Chapter 341 Peace and Good Order

No person, excepting a duly authorized law enforcement officer in the line of duty, shall discharge any firearm or other regulated weapon in the Village of Bellevue unless for the purpose of security, defense, hunting, or other lawful purpose consistent with the provisions of this chapter.

Lawful discharge of firearms or weapons for hunting or recreation shall occur only on those lands designated for such use under the Hunting Overlay Map, established under Subsection C below.

Lawful discharge of firearms for hunting shall not occur within 100 yards of a building devoted to human occupancy. Lawful discharge of weapons for hunting shall not occur within 100 yards of a building devoted to human occupancy unless the owner of the land on which the building is located allows hunting with a weapon within 100 yards of the building.

Persons discharging a bow and arrow or crossbow shall discharge the weapon toward the ground from an elevated position only on those lands designated for such use under the Hunting Overlay Map.

No child under the age of 18 shall bear any firearm or other weapon in the Village of Bellevue, except under the circumstances set forth in § 948.60(3), Wis. Stats. Any parent or guardian of a child under the age of 18 who, knowingly or by negligent supervision, permits a violation of this subsection by their child or ward is also in violation of this section, except as spelled out in WI DNR regulations where the child has completed a hunter's safety course.

Municipal Code § 335-5 and any future amendments thereto are hereby adopted and incorporated as if fully set forth herein. Section 335-5 shall control with regard to firearms and weapons in Village parks.

Section 167.31, Wis. Stats., and any future amendments thereto are hereby adopted and incorporated as if fully set forth herein. If there are any conflicts between the definitions set forth in this section and § 167.31(1), Wis. Stats., the definitions provided in § 167.31(1), Wis. Stats., shall control with regard to interpreting this subsection; provided, however, that a definition in this section that is more restrictive or more encompassing than the definitions in § 167.31(1), Wis. Stats., shall not be considered to be conflicting.

Hunting overlay districts. Hunting overlay districts are hereby established, and areas of the Village subject to such districts shall be shown on a Hunting Overlay Map hereby adopted and kept on file with the Village Clerk-Treasurer and Community Development Director. The districts established by this section are in addition to any other state or local laws governing hunting and trespassing. All new subdivisions will be reviewed by the Village Board (or designee) and a district zone will be applied. The Hunting Overlay Map will be reviewed annually by the Village Board (or designee). The Village Board reserves the right to make changes to the Hunting Overlay Map by separate resolution.

[Amended 3-8-2017 by Ord. No. O-2017-03]

District One (D1): discharging firearms or any other lawful weapons shall be allowed for lawful purposes except for rifles.

District Two (D2): discharge of firearms or any other lawful weapons is prohibited; however, the following firearms or weapons may be discharged: bow and arrow.

§ 341-3 Firearms restricted in certain Village buildings.

District Three (D3): no discharge of any firearms or weapon that launches a projectile of any kind shall be allowed.

Violations and penalties. Any person who violates any provision of this section is subject to the penalties as outlined in § 1-4 of the Code of the Village of Bellevue.

[Amended 7-9-2014 by Ord. No. O-2014-12]

[Added 9-14-2011 (§ 9.14B of the 1998 Code)]

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

FIREARM

A weapon that acts by force of gunpowder.

LAW ENFORCEMENT

Any sworn law enforcement officer employed by the State of Wisconsin or any political subdivision of this state for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce.

WEAPON

A handgun; an electric weapon as defined in 2011 Act 35.[1]

Editor's Note: See § 941.295, Wis. Stats.

Prohibited places. In addition to the provisions of § 175.60, Wis. Stats., and 2011 Act 35, enumerating 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 law enforcement officer to enter the following municipal buildings while carrying a weapon or a firearm:

Village Hall at 3100 Eaton Road.

Village Offices at 2828 Allouez Avenue.

Fire Station No. 1 at 3100 Eaton Road.

Fire Station No. 2 at 1811 Allouez Avenue.

Community Center at 1811 Allouez Avenue.

Josten Park enclosed shelter house at 2280 Town Hall Road.

§ 341-4 Throwing or shooting missiles and projectiles.

DeBroux Park enclosed shelter house 2900 Brighton Place.

Signs posted. Signs meeting the requirements of § 943.13(2)(bm)1, Wis. Stats., shall be posted in prominent places near all entrances of such buildings regarding such restrictions.

