[Amended 3-24-2017]
A.
This section is hereby adopted pursuant to §§ 29.038(2),
(3), 66.0107(2) and 66.0409(3)(b), Wis. Stats. Wisconsin Statutes
§§ 167.31, on safe use and transportation of firearms
and bows, and 941.20, on endangering safety by use of a deadly weapon,
and Wisconsin Administrative Code Chapter NR 10, on game and hunting,
are incorporated into this chapter by reference, as from time to time
amended, as if fully set forth herein.
B.
Definition. "Building" means a permanent structure used for human
occupancy and includes a manufactured home, as defined in § 101.91(2),
Wis. Stats. "Building," as used in this article, does not include
any tent, bus, truck, vehicle or similar portable unit.
C.
Hunting on Village property. No hunting is allowed on any land owned
or leased by the Village.
D.
Restrictions on discharge of firearms. No person may discharge a
firearm within 100 yards from a building located on another person's
land. This restriction does not apply if the person who owns the land
on which the building is located allows the person to discharge a
firearm within a specified lesser distance from the building.
E.
Bow and crossbow hunting.
(1)
A person
may not hunt with a bow and arrow or crossbow within one yard from
a building located on another person's land. This restriction does
not apply if the person who owns the land on which the building is
located allows the hunter to hunt within a specified lesser distance
from the building.
(2)
A person
who hunts with a bow and arrow or crossbow is required to discharge
the arrow or bolt from the respective weapon toward the ground.
[Amended 11-7-2011]
A.
FIREARM
LAW ENFORCEMENT OFFICER
WEAPON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
[Amended 3-24-2017]
A weapon that acts by force of gunpowder.
Any person 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 and includes a university police officer, as defined in
§ 175.42(1)(b), Wis. Stats..
A handgun, an electric weapon as defined in § 941.295(1c)(a),
Wis. Stats., a knife, or a billy club.
B.
In addition to the provisions of § 175.60, Wis. Stats.,
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 a municipal
building while carrying a weapon or a firearm. In Tigerton such buildings
include but are not limited to the following:[1]
(1)
Tigerton Community Center.
(2)
Tigerton Department of Public Works Building.
(3)
Tigerton Fire Department Station.
(4)
Tigerton Municipal Water Utility buildings, pumping stations and
water towers.
(5)
Tigerton Municipal Sewer Utility treatment plant and utility buildings.
(6)
Tigerton Public Library.
(7)
Embarrass River Campgrounds Office Building.
(8)
Any other duly posted Village of Tigerton building or structure.
C.
Signage. 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.
D.
Possession, sale and manufacture of certain weapons prohibited.
(1)
No person shall sell, manufacture, purchase, possess or carry a "numchuk"
(also called a "nunhaku") or a "churkin" or a "sucbai" or similar
weapon within the Village of Tigerton.
(2)
CHURKIN
NUMCHUK or NUNCHAKU
SUCBAI
For the purpose of this subsection, the following definitions shall
apply:
A round throwing knife consisting of several sharp points
protruding from a rounded disc.
An instrument consisting of two or more sticks, clubs or
rods connected by a rope, cord, wire or chain.
A short length of wood or metal or similar material which
when gripped in the hand protrudes on either side of the fist. Such
prohibited instrument may or may not have spikes or short pointed
protrusions from either end.
(3)
Any such device shall be seized by a law enforcement officer and
destroyed or turned over to the State of Wisconsin Crime Laboratory
for destruction.
It shall be unlawful for any person to discharge or throw by
any means any dangerous missile, object, arrow, stone or other missile
within the Village of Tigerton; provided, however, upon written application
to the Chief of Police, a person may be granted permission by the
Chief of Police to construct and maintain supervised archery ranges
if in the opinion of the Chief of Police the construction or maintenance
of such ranges will not endanger the public health and safety.[1]
No person shall sell, expose or offer for sale, use, keep, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Village unless he shall be authorized by a fireworks permit as provided in Chapter 292, Fireworks, of the Code of the Village of Tigerton. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all rockets or similar missiles containing explosive fuel.
A.
