[Adopted at time of adoption of Code (see Ch. 25, Construction
and Effect of Ordinances, Art. II)]
A.
The provisions
of the following sections of the Wisconsin Statutes are hereby adopted
by reference and made a part of this article so far as applicable.
Whenever this article incorporates by reference specific sections
of the Wisconsin Statutes or generally refers to them, such reference
shall mean the Wisconsin Statutes as from time to time amended, repealed,
or modified by the Wisconsin Legislature.
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Wis. Stats. Section
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Description
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|---|---|---|---|
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(1)
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939.52
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Classification of forfeitures
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(2)
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939.61
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Penalty when none expressed
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(3)
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941.20
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Endangering safety by use of dangerous weapon
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(4)
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941.21
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Disarming a peace officer
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(5)
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941.23
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Carrying concealed weapon
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(6)
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941.235
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Carrying firearm in public building
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(7)
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941.237
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Carrying handgun where alcohol beverages may be sold and consumed
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(8)
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941.24
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Possession of switchblade knife
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(9)
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941.28
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Possession of short-barreled shotgun or short-barreled rifle
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(10)
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941.29
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Possession of a firearm
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(11)
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941.296
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Use or possession of a handgun and an armor-piercing bullet
during crime
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(12)
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941.2965
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Restrictions on use of facsimile firearms
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(13)
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941.297
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Sale or distribution of imitation firearms
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(14)
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943.01
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Damage to property
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(15)
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943.13
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Trespass to land
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(16)
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943.22
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Use of cheating tokens
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(17)
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943.225
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Refusal to pay for motor bus ride
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(18)
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943.45
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Theft of telecommunications service
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(19)
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943.455
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Theft of commercial mobile service
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(20)
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943.46
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Theft of video service
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(21)
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943.47
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Theft of satellite cable programming
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(22)
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943.55
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Removal of shopping cart
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(23)
|
944.21(3) and (4)
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Obscene material or performance
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(24)
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945.01
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Definitions (gambling)
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(25)
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945.02
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Gambling
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(26)
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945.04
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Permitting premises to be used for commercial gambling
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(27)
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947.012(2)
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Unlawful use of telephone
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(28)
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947.013(1m)
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Harassment
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(29)
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951.02
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Mistreating animals
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(30)
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951.025
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Decompression prohibited
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(31)
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951.03
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Dognapping and catnapping
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(32)
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951.04
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Leading animal from motor vehicle
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(33)
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951.05
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Transportation of animals
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(34)
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951.06
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Use of poisonous and controlled substances
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(35)
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951.07
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Use of certain devices prohibited
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(36)
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951.09
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Shooting at caged or staked animals
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(37)
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951.095
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Harassment of police and fire animals
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(38)
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951.10
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Sale of baby chicks, rabbits or other fowl
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(39)
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951.11
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Artificially colored animals; sale
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(40)
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951.13
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Providing proper food and drink to confined animals
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(41)
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951.14
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Providing proper shelter
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(42)
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951.15
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Abandoning animals
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A.
No person may sell, possess, use or transport any tear gas bomb,
canister, spray, or any other container of any kind or character into
which tear gas, mace, pepper mace or any similar substance is used
or placed for use to cause bodily discomfort, panic, or irritation
to any person or animal.
B.
This section does not apply to any law enforcement officer of the
Village, county, or state or any person duly authorized by the Calumet
County Sheriff.
No person shall throw or shoot any object, stone, snowball or
other missile or projectile, by hand or by any other means, at any
person or at, in or into any building, street, sidewalk, alley, highway,
park, playground or other public place within the Village of Sherwood.
No person shall stand, loiter, or congregate in any street or
upon any sidewalk, bridge, road, crossing or other public place so
as to obstruct the same, or hinder, prevent or annoy persons passing
or attempting or desiring to pass therein or thereupon or into or
out of any building, private or public, nor shall any person make
remarks, gestures, noises, signs or the like to disturb, annoy or
insult any person being upon or passing along any street, sidewalk,
building, crossing or other public carrier, provided that this section
shall not apply to acts made lawful by statutes.
A.
No person shall, within the Village of Sherwood:
(1)
In any
public or private place, engage in violent, 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 disturb or annoy any other person or persons.
