[HISTORY: Adopted by the Town Board of the Town of Greenville 7-9-2012 by Ord. No.
21. Amendments noted where applicable.]
GENERAL REFERENCES
Firearms and dangerous weapons — See Ch. 141.
A.
This chapter is titled the "Town of Greenville Peace and Safety Ordinance."
The Town Board has the specific statutory authority, pursuant to § 60.23(23),
Wis. Stats., to regulate, control, prevent and enforce against in
the Town of Greenville certain uses, activities, businesses and operations
by persons that may affect public peace and safety in the Town of
Greenville.
B.
The Town Board has, by adoption of this chapter, confirmed the specific
statutory authority, powers and duties noted in the specific sections
of this chapter and has established by these sections and this chapter
the regulations, controls and enforcement against certain uses, activities,
businesses and operations by persons that may affect the public peace
and safety in the Town of Greenville.
A.
No person shall commit the following offenses in the Town of Greenville (herein noted as Town of Greenville ordinance violations) that are hereby adopted by reference in this section. These statutes defining offenses against the peace and safety of the state are adopted by reference to define offenses against the peace and safety of the Town. Prosecutions of such offenses under this section shall be as provided in §§ 60.23 and 66.0107, Wis. Stats., and the below-noted sections, but the penalties for violations of these sections shall be limited as noted in Subsection B of this section.
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§ 940.19(1)
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Battery; substantial battery; aggravated battery
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§ 941.10
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Negligent handling of burning material
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§ 941.20
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Endangering safety by use of dangerous weapons
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§ 941.23
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Carrying concealed weapon
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§ 941.235
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Carrying firearm in public building
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§ 941.24
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Possession of switchblade knife
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§ 941.35
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Emergency telephone calls
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§ 941.36
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Fraudulent tapping of electrical wires or gas or water meters
or pipes
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§ 941.37
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Obstructing emergency or rescue personnel
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§ 943.01
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Damage to property
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§ 943.11
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Entry into locked vehicle
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§ 943.125
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Entry into locked coin box
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§ 943.13
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Criminal trespass to land
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§ 943.14
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Criminal trespass to dwellings
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§ 943.15
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Entry onto a construction site or into a locked building, dwelling
or room
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§ 943.20
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Theft
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§ 943.21
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Fraud on hotel or restaurant keeper
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§ 943.22
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Use of cheating tokens
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§ 943.23
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Operating vehicle without owner's consent
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§ 943.34
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Receiving stolen property
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§ 943.37
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Alteration of property identification marks
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§ 943.46
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Theft of video service
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§ 943.50
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Retail theft
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§ 944.20
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Lewd and lascivious behavior
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§ 944.23
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Making lewd, obscene or indecent drawings
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§ 944.30
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Prostitution
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§ 944.31
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Patronizing prostitutes
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§ 944.33
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Pandering
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§ 944.34
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Keeping place of prostitution
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§ 944.36
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Solicitation of drinks
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§ 946.40
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Refusing to aid officer
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§ 946.41
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Resisting or obstructing officer
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§ 946.42
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Escape
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§ 946.65
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Obstructing justice
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§ 946.69
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Falsely assuming to act as public officer or employee or utility
employee
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§ 946.70
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Impersonating peace officers
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§ 946.72
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Tampering with public records and notices
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§ 947.01
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Disorderly conduct
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§ 947.012
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Unlawful use of telephone
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§ 947.0125
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Unlawful use of computerized communication systems
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§ 947.013
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Harassment
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§ 947.015
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Bomb scares
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§ 947.02
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Vagrancy
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§ 947.06
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Unlawful assemblies and their suppression
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§ 948.10
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Exposing genitals or pubic area
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§ 948.11
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Exposing a child to harmful materials
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§ 948.40
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Contributing to the delinquency of a child
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§ 948.51
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Hazing
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§ 961.573
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Possession of drug paraphernalia
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§ 961.574
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Manufacture or delivery of drug paraphernalia
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§ 961.575
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Delivery of drug paraphernalia to a minor
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B.
Consistent with the provisions of the above-referenced statutes and
§ 939.52, Wis. Stats., forfeitures are classified into the
following categories: Class A forfeiture, Class B forfeiture, Class
C forfeiture, Class D forfeiture, and Class E forfeiture. The forfeiture
amounts for violations of this subsection shall be set from time to
time by ordinance in the Fine and Forfeiture Schedule of the Town
of Greenville for offenses.
