A.
Unless prohibited by state and federal law, persons may carry exposed
firearms or dangerous weapons in the Village of Spencer, and they
may further carry concealed firearms or dangerous weapons in the Village
of Spencer with a valid permit or license.
(1)
"Dangerous weapon" means:
(a)
A firearm, meaning a weapon designed to fire a projectile by
force of gunpowder.
(b)
An air gun, meaning a weapon designed to emit a solid projectile
through use of compressed air or other gas propellant.
(c)
A chemical weapon such as mace, pepper spray or similar chemical
designed to incapacitate a human.
(d)
A stun gun, cattle prod or similar electronic control device
(EDC) designed to incapacitate a human through the use of electrical
charge or current.
(e)
Blunt impact weapons designed to strike a human, including but
not limited to a sap, brass knuckles, baton or nun-chukkas.
(f)
Any other item, instrument or device specifically designed to
cause bodily harm to another.
(2)
The following restrictions shall apply to the carrying of firearms
or dangerous weapons:
(a)
School property. No person may carry any exposed or concealed
firearm, ammunition for any firearm, or dangerous weapon onto school
property. No person may carry a folding, retractable, or fixed-blade
knife of any kind while on school property unless otherwise authorized
by school administration.
(b)
Courtrooms. No person may carry any exposed or concealed dangerous
weapon or bladed weapon of any kind into any courtroom while court
is in session, unless otherwise permitted by the Wisconsin Statutes.
(c)
Public building. No person may enter or remain in a public building
which is properly signed and while in possession of a firearm or dangerous
weapon, exposed or concealed.
(d)
Private buildings. No person may carry any exposed or concealed
firearm into a private business which is properly signed or has been
personally instructed to remove such firearm from the premises by
the person in control of the premises.
(e)
Private residence. No person may carry a concealed or exposed
firearm into a private residence when properly signed or personally
instructed not to do so by the owner or person having the legal right
of control the premises.
(f)
Special events. No person may carry any exposed or concealed
firearm into any event which lasts no longer than three weeks and
is properly signed prohibiting such possession and has controlled
access points or admission is charged.
(g)
Establishments serving alcohol beverage. No person may carry
any exposed or concealed firearm into any establishment that serves
alcohol for consumption on premises and that party partakes in such
consumption.
(h)
Trespass with weapon. Any person entering properly signed areas or failing to remove any dangerous weapon from any location described in § 359-3A(2)(a) through (g), after having been instructed to do so specifically by the person(s) in control or having legal interest, may be cited for trespass under this section.
(3)
"Properly signed."
(a)
For purposes of this section, "properly signed" shall mean signs
not less than five inches by seven inches notifying any individual
not to enter or remain in a part of that building, or on the grounds
of that building while carrying a firearm, dangerous weapon or any
particular type of firearm or dangerous weapon and the posting of
such signs shall be in accordance with § 943.13 of the Wisconsin
Statutes.
(4)
The following individuals shall be exempted from the prohibitions
against the carrying of firearms under this section:
B.
It shall be unlawful for any person, except a police officer in the
line of duty, to fire or discharge, within the Village of Spencer,
any rifle, shotgun, pistol, air gun or weapon using gas or other propellant,
bow and arrow, or any other weapon of any kind or nature, except as
provided in this section.
(1)
Subsection B of this section does not apply and may not be enforced 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.
(2)
Subsection B of this section shall not apply to target practice, aerial clay, or archery practice or contests, where such activities are regular activities of a club or association of adult persons, organized for that purpose, and where, before engaging in such activities, there shall be issued by the Chief of Police, in writing, a certificate stating that he or his designee has examined the premises on which such activities are proposed to be conducted, and the rules and regulations of such club purposes, according to ordinance standards.
(4)
The Chief of Police shall have the authority to determine, in any
given case, whether a weapon or device may be used for any other purpose
than permitted in this section, and may issue a written permit for
such use.
A.
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 are enclosure.
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 Village unless he shall be authorized by a fireworks permit as provided in Chapter 246, Fireworks, of this Code of Ordinances. 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 Village of Spencer in such a manner
as to:
(1)
Prevent or obstruct the free passage of pedestrian or vehicular traffic
thereon;
(2)
Prevent or hinder free ingress or egress to or from any place of
business or amusement, church, public hall or meeting place; or
(3)
Cause a nuisance by congregating and hindering the free passage of
pedestrian or vehicular traffic.