(2)
Intentionally
cause, provoke, or engage in any fight, brawl, riot, or noisy altercation
other than a bona fide athletic contest.
B.
Defecating or urinating in public places. It shall be unlawful for
any person to defecate or urinate outside of designated 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, rooms without
restroom facilities, stairways or elevators of public or commercial
buildings, or to indecently expose his/her person.
See § 7-14, Loud and unnecessary noise, of this Code.
No person shall give, send or cause to be given or sent in any
manner any alarm of fire which he knows to be false.
A.
FALSE ALARM
PRIVATE ALARM SYSTEM
USER
Definitions. For purposes of this section, the following definitions
shall apply:
Any activation of a private alarm system because of human,
mechanical, lack of maintenance, negligent or electrical error.
Any system designed to detect and/or extinguish a fire, including
but not limited to heat detectors, smoke detectors, sprinklers/standpipe
systems, etc. "Private alarm system" is also defined as any system
which elicits a response by the Sheriff's Department for a crime in
progress or any unauthorized entry.
The owner and/or occupants of any building.
B.
Equipment and testing. All private alarm systems located in the Village
of Sherwood shall comply with the following requirements as to equipment
and testing:
(1)
No person shall sell, use or install a private alarm system which,
upon activation, emits a sound the same as or similar to emergency
vehicle sirens or civil defense sirens.
(2)
No person, firm or corporation shall use or cause to be used any
telephone or electronic device or attachment that automatically selects
a public primary telephone trunk line of the Sheriff's Department,
Fire Department or any other department of the Village of Sherwood
and then reproduces any prerecorded message to report any burglary
or other emergency.
(3)
All alarm systems shall be regularly tested, inspected and maintained
in accordance with the manufacturer's recommendations, to ensure that
such equipment is in proper operating condition. This process shall
occur at least annually, irrespective of manufacturer's recommendations
which may dictate otherwise.
(4)
No alarm system designed to transmit emergency messages directly
to the Calumet County 911 communications center shall be tested or
demonstrated without first notifying the Calumet County 911 communications
center.
D.
False alarms to Sheriff's Department. Section 66.0627, Wis. Stats.,
provides that the Village Board may impose special charges for current
services rendered by allocating all or a part of the cost to the property
served. Furthermore, any delinquent special charge shall become a
lien on the property against which it is levied. Therefore, all users
of private alarm systems in the Village of Sherwood shall be subject
to the following:
(1)
The user of any private alarm system which, upon activation, elicits a response from the Calumet County Sheriff's Department, which is a false alarm, shall be subject to a penalty as prescribed in Chapter 40, Fees and Penalties, of this Code for each false alarm per any twelve-month period.
(2)
All penalties described above shall be a special charge pursuant to § 66.0627, Wis. Stats. All assessed penalties (i.e., special charges) pursuant to this section shall be a lien on the property of the building owner pursuant to §§ 66.0703(13) and 66.0627, Wis. Stats. All assessed penalties shall be paid in full within 30 days of receipt of notice of the penalty amount. Any penalties payable to the Village which are delinquent shall accrue simple interest per annum at a rate as prescribed in Chapter 40, Fees and Penalties, of this Code.
(3)
Any property owner receiving a special charge for penalties as described
above shall have the right to request a review of the special charge
penalty before the Village Board of Trustees, provided that the owner
files a written petition for review with the Village Clerk-Treasurer
on or before 10 days after receiving notice of the special charge
penalty. The matter shall then be scheduled at the next Village Board
meeting, and the Village Board of Trustees shall have the discretion
to uphold the special charge penalty or modify it as the Village Board
so desires, and the Village Clerk-Treasurer shall notify the owner
of the Village Board's decision in writing. Any property owner shall
have the right to appeal the Village Board decision, provided that
a written petition for appeal is filed within 30 days of receipt of
the written final determination of the Village Board by a writ of
certiorari directed to the Circuit Court of Calumet County.
(4)
All penalties described above shall not be imposed when an unauthorized
person is on the premises or was seen leaving the premises immediately
before the alarm was activated or fresh evidence of a forceful entry
or attempted forceful entry is present. Furthermore, all penalties
described above shall not be imposed if it can be determined that
the alarm was activated by violent weather conditions or other natural
catastrophes which caused physical damage to the structure, damage
to power or telephone wires leading to the structure, or loss of power
for more than two hours.