Obstructing streets. No person shall stand, sit, loaf or loiter or
engage in any sport or exercise on any public street, 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 or egress to or from any place of business
or amusement, church, public hall or meeting place.
B.
Blocking sidewalk prohibited. No person shall block any sidewalk
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.
Free speech. This section shall not be interpreted as prohibiting
any person from stopping on any sidewalk to talk or to make a speech,
provided that such person shall not stand in such a location that
it is impossible for any pedestrian to travel along the sidewalk without
leaving the sidewalk and walking on adjacent property or on the street.
If two or more persons are engaged in talking while stopped on a sidewalk,
they shall not stand in such locations as to completely prevent any
pedestrian from passing them on the sidewalk.
D.
BLOCK
SIDEWALK
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:
To interfere with unobstructed travel by any means, including
but not limited to standing on the part of the walk that is fit for
travel or placing any object or vehicle whatsoever on such walk.
Any sidewalk owned or maintained by the Village. The term
shall not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
No person shall loiter or prowl in a place, at a time or in
a manner not usual for law-abiding individuals under circumstances
that warrant alarm for the safety of persons or property in the vicinity.
Among the circumstances which may be considered in determining whether
such alarm is warranted is the fact that the person takes flight upon
appearance of a police or peace officer, refuses to identify himself
or manifestly endeavors to conceal himself or any object. Unless flight
by the person or other circumstances makes it impracticable, a police
or peace officer shall, prior to any arrest for an offense under this
section, afford the person an opportunity to dispel any alarm which
would otherwise be warranted by requesting him to identify himself
and explain his presence and conduct. No person shall be convicted
of an offense under this section if the police or peace officer did
not comply with the preceding sentence, or if it appears at trial
that the explanation given by the person was true and, if believed
by the police or peace officer at the time, would have dispelled the
alarm.
A.
Loud and unnecessary noise prohibited. It shall be unlawful for any
person to make, continue or cause to be made or continued any loud
and unnecessary noise.
B.
Types of loud and unnecessary noises. The following acts are declared
to be loud, disturbing and unnecessary noises in violation of this
section, but this enumeration shall not be deemed to be exclusive:
(1)
Horns, signaling devices. The sounding of any horn or signaling device
on any automobile, motorcycle or other vehicle on any street or public
place in the Village for longer than three seconds in any period of
one minute or less, except as a danger warning; the creation of any
unreasonable loud or harsh sound by means of any signaling device
and the sounding of any plainly audible device for an unnecessary
and unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust and the use of any signaling
device when traffic is for any reason held up.
(2)
Radios, phonographs, similar devices and live musical performances.
The using, operating or permitting to be played, used or operated
any radio receiving set; musical instrument, phonograph or other machine
or device for the producing or reproducing of sound in a loud and
unnecessary manner or live musical performances. The operation of
any set, instrument, phonograph, machine or device between the hours
of 11:00 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.
(3)
Loudspeaker, amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which
is cast upon the public streets for the purpose of commercial advertising
or attracting attention of the public to any building or structure.
Announcements over loudspeakers can only be made by the announcer
in person and without the aid of any mechanical device.
(5)
Steam whistles. The blowing of any steam whistle attached to any
stationary boiler except to give notice of the time to begin or stop
work or as a warning of fire or danger or upon request of proper Village
authorities.
(6)
Exhausts. The discharge into the open air of the exhaust of any engine,
stationary internal combustion engine or motorboat except through
a muffler or other device which will effectively prevent loud or explosive
noises therefrom.
(7)
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, derrick, steam
or electric hoist, or any other similar equipment attended by loud
or unusual noise, other than between the hours of 6:00 a.m. and 8:00
p.m. on weekdays; provided, however, the Building Inspector shall
have the authority, upon determining that the loss or inconvenience
which would result to any party in interest would be extraordinary
and of such nature as to warrant special consideration, to grant a
permit for a period necessary within which time such work and operation
may take place within the hours of 8:00 p.m. to 6:00 a.m.[2]
(8)
Schools, courts, churches, hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while in use, or adjacent to any hospital, which unreasonably
interferes with the normal operation of that institution or which
disturbs or unduly annoys patients in the hospital, provided that
conspicuous signs are displayed in those streets indicating a school,
hospital, church or court street.[3]
(9)
Exceptions. The provisions of this section shall not apply to:
(a)
Any vehicle of the Village while engaged in necessary public
business.
