[HISTORY: Adopted by the Common Council of the City of Muskego 12-23-1964 by Ord. No.
1 as Ch. 9 of the 1964 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch.
124.
Alarm systems — See Ch.
129.
Alcohol beverages — See Ch.
132.
Amusements and entertainment — See Ch.
136.
Sex offenders — See Ch.
294.
A. Except as otherwise specifically provided in this Code, the current
and future statutory provisions of §§ 134.71, 961.41(3g),
961.573, 961.574 and 961.575 and Chs. 938 through 947 and 951, Wis.
Stats., describing and defining offenses against the peace and good
order of the state, and cross-references contained therein to other
sections and subsections of the Wisconsin Statutes, exclusive of any
provisions therein relating to penalties to be imposed and exclusive
of any regulations for which the statutory penalty is a term of imprisonment,
are adopted and by reference made a part of this Code as if fully
set forth herein. Any act required to be performed or prohibited by
any current or future statute incorporated herein by reference is
required or prohibited by this Code. Any future amendments, revisions
or modifications of the current or future statutes incorporated herein
are intended to be made part of this Code in order to secure uniform
statewide regulation of peace and good order of the state.
[Amended 11-4-1999 by Ord. No. 1002; 6-26-2018 by Ord. No. 1418]
B. In construing the foregoing sections and all present and future ordinances
of the City of Muskego in which statutory provisions have been enacted
by reference thereto, the construction of such ordinances shall be
made pursuant to Ch. 990, Wis. Stats., and any future amendments,
revisions, modifications or re-creation of the current or future Ch.
990, Wis. Stats., is intended to be made part of this Code in order
to secure uniform statewide regulation of peace and good order of
the state.
C. Further, whenever the word "crime" is used in the foregoing sections
it shall be taken to mean "offense," and whenever the phrase "criminal
intent" is used, it shall be taken to mean "intent."
A. General prohibitions and exceptions.
[Amended 10-3-2013 by Ord. No. 1378]
(1) 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.
(2) 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.
(3) The transporting, firing, or discharging of shotguns is limited to:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(4) Gun salutes, using blank cartridges, at a special function at a parade,
program or funeral are permitted.
B. Regulations for licensed target shooting, archery range, trap and
skeet shooting, and shooting galleries.
(1) 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.
(2) 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]
(3) 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.
(4) 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.
C. Application for license; hours of operation.
(1) 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:
(a)
Name of applicant (state whether a firm, association, corporation,
club, or individual).
(c)
If applicant is an individual, state age.
(d)
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.
(2) 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]
(3) 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]
A. 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.
B. 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.
[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]
A. 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.
B. Sale of fireworks.
(1) The sale of fireworks, as that term is defined in § 167.10(1),
Wis. Stats., is prohibited within the City of Muskego.
(2) 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.
C. Use of fireworks.
(1) 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.
(2) 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.
(3) 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).
(4) 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:
(a)
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.
(b)
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.
(c)
Distance. All fireworks must be discharged at a minimum of 25
feet away from any combustible material.
(d)
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.
D. 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.
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.
A. 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.
B. 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.
C. 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]
D. 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]
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.
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.
A. 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]
B. 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.
C. 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.
D. 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.
E. 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]
A. 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.
B. 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]
C. Placement of refuse on property of another.
[Added 12-8-1992 by Ord. No. 774]
(1) 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.
(2) 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.
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.
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.
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.
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]
A. 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.
B. 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.
(2) Subsection
B(1) of this section shall not apply to the following:
(a)
A person on private property located within 200 feet of school
property who has permission from the owner to be on the property.
(b)
A person, not in official school attendance, in a City park
within 200 feet of school property.
(c)
A person on, about or within 200 feet of school property who
is there with school authorization.
C. 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.
D. 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.
E. 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.
[Amended 6-26-2018 by Ord. No. 1418; 3-28-2023 by Ord. No. 1485]
A. 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.
B. 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:
(1) 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.
(2) Any
grounds under private ownership unless the owner thereof has granted
permission for said drinking.
(3) 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.
(4) 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.
C. 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.
A. 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.
B. Definitions. For the purposes of this section, the following terms
shall have the meanings indicated:
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.
A. 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.
B. Authorized operation of off-the-road vehicles. Off-the-road vehicles
may be operated:
(1) 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.
(2) 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.
C. 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.
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.
A. Whoever attempts to commit an offense under this chapter may be fined
not to exceed 1/2 the maximum penalty for the completed offense.
B. 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.
[Added 7-3-1986 by Ord. No. 554; amended 6-1-2006 by Ord. No. 1228; 11-27-2018 by Ord. No. 1423]
A. 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.
B. 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:
(1) The property may be sold at public auction, including an internet
auction service contracting with the City.
(2) The property may be sold without a public auction at a sale open
to the public, including Internet-based sales such as eBay.
(3) The property may be sold in a private sale through an agreed-upon
amount of sale.
(4) 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.
C. 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.
D. 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.
E. Record keeping.
(1) 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:
(a)
Description of the property;
(b)
The date of the sale or destruction;
(d)
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.
(2) 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.
F. 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.
G. 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.
H. 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.
[Added 6-4-1992 by Ord. No. 753; amended 6-26-2018 by Ord. No. 1418; 11-27-2018 by Ord. No. 1424]
A. 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:
(3)
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.
B. 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.
C. 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.
D. 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.
E. Purchase or possession of vapor products by person under 18 prohibited.
(1) No person under 18 years of age may falsely represent his or her
age for the purpose of receiving any vapor products.
(2) No person under 18 years of age may purchase, attempt to purchase,
or possess any vapor products except as follows:
(a)
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.
F. 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.
G. 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.
[Added 2-18-1993 by Ord. No. 781]
A. 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.
B. 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]
Any person who shall violate any provision of this chapter shall
be subject to penalties as follows:
A. Any person who shall violate any provision of this chapter, where no other penalty is prescribed, shall be subject to a penalty as provided in §
1-4 of this Code.
[Amended 6-26-2018 by Ord. No. 1418]
B. In addition to any penalty imposed for violation of any provisions
of this chapter, any person who shall cause physical damage to or
destroy any public property shall be liable for the costs of replacing
or repairing such damaged or destroyed property. In the event that
the offender is a juvenile at the time of the offense, the provisions
of § 895.035, Wis. Stats., shall apply.
C. Any person who shall violate any provision of this chapter which
by reason thereof shall require the services of the Fire Department
shall upon conviction thereof pay a forfeiture of $200, together with
the costs of prosecution, and in default of payment of such forfeiture
and costs of prosecution shall be imprisoned in the county jail until
such forfeiture and costs are paid, but not exceeding 90 days.
[Amended 5-4-1989 by Ord. No. 640]
It shall be the duty of the Muskego Police Department and the
City of Muskego City Attorney to enforce the provisions of this chapter.
Such enforcement shall be initiated, where appropriate, by a City
ordinance citation being written, whose contents shall conform to
the requirements found in § 800.02(2) or 778.25, Wis. Stats.,
including any future amendments, revisions or modifications to the
requirements found in those statutes. In the event that it is not
appropriate to issue a citation under the current or future statutory
provisions of § 800.02(2) or 778.25, Wis. Stats., then the
violation shall be referred to the City Attorney's office where a
City ordinance complaint shall be drafted and served upon the violator.