Penalty. Any person who enters or remains in any aforementioned Village building contrary to such signage shall be considered a trespasser subject to penalty provided in § 1-4 of this Code.

No person shall carry or cause to be discharged any air gun, BB gun, pellet gun, gas-operated gun, sling shot or similar dangerous missile in any prohibited area within the Village nor 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.

§ 341-5 Obstructing streets and sidewalks prohibited.

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 Village 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.

§ 341-6 Loitering or prowling prohibited.

[Amended 7-9-2014 by Ord. No. O-2014-12; 6-10-2020 by Ord. No. O:2020-10]

Loitering.

Contrary to sign. No person shall loaf or loiter in a public or private place conspicuously posted “No Loitering.”

Obstruction of traffic. No person shall loaf or loiter upon a public street, alley, sidewalk, street crossing, bridge, or in any other public place within the Village in such a manner as to prevent, interfere with, or obstruct the ordinary free use of such place by persons passing along and over the same.

§ 341-7 Loitering in school and playground areas prohibited.

Request to move. No person shall loaf or loiter individually or in groups or crowds in or upon public or private premises 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 after being requested to move by any police officer or by any person in authority at such place.

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 law enforcement or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement 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 law enforcement 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 law enforcement or peace officer at the time, would have dispelled the alarm.

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 Village between 8:00 a.m. and 4:00 p.m. on official school days.

§ 341-8 Curfew.

[Added 5-26-2004 (§ 4.11 of the 1998 Code)]

It shall be unlawful for any person under the age of 18 to be out in the Village of Bellevue for any reason between the hours of 11:00 p.m. and 6:00 a.m. unless accompanied by his or her parent or guardian or the person having lawful custody and control of his or her person or unless there exists a reasonable necessity therefor.

The curfew shall not apply to children returning home from municipal, religious or school activities or children returning home from or traveling to employment.

Any member of the County Sheriff's Office is authorized to arrest, with or without warrant, any person or persons under the age of 18 violating the provisions of this section.[1]

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

Violations and penalties.

Any minor child found violating the provisions of Subsection A or B above may be taken to the County Sheriff's Office where a written record shall be made, and the minor shall be released to his or her parent, guardian or custodian at the County Sheriff's Office. For repeated violations, the minor may be referred to the County Juvenile Court in accordance with the provisions of Ch. 48, Wis. Stats.[2]

[2]

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

Any person violating the provisions of Subsection A or B above shall, upon conviction, be subject to a fine of not less than $10 nor more than $100. In default of payment, said person shall be subject to confinement in jail for not more than five days.

§ 341-9 Drug paraphernalia.

[Amended 12-8-2010]

In this section, "drug paraphernalia" shall be defined as provided in § 961.571(1), Wis. Stats.

[Amended 7-9-2014 by Ord. No. O-2014-12]

Determination of drug paraphernalia. In determining whether an object is drug paraphernalia, the following shall be considered:

Statements by an owner or by anyone in control of the object concerning its use.

Prior convictions, if any, of an owner or of anyone in control of the object under Village, state or federal law relating to any controlled substance.

The proximity of the object in time and space to a direct violation of this section.

The proximity of the object to controlled substances.

The existence of any residue of controlled substances on the object.

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.

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.

Prohibited activities.

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.

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.

Delivery of drug paraphernalia to a minor. Any person 18 years of age or over who violates Subsection C(2) of this section by delivering drug paraphernalia to a person under 18 years of age is guilty of a special offense.

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.

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.

Penalties.

Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Village.

Any person who violates Subsection C(1), (2) or (4) of this section shall, upon conviction, be subject to a forfeiture of not more than $1,000 together with the costs of prosecution and, upon default of payment, be imprisoned in the county jail or house of correction until the costs are paid, but not to exceed 20 days.

[Amended 7-9-2014 by Ord. No. O-2014-12]

§ 341-10 Possession of marijuana prohibited.

Any person who violates Subsection C(3) of this section shall, upon conviction, be subject to a forfeiture of $2,500 together with the costs of prosecution and, upon default of payment, be imprisoned in the county jail or house of correction until the costs are paid, but not to exceed 40 days.

