[HISTORY: Adopted by the Village Board of the Village of Hales Corners as §§ 14.01, 14.02, 14.04 to 14.13, 14.15 to 14.19, 14.21 and 14.24 to 14.26 of the Municipal Code. Amendments noted where applicable.]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONCEALED WEAPON
Includes any dangerous weapon which is hidden from ordinary observation. Absolute invisibility is not necessary to constitute a weapon as being concealed. Any weapon which is carried within a case is not to be construed as a concealed weapon if the case is plainly visible.
DANGEROUS WEAPON
Includes any instrument which by its capabilities of use is liable to produce death or great bodily harm. The following are dangerous per se: blackjack, billy, sandclub, sandbag, bludgeon, slingshot, slungshot, pistol, revolver, any instrument which impels a missile by compressed air, spring, or other means, any weapon upon which loaded or blank cartridges are used, cross-knuckles of any metal, or barbed or blade-type arrowhead. Instruments not herein specifically enumerated are nonetheless dangerous weapons when they fall within the terms of the above definition.
[Amended 6-13-2016 by Ord. No. 16-10]
B. 
Carrying dangerous or concealed weapons.
[Amended 10-10-2011 by Ord. No. 11-07]
(1) 
Adoption of state statutes. Except as otherwise specifically provided in this chapter, the following statutory provisions, exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment, are hereby adopted and by reference made a part of this chapter as if fully set forth herein:
(a) 
Section 167.31, relating to transporting of bows and firearms.
(b) 
Section 175.60, relating to the carrying and display of concealed-carry licenses and certain prohibited activities.
(c) 
Section 941.23(3), relating to the carrying and display of identification by out-of-state or former law enforcement members.
(d) 
Section 943.13, relating to certain trespassing actions while carrying or possessing a weapon or firearm.
(e) 
Section 948.605(2), relating to the carrying or possessing of a firearm within 1,000 feet of school grounds.
(f) 
Section 948.61(1), relating to dangerous weapons other than firearms on school premises.
[Added 6-13-2016 by Ord. No. 16-10]
(2) 
Prohibition against carrying weapons and firearms within certain Village buildings. In addition to those areas, locations and buildings specifically identified in § 175.60(16), Wis. Stats., no person, except sworn law enforcement officials, shall carry or possess a weapon or firearm whether concealed or not within any Village-owned building or facility, including but not limited to Village Hall, Ben Hunt Center, Village Fire Station, Village Public Works Garage, and Schoetz Park Pavilion.
(3) 
Prohibition against carrying knives within Village buildings. No person, except sworn law enforcement officials or Village employees, shall carry or possess a knife whether concealed or not within any Village-owned building or facility, including but not limited to Village Hall, Ben Hunt Center, Village Fire Station, Village Public Works Garage, and Schoetz Park Pavilion.
[Added 6-13-2016 by Ord. No. 16-10[1]]
[1]
Editor's Note: This ordinance also repealed former § 14.03(3), License for sale of weapons, (5), Weekly report on sale of dangerous weapons, and (6), Permit required for purchase of dangerous weapons, which appeared in this section.
(4) 
Carrying of knives. No person prohibited from possessing a firearm under § 941.29, Wis. Stats., shall wear concealed about their person a knife.
[Added 6-13-2016 by Ord. No. 16-10]
C. 
Selling weapons to minors prohibited. No person shall engage in the business of buying or selling or shall sell or give away to any minor under the age of 18 any weapon listed or defined as dangerous.
[Amended 6-13-2016 by Ord. No. 16-10]
[Amended 6-12-1995 by Ord. No. 95-02; 4-14-2014 by Ord. No. 14-2]
No person shall discharge any air rifle, instrument which compels a missile, shot or other projectile by compressed air, spring or other means, firearm or arrow or bolt from a bow or crossbow within the Village except:
A. 
Upon a duly established revolver, rifle or archery range, the construction of which has been approved by the Village Board.
B. 
In self-defense.
C. 
By any peace officer in the lawful discharge of his duties.
D. 
As authorized in advance by the Chief of Police for compliance with this section and which involves only the discharge of blank cartridges during a public organized athletic event (starter pistol) or for community or school educational purposes or public ceremony or celebration purposes.
[Added 3-24-1997 by Ord. No. 97-03]
E. 
A person may hunt with a bow and arrow or crossbow, except that such hunting activity is prohibited:
(1) 
In any area within 100 yards of a building which is a permanent structure used for human occupancy [including a manufactured home as defined in § 101.91(2), Wis. Stats.], unless the person who owns the land on which such building is located allows the hunter to hunt within such area;
(2) 
Upon any property owned or leased by the Village of Hales Corners;
(3) 
Pursuant to § 29.301(1), Wis. Stats., within 1,700 feet of any hospital, sanatorium or the grounds of any school, where the restricted area is designated by signs (excepting Potter's Woods, which is school forestland, if such hunting activity is permitted by the Milwaukee School Board pursuant to § 29.095, Wis. Stats.);
(4) 
Pursuant to § 167.30, Wis. Stats., within 40 rods (660 feet) of any park, square or enclosure owned or controlled by the Village of Hales Corners [Note: Milwaukee County Code of General Ordinances § 47.05 prohibits bow hunting within any Milwaukee County park or parkway, as determined to be authorized by the Wisconsin Department of Natural Resources upon review pursuant to § 29.038(4), Wis. Stats.];
(5) 
Pursuant to § 167.31(2)(d), Wis. Stats., and subject to the exceptions set forth therein, when and where the person discharges a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway;
(6) 
In furtherance of the public health and safety, under any circumstances where the discharge of a bow or crossbow may endanger the life, limb or property of another; and
(7) 
At any time and in any area when and where the person who hunts with a bow and arrow or crossbow does not discharge the arrow or bolt from the respective weapon toward the ground.
