A.
Discharge of firearms regulated. No person, except a police officer
or other law enforcement officer in the performance of an official
duty, shall fire or discharge any firearm, rifle, spring gun, air
gun or pneumatic pellet gun of any description within the City of
Glenwood City or have any firearm, rifle, spring gun, air gun or pneumatic
pellet gun in his possession or under his control within the City
of Glenwood City, unless it is unloaded and enclosed or encased within
a lawful carrying case.[1]
B.
Hunting prohibited. Hunting within the City with means other than
a bow and arrow as limited herein is prohibited for the safety of
the public.
[Amended 9-1-2009 by Ord.
No. 2009-05]
C.
Shooting into City limits. No person shall in the territory adjacent
to the City discharge any firearm in such manner that the discharge
shall enter or fall within the City.
D.
Shooting ranges. This section shall not prevent the maintenance and
use of duly supervised rifle or pistol ranges or shooting galleries
approved by the Common Council, upon the recommendation of the Chief
of Police, where proper safety precautions are taken.
E.
Explosive devices. No person shall discharge or detonate any dynamite,
nitroglycerin or other explosive within the City without first obtaining
a permit to do so from the Common Council.
F.
Throwing or shooting of arrows or other missiles prohibited.
(1)
It shall be unlawful for any person to discharge or cause the discharge of any dangerous missile from any slingshot, bow and arrow or other means within the City of Glenwood City. However, bow and arrow hunting shall be permitted within the City of Glenwood City as limited by Subsection F(3).
[Amended 9-1-2009 by Ord.
No. 2009-05]
(3)
Bow and arrow hunting will be permitted in the City subject to the
restrictions as set forth herein:
[Added 9-1-2009 by Ord.
No. 2009-05]
(a)
Any person wishing to hunt deer by bow and arrow within the
City must apply in person with the Glenwood City Police Department
providing his/her name, address and phone number on a discharge of
bow and arrow hunting application.
(b)
The applicant must also produce for inspection his/her Wisconsin
Department of Natural Resources archery deer hunting license.
(c)
The applicant must file with the Police Department written permission
of the property owner of the proposed hunting location or a signed
statement declaring the applicant owns the property upon which the
applicant intends to hunt.
(d)
The Police Chief or his/her designee will determine whether
the proposed location is suitable for hunting on the basis of public
safety and Wisconsin Department of Natural Resources regulations.
(e)
After review, the Glenwood City Police Department or City Clerk-Treasurer
will notify the applicant as to whether the applicant has been approved.
(f)
The applicant shall comply with all rules and regulations of
the Wisconsin Department of Natural Resources and City ordinances.
(Bow hunting in the City follows the normal Wisconsin Department of
Natural Resources archery season dates.)[2]
(h)
The Common Council shall approve and/or modify a discharge of
bow and arrow hunting application by resolution.
G.
Carrying or possession of handguns prohibited in certain places.
(1)
No person shall carry or otherwise possess a handgun within the City
while such person is on any park, or other lands owned by the City,
or while on private property held open to the public as a place of
business.[4]
(2)
This subsection shall not apply to duly authorized law enforcement
officers; to the transportation of handguns upon the public streets
within motor vehicles and in such manner as is otherwise lawful; to
the owner or operator of private premises held open to the public
while upon the premises so owned or operated and if such possession
is otherwise lawful; or while lawfully upon the City's firing range.
H.
Definition. For purposes of this section, "firearm" is defined as
any instrumentality from or with which a shot, bullet or pellet may
be discharged or expelled, regardless or whether the propelling force
is provided by air, spring or other similar mechanical device, or
gunpowder.
A.
Concealed weapons prohibited.
(1)
No person shall, within the City of Glenwood City, wear or in any
manner carry under his clothes or conceal upon or about his person
any deadly or dangerous weapon, provided that this subsection shall
not apply to a peace officer or such persons as may be authorized
to carry such weapons.
(2)
"Dangerous weapon" means any firearm, whether loaded or unloaded,
or any device designed as a weapon and capable of producing death
or great bodily harm, or any other device or instrumentally which,
in the manner it is used or intended to be used, is calculated or
likely to produce death or great bodily harm.
