[Adopted as Title 11, Ch. 2, of the 1993 Code of Ordinances]
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 or bow and arrow of any description or have any such firearm, rifle, gun or bow and arrow in his possession or under his control within the Village of Howards Grove, unless it is unloaded and lawfully enclosed or unless done pursuant to a valid concealed carry license. Provided that this subsection shall not prevent the firing or discharging of BB guns upon private premises by persons over 16 or under the direct personal supervision of a parent or guardian. It is not a violation of this section for a firearm, bow and arrow or other implement to be discharged if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in § 939.45, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original Sec. 11-2-1(b), Hunting prohibited, of the 1993 Code of Ordinances and which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Shooting into Village limits. No person shall in the territory adjacent to the Village discharge any firearm in such manner that the discharge shall enter or fall within the Village of Howards Grove.
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 Village Board where proper safety precautions are taken.
D. 
Explosive devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the Village without first obtaining a permit to do so from the Village Board.
E. 
Throwing or shooting of 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 or other means within 300 feet of any inhabited dwelling (other than one owned by such person) 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 Village Board.
(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.[2]
[2]
Editor's Note: Original Sec. 11-2-2, Carrying concealed weapons prohibited; certain weapons prohibited, of the 1993 Code of Ordinances and which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Definitions. In this section the following terms shall have the meanings indicated:
AIRCRAFT
Has the meaning given under § 114.002(3), Wis. Stats.
ENCASED
Enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.
FIREARM
A weapon that acts by force of gunpowder.
HIGHWAY
Has the meaning given under § 340.01(22), Wis. Stats.
MOTORBOAT
Has the meaning given under § 30.50(6), Wis. Stats.
ROADWAY
Has the meaning given under § 340.01(54), Wis. Stats.
UNLOADED
Any of the following:
(1) 
Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.
(2) 
In the case of a cap lock muzzle-loading firearm, having the cap removed.
(3) 
In the case of a flintlock muzzle-loading firearm, having the flashpan cleaned of powder.
VEHICLE
Has the meaning given under § 340.01(74), Wis. Stats., and includes a snowmobile, as defined under § 340.01(58a), Wis. Stats.
B. 
Prohibitions; motorboats and vehicles; highways and roadways.
(1) 
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(2) 
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(3) 
Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
(4) 
Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet from the center of a road.
(5) 
A person who violates Subsection B(1) through (4) above is subject to a forfeiture pursuant to § 1-4 of this Code.
C. 
Exceptions.
(1) 
Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
(a) 
A peace officer, as defined under § 939.22(22), Wis. Stats.
(b) 
A member of the United States Armed Forces.
(c) 
A member of the National Guard.
(2) 
Subsection B(1), (2) and (3) do not apply to the holder of a scientific collector permit under § 29.614(3), Wis. Stats., who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.
(3) 
Subsection B(2) and (3) do not apply to the holder of a permit under § 29.193(2), Wis. Stats., who is hunting from a standing automobile in accordance with that subsection.
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 Village of Howards Grove 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 Village of Howards Grove.
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 Village. 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 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 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 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.
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 or manifestly endeavors to conceal himself 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 to identify himself and explain his 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.
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. 
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.
[1]
[1]
Editor's Note: The definition of “nuisance,” which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Soliciting. No person shall loiter in or near any thoroughfare or public place 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 sworn law enforcement officer first affords such persons 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, the following terms shall have the meanings indicated:[2]
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 law enforcement officer, been convicted in any municipal court or circuit court in the State of Wisconsin of an offense involving prostitution.
PUBLIC PLACE
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]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 is 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, 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 Village 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, similar devices. The using, operating or permitting to be played, used or operated 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 property 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 Village authorities.
(6) 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat 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 6:30 a.m. and 10:00 p.m. on weekdays; provided, however, that the Village President 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 10:00 p.m. to 6:30 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, provided that conspicuous signs are displayed in those streets indicating a school, hospital, church 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Exceptions. The provisions of this section shall not apply to:
(1) 
Any vehicle of the Village while engaged in necessary public business.
