Chapter 263 Peace and Good Order

No person except a sheriff, constable, police officer, or their deputies or any citizen lawfully defending life or property shall fire or discharge any firearm (as defined by Wisconsin Statutes) or spring or air gun of any description within the City except as herein provided. This section shall not prevent the maintenance and use of a licensed rifle or pistol range, shooting gallery or trap/skeet range authorized by the Common Council.

The firing or discharging of devices which propel a projectile by means of spring, air or gas pressure, including but not limited to BB and pellet guns, and airsoft guns, is permitted only upon private premises by persons who are over 14 years of age or are under direct personal supervision of a parent or guardian.

The transporting, firing, or discharging of shotguns is limited to:

The hunting seasons and regulations as provided by the Department of Natural Resources of the State of Wisconsin on land that is owned or rented, or with the landowner's or renter's consent, or on lands open to the public for hunting.

Open bodies of water, provided that no shot shall be caused to be propelled into an area of habitable buildings or building and provided that no shotgun shall be discharged on the shoreline or within posted areas on Little Muskego Lake.

Any person owning or renting land in the City who raises crops from such land and operates the same for farm purposes or any person who is under his direct supervision and control, for the purposes of destroying birds and animals doing damage to his crops or for the control of rodents, but in no case closer than 300 feet to any federal, state or county highway or City street or park, church, municipal or school grounds, or any other private dwellings.

Any person may, on his own property or with the consent of an owner thereof, discharge a shotgun provided he is more than 300 feet from any dwelling; federal, state, county, or City highway; or park, church, or municipal or school property.

Gun salutes, using blank cartridges, at a special function at a parade, program or funeral are permitted.

Regulations for licensed target shooting, archery range, trap and skeet shooting, and shooting galleries.

License required. No premises shall be used or permitted to be used as a shooting gallery, archery range, or place to practice target shooting or for trap or skeet shooting without being licensed by the Common Council.

License fee. The license fee for commercial shooting galleries, archery ranges, and places for target shooting shall be as established from time to time by resolution of the Common Council. The license shall expire on June 30 after the granting thereof, unless sooner revoked.

[Amended 2-20-1997 by Ord. No. 914]

License for corporations, etc. No corporation, firm, association, or club shall be granted a license hereunder except to an agent thereof first duly appointed by it who is, at the time of filing said application, an officer, manager or member thereof, and a citizen of the United States, and who shall have had executed to him written delegation, full authority, and control of the premises described in his license and of the conduct of all business and acts thereon, and who shall, with respect to his qualifications, be satisfactory to the Common Council. Such agent shall be personally responsible for compliance with all the terms and provisions of this section. If such appointed agent shall, during any license year, cease to be an officer, manager or member of any corporation, firm, association, or club on whose behalf said license was issued, a new license shall be required and application therefor shall be forthwith made pursuant to the terms and provisions of this section.

Licenses for individuals. No individual shall be granted a license hereunder unless he shall have been, at the time of filing of said application, a citizen of the United States and have qualifications satisfactory to and receive the approval of the Common Council.

Application for license; hours of operation.

Application for a license for any premises required to be licensed hereunder shall be made in writing and accompanied by the license fee. Said application shall contain the following information:

Name of applicant (state whether a firm, association, corporation, club, or individual).

Address of applicant.

If applicant is an individual, state age.

If applicant is not an individual, state name and address of all officers.

(e)

Location and description of premises sought to be licensed.

(f)

Statement as to whether said premises is owned or leased by applicant.

(g)

Qualifications of applicant.

(h)

Name of agent or applicant to whom license shall be issued.

(i)

Furnish proof of appointment of agent.

(j)

Qualifications of agent.

No application shall be submitted to the Common Council unless said application shall have been approved by the Finance Committee and the Building Inspector.

[Amended 6-26-2018 by Ord. No. 1418]

§ 263-3 Throwing or shooting of arrows, stones and other missiles.

No target, trap, or skeet shooting shall be conducted between the hours of 11:00 p.m. and 6:00 a.m., unless specifically authorized by the Common Council for special occasions such as skeet shoot contests, etc.

[Amended 11-13-1984 by Ord. No. 503; 6-26-2018 by Ord. No. 1418]

[Amended 8-5-2004 by Ord. No. 1176]

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.

This section does not prohibit the throwing of snowballs or use of paintball, airsoft, or other such objects with the mutual consent of the parties involved in such activities, and with other conditions as may be required by ordinance.

§ 263-4 Fireworks.