B.
Concealed weapons in public establishments. No person shall carry
or be possessed of a dangerous weapon in any public building or business
establishment open to the public, except a bona fide weapons repair,
display, or sales establishment, unless such dangerous weapon is so
stored and concealed (other than on the person) as not to be readily
accessible to any person or patron. This subsection shall not apply
to peace officers or others duly authorized by law acting within the
scope of their duties. This subsection shall not be construed to prohibit
the sale, purchase, repair or trade of firearms by a retail business
establishment doing so in the course of its regular business in accord
with state and federal law, nor to hinder a prospective customer from
attempting to buy, sell, or trade firearms to or from a retailer.
C.
Specific concealed weapons prohibited. No person, except a sheriff,
constable, police officer or other law enforcement officer acting
within the scope of his duties, shall carry or wear concealed about
his person any pistol, revolver, firearm, slingshot, crossknuckle
of lead, brass or other materials, bowie knife, dirk or dagger or
any other dangerous or deadly weapon within the City.[1]
D.
Possession, sale, and manufacture of certain weapons prohibited.
(1)
No person shall sell, manufacture, purchase, possess, or carry a
numchuk (also called a "nunchaku") or a churkin or a sucbai or similar
weapon within the City of Glenwood City.
(2)
CHURKIN
NUMCHUK or NUNCHAKU
SUCBAI
For the purpose of this subsection, the following definitions shall
apply:
A round throwing knife consisting of several sharp points
protruding from a rounded disc.
An instrument consisting of two or more sticks, clubs, or
rods connected by a rope, cord, wire, or chain.
A short length of wood or metal or similar material which,
when gripped in the hand, protrudes on either side of the fist. Such
prohibited instrument may or may not have spikes or short pointed
protrusions from either end.
A.
Obstructing streets. No person shall obstruct, loiter, cause a nuisance
or engage in any sport or exercise on any public street, sidewalk,
bridge or public ground within the City in such a manner as to:
(1)
Prevent or obstruct the free passage of pedestrian or vehicular traffic
thereon;
(2)
Prevent or hinder free ingress or egress to or from any place of
business or amusement, church, public hall or meeting place; or
(3)
Cause a nuisance by congregating and hindering the free passage of
pedestrian or vehicular traffic.
B.
Obstructing sidewalk prohibited. No person shall block any sidewalk
or bridge by obstructing the same so that it is impossible for a pedestrian
to travel along the sidewalk without leaving the sidewalk and walking
on adjacent property or on the street.
C.
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicated that
a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the City of Glenwood City.
To interfere with unobstructed travel by any means, including
but not limited to standing on the part of the walk that is fit for
travel or placing any object or vehicle whatsoever on such sidewalk.
Any sidewalk owned or maintained by the City. The term shall
not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
A.
Vagrancy and loitering generally prohibited. No person shall loiter,
loaf or lounge in or about any park, parkway, school ground or other
public ground or place in the City of Glenwood City between the hours
of 11:00 p.m. and 6:00 a.m. and no person or persons shall idly lounge,
loiter, hang about or loaf or in such manner congregate or assemble
upon any street, sidewalk, corner or alley or in or about any waiting
room or premises at any time in the City of Glenwood City so as to
become a nuisance or so as to obstruct, hinder or delay public travel
or so as to disturb or annoy others.
B.
Private property loitering prohibited.
(1)
No person shall loiter in or about any private premises or adjacent
doorways or entrances or upon private property held out for public
use, including but not limited to business or industry parking lots
or shopping malls, without invitation from the owner or occupant or
by any person in authority at such places. No person shall loiter
in or about the doorway, stairway, steps or entrance of any business
place or private residence without the expressed consent of the owner
thereof, or at any time other than usual business hours. Under this
subsection, "business place" shall include a public building at such
times that the same shall be closed for the usual and normal business
conduct thereat.
(2)
Upon being requested to move by any such person in authority or by
any police officer, a person shall immediately comply with such request
by leaving the premises or area thereof at the time of the request.