No person shall leave outside any building, dwelling or at a place accessible to children any unattended or discarded icebox, refrigerator or other container which has an airtight door which may not be opened from the inside.
No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley or park or any private residence.
A. 
No person shall, without reasonable excuse or justification, resist or in any way interfere with any officer of the Village while such officer is doing any act in his official capacity and with lawful authority.
B. 
Obstructing firefighters or police officers. No person shall wilfully hinder, obstruct, or otherwise interfere with the Fire or Police Department, or any member thereof, or its auxiliaries, while engaged in fighting a fire, or in traveling thereto or therefrom, or while otherwise engaged in the performance of its duty, or any official function, or shall wilfully damage or destroy property belonging to the Fire or Police Department, or any member thereof, while so engaged, nor shall any person commit an assault, battery, or throw any object which could inflict bodily harm upon a member of the Fire or Police Department while so engaged.
No person within the Village shall:
A. 
Language. Use any profane, vulgar, or obscene language or loud, boisterous, insulting or abusive language tending to excite a breach of the peace, or tending to destroy good order within the Village.
B. 
Gamblers, vagrants, etc. Be on the street as a gambler, common prostitute, vagrant, mendicant street beggar, organ grinder or street musician playing on any instrument for the purpose of begging.
C. 
Explosives. Recklessly or willfully discharge any explosive or in any other manner create any noise or disturbance.
D. 
Violence. Make any threat of violence, or resort to violence.
E. 
Use of weapons. Flourish or use any weapon, tending to disturb the peace and good order, or to frighten any persons in said Village.
F. 
Riots, etc. Participate in or, being present, aid, abet or encourage any assault, affray, riot, dogfight, or disorderly assemblage.
G. 
Assault. Commit any assault upon another.
H. 
Indecent exposure. Make any indecent, immodest or immoral exhibition or exposure of his or her person, or cause or procure any other person so to do.
I. 
Intoxication. Be found intoxicated in such a place or under such circumstances as to disturb the peace and good order.
J. 
Spooning. Spoon, caress or fondle a person of the opposite sex or of the same sex in, upon or about any street, highway, alley or other public or exposed places, or in any motor vehicle, or in any place where any other person or persons passing or being in or upon any public street or other public place might see the same, or in any way, manner or place, so as to annoy any other person exercising his or her lawful rights.
K. 
False reports. Intentionally and falsely report in any manner, directly, to the sheriff, coroner, or any police officer that a violation of a state law or a Village ordinance has been or is being committed at any place within said Village, or that an accident has occurred for the purpose of causing any such officer to investigate such report, or mislead any such officer in any manner.
L. 
False fire alarms. Intentionally and falsely report in any manner, directly or indirectly, to any officer or employee of any Fire Department located within said Village, or any officer or employee of said Village, that there is any fire in said Village for the purpose of misleading.
M. 
Trespass. Recklessly or wilfully commit any trespass upon the property of another.
N. 
Destruction of property. Wilfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property belonging to the Village or its departments or to any private person without the consent of the owner or proper authority.
O. 
Dumping. Deposit or cause to be deposited, dump, sort, scatter or leave any rubbish, stones, wire, earth, ashes, cinders, sawdust, hay, glass, manure, filth, snow, ice, dirt, grass, leaves, twigs, shrubs, construction waste, cans, bottles, garbage or other offensive or nauseous material in any public street or alley or upon any public property of any nature or upon any vacant private property except upon approved private or public dumps and except where certain of these materials are used in a normal manner for improving property by grading, fertilizing, or resurfacing.
P. 
Littering. Scatter old newspapers, old bills, wastepaper, floor sweepings, cans, paper cartons, bottles or any other litter of any description whatsoever upon public or private property. Such materials shall be deposited in sufficient public or private receptacles.[1]
[1]
Editor's Note: Original § 14.07(17), Keeping bees, (21), Selling baby chicks, and (29), Domestic animals, which followed this subsection, were repealed 3-10-2003 by Ord. No. 03-03 and 3-24-2003 by Ord. No. 03-04. See now Ch. 174, Animals. Original § 14.07(19), Burning of garbage, and (20), Outdoor fireplaces, were repealed 1-9-2006 by Ord. No. 06-01. See now § 320-7, Open burning, outdoor burning and refuse burning.
Q. 