[Amended 3-20-1997 by Ord. No. 912; 2-12-2013 by Ord. No. 1367; 2-5-2015 by Ord. No. 1394; 6-26-2018 by Ord. No. 1418; 8-28-2018 by Ord. No. 1420; 10-9-2018 by Ord. No. 1421]

State law adopted. The current and future statutory provisions of § 167.10, Wis. Stats., regulating the sale and use of fireworks, except insofar as this section is more restrictive as to use, exclusive of any provision therein relating to penalties, are hereby adopted by reference and made part of this section as though fully set forth herein. Any future additions, amendments, revisions or modifications of § 167.10, Wis. Stats., incorporated herein are intended to be made a part of this section, except insofar as this section is more restrictive as to use.

Sale of fireworks.

The sale of fireworks, as that term is defined in § 167.10(1), Wis. Stats., is prohibited within the City of Muskego.

The sale of those items defined in § 167.10(1)(e), (f), (i), (j), (k), (l), (m) and (n), Wis. Stats., shall only be allowed after the seller of those items has been issued a license by the City of Muskego for that purpose. The license shall be issued pursuant to the provisions of Chapter 267, Peddlers, Solicitors and Transient Merchants, of the City Code, and the provisions, procedures and conditions of that chapter shall apply, with the exception of the license fee. The fee for a license issued under this section shall be a daily fee or an annual license fee established by resolution of the Common Council to compensate for investigating and monitoring sellers and enforcing the provisions of this section.

Use of fireworks.

Prohibited without a permit. The use of fireworks, as that term is defined in § 167.10(1), Wis. Stats., is prohibited in the City of Muskego unless the fireworks are used pursuant to a group user permit or individual user permit issued by the City of Muskego according to the provisions of § 167.10(3), Wis. Stats., and all of the requirements and limitations of this section.

Group user permit. A group user fireworks discharge permit application may be made by a public authority, a fair association, an amusement park, a park board, a civic organization, corporate entities located in the City, a group of individuals that are all residents of the City of Muskego, or an agricultural producer for the protection of crops from predatory birds or animals. Such application may be made pursuant to § 167.10(3)(c), Wis. Stats., and shall be subject to all terms of this section. In the interest of neighboring property owners, for group users, a pyrotechnic professional must discharge the fireworks and shall obtain liability insurance naming the City of Muskego as an additional insured and provide separate written endorsements to the insurance policy as requested and approved by the City Attorney in the amount of $1,000,000 for bodily injury to one person, $2,000,000 for injury to more than one person, and $1,000,000 for damage to property. A certificate of insurance along with the required endorsements in a form approved by the City Attorney shall be provided prior to the discharge of any fireworks, evidencing all of the required insurance coverage. The application must specify the name and address of the requested permit holder, the date on and after which fireworks may be purchased, the general kind and approximate quantity of fireworks which may be purchased, the date and location of the proposed use, and the name, address and telephone number for the pyrotechnic professional that will discharge the fireworks. If the application is from a group of individuals, the group must have permission from the owner of the property where the fireworks will be discharged. A group user permit shall only be granted for a one-time event per calendar year. In the event that a fireworks show is cancelled due to weather conditions, the group user permit is valid for the next calendar day only.

Individual user permit. An individual user fireworks discharge permit application may be made by any owner and resident of real property in the City of Muskego for intended discharge on such applicant's property. Such application may be made pursuant to § 167.10(3)(c), Wis. Stats., and shall be subject to all applicable terms of this section. Such use is restricted to the following dates: July 3, 4, or 5 each year, subject to the following. If the 4th of July falls on a Monday or Tuesday, the Saturday before will be allowed. If the 4th of July falls on a Wednesday or Thursday, the Saturday after will be allowed. The application must specify the name and address of the requested permit holder, the date on and after which fireworks may be purchased, the general kind and approximate quantity of fireworks which may be purchased, the date and location of the proposed use, and the name, address and telephone number for the individual responsible for the discharge of fireworks. In the interest of neighboring property owners, the applicant must further provide to the City proof of homeowner's liability insurance covering the applicant in the case of personal injury or property damage that occurs as a result of the discharge of fireworks. All permit applications under this subsection must be filed between May 1 and June 30, unless earlier submission is required to allow for Public Works and Safety Committee review pursuant to Subsection C(4)(h).

Restrictions and limitations. In addition to all other requirements of this section and applicable state laws, any use of fireworks shall be subject to the following requirements:

Wind velocity. Wind velocity at the time of use shall not be more than 15 miles per hour as recorded by the United States Weather Bureau, Milwaukee, Wisconsin.

