within the corporate boundaries of the Village
from time to time.
(3) Penalty. Any person found guilty of violating this section shall
be subject to a forfeiture as provided in sec. 25.04 of this Code.
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 icebox,
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, without first removing such door or lid, snap lock or
other locking device from such icebox, refrigerator or container unless
such container is displayed for sale on the premises of the owner
or his agent and is securely locked or fastened.
No person shall operate any machine or equipment which causes
interference with radio or television reception when such interference
can be prevented by repairs, adjustments, the installation of corrective
appliances or other practical alterations at a reasonable expense.
[Added by Ord. No. 212]
(1) Regulation of hours. Parks in the Village shall open at 6:00 a.m.
and shall close at 10:00 p.m., except that parks shall remain open
past the normal closing time for scheduled events located therein
until 1/2 hour following the end of the event.
(2) Penalty. Any person found guilty of violating this section shall
be subject to a forfeiture as provided in sec. 25.04 of this Code.
[Amended by Ord. No. 199]
(1) Regulations and exceptions.
(a) Regulations. It shall be unlawful for any person for whom the following
three categories apply to be in or upon public places, including,
but not limited to, the public streets, roads, alleys, parks, public
buildings or other public facilities, in the Village during the following
specified times:
1. Between 9:00 p.m. and 6:00 a.m. for minors less than 12 years of
age.
2. Between 10:00 p.m. and 6:00 a.m. for minors of 12 but less than 16
years of age.
3. Between 11:00 p.m. and 6:00 a.m. for minors under 18 years of age.
(b) Exceptions. The following shall constitute valid exceptions to the
curfew regulations:
1. When accompanied by a parent, legal guardian, or other responsible
adult who is approved by the minor's parent or legal guardian.
2. At any time, in the event of an emergency which would justify the
reasonableness of the person's presence.
3. At any time while the person is pursuing the duties of employment.
4. At any time when carrying a dated, handwritten note signed by the
minor's parent or legal guardian.
5. If the minor is coming directly home from a public meeting or scheduled
church, school, or publicly sponsored event. This exception will apply
for 1/2 hour after the completion of such event. If the event is not
commercial in nature or does not have a fixed publicly known time
at which it will end, the sponsoring organization shall register the
event with the Police Department at least 24 hours in advance informing
the Department of the time such event is scheduled to be, the place
at which it will be held, the time at which it shall end, and the
name of the sponsoring organization.
(c) Restrictions on routes of travel. Minors permitted to be upon public
streets, roads, alleys or sidewalks at a time otherwise in violation
of established curfew shall be required to travel to and from their
place of residence by the most direct route.
(d) Parents to be held liable for violations. It shall be unlawful for
a parent having legal custody of a minor knowingly to permit or allow
such minor to be at or to remain in a public place under circumstances
not falling within an exception to this section. The term "knowingly"
includes knowledge which a parent should reasonably be expected to
have concerning the whereabouts of a minor in that parent's legal
custody.
(2) Warning and penalty. Violations of this section shall be subject
to the following penalties:
(a) First offense. A warning letter sent to parent or legal guardian.
(b) Second and all subsequent offenses. A citation issued to the minor
with a forfeiture of not less than $5 nor more than $50.
(c) Parent citation. With respect to the third offense for which any
one minor is charged and convicted within a twelve-month period, the
parent or legal guardian may be cited as follows:
1. First citation. The citation for the minor's third conviction,
as above, shall be for a forfeiture of not less than $50 plus costs.
2. Subsequent citations. The citation for the minor's fourth conviction
and all subsequent convictions shall be a forfeiture of not less than
$100 plus costs.
3. Additional penalty. In addition to any citation, forfeiture or other
penalty outlined above, any person under the age of 18 years may be
punished as provided in §§ 938.343 and 938.345, Wis.
Stats., for any violation of this section.
No person shall willfully injure or intentionally deface, destroy
or unlawfully remove, take or meddle with any property of any kind
or nature belonging to the Village or its departments or to any private
person without the consent of the owner or proper authority.