Bribery. With intent to influence the conduct of any public officer or public employee in relation to any matter which by law is pending or might come before him in his capacity as such officer or employee or with intent to induce him to do or omit to do any act in violation of his lawful duty, transfer, or promise to him or on his behalf any property or any personal advantage which he is not authorized to receive.
R. 
Crimes and misdemeanors. Participate in any crime or misdemeanor as defined in the Wisconsin statutes.
S. 
Nonresident dumping. As a nonresident of the Village, dump any matter in any dumpster, bin, box, barrel or other receptacle provided by the Village for the use of Village residents.
T. 
Orderly conduct at or near licensed premises. Possess an open or unsealed container of fermented malt beverage or intoxicating liquor, or disturb the peace, or engage in an altercation, or be loud or boisterous, or use any controlled substance, or act in a disorderly or riotous or indecent manner, or loiter, outside the confines of any Class "A" or Class "B" fermented malt beverage or intoxicating liquor licensed premises within a distance of 300 feet from the main entrance of such licensed premises.
U. 
Harassing telephone calls. By means of telephone calls originating within or received within the limits of the Village of Hales Corners:
(1) 
Make any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent.
(2) 
Make 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) 
Make or cause the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers.
(4) 
Make repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers.
(5) 
Knowingly permit any telephone under his control to be used for any purpose prohibited by this section.
(6) 
In conspiracy or concerted action with other persons, make repeated calls or simultaneous calls solely to harass any person at the called number or numbers.
V. 
Fireworks. Sell, expose or offer for sale, use, keep, discharge or explode any fireworks as defined and excepted in § 167.10, Wis. Stats., which is herein adopted by reference, except in accordance with a permit issued under Chapter 236, Fireworks, of this Code. Any violation of said § 167.10, Wis. Stats., shall be a violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
W. 
Harassment.
(1) 
Strike, shove, kick or otherwise subject another 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.
(3) 
This subsection does not prohibit any person from participating in lawful conduct in labor disputes under § 103.53, Wis. Stats.
(4) 
Sections 813.125 and 947.013, Wis. Stats., are herein adopted by reference, and the Municipal Court of Hales Corners is specifically granted concurrent jurisdiction in the commencement of an action, the issuance of a temporary restraining order and the granting of an injunction as provided in § 813.125, Wis. Stats.
[Amended 3-13-1995 by Ord. No. 95-01; 5-9-2005 by Ord. No. 05-07; 1-9-2006 by Ord. No. 06-01`]
A. 
Purpose. This section is intended to promote the public health, safety and welfare and to safeguard the health, comfort, living conditions, safety and welfare of the citizens of the Village of Hales Corners due to the air pollution and fire hazards of open burning, outdoor burning and refuse burning.
B. 
Applicability. This section applies to all outdoor burning and refuse burning within the Village of Hales Corners.
(1) 
This section does not apply to grilling or cooking using charcoal, wood, propane or natural gas in cooking or grilling appliances.
(2) 
This section does not apply to burning in a stove, furnace, fireplace or other heating device within a building used for human or animal habitation unless the material being burned includes refuse as defined in Subsection C of this section.
(3) 
This section does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CAMPFIRE
A small outdoor fire intended for recreation or cooking using only clean dry wood and sticks, and newspaper or paper to ignite the same, but not including a fire intended for disposal of other yard waste or refuse.
CLEAN WOOD
Natural wood which has not been painted, varnished or coated with a similar material, has not been pressure-treated with preservatives and does not contain resins or glues as in plywood or other composite wood products.
FIRE CHIEF
The Chief of the Hales Corners Fire Department or other person authorized by the Fire Chief.
OPEN BURNING
Kindling or maintaining a fire where the products of combustion are emitted directly into the ambient air without passing through a stack or a chimney.
OUTDOOR BURNING
Open burning or burning in an outdoor wood-fired furnace.
OUTDOOR WOOD-FIRED FURNACE
A wood-fired furnace, stove or boiler that is not located within a building intended for habitation by humans or domestic animals.
REFUSE
Any waste material except clean wood.
YARD WASTE
Leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six inches in diameter.
D. 
General prohibition on open burning, outdoor burning and refuse burning. Open burning, outdoor burning and refuse burning are prohibited in the Village of Hales Corners unless the burning is specifically permitted by this section.
E. 
Materials that may not be burned.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Rubbish or garbage, including but not limited to food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes.
(2) 
Waste oil or other oily wastes except used oil burning in a heating device for energy recovery subject to the restrictions in Chapter NR 679, Wisconsin Administrative Code.
(3) 
Asphalt and products containing asphalt.
(4) 
Treated or painted wood, including but not limited to plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.
(5) 
Any plastic material, including but not limited to nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers.
(6) 
Rubber, including tires and synthetic rubberlike products.
(7) 
Newspaper, corrugated cardboard, containerboard, office paper and other materials that must be recycled in accordance with Chapter 370, Article III, Recycling, of this Code except as provided in Subsection J of this section.
F. 
