[HISTORY: Adopted by the Village Board of the Village of
Hobart as §§ 3.801 to 3.807, 3.810, 3.811, 3.817, 3.822
to 3.825, 3.828, 3.829, 3.831, 3.832 and 3.834 of the 2000 Code. Amendments
noted where applicable.]
The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Village, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under § 1-3 of this Code.
§ 110.075(7)
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Producing/manufacturing/using inspection sticker fraudulently.
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§ 134.06
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Bonus to chauffeurs for purchases, forbidden
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§ 134.65
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Cigarette and tobacco product retailer license
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§ 134.66
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Restrictions on sale or gift of cigarettes or tobacco products
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§ 167.10
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Regulation of fireworks
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§ 175.25
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Storage of junked automobiles
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§ 218.0145
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Used cars/prohibited acts
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§ 218.0147
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Purchase or lease of motor vehicle by minor
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§ 254.76
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Causing fires by tobacco smoking
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§ 254.92
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Purchase or possession of cigarettes or tobacco products by
person under 18 prohibited
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§ 285.30
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Motor vehicle emissions limitations; inspections
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§ 450.11(7)
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Prescription drugs and prescription devices
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§ 939.32
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Attempt
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§ 940.19(1)
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Battery; substantial battery; aggravated battery
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§ 940.20
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Battery: special circumstances
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§ 940.225(3m)
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Fourth-degree sexual assault
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§ 940.32
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Stalking
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§ 941.01
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Negligent operation of vehicle
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§ 941.10
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Negligent handling of burning material
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§ 941.12(2),(3)
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Interfering with firefighting
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§ 941.13
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False alarms
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§ 941.20
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Endangering safety by use of dangerous weapon
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§ 941.23
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Carrying concealed weapon
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§ 941.235
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Carrying firearm in public building
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§ 941.24
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Possession of switchblade knife
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§ 941.26
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Machine guns and other weapons; use in certain cases; penalty
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§ 941.2965(2), (3)(a), (c)(d)
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Restrictions on use of facsimile firearms
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§ 941.36
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Fraudulent tapping of electric wires or gas or water meters
or pipes
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§ 941.37
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Obstructing emergency or rescue personnel
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§ 942.01
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Defamation
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§ 942.03
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Giving false information for publication
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§ 942.05
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Opening letters
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§ 942.06
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Use of polygraphs and similar tests
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§ 943.01(1)
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Damage to property
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§ 943.012
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Criminal damage to or graffiti on religious and other property
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§ 943.017
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Graffiti
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§ 943.07
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Criminal damage to railroads
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§ 943.11
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Entry into locked vehicle
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§ 943.125
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Entry into locked coin box
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§ 943.13
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Trespass to land
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§ 943.14
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Criminal trespass to dwellings
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§ 943.145
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Criminal trespass to a medical facility
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§ 943.15
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Entry onto a construction site or into a locked building, dwelling
or room
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§ 943.20
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Theft
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§ 943.21
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Fraud on hotel or restaurant keeper or taxicab operator
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§ 943.22
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Use of cheating tokens
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§ 943.225
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Refusal to pay for a motor bus ride
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§ 943.23
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Operating vehicle without owner's consent
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§ 943.24
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Issue of worthless checks
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§ 943.34
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Receiving stolen property
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§ 943.37
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Alteration of property identification marks
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§ 943.38(3)
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Forgery
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§ 943.41(2), (3)(a-d), (4)(b), (5), (6)(a), (b) and
(d)
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Financial transaction card crimes
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§ 943.45
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Theft of telecommunications service
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§ 943.46
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Theft of video service
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§ 943.47
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Theft of satellite cable programming
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§ 943.50
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Retail theft; theft of services
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§ 943.55
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Removal of shopping carts
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§ 943.61
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Theft of library material
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§ 943.70
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Computer crimes
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§ 944.15
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Public fornication
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§ 944.17
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Sexual gratification