(5)
All penalties described hereinabove shall be imposed whether the
Calumet County Sheriff's Department receives notification of the alarm
directly or indirectly.
No person shall, within the Village, loiter or loaf about any
public building, place or premises or wander about the streets, alleys,
parks or other public places either by day or night, whose actions
give rise to a suspicion of wrongdoing and who is unable to give a
satisfactory account of himself, or who, having the physical ability
to work, is without any visible means of support and does not seek
employment or who derives part of his support from begging, prostitution,
pandering, fortune telling or as a similar impostor.
A.
No person shall intentionally cause damage to any physical property of another without his consent. Violation of this subsection shall be subject to a fine as provided in § 4-30 of this article.
B.
Any person violating Subsection A under the following circumstances shall be punishable as prescribed in Chapter 40, Fees and Penalties, of this Code:
(1)
The property damaged is a vehicle or highway, and the damage is of
a kind which is likely to cause injury to a person or further property
damage.
(2)
The property damaged belongs to a public utility or common carrier,
and the damage is of a kind which is likely to impair the services
of the public utility or common carrier.
C.
If the total property damaged in violation of this section is reduced in value by a predetermined amount, the person may be punishable as prescribed in Chapter 40, Fees and Penalties, of this Code. For the purposes of this subsection, property is reduced in value by the amount which it would cost either to repair or replace it, whichever is less.
D.
Where more than one item of property is damaged pursuant to a single
intent and design, the damage to all the property may be prosecuted
as a single violation.
E.
In any case of damage involving more than one act of damage but prosecuted
as a single violation, it is sufficient to allege generally damage
to property committed between certain dates. On the trial, evidence
may be given of any such damage committed on or between the dates
alleged.
No person shall throw any glass, rubbish, waste or filth upon
the streets, alleys, highways, public parks or other property of the
Village or upon any private property not owned by him or upon the
surface of any body of water within the Village.
No person shall climb, lay or sit upon the motor vehicle of
another person without permission from the owner or person in charge
of such vehicle while such vehicle is parked or standing upon the
public streets, public parking lots or other public area of the Village.
A.
No person shall, without reasonable excuse or justification, resist
or in any way interfere with any officer of the Village while such
officer is doing any act in his official capacity and with lawful
authority.
B.
No person shall knowingly resist or obstruct an officer of the Village
while such officer is doing any act in his official capacity and with
lawful authority. "Obstruct" includes, without limitation, knowingly
giving false information to the officer with intent to mislead him
in the performance of his duty, including the service of any summons
or civil process.
C.
No person shall fail or refuse to comply with any lawful order, signal,
or direction of an officer. "Lawful order" includes a fifteen-day
vehicle equipment violation notice.
D.
In this section, "officer" means a peace officer according to § 939.22,
Wis. Stats., or other public officer or public employee having the
authority by virtue of his office or employment to take another into
custody.
E.
Whoever by violating this section hinders, delays or prevents an
officer from properly serving or executing any summons or civil process
is civilly liable to the person injured for any actual loss caused
thereby and to the officer or his superior for any damages adjudged
against either of them by reason thereof.
No person shall intentionally aid any prisoner or person to
escape from the lawful custody of the Calumet County Sheriff or other
officer of the Village.
A.
Prohibited acts. All provisions of §§ 943.20 and 943.21,
Wis. Stats., are incorporated herein at length by reference and made
a part of the Village of Sherwood Municipal Code as a local Village
of Sherwood ordinance.
A.
No person shall take and carry away, use, transfer, conceal, alter
indicia of price or value, or retain possession of moveable property
of another, the value of which does not exceed $50, without his consent
and with the intent to deprive the owner permanently of possession,
or the full purchase price, of such property.
B.
The intentional concealment of unpurchased merchandise which continues
from one floor to another or beyond the last station for receiving
payments in a merchant's store is evidence of intent to deprive the
merchant permanently of possession of such merchandise without paying
the purchase price thereof. The discovery of unpurchased merchandise
concealed upon the person or among the belongings of such person or
concealed by a person upon the person or among the belongings of another
is evidence of intentional concealment on the part of the person so
concealing such goods.
C.