[Amended 10-13-2014]
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 other person or at, in or into any building, street, sidewalk,
alley, highway, park, playground or other public places within the
Town unless authorized by the Law Enforcement Unit or unless conducted
entirely upon private property with the permission of the owner thereof.
The discharge of bows and arrows upon private property shall be done
only when properly and securely guarded and properly supervised against
injury or damage to other persons or their property. This section
shall not apply to police officers in the discharge of their duties.
A.
Obstructing streets. No person shall obstruct, loiter, cause a nuisance,
or engage in any sport or exercise on any public street, sidewalk,
trails, bridge, or public ground within the Town in such a manner
as to:
(1)
Prevent or obstruct the free passage of pedestrian or vehicular traffic
thereon;
(2)
Prevent or hinder free ingress and egress to or from any place of
business or amusement, church, public hall or meeting place; or
(3)
Cause a nuisance by congregating and hindering the free passage of
pedestrian or vehicular traffic.
B.
Obstructing sidewalk prohibited. No person shall block any sidewalk
or bridge by obstructing the same so that it is impossible for a pedestrian
to travel along the sidewalk without leaving the sidewalk and walking
on adjacent property or on the street.
C.
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
- LOITER
- To sit, stand, loaf, lounge, wander or stroll in an aimless manner or to stop, pause or remain in an area for no obvious reason.
- NUISANCE
- Conduct which prevents or obstructs the exercise of rights of passage or travel by another in or about any public street, sidewalk, bridge, or public ground located in the Town of Greenville.
- OBSTRUCT
- To interfere with unobstructed travel by any means, including but not limited to standing on the part of the street, sidewalk, bridge or public ground that is fit and intended for travel or passage or placing any vehicle or any other object whatsoever on such area so as to prevent travel or passage.
- SIDEWALK
- Any sidewalk owned or maintained by the Town. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.
- STREET
- Any public street, road, highway, alley, or easement located in the Town on which public vehicular traffic is permitted.
No person shall cause, allow or permit any person to resist
or interfere with any Town of Greenville Law Enforcement Officer in
the execution of his or her official duties.
[Amended 7-22-2019 by Ord. No. 07-19]
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
another in or about any public street, alley or park or any private
residence.
A.
Definitions. As used in this section, the following terms shall have
the meanings indicated:
- NOISE
- Any sound which is unnatural, annoying, prolonged or unusually loud in relationship to its time, place and use effect.
B.
Loud and unnecessary noise prohibited. Excessive and unnecessary
noise as defined in this section is hereby declared to be a public
nuisance which is prohibited and may be subject to abatement procedures.
Such abatement procedures may be in addition to administrative proceedings,
fines and penalties.
C.
Types of excessive and unnecessary noises. The following acts are
declared to be excessive and unnecessary noises in violation of this
section, but this enumeration shall not be deemed to be exclusive:
(1)
Radios, phonographs, amplifiers, instrument, similar devices. The
using, operating or permitting to be played, used or operated any
radio receiver set; musical instrument, phonograph, amplifier or other
machine or device for the producing or reproducing of sound in an
excessive and unnecessary manner. The operation of any set, instrument,
phonograph, machine, amplifier or device between the hours of 10:00
p.m. and 7:00 a.m. in a manner as to be plainly audible at the property
line of the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this section.
(2)
Animals, birds. The keeping of any animal or bird which causes frequent or long continued unnecessary noise. All farm animals as defined in § 76-3 kept within any agricultural zoning district are exempt from this section.
(3)
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, go-cart, four-wheeler,
motorcycle, motor vehicle, motor-driven cycle, motor scooters, mopeds,
motorboat and similar vehicles and equipment except through a muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
(4)
Vehicles. To operate a motor vehicle so as to cause the tires thereof
to squeal, the horn to blow excessively or the motor to race excessively.
(5)
Specified power equipment. Power equipment, such as lawn mowers,
small lawn and garden tools, and riding tractors and which is necessary
for the maintenance of property, which are operated between the hours
of 10:00 p.m. and 7:00 a.m. Noise production shall be minimized through
proper equipment operation and maintenance. All snow removal equipment
shall be fully exempt from this section.
(6)
Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building, as well as the operation
of any pile driver, steam shovel, pneumatic hammer, steam or electric
hoist, or any other similar equipment attended by noise, as defined
in this section, other than between the hours of 7:00 a.m. and 10:00
p.m. on weekdays.
(7)
Construction sites, public utilities, public works. The development
of construction sites and work related to public utilities or public
works projects, other than between the hours of 7:00 a.m. and 10:00
p.m. from Monday through Saturday.