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§ 944.20
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Lewd and lascivious behavior
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§ 944.21
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Obscene material or performance
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§ 944.23
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Making lewd, obscene or indecent drawings
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§ 944.30
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Prostitution
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§ 944.31
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Patronizing prostitutes
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§ 944.33
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Pandering
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§ 944.34
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Keeping place of prostitution
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§ 944.36
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Solicitation of drinks prohibited
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§ 945.02
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Gambling
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§ 945.03
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Commercial gambling
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§ 945.04
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Permitting premises to be used for commercial gambling
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§ 946.40
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Refusing to aid officer
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§ 946.41
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Resisting or obstructing officer
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§ 946.42
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Escape
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§ 946.44
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Assisting or permitting escape
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§ 946.65
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Obstructing justice
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§ 946.67
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Compounding crime
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§ 946.69
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Falsely assuming to act as public officer or employee or utility
employee
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§ 946.70
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Impersonating peace officers, firefighters or other emergency
personnel
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§ 946.72
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Tampering with public records and notices
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§ 947.01
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Disorderly conduct
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§ 947.012
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Unlawful use of telephone
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§ 947.013
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Harassment
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§ 947.015
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Bomb scares
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§ 947.02(3)(4)
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Vagrancy
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§ 947.04
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Drinking in common carriers
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§ 947.06
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Unlawful assemblies and their suppression
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§ 948.015
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Other offenses against children
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§ 948.10
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Exposing genitals or pubic area
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§ 948.11
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Exposing a child to harmful material or harmful descriptions
or narrations
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§ 948.21
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Neglecting a child
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§ 948.40
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Contributing to delinquency of a child
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§ 948.45
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Contributing to truancy
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§ 948.51
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Hazing
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§ 948.60
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Possession of a dangerous weapon by a person under 18
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§ 948.61
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Dangerous weapons other than firearms on school premises
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§ 948.63
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Receiving property from a child
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§§ 951.01–951.18
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Crimes against animals
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§ 961.38
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Prescriptions
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§ 961.41(3g)
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Possession of a controlled substance
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§ 961.573(1)
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Possession of drug paraphernalia
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§ 961.574(1)
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Manufacture or delivery of drug paraphernalia
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§ 961.575(1)
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Delivery of drug paraphernalia to a minor
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§ 961.576
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Advertisement of drug paraphernalia
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A.
Findings and intent.
(1)
This section is a regulatory measure aimed at protecting the health
and safety of children in the Village of Hobart from the risk that
sexual offenders convicted of an offense against a child may re-offend
in locations close to where children congregate. Given the high rate
of recidivism for sexual offenders, and that reducing opportunity
and temptation is important to minimizing the risk of re-offense,
there is a need to protect children where they congregate or play
in public places. Therefore, the Village finds and declares that sexual
offenders are a serious threat to the public safety of children if
regulatory measures are not in place that prohibit their presence
in specified areas designated as places children commonly congregate.
The Village of Hobart finds and declares that in addition to schools
and day-care centers, children congregate or play at child-oriented
facilities, such as parks and playgrounds.
(2)
It is not the intent of this section 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 children
of the Village by prohibiting convicted sexual offenders from loitering
or being present in specified areas around locations where children
regularly congregate in concentrated numbers. It is the further intent
of this section to recognize that convicted sexual offenders must
reenter the community, and the Village of Hobart hereby accepts that
it has a responsibility to convicted sexual offenders and the surrounding
area municipalities to ensure that, in addition to promoting regulatory
measures aimed at protecting children, its regulatory measures are
not aimed at prohibiting convicted sexual offenders from being part
of this society.
B.
CHILD
DESIGNATED OFFENDER
LOITERING
MINOR
ZONES
(1)
(2)
(3)
Definitions. The following words, terms and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except when the context clearly indicates a different meaning:
A person age 16 or younger for purposes of this section.
Any person who is required to register under Wis. Stats.
§ 301.45 and is under court-ordered supervision by the Wisconsin
Department of Corrections for any sexual offense against a child,
unless the person is under the age 18 at the time of the offense and
the offender was not tried and convicted of the offense as an adult.
Whether in a group, crowd, or as an individual, to stand
idly about, loaf, prowl, congregate, wander, stand, linger aimlessly,
proceed slowly or with many stops, to delay or dawdle.
A person age 17 or younger.
Restricted zones. Certain areas that are designated by the Village
as areas children congregate, including, but not limited to, schools,
parks, playgrounds, licensed day-care centers, or any other place
designated by the Village as a place where children are known to congregate.
Restricted zones will not expand beyond the real estate parcel or
parcel(s) upon which the building, park or establishment is located
that instigated the Village's designation of such restricted zone,
but will include contiguous parcels used for ancillary purposes, such
as an athletic field located adjacent to a school.