(3)
No person shall sit, lie, or otherwise recline upon or against any
parked motor vehicle without the expressed consent of the owner thereof,
whether such is parked upon a public street, alley, parking lot, driveway
or private premises.
(4)
No person shall stand or loiter on any roadway other than in a safety
zone if such act interferes with the lawful movement of traffic.
C.
Loitering or prowling prohibited. 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 appearance of a police or peace officer,
refuses to identify himself or manifestly endeavors to conceal himself
or any object. Unless flight by the person or other circumstances
make it impracticable, a police or peace officer shall, prior to any
arrest for an offense under this subsection, afford the person an
opportunity to dispel any alarm which would otherwise be warranted,
by requesting him to identify himself and explain his presence and
conduct. No person shall be convicted of an offense under this subsection
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 or peace officer at the time,
would have dispelled the alarm.
D.
Loitering by underage persons where alcohol beverage is dispensed.
(1)
Underage persons and intoxicants. No underage person shall enter,
remain or loiter in any public or private place where any fermented
malt beverage or other alcohol beverage is sold, dispensed, given
away or made available, unless accompanied by a parent, guardian or
spouse who has attained the legal drinking age.
(2)
Permitting loitering prohibited. No person of legal drinking age
shall permit any underage person to enter, remain or loiter in any
premises, public or private, where fermented malt beverages or other
alcohol beverages are served, sold, dispensed, given away or made
available, unless such underage person is accompanied by a parent,
guardian or spouse who has attained the legal drinking age.
E.
LOITER
NUISANCE
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the City of Glenwood City.
A.
Loud and unnecessary noise prohibited. It shall be unlawful for any
person to make, continue or cause to be made or continued any loud
and unnecessary noise. It shall be unlawful for any person knowingly
or wantonly to use or operate, or to cause to be used or operated,
any mechanical device, machine, apparatus or instrument for intensification
or amplification of the human voice or any sound or noise in any public
or private place in such manner that the peace and good order of the
neighborhood are disturbed or annoyed.
B.
Types of loud and unnecessary noises. The following acts are declared
to be loud, disturbing and unnecessary noises in violation of this
section, but this enumeration shall not be deemed to be exclusive:
(1)
Horns and signaling devices. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or public place in the City for longer than three seconds in any period
of one minute or less, except as a danger warning; the creation of
any unreasonably loud or harsh sound by means of any signaling device
and the sounding of any plainly audible device for an unnecessary
and unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any signaling
device when traffic is for any reason held up.
(2)
Radios, phonographs and similar devices. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph or other machine or device for the
producing or reproducing of sound in a loud and unnecessary manner.
The operation of any set, instrument, phonograph, machine or device
between the hours of 10:00 p.m. and 7:00 a.m. Sunday through Thursday
and between the hours of 11:00 p.m. and 7:00 a.m. on Friday and Saturday
evenings in a manner as to be plainly audible at the property line
of the building, structure or vehicle in which it is located shall
be prima facie evidence of a violation of this section. These times
may be changed with approval by the Common Council.
[Amended 6-6-2011 by Ord.
No. 2011-03]
(3)
Loudspeakers and amplifiers for advertising. The using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising or attracting attention of the public to any building
or structure. Announcements over loudspeakers can only be made by
the announcer in person and without the aid of any mechanical device.
(4)
Animals and birds. The keeping of any animal or bird which causes
frequent or long continued unnecessary noise.
(5)
Steam whistles. The blowing of any steam whistle attached to any
stationary boiler except to give notice of the time to begin or stop
work or as a warning of fire or danger or upon request of proper City
authorities.
(6)
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motorboat except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
C.
Exceptions. The provisions of this section shall not apply to:
(1)
Any vehicle of the City while engaged in necessary public business.
(2)
Excavations or repairs of streets or other public construction by
or on behalf of the City, county, or state at night when public welfare
and convenience render it impossible to perform such work during the
day.
(3)
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in nature.
D.
Permits for amplifying devices.
[Amended 6-6-2011 by Ord.
