[HISTORY: Adopted by the Village Board of the Village of
Allouez as §§ 31.02 to 31.11, 31.15, 31.16, 31.18 to
31.20, 31.22 to 31.32 and 31.34 to 31.38 of the Village Code. Amendments
noted where applicable.]
A.
Except as otherwise specifically provided in this chapter, the below
listed provisions of Chapters 97, 167, 175, 939, 941, 943, 944, 946,
947, 948, 951 and 961 of the Wisconsin Statutes describing and defining
offenses against the peace and good order of the state, including
procedure for prosecution, are hereby adopted and by reference made
a part of this chapter as if fully set forth herein. Any act by any
statute incorporated herein by reference required to be performed
is required to be performed by this chapter; prohibited is prohibited
by this chapter. Any future amendments, revisions or modifications
of the statutes incorporated herein are intended to be made part of
this chapter.[1]
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(1)
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§ 97.627
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Causing fires by tobacco smoking
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(2)
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§ 167.10
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Regulation of fireworks
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(3)
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§ 175.25
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Storage of junked automobiles
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(4)
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§ 939.05
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Parties to crime
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(5)
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§ 939.22
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Words and phrases defined
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(6)
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§ 941.10
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Negligent handling of burning material
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(7)
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§ 941.12
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Interfering with fire fighting
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(8)
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§ 941.23
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Carrying concealed weapon
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(9)
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§ 941.235
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Carrying firearm in public building
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(10)
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§ 941.237
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Carrying handgun where alcohol beverages may be sold and consumed
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(11)
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§ 941.30
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Recklessly endangering safety
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(12)
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§ 943.01(1)
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Criminal damage to property
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(13)
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§ 943.12
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Possession of burglarious tools
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(14)
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§ 943.13
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Criminal trespass to land
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(15)
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§ 943.14
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Criminal trespass to dwellings
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(16)
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§ 943.20
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Theft
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(17)
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§ 944.15
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Public fornication
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(18)
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§ 944.17
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Sexual gratification
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(19)
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§ 944.20
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Lewd and lascivious behavior
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(20)
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§ 944.23
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Making lewd, obscene or indecent drawings
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(21)
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§ 944.30
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Prostitution
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(22)
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§ 944.31
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Patronizing prostitutes
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(23)
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§ 944.33
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Pandering
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(24)
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§ 944.34
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Keeping place of prostitution
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(25)
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§ 944.36
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Solicitation of drinks prohibited
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(26)
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§ 946.40
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Refusing to aid officer
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(27)
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§ 946.41
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Resisting or obstructing officer
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(28)
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§ 946.65
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Obstructing justice
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(29)
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§ 946.70
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Impersonating peace officers, fire fighters, or other emergency
personnel
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(30)
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§ 946.72
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Tampering with public records and notices
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(31)
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§ 947.0125
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Unlawful use of computerized communication systems
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(32)
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§ 947.013
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Harassment
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(33)
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§ 948.61
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Dangerous weapons other than firearms on school premises
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(34)
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§§ 951.01 to 951.18
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Crimes against animals
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(35)
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§ 961.41(3g)(em)
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Synthetic cannabinoids
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(36)
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§ 961.573(1) and (2)
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Possession of drug paraphernalia
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(37)
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§ 961.574(1) and (2)
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Manufacture or delivery of drug paraphernalia
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(38)
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§ 961.575(1) and (2)
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Delivery of drug paraphernalia to a minor
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B.
It is unlawful for any person to possess marijuana as defined in
§ 961.01(14), Wis. Stats., or any subsequent amendment thereto,
subject to the exceptions in § 961.41(3g), Wis. Stats.,
except that if a complaint is issued regarding an allegation of possession
of more than 25 grams of marijuana, or of any amount of marijuana
following a conviction in the state for possession of marijuana, the
subject of the complaint may not be prosecuted in Municipal Court
for the same action that is the subject of the complaint unless the
charges are dismissed or the District Attorney declines to prosecute
the case. For the purpose of this subsection, "marijuana" shall mean
all parts of the plants of the genus Cannabis.