Loiter-fee zones. The two-hundred-foot radius surrounding all
restricted zones.
Restricted Zone Map. An Official Map shall be maintained by
the Village, showing restricted zones designated in red and loiter-free
zones designated in yellow (the "Restricted Zone Map"). The Village
shall update the Restricted Zone Map at least annually to reflect
any changes in the location of restricted zones and loiter-free zones.
Restricted Zone Maps will be available at the Village's office and
on the Village's official website.
C.
Prohibited location and/or acts.
(1)
Restricted zones.
(a)
Restricted zone restrictions. It is unlawful for any designated
offender to be physically present within a restricted zone under any
of the following circumstances:
(b)
Restricted zone restriction exceptions. A designated offender
may be physically present on any day or time within a restricted zone
if all of the following are present:
(2)
Loiter-free zones. It is unlawful for a designated offender to loiter
within a restricted zone or loiter-free zone.
(3)
Holiday prohibition. It is unlawful for any designated offender to
participate in a holiday event involving children under 16 years of
age, such as distributing candy or other items to children on Halloween,
wearing a Santa Claus costume on or preceding Christmas or wearing
an Easter Bunny costume on or preceding Easter. Holiday events in
which the designated offender is the parent or guardian of the children
involved, and no non-familial children are present, are exempt from
this subsection.
D.
Penalties. A person who violates this section shall be punished by
a forfeiture not exceeding $2,000, together with the actual costs
of prosecution, including attorney fees, if necessary.
No person shall throw or shoot any object, stone, snowball or
other missile or projectile, by hand or by any other means, at any
person or at, in or into any building, street, sidewalk, alley, highway,
park, playground or other public place within the Village.[1]
[1]
Editor's Note: Original Sec. 3.804, Sale and discharge of
fireworks restricted, which immediately followed this section, was
repealed 1-6-2015 by Ord. No. 01-2015.
No person shall stand, sit, loaf, loiter or engage in any sport
or exercise on any public street, sidewalk, bridge or public ground
within the Village in such manner as to prevent or obstruct the free
passage of pedestrian or vehicular traffic thereon or prevent or hinder
free ingress to or egress from any place of business or amusement
or any church, public hall or meeting place.
[Amended 11-7-2018 by Ord. No. 2018-24; 5-17-2022 by Ord. No. 2022-06]
B.
Musical
performance. No musical instruments, radios, jukeboxes, speakers,
or other means of electric sound or music amplification may be used
or operated in an outdoor area, defined as any area, whether or not
enclosed by a roof, which is open to the elements, after 10:00 p.m.
Sunday through Thursday and after 11:00 p.m. on Fridays and Saturdays.
Music that is not amplified may continue in an outdoor area for one
hour longer than allowed for in this subsection, so long as the noise
is not unreasonably loud beyond the property boundaries so as to tend
to cause or provoke a disturbance. No outdoor music shall start earlier
than 7:00 a.m. on any day of the week.
C.
Construction noise. The erection, excavation, demolition, alteration
or repair of any building, as well as the operation of any construction
equipment or any other similar equipment attended by loud or unusual
noise, concussions or disturbing sounds other than between the hours
of 7:00 a.m. and 9:00 p.m. on weekdays and 9:00 a.m. and 5:00 p.m.
on Saturdays, Sundays and public holidays.
D.
Municipal operations exempted. This section shall not apply to public
utilities and public works projects and operations during daytime
hours Monday through Saturday; however, the noise shall be minimized
through proper equipment operations and maintenance. Emergency short-term
operations necessary to protect the health and welfare of the citizens
shall be exempted from this section. Any noise required specifically
by law for the protection, health, welfare, or safety of people or
property shall be exempted from this section.
E.
Other exemptions. All other exemptions to this section may be granted
by the Police Chief or Village Administrator or their designees.
A.
Loitering or prowling prohibited, generally. 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 police
or peace 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 police or peace 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 police or peace 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 police or peace
officer at the time would have dispelled the alarm.
B.
Obstruction of traffic by loitering. No person shall loaf or loiter
in a group or crowd upon the public streets, alleys, sidewalks, street
crossings or bridges or in any other public place within the Village
in such manner as to prevent, interfere with or obstruct the ordinary
free use of such public streets, alleys, sidewalks, street crossings
or bridges or other public places by persons passing along and over
the same.
C.
Loitering after being requested to move.
