A. 
Discharge of firearms regulated. No person, except an authorized police officer, shall discharge any firearm within the City, provided that the Council may issue permits to a duly organized gun club to engage in target practice within the City at times and places designated by the Chief of Police.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Hunting prohibited. Hunting within the City is prohibited, but the Chief of Police may issue written permits to owners or occupants of private premises to hunt or shoot on such premises if the Chief of Police finds such privileges necessary for the protection of life or property, and subject to such safeguards as he/she may impose for the safety of the lives and property of other persons within the City of Fox Lake.[2]
[2]
Editor's Note: Original § 11-2-1(c), Shooting into City limits, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
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.
D. 
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.
E. 
Throwing or shooting of arrows, stones, or other missiles prohibited.
(1) 
No person shall throw or shoot any object, arrow, stone, snowball or other missile or projectile, by hand or by any other means, at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the City.
(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.
F. 
Definitions. 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 of whether the propelling force is provided by air, spring or other similar mechanical device, or gunpowder.
[Amended 11-2-2011[1]]
A. 
Definitions. The following definitions shall apply in the interpretation and the enforcement of this section:
CONTROLLED-ACCESS FACILITY
A facility or area that has designated entrances for ingress and egress controlled by a door, gate, attendant or other means to limit entry while the facility is open and can be locked or secured when closed, or in the instance of temporary events of less than three weeks, designated entrances may be either secured when closed or the controlled-access facility removed at the termination of the temporary event.
FIREARM
A weapon that acts by force of gunpowder.
LAW ENFORCEMENT
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.
B. 
In addition to the provisions of the Wisconsin Statutes enumerating places where the carrying of a weapon or a firearm is prohibited, including exceptions thereto, it shall be unlawful for any person other than a law enforcement officer or other City officer or official designated by the City of Fox Lake Chief of Police to enter any City-owned municipal building, any and all enclosed park shelters, or any other controlled-access facilities owned or operated by the City of Fox Lake, whether now in existence or later constructed or leased, while carrying a weapon or firearm.
C. 
It shall be unlawful for any person other than a law enforcement officer to enter any building, facility, or location open to the public that is posted as a no firearm or concealed weapons location while possessing, carrying, or concealing a firearm or weapon, whether with or without a state permit.
D. 
Signs meeting the requirements of § 943.13(2)(bm)1, Wis. Stats., shall be posted in prominent places near public entrances of all buildings, structures or locations that restrict or prohibit firearms or concealed weapons.
E. 
Licensed premises selling alcohol.
(1) 
Signs of at least five inches by seven inches in size shall be posted in prominent places near public entrances to all licensed premises selling alcohol for on-premises consumption to advise patrons that:
(a) 
Firearms are prohibited on such premises except with a valid concealed weapons permit pursuant to § 941.237(2), Wis. Stats.
(b) 
Those with such a permit cannot be served alcohol if carrying a concealed weapon pursuant to § 941.237(3)(cx), Wis. Stats.
(2) 
Licensees that prohibit all firearms and concealed weapons on the premises and post signs complying with Subsection D above shall be exempt from this requirement.
(3) 
The City Clerk shall have signs meeting these requirements produced and available for licensees. Licensees shall post such signs or signs substantially similar of comparable size, font, and content.
F. 
Violations of this section are subject to the general penalty provisions of this Code in § 1-4.[2]
[2]
Editor's Note: Original § 11-2-3, Safe use and transportation of firearms and bows, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See § 167.31, Wis. Stats., adopted by reference in § 375-1 of this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person shall sell, expose or offer for sale, use, keep, possess, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the City unless he/she shall be authorized by a fireworks permit as provided in Chapter 275, Fireworks, of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all fireworks, rockets or similar missiles containing explosive fuel.
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 Fox Lake 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:
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 Fox Lake.
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. 
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 law enforcement 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.
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 conducted thereat.
(2) 
Upon being requested to move by any such person in authority or by any law enforcement 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 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 make it impracticable, a law enforcement 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/her to identify himself/herself and explain his/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 § 11-2-6(d), 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). See § 125.07, Wis. Stats., adopted by reference in § 314-1 of this Code.
D. 
Definition. As used in this section, "loiter" shall mean 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Soliciting.