D.
Parties to a violation. Whoever is concerned in the commission of
a violation of this chapter is a principal and may be charged with
and convicted of the violation although the person did not directly
commit it and although the person who directly committed it has not
been convicted of the violation. A person is concerned in the commission
of the violation if the person directly commits the violation, intentionally
aids or abets the commission of it, is a party to a conspiracy with
another to commit it, or advises, hires, counsels, or otherwise procures
another to commit it.
E.
Attempt. Whoever attempts to commit a violation of this chapter may
be charged with and convicted of the violation. An attempt to commit
a violation of this chapter requires that the actor have an intent
to perform acts and attain a result which, if accomplished, would
constitute such violation and that the actor does acts toward the
commission of a violation which demonstrate unequivocally, under all
the circumstances, that the actor formed that intent and would commit
the violation except for the intervention of another person or some
extraneous factor.
A.
No person shall commit an assault. "Assault" is defined as an attempt to commit a battery, as defined herein by Subsection B.
B.
No person shall commit a battery. "Battery" is defined as the causing
of bodily harm to another by an act done with the intent to cause
bodily harm to that person or another, without the consent of the
person so harmed.
No person, in a public or private place, shall engage in violent,
abusive, indecent, profane, boisterous, unreasonably loud, or otherwise
disorderly conduct under circumstances in which such conduct tends
to cause or provoke a disturbance.
No person shall appear in any public place in such a state of
intoxication as to disturb others or be unable by reason of his condition
to care for his own safety or the safety of others.
No person shall at any time willfully interrupt or molest any
assembly or meeting of people for religious worship or for other purposes
lawfully and peacefully assembled.
Refer to Chapter 475, Zoning, § 475-82E, Destruction of signs.
A.
It shall be unlawful and it is hereby prohibited for any person to
trespass, prowl or window peep upon the property of another or to
trespass on his garden or shrubs without such other's consent.
Except where permitted, no person shall trespass upon public property.
No person shall permit any animal belonging to him or under his control
to trespass or be upon the property, garden or hedge belonging to
another person or upon any seeded or sodded and maintained area within
the boundaries of a public street, unless permission therefor is secured
from the owner.
B.
It shall be unlawful and it is hereby prohibited for any person to
trespass upon any Village-owned stormwater facility, including but
not limited to stormwater detention/retention ponds.
No person shall leave outside of any building or dwelling, in
a place accessible to children, any abandoned, unattended, or discarded
icebox, refrigerator, or any other container of any kind which has
an airtight door, airtight snap lock, or other device thereon which
cannot be opened by pushing from the inside of the icebox, refrigerator,
or container with the force of a small child, without first removing
the snap locks or doors from the icebox, refrigerator, or container.
A.
Carrying concealed weapons.[1]
(1)
FIREARM
LAW ENFORCEMENT OFFICER
As used in this subsection, the following terms shall have the meanings
indicated:
Has the meaning given in § 167.31(1)(c), Wis. Stats.
"Firearm" means a weapon that acts by force of gunpowder.
Any person employed by the State of Wisconsin or any political
subdivision of this state for the purpose of detecting and preventing
crime and enforcing laws or ordinances and who is authorized to make
arrests for violations of the laws or ordinances he or she is employed
to enforce.
(2)
Concealed weapons.
(a)
In addition to the provisions of § 175.60, Wis. Stats.,
enumerating places where the carrying of a firearm is prohibited,
including exceptions thereto, it shall be unlawful for any person
other than a law enforcement officer to enter the following Village
municipal buildings while carrying a firearm:
(b)
Signs meeting the requirements of § 943.13(2)(bm)1,
Wis. Stats., shall be posted in prominent places near all entrances
of such buildings regarding such restrictions.
B.