(1)
In groups or crowds. No person shall loaf or loiter in a group or
a crowd upon the public streets or sidewalks or in adjacent doorways
or entrances, on street crossings or bridges, or in any other public
place, or on any private premises without invitation from the owner
or occupant, after being requested to move by any police officer or
by any person in authority at such places.
(2)
In places of public assembly or use. No person shall loiter, lounge
or loaf in or about any depot, theater, dance hall, restaurant, store,
mall, public sidewalk, public parking lot or other place of assembly
of public use after being requested to move by any police officer
or by any person in authority at such place. Upon being requested
to move, a person shall immediately comply with such request by leaving
the premises or the area thereof.
(3)
Obstructing highways. No person shall obstruct any street, bridge,
sidewalk or crossing by lounging or loitering in or upon the same
after being requested to move on by any police officer.
D.
Loitering in school and playground areas. No person not in official
attendance or on official school business shall enter into, congregate,
loiter, wander, stroll, stand or play in any school building or in
or about any playground area adjacent thereto within the Village on
official school days.
A.
No person shall throw, deposit, place or dump any glass, refuse,
waste, filth, tires, wood waste, grass clippings, weeds, shingles,
waste from cement trucks or any other litter upon the streets, alleys,
highways, public parks or other property of the Village or upon any
private property or upon the surface of any body of water within the
Village.
B.
No person shall place anything in a privately owned dumpster not
owned by them. No person shall place nonrecyclables at a recycling
center.
No person shall resist or interfere with any officer of the
Village while such officer is doing any act in his official capacity
and with lawful authority; nor shall any person refuse to assist an
officer in carrying out his duties when so requested by the officer.
[Amended 6-7-2016 by Ord.
No. 05-2016]
A.
Defined. An "off-road motorized vehicle" is defined as a vehicle
not licensed for operation on highways by the state.
B.
Restricted. No person shall operate any off-road motorized vehicle
on any public roadway in the Village except on duly designated highways,
streets or roadways.
C.
Off-road motorized vehicles allowed.
(1)
A person may operate an off-road motorized vehicle on land owned
by the operator thereof or a member of his immediate family.
(2)
A person may operate an off-road motorized vehicle on undeveloped
private property in the Village, provided that, at the time of the
operation, the person has on his person written permission from the
owner of the property to operate off-road motorized vehicles on such
private property.
D.
Public safety vehicles are exempt from this section.
A.
When goods or money are found in the Village and the person finding
the goods or money does not know the identity of the owner, the person
finding the goods or money shall notify the Police Department and
permit such Department to take possession thereof.
B.
The Police Department shall attempt to identify and notify the owner
of the goods or money and deliver the same to the owner if he appears
at the Department offices to take possession.
C.
If the owner cannot be identified or notified within 30 days of the
time the Police Department takes possession, possession shall be returned
to the person who found the goods or money except as prohibited by
§ 66.0139, Wis. Stats., or other state or federal law.
No person shall enter a motor vehicle, aircraft or watercraft
or any part thereof belonging to another without the consent of the
person in lawful possession of the vehicle, aircraft or watercraft.
No person shall use a killer trap (conibear type trap) or steel-jawed
(leg hold) trap within the Village without DNR permits. Live traps
that do not injure the animal are not prohibited by this section.
No person shall return merchandise to a merchant for the purpose
of claiming a cash refund or credit if the person deceives the merchant
by doing any of the following:
A.
Represents that such person purchased the merchandise when the person
did not purchase it.
B.
Represents that the merchandise was purchased from a particular merchant
when it was not purchased from that merchant.
C.
Represents that the merchandise was purchased for a particular price
when it was purchased for a lower price.
D.
Gives the merchant a false name or address.
A.
Prohibited acts. Any person who with intent to defraud does any of
the following shall be guilty of violating this section:
(1)
Intentionally absconds without paying rent that has been contractually
agreed upon in an oral or written lease with a landlord. Prima facie
evidence of intentionally absconding will be established if a tenant
fails to pay rent due prior to the vacating of the rental premises
by the tenant and the nonpayment of such rent continues for a period
of five days after vacation of the premises; or
(2)
Issues any check, money order or any other form of bank or monetary
draft as a payment of rent, where such document lacks sufficient funds,
where the account is closed or where such draft is unredeemable in
any other form or fashion. Prima facie evidence of intention to defraud
will be established if a tenant fails within five days of a written
demand by the landlord or agent to pay in full the total amount of
the draft presented as rent payment plus any bank charges to the landlord
attributable to the unredeemability of the draft.