Burning leaves, brush, clean wood and other vegetative debris. Open burning of dry leaves, weeds, brush, stumps, clean wood and other vegetative debris is prohibited unless the burning is specifically permitted by this section and in accordance with the following provisions:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Open burning under this subsection shall be conducted only following the issuance of and in accordance with a permit issued under Subsection K of this section, except where noted in Subsection F(10) below.
(2) 
All allowed open burning shall be conducted in a safe, nuisance-free manner, when wind velocity is nine miles per hour or less as determined by the National Weather Service and weather conditions are such as to minimize adverse effects and not create a health hazard or a visibility hazard on roadways, railroads, airfields, sidewalks, and ditches.
(3) 
Open burning shall be conducted only on the property on which the materials were generated.
(4) 
Open burning shall be constantly attended and supervised by a competent person of at least 18 years of age until the fire is extinguished and is cold. The person shall have readily available for use such fire extinguishing equipment as may be necessary for the total control of the fire.
(5) 
No materials may be burned, nor any ash residue disposed of, upon any street, curb, gutter, sidewalk, alley, parkway, drainage ditch, public place, or public right-of-way.
(6) 
No burning shall be undertaken within 30 feet from any building or structure, combustible material, combustible wall or partition, exterior window opening, building or structure exit access, or building or structure exit, unless authorized by the Fire Chief.
(7) 
Except for barbecue, gas and charcoal grills, no open burning shall be undertaken during periods when either the Fire Chief or the Wisconsin Department of Natural Resources has issued a burning ban applicable to the area.
(8) 
No open burning may be conducted on days when the Department of Natural Resources has declared an ozone action day applicable to the Village of Hales Corners.
(9) 
Fires set for the ecological management of native plant species are allowed, without obtaining a permit, on property at least one acre in size and zoned P-1 (Parks and Institutional), provided that prior approval is obtained from the Fire Chief, who shall consider climatological conditions, and ground, flora and structure conditions upon the subject property and adjoining property, in light of public safety.
(10) 
Burning of trees, limbs, stumps, brush or weeds for clearing or maintenance of rights-of-way, performed or authorized by the Village Department of Public Works, is allowed, if approved by the Fire Chief and in accordance with other provisions of this section.
G. 
Small outdoor campfires (as defined in the definition of "campfire" in Subsection C) for cooking, ceremonies or recreation are allowed, without obtaining a permit, provided that the fire is confined by a control device or structure such as a fire ring or firepit. A small outdoor campfire is allowed, provided that the fire complies with all other applicable provisions of this section. Small outdoor campfires are subject to the provisions of Subsection F(2), (4), (5), (7) and (8) of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
H. 
Burn barrels. No person shall use or maintain a burn barrel in the Village of Hales Corners.
I. 
Outdoor wood-fired furnaces. No person shall install, use or maintain an outdoor wood-fired furnace in the Village of Hales Corners.[2]
[2]
Editor's Note: See also Ch. 185, Building Construction, § 185-39, and Ch. 304, Nuisances, § 304-2B.
J. 
Fire Department practice burns. Notwithstanding Subsection D and E of this section, the Village of Hales Corners may burn a standing building if necessary for firefighting practice and if the practice burn complies with the requirements of the Department of Natural Resources.
K. 
Permits. Unless specifically exempted elsewhere in this section, no person shall start or maintain any open burning without a burning permit issued by the Village.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
A burning permit issued under this subsection shall require compliance with all applicable provisions of this section and any additional special restrictions deemed necessary to protect public health and safety.
(2) 
Any violation of the conditions of a burning permit or failure to obtain a burning permit shall be deemed a violation of this section. Any violation of this section or the burning permit shall void the permit and subject the violator to the penalty provisions of Subsection N of this section.
L. 
Liability. A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire.
M. 
Right of entry and inspection. The Fire Chief, Zoning Administrator, Village Administrator, Police Chief, Health Officer, Sanitarian, Building Inspector, or their respective designees of the Village of Hales Corners may inspect any property for the purpose of ascertaining compliance with the provisions of this section. (Note: If the owner or occupant of the premises denies access to the property for this purpose, a special inspection warrant may be obtained in accordance with § 66.0119, Wis. Stats.)
N. 
Enforcement and penalties.
(1) 
The Fire Chief, Zoning Administrator, Village Administrator, Police Chief, Health Officer, Sanitarian, Building Inspector, and any agents designated by these individuals are authorized to enforce the provisions of this section.
(2) 
Any violation of this section shall subject the violator to the penalty provisions of § 1-4 of this Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: See also Ch. 233, Fire Prevention, Protection and Control, § 233-51, Permissible burning.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Definition. As used in this section, "drug paraphernalia" shall have the meaning provided by § 961.571, Wis. Stats., which is incorporated by reference.
B. 
Determination of drug paraphernalia. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following:
(1) 
Statements by an owner or by anyone in control of the object concerning its use.
(2) 
The proximity of the object, in time and space, to a direct violation of Ch. 961, Wis. Stats.
(3) 
The proximity of the object to controlled substances or controlled substance analogs.