(2) 
Excavations or repairs of streets or other public construction by or on behalf of the Village, 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 Village of Howards Grove is prohibited unless the party desiring to use such loudspeaker or amplifying device first obtains a permit from the Village Board.
(2) 
Grounds or reasons for denial or allowance. The Village Board shall have the authority to revoke such permit when it 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 Village Board shall not grant a permit to use an outdoor loudspeaker or amplifying device before the hour of 9:00 a.m. or after 1:00 a.m. No permit shall be granted to anyone who, in the opinion of the Village Board, uses said loudspeaker or amplifying device in such a manner or for such a purpose as to constitute a nuisance.
E. 
Stationary noise limits.
(1) 
No person shall operate, or cause to be operated, on private property any source of sound in such a manner as to create a sound level which exceeds the following limits when measured at any point beyond 25 feet from the boundary line of the property which constitutes the noise source:
(a) 
Seventy-five dBA between the hours of 7:00 a.m. and 7:00 p.m.
(b) 
Seventy dBA between the hours of 7:00 p.m. and 7:00 a.m., except as stated in Subsection E(1)(a) when the standard time is advanced.
(2) 
Sound levels under this subsection shall be measured with a Type 1 sound level meter manufactured according to standards prescribed by the American National Standards Institute in Specification S1.4. Measurements shall be made using an "A" weighted network of the sound level meter. Under this subsection, noises capable of being accurately measured with such equipment shall be deemed to be those noises which cause fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Disorderly conduct prohibited. No person within the Village of Howards Grove 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.[1]
[1]
Editor's Note: Original Sec. 11-2-7(a)3, regarding making a telephone call with intent to annoy another, of the 1993 Code of Ordinances and which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now 290-13B.
(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 Village, 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Subsection A(3).
A. 
Unauthorized presence.
(1) 
No student who is under suspension, expulsion, or other disciplinary procedures excluding him from attending any school located within the Village 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) 
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 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 Village 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 Village of Howards Grove or upon any School District grounds or within 200 feet of any public school ground 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 Village of Howards Grove.
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 law enforcement 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 law enforcement officer 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 duty, or to in any way interfere with or hinder or prevent him from discharging his 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 or to fail to obey the order or direction of such officer while such officer is acting in his official capacity in carrying out his duties.
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[1] which is a narcotic drug, unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this Code of Ordinances.
[1]
Editor's Note: See §§ 961.14 and 961.16, Wis. Stats.
B. 
Possession of marijuana.
(1) 
No person shall possess marijuana, as defined in § 961.01(14), 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
For purposes of this section, "practitioner" means:
(a) 
A physician, dentist, veterinarian, podiatrist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in the State of Wisconsin.
(b) 
A pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in the State of Wisconsin.
(3) 
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, unless the charges are dismissed or the District Attorney declines to prosecute the case.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 commits 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 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.
All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the Village, except as provided by state law. Any law enforcement officer of the Village may seize anything devised solely for gambling or found in actual use for gambling within the Village and dispose thereof after a judicial determination that such device was used solely for gambling or found in actual use for gambling.
A. 
Finding and intent.
(1) 
Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.
(2) 
It is the intent of this section not to impose a criminal penalty but rather to serve the Village's compelling interest to promote, protect, and improve the health, safety, and welfare of the citizens of the Village. To that purpose, the Village has established areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence.
B. 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:
CHILD
A person less than the age of 16 for the purposes of this section.
DESIGNATED OFFENDER
Any person who is required to register under § 301.45, Wis. Stats., for any sexual offense against a child or any person who is required to register under § 301.45, Wis. Stats., and who has been designated a Special Bulletin Notification (SBN) sex offender pursuant to § 301.46(2) and (2m), Wis. Stats.