(b)
Excavations or repairs of streets or other public construction
by or on behalf of the Village, county or state at night when public
welfare and convenience render it impossible to perform such work
during the day.
(c)
The reasonable use of amplifiers or loudspeakers in the course
of public addresses which are noncommercial in character.
C.
Stationary noise limits.
(1)
Maximum permissible sound levels.
(a)
Noise from a stationary source shall not exceed the following
standards for maximum sound pressure levels measured at the property
line:[4]
|
Zone
|
Noise Rating-Daytime
(db)
|
Noise Rating-Nighttime
(db)
| |
|---|---|---|---|
|
Residential
|
60
|
50
| |
|
Commercial
|
70
|
70
| |
|
All other zones
|
85
|
75
|
(b)
Ambient noise is the all-encompassing noise associated with
a given source, usually being a composite of sounds with many sources
near and far, but excluding the noise source being measured. Ambient
noise is a factor and the subject noise shall exceed the ambient noise
by 5 db in any octave band to be designated excessive.
(2)
Construction noise. Construction equipment in any zone may be operated
between the hours of 6:00 a.m. to 8:00 p.m., provided that said equipment
does not exceed a maximum sound pressure level of 80 db(a) measured
at the property line of the location at which said equipment is in
use.
(3)
Noise in residential districts. In residential zones, the person
in violation of this section shall be ordered to reduce the sound
pressure to acceptable levels immediately by the monitoring officer.
(4)
Operation of certain equipment. Lawn mowers, chainsaws, powered garden
equipment, electric insect-killing/repelling devices, and other nonconstruction
maintenance equipment shall be operated only during the hours between
7:00 a.m. and 9:00 p.m. unless within the specified noise levels measured
at the property line of the location at which said equipment is in
use.
(5)
Exemption. Operation of emergency equipment shall be exempt from
this section. Snowblowers not operated on a commercial basis shall
be exempt from this section when used to gain access to a Village
street. Emergency equipment shall include ambulance, police, fire,
snow removal, civil defense sirens, etc., necessary for the health,
safety and protection of the citizens of the Village.
(6)
Methods of measuring noise.
(a)
Equipment. Noise measurement shall be made with a sound-level
meter.
(b)
Location of noise meter. Noise measurement shall be made at
the nearest lot line of the premises from which a noise complaint
is received. The noise meter shall be placed at a height of at least
three feet above the ground and at least three feet away from walls,
barriers, obstructions and all other sound-reflective surfaces.
(7)
Appeals. The Village Board may grant a variance to individuals proving
evidence of substantial hardship. Evidence that reasonable technological
attempts have been made to correct the problem shall be considered
grounds for granting an exemption to this section for existing industries.
The Village Board, in making its determination, shall also consider
the proximity of the noise to residential sleeping facilities; the
nature and zoning of the area in which the noise emanates; the time
of day or night the noise occurs; the duration of the noise; whether
the noise is recurrent, intermittent or constant; and whether the
noise is produced by commercial or noncommercial activity.
D.
Permits for amplifying devices.
(1)
Permit required. The use of loudspeakers or amplifying devices on
the streets or parks of the Village of Tigerton is prohibited unless
the party desiring to use such loudspeaker or amplifying device first
obtains a permit from the Chief of Police.
(2)
Grounds or reasons for denial or allowance. The Chief of Police shall
have the authority to revoke such permit when he believes such loudspeaker
or amplifying device is becoming a nuisance because of the volume,
the method in which it is being used, or the location in which it
is being operated.
(3)
Time restrictions. Without the permission of the Village Board, the
Chief of Police shall not grant a permit to use a loudspeaker or amplifying
device before the hour of 9:00 a.m. or after 9:00 p.m., nor shall
a permit be granted to anyone who, in the opinion of the Chief of
Police, uses said loudspeaker or amplifying device in such a manner
or for such a purpose as to constitute a nuisance.
A.