(4) 
The existence of any residue of controlled substances or controlled substance analogs on the object.
(5) 
Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows intend to use the object to facilitate a violation of Ch. 961, Wis. Stats. The innocence of an owner, or of anyone in control of the object, as to a direct violation of Ch. 961, Wis. Stats., shall not prevent a finding that the object is designed for use or primarily intended for use as drug paraphernalia.
(6) 
Instructions, oral or written, provided with the object concerning its use.
(7) 
Descriptive materials accompanying the object that explain or depict its use.
(8) 
Local advertising concerning its use.
(9) 
The manner in which the object is displayed for sale.
(10) 
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(11) 
The existence and scope of legitimate uses for the object in the community.
(12) 
Expert testimony concerning its use.
C. 
Prohibited activities.
(1) 
Possession of drug paraphernalia. 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 or controlled substance analogue in violation of Ch. 961, Wis. Stats.
(2) 
Manufacture or delivery of drug paraphernalia. No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be primarily used 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 or controlled substance analogue in violation of Ch. 961, Wis. Stats.
(3) 
Delivery of drug paraphernalia to a minor. Any person 17 years of age or over who violates Subsection C(2) by delivering drug paraphernalia to a person 17 years of age or under who is at least three years younger than the violator is guilty of a special offense.
(4) 
Advertisement of drug paraphernalia. No person may place in any newspaper, magazine, handbill or other publication, or upon any outdoor billboard or sign, any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(5) 
Exemption. Subsection C does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 961, Wis. Stats. This section does not prohibit the possession, manufacture or use of hypodermics, in accordance with Ch. 961, Wis. Stats.
[Added 1-24-2011 by Ord. No. 11-02]
A. 
Marijuana. No person shall possess a controlled substance, marijuana, as defined in § 961.01(14), Wis. Stats., 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 or her professional practice or as otherwise authorized by Ch. 961, Wis. Stats. Any person who violates this subsection shall be subject to the penalties as prescribed in § 1-4 of this Code.
B. 
Synthetic cannabinoid. No person shall possess a controlled substance, synthetic cannabinoid, as defined in § 961.14(4)(tb), Wis. Stats. Any person who violates this subsection shall be subject to the penalties as prescribed in § 1-4 of this Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the Village. Any peace officer or 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 said device was used solely for gambling or found in actual use for gambling. This section shall not apply to such lotteries permitted under Article IV, § 24, Wisconsin Constitution, and such exceptions thereto provided by the Wisconsin Legislature.
A. 
Public places. It shall be unlawful for any person not in official attendance or on official business to enter into, congregate, loiter, wander, stroll, stand or play in public places within the Village between the hours of 10:00 p.m. and sunrise.
B. 
In buildings. No person shall remain in a building or structure, without lawful cause, after being asked to leave by the owner or by the person entitled to possession or in control thereof. No person shall lodge in any building or structure without the permission of the owner or the person entitled to possession or in control thereof.
C. 
On posted private property. It shall be unlawful for any person to congregate, loiter, wander, stroll or stand upon any private property in the Village which has been posted with a notice stating "No Loitering," "Patrons Only," or other notice indicating that said property is not a thoroughfare for the use of the general public. Such notice shall be at least 8 1/2 inches by 11 inches in size, or of comparable area, and plainly posted, at least one to each property intended to be so posted. This subsection shall include loitering in parked motor vehicles.
D. 
On roadways.[1]
(1) 
Purpose. It is hereby found and determined by the Village Board that cruising during the evening hours on South 108th Street creates a hazardous traffic situation, which could result in death, personal injury and property damage, as well as numerous traffic and public safety violations; that loitering in and around parked vehicles on South 108th Street hinders and obstructs safe traffic movement and otherwise contributes to the cruising problem; and that there is a need to prohibit such loitering during specific hours to promote safe traffic movement on South 108th Street and otherwise protect and preserve the public health, safety and welfare.
(2) 
Prohibition. It is unlawful for any person to congregate, loiter, wander or stand beside or among any parked cars on the roadway on South 108th Street between the hours of 8:00 p.m. and 5:00 a.m. from the North Village Limits to the South Village Limits.
[1]
Editor's Note: See also § 420-16, Cruising.
E. 
Private residential property. It shall be unlawful to loiter in or on private residential property in residential neighborhoods. As used in this subsection, "loiter" means to, without just cause, linger, remain in, or remain on private residential property or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or control thereof.
[Added 5-28-2013 by Ord. No. 13-3]
F. 
Dwelling areas. It shall be unlawful to hide, wait, or otherwise loiter in the vicinity of any dwelling, house, apartment building, or any other place of residence, with the unlawful intent to watch, gaze or look upon the occupants therein in a clandestine manner.
[Added 5-28-2013 by Ord. No. 13-3]
G. 
Generally. It shall be unlawful to 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 actor takes flight upon appearance of a peace officer or manifestly endeavors to conceal him/herself or any object.
[Added 5-28-2013 by Ord. No. 13-3]
[Amended 12-10-2001 by Ord. No. 01-12]
A. 