B.
Applicability. This section
shall apply to rental agreements between residential landlords and
tenants only. The words and terms used in this section shall be defined
and construed in conformity with the provisions of Ch. ATCP 134, Wis.
Adm. Code, Ch. 704, Wis. Stats., and § 990.001(1), Wis.
Stats. The act of service by a landlord of a legal eviction notice
or notice to terminate tenancy shall not in itself act as a bar to
prosecution under this section.
C.
Procedure. An officer may issue a citation only when the complainant
provides the following:
(1)
The name and current address of the tenant, a copy of the subject
lease agreement or sworn testimony of the terms of the subject oral
lease.
(2)
The amount of rent due, date it was due, date the tenant actually
vacated the premises and testimony that the rent remained unpaid for
not less than five days after vacating and that the tenant did not
notify or attempt to notify the complainant of tenant's new address
or that tenant knowingly gave complainant a false address.
(3)
As to an unredeemable payment, the document used for attempting rent
payment, the written demand for payment of the full amount plus bank
charges, proof that the tenant received the written demand and testimony
that at least five days have elapsed since the demand was received
and no payment has been made.
[Amended 1-6-2015 by Ord.
No. 01-2015]
The Village hereby adopts § 256.35, Wis. Stats. Any
person who intentionally dials the telephone number 911 to report
an emergency, knowing in fact that the situation which he or she reports
does not exist, shall be fined in accordance with the statute.
A.
Permission required. No person shall enter any building, structure,
business or property of another without the permission of the owner
or person in charge.
B.
Presumption. Permission to enter shall be presumed when the area
is normally open to the public. Permission may be withdrawn by the
owner or person in charge.
C.
Authority to climb. No person shall climb any utility pole within
the Village unless that person has been duly authorized by the Village
and/or the utility. No person shall attempt to remove or remove from
any utility pole any Village property, including but not limited to
flags and decorations, unless that person has been duly authorized
by the Village and/or the utility.
Except as otherwise provided herein, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-3 of this Code. In addition to any penalty imposed for violation of this chapter adopting § 943.01(1), Wis. Stats., any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent of any unemancipated minor child who violates this chapter adopting § 943.01(1), Wis. Stats., may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.
[Added 9-5-2017 by Ord.
No. 2017-02]
A.
LOCK BOX
Definitions. For the purposes of this section, the following definition
applies:
A keyed steel lock box container, UL approved, with a high-security
lock and designed to be either surface or recess mounted on a building
to secure keys to such building. This box is designed to hold keys
for emergency entry into buildings. Lock box keys shall be kept by
the Hobart/Lawrence Police, and the Hobart Fire Department.
B.
Requirement and location. A lock box shall be required on all commercial
and industrial structures, multifamily residential structures of four
or more units, government structures, nursing care facilities and
in any other building in the Village as ordered by the Fire Chief
and Police Chief.
(1)
The lock box shall be mounted in an accessible location approved
by the Fire Chief and Police Chief.
(2)
The particular model of lock box shall also be approved by the Fire
Chief and Police Chief and shall contain the following keys necessary
to provide emergency access:
(a)
Keys to locked points of ingress whether on the interior or
exterior of such building; keys to locked mechanical equipment rooms,
keys to locked electrical rooms; keys to elevator controls; and keys
to other areas as directed by the Fire Chief and Police Chief.
(3)
Each key shall be legibly labeled to indicate the lock that a certain
key opens.
(4)
The Fire Chief shall designate the type of key lock box system to
be implemented within the Village of Hobart and shall have the authority
to require all structures to use the designated and approved system.
(5)
The owner or operator of a structure required to have a key lock
box shall, at all times, keep keys in the lock box that will allow
access.
(6)
The Police Chief and Fire Chief shall be authorized to implement
rules and regulations for the use of the lock box system.
(7)
The Police Chief and Fire Chief shall promulgate and enforce procedures
to protect the security of the department's master key lock box key.
C.
New construction exemption. All newly constructed structures subject
to this section shall have the key lock box installed and operational
prior to the issuance of an occupancy permit, unless the Fire Chief
grants an exemption to this requirement and determines that a lock
box is not necessary. It shall be the sole discretion of the Fire
Chief to determine whether to exempt a newly constructed structure
from the key lock box installation requirement.
