No person shall within the City:
A. In any public or private place engage in violent, abusive, indecent,
profane, boisterous, unreasonably loud or otherwise disorderly conduct
which tends to cause or provoke an immediate disturbance of public
order or tends to disturb any other person or persons.
B. Intentionally cause, provoke, or engage in any fight, brawl, riot
or noisy altercation other than a bona fide athletic contest.
No person shall within the City be habitually drunk or intoxicated
so as to disturb the good order and quiet of the City or be found
in any place within the City in such a state of intoxication that
he is unable to care for his own safety or for the safety of others.
No person shall within the City commit an assault or battery,
or both, upon another person.
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.
No person shall give or send or cause to be given or sent in
any manner any alarm of fire which he knows to be false.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall loiter in or about any park, parkway, school
ground or other public ground or place between 10:00 p.m. and 6:00
a.m., except in Rotary Park located at the east end of East Grand
Avenue, Coal Dock Park and Fisherman's Park in which no person shall
loiter in or about between 11:00 p.m. and 6:00 a.m.
No owner or operator of a bowling alley or pool or billiard
hall shall permit the same to remain open between 1:00 a.m. and 8:00
a.m.
[Added 10-18-2022 by Ord.
No. 2022-14]
A. Graffiti
prohibited.
(1) Definitions. For the purposes of Subsection
A and Subsection
B of this section, the following definitions shall apply:
CHILD
When used without further qualification, means a person who
is less than 18 years of age, except that for purposes of investigating
or prosecuting a person who is alleged to have violated a municipal
ordinance, " child" does not include a person who has attained 17
years of age.
GRAFFITI
The intentional marking, drawing, or writing with paint,
ink, or another substance on, or the intentional etching into, the
physical property of another without the other person's express consent.
For purposes of this section, "graffiti" includes any form of writings,
drawings, inscriptions, figures, or marks, regardless of their content
or the nature of materials used in their placement.
PROPERTY
Any real or personal property and that which is affixed,
incidental or appurtenant to real property, including but not limited
to any premises, house, building, structure, fence, wall, sign, or
other public or private property, or any separate part thereof, whether
permanent or not.
(2) Prohibition
of graffiti. It shall be unlawful for any person to write, draw, inscribe,
mark, scratch, scrawl, paint, spray or otherwise place graffiti of
any kind on any public or private building, structure, or place or
on any other physical property. This subsection shall not be construed
to prohibit the placement of temporary and easily removable chalk
or other water-soluble markings on public or private streets, sidewalks,
or other paved surfaces incident to youth activities such as hopscotch
and various types of ball games, City-sponsored public art activities,
or any lawful business or activity.
(3) Penalty. Any person who violates this subsection shall be subject to a penalty as provided in §
1-4 of this Municipal Code. In addition, 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. The parent or parents of any unemancipated minor child who violates this subsection may also be held liable for the cost of the repair or replacement of, or the removal of the etching, marking, drawing, or writing from, property damaged as the result of a violation of this subsection, in accordance with § 895.035, Wis. Stats.
B. Graffiti
abatement.
(1) Public nuisance. Graffiti is hereby specifically found to contribute to blight and deterioration of surrounding properties and reduces the attractive physical qualities of neighborhoods, all to the detriment of the City. Graffiti is hereby declared to be a public nuisance affecting peace and safety, as defined in §§
291-2 and
291-5 of this Municipal Code, and must be abated promptly to avoid the detrimental impact of graffiti on the City, its residents, and businesses and to protect the surrounding properties and neighborhoods.
(2) Graffiti
prohibited. No owner of any property within the City may maintain
or allow any graffiti to remain upon such property for a period of
more than 15 days when such graffiti is visible from the street or
from other public or private property. Surfaces upon which graffiti
is present shall be cleaned, painted or in some manner covered to
achieve the complete removal or obliteration of the graffiti from
that surface and to return the surface to its prior condition.