No loitering by minors. No person under the age of 17 shall loiter away from home between the hours of 11:00 p.m. and 5:00 a.m., nor shall any parent or guardian of such minor knowingly permit such minor to loiter away from home during such hours, unless such minor is accompanied by a parent, guardian or some person 21 years of age or older standing in loco parentis, or unless performing an errand or duty if directed by such parent or guardian, or of urgent necessity, or unless pursuing the duties of employment in an expeditious and orderly manner, or unless going directly home from places of business or amusement or private homes.
B. 
Truancy and school dropouts prohibited. No person under 18 years of age shall be a truant, habitual truant or dropout. The definitions set forth under § 118.163(1), Wis. Stats., are incorporated herein by reference. Additionally, any person having under control a child who is between the ages of six and 18 years shall cause the child to attend school regularly, pursuant to § 118.15(1)(a), Wis. Stats., the entirety of which is incorporated herein by reference. Upon any violation of this subsection, all applicable penalties and dispositions as set forth under § 118.163(1m), (2) and (2m), Wis. Stats., respectively, may be ordered and entered by the Municipal Court. The Court may suspend the operating privilege of a person who is at least 16 years of age but less than 18 years of age and is a dropout, and the Court may suspend such person's operating privilege until the person reaches the age of 18.
[Amended 8-14-2023 by Ord. No. 23-05]
A. 
The Village Board is empowered to declare by ordinance or resolution an emergency existing within the Village whenever conditions arise, either within the Village or within other municipalities or areas, by reason of war, conflagration, flood, heavy snowstorm, blizzard, catastrophe, disaster, riot or civil commotion, or acts of God, and including conditions, without limitation or restriction because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital facilities of the Village, or endanger the health or police protection or other vital facilities of the Village, or endanger the health, welfare or safety of persons or property in the Village. The period of such emergency shall be limited by such ordinance or resolution to the time during which such emergency conditions exist or are likely to exist. Even though none of the conditions exist which authorize a declaration of an emergency under this provision, an emergency may be declared if there are reasonable grounds for belief that any one or more of said conditions is impending or threatened.
B. 
The emergency power of the Village Board herewith conferred shall include such general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, welfare and good order of the Village in such emergency, and shall include such authority as is necessary and expedient without limitation or restriction because of enumeration and shall include the power to bar, restrict or remove all unnecessary traffic, both vehicular and pedestrian, from the streets and highways in the Village, notwithstanding any provisions of Chs. 341 to 349, Wis. Stats., or any other provisions of law, or ordinances of this Village, and shall further include the power to declare a reasonable curfew during the period of emergency and to limit the sale of fermented malt beverages and intoxicating liquors, notwithstanding the provisions of Chapter 163, Alcohol Beverages, of the Village Code.
C. 
The President or Acting President shall exercise by proclamation all of the powers herewith conferred upon the Village Board which within the discretion of the President or Acting President are necessary and expedient for the purpose herein set forth wherever, because of such emergency conditions, the Village Board shall be unable to meet with promptness or because of the existence or threat of such conditions the action is reasonably necessary prior to a meeting of the Village Board. Any such proclamation by the President or Acting President shall be subject to ratification, alteration, modification or repeal by the Village Board as soon as the Village Board shall be able to meet, but such ratification, alteration, modification or repeal by the Village Board shall not affect the validity or force or effect of any such prior proclamation by the President or Acting President.
D. 
Public notice of the adoption of any ordinance or resolution or the issuance of any proclamation pursuant to the authority above given shall be given promptly in a manner which reasonably can be considered will advise the residents of the Village of the adoption of such resolution or ordinance or issuance of such a proclamation, such as, but not limited to, news accounts or advertisements in the press, on television and over radio stations.
A. 
No person shall, within the Village of Hales Corners, issue any check or other order for the payment of money which, at the time of issuance, he intends shall not be paid.
B. 
Any of the following is prima facia evidence that the person at the time he issued the check or other order for the payment of money intended it should not be paid:
(1) 
Proof that, at the time of issuance, he did not have an account with the drawee; or
(2) 
Proof that, at the time of issuance, he did not have sufficient funds or credit with the drawee, and that he failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order; or
(3) 
Proof that, when presentment was made within a reasonable time, the issuer did not have sufficient funds or credit with the drawee, and he failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order.
C. 
This section does not apply to a postdated check.
A. 
Whoever intentionally alters indicia of price or value of merchandise, or who takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant without his consent and with intent to deprive the merchant permanently of possession, or the full purchase price, of such merchandise, may be penalized as provided in § 320-24 below.
B. 
The concealment of unpurchased merchandise which continues from one floor to another, or beyond the last station for receiving payment in a merchant's store, is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof.
C. 
