[Amended 8-17-2009 by Ord. No. 08-09-601; 10-16-2017 by Ord. No. 9-17-689; 7-21-2025 by Ord. No. 7-25-791]
A. 
Discharge of firearms regulated. No person, except a 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, BB gun or paintball gun, or bow and arrow of any description in his or her possession or under his or her control within the City of Monona.
(1) 
This subsection shall not apply:
(a) 
To ceremonial discharges as a part of a funeral, memorial services, or other ceremonial events, with approval of the Chief of Police or their designee.
(b) 
To flare guns when used to mark a location in an emergency situation.
(c) 
To athletic starter pistols for the purpose of starting a race or sporting event.
(d) 
To powder-actuated tools used for construction purposes.
B. 
Hunting prohibited. Hunting within the City of Monona is prohibited.
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 of Monona.
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 or its designee.
F. 
Throwing or shooting of arrows, stones 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 300 feet of any inhabited dwelling or building or any public park, square or enclosure.
(2) 
This subsection shall not apply:
(a) 
To the shooting or discharging of toy arrows or arrows which have a tip made of rubber or similar material.
(b) 
To a supervised archery range approved by the Common Council.
(c) 
Within the interior of a single-family dwelling.
G. 
Storage of gunpowder. No person shall keep or have, in any building or place owned or occupied by him or her, any greater quantity of gunpowder than 25 pounds for any period longer than 10 hours. All gunpowder shall be securely kept in a metallic canister with a metallic cap or cover, and no such canister shall be opened at night.
H. 
Definitions. For purposes of this section, "firearm" is defined as any instrumentality from or with which a shot, bullet, paintball or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gunpowder.
[Amended 12-5-2011 by Ord. No. 11-11-630; 8-6-2018 by Ord. No. 7-18-704]
A. 
Weapons in public buildings.
(1) 
Pursuant to § 943.13(lm)(c)4, Wis. Stats., no person shall enter or remain in any part of a building owned, occupied or controlled by the City of Monona while carrying a "weapon," as that term is defined in § 175.60(1)(j), Wis. Stats. This prohibition shall not apply to a person who leases residential or business premises in any such building or if the weapon is in a vehicle driven or parked in a parking facility.
(2) 
The City Administrator shall cause signs to be erected at all entrances to all such buildings, providing notice that no person is to enter or remain in any such building while carrying such a weapon. Such signs shall be in the form and location as provided in § 943.13(2)(bm), Wis. Stats.
(3) 
No person shall enter or remain in any part of any "educational facility," as that term is defined in § 101.123(1)(ae), Wis. Stats., educational facility grounds, or a building owned, occupied or controlled by the City of Monona, while carrying a "facsimile firearm," as that term is defined in § 941.2965(1), Wis. Stats. This prohibition shall not apply to a person who leases residential or business premises in any such building or if the firearm is in a vehicle driven or parked in a parking facility.
(4) 
Nothing in this section shall be construed to prohibit a peace officer or armed forces or military personnel armed in the line of duty or any person duly authorized by the Chief of Police to possess a weapon or facsimile firearm in any educational facility or public building. Notwithstanding § 939.22(22), Wis. Stats., for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.
(5) 
Nothing in this section shall be construed to authorize the carrying of any firearm or dangerous weapon contrary to §§ 941.23 or 941.235, Wis. Stats.
(6) 
Any person violating this section shall be subject to a forfeiture of up to $500 for each violation.
B. 
Possession, sale and manufacture of certain weapons prohibited.
(1) 
No person shall sell, manufacture, purchase, possess or carry metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles, a "numchuk" (also called a "nunchaku") or any similar weapon, a "cestus" or similar material weighted with metal or other substance and worn on the hand, a "churkin" (also called a "suriken") or any similar object intended to injure a person when thrown, a "sucbai" or similar weapon, a "manrikigusari" or a similar length of chain having weighted ends, or any other martial arts device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce injury or death to another person within the City of Monona.
(2) 
For the purpose of this section, the following definitions shall apply:
CHURKIN
A round throwing knife consisting of several sharp points protruding from a rounded disc.
NUMCHUK or NUNCHAKU
An instrument consisting of two or more sticks, clubs or rods connected by a rope, cord, wire or chain.
SUCBAI
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.
C. 
Reckless use of weapons.
(1) 
Acts prohibited.
(a) 
No person shall endanger another's safety by reckless conduct in the operation or handling of a firearm, air gun, knife, or bow and arrow.