B.
Obstructing sidewalk prohibited. No person shall block any sidewalk
or bridge by obstructing the same so that it is impossible for a pedestrian
to travel along the sidewalk without leaving the sidewalk and walking
on adjacent property or on the street.
C.
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the Village of Spencer.
To interfere with unobstructed travel by any means, including
but not limited to standing on the part of the walk that is fit for
travel, or placing any object or vehicle whatsoever on such sidewalk.
Any sidewalk owned or maintained by the 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 of 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
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 to identify himself and explain his presence and
conduct. No person shall be convicted of an offense under this subsection
if the police officer did not comply with the preceding sentence,
or if it appears at trial that the explanation given by the person
was true and, if believed by the law enforcement officer at the time,
would have dispelled the alarm.
D.
Definitions. As used in this section, the terms "loiter" and "nuisance" shall be defined as provided in § 359-6C.
E.
Soliciting. 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 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:
(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 law enforcement officer, been convicted
in any municipal court or circuit court in the State of Wisconsin
of an offense involving prostitution.
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
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 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, stereo systems, similar devices. The using, operating or
permitting to be played, used or operated any radio receiving set;
musical instrument, stereo system or other machine or device for the
producing or reproducing of sound in a loud and unnecessary manner.
The operation of any set, instrument, stereo system, 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, stereo system, 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, 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.
(9)
Exceptions. The provisions of this section shall not apply to:
(a)
Any vehicle of the Village while engaged in necessary public
business.
(b)
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 renders it impossible to perform such work
during the day.
(c)
The reasonable use of amplifiers or loudspeakers in the course
of public addresses which are noncommercial in nature.
C.
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 Spencer 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 he believes such loudspeaker
or amplifying device is becoming a nuisance because of the volume,
the method in which it is being used or the location in which it is
being operated.
(3)
Time restrictions. The Village Board shall not grant a permit to
use an outdoor loudspeaker or amplifying device before the hours of
9:00 a.m. or after 11:00 p.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.
D.
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.
and, during that portion of each year for which the standard time
is advanced under § 175.095, Wis. Stats. (daylight saving
time), between the hours of 7:00 a.m. and 9:00 p.m.
(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
(revised 1971). 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.
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 schools or not a parent or guardian of a student,
or not an otherwise "authorized person," shall be present within any
school building or upon any school grounds without having first secured
authorization to be there from the principal or other person in charge
of the school building or school grounds, except while in direct route
to secure such authorization.
(2)
Any unauthorized person who shall come upon school property and 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 include:
(a)
Any person who is present at any school building or school grounds
for the purpose previously authorized by the school or their 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.
Possession of intoxicating liquor and fermented malt beverages. No
person shall possess intoxicating liquor or fermented malt beverages
while on any school property.
No individual shall cross a police or fire line that has been
so designated by banner, signs or other similar identification.
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 police 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.
Controlled deer hunt regulated. Every person who participates in
a controlled hunt shall:
(1)
Possess a current valid archery deer hunting license issued by the
Wisconsin Department of Natural Resources;
(2)
Possess a municipal deer tag issued by the Spencer Police Department;
(3)
Satisfactorily complete a bow hunter's proficiency test as designed
by the Spencer Chief of Police;
(4)
Hunt only within areas designated by the Deer Management Plan and
only on the dates and at the times specified by the Deer Management
Plan;
(5)
Hunt only with a bow and arrow;
(6)
Harvest antlerless deer only; and
(7)
Comply with all state and local laws, rules and regulations and the
directions set forth in the Deer Management Plan.
B.
Deer Management Plan. The Village Board of Trustees will form a Deer
Management Task Force to:
(1)
Designate hunting zones within the Village of Spencer Corporate limits;
(2)
Secure permission to hunt on privately owned land from property owners;
(3)
Establish a finite number of municipal deer tags; and
(4)
Identify each year the start and end date of each "hunting season"
through approval of the Board of Trustees.
C.
Penalties. Any person violating the provisions of this section shall,
upon conviction, forfeit not less than $100 or not more than $1,000.