A merchant or merchant's adult employee who has probable cause for believing that a person has violated this section may detain such person in a reasonable manner for a reasonable length of time to deliver him to a peace officer, or to his parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he shall not be interrogated or searched against his will before the arrival of a peace officer, who may conduct a lawful interrogation and search of the accused person. Compliance with this subsection entitles the merchant or his employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No person shall take or borrow any materials or property from the Hales Corners Public Library except under the rules and regulations prescribed by the Hales Corners Library Board. No person shall fail to return any book, periodical, pamphlet, audiovisual materials or other property belonging to or in charge of the Hales Corners Public Library. Any person who borrows or takes any such property from said Public Library shall be deemed to have violated this section when he fails to return such property on or before the due date as shown on the borrowing card and after the Hales Corners Library Board or its agent shall mail, by ordinary mail, to the person at the address at which he is registered with the Library a notice indicating that such failure constitutes a violation of this section. The penalty for violation of this section shall be in addition to any fines or charges imposed under any rules and policies established by the Hales Corners Library Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No person shall trespass within Village-owned lands posted to prohibit entry thereon. When the Public Works Commission has ascertained any area of Village-owned lands which may constitute a dangerous condition, it shall cause to post such notice to prohibit entry thereon and to fence or otherwise protect the area as it deems necessary.
[Amended 9-12-2016 by Ord. No. 16-13]
A. 
Intent. No person shall utilize the Universal Emergency Access Telephone Number, hereinafter referred to as "911," for any other purpose than to report situations constituting exigent or emergency circumstances.
B. 
No person shall use a telephone, or other electronic device, to make a call originating within the Village or received within the Village which utilizes the 911 telephone number to report an emergency, knowing that in fact the situation which he or she reports does not exist.
C. 
Exigent and emergency circumstance defined. Exigent and emergency circumstances are defined, for purposes of this section, as a situation involving, but not necessarily limited to, one or more of the following:
(1) 
Bodily harm or life-threatening illness or condition.
(2) 
Property damage or loss, in progress.
(3) 
Escape of a suspect in a criminal offense or its municipal-offense counterpart.
(4) 
Fire and smoke reports.
A. 
Graffiti defined. "Graffiti" means any inscription, word, figure or design marked, scratched, etched, drawn or painted with spray paint, liquid paint, ink, chalk, dye or other similar substances on buildings, fences, structures and other similar places, without the express written consent of the owner or operator of the property.
B. 
Prohibited conduct. No person may write, paint or draw any inscription, figure or mark of any type on any public or private building or other real or personal property owned, operated or maintained by any public or private person, entity, agency, firm or corporation, unless the express permission of the owner or operator of the property has been obtained.
C. 
Graffiti removal. The Village Police Department may serve any property owner whose property has been injured by the application of graffiti with a written order to remove, cover, clean up or repair such property within 15 days of the date of such order. Such order may be served personally or by registered, certified or regular mail and service upon any single joint owner shall constitute valid service upon all property owners. Should such property owner fail to comply with the terms of such order, in addition to the penalties set forth under Subsection D below, the Village may obtain the removal, covering, cleanup or repair of such graffiti upon its own instance as a special charge against the property, pursuant to § 66.0627, Wis. Stats.
[Added 7-8-1996 by Ord. No. 96-09]
D. 
Penalty. Any person convicted of violating Subsection B above shall forfeit not less than $500 nor more than $5,000 per violation, together with the costs of prosecution, or, upon default of the full payment of such forfeiture and costs, be imprisoned in the county jail or county house of correction for not more than 90 days. Any person convicted of violating Subsection C above shall be subject to the penalty provisions of § 1-4 of this Code.
[Amended 7-8-1996 by Ord. No. 96-09]
[Added 12-13-1993 by Ord. No. 93-25]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DISSEMINATE
To transfer possession of, with or without consideration.
KNOWINGLY
Being aware of the character and the content of the material.
MINOR
Any person under the age of 18 years.
PERSON
Any individual, partnership, firm, association, corporation, or other legal entity.
VIEWER DISCRETION LABELED MATERIAL
Any book, magazine, newspaper, or other printed or written material, or any picture, drawing, video, photograph, motion picture or other pictorial representation or any recording, that is labeled "viewer discretion," "view discretion advised," or any derivation thereof.
B. 
It shall be unlawful for any person to knowingly disseminate viewer discretion labeled material by placing or leaving said materials on or about any private residence in the Village, unless said viewer discretion labeled material is personally delivered in hand to a person, of at least 18 years of age, from said private residence without objection. If no one 18 years of age or older is on said premises to accept material, it shall not be unlawful to leave written notification of where the viewer discretion labeled material may be obtained by someone 18 years of age or older.
C. 
Exception. This section shall not apply to viewer discretion labeled material that is specifically addressed to a member of the residence.
D. 
Penalty. Any person who shall violate any provision of this section shall be subject to a penalty as provided in § 1-4 of this Code.
[Added 2-24-1997 by Ord. No. 97-01]
A. 
No person shall throw, shoot or discharge any object, missile, spray or other solid, fluid or semifluid thing, projectile or substance by hand or any other means at any person, object or otherwise along the route of any parade upon public right-of-way within the Village, including the Village Fourth of July parade, during the parade.
B. 