No. 2011-03]
(1)
Council approval required.
(a)
The use of loudspeakers or amplifying devices on the streets
or in the parks of the City of Glenwood City is prohibited unless
the party desiring to use such loudspeaker or amplifying device first
obtains approval from the Common Council.
(b)
Outdoor amplified performance shall not be permitted on private
property unless the party desiring to use such loudspeaker or amplifying
device first obtains approval from the Common Council.
(2)
Revocation of approval. The Chief of Police shall have the authority
to revoke such approval when he believes such loudspeaker or amplifying
device is becoming a nuisance because of the volume, the method in
which it is being used or the location in which it is being operated.
A.
Disorderly conduct prohibited. No person within the City of Glenwood
City shall:
(1)
In any public or private place engage in violent, noisy, riotous,
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 annoy or disturb any other person.
(2)
Intentionally cause, provoke or engage in any fight, brawl, riot
or noisy altercation.
(3)
With intent to annoy another, make a telephone call, whether or not
conversation ensues.
(4)
Indecently expose his or her person.
(5)
Be in any business or private structure, private vehicle or upon
any private grounds without the consent of the owner.
B.
Defecating or urinating in public places. It shall be unlawful for
any person to defecate or urinate outside of designated sanitary facilities,
upon any sidewalk, street, alley, public parking lot, park, playground,
cemetery or other public area within the City, or upon any private
property in open view of the public, or in the halls, rooms without
rest room facilities, stairways or elevators of public or commercial
buildings.[1]
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion or other disciplinary
procedures excluding him from attending any school located within
the City or any person not a student presently enrolled or not an
employee of such schools or not a parent or guardian of a student,
or not an otherwise authorized person, shall be present within any
school building or upon any school grounds without having first secured
authorization to be there from the principal or other person in charge
of the school building or school grounds, except while in direct route
to secure such authorization.
(2)
Any unauthorized person who shall come upon school property and refuse to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3)
"Authorized person" shall include:
(a)
Any person who is present at any school building or school grounds
for a purpose previously authorized by the school or its designee.
(b)
Any person transporting a student and who utilizes the driveway
specified for loading and unloading personnel.
(c)
Any person utilizing a designated area for attending an athletic
or other organized school event.
B.
Disorderly conduct on public school property.
(1)
No person shall, on any school property or building, engage in violent,
abusive, loud or otherwise disorderly conduct which causes or provokes
an immediate disturbance of public order or disturbs or annoys any
other person, nor shall a person intentionally engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
(2)
Non-students, students from schools other than the school on the
property or students from a school who are not in compliance with
the school system's published rules and regulations shall be considered
in violation of this section. The published rules and regulations
of the school system are incorporated as if fully set forth herein.
(3)
All entrances to the school buildings referred to in Subsection A shall be posted with a notice stating "Entry into School Building by Unauthorized Persons Prohibited."
(4)
"Unauthorized presence" shall include any vehicle that is found on
school property which has not received permission to be there. If
the occupants or owners are not on school property for some legitimate
business or activity or are parked in an area that regulates parking
to certain authorized vehicles, they are in violation. Such vehicle
may be issued a City citation that regulates parking or may be towed
away at the direction of the school principal or person in charge
of such school building. Law enforcement officers may also have any
vehicle towed away which, because of its location, creates a hazard
to life or property.[1]
C.
Loitering near school prohibited. No person not in official attendance
or on official school business shall enter into, congregate, loiter
or cause a nuisance in any school building in the City of Glenwood
City or upon any school district grounds or within adjacent posted
school zones on any day when such schools are in session.
D.
Possession of intoxicating liquor and fermented malt beverages. No
person shall possess intoxicating liquor or fermented malt beverages
while on any school property.
E.
LOITER
NUISANCE
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the City of Glenwood City.[2]
[2]
Editor's Note: Original § 11-2-9, Truancy, § 11-2-10, Failure to obey lawful order; resisting an officer, § 11-2-11, Possession of controlled substances, and § 11-2-12, Harassment, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). For truancy provisions see now § 262-4, Truancy.