D.
Maintenance. The owner of any building within the scope of this section
shall maintain the lock box in good working order and be responsible
to assure that keys maintained within the lock box are current keys
to the existing locks in the building. When a change of locks within
a building is necessary, the owner shall advise the Fire Chief and
Police Chief thereof and place new keys in the lock box.
E.
Unauthorized key removal prohibited. No person, except authorized
fire department, law enforcement personnel, or emergency responders
shall remove any key from a lock box without the authorization of
the building owner.
F.
Compliance.
(2)
Existing buildings. All existing buildings within the scope of this section shall comply with Subsection B above no later than six months from the date the building owner is notified by the Village of the requirements of this section. After such six-month period, any building which fails to so comply shall not be occupied, rented, or otherwise used until all requirements of this section have been met.
[Added 9-5-2017 by Ord.
No. 2017-03]
A.
ASSESSABLE COSTS
BOMB THREATS
EMERGENCY ASSISTANCE
EXCESSIVE REQUESTS FOR EMERGENCY ASSISTANCE
HAZARDOUS MATERIAL INCIDENT OR EMERGENCY
HAZARDOUS MATERIALS
ILLEGAL FIRE
MOTOR VEHICLE
PUBLIC SAFETY OR FIRE EMERGENCY INCIDENT
RELEASE
RESPONSIBLE PARTY
STRUCTURE DEMOLITION
THREATS OF HARM TO ONESELF OR OTHERS
UTILITY LINE FAILURE
VILLAGE
Definitions. Unless the context specifically indicates otherwise,
the meaning of the terms used in this section shall be as follows:
Those costs for services incurred by the Village in connection
with a response to a public safety or fire emergency incident, including,
but not limited to, the actual labor and material costs of the Village
(including, without limitation, employee wages, fringe benefits, administrative
overhead, costs of equipment, costs of equipment operation, costs
of materials, costs of transportation, costs of material disposal
and costs of contracted labor) whether or not the services are provided
by the Village or by a third party on behalf of the Village; service
charges and interest; attorneys' fees, litigation costs and any costs,
charges, fines or penalties to the Village imposed by any court or
state or federal governmental entities.
The verbal or written threat of a bomb or other explosive
device which if discharged as threatened would violate a federal,
state or local law.
Emergency medical, public safety, police, fire or civil defense
services.
Any request for emergency assistance made to a particular
location or premises if such location or premises has requested emergency
assistance more than three times in the preceding 30 days.
Any occurrence, incident, activity, accident or emergency
where a release of hazardous materials occurs or is reasonably imminent
and where the Fire Chief or his or her designee has so declared such
activity, accident or emergency a hazardous material incident or emergency.
Those elements, substances, wastes or byproducts, including,
but not limited to, combustible liquid, flammable gas, explosives,
flammables, poisons, organic peroxides, oxidizers, pyrophorics, unstable
reactive matter, water reactive matter, petroleum products, anti-freeze,
polychlorinated biphenyls and asbestos, which are or are potentially
harmful to the environment or human or animal life, or which pose
an unreasonable or imminent risk to life, health or safety of persons
or property, or to the ecological balance of the environment as determined
by the Fire Chief or the senior fire official of the Village in charge
at the scene.
A fire set or determined to have been set in violation of
a federal, state or local law and shall include an arson fire and
a fire set in violation of a no-burning ban or order. An illegal fire
does not include an unintentional fire or fire caused by an act of
God.
Any self-propelled or towed vehicle designed or used on the
public streets, roads and highways to transport passengers or property
which is required to be registered for use upon such public streets,
roads and highways and, for the purposes hereof, all trailers or appurtenances
attached to any motor vehicle.
Requests for emergency assistance, a false alarm, a hazardous
material incident or emergency, an illegal fire, bomb threats, threats
of harm to oneself or others, a structure demolition, or a utility
line failure.
Any actual or threatened spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, leaching, dumping or disposing
into the environment, including, but not limited to, the air, soil,
groundwater and surface water.
Any individual, firm, corporation, association, partnership,
commercial entity, consortium, joint venture, government entity or
any other legal entity responsible for a public safety or fire emergency
incident or any owner, tenant, occupant or party in control of real
or personal property from which, onto which or related to which there
is a public safety or fire emergency incident, including heirs, estates,
successors, agents or assigns.