TRAPPING
WILD ANIMAL
Trapping within parklands in the Village of Allouez is hereby deemed
to be contrary to the health, safety and welfare of the inhabitants
of the Village and is hereby declared to be a public nuisance. No
person shall engage in trapping, or shall set or operate any trap,
within Village parks. As used in this subsection, the following terms
shall have the meanings indicated:
The taking of, or the attempting to take, any wild animal
by means of setting or operating any device, mechanism or contraption
that is designed, built, or made to close upon, hold fast, or otherwise
capture a wild animal or animals.
Any mammal, bird, fish or other creature of a wild nature
endowed with sensation and the power of voluntary motion.
A.
Purpose. The purpose of this section to update existing archery hunting
requirements to come into compliance with 2013 Wisconsin Act 71.
B.
No person shall carry, unless encased and unloaded, or cause any
BB, pellet, stone, dart, metal-tipped arrow or similarly dangerous
missile to be discharged from any air gun, BB gun, CO2 operated gun,
pellet gun, slingshot, or bow and arrow or crossbow on public property
in the Village of Allouez.
C.
The carry and discharge of those weapons identified in Subsection B will be allowed strictly within the confines of a person's private property, and the projectile shall not traverse the property boundaries and shall in no event be discharged when it is reasonably likely to cause possible injury and/or property damage, except the discharge of CO2 operated guns which is only permitted within a person's residence on private property and in no event shall be discharged when it is reasonably likely to cause possible injury and/or property damage.
D.
No person, except a peace officer or individual who is part of a
deer management program approved by the Wisconsin Department of Natural
Resources and the Village Board of Trustees and conducted under the
supervision of the Brown County Sheriff, shall use or discharge a
rifle, revolver, pistol, shotgun or other firearm, regardless of caliber,
air rifle or air gun, pellet or shot (including BB shot), in or by
slingshot, within the Village of Allouez.[1]
E.
Hunting of any bird, wild fowl or animal with a bow and arrow or
crossbow on property owned by the Village is prohibited.
F.
Hunting with a bow and arrow or crossbow may take place on private
property within the Village with the following restrictions: no person
may hunt on private property with a bow and arrow or crossbow that
is within 100 yards of a building located on private property owned
by another individual, unless the owner of the land on which the building
is located allows hunting with a bow and arrow or crossbow within
100 yards of the building.
No person shall possess, ignite, use or discharge any fireworks
in the Village except as provided by § 167.10, Wis. Stats.,
as the same may be amended from time to time.
A.
No person shall intentionally alter the indicia of price or value
of merchandise or take and carry away, transfer, conceal or retain
possession of merchandise held for resale by a merchant without his
consent and with the intent to deprive the merchant permanently of
possession or the full price of such merchandise.
B.
The intentional concealment of unpurchased merchandise which continues
from one floor to another or beyond the last station for receiving
payments in a merchant's store is evidence of intent to deprive
the merchant permanently of possession of such merchandise without
paying the purchase price thereof. The discovery of unpurchased merchandise
concealed upon the person or among the belongings of such person,
or concealed by a person upon the person or among the belongings of
another, is evidence of intentional concealment on the part of the
person so concealing such goods.
C.
A merchant or merchant's adult employee who has probable cause
for believing that a person has violated this section in his or her
presence may detain such person in a reasonable manner for a reasonable
length of time to deliver him or her to a peace officer, or to his
or her parent or guardian in the case of a minor. The detained person
must be promptly informed of the purpose for the detention and be
permitted to make phone calls, but he or she shall not be interrogated
or searched against his or her will before the arrival of a peace
officer who may conduct a lawful interrogation of the accused person.
Compliance with this subsection entitles the merchant or his employee
effecting the detention to the same defense in any action as is available
to a peace officer making an arrest in the line of duty.
D.
Any person convicted of violating Subsection A of this section shall forfeit not less than $25 nor more than $500, plus the retail price of each item that was shoplifted (rounded off to the next highest $10 amount), together with the prosecution costs imposed by the Wisconsin Statutes. In default of payment of such forfeiture and costs, such person shall be committed to the Brown County jail until such forfeiture and costs are paid, but not exceeding 45 days, or such person's driver's license shall be suspended according to the laws of the State of Wisconsin.