(b) 
No person shall operate or go armed with a firearm, air gun, knife, or bow and arrow while he or she is under the influence of an intoxicant.
(c) 
No person shall intentionally point a firearm, air gun, knife, or bow and arrow at or toward another person.
(2) 
Reckless conduct defined. "Reckless conduct" consists of an act which creates a situation of unreasonable risk and high probability of death or great bodily harm to another and which demonstrates a conscious disregard for the safety of another and a willingness to take chances of perpetrating an injury.
A. 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A, Fireworks permit required, was repealed 2-5-2018 by Ord. No. 1-18-694.
B. 
State laws adopted. Section 167.10, Wis. Stats., regulating the sale and use of fireworks, exclusive of any penalty imposed thereby, is adopted by reference and made a part of this Code as if fully set forth herein.
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 of Monona 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. 
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:
NUISANCE
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 Monona.
OBSTRUCT
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.
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.
D. 
Free speech. This section shall not be interpreted as prohibiting any person from stopping on any sidewalk to talk or to make a speech, provided that such person shall not stand in such a location that it is impossible for any pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street. If two or more persons are engaged in talking while stopped on a sidewalk, they shall not stand in such locations as to completely prevent any pedestrian from passing them on the sidewalk.
A. 
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:
LOITER
To sit, stand, loaf, lounge, wander or stroll in an aimless manner, pause or remain in an area for no obvious reason.
NUISANCE
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 Monona.
B. 
Public property loitering prohibited.
(1) 
No person shall loiter in or about any public street, public sidewalk, street crossing, alley, bridge, public parking lot or other place of assembly or public use after being requested to move by any police officer.
(2) 
Upon being requested to move, 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 loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious conduct or any unlawful act.
(4) 
No person shall loiter in or about any school or public place at or near which children or students attend or normally congregate. As used in this subsection, "loiter" means to delay, to linger or to idle in or about any said school or public place without a lawful purpose for being present.
C. 
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 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 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 be 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.
D. 
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 law enforcement officer, refuses to identify himself/herself or manifestly endeavors to conceal himself/herself or any object. Unless flight by the person or other circumstances makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him or her to identify himself/herself and explain his or her presence and conduct. No person shall be convicted of an offense under this subsection if the law enforcement 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 law enforcement officer at the time, would have dispelled the alarm.[1]
[1]
Editor's Note: Original subsection (e), Loitering by underage persons where alcohol beverage is dispensed, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Loitering for purposes of prostitution prohibited. No person shall loiter in or near any thoroughfare or place open to the public in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested: that such person is a known prostitute or panderer; that such person repeatedly beckons to stop or attempts to stop, or engages male or female passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture. The violator's conduct must be such as to demonstrate a specific intent to induce, entice, solicit or produce another to commit an act of prostitution. No arrest shall be made for a violation of this subsection unless the sworn police 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. As used in this subsection:
(1) 
"Public place" 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 doorway and entrance to buildings or dwellings and the grounds enclosing them.
(2) 
"Known prostitute or panderer" means a person who within five years previous to the date of arrest for violation of this section had, within the knowledge of the sworn police officer, been convicted in any municipal court or circuit court in the State of Wisconsin of an offense involving prostitution.
F. 
No person shall congregate on any public sidewalk or on any part of a public street or street corner so as to obstruct the same, nor shall any person use any sidewalks or any part of a street as a place for vending, selling or dealing in merchandise, except as permitted in Chapter 404, Transient Merchants, of this Code.
[Amended 10-16-2017 by Ord. No. 9-17-689; 8-6-2018 by Ord. No. 7-18-705; 3-7-2022 by Ord. No. 1-22-746]
A. 
Noise disturbing the public peace prohibited. No person shall make, or assist in making, any noise tending to unreasonably disturb persons in the vicinity thereof, except as provided in Subsections C and D below.
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, 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 unreasonable 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 horn, whistle or other device; and the use of any signaling device when traffic is for any reason held up.
(2) 
Radios, phonographs, 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 manner which may tend to unreasonably disturb persons in the vicinity thereof. The operation of any set, instrument, phonograph, machine or device between the hours of 9:00 p.m. and 7:00 a.m. in a manner as to be plainly audible at the properly line of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) 
Loudspeakers, 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, 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 motor vehicle, steam engine, stationary internal combustion engine or motorboat except through a muffle or other device designed and manufactured to effectively prevent loud or explosive noises therefrom.