Wind direction. Wind direction at the time of use shall be away from buildings or other combustible materials and structures and shall not carry fireworks onto any adjoining buildings or cause annoyance or danger to other persons or property.

Distance. All fireworks must be discharged at a minimum of 25 feet away from any combustible material.

§ 263-6 Loud and unnecessary noise; operation of vehicles.

Fire prevention. Sufficient firefighting implements and personnel shall be available at the scene to control any fire that may be caused by the fireworks.

(e)

Hours. Fireworks may only be used between 4:00 p.m. and 11:00 p.m.

(f)

Responsibility on permitted property. For property that is subject to a fireworks permit, only the individual or professional designated on the permit application may discharge fireworks. Such individual or professional is responsible, in case of a violation, jointly and severally with the permit holder and property owner, and any or all of these parties may be cited for the violation.

(g)

Responsibility on nonpermitted property. For property that is not permitted for the discharge of fireworks, if fireworks are discharged the actual person that caused the illegal discharge is responsible for the violation if such person is identified to the City's satisfaction. If the City cannot determine to its satisfaction the actual person that caused the illegal discharge, the owner or occupant of the property where the discharge occurred will be presumed to have caused the discharge or to have aided or abetted the discharge and shall be held responsible for the illegal discharge and may be cited for the violation. Such presumption may be rebutted only by credible evidence to show that the owner or occupant of the property had no knowledge of the fireworks being on the property at any time prior to the discharge and that the owner or occupant of the property fully cooperated with the City in trying to identify the actual person who caused the illegal discharge. If the actual person that caused the illegal discharge is a minor child, the parents of the minor child shall be held responsible along with the minor child and may be cited for the violation.

(h)

Public Works and Safety Committee review. The City of Muskego Public Works and Safety Committee shall review certain fireworks permit applications. This review applies when the application includes an applicant, property owner, or person designated to discharge fireworks who has been convicted of any citation issued under this section in the prior year, or was the subject of a written complaint filed with the City within one week of a permitted fireworks discharge in the prior year, or was issued a written warning from the City Police Department for a fireworks discharge violation in the prior year. For individual permit applications subject to this Public Works and Safety Committee review requirement, the applications must be submitted after April 1 and prior to May 1 of the year in which discharge is intended, to allow for this review. For group permit applications subject to this requirement, the applications must be submitted at least 30 days prior to the requested event, to allow for this review. The failure of an applicant that is subject to this Public Works and Safety Committee review requirement to submit his or its application in a timely manner, or to appear before the Committee, will result in the application for a permit being denied.

(i)

No sale. No person in the possession of fireworks pursuant to this section may resell those fireworks in the City of Muskego.

(j)

Permit availability. The permit the City issues for the use of fireworks must be made available upon request of a police officer. In accordance with state statute, a copy of a permit shall be given to the municipal fire and law enforcement officials at least two days before the date of authorized use, and the Clerk is responsible for doing so.

(k)

Fee. A fee for said permit shall be established from time to time by resolution of the City of Muskego Common Council and must be submitted at the time of application.

(l)

Temporary ban. The Mayor, upon recommendation of the Fire Chief because of extreme dryness or drought, may in the Mayor's discretion declare a temporary ban on fireworks. No fireworks may be discharged during a declared ban. Any permit which would otherwise allow discharge on a date during such ban is automatically revoked, subject to the following. Such permittee may apply for a new discharge date after the ban is lifted without incurring a new fee. For individual user permits, if any of the possible discharge dates of Subsection C(3) are during the ban, the Common Council shall have the authority, but not the obligation, to establish additional discharge dates which would apply only to those permittees who were not able to discharge fireworks on their permitted dates due to the ban.

(m)

Acceptance of risk. All fireworks discharge permits issued in the City are issued subject to the possibility that discharge may be prohibited, even if the permit is issued, due to the restrictions and limitations of this section. All applicants accept this risk and shall be solely responsible for all consequences of the same, by their submittal of the application.

Seizure and destruction of fireworks. In addition to and not to the prejudice or exclusion of such other penalties and remedies as may apply, fireworks stored, handled, sold, possessed or used by a person who violates the terms of this section may be seized and held as evidence of the violation. In the event a person is convicted of violating this section, all fireworks seized shall be destroyed pursuant to the provisions of § 167.10(8)(b), Wis. Stats., and any license or permit issued to the person under this section shall be revoked.

§ 263-5 Obstructing free passage.

No person shall stand, sit, loaf, or loiter or engage in any sport or exercise on any public street, sidewalk, bridge, or public ground within the City 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.

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.

Operation of motor vehicles. It shall be a violation of this section for a person 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.