A merchant or merchant's adult employee who has probable cause for
believing that a person has violated this section in his presence
may detain such person in a reasonable manner for a reasonable length
of time to deliver him to a peace officer, or to his parent or guardian
in the case of a minor. The detained person must be promptly informed
of the purpose for the detention and be permitted to make phone calls,
but he shall not be interrogated or searched against his will before
the arrival of a peace officer who may conduct a lawful interrogation
of the accused person. Compliance with this subsection entitles the
merchant or his employee effecting the detention to the same defense
in any action as is available to a peace officer making an arrest
in the line of duty.
A.
No person shall do any of the following, or he may be fined pursuant to § 4-30 of this article:
(1)
Enter any enclosed or cultivated land of another with intent to catch
or kill any birds, animals, or fish on such land or gather any products
of the soil without the express or implied consent of the owner or
occupant to engage in any of those activities.
(2)
Enter or remain on any land of another after having been notified
by the owner or occupant not to enter or remain on said premises.
(3)
Hunt, shoot, fish or gather any product of the soil on the premises
of another, or enter said premises with intent to do any of the foregoing
after having been notified by the owner or occupant not to do so.
(4)
Enter any enclosed or cultivated land of another with a vehicle of
any kind without the express or implied consent of the owner or occupant.
B.
A person has received notice from the owner or occupant within the
meaning of this section if he has been notified personally, either
orally or in writing, or if the land is posted. For land to be posted,
a sign at least 11 inches square must be placed in at least two conspicuous
places for every 40 acres to be protected. The sign must carry an
appropriate notice and the name of the person giving the notice followed
by the word "owner" if the person giving the notice is the holder
of legal title to the land and by the word "occupant" if the person
giving the notice is not the holder of legal title but is a lawful
occupant of the land. Proof that appropriate signs as herein provided
were erected or in existence upon the premises to be protected within
six months prior to the event complained of shall be prima facie proof
that the premises to be protected were posted as herein provided.
C.
Whoever erects on the land of another signs which are the same as or similar to those described in Subsection B without obtaining the express consent of the lawful occupant of or holder of legal title to such land may be fined under this section.
D.
Nothing in this section shall prohibit a representative of a labor
union from conferring with any employee, provided that such conference
is conducted in the living quarters of the employee and with the consent
of the employee occupants.
E.
Any authorized occupant of employer-provided housing shall have the
right to decide who may enter, confer and visit with him in the housing
area he occupies.
A.
Adoption of state law. All provisions of Ch. 961 of the Wisconsin
Statutes, the Uniform Controlled Substances Act, are incorporated
herein at length by reference and made a part of the Village of Sherwood
Municipal Code as a local Village of Sherwood ordinance.
B.
Controlled substances. It shall be unlawful for any person to possess
a controlled substance contrary to the Uniform Controlled Substances
Act, Ch. 961 of the Wisconsin Statutes.
C.
Possession of marijuana. No person shall possess any amount of marijuana,
tetrahydrocannabinol 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.
D.
Drug paraphernalia. All provisions of the Uniform Controlled Substances
Act concerning drug paraphernalia (§§ 961.571 to 961.577,
Wis. Stats.) are incorporated herein at length by reference and made
a part of the Village of Sherwood Municipal Code as a local Village
of Sherwood ordinance.
E.
Synthetic cannabinoid prohibited.
(1)
No person shall possess a controlled substance specified in § 961.14(4)(tb),
Wis. Stats.
(2)
Medical or dental use allowed. Acts otherwise prohibited under Subsection E(1) shall not be unlawful if done by or under the direction or prescription of a physician, dentist, or other medical health professional, licensed by the State of Wisconsin, provided that such use is permitted under Wisconsin and federal laws.
F.
Penalty. Any person violating Subsection C, Possession of marijuana, Subsection D, Drug paraphernalia, and Subsection E, Synthetic cannabinoid prohibited, shall be punishable as prescribed in Chapter 40, Fees and Penalties, of this Code. Each day of a violation of either Subsection C, D or E shall be considered a separate offense. With the exception of the above-described penalties for possession of marijuana and drug paraphernalia, all other penalties, fines and forfeitures for all other substances and violations set forth in the Uniform Controlled Substances Act, Ch. 961 of the Wisconsin Statutes, shall apply.