Disorderly conduct prohibited. No person within the Village of Tigerton
shall:
(1)
In any public or private place, engage in violent, noisy, riotous,
abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct which tends to cause or provoke an immediate disturbance
of public order or tends to annoy or disturb any other person.
B.
Defecating or urinating in public places. It shall be unlawful for
any person to defecate or urinate, outside of designed sanitary facilities,
upon any sidewalk, street, alley, public parking lot, park, playground,
cemetery or other public area within the Village, or upon any private
property in open view of the public, or in the halls, stairways or
elevators of public or commercial buildings, or to indecently expose
his person.
It shall be unlawful for any person to possess a controlled
substance contrary to the Uniformed Controlled Substances Act, Chapter
961 of the Wisconsin Statutes.
It shall be unlawful for any person to fail to obey the direction
or order of a police officer while such police officer is acting in
an official capacity in carrying out his or her duties.
A.
It shall be unlawful for any person, except as provided in Subsection B hereof, to be present in, loiter or enter into any public school building, school parking lot or on any public school grounds without the permission of the school principal, custodian or other person in charge thereof between 7:30 a.m. and 4:30 p.m. on official school days.
B.
This section shall not apply to:
(1)
Students regularly enrolled in public schools who have not been properly
ordered by the school principal, custodian or other person in charge
thereof to leave the school building or school grounds;
(2)
Persons coming into the school building or school grounds for the
purpose of attending scheduled school or civic functions or making
use of the recreational facilities located upon or within school premises,
but as to such attendance or use, this exception shall apply only
to the portion of the premises on which such facilities are located
and during the hours such facilities are specifically open to the
general public or an invited portion thereof;
(3)
Parents or legal guardians of a regularly enrolled student. However,
such parent or legal guardians may be required to register at the
school office.
C.
The exceptions set forth in Subsection B shall not apply to any person who, while in school buildings or on school grounds, commits or attempts to commit any act prohibited by statute or ordinance.
D.
All entrances to the school buildings shall be posted with a notice
stating "Entry into School Building by Unauthorized Persons Prohibited."
All school grounds shall be posted with a notice stating "Entry Upon
School Grounds by Unauthorized Persons Prohibited."
[Added 7-1-2019 by Ord.
No. 2019-03[1]]
A.
Purpose. The Village Board has determined that bullying and harassment
are disruptive to fostering a safe environment in the Village; interfere
with the ability to succeed or excel in a safe environment; and interfere
with the ability to participate or benefit from programs, activities,
work sites and opportunities offered. Accordingly, the Village Board
finds that it is in the public interest to assure that every person
is valued and respected regardless of perceived differences and is
free from bullying, harassment and intimidation.
B.
BULLYING
COURSE OF CONDUCT
HARASSMENT
Definitions. As used in this section, the terms herein shall have
the following meanings unless the context clearly indicates a different
meaning:
A form of harassment defined as an intentional course of
conduct which is reasonably likely to intimidate, emotionally abuse,
slander, threaten or intimidate another person and which serves no
legitimate purpose.
A pattern of conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose.
Any conduct, whether verbal, physical, written, or by means
of any mode of communication, which:
C.
Bullying and harassment prohibited. It shall be unlawful for any
person to engage in any bullying or harassment of a person or induce
another person to engage in such bullying or harassment.
D.
Retaliation prohibited. No person shall retaliate against any person
who reports any conduct which is prohibited by this section.
E.
Constitutionally protected activity. This section shall not be construed
to apply to any constitutionally protected activity or speech.
F.
Parental responsibility. It shall be unlawful for any custodial parent or guardian of any unemancipated person under 18 years of age to allow or permit such person to violate the provisions of Subsection C or D above. The fact that prior to the present offense a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of Subsection C or D above by the same minor occurring within 90 days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
G.
Penalties.
(2)
In addition, any person who shall cause physical damage or destroy
any public property shall be liable for the costs of replacing or
repairing such damaged or destroyed property pursuant to § 943.01,
Wis. Stats. The parent of an unemancipated minor who violates § 943.01(1),
Wis. Stats., also may be liable for the costs of repairing such damaged
or destroyed property in accordance with § 895.035, Wis.
Stats.