No person shall operate a motor- or power-driven vehicle, including but not limited to motorcycles, minibikes, go-carts, all-terrain vehicles or other power-driven vehicles, off public streets or highways where the operation of the vehicle causes substantial interference to neighboring property owners of the use and enjoyment of their premises. For the purpose of this subsection, "substantial interference" means interference which is more than a slight inconvenience or petty annoyance. For the purpose of determining whether the interference is substantial, the frequency of the activity, the failure of the operator to reasonably accommodate the objections of neighbors once those have been communicated to the operator, and whether ordinary persons living in the City of Muskego would regard the interference as offensive, annoying or intolerable, as determined based on the general standards of ordinary persons in the community and not based on the standards of persons who are more sensitive than ordinary persons to such activity, shall be considered.

[Added 1-19-2012 by Ord. No. 1347]

No person shall operate construction or excavation equipment between the hours of sunset and 7:00 a.m. Monday through Friday, between the hours of sunset and 8:00 a.m. on Saturday, and between the hours of sunset and 10:00 a.m. on Sunday if the noise from such equipment would tend to unreasonably disturb or annoy anyone living in the vicinity of the construction or excavation site. The requirements of this subsection may be waived or modified by the Mayor or Common Council if in the opinion of the Mayor or Common Council extraordinary circumstances make it necessary for the overall public welfare to waive or modify the time limits of this subsection. If the waiver or modification is granted by the Mayor, the Common Council may modify or overrule the same by a two-thirds vote of all the members of the Common Council.

[Added 7-22-1993 by Ord. No. 801; amended 2-1-1996 by Ord. No. 885]

§ 263-7 False alarms. [1]

No person shall give or send or cause to be given or sent in any manner any alarm of fire or other emergency which he knows to be false.

§ 263-10 Littering and refuse disposal; animal waste.

Editor's Note: See also Ch. 129, Alarm Systems.

§ 263-8 Obedience to officers.

No person shall resist or in any way interfere with any officer of the City while such officer is doing any act in his official capacity and with lawful authority or shall refuse to assist an officer in carrying out his duties when so requested by the officer.

§ 263-9 Loitering.

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 the appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances make it impracticable, a police officer shall, prior to any arrest for an offense under this section, afford the person any opportunity to dispel any alarm which would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct. No person shall be convicted of an offense under this section if the police 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 officer at the time, would have dispelled the alarm.

[Amended 2-21-1991 by Ord. No. 707]

Obstruction of highway by loitering. No person shall obstruct any street, bridge, sidewalk, or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.

Obstruction of traffic by loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossings, or bridges or in any other public places within the City in such manner as to prevent, interfere with or obstruct the ordinary free use of any said public streets, sidewalks, alleys, street crossings, and bridges or other public places by persons passing along and over the same.

Loitering after being requested to move. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks, or adjacent doorways or entrances, street crossings, or bridges or in any other public place or on any private premises without invitation from the owner or occupant, after being requested to move by any police officer or by any person in authority at such places.

Loitering in public places. No person shall loiter, lounge or loaf in or about any depot, theater, dance hall, restaurant, store, public sidewalk, public parking lot, or other place of assembly or public use after being requested to move by any police officer, proprietor of the place of business, or by any person in authority at such place. Upon being requested to move, a person must immediately comply with such request by leaving the premises or area thereof at the time of the request.

[Amended 3-19-1992 by Ord. No. 745]

No person shall throw any glass, refuse, waste materials of any kind, filth or other litter upon the streets, alleys, highways, public parks or other property of the City or upon any private property or upon the surface of any body of water within the City.

No person shall allow any dog or cat which belongs to him or which is within his supervision or control to deposit any fecal material upon any public or private property, other than the person's own property, unless that person immediately removes all such fecal material and deposits the same in an appropriate receptacle. Notwithstanding any other penalty provisions contained in this Code, the penalty for violation of this subsection shall be $50 for a first offense, $100 for a second offense, and $200 for a third or subsequent offense, together with the costs of prosecution. This subsection shall not apply to a person using a service animal as defined in § 106.52(1)(fm), Wis. Stats., who is not able to comply due to a disability.

[Amended 3-4-1993 by Ord. No. 789[1]]

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

Placement of refuse on property of another.

[Added 12-8-1992 by Ord. No. 774]

No person may place any material, junk, garbage or trash on any public or private property or in any garbage can, dumpster or other type of trash container not his own without the consent of the owner.

Notwithstanding any other penalty provisions contained in this Code, the penalty for violation of Subsection C(1) shall be $50 for a first offense, $100 for a second offense, and $200 for a third or subsequent offense, together with the costs of prosecution.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 9.10, Storage of junk, etc., regulated, which immediately followed this section, was repealed 4-10-1984 by Ord. No. 488.

§ 263-11 Animals and fowl not to run at large. [1]

No person having in his possession or under his control any animal or fowl shall allow the same to run at large within the City, except domesticated animals and fowl may run at large on property zoned as agricultural under Chapter 400, Zoning, of the City Code.

§ 263-12 Open cisterns, wells, basements or other dangerous openings.

Editor's Note: See also Ch. 140, Animals.

No person shall have or permit on any premises owned or occupied by him 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.

§ 263-13 Abandoned or unattended refrigerators and containers.

No person shall leave or permit to remain outside of any dwelling, building, or other structure, or within any unoccupied or abandoned building, dwelling, or other structure under his control in a place accessible to children, any abandoned, unattended, or discarded icebox, refrigerator, or other container which has an airtight door or lid, snap lock, or other locking device which may not be released from the inside without first removing said door or lid, snap lock, or other locking device from said icebox, refrigerator, or container, unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.[1]

§ 263-15 Minors on streets and in public places; loitering on or near school property.

Editor's Note: Original § 9.14, Open fires restricted, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 191, Art. II, Outdoor and Refuse Burning. Section 9.14 was amended 6-18-1992 by Ord. No. 755, 1-18-2001 by Ord. No. 1051, 3-8-2012 by Ord. No. 1348 and 11-1-2012 by Ord. No. 1364.

§ 263-14 Assisting escape of prisoner.

No person shall intentionally aid any prisoner or person to escape from the lawful custody of a police officer or peace officer of the City.

[Added 9-9-1968 by Ord. No. 110]

Loitering of minors prohibited. No person under the age of 17 years shall congregate, loiter, wander, stroll, stand, or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots or any public places in the City of Muskego, either on foot or in or upon any conveyance being driven or parked thereon, between the hours of 11:00 p.m. and 5:00 a.m. of the following day, official City time, unless accompanied by his or her parent, guardian, or other adult person having his or her care, custody, or control.

Loitering in or near school.

[Amended 2-21-1991 by Ord. No. 707[1]]

Subject to the exceptions in Subsection B(2), no person not in official school attendance or on official school business shall enter into, congregate, loiter, stand or play in or about any school building or school property or within 200 feet of school property between 6:30 a.m. and 5:00 p.m. on any day when schools are in session.

Subsection B(1) of this section shall not apply to the following:

A person on private property located within 200 feet of school property who has permission from the owner to be on the property.

A person, not in official school attendance, in a City park within 200 feet of school property.

A person on, about or within 200 feet of school property who is there with school authorization.

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

Responsibility of parents. No parent, guardian, or other adult person having the care and custody of a person under the age of 17 years shall suffer or permit or by inefficient control allow such person to congregate, loiter, wander, stroll, stand, or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots or any public places in the City between the hours of 11:00 p.m. and 5:00 a.m. of the following day, official City time, unless said person under the age of 17 is accompanied by his or her parent, guardian, or other adult person having his or her care, custody, or control, provided that any parent, guardian, or other adult person herein who shall have made a missing person notification to the Police Department shall not be considered to have suffered or permitted any person to be in violation of the herein mentioned provisions of this section.

Responsibility of operators of places of amusement. No person, firm or corporation operating places of amusement or entertainment, or any agent, servant, or employee of any such person, firm, or corporation, shall permit any person under the age of 17 years to enter or remain in such places of amusement or entertainment during the hours prohibited in this section unless such person is accompanied by his or her parent, guardian, or other adult person having his or her care, custody, or control.

Responsibility of hotels, motels, and rooming houses. No person, firm, or corporation operating a hotel, motel, or lodging or rooming house, or any agent or servant or employee of any such person, firm, or corporation operating a hotel, motel, or lodging or rooming house, shall permit any person under the age of 17 years to visit, loiter, idle, wander, or stroll in any portion of such hotel, motel, or lodging or rooming house between the hours of 11:00 p.m. and 5:00 a.m. of the following day, official City time; provided, however, that the provisions of this subsection do not apply when the minor is accompanied by his or her parent, guardian, or other adult person having the care, custody, and control of such minor.[2]

[2]

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

§ 263-16 Possession and consumption of alcohol beverages. [1]

[Amended 6-26-2018 by Ord. No. 1418; 3-28-2023 by Ord. No. 1485]

It shall be unlawful for any person to drink, consume, transport, carry, or possess any intoxicating liquor, wine, or fermented malt beverage except in the original capped package in any vehicle.

It shall be unlawful for any person to drink, consume, transport, carry, or possess any intoxicating liquor, wine, or fermented malt beverage except in the original capped package in any of the following places:

Any privately owned parking lot, driveway, or lot used for vehicular traffic which is used or can be used by the public with the express or implied permission of the owner thereof unless expressly authorized, in writing, by the owner of said parking lot, driveway, or lot.

Any grounds under private ownership unless the owner thereof has granted permission for said drinking.

Between the hours of 11:00 p.m. and 6:00 a.m. on the land described in the legal description within which a Class A or Class B fermented malt beverage or intoxicating liquor license or permit is located and outside the interior of said licensed premises.

Any grounds under the control of the Muskego-Norway School District and the grounds of any privately owned and operated school, church, or other institution frequented by the public, unless expressly authorized by the owner thereof.

The Common Council of the City of Muskego may permit the consumption or possession of fermented malt beverages, wine or intoxicating liquors in specifically authorized public places, or at any event, for which a temporary license has been issued pursuant to Chapter 132, Alcohol Beverages, or other provisions of the Municipal Code of the City of Muskego.

§ 263-17 Operation of motor vehicles by unlicensed juveniles.

Editor's Note: See also Ch. 132, Alcohol Beverages.

Subject to the applicable provision of the Wisconsin Statutes and Wisconsin Administrative Code, no unlicensed juvenile under 16 years of age shall operate any motor vehicle, whether registered or unregistered, on the public thoroughfare.

Definitions. For the purposes of this section, the following terms shall have the meanings indicated:

MOTOR VEHICLE

A vehicle which is self-propelled:

OPERATE

Driving or in actual physical control of a motor vehicle.

PUBLIC THOROUGHFARE

Includes any public road, street, alley, highway, freeway, interstate, county trunk highway or public right-of-way and shall include the grass area within the statutory limits of the public thoroughfare and contiguous to the traveled portion thereof.

§ 263-18 Operation of off-the-road vehicles.

Subject to conflicting provisions of the Wisconsin Statutes and Wisconsin Administrative Code, if any, no person shall operate within the City limits of the City of Muskego any off-the-road vehicle on any property without the permission of the landowner, except in those areas that may be designated by the Muskego Common Council as approved vehicle parks.

Authorized operation of off-the-road vehicles. Off-the-road vehicles may be operated:

On the premises owned by the operator or member of the family of the operator or with permission of the owner of the premises where said vehicle is being operated. Operation of said vehicle shall be between the hours of 9:00 a.m. and 8:00 p.m. and be such that the noise from said vehicle does not cause a nuisance and annoyance to other persons residing near said operation.[1]

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

§ 263-19 Solicitation to commit offense.

In those areas designated by the Muskego Common Council as approved vehicle parks pursuant to the terms and conditions set by the Muskego Common Council.

Definitions. For the purposes of this section, the following terms shall have the meanings indicated:

APPROVED VEHICLE PARKS

Those areas within the City limits of the City of Muskego which are specifically approved by the Muskego Common Council for operation of off-the-road vehicles.

OFF-THE-ROAD VEHICLE

Any minibike, trail bike, go-cart, or other such vehicle (expressly excluding snowmobiles and all-terrain vehicles which are regulated by separate ordinance and Wisconsin Statutes) which is commonly operated off the traveled portion of the public thoroughfare, whether currently being used on or off the road and whether registered or nonregistered.

[Amended 5-12-1987 by Ord. No. 571]

OPERATOR

A person who drives or is in actual physical control of a vehicle.

PUBLIC THOROUGHFARE

Includes public road, street, alley, highway, freeway, interstate, county trunk highway or public right-of-way.

TRAVELED PORTION

The paved or otherwise surfaced portion of the roadway and the prepared shoulder, but shall include the grass area within the statutory limits of the highways and contiguous to the traveled portion thereof.

Whoever, with intent that an offense be committed, advises another to commit that offense under circumstances which indicate unequivocally that he has such intent may be fined not to exceed the minimum provided for the completed offense.

§ 263-20 Conspiracy to commit offense.

Whoever, with intent that an offense under this chapter be committed, agrees or combines with another for the purpose of committing that offense, if one or more parties of the conspiracy does an act to effect its object, may be fined not to exceed the maximum provided for the completed offense.

§ 263-21 Attempt to commit offense.

Whoever attempts to commit an offense under this chapter may be fined not to exceed 1/2 the maximum penalty for the completed offense.