[Amended 7-9-2014 by Ord. No. O-2014-12]

[Added 2-25-2004 (§ 4.10 of the 1998 Code); amended 7-9-2014 by Ord. No. O-2014-12]; 8-13-2014 by Ord. No. O-2014-14]

It is unlawful for any person to possess marijuana as defined in § 961.01(14), Wis. Stats., or any subsequent amendment thereto, subject to the exceptions in § 961.41(3g), Wis. Stats., except that if a complaint is issued regarding an allegation of possession of more than 25 grams of marijuana or of any amount of marijuana following a conviction in the state for possession of marijuana, the subject of the complaint may not be prosecuted in Municipal Court for the same action that is the subject of the complaint unless the charges are dismissed or the District Attorney declines to prosecute the case.

Penalty. Any person violating this section shall be subject to a forfeiture in the amount of not less than $1 nor more than $2,500.

Defenses. Authorization of possession of marijuana under § 961.32 or 961.335, Wis. Stats., shall be a defense to any offense alleged hereunder.

§ 341-11 Possession of synthetic cannabinoid or salvia prohibited.

[Added 12-8-2010 (§ 9.14 of the 1998 Code); amended 7-9-2014 by Ord. No. O-2014-12]

The possession of a controlled substance specified in § 961.14(4)(tb) to (ty), Wis. Stats., is prohibited. Violation of this section shall be subject to a penalty of not less than $1 nor more than $2,500, except that any person who is charged with possession of a controlled substance specified in § 961.14(4)(tb) to (ty), Wis. Stats., following a conviction for possession of a controlled substance in this state shall not be prosecuted under this section.

§ 341-12 Resisting or obstructing an officer.

[Added 2-25-2004 (§ 4.05 of the 1998 Code)]

Whoever knowingly resists or obstructs an officer while such officer is doing any act in his official capacity and with lawful authority shall be subject to a forfeiture of not more than $500, together with the costs of prosecution, and, in default of the payment of the forfeiture and costs of prosecution, shall be imprisoned in the county jail until said forfeiture and costs are paid, but not to exceed 90 days.

§ 341-13 Disorderly conduct.

[Added 2-25-2004 (§ 4.06 of the 1998 Code)]

Whoever does any of the following shall be subject to a forfeiture of not more than $500, together with the costs of prosecution, and, in default of the payment of the forfeiture and the costs of prosecution, shall be imprisoned in the county jail until said forfeiture and costs are paid, but not to exceed 90 days:

In a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which such conduct tends to cause or provoke a disturbance; or

With intent to annoy another, makes a telephone call, whether or not conversation ensues.[1]

§ 341-16 Abandoned or unattended refrigerators and containers.

Editor's Note: Original § 9.05, Loud and unnecessary noise prohibited, which immediately followed this subsection, was repealed 7-9-2014 by Ord. No. O-2014-12. See now § 326-10.

§ 341-14 Petty theft.

[Added 2-25-2004 (§ 4.07 of the 1998 Code)]

Whoever intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another, the value of which does not exceed $500, without the person's consent and with the intent to deprive the owner permanently of possession of such property shall be subject to a forfeiture of not more than $500, together with the costs of prosecution, and, in default of the payment of the forfeiture and costs of prosecution, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 90 days.

Whoever intentionally fails to return any personal property which is in his/her possession or under his/her control by virtue of a written lease or written rental agreement, within 10 days after the lease or rental agreement has expired, shall be subject to a forfeiture of not more than $500, together with the cost of prosecution, and, in default of the payment of forfeiture and cost of prosecution, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 90 days.

§ 341-15 Shoplifting.

[Added 2-25-2004 (§ 4.08 of the 1998 Code)]

Whoever intentionally alters indicia or price or value of merchandise or who takes and carries away, transfers, conceals, or retains possession of merchandise held for resale by a merchant without his consent and with intent to deprive the merchant permanently of possession, or the full purchase price of such merchandise, shall be subject to a forfeiture of not more than $500, together with the cost of prosecution, and, in default of the payment of the forfeiture and costs of prosecution, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 90 days.

The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payments in a merchant's store is evidence of intent to deprive the merchant without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of such person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods.

A merchant or merchant's adult employee who has probable cause for believing that a person has violated this section in his presence may detain such person in a reasonable manner for a reasonable length of time to deliver him to a peace officer, or to his parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he shall not be interrogated or searched against his will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. Compliance with this subsection entitles the merchant or his employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.

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 the door or lid, snap lock or other locking device has been removed from the ice box, refrigerator or container, or unless the container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.