(3) Penalty. Any person who violates Subsection
B(2) shall be subject to a penalty as provided in §
1-4 of this Municipal Code. Each violation and each day a violation occurs or exists constitutes a separate offense and is punishable as such.
(4) Notice
and order to abate. Whenever the Building Inspector determines that
graffiti on any property within the City is visible from the street
or other public or private property, he shall issue a written notice
and order to abate to the property owner requiring removal or covering
of the graffiti within 10 days of service of the notice and order
on the owner, unless extenuating circumstances, including but not
limited to inclement weather, prevent the work from being done, in
which case the Building Inspector may, in their discretion, grant
an extension of time to complete the work. The written notice and
order shall be served on the owner personally by the Police Department
or by certified mail, return receipt requested. Service by certified
mail shall be deemed complete on the date of mailing.
(5) Compliance.
A property owner shall be deemed to have timely complied with a notice
and order to abate graffiti if it is obliterated by a primary paint
and matching building paint applied in a good and workmanlike manner,
or by such other means as shall completely remove or obliterate the
graffiti.
(6) Failure
to comply. If any property owner fails to comply with the notice and
order to abate, the Building Inspector may cause the graffiti to be
removed or covered either by City employees or by an independent contractor.
The City employees and the independent contractor are authorized to
enter upon the property and abate the graffiti upon exterior walls,
fences, and other structures adjoining public streets, public property,
or rights-of-way. All costs of abatement incurred by the City shall
be imposed as a special charge against the real property on which
the graffiti is located for the cost of the services provided, pursuant
to § 66.0627, Wis. Stats.
[Added 8-18-2015 by Ord.
No. 2015-7]
A. Findings and intent.
(1) This section is a regulatory measure aimed at protecting the health
and safety of children in the City from the risk that sex offenders
convicted of offenses against children may re-offend in locations
near to where children congregate. Given the high rate of recidivism
for sex offenders, and that restricting opportunity is important to
reducing the risk of re-offense, there is a need to protect children
where they congregate or play in public places. Therefore, the City
finds and declares that sex offenders are a serious threat to the
safety of children if regulatory measures are not in place that prohibit
the presence of or loitering by sex offenders in specified areas designated
as places children commonly congregate. The City further finds that
in addition to schools and child-care facilities, children congregate
or play at child-oriented facilities, such as parks, playgrounds and
recreational areas.
(2) It is not the intent of this section to impose a criminal penalty,
but rather to serve the City's compelling interest in promoting,
protecting, and improving the health, safety, and welfare of children
of the City by prohibiting sex offenders from being present or loitering
in specified areas near locations where children regularly congregate
or play. It is the further intent of this section to recognize that
convicted sex offenders must reenter the community, and the City hereby
accepts that it has a responsibility to convicted sex offenders and
surrounding area municipalities to ensure that, in addition to promoting
regulatory measures aimed at protecting children, its regulatory measures
are not aimed at prohibiting convicted sex offenders from being part
of society.
B. Definitions. As used in this section, the following words, terms
and phrases shall have the meanings indicated, except when the context
clearly indicates a different meaning:
CHILD
A person under 16 years of age for the purposes of this section.
CHILD-CARE FACILITY
A child-care facility that is operated by a person licensed
under § 48.65, Wis. Stats., or certified under § 48.651,
Wis. Stats., or contracted for under § 120.13(14), Wis.
Stats.
DESIGNATED OFFENDER
A person who is required to register under § 301.45,
Wis. Stats., or who is listed on the State Sex Offender Registry,
or who is subject to State Sex Offender Registry guidelines, for any
sexual offense against a child, unless the person was under age 18
at the time of the offense and the offender was not convicted of the
offense as an adult.
LOITERING
Whether in a group or individually, to stand idly about,
loaf, prowl, congregate, wander, linger aimlessly, or proceed slowly
or with many stops; to delay or dawdle.
MINOR
A person under 17 years of age.
SCHOOL PREMISES
Any public, parochial, private or tribal school building,
grounds, recreation area, athletic field or any other property owned,
used or operated for school administration.