A.
Prohibition. Section 941.36, Wisconsin Statutes, exclusive of any
of its provisions relating to penalties or punishment to be imposed
for any violation of it, is hereby adopted and made a part hereof
the same as if it had been set forth in full herein, and all acts
specifically prohibited by such statute are prohibited hereby.
A.
Purpose. It is hereby declared to be the policy of the Village of
Allouez to regulate and provide for the safe use of public streets;
to prohibit the dangerous and/or negligent use of public streets by
pedestrians; and to prohibit the dangerous and/or negligent use of
public streets by persons riding in or upon any form of conveyance,
whether such a conveyance is motorized or nonmotorized and regardless
of the means used to propel such a conveyance.
B.
Motor vehicles. No person shall operate a motor vehicle of any type
upon the public streets within the Village of Allouez in a dangerous
or negligent manner, or in a manner contrary to any law of the State
of Wisconsin, the County of Brown, or the Village of Allouez, which
law is intended to regulate the operation of motor vehicles upon public
streets and highways.
C.
Nonmotorized vehicles or conveyances. No person shall operate or
ride in or upon any form of conveyance on any public street, public
walkway, or public highway in a manner which is dangerous, negligent,
or in any way contrary to the safety of himself, herself or any other
person using such public street, walkway, or highway, whether as a
pedestrian or vehicular traffic.
D.
Use of streets by pedestrians. No person shall, while using the public
street as a pedestrian, use such a street, public walkway, or highway
in a dangerous or negligent manner or in a manner which creates an
unnecessary obstruction to vehicular traffic upon a street or highway
or which in any way endangers the safety of other persons using that
public street, walkway, or highway.
E.
Parental responsibility. A parent, guardian, or adult person having
actual care and custody of a child under the age of 18 years shall
not knowingly permit that child to violate any provision of this section
and shall be deemed jointly liable and responsible for any action
of such child which is found to be in violation of this section. For
the purpose of this section, the words "child," "parent," and "guardian"
shall have the meanings as described in Chapter 48 of the Wisconsin
Statutes.
A.
No person shall, after having obtained any beverage, food, lodging
or other service or accommodation at any hotel, motel, boardinghouse
or lodging house or restaurant, intentionally abscond without paying
for it.
B.
No person shall, while a guest at any hotel, motel, boardinghouse
or lodging house, or restaurant, intentionally defraud the keeper
thereof in any transaction arising out of the relationship as guests.
C.
No person shall, after having obtained gasoline or diesel fuel from
a service station, garage or other place where gasoline or diesel
fuel is sold at retail or offered for sale at retail, intentionally
abscond without paying for the gasoline or diesel fuel. In addition
to the forfeiture penalties for conviction of this offense, the court
may suspend the person's operating privileges for not more than
six months for a second offense, the court shall suspend the person's
operating privileges for not more than six months for a third offense
and the court shall suspend the person's operating privileges
for one year for a fourth offense.
No person who is occupying residential property as a tenant
of that property as defined in § 704.01(4), Wis. Stats.,
shall intentionally abscond without paying all current and past due
rent unless that person has provided that landlord with a security
deposit that equals or exceeds the amount that the person owes the
landlord regarding rent and damage to property.
A.
No person shall intentionally cause damage or cause another person
to damage, tamper with, change or destroy any railroad track, switch,
bridge, trestle, or signal or any railroad property used in providing
rail services, which could cause an injury, accident or derailment.
B.
No person shall intentionally shoot a firearm or throw, shoot or
propel a stone, brick or other missile at any railroad train, car,
caboose or engine.
C.
No person shall intentionally throw or deposit any type of debris
or waste material on or along any railroad track or right-of-way which
could cause an injury or accident.
No person shall intentionally enter the locked and enclosed
portion or compartment of the vehicle of another without consent and
with intent to steal.
A.
Intent to steal. No person shall intentionally enter a locked coin
box of another without consent and with intent to steal.
B.
Devices. No person shall have in his/her personal possession any
device or instrumentality intended, designed or adapted for use in
breaking into any coin box, with intent to use the device or instrumentality
to break into a coin box.
C.
Definitions. In this section "coin box" shall have the meaning as
defined in § 943.125(3), Wis. Stats.
No person may intentionally enter a hospital, clinic or office
that is used by a physician licensed to practice medicine in the State
of Wisconsin without the consent of some person lawfully upon the
premises, under circumstances tending to create or provoke a breach
of the peace.
A.
Entry prohibited. No person may enter the locked or posted construction
site or the locked and enclosed building, dwelling or room of another
without the consent of the owner or person in lawful possession of
the premises.
B.
Definitions. In this section, "construction site," "posted" and "owner
or person in lawful possession of the premises" shall have the meanings
as defined in § 943.15(2), Wis. Stats.
No person shall obtain the property or services of another by
depositing anything which he/she knows is not lawful money or an authorized
token in any receptacle used for the deposit of coins or tokens.
No person shall intentionally enter a motor bus or taxicab that
transports persons for hire and refuse to pay, without delay, upon
demand of the operator or other person in charge of the motor bus
or taxicab, the prescribed transportation fare.
No person shall issue any check or other order for payment which,
at the time of issuance, he/she intends shall not be paid.
No person shall intentionally remove a shopping cart or stroller
from either the shopping area or a parking area adjacent to the shopping
area to another place without authorization of the owner or person
in charge and with the intent to deprive the owner permanently of
possession of such property.
No person shall:
A.
With intent to frighten, intimidate, threaten, abuse or harass, make
a telephone call and threaten to inflict injury or physical harm to
any person or the property of any person;
B.
With intent to frighten, intimidate, threaten, abuse, or offend,
telephone another and use any obscene, lewd or profane language or
suggest any lewd or lascivious act;
C.
Make a telephone call, whether or not conversation ensues, without
disclosing his or her identity and with intent to abuse or threaten
any person at the called number;
D.
Make or cause the telephone of another to repeatedly ring, with intent
to harass any person at the called number;
E.
Make repeated telephone calls, whether or not conversation ensues,
with intent solely to harass any person at the called number;
F.
Knowingly permit any telephone under his or her control to be used
for any purpose prohibited by this section; or
G.
Dial the telephone number "911" knowing that no emergency in fact
exists or dial the telephone number "911" and report as fact a situation
that he or she knows does not exist. For purposes of this section,
"emergency" shall mean a situation in which property or human life
is in jeopardy and the prompt summing of aid is essential.
A.
Loitering. A person commits a violation if he or she loiters or prowls
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
actor takes flight on appearance of a peace officer, refuses to identify
himself or herself, or manifestly endeavors to conceal himself or
herself or any object. Unless flight by the actor or other circumstances
make it impractical, a peace officer shall, prior to any arrest for
an offense under this subsection, afford the actor an opportunity
to dispel any alarm which would otherwise be warranted, by requesting
the actor to identify himself or herself and explain the presence
and/or conduct. No person shall be convicted of an offense under this
subsection if the peace officer did not comply with the preceding
sentence, or if it appears at trial that the explanation given by
the actor was true and if believed by the peace officer at the time
would have dispelled the alarm.[1]
B.
Prohibited daytime loitering by minors.[2] It is unlawful for any minor under the age of 18 years
who is subject to compulsory education to loiter, congregate, wander,
stroll, stand, play, or be in or upon the public streets, highways,
roads, alleys, parks, playground, or other public grounds, public
places, public buildings, places of amusement, eating places, vacant
lots, or any other unsupervised place during hours of required school
attendance. Unless flight by the actor or other circumstances make
it impractical, a peace officer shall, prior to any arrest for an
offense under this subsection, afford the actor an opportunity to
dispel any alarm which would otherwise be warranted by requesting
the actor to identify himself or herself or explain his or her absence
from school or other conduct. Additionally, this subsection does not
apply:
(1)
When the minor is accompanied by his or her parent, guardian or other
adult person having the care or custody of the minor;
(2)
When the minor is on an emergency errand directed by his or her parent
or guardian or other adult person having care or custody of the minor;
(3)
When the minor is going or coming directly from or to his or her
place of gainful employment, or to or from a medical appointment;
or
(4)
To students who have permission to leave school campus for lunch
or for school-related activities and have in their possession a valid,
school-issued, off-campus permit.