Penalty. Any person convicted of violating this section shall forfeit not less than $100 nor more than $400 per violation, together with the costs of prosecution, or, upon default of the full payment of such forfeiture and costs, be imprisoned in the county jail or county house of correction for not more than 90 days. In addition thereto, the court upon conviction may order restitution under § 800.093, Wis. Stats., or in lieu of either restitution or forfeiture, the court may order community service work pursuant to § 800.09(1b), Wis. Stats.
[Added 12-11-2017 by Ord. No. 17-10]
A. 
Definitions. The following terms shall be defined as follows in this section:
CHIEF
The Chief of Police or his/her designee.
ENFORCEMENT ACTION
An arrest or issuance of a citation.
NUISANCE ACTIVITY
Any of the following activities, behaviors, or conduct occurring on a premises:
(1) 
An act of harassment, as defined in § 947.013, Wis. Stats.
(2) 
Disorderly conduct, as defined in § 947.01, Wis. Stats.
(3) 
Battery, substantial battery, or aggravated battery, as defined in § 940.19, Wis. Stats.
(4) 
Lewd and lascivious behavior, as defined in § 944.20, Wis. Stats.
(5) 
Prostitution, as defined in § 944.30, Wis. Stats.
(6) 
Theft, as defined in § 943.20, Wis. Stats.
(7) 
Receiving stolen property, as defined in § 943.34, Wis. Stats.
(8) 
Arson, as defined in § 943.02, Wis. Stats.
(9) 
Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Ch. 961, Wis. Stats.
(10) 
Interference with law enforcement, including refusing to aid an officer as described in § 946.40, Wis. Stats., resisting or obstructing an officer as described in § 946.41, Wis. Stats., and failure to comply with officer's attempt to take person into custody as described in § 946.415, Wis. Stats.
(11) 
Sexual assault, as described in § 940.225, Wis. Stats.
(12) 
Attempt to commit, as described in § 939.32, Wis. Stats., or agrees or combines with another for the purpose of committing, as described in § 939.31, Wis. Stats., any of the activities, behaviors, or conduct enumerated in Subsections (1) through (11) above.
(13) 
The execution of an arrest warrant or a search warrant at a particular location.
(14) 
A violation of Chapter 163, Alcohol Beverages, of the Municipal Code of Hales Corners.
(15) 
A violation of Chapter 227, Fair Housing, Chapter 236, Fireworks, Chapter 253, Hazardous Materials, Chapter 320, Peace and Good Order, Chapter 370, Solid Waste, Article III, Recycling, or Chapter 397, Tattoo and Body Piercing Establishments, of the Municipal Code of Hales Corners.
(16) 
A violation of Chapter 174 of the Municipal Code of Hales Corners pertaining to animal regulation and licensing.
(17) 
State statute, Administrative Code or Municipal Code reasonably required inspection-related warrant service requiring police service or citation issuance.
(18) 
State statute, Administrative Code or Municipal Code reasonably required health-related warrant service requiring police service or citation issuance.
(19) 
State statute, Administrative Code or Municipal Code reasonably required Fire Code-related inspection requiring police service or citation issuance.
OWNER
The owner of the premises and his/her/its agent(s).
PREMISES
An individual dwelling unit, an apartment building (all units included as one premises), or an individual business premises and associated common areas.
B. 
Notice.
(1) 
Whenever the Chief determines that three or more nuisance activities, behaviors or conduct described in Subsection A above resulting in enforcement action have occurred at a premises during a twelve-month period, the Chief may notify the premises owner, in writing.
(2) 
In calculating the requisite nuisance activities, the Chief may count qualifying nuisance activities resulting in enforcement action occurring on different days separately, and may count qualifying nuisance incidents resulting in enforcement action occurring on the same day separately (as long as they are distinct incidents).
(3) 
The notice shall contain the street address, or legal description sufficient to identify the premises, description of the nuisance activities that have occurred at the premises, a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises, and a notice as to the appeal rights of the owner.
(4) 
The notice shall be delivered to the owner of the premises in person or by certified mailing.
C. 
Abatement plan.
(1) 
Any owner receiving notice pursuant to Subsection B above shall meet with the Chief within 10 days receipt of such notice. The parties shall review the problems occurring at the property.
(2) 
Within 20 days of this meeting, the owner shall submit to the Chief a written abatement plan to end the nuisance activity on the property. Such plan shall also specify a name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, inspection, health, or Fire Department contacts.
D. 
Post notice nuisance activity. Whenever the Chief determines that additional nuisance activity has occurred at the premises for which notice has been issued pursuant to Subsection B above, that this nuisance activity has occurred not less than 30 days after notice has been issued, and that reasonable efforts have not been made to abate the nuisance activity, the Chief may calculate the cost of police response and enforcement for this and subsequent nuisance activities and cause such charges and administrative costs to be assessed and collected as a special charge.
E. 
Penalty. In addition to any other penalty or remedy provided by law, including any special charge as set forth under Subsection D above:
(1) 
First offense. Any person who shall violate any provision of this section shall forfeit not less than $500 nor more than $2,500.
(2) 
Subsequent offense(s). Any person who shall violate any provision of this section shall forfeit not less than $1,000 nor more than $5,000.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Except where otherwise provided in this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.