The tearing down of a structure damaged by fire which the
Fire Chief, or his or her designee, has determined must be promptly
demolished to protect public safety.
The verbal or written threat of physical harm to oneself
or another or another's property which if carried out would be a violation
of federal, state or local law.
The disabling of any transmission or service line, cable,
conduit, pipeline, wire or the like used to provide, collect or transport
electricity, natural gas, communication or electronic signals (including,
but not limited to, telephone, computer, cable television and stereo
signals or electronic impulses), water or sanitary or storm sewage.
The Village of Hobart, Brown County, Wisconsin.
B.
Cost recovery authorization and procedure.
(1)
The Village may recover all assessable costs in connection with a
public safety or fire emergency incident from any or all responsible
parties jointly or severally.
(2)
The Village Administrator or his or her designee shall determine
the total assessable costs and shall in consultation with other Village
personnel involved in responding to a public safety or fire emergency
incident determine whether to assess any, all or part of such costs
against any of the responsible parties. In making such determination,
the following shall be considered:
(a)
The total assessable costs;
(b)
The risk the public safety or fire emergency incident imposed
on the Village, its residents and their property;
(c)
Whether there was any injury or damage to person or property;
(d)
Whether the public safety or fire emergency incident required
evacuation;
(e)
The extent the public safety or fire emergency incident required
an unusual or extraordinary use of Village personnel and equipment;
and
(f)
Whether there was any damage to the environment.
(3)
After consideration of the factors in Subsection B(2) above, the Village Administrator may allocate assessable costs among and between responsible parties, including allocating all or some of such costs jointly and severally against more than one responsible party regardless of whether a responsible party is subject to other legal liability or fault.
(4)
If the Village Administrator determines not to assess all or a part
of assessable costs against a responsible party, such determination
shall not limit or extinguish the liability of the responsible party
to other parties.
C.
Billing and collection of assessable cost. After determining to assess assessable costs against a responsible party, the Village Clerk shall mail an itemized invoice to the responsible party at its last known address. Such invoice shall be due and payable within 30 days of the date of mailing, and any amounts unpaid after such date shall bear a late payment fee equal to 1% per month or fraction thereof that the amount due and any previously imposed late payment fee remains unpaid. If a responsible party appeals assessable costs pursuant to Subsection D below, such costs, if upheld, in whole or in part, shall be due and payable 30 days from the date of determination of the appeal, and any late payment fees shall apply thereafter.
D.
Procedure for appealing assessable costs. Any responsible party who
receives an invoice for assessable costs shall have an opportunity
to meet with the Village Administrator or his or her designee to request
a modification of assessable costs. The responsible party shall request
in writing such meeting within seven calendar days of the date of
the invoice assessing the assessable costs. If, after meeting with
the Village Administrator, or his or her designee, the responsible
party is not satisfied with the determination of the Village Administrator,
the responsible party may request an opportunity to appear before
the Village Board of Trustees to further request a modification of
assessable costs. A responsible party who desires to appear before
the Village Board of Trustees must file a written request to appear
before the Village Board of Trustees with the Village Administrator
within seven calendar days of the date of the meeting with the Village
Administrator. Upon receipt of such request, the Village Administrator
will place the responsible party's request for a modification of assessable
costs on the agenda of the next regularly scheduled Village Board
of Trustees meeting. Any filed request to appear shall specifically
identify and explain all reasons why the responsible party believes
the assessed costs should be modified. Any reason, basis or argument
for modification of assessable costs not set forth in the request
to appear shall be deemed waived by the responsible party. Failure
to timely file a written request to appear shall constitute a waiver
of the responsible party's right to appear before the Village Board
of Trustees; and shall further constitute the responsible party's
agreement to pay the assessable costs invoiced. After a responsible
party has been given an opportunity to appear before it, the Village
Board of Trustees shall promptly determine whether to confirm, modify
or void the payment of assessable costs invoiced.
E.
Assessable costs a lien upon property. Assessable costs assessed
against a responsible party that are not paid when due, including
late payment fees, shall constitute a lien upon the real property
owned by the responsible party, from which, upon which or related
to which the public safety or fire emergency incident occurred. The
Village Clerk shall, on November 15 of each year, certify to the Brown
County Treasurer the fact that such special charges are delinquent
and unpaid. The Brown County Treasurer shall then enter the special
charges on the next general tax roll as a charge against the affected
property, and the lien thereon shall be enforced in the same manner
as provided and allowed by law for delinquent and unpaid real property
taxes.