ZONES
(1)
RESTRICTED ZONESThose certain areas designated by the City as places in which children congregate or play, including but not limited to school premises, child-care facilities, parks, playgrounds, recreational areas or other locations designated by the City. Restricted zones generally do not include areas beyond the real estate parcel(s) upon which the building, structure, facility or park is located that caused the City's designation of such restricted zone, but may include adjoining or adjacent parcels if such parcels are used for ancillary purposes, such as an athletic field located adjacent to a school.
(2)
LOITER-FREE ZONESThose areas lying within a 200-foot radius of a restricted zone. The distance shall be measured outward from each boundary line of the real estate parcel(s) that supports or upon which there exists any of the uses which cause the property to be designated as a restricted zone.
(3)
RESTRICTED ZONE MAPAn official map maintained by the City showing restricted zones designated in green and loiter-free zones designated in yellow (the "Restricted Zone Map"). The City shall update the Restricted Zone Map at least annually to reflect any changes in the location of restricted zones and loiter-free zones. The Restricted Zone Map will be made available at the City Clerk's office and on the City's official website.
C. Prohibited locations and/or acts; exceptions.
(1) Restricted zones.
(a)
Restricted zone restrictions. It is unlawful for any designated
offender to be physically present within a restricted zone under any
of the following circumstances:
[1]
When children are present or are known or reasonably presumed
to be present;
[2]
Between 7:00 a.m. and 11:00 p.m., Monday through Friday, in
a school or child-care facility restricted zone; or
[3]
Between 7:00 a.m. and 11:00 p.m., in a park, playground or recreational
area restricted zone.
(b)
Exceptions to restricted zone restrictions. A designated offender
may be physically present on any day or time within a restricted zone
if all of the following are present:
[1]
The designated offender has legitimate or official business,
which shall be determined by the reasonable person standard; and
[2]
The designated offender is accompanied by or is in the presence
of another adult who is not a designated offender.
(c) The restricted zone restrictions are not intended to impede normal
community activities such as, but not limited to, the following:
[1]
Attendance at church or religious services or functions.
[2]
Normal use of public facilities such as adult library, adult
recreation and adult education areas, but excluding facilities primarily
used or frequented by children.
[3]
Commercial and business establishments used or frequented by
the general public, but excluding establishments primarily used or
frequented by children unaccompanied by adults.
(d) The restricted zone restrictions and loiter-free zone restrictions
do not apply to a person who is confined in a jail, an adult correctional
facility, a juvenile detention facility as defined in § 938.02(10r),
Wis. Stats., or a secured residential care center for children and
youth as defined in § 938.02(15g), Wis. Stats., or pursuant
to Ch. 980, Wis. Stats.
(2) Loiter-free zones. Except as provided in Subsection
C(1)(d) hereof, it is unlawful for a designated offender to loiter within a restricted zone or within a loiter-free zone.
D. Penalties. Whoever violates this section shall, upon conviction,
be punished by a forfeiture of not less than $500 nor more than $1,000,
together with the costs of prosecution for each such offense, and
in default of payment of such forfeiture and costs shall be imprisoned
in the county jail until such forfeiture and costs are paid, but not
exceeding 90 days. Each violation that occurs, and each day a violation
continues, shall constitute a separate offense.
E. Severability. The provisions of this section are deemed severable,
and it is expressly declared that the City would have enacted the
other provisions of this section irrespective of whether one or more
provisions hereof may be declared invalid. If any provision of this
section is held invalid by a court of competent jurisdiction, the
remainder of this section shall not be affected.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall keep or maintain or in any way be connected
with or contribute to the support of any disorderly house, house of
ill fame or place for the practice of prostitution or shall knowingly
own or be interested therein as proprietor or landlord.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Except where otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in §
1-4 of this Code.
Whoever attempts to commit an offense under this chapter may
be subject to forfeiture not to exceed the maximum penalty for the
completed offense.