(7) 
Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or any other similar equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 9:00 p.m. on weekdays; provided, however, the Building Inspector shall have the authority, upon determining that the loss of inconvenience which would result to any party in interest would be extraordinary and of such nature as to warrant special consideration, to grant a permit for a period necessary within which time such work and operation may take place within the hours of 9:00 p.m. to 7:00 a.m.
(8) 
Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of that institution, or which disturbs or unduly annoys patients in the hospital. No person, while on public or private grounds adjacent to any building or while within any building in which a school or any class thereof is in session, shall willfully make or assist in the making of any noise or diversion which disturbs or tends to disturb the peace or good order and operation of such school session or class thereof.
(9) 
Light motor vehicles.
(a) 
It shall be unlawful for any person to cause noise levels from the operation of a light motor vehicle in excess of 80 dBA at any location within the corporate limits of the City of Monona. Measurement can be made at any distance greater than or equal to 15 feet from the closest approach to the vehicle.
(b) 
Notwithstanding the noise limit expressed in Subsection A above, it shall be unlawful for any person to operate a light motor vehicle such as to cause noise levels which may tend to unreasonably disturb persons in the vicinity thereof as a result of unnecessary rapid acceleration, deceleration, revving or tire squeal.
(c) 
Notwithstanding the noise limit expressed in Subsection A above, it shall be unlawful for any person to operate a light motor vehicle such as to cause noise levels which may tend to unreasonably disturb persons in the vicinity thereof as a result of an exhaust system in which:
[1] 
The original noise abatement devices have been physically altered causing them to be less effective in reducing noise; or
[2] 
The original noise abatement devices have been either removed or replaced by noise abatement devices which are not as effective in reducing noise as the original devices; or
[3] 
Devices have been added to the original noise abatement devices, such that noise levels are increased.
(d) 
For the purposes of this section a light motor vehicle shall mean any automobile, van, motorcycle, motor driven cycle, motor scooter or light truck with gross vehicular weight of less than 8,000 pounds.
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 renders 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.
(1) 
Permit required. The use of loudspeakers or electronic amplifying devices on the public streets or in the parks of the City of Monona, or outdoors on private property in furtherance of a commercial enterprise, is prohibited unless the party using, or permitting use of, such loudspeaker or amplifying device first obtains a permit.
(2) 
Entities shall apply for an amplification permit through the City Clerk at least 14 days prior to the event. As a condition of the application, the applying entity shall be required to make contact, either through mailed notice, digital communication, or other means, with residences within 200 feet of the subject property to notify them of the date and time of the public hearing on the permit application. If the entity applies for multiple amplified device events in one application, they shall be required to provide residents within the notification area with all of the dates of the amplified device usage in one notice. The City Clerk or their designee are authorized to issue permits for residential use of amplifying devices. Permits for the use of an amplifying device in furtherance of a commercial enterprise shall only be issued by the License Review Committee, or City Administrator, as follows. The City Clerk will forward the application to the License Review Committee for review and authorization. If there are extenuating circumstances as to why the applicant is unable to wait until the next regularly scheduled meeting of the License Review Committee, then the City Clerk may submit the application to the City Administrator or their designee for approval or denial of the permit. The Parks and Recreation Director or their designee are authorized to issue permits for use of amplifying devices in the City parks.
(3) 
No approval authority, either individually or in combination, may issue more than 60 days of amplification permits for a single park, property or street location within a calendar year.
[Amended 8-7-2023 by Ord. No. 7-23-768]
(4) 
Grounds or reasons for denial or allowance. The permit application may be denied if the circumstances demonstrate a reasonable likelihood the use of such loudspeakers or amplifying devices would unreasonably disturb the general public or persons in the vicinity, whether by volume, method, tone, pitch, location, time or other factors.
(5) 
The Chief of Police, or designee, shall have the authority to summarily revoke such permit when they determine such loudspeaker or amplifying device is becoming a nuisance or unreasonably disturbing persons in the vicinity because of the volume, method, tone, pitch, location, or factors.
(6) 
Time restrictions. The City Clerk shall not issue a permit to use a loudspeaker or amplifying device before the hours of 9:00 a.m. or after 9:00 p.m. Special amplification permits may be issued by the City Administrator for City-sponsored events. The permit shall indicate the special timeframe for amplification authorized under the special permit. No permit shall be granted to anyone who, in the determination of the issuing authority, intends to use said loudspeaker or amplifying device in such a manner or for such a purpose as to constitute a nuisance.