MINOR
A person less than the age of 18.
PERMANENT RESIDENCE
A place where the person abides, lodges, or resides for 14 or more consecutive days.
TEMPORARY RESIDENCE
A place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address or a place where the person routinely abides, lodges, or resides for a period of four or more consecutive or non-consecutive days in any month and which is not the person's permanent residence.
C. 
Designated offender residence prohibition.
(1) 
Residence prohibition. No designated offender shall be permitted to reside in the Village of Howards Grove, unless such person was domiciled in the Village of Howards Grove at the time of the offense resulting in the person's most recent conviction requiring registration under § 301.45, Wis. Stats., or being designated a Special Bulletin Notification (SBN) sex offender pursuant to § 301.46(2) and (2m), Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Prohibited location of residence. It is unlawful for any designated offender to establish a permanent residence or temporary residence within 2,000 feet of any school, licensed day-care center, park, recreational trail, playground, place of worship, or any other place designated by the Village where children are known to congregate.
(3) 
Measurement of distance.
(a) 
For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent residence or temporary residence to nearest outer property line of a school, licensed day-care center, park, recreational trail, playground, place of worship, or any other place designated by the Village where children are known to congregate.
(b) 
The Village Clerk-Treasurer shall maintain an official map showing prohibited locations as defined by this section. The Village Clerk-Treasurer shall, with input and final approval from the Village Board, update the map at least annually to reflect any changes in the location of prohibited zones. These shall be designated on the map as child safety zones.
(4) 
Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children less than 18 years of age, such as distributing candy or other items to children. Holiday events in which the offender is the parent or guardian of the children involved, and no non-familial children are present, are exempt from this subsection. "Participation" is to be defined as actively taking part in the event.
(5) 
This section is inapplicable to sexually violent persons who are released under Chapter 980 of the Wisconsin Statutes.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Penalties; exceptions.
(1) 
Penalties. A person who violates any provision of this section shall be punished by a forfeiture as set forth in § 1-4. Each day a person maintains a residence in violation of this section constitutes a separate violation. The Village of Howards Grove may also seek equitable relief.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Exceptions. A designated offender residing within a prohibited area as described in Subsection C does not commit a violation of this section if any of the following apply:
(a) 
The person established the permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats., before the effective date of this section.
(b) 
The person is a minor and is not required to register under § 301.45 or 301.46, Wis. Stats.
(c) 
The school, licensed day-care center, park, recreational trail, playground or place of worship was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45. Wis. Stats.
(d) 
The residence is also the primary residence of the person's parents, grandparents, siblings, spouse or children, provided that such parent, grandparent, sibling, spouse or child established the residence at least two years before the designated offender established residence at the location.
E. 
Property owners prohibited from renting real property to designated offenders; penalties.
(1) 
Rental. It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence pursuant to this section, if such place, structure, or part thereof, trailer or other conveyance is located within a prohibited location zone described in Subsection C and not subject to an exception set forth in Subsection D above.
(2) 
Penalties. A property owner's failure to comply with this subsection shall constitute a violation of this section and shall subject the property owner to the penalties set forth in Subsection D.
F. 
Appeal. The above two-thousand-foot requirements may be waived upon approval of the Village Board through appeal by the affected party. Such appeal shall be made in writing to the Village Clerk-Treasurer, who shall forward the request to the Village Board, which shall receive reports from the law enforcement official on such appeal. The Village Board shall convene and consider the public interest as well as the affected party's presentation and concerns. After deliberation, the Village Board provides its decision in writing via the minutes or otherwise to the law enforcement official for their information and action. A written copy of the decision shall be provided to the affected party.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Interpretation. The provisions of this section are considered minimum requirements. Where the provisions of this section impose greater restrictions than any statute or other regulation, the provisions of this section shall apply. Where the provisions of any statute or other regulation impose greater restrictions, the provisions of the statute or regulation shall prevail.