An attempt to commit an offense requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such offense and that he does acts towards the commission of the offense which demonstrate, under all the circumstances, that he forms that intent and would commit the offense except for the intervention of another person or some other extraneous factor.

§ 263-22 Disposal of abandoned and unclaimed personal property.

[Added 7-3-1986 by Ord. No. 554; amended 6-1-2006 by Ord. No. 1228; 11-27-2018 by Ord. No. 1423]

Custodian. The Chief of Police or their designee shall be the custodian of all personal property that has been lost, abandoned, or picked up during the course of a police investigation. The Chief of Police or their designee having custody of the property shall attempt to return the property to the rightful owner.

The Chief of Police or their designee may, pursuant to Wis. Stats. § 66.0139, dispose of any such property abandoned or unclaimed for a period of 30 days, by any of the following means, as determined by the Chief of Police or their designee to be in the best interest of the City:

The property may be sold at public auction, including an internet auction service contracting with the City.

The property may be sold without a public auction at a sale open to the public, including Internet-based sales such as eBay.

The property may be sold in a private sale through an agreed-upon amount of sale.

The property may be retained by the City for its own use.

(5)

The property may be donated.

(6)

The property may be destroyed or discarded as trash, recycled, or sold as scrap.

(7)

The property may be used in trade on other property to be acquired.

(8)

The property may be sold, traded, or transferred to an outside publicly funded agency.

Firearms. Any seized firearm, ammunition or dangerous weapon shall not be returned to any person who committed a crime involving the use of the seized item. Seized property that is a firearm, ammunition, or dangerous weapon may be returned to the rightful owner under this section if the owner had no prior knowledge of and gave no consent to the commission of the crime. Firearms, ammunition, or dangerous weapons which are abandoned or remain unclaimed for a period of 30 days shall be returned to the rightful owner, destroyed, or transferred to the State Crime Laboratory established under § 165.75, Wis. Stats.

Seized property. If property seized pursuant to a search warrant or seized without a search warrant is not required for evidence or further investigative use, and has not been disposed of pursuant to a court order, the custodian or their designee shall make reasonable attempts to notify all persons who or may have an authorized rightful interest in the seized item that they may apply for return of the seized item pursuant to § 968.20, Wis. Stats. Any item that has not been applied for its return within 30 days of notice shall be considered abandoned or unclaimed and disposed of pursuant to this section.

Record keeping.

Records of the sale or destruction of personal property shall be maintained by the Chief of Police or their designee in whose custody the personal property had been committed. The records shall include the following information:

Description of the property;

The date of the sale or destruction;

The method of disposal;

Consideration received for the property, if any;

(e)

If the property is sold or otherwise transferred, the name and address of the person taking possession of the property.

Such records shall be kept as public record for a period of not less than two years from the date of the disposal of the property.

Deposit into City account. All money retained by the City as described in this section, or that is found by a City official, employee, or agent that is unclaimed and all proceeds of any sale of abandoned or unclaimed property shall be deposited by the Director of Finance and Administration into the general account of the City of Muskego.

Return of lost property to finder or owner. Sections 170.07 through 170.105, Wis. Stats., as amended from time to time, are incorporated herein by reference. Any decisions, determinations and certifications to be made by a law enforcement agency under the aforesaid statutes shall be made by the Chief of Police or their designee, upon such proof which may be deemed sufficient, in the sole discretion of the Chief of Police or their designee, respectively.

Stolen property. If the custodian has property in their possession that appears to be or is reported stolen, they shall attempt to return the property to the rightful owner before disposing of the property as allowed by this section.

§ 263-23 Use of cigarettes, nicotine, tobacco and vapor products restricted. [1]

[Added 6-4-1992 by Ord. No. 753; amended 6-26-2018 by Ord. No. 1418; 11-27-2018 by Ord. No. 1424]

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

CIGARETTE

A narrow tube of cut tobacco enclosed in paper and designed for smoking.

NICOTINE PRODUCTS

A product that contains nicotine and is not any of the following:

A tobacco product.

A cigarette.

A product that has been approved by the United States Food and Drug Administration for sale as a smoking cessation product or for another medical purpose and is being marketed and sold solely for such an approved purpose.

SCHOOLS

The public schools under the jurisdiction of the School Board of the City of Muskego.

TOBACCO PRODUCTS

Cigars, cigarettes, cheroots, stogies, periques, smoking tobacco, tobacco in any form, including but not limited to granulated, plug cut, crimp cut, ready-rolled, and fine cut, chewing tobacco, snuff tobacco, shorts, refuse scraps, clippings, cuttings and sweepings of tobacco, and any other kinds or forms of tobacco prepared in a manner as to be suitable for chewing or smoking or both.

VAPOR PRODUCTS

Noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaporizers, or similar products or devices. "Vapor products" shall include any vapor cartridge, solution, or other container, that may or may not contain nicotine, that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, vaporizer, or similar products or devices. "Vapor products" do not include any products regulated by the United States Food and Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.

Restriction on sale or gift of cigarettes, nicotine products, or tobacco products. Section 134.66, Wis. Stats., as amended from time to time, is hereby adopted by reference as though fully set forth herein.

Use of cigarettes, nicotine products, and tobacco products by children prohibited. Section 254.92, Wis. Stats., as amended from time to time, is hereby adopted by reference as though fully set forth herein.

Sale of vapor products to minors prohibited. No person, by himself, his servant or agent, or as the servant or agent of any other person, shall sell, give away, or otherwise dispose of, by vending machine or otherwise, any vapor products to any person under the age of 18 years.

Purchase or possession of vapor products by person under 18 prohibited.

No person under 18 years of age may falsely represent his or her age for the purpose of receiving any vapor products.

No person under 18 years of age may purchase, attempt to purchase, or possess any vapor products except as follows:

A person under 18 years of age may purchase or possess vapor products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer. The defenses provided in Wis. Stats. § 134.66(3)(a)-(c) shall also be defenses to any prosecution hereunder.

Possession of cigarettes, nicotine products, tobacco products, and vapor products by students in school buildings or upon school property. No person enrolled as a student in the Muskego-Norway School District may possess any cigarette, nicotine product, tobacco product, or vapor product at any time inside any building or on any property owned, leased or used by a public school in the City.

Use of cigarettes, nicotine products, and tobacco products in school buildings or upon school property. No person may smoke, light, ingest, chew, inhale, or otherwise use any cigarette, nicotine product, or tobacco product or smoke from a cigarette, nicotine product, or tobacco product at any time inside any building or on any property owned, leased, or used by a public school in the City.

§ 263-25 Chronic nuisance premises/activities.

Editor's Note: See also § 248-3, Clean indoor air.

§ 263-24 Harboring or aiding runaways.

[Added 2-18-1993 by Ord. No. 781]

No person may harbor a minor child who the person knows to be a runaway from his or her parents, guardian or legal custodian, nor may any person aid or assist a runaway in fleeing from or avoiding the custody of the runaway's parents, guardian, legal custodian or law enforcement officers.

Notwithstanding any other penalty provisions contained in this Code, the penalty for violation of Subsection A by a juvenile shall be $100, together with the costs of prosecution, and the penalty for violation of Subsection A by an adult shall be $200, together with the costs of prosecution.

[Amended 6-26-2018 by Ord. No. 1418]

[Added 2-11-2025 by Ord. No. 1497[1]]

Any person(s) or premises determined by the Chief of Police to be a chronic nuisance shall be in violation of this section and may be subject to penalties.

When it is determined that a person(s) or premises is in violation of this section, the Chief of Police may administer penalties against, but not limited to, the following person(s):

A property owner, agent, manager, tenant, occupant, invitee, licensee, visitor, or any other person(s) determined to be in violation of this section.

Under this section (§ 263-25 of the Muskego Municipal Code), penalties may include, but are not limited to, arrests, citations, or fines.

Fines shall be assessed according to the following schedule:

First offense: $565 plus court costs.

[2]

Second offense: $1,000 plus court costs.

[3]

All subsequent violations: $1,500 or more, not to exceed $5,000, at the discretion of the Chief of Police, plus court costs.

For the purposes of this section, "chronic nuisance" shall be defined as, but not limited to, the following:

Any person(s) or premises which has generated three or more calls for police that have resulted in enforcement action on three separate occasions within a consecutive twelve-month time period.

Three or more calls for services resulting in enforcement action including action taken against any person(s) associated with the premises while at or within the legal boundary limits of the property.

Any person(s) or premises which has generated three or more calls for Fire Department services that are deemed inappropriate, unnecessary, or non-emergency requests for service.

Any person(s) or premises that receives more than the level of general and adequate police, fire, or any other City services, resulting in an undue and inappropriate burden on the taxpayers of the City or resources of the Police, Fire, or any other City department(s).

For the purposes of this section, "enforcement action" shall be defined as any action resulting in, but not limited to, excessive use of City resources, arrest, law enforcement intervention, the issuance of a citation, or the issuance of a verbal or written warning.

For the purposes of this section, "Chief of Police" shall include the City of Muskego Chief of Police and any person(s) that the Chief of Police designates, assigns, or requests to enforce this section.