§ 341-17 Violations and penalties.

Except as otherwise provided, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of the Code of the Village of Bellevue.

§ 341-18 Fraudulent return of merchandise.

[Added 8-13-2014 by Ord. No. O-2014-13]

No person shall return merchandise to a merchant for the purpose of claiming a cash refund or credit if the person falsely represents that such person purchased the merchandise, falsely represents the place of purchase of the merchandise, falsely represents the purchase price of the merchandise, or provides the merchant a false name or address.

§ 341-19 Possession/use of tobacco and vapor products by minors prohibited.

[Added 7-10-2019 by Ord. No. O-2019-21]

The purpose of this section is to protect the public health, safety and welfare of the property and persons in the Village of Bellevue by prohibiting persons under 18 years of age from possessing tobacco products and vapor products and prohibiting the sale of tobacco products and vapor products to persons under 18 years of age.

Definitions. For the purpose of construction and application of this section, the following definitions shall apply:

MINOR

An individual who is less than 18 years of age.

PERSON WHO SELLS TOBACCO PRODUCTS AT RETAIL

A person whose ordinary course of business consists, in whole or in part, of the retail sale of tobacco products subject to the state sales tax.

PERSON WHO SELLS VAPOR PRODUCTS AT RETAIL

A person whose ordinary course of business consists, in whole or in part, of the retail sale of vapor products.

POSSESSION OF A TOBACCO PRODUCT

Either actual physical control of the tobacco product without necessarily owning that product, or the right to control the tobacco product even though it is in a different room or place than where the person is physically located.

PUBLIC PLACE

A public street, sidewalk, or park or any area open to the general public in a publically owned or operated building or premises, or in a public place of business or school.

TOBACCO PRODUCT

A product that contains tobacco and is intended for human consumption, including but not limited to, cigarettes, noncigarette smoking tobacco, or smokeless tobacco, as those terms are defined in Section 2 of the Tobacco Products Tax Act,[1] and cigars. Tobacco product does not include a vapor product or a product regulated as a drug or device by the United States Food and Drug Administration.

USE A TOBACCO PRODUCT OR VAPOR PRODUCT

To smoke, chew, suck, inhale, or otherwise consume a tobacco product or vapor product.

VAPOR PRODUCT

Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device shall include any component part of such a product whether or not sold separately. Electronic delivery device shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes and is being marketed and sold solely for that approved purpose.

Editor's Note: See MCLA § 205.422.

Prohibited conduct.

Consistent with Wis. Stats. § 254.92, a minor shall not do any of the following:

Purchase or attempt to purchase a tobacco product or vapor product.

(b)

Possess or attempt to possess a tobacco product or vapor product.

(c)

Use a tobacco product or vapor product in a public place.

(d)

Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco product or vapor product.

No individual, regardless of age, who is enrolled in secondary school may possess or attempt to possess a tobacco product or vapor product while on school property.

An individual who violates Subsection B(1) shall be subject to the civil forfeiture of at least $10 nor more than $50, plus costs.

An individual who violates Subsection B(2) shall be subject to the following penalties:

For the violation, the person is responsible for a civil infraction punishable by a civil forfeiture of at least $25 nor more than $100, plus costs.

Subsection B(1) does not apply to a minor participating in any of the following:

An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the minor's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.

(b)

An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the state police or a local police agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of the tobacco product or vapor product by the minor was not under the direction of the state police or the local police agency and was not part of the undercover operation.

(c)

Compliance checks in which the minor attempts to purchase tobacco products for the purpose of satisfying federal substance abuse block grant youth tobacco access requirements, if the compliance checks are conducted with the prior approval of the state police or a local police agency.

Subsection B(1) does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of that minor's employment.

This section does not prohibit an individual from being charged with, convicted of or found responsible for, or sentenced for any other violation of law that arises out of the violation of Subsection B(1).

Sale or gift of cigarettes, tobacco, or vapor products restricted. (Consistent with Wis. Stats. § 134.66)

A person shall not sell, give or furnish any vapor product to a minor, including, but not limited to, through a vending machine. A person who violates this this section is subject to a fine of not more than $100 for each violation.

Subsection B(1) of this section does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of the minor's employment.

Before selling, offering for sale, giving, or furnishing a vapor product to an individual, a person shall verify that the individual is at least 18 years of age by doing one of the following: