A.
Discharge of firearms regulated. No person, except an authorized
police officer, shall discharge any firearm within the City, provided
that the Council may issue permits to a duly organized gun club to
engage in target practice within the City at times and places designated
by the Chief of Police.[1]
B.
Hunting prohibited. Hunting within the City is prohibited, but the
Chief of Police may issue written permits to owners or occupants of
private premises to hunt or shoot on such premises if the Chief of
Police finds such privileges necessary for the protection of life
or property, and subject to such safeguards as he/she may impose for
the safety of the lives and property of other persons within the City
of Fox Lake.[2]
C.
Shooting ranges. This section shall not prevent the maintenance and
use of duly supervised rifle or pistol ranges or shooting galleries
approved by the Common Council, upon the recommendation of the Chief
of Police, where proper safety precautions are taken.
D.
Explosive devices. No person shall discharge or detonate any dynamite,
nitroglycerin or other explosive within the City without first obtaining
a permit to do so from the Common Council.
E.
Throwing or shooting of arrows, stones, or other missiles prohibited.
(1)
No person shall throw or shoot any object, arrow, stone, snowball
or other missile or projectile, by hand or by any other means, at
any person or at, in or into any building, street, sidewalk, alley,
highway, park, playground or other public place within the City.
F.
Definitions. For purposes of this section, "firearm" is defined as
any instrumentality from or with which a shot, bullet or pellet may
be discharged or expelled, regardless of whether the propelling force
is provided by air, spring or other similar mechanical device, or
gunpowder.
[Amended 11-2-2011[1]]
A.
CONTROLLED-ACCESS FACILITY
FIREARM
LAW ENFORCEMENT
Definitions.
The following definitions shall apply in the interpretation and the
enforcement of this section:
A facility or area that has designated entrances for ingress
and egress controlled by a door, gate, attendant or other means to
limit entry while the facility is open and can be locked or secured
when closed, or in the instance of temporary events of less than three
weeks, designated entrances may be either secured when closed or the
controlled-access facility removed at the termination of the temporary
event.
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.
B.
In addition
to the provisions of the Wisconsin Statutes 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 or other City officer or official designated by the City of
Fox Lake Chief of Police to enter any City-owned municipal building,
any and all enclosed park shelters, or any other controlled-access
facilities owned or operated by the City of Fox Lake, whether now
in existence or later constructed or leased, while carrying a weapon
or firearm.
C.
It shall
be unlawful for any person other than a law enforcement officer to
enter any building, facility, or location open to the public that
is posted as a no firearm or concealed weapons location while possessing,
carrying, or concealing a firearm or weapon, whether with or without
a state permit.
D.
Signs meeting
the requirements of § 943.13(2)(bm)1, Wis. Stats., shall
be posted in prominent places near public entrances of all buildings,
structures or locations that restrict or prohibit firearms or concealed
weapons.
E.
Licensed
premises selling alcohol.
(1)
Signs of at least five inches by seven inches in size shall be posted
in prominent places near public entrances to all licensed premises
selling alcohol for on-premises consumption to advise patrons that:
(2)
Licensees that prohibit all firearms and concealed weapons on the premises and post signs complying with Subsection D above shall be exempt from this requirement.
(3)
The City Clerk shall have signs meeting these requirements produced
and available for licensees. Licensees shall post such signs or signs
substantially similar of comparable size, font, and content.
No person shall sell, expose or offer for sale, use, keep, possess, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the City unless he/she shall be authorized by a fireworks permit as provided in Chapter 275, Fireworks, of this Code. 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 fireworks, rockets or similar missiles containing explosive fuel.
A.
Obstructing streets. No person shall obstruct, loiter, cause a nuisance
or engage in any sport or exercise on any public street, sidewalk,
bridge or public ground within the City of Fox Lake 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 or 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.
LOITER
NUISANCE
OBSTRUCT
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 sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the City of Fox Lake.
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 sidewalk.
Any sidewalk owned or maintained by the City. The term shall
not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
D.
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.
A.
Public property loitering prohibited.
(1)
No person shall loiter in or about any public street, public sidewalk,
street crossing, alley, bridge, public parking lot or other place
of assembly or public use after being requested to move by any law
enforcement officer.
(2)
Upon being requested to move, a person shall immediately comply with
such request by leaving the premises or area thereof at the time of
the request.
(3)
No person shall loiter in or about any toilet open to the public
for the purpose of engaging in or soliciting any lewd or lascivious
conduct or any unlawful act.
(4)
No person shall loiter in or about any school or public place at
or near which children or students attend or normally congregate.
As used in this subsection, "loiter" means to delay, to linger or
to idle in or about any said school or public place without a lawful
purpose for being present.
B.
Private property loitering prohibited.
(1)
No person shall loiter in or about any private premises or adjacent
doorways or entrances or upon private property held out for public
use, including but not limited to business or industry parking lots
or shopping malls, without invitation from the owner or occupant or
by any person in authority at such places. No person shall loiter
in or about the doorway, stairway, steps or entrance of any business
place or private residence without the expressed consent of the owner
thereof, or at any time other than usual business hours. Under this
subsection, "business place" shall include a public building at such
times that the same shall be closed for the usual and normal business
conducted thereat.
(2)
Upon being requested to move by any such person in authority or by
any law enforcement officer, a person shall immediately comply with
such request by leaving the premises or area thereof at the time of
the request.
(3)
No person shall sit, lie, or otherwise recline upon or against any
parked motor vehicle without the expressed consent of the owner thereof,
whether such is parked upon a public street, alley, parking lot, driveway
or private premises.
(4)
No person shall stand or loiter on any roadway other than in a safety
zone if such act interferes with the lawful movement of traffic.
C.
Loitering or prowling prohibited. 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 officer,
refuses to identify himself/herself or manifestly endeavors to conceal
himself/herself or any object. Unless flight by the person or other
circumstances make it impracticable, a law enforcement officer shall,
prior to any arrest for an offense under this subsection, afford the
person an opportunity to dispel any alarm which would otherwise be
warranted by requesting him/her to identify himself/herself and explain
his/her presence and conduct. No person shall be convicted of an offense
under this subsection if the law enforcement 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
officer at the time, would have dispelled the alarm.[1]
[1]
Editor's Note: Original § 11-2-6(d), Loitering by underage persons where alcohol beverage is dispensed, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 125.07, Wis. Stats., adopted by reference in § 314-1 of this Code.
E.
Soliciting.
(1)
No
person shall loiter in or near any thoroughfare or public area in
a manner and under circumstances manifesting the purpose of inducing,
enticing, soliciting or procuring another to commit an act of prostitution.
Among the circumstances which may be considered in determining whether
such purpose is manifested are: that such person is a known prostitute
or panderer or that such person repeatedly beckons to stop or attempts
to stop or engages male or female passersby in conversation or repeatedly
stops or attempts to stop motor vehicle operators by hailing, waving
of arms or any other bodily gesture. The violator's conduct must be
such as to demonstrate a specific intent to induce, entice, solicit
or procure another to commit an act of prostitution. No arrest shall
be made for a violation of this subsection unless the law enforcement
officer first affords such person an opportunity to explain such conduct,
and no one shall be convicted of violating this subsection if it appears
at trial that the explanation given was true and disclosed a lawful
purpose.[3]
(2)
KNOWN PROSTITUTE OR PANDERER
PUBLIC AREA
As
used in this subsection, the following terms shall have the meanings
indicated:
A person who, within five years previous to the date of arrest
for violation of this subsection, had, within the knowledge of the
sworn police officer, been convicted in any municipal court or circuit
court in the State of Wisconsin of an offense involving prostitution.
An area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles, whether moving or not, and buildings open to the general
public, including those which serve food or drink or provide entertainment,
and the doorway and entrance to buildings or dwellings and the grounds
enclosing them.
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. It shall be unlawful for any person knowingly
or wantonly to use or operate or to cause to be used or operated any
mechanical device, machine, apparatus or instrument for intensification
or amplification of the human voice or any sound or noise in any public
or private place in such manner that the peace and good order of the
neighborhood are disturbed or that persons owning, using or occupying
property in the neighborhood are disturbed or annoyed.
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 and 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 City for longer than three seconds in any period
of one minute or less, except as a danger warning; the creation of
any unreasonably 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 and similar devices. The using, operating or
permitting to be played, used or operated of 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.
The operation of any set, instrument, phonograph, machine 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 properly line of the building, structure or
vehicle in which it is located shall be prima facie evidence of a
violation of this section.
(3)
Loudspeakers; 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.
(4)
Animals and birds. The keeping of any animal or bird which causes
frequent or long-continued unnecessary noise.
(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 City
authorities.
(6)
Exhausts. The discharge into the open air of the exhaust of any steam
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 7:00 a.m. and 10:00
p.m. on weekdays; provided, however, that the Chief of Police 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 10:00 p.m. to 7:00 a.m.
(8)
Schools, courts, churches and 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 or court street. No person, while on public or private grounds
adjacent to any building or while within any building in which a school
or any class thereof is in session, shall willfully make or assist
in the making of any noise or diversion which disturbs or tends to
disturb the peace or good order and operation of such school session
or class thereof.
C.
Exceptions. The provisions of this section shall not apply to:
(1)
Any vehicle of the City while engaged in necessary public business.
(2)
Excavations or repairs of streets or other public construction by
or on behalf of the City, county, or state at night when public welfare
and convenience render it impossible to perform such work during the
day.
(3)
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in nature.
D.
Permits for amplifying devices.
(1)
Permit required. The use of loudspeakers or amplifying devices on
the streets or in the parks of the City of Fox Lake is prohibited
unless the party desiring to use such loudspeaker or amplifying device
first obtains a permit from the Chief of Police.
(2)
Revocation of permit. The Chief of Police shall have the authority
to revoke such permit when the Chief of Police 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. 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 10:00 p.m. No permit shall 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 City of Fox Lake
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.
(2)
Intentionally cause, provoke or engage in any fight, brawl, riot
or noisy altercation.
(3)
Indecently expose his or her person.
(4)
Be in any business or private structure, private vehicle or upon
any private grounds without the consent of the owner.
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 City, or upon any private
property in open view of the public, or in the halls, rooms without
rest room facilities, stairways or elevators of public or commercial
buildings.
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or other disciplinary
procedures excluding him from attending any school under the jurisdiction
of the Fox Lake Board of Education located within the City or any
person not a student presently enrolled or not an employee of such
school or not a parent or guardian of a student, or not an otherwise
authorized person, shall be present within any school building or
upon any school grounds without having first secured authorization
to be there from the principal or other person in charge of the school
building or school grounds, except while in direct route to secure
such authorization.
(2)
Any unauthorized person who shall come upon school property and refuse to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3)
"Authorized person" shall include:
(a)
Any person who is present at any school building or school grounds
for a purpose previously authorized by the school or its designee.
(b)
Any person transporting a student and who utilizes the driveway
specified for loading and unloading personnel.
(c)
Any person utilizing a designated area for attending an athletic
or other organized school event.
B.
Disorderly conduct on public school property.
(1)
No person shall, on any school property or building, engage in violent,
abusive, loud or otherwise disorderly conduct which causes or provokes
an immediate disturbance of public order or disturbs or annoys any
other person, nor shall a person intentionally engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
(2)
Nonstudents, students from schools other than the school on the property
or students from a school who are not in compliance with the school
system's published rules and regulations shall be considered in violation
of this section. The published rules and regulations of the school
system are incorporated as if fully set forth herein.
(3)
All entrances to the school buildings referred to in Subsection A shall be posted with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."
(4)
"Unauthorized presence" shall include any vehicle that is found on
school property which has not received permission to be there. If
the occupants or owners are not on school property for some legitimate
business or activity or are parked in an area that regulates parking
to certain authorized vehicles, they are in violation. Such vehicle
may be issued a City summons that regulates parking or may be towed
away at the direction of the school principal or person in charge
of such school building. Law enforcement officers may also have any
vehicle towed away which, because of its location, creates a hazard
to life or property.
C.
Loitering near school prohibited. No person not in official attendance
or on official school business shall enter into, congregate, loiter
or cause a nuisance in any public school building in the City of Fox
Lake or upon any school district grounds or within adjacent posted
school zones on any day when such schools are in session.
D.
Possession of intoxicating liquor and fermented malt beverages. No
person shall possess intoxicating liquor or fermented malt beverages
while on any school property.
E.
Minibikes and snowmobiles prohibited. It shall be unlawful to use
or operate minibikes, snowmobiles, or other off-road vehicles upon
any school grounds under the jurisdiction of the Fox Lake Board of
Education except upon or along such trails as may from time to time
be authorized by said Board of Education for such operation.
F.
LOITER
NUISANCE
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 sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the City of Fox Lake.
A.
Lawful orders. It shall be unlawful for any person to fail to obey
the direction or order of a law enforcement officer while such police
officer is acting in an official capacity in carrying out his or her
duties.
B.
Resisting or interfering with officer prohibited. It shall be unlawful
for any person to resist or in any way interfere with any police officer
or member of the Police Department or any person called to assist
such officer, or to threaten, resist or interfere with such officer
or person or to advise or encourage any other person to resist or
interfere with such officer or person in the discharge of his/her
duty, or to in any way interfere with or hinder or prevent him/her
from discharging his/her duty as such officer or assistant, or to
offer or endeavor to do so, or to in any manner assist any person
in the custody of any law enforcement officer to escape or to attempt
to escape from such custody, or to try to persuade any person to escape
from the custody of such officer, or to rescue or attempt to rescue
any person so in custody.[1]
A.
No person shall possess 25 grams or less of marijuana, as defined
in § 961.01, Wis. Stats., unless it was obtained directly
from, or pursuant to, a valid prescription or order of a practitioner
while acting in the course of his or her professional practice, or
except as otherwise authorized by Ch. 961, Wis. Stats.
C.
This section does not apply to any person who is charged with possession
of more than 25 grams of marijuana, or who is charged with possession
of any amount of marijuana following a conviction for possession of
any amount of marijuana, in the State of Wisconsin.
[Added 8-2-2005]
B.
Possession of drug paraphernalia prohibited. No person may use, or
possess with the primary 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.
No individual shall cross a police or fire line that has been
so designated by banner, signs or other similar identification.
A.
Harassment. No person, with intent to harass or intimidate another
person, shall do any of the following; each instance shall be considered
a separate violation:
B.
Harassing or obscene telephone calls. Whoever commits any of the following acts shall be subject to the general penalty as provided in § 1-4 of this Code of Ordinances:
(1)
Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent.
(2)
Makes a telephone call, whether or not conversation ensues, with
the intent to abuse, threaten or harass any person at the called number
or numbers.
(3)
Makes or causes the telephone of another repeatedly or continuously
to ring, with intent to harass any person at the called number or
numbers.
(4)
Makes repeated telephone calls, during which conversation ensues,
solely to harass any person at the called number or numbers.
(5)
Knowingly permits any telephone under his control to be used for
any purpose prohibited by this section.
(6)
In conspiracy or concerted action with other persons, makes repeated
calls or simultaneous calls solely to harass any person at the called
number or numbers.
No person shall have or permit on any premises owned or occupied
by him/her any open cisterns, cesspools, wells, unused basements,
excavations or other dangerous openings. All such places shall be
filled, securely covered or fenced in such manner as to prevent injury
to any person, and any cover shall be of a design, size and weight
that the same cannot be removed by small children.