(8)
Use of compression brakes prohibited. No person shall use motor vehicle
brakes which are in any way activated or operated by the compression
of the engine of such motor vehicle or any unit or part thereof. Brakes
applied in an emergency situation requiring their use and there being
no other way to stop shall be exempt from this section.
D.
Variances. Variance permits may be issued by the Town Board or the
Administrator to provide exemptions to this section.
(1)
General. A variance permit may be issued upon request, provided that
the activity producing such noise is necessary to promote the public
health and/or welfare and reasonable steps are taken to keep such
noise at the lowest possible practical level.
(2)
Special community events. A temporary variance permit may be issued
for special events, such as parades, 4th of July celebrations and
similar community events which are limited in duration and are generally
acceptable to the people of the community, provided that precautions
are taken to maintain the noises produced at the lowest practical
level.
(3)
Procedure to obtain a variance permit. Applications for temporary
variance permits must be made in writing to the Town Administrator
and shall contain all of the following pertinent information:
(a)
Dates requested;
(b)
Time and place of activity;
(c)
Equipment, operation, or activity involved;
(d)
Necessity for such permit;
(e)
Steps to be taken to minimize noise; and,
(f)
Name of responsible person(s) who will be present at the site
while the noise is produced and phone number at which they can be
contacted.
(4)
A variance permit fee shall be submitted as noted in the Town Fees and Licenses Schedule. The Town Administrator shall have the authority to grant a variance permit for all types of excessive and unnecessary noise as listed in § 215-6C, except for noise as listed in § 215-6C(1), which shall require Town Board approval. The Administrator and the Town Board shall reply, in writing, giving the variance, denying the variance, or setting forth conditions or limitations under which the variance will be granted.
E.
Exemptions. The provisions of this section shall not apply to:
(1)
Any vehicle or equipment of the Town or a Town contractor engaged in necessary public business (including, but not limited to, garbage trucks, snowplows), provided the provisions of § 215-6C(7) are followed, if applicable.
(2)
Vehicle or equipment usage related to agriculture operations.
(3)
Fireworks, public assembly, parades or other activities as properly
licensed by the Town. At time of license issuance, the Town may place
restrictions on such license regarding excessive or unnecessary noise.
(4)
Emergency operations. Emergency short-term operations which are necessary
to protect the health and welfare of the citizens, such as emergency
utility and street repair, fallen tree removal, and operations of
a fire department, law enforcement, ambulance or emergency medical
services.
(5)
Noises required by law. The provisions of this section shall not
apply to any noise required specifically by law for the protection
of safety of people or property.
(6)
Airport operations.
(7)
Railroad operations.
F.
Enforcement. This section shall be enforced by law enforcement.
G.
Violations and penalties. Any person, firm, company, business, corporation
or other entity in violation of this section shall receive a warning
for a first-time violation. After a warning is issued, the violation
shall cease within one hour or a second violation may be issued. A
second violation shall be a forfeiture of not less than $100 or no
more than $500, plus the cost of prosecution. Penalties are doubled
for third and subsequent offenses.
A.
All forms of gambling, lotteries and fraudulent devices and practices
are prohibited within the limits of the Town. Any peace officer or
police officer of the Town is hereby authorized to seize anything
devised solely for gambling or found in actual use for gambling within
the Town and to dispose thereof after a judicial determination is
made that the device was used solely for gambling or found in actual
use for gambling.
B.
Section 945.04, Wis. Stats., Permitting premises to be used for commercial
gambling, is hereby adopted. Violations of this section constitute
civil violations subject to forfeitures rather than Class A misdemeanors.
No person shall urinate or defecate outside of designed sanitary
facilities, upon any sidewalk, street, alley, public parking lot,
park, playground, cemetery, or other public area within the Town,
or upon any private property in open view of the public, in the halls,
rooms without rest room facilities, stairways or elevators of public
or commercial buildings.
No person shall throw any glass, rubbish, waste or filth upon
the streets, alleys, highways, public parks or other property of the
Town or upon any private property not owned by him or upon the surface
of any body of water within the Town.
No person shall climb, lay or sit upon a motor vehicle while
such vehicle is parked or standing upon the public streets, public
parking lots or other public area of the Town.
A.
No person shall cause, by excessive and unnecessary acceleration,
the tires of any vehicle to spin and emit loud noises or to unnecessarily
throw stones or gravel or cause to be made by excessive and unnecessary
acceleration any loud noise as would disturb the public peace.
