Town of Greenville, WI Peace and Good Order

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.

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.

§ 215-2 Offenses against state laws subject to forfeiture.

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.

	§ 940.19(1)	Battery; substantial battery; aggravated battery
	§ 941.10	Negligent handling of burning material
	§ 941.20	Endangering safety by use of dangerous weapons
	§ 941.23	Carrying concealed weapon
	§ 941.235	Carrying firearm in public building
	§ 941.24	Possession of switchblade knife
	§ 941.35	Emergency telephone calls
	§ 941.36	Fraudulent tapping of electrical wires or gas or water meters or pipes
	§ 941.37	Obstructing emergency or rescue personnel
	§ 943.01	Damage to property
	§ 943.11	Entry into locked vehicle
	§ 943.125	Entry into locked coin box
	§ 943.13	Criminal trespass to land
	§ 943.14	Criminal trespass to dwellings
	§ 943.15	Entry onto a construction site or into a locked building, dwelling or room
	§ 943.20	Theft
	§ 943.21	Fraud on hotel or restaurant keeper
	§ 943.22	Use of cheating tokens
	§ 943.23	Operating vehicle without owner's consent
	§ 943.34	Receiving stolen property
	§ 943.37	Alteration of property identification marks
	§ 943.46	Theft of video service
	§ 943.50	Retail theft
	§ 944.20	Lewd and lascivious behavior
	§ 944.23	Making lewd, obscene or indecent drawings
	§ 944.30	Prostitution
	§ 944.31	Patronizing prostitutes
	§ 944.33	Pandering
	§ 944.34	Keeping place of prostitution
	§ 944.36	Solicitation of drinks
	§ 946.40	Refusing to aid officer
	§ 946.41	Resisting or obstructing officer
	§ 946.42	Escape
	§ 946.65	Obstructing justice
	§ 946.69	Falsely assuming to act as public officer or employee or utility employee
	§ 946.70	Impersonating peace officers
	§ 946.72	Tampering with public records and notices
	§ 947.01	Disorderly conduct
	§ 947.012	Unlawful use of telephone
	§ 947.0125	Unlawful use of computerized communication systems
	§ 947.013	Harassment
	§ 947.015	Bomb scares
	§ 947.02	Vagrancy
	§ 947.06	Unlawful assemblies and their suppression
	§ 948.10	Exposing genitals or pubic area
	§ 948.11	Exposing a child to harmful materials
	§ 948.40	Contributing to the delinquency of a child
	§ 948.51	Hazing
	§ 961.573	Possession of drug paraphernalia
	§ 961.574	Manufacture or delivery of drug paraphernalia
	§ 961.575	Delivery of drug paraphernalia to a minor

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]

§ 215-3 Throwing or shooting of arrows, stones and other missiles.

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.

§ 215-4 Obstructing streets, sidewalks and trails.

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.

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.

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.

§ 215-5 Interference with police officer.

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.

§ 215-6 Loud and unnecessary noise.

[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.

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.

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.

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.

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.

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.

Enforcement. This section shall be enforced by law enforcement.

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.

§ 215-7 Gambling, lotteries and fraudulent devices and practices.

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.

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.

§ 215-8 Urinating or defecating in public.

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.

§ 215-9 Littering.

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.

§ 215-10 Climbing on motor vehicles.

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.

§ 215-11 Unnecessary acceleration of vehicles.

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.

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.

§ 215-12 Possession of marijuana.

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.

§ 215-13 Synthetic cannabinoid prohibited.

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.

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.

§ 215-14 Loitering by minors.

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.

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.

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.

§ 215-15 Truancy and habitual truancy.

Prohibited acts. A child is prohibited from being a truant or a habitual truant. Any child violating this section shall be subject to one or more of the penalties provided in Subsection D(1) and (2) below, respectively.

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.

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.

(3)

Any person who violates Subsection C(1) shall, upon conviction, be subject to 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.[1]

[1]

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

Truancy penalties.

(1)

A child under the age of 18 who is found to be truant shall be subject to the following:

(a)

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.[2]

[2]

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

(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.

(b)

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.[3]

[3]

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

(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.