(1) 
No person shall loiter in or near any thoroughfare or public area 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 are: that such person is a known prostitute or panderer or 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 procure another to commit an act of prostitution. No arrest shall be made for a violation of this subsection unless the law enforcement 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.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
As used in this subsection, the following terms shall have the meanings indicated:
KNOWN PROSTITUTE OR PANDERER
A person who, within five years previous to the date of arrest for violation of this subsection, 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.
PUBLIC AREA
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.
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 that persons owning, using or occupying property in 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. 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 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.
(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 10:00 p.m. on weekdays; provided, however, that the Chief of Police shall have the authority, upon determining that the loss or 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 10:00 p.m. to 7:00 a.m.
(8) 
Schools, courts, churches and 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, provided that conspicuous signs are displayed in those streets indicating a school, hospital or court street. 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.
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.
(1) 
Permit required. The use of loudspeakers or amplifying devices on the streets or in the parks of the City of Fox Lake is prohibited unless the party desiring to use such loudspeaker or amplifying device first obtains a permit from the Chief of Police.
(2) 
Revocation of permit. The Chief of Police shall have the authority to revoke such permit when the Chief of Police 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.
(3) 
Time restrictions. The Chief of Police shall not grant a permit to use a loudspeaker or amplifying device before the hour of 9:00 a.m. or after 10:00 p.m. No permit shall be granted to anyone who, in the opinion of the Chief of Police, uses 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 Fox Lake 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) 
Indecently expose his or her person.
(4) 
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 designed 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]
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 from attending any school under the jurisdiction of the Fox Lake Board of Education located within the City or any person not a student presently enrolled or not an employee of such school 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) 
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 public school building in the City of Fox Lake 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. 
Minibikes and snowmobiles prohibited. It shall be unlawful to use or operate minibikes, snowmobiles, or other off-road vehicles upon any school grounds under the jurisdiction of the Fox Lake Board of Education except upon or along such trails as may from time to time be authorized by said Board of Education for such operation.
F. 
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 Fox Lake.
A. 
Lawful orders. It shall be unlawful for any person to fail to obey the direction or order of a law enforcement officer while such police officer is acting in an official capacity in carrying out his or her duties.
B. 
Resisting or interfering with officer prohibited. It shall be unlawful for any person to resist or in any way interfere with any police officer or member of the Police Department or any person called to assist such officer, or to threaten, resist or interfere with such officer or person or to advise or encourage any other person to resist or interfere with such officer or person in the discharge of his/her duty, or to in any way interfere with or hinder or prevent him/her from discharging his/her duty as such officer or assistant, or to offer or endeavor to do so, or to in any manner assist any person in the custody of any law enforcement officer to escape or to attempt to escape from such custody, or to try to persuade any person to escape from the custody of such officer, or to rescue or attempt to rescue any person so in custody.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
No person shall possess 25 grams or less of marijuana, as defined in § 961.01, Wis. Stats., unless it was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by Ch. 961, Wis. Stats.
B. 
For purposes of this section, "practitioner" shall be defined as provided in § 961.01(19), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
This section does not apply to any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of any amount of marijuana, in the State of Wisconsin.
[Added 8-2-2005]
A. 
Definitions.
(1) 
The definition of "drug paraphernalia" stated in § 961.571, Wis. Stats., is hereby adopted by reference.
(2) 
The definition of "controlled substance" as stated in Ch. 961, Wis. Stats., is hereby adopted by reference.
B. 
Possession of drug paraphernalia prohibited. No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance.
A. 
Harassment. No person, with intent to harass or intimidate another person, shall do any of the following; each instance shall be considered a separate violation:
(1) 
Strike, shove, kick or otherwise subject the person to physical contact or attempt or threaten to do the same.
(2) 
Engage in a course of conduct or repeatedly commit acts which harass or intimidate the person and which serve no legitimate purpose.
B. 
Harassing or obscene telephone calls. Whoever commits any of the following acts shall be subject to the general penalty as provided in § 1-4 of this Code of Ordinances:
(1) 
Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious or indecent.
(2) 
Makes a telephone call, whether or not conversation ensues, with the intent to abuse, threaten or harass any person at the called number or numbers.
(3) 
Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers.
(4) 
Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers.
(5) 
Knowingly permits any telephone under his control to be used for any purpose prohibited by this section.
(6) 
In conspiracy or concerted action with other persons, makes repeated calls or simultaneous calls solely to harass any person at the called number or numbers.
No person shall have or permit on any premises owned or occupied by him/her any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fenced in such manner as to prevent injury to any person, and any cover shall be of a design, size and weight that the same cannot be removed by small children.