A. 
Disorderly conduct prohibited. No person within the City of Monona 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 restroom facilities, stairways or elevators of public or commercial buildings.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Unauthorized presence.
(1) 
No student who is under suspension, expulsion or other disciplinary procedures excluding him or her 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 adjacent thereto 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 refuses 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 be:
(a) 
Any person who is present at any school building or school grounds for the 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) 
Nonstudents, 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 Person 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 summons 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.
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 Monona or upon any Monona Grove 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. 
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.
LOITER
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.
NUISANCE
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 Monona.
[Amended 8-17-2009 by Ord. No. 08-09-605; 3-20-2017 by Ord. No. 2-17-686]
A. 
Possession of controlled substances. It is unlawful for any person to possess a controlled substance, other than a controlled substance classified in Schedule I and II which is a narcotic drug, unless the substance was obtained directly from or pursuant to a valid prescription or order of a practitioner, as defined in § 961.01(19), Wis. Stats., while acting in the course of his or her professional practice, or except as otherwise authorized by this Code.
B. 
Possession and use of marijuana.
(1) 
No person shall possess or use marijuana, as defined in the Wisconsin Statutes, unless it was obtained directly from or pursuant to a valid prescription or order of a practitioner, as defined in § 961.01(19), Wis. Stats., while acting in the course of his or her professional practice, or except as otherwise authorized by the Wisconsin Statutes.
(2) 
Subsection B(1) shall not apply to marijuana use by individuals 21 years of age or older while in or on (indoors or outdoors) either their personal residence or as a lawful invite of the owner of the residence
(3) 
Subsection B(1) shall not apply to marijuana possession by individuals 21 years of age or older at any location.
C. 
Penalty. Any person violating this section shall be subject to a forfeiture as set forth in the City's Fee, Forfeiture and Deposit Schedule.
D. 
Definitions. As used in this section the following terms shall have the definitions given in this subsection:
POSSESS
To have actual physical control of a substance which the person knows, believes or should reasonably believe is a controlled substance whose possession is prohibited by law. This definition is intended to be interpreted in a manner set forth in Section 6030 of the Wisconsin Criminal Jury Instructions.
USE
To take any action intended to inject, ingest, inhale or otherwise introduce into the human body a controlled substance whose possession is prohibited by law.
No owner, lessee or occupant of any room or hall used for public meetings shall permit the approaches, aisles, halls, passageways or aisles leading to or between the seats to be obstructed with any benches, chairs, stools or by any other means whereby the free passage to, through or from such room shall be in any manner impeded.
Any person who hires a taxicab at any place and fails to pay the fare for such service upon exiting the taxicab in the City shall be subject to the penalties provided in § 1-4 of the Code of the City of Monona.
A. 
Unlawful to place articles on sidewalk. Except as provided in this section, no person shall place or deposit on any sidewalk or terrace or in any roadway, any cask, bottles, cans or other substances or materials, excepting newspapers or magazines on sale and stands for the sale thereof, when consent therefor has been obtained from the occupant or owner of the abutting property and when the same are placed only upon such portion of the sidewalk or terrace as shall be designated therefor by the Chief of Police.
B. 
Merchandise not to be left on sidewalk. No person shall place and leave for more than two hours on the outer edge of the sidewalk in front of his or her store or building dry goods, wares or merchandise for purposes of loading and unloading or in business districts in actual use for merchandising purposes.
[Added 8-17-2009 by Ord. No. 08-09-603]
A. 
It shall be unlawful for any person to sleep or camp between the hours of 11:00 p.m. and 6:00 a.m., whether inside or outside of a vehicle, in or on any:
(1) 
Public road.
(2) 
Public property.
(3) 
Private property, including but not limited to beaches, vacant lots, parking areas and commercial properties, unless the person sleeping or camping in or on such private property:
(a) 
Is an owner or lessee of such property or the house guest of such owner or lessee; or
(b) 
Has the permission of the owner of such property, his or her agent or the person in lawful possession of such property, and suitable sanitary facilities are available on such property to the person sleeping or camping in or on such property.
B. 
Notwithstanding the above prohibition against sleeping on a public road, it is not the intent of this section to prohibit persons, when necessary for their safety or the safety of others, to pull off the public road and sleep, whether inside or outside their vehicles.
C. 
Anyone found to have violated this section shall be subject to the penalty as set forth in § 1-4 of this Code.
[Added 8-17-2009 by Ord. No. 08-09-603]
A. 