§ 215-16 Misuse of 911.

No person shall use the 911 Emergency Telephone System for regular business or nonemergency calls.

No person shall dial the 911 Emergency Telephone number to report an emergency, knowing the fact or situation reported does not exist.

§ 215-17 Violations and penalties.

[Amended 10-13-2014]

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.

§ 215-18 Sexual offender residency restrictions.

[Added 5-18-2020 by Ord. No. 07-20]

Purpose and intent. Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who have committed sexual crimes against children present a threat to the public safety. The intent of this section is not to impose a criminal penalty against sexual offenders, but to promote and protect the health, safety and welfare of citizens of the Town by creating areas around locations where children regularly congregate wherein certain sexual offenders may not reside.

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

CHILD SAFETY ZONES: Any facility used for:

PERMANENT RESIDENCE: Any premises where the person resides or lodges for 14 or more consecutive days.

SEXUAL OFFENDER: Any person required to register for a sexual offense against a child under § 301.45, Wis. Stats., or as a Special Bulletin Notification (SBN) sex offender pursuant to § 301.46 Wis. Stats.

TEMPORARY RESIDENCE: Any place where the person abides, lodges or resides for a period of four or more days within a thirty-day period, or for a period of 14 or more days during any calendar year, and which is not the person's permanent address.

Residency restrictions. No sexual offender may establish a permanent residence or a temporary residence within 1,500 feet of any real property upon which there exists a facility identified in this section as a Child Safety Zone.

Measurement of distance. Distance will be measured for the purpose of determining separation by following a straight line from the outer property line of the parcel upon which the residence sits to the nearest outer property line of the parcel of land upon which the facility identified in this section as a Child Safety Zone sits.

Exceptions. A sexual offender residing within a prohibited area as described in Subsection C of this section does not commit a violation of this section if any of the following apply:

(1)

The sexual offender established the permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats., before the effective date of this section.

(2)

The court has determined that the sexual offender meets the criteria under § 301.45(1m)(a), Wis. Stats., and is not required to register pursuant to § 301.45 or § 301.46, Wis. Stats.

(3)

The applicable facility identified in this section as a Child Safety Zone was opened after the sexual offender established the permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats.

(4)

The residence is also the primary residence of the sexual offender's parents, grandparents, siblings, spouse or child(ren), provided that such person established the residence at least one year before the sexual offender established residence at the location.

(5)

The person has been released from sex offender registration requirements pursuant to § 301.45(5) or (5m), Wis. Stats.

Violations and penalties. Any person found violating this section shall be subject to the penalties set forth in § 215-17. Each day the violation exists shall be considered as a separate offense for which citations may be issued.

§ 215-19 Loitering by sexual offenders prohibited.

[Added 5-18-2020 by Ord. No. 07-20]

Purpose. Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who have committed sexual crimes against children present a threat to the public safety. It is believed that sexual offenders are more likely to reoffend when presented with the opportunity and access to vulnerable victims. The intent of this section is not to impose a criminal penalty against sexual offenders, but to promote and protect the health, safety and welfare of citizens by reducing sexual offenders' access to the locations where children regularly congregate thereby reducing opportunity for recidivism. This section is not intended to limit any persons from exercising their right to assemble or engage in any other constitutionally protected activity.

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

CHILD SAFETY ZONES: Any facility used for:

LOITER-FREE ZONE: The 150-foot radius surrounding all Child Safety Zones.

LOITERING: The definition found in § 215-14.

SEXUAL OFFENDER: Any person required to register for a sexual offense against a child under § 301.45, Wis. Stats., or as a special bulletin notification (SBN) sex offender pursuant to § 301.46, Wis. Stats.

Child Safety Zone restrictions. No sexual offender may enter or be physically present upon any real property upon which there exists a facility identified in this section as a Child Safety Zone unless the sexual offender is there for the sole purpose of performing official, work-related business or to vote in a local, state or national election or referendum, and is at all times accompanied by another adult who is not a designated offender.

Loitering by sexual offenders prohibited in Child Safety Zones. It is unlawful for a sexual offender to loiter within a Child Safety Zone.