No camping is allowed on any public property or parking lots
held out for public use in the Village of Allouez. "Camping" is defined
as temporary shelters such as tents or the use of a motor home or
the use of a pop-up trailer as a temporary shelter. "Public property"
is that property owned by the Village of Allouez and any property
held open for public use and includes all Village parks and streets.
No camping is allowed in Village parks unless authorized by the Director
of Parks, Recreation and Forestry. The parking and occupancy of a
motor vehicle on public property or parking lots held out for public
use for more than four hours in the same area over the course of two
calendar days is prohibited.
A.
Purpose. The purpose of this section is to ensure unimpeded pedestrian
traffic flow, to maintain and protect the physical safety and well-being
of pedestrians and to otherwise foster a safe and harassment-free
climate in public places in the Village of Allouez.
B.
Definitions. As used in this section:
(1)
"Public place" or "place open to the public" is an area generally
visible to public view and includes streets, sidewalks, bridges, alleys,
plazas, parks, driveways, parking lots, automobiles (whether moving
or not), and buildings open to the general public, including those
which serve food or drink or provide entertainment, and the doorways
or entrances in buildings or dwellings and the grounds enclosing them.
(2)
A conversation or gesture or both shall be construed as "threatening"
if a reasonably prudent individual would perceive such conduct as
intending to result in the procurement of money or goods by threat
or coercion.
(3)
Behavior shall be construed as "aggressive" or "intimidating" if
a reasonably prudent individual could be deterred from passing through
or remaining in or near any thoroughfare, or place open to the public,
because of fear, concern or apprehension.
C.
In or near any thoroughfare or place open to the public, no person,
either individually or as part of a group, shall procure or attempt
to procure a handout from another in a manner under circumstances
manifesting an express or implied threat or coercion. Among the circumstances
which may be considered in determining whether such purpose or behavior
is manifested are the following: that such person is a known panhandler;
that such person repeatedly and in a threatening fashion beckons to,
stops, or attempts to stop passer(s)by; that such person engages passer(s)by
in threatening conversation; or that such person utilizes threatening
bodily gestures. The violator's conduct must be such as to demonstrate
a specific intent to induce, solicit, or procure from another goods
or money by threat or coercion. No arrest shall be made for a violation
of this subsection unless the arresting officer first affords such
person an opportunity to explain such conduct, and no one shall be
convicted of violating this subsection if it appears at trial that
the explanation given was true and disclosed a lawful purpose.
D.
In or near any thoroughfare or place open to the public, no person,
either individually or as part of a group, shall procure or attempt
to procure a handout from another in an aggressive or intimidating
manner. Among the circumstances which may be considered in determining
whether such purpose or behavior is manifested are the following:
that such person is a known panhandler; that such person continues
to beckon to, accost or follow or ask passer(s)by for a handout after
the passer(s)by has failed to respond or has told the person "no";
that such person engages in a course of conduct or commits any act
which harasses or intimidates the passer(s)by; or that such person
utilizes or attempts to utilize bodily gestures or physical contact
to impede the path of any passer(s)by, including but not limited to
unwanted touching or blocking the path or impeding the free movement
of the passer(s)by. The violator's conduct must be such as to
demonstrate a specific intent to induce, solicit, or procure from
another goods or money by aggressive or intimidating behavior. No
arrest shall be made for a violation of this subsection unless the
arresting officer first affords such person an opportunity to explain
such conduct, and no one shall be convicted of violating this subsection
if it appears at trial that the explanation given was true and disclosed
a lawful purpose.
E.
Penalty. Any person violating this section shall be subject to a
forfeiture of not less than $500 nor more than $1,000, notwithstanding
any provision of this chapter setting a different penalty.