B.
No person shall operate a motor vehicle in a manner so as to cause
"spinning donuts," wherein a vehicle is driven rapidly in a tight
radius, or in a manner known as "fishtailing," wherein the vehicle
is driven in such a manner as to cause the rear end of the vehicle
to unnecessarily sway from side to side.
No person shall possess 25 grams or less of marijuana, tetrahydrocannabinols
or any derivative thereof, unless the substance was obtained directly
from, or pursuant to, a valid prescription or order of a licensed
physician or pharmacist for a valid medical purpose. The marijuana
in the person's possession should be consistent with the amount
needed for personal use only and not in an amount that is intended
for distribution.
A.
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 as provided in § 215-17 of this chapter, 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.
B.
Acts otherwise prohibited under Subsection A shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized under Wisconsin law to direct or prescribe such acts, provided that such use is permitted under Wisconsin and federal laws.
A.
Definitions. As used in this section, the following terms shall have
the meanings indicated:
- LOITERING
- Remaining idle in essentially one location and includes the concept of spending time idly, to be dilatory, to linger aimlessly, to stay, to delay, to stand around, and shall also include the colloquial expression "hanging around."
- MINOR
- Any person less than 18 years of age.
B.
Loitering of minors prohibited. It shall be unlawful for any minor
to loiter in or upon the public streets, highways, roads, alleys,
parks, public buildings, premises licensed for the sale of alcohol
beverages, vacant lots, vacant buildings, playgrounds or school grounds
in the Town of Greenville, either on foot or in or upon any conveyance
being driven or parked thereon, between the hours of 10:00 p.m. and
5:00 a.m. of the following day, Sunday through Thursday, and between
11:00 p.m. and 5:00 a.m. Friday and Saturday, unless said minor is
accompanied by his or her parent, guardian or adult person having
legal custody or control.
C.
Responsibility of parents. It shall be unlawful for the parent, guardian,
or other adult person having legal custody or control of any minor
to suffer to permit or by inefficient control allow such minor to
violate this section unless said minor is accompanied by his or her
parent, guardian or other adult person having legal custody or control.
B.
Definitions. In this section, all terms not specifically defined
shall have the same meaning as those terms used in the context of
the Wisconsin Statutes referred to in this section. Further, the following
terms shall have the following meanings:
- ACCEPTABLE EXCUSE
- Permission of the parent/guardian/legal custodian of a pupil within limits of policies on truancy established by the school in which that pupil is enrolled. Except in emergencies or unforeseeable circumstances, such permission is expected to be communicated in writing from the parent/guardian/legal custodian to the school prior to the absence. In emergencies or unforeseeable circumstances, such communication is expected to be as soon as practicable following the absence.
- HABITUAL TRUANT
- A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part or all of five or more days on which school is held during the school semester.
- TRUANT
- A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part or all of any day on which school is held during a school semester.
C.
Contributing to truancy.
(1)
Contributing to truancy is prohibited. Except as provided in Subsection C(2), no person 17 years of age or older may, by any act or omission, knowingly encourage or contribute to truancy. An act or omission contributes to the truancy of a child, whether or not the child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be truant, as defined in this section.
(2)
Subsection C(1) shall not apply to a person who has under his/her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
D.
Truancy penalties.
(1)
A child under the age of 18 who is found to be truant shall be subject
to the following:
(b)
All or part of the forfeiture plus costs may be assessed against
the person, the parents or guardian of the person, or both, if the
parents or guardian have, by any act or omission, knowingly encouraged
or contributed to the person's truancy pursuant to § 948.45,
Wis. Stats.
(c)
An order for the person to attend school.
(2)
A child under the age of 18 who is found to be a habitual truant
shall be subject to the following:
(a)
Suspension of the child's operating privilege, as defined
in § 340.01(40), Wis. Stats., for not less than 30 days
nor more than one year. Any license so suspended shall be immediately
taken by the court and forwarded to the Department of Transportation
together with a notice stating the reason for and the duration of
the suspension.
(c)
An order for the person to attend school.
(d)
Any other reasonable conditions consistent with this subsection,
including a curfew, restrictions as to going to or remaining on specified
premises and restrictions on associating with other children or adults.
Any person or corporation found violating this chapter shall,
upon conviction, be subject to the forfeiture amount set from time
to time by ordinance in the Fine and Forfeiture Schedule of the Town
of Greenville. Each violation of this chapter shall constitute a separate
offense.