It shall be unlawful for any person to take and carry away the
property of another without the owner's consent. This offense
shall include, but not be limited to, the operation of a vehicle,
whether or not motorized, without the owner's consent.
No person shall deposit human waste products upon, nor urinate
or defecate upon, any public or private property other than into a
toilet or other device designed and intended to be used to ultimately
deposit such human waste products into a septic or sanitary sewer
system.
(1) Hazardous substance spills.
(a) DNR Notification required. Any person who possesses or controls a
"hazardous substance," as defined in § 144.01(4m), Wis.
Stats., which has been discharged or spilled, or who causes the discharge
or spilling of such hazardous substance, shall immediately notify
the Wisconsin Department of Natural Resources of any such spill or
discharge as required in § 144.76, Wis. Stats.
(b) Village notification. In addition to the notification required in
par. (a) above, the owner or the person causing the discharge of a
hazardous substance shall immediately notify the Fire Chief of such
spill or discharge.
(2) Detrimental substance spills; notification. Any person who possesses
or controls a discharged or spilled material, or causes a discharge
or spill, which, although not a "hazardous substance," may be detrimental
to the general, safety and welfare of Village residents shall immediately
notify the Fire Chief. Such detrimental substances may include, without
limitations, food products and nitrates.
(3) Cleanup required. Any person responsible for the discharge or spill
of any hazardous or detrimental substance shall be responsible for
cleanup within a time reasonable under the circumstances. In the event
such cleanup is not completed within a reasonable time, the Village
shall clean up and bill the person responsible.
(4) Penalty. Any person responsible for a spill or discharge who does
not provide the notification required under subs. (1)(b) and (2) above
shall be subject to a forfeiture as provided in sec. 25.04 of this
Code.
(1) No person under the age of 18 shall be truant from school as defined
in § 118.16(1), Wis. Stats. This section does not apply
to a child aged 16 or older whose parent or guardian or person having
legal custody has given written notice to the school board for withdrawal
of that child from school. This section also does not apply in instances
enumerated in § 118.15(3), Wis. Stats.
(2) No person under the age of 19 shall possess intoxicating liquor,
or shall possess fermented malt beverages except and unless accompanied
by a parent or guardian, or spouse of legal drinking age.
(1) No person shall refuse to leave school property upon by the school
principal or a person acting under his direction. A violation of this
section shall be considered a trespass.
(2) No person shall bring, or cause to be brought, upon school property
any intoxicating liquor, fermented malt beverage or controlled substance,
as defined in Ch. 161, Wis. Stats., except and unless with written
consent of the school principal.
(1) Creation. Pursuant to § 66.0113, Wis. Stats., the Village
hereby elects to use the citation method of enforcement of ordinances,
including those ordinances for which a statutory counterpart exists.
(2) Citation. The citation shall contain the following:
(a) The name and address of the alleged violator.
(b) Factual allegations describing the alleged violation.
(c) The time and place of the offense.
(d) The section of the ordinance or the municipal code violated.
(e) A designation of the offense in such manner as can be readily understood
by a person making a reasonable effort to do so.
(f) The time at which the alleged violator may appear in court.
(g) A statement which, in essence, informs the alleged violator, as follows:
1. A cash deposit of a specified amount may be made which shall be delivered
or mailed to the Clerk of Courts prior to the time of the scheduled
court appearance.
2. If such a deposit is made, the alleged violator need not appear in
court unless he is subsequently summoned.
3. If a cash deposit is made and the alleged violator does not appear
in court, he will be deemed to have tendered a plea of no contest
and submitted to a forfeiture and a penalty assessment imposed by
§ 757.05, Wis. Stats., the consumer information assessment
imposed under § 100.261, Wis. Stats., the jail assessment
imposed by § 53.46, Wis. Stats., and the automation fee
imposed by § 814.635, Wis. Stats., not to exceed the amount
of the deposit or, if the court does not accept the plea of no contest,
a summons shall be issued demanding him to appear in court to answer
the complaint.
[Amended by Ord. No. 177]
4. If no cash deposit is made and the alleged violator does not appear
in court at the time specified, an action may be commenced to collect
the forfeiture and the penalty assessment imposed by § 757.05,
Wis. Stats., the consumer information assessment imposed under § 100.261,
Wis. Stats., the jail assessment imposed by § 53.46, Wis.
Stats., and the automation fee imposed by § 814.635, Wis.
Stats.
[Amended by Ord. No. 177]
(h) A direction that if the alleged violator elects to make a cash deposit,
the statement which accompanies the citation shall be signed to indicate
that the statement required under par. (g) above has been read. Such
statement shall be sent or brought with the cash deposit.
(i) Such other information as the Village Board deems necessary.
(3) Deposits.
(a) Each citation issued under this section, except those to which par.
(d) below applies, shall specify a cash deposit as set forth in the
Uniform Deposit and Misdemeanor Bail Schedule of the Wisconsin Judicial
Conference or, where applicable, the Village Deposit Schedule, which
is hereby adopted by reference, which consists of the appropriate
forfeiture, the current penalty assessment, the consumer information
assessment, the jail assessment, the automation fee and court costs.
[Amended by Ord. No. 177]
(b) Deposits shall be made in cash, money order or check to the Clerk
of Municipal Court, who shall provide a receipt therefor.
[Amended by Ord. No. 210]
(c) The penalty assessment imposed by § 757.05, Wis. Stats.,
the consumer information assessment imposed under § 100.261,
Wis. Stats., the jail assessment imposed by § 53.46, Wis.
Stats., and the automation fee imposed by § 814.635, Wis.
Stats., shall be added to all forfeitures hereunder, except where
said forfeitures are derived from citations issued for violations
of ordinances for which State law controls or for ordinances involving
nonmoving traffic violations. Said assessments shall be in an amount
determined after deducting the court costs.
[Amended by Ord. No. 177]
(d) The deposit, including costs, pertaining to any minor receiving a
citation under this section shall in no event exceed the maximum penalties
provided in Ch. 48, Wis. Stats., plus the penalty assessment imposed
by § 757.05, Wis. Stats., the consumer information assessment
imposed under § 100.261, Wis. Stats., the jail assessment
imposed by § 53.46, Wis. Stats., and the automation fee
imposed by § 814.635, Wis. Stats., except that costs and
penalties shall not be assessed against minors unless Wisconsin law
so provides.
(4) Deposit schedule. Every police officer issuing a citation for any
violation of this Code shall indicate on the citation the amount of
the deposit, as provided in sub. (3) above, that the alleged violator
may make in lieu of court appearance.
(5) Issuance of citation. Any law enforcement officer may issue citations
authorized under this section.
(6) Procedure. Section 66.0113(3), Wis. Stats., relating to a violator's
options and procedure on default, is hereby adopted and incorporated
herein by reference.
(7) Nonexclusivity.
(a) Other ordinances. Adoption of this section does not preclude the
Village Board from adopting any other ordinance or providing for the
enforcement of any other law or ordinance relating to the same or
other matter.
(b) Other remedies. The issuance of a citation hereunder shall not preclude
the Village or any authorized officer from proceeding under any other
ordinance or law or by any other enforcement method to enforce any
ordinance, regulation or order.
Any person who shall violate any provision of this chapter shall
be subject to a penalty as provided in sec. 25.04 of this Code. In
addition to any penalty imposed for violation method of sec. 9.943.01(1)
of this chapter, any person who shall cause physical damage to or
destroy any public property shall be liable for the costs of replacing
or repairing such damaged or destroyed property. The parent of any
unemancipated minor child who violates sec. 9.943.01(1) may also be
held liable for the cost of repairing such damaged or destroyed property
in accordance with § 895.35, Wis. Stats.