No person shall inhale any substance or vapor, including but not limited to those containing ketone, aldehydes, organic acetates, ether chlorinated hydrocarbons, with intent to cause intoxication, stupefaction or hallucination, while the person is on a street, sidewalk, alley, public right-of-way, public park, other publicly owned facility, or premises open to the general public, whether the premises is publicly or privately owned and whether or not a fee is charged for the use of the premises.
B. 
Anyone found to have violated this section shall be subject to the penalty as set forth in § 1-4 of this Code.
[Added 8-21-2023 by Ord. No. 8-23-769[1]
A. 
Purpose. Pedestrians are increasingly using streets in ways for which the roads were not designed. These uses include approaching vehicles when in use or staying upon medians for purposes other than crossing the street. These activities create safety hazards for pedestrians and distract drivers, making automobile crashes more likely. This section is intended to decrease the safety hazards by restricting such activity. These safety concerns are most acute on the busiest streets within the City of Monona, identified as arterial streets or highways, and some streets intersecting with those arterial streets. This section applies to the streets identified in Subsection G herein.
B. 
Definitions. For the purpose of this section, the following definitions shall apply:
ARTERIAL STREETS
For purposes of this section, Broadway, South Towne Drive, Monona Drive, and Stoughton Road.
IN OPERATION
Any time a vehicle has an operator, as defined in Wis. Stat. § 340.01(41), within it.
PEDESTRIAN
Any person a foot or any person in a wheelchair, either manually or mechanically propelled, or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person, but does not include any person using an electric scooter or an electric personal assistive mobility device.
RIGHT-OF-WAY
The area of City property that is intended for public travel through the city and access to properties. Typical City rights-of-way can be anywhere from 12 feet to 120 feet wide. In addition to travel, the right-of-way is also used for both city and private utilities to provide services to properties.
C. 
No person shall approach any vehicle in operation within the right-of-way of any arterial street (Broadway, South Towne Drive, Monona Drive, or Stoughton Road).
D. 
In addition, no person shall approach any vehicle in operation within the right-of-way of any street intersecting Broadway, South Towne Drive, Monona Drive, or Stoughton Road where traffic signals are present, but only within the first 200 feet of the intersection, as measured along the center line of the intersecting street from the point the intersecting street touches the right-of-way of the arterial street.
E. 
No person shall be upon a median of any street unless that person is in the process of crossing the highway in a safety zone or crosswalk. It is prima facie evidence of a violation of this section if a person stays on the median through two consecutive opportunities to cross the highway in a legal manner. This may include a change in the traffic control signal or lack of traffic, as applicable. After such two consecutive opportunities, such person shall not be considered to be "using the safety zone or crosswalk to cross the highway" for purposes of the exception in Subsection H(2) below.
F. 
No operator of a vehicle shall park, stop or leave standing a vehicle on Broadway, South Towne Drive, Monona Drive, or Stoughton Road where prohibited, or operate said vehicle in any manner, for the purpose of responding to, or interacting with, persons violating Subsection C.
G. 
No operator of a vehicle shall park, stop or leave standing a vehicle within 200 feet of any traffic signalized intersection where prohibited, or operate said vehicle in any manner, for the purpose of responding to, or interacting with, persons violating Subsection D.
H. 
Exceptions. This section does not apply to:
(1) 
Persons on the sidewalk;
(2) 
Persons using the safety zone or crosswalk to cross the street;
(3) 
Persons engaged in law enforcement or rescue activities, including providing assistance to an injured or disabled vehicle or person;
(4) 
Persons entering a vehicle as an invited passenger where it is lawful to do so, including buses, rideshares, and activity permitted under Section 346.29(1), Wisconsin Statutes (taxis);
(5) 
Persons engaged in towing, repair or maintenance activities on the street or boulevard under the direction or authority of the City of Monona, Dane County, or the State of Wisconsin;
(6) 
Crossing guards;
(7) 
Streets or portions thereof that have been closed pursuant to a street use permit or other express authorization from the city; or persons who receive authorization by the City of Monona Department of Public Works.
I. 
Anyone found to have violated this section shall be subject to the penalty as set forth in § 1-4 of this Code.
[1]
Editor's Note: This ordinance provided for the renumbering of former §§ 335-17 through 335-19 as §§ 335-18 through 335-20; and former §§ 335-20 through 335-26 as §§ 335-25 through 335-31.
[Added 8-17-2009 by Ord. No. 08-09-598]
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 City of Monona.
B. 
Definitions. As used in this section, the following terms shall have the meanings given:
AGGRESSIVE OR INTIMIDATING BEHAVIOR
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.
INTERSECTION
Has the meaning designated in § 340.01(25), Wis. Stats.
KNOWN PANHANDLER
A person who within one year previous to the date of arrest for violation of this section has been convicted in a court of competent jurisdiction of any civil or criminal offense involving panhandling.
PUBLIC PLACE or PLACE OPEN TO THE PUBLIC
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.
THREATENING CONVERSATION OR GESTURE
A conversation, 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.
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 or 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 passersby; that such person engages passersby 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 passerby for a handout after the passerby 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 passerby; or that such person utilizes or attempts to utilize bodily gestures or physical contact to impede the path of any passersby, including but not limited to unwanted touching or blocking the path or impeding the free movement of the passersby. 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. 
It shall be unlawful for any person to procure or attempt to procure a handout within 50 feet of an automatic teller machine (ATM) or within 25 feet of any open sidewalk cafe.
F. 
Anyone found to have violated this section shall be subject to the penalty as set forth in § 1-4 of this Code.
[Added 5-20-2013 by Ord. No. 5-13-645]
A. 
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:
BULLYING
A form of harassment, defined as an intentional course of conduct which is reasonably likely to intimidate, emotionally abuse, slander, threaten or intimidate another person and which serves no legitimate purpose.
COURSE OF CONDUCT
A pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
HARASSMENT
Any conduct, whether verbal, physical, written or by means of any mode of communication, which:
(1) 
Is prohibited by § 947.01, 947.012, 947.0125 or 947.013, Wis. Stats.; or
(2) 
Is any intentional course of conduct which is likely to create an intimidating, hostile or offensive environment, and which serves no legitimate purpose.
B. 
Prohibition. It shall be unlawful for any person to engage in any bullying or harassment of a person or induce another person to engage in such bullying or harassment.
C. 
Retaliation prohibited. No person shall retaliate against any person who reports any conduct which is prohibited by this section.
D. 
Constitutionally protected activity. This section shall not be construed to apply to any constitutionally protected activity or speech.
E. 
Parental responsibility. It shall be unlawful for any custodial parent or guardian of any unemancipated person under 18 years of age to allow or permit such person to violate the provisions of Subsection B above. The fact that, prior to the present offense, a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of Subsection B by the same minor occurring within 90 days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
F. 
Penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided in § 1-4 of this Code.
[Added 6-20-2016 by Ord. No. 6-16-679]
A. 
Adoption of § 961.14(4)(tb), Wis. Stats. Pursuant to § 66.0107(1), Wis. Stats., which authorizes the enactment and enforcement of an ordinance to prohibit the possession of a controlled substance specified in § 961.14(4)(tb), Wis. Stats., the City of Monona does hereby adopt and incorporate into this section of the Monona Code, § 961.14(4)(tb), Wis. Stats.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DELIVER
The same meaning given in § 961.01(6) Wis. Stats., with respect to a controlled substance or controlled substance analog.
DISTRIBUTE
Has the same meaning given in § 961.01(9), Wis. Stats. with respect to a controlled substance or controlled substance analog.
C. 
Prohibited sale, use and possession. It shall be unlawful for any person to use, possess, sell, publicly display for sale or attempt to sell, give, deliver, distribute or barter any one or more of the following chemicals, whether under the common street or trade names of "Spice," "K2," "Genie," "Yucatan Fire," "Blaze," "Scubby Snacks," "Red X Dawn," "Zohia," "Spike Diamond," "Route 69," "Smoke XXXX," "Citron," "fake" or "new" marijuana, or by any other name, label or description as set forth in § 961.14(4)(tb), Wis. Stats.
D. 
Medical and dental use allowed. Acts prohibited under Subsection C shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist or other medical health professional authorized to direct or prescribe such acts, provided use is permitted under state and federal laws and the practitioner is acting in the course of his or her professional practice.
E. 
Penalties.
(1) 
Any person violating this section shall be subject to the penalty as provided in § 1-4 of this Code. Each day a violation continues constitutes a separate offense.
(2) 
Any commercial establishment displaying or offering synthetic cannabinoids for sale shall be subject to the penalty as provided in § 1-4 of this Code. Each day a violation continues constitutes a separate offense.
(3) 
Violation of this section by a commercial establishment is a public nuisance.