F.
Remedies. In addition to the remedy set forth in Subsection E above, the Village shall be entitled to pursue any other remedy or may institute any appropriate action or proceeding in a Wisconsin court of competent jurisdiction as permitted by law to collect assessable costs from a responsible party.
G.
No limitation of liability. The recovery of assessable costs described
above does not limit the liability of a responsible party under applicable
local, state or federal law.
H.
Severability. Should any provision or part of this article be declared
by a court of competent jurisdiction to be invalid or unenforceable,
the same shall not affect the validity or enforceability of any other
provision or part which shall remain in full force and effect.
[Added 9-5-2017 by Ord.
No. 2017-04]
A.
Interpretation and application. In the interpretation and application
of this section, the provisions herein shall be construed to protect
the public health, safety and welfare. Where the conditions imposed
by any provision of this section are either more or less restrictive
to the public than comparable provisions imposed by any other law,
ordinance, statute, or regulation of any kind, the regulations which
are more restrictive or which impose higher standards or requirements
on the public shall prevail. Should any court of competent jurisdiction
declare any section or subpart of this section to be invalid, such
decision shall not affect the validity of the section as a whole or
any part thereof, other than the provision declared invalid.
B.
CHEMICAL DUMP SITE
CLANDESTINE DRUG LAB OPERATION
CLANDESTINE DRUG LAB SITE
CONTROLLED SUBSTANCE
DIRECTOR OF NEIGHBORHOOD SERVICES
HOUSEHOLD HAZARDOUS WASTE
MANUFACTURE
OWNER
SITE
VILLAGE
Definitions. For the purposes of this section, the following terms
or words shall be interpreted as follows:
Any place or area where chemicals or other waste materials
used in a clandestine drug lab operation have been located.
The unlawful manufacture or attempt to manufacture a controlled
substance.
Any place or area where law enforcement has determined that
an unlawful clandestine drug lab operation exists or existed. A clandestine
drug lab site may include, but is not limited to, dwellings, accessory
buildings, structures or units, vehicles, boats, trailers or any other
area or locations.
Any drug, substance or immediate precursor in Ch. 961, Wis.
Stats., together with any amendments or modifications thereto. The
term shall not include distilled spirits, wine, malt beverages, intoxicating
liquors or tobacco.
The Director of Neighborhood Services for the Village of
Hobart or his/her duly authorized representative(s).
Waste generated from a clandestine drug lab operation.
In places other than a pharmacy, means and includes the production,
cultivation, quality control, and standardization, by mechanical,
physical, chemical or pharmaceutical means, and the packing, repacking,
tableting, encapsulating, labeling, relabeling, or filling of a controlled
substance.
Any person(s), firm(s), corporation(s) or other entity who
or which owns, in whole or in part, the land, building, structure,
vehicle, boat, trailer or other location associated with a site.
A chemical dump site and/or clandestine drug lab site.
The Village of Hobart, Brown County, Wisconsin.
C.
Declaration of site as a public health nuisance. A site, all areas
in proximity to a site, and all personal property located on areas
in proximity to a site, are potentially unsafe due to health hazards
and are hereby declared to be a public health nuisance.
D.
Law enforcement action.
(1)
When a law enforcement authority determines the existence of a site,
the site and all personal property located in proximity to the site
shall be declared a public health nuisance. Law enforcement authorities
who identify conditions associated with a site are authorized to take
the following action:
(a)
Promptly notify the Director of Neighborhood Services, child
protection officials, public health authorities, and the appropriate
enforcement division of the Drug Enforcement Administration of the
United States Justice Department. This notice must, at a minimum,
identify the location of the site, the property owner, if known, and
the conditions found on the site.
(b)
Treat, store, transport or dispose of all household hazardous
waste found at the site in a manner consistent with state and federal
rules and regulations.
(c)
Issue a temporary declaration of public health nuisance for
the site and post a copy of the declaration on all doorway entrances
to the site or, in the case of bare land, post the declaration in
several conspicuous places on the property. This temporary declaration
of public health nuisance issued by law enforcement shall not expire
until after the Director of Neighborhood Services inspects the site
and determines the appropriateness of issuing a permanent declaration
of public health nuisance.
(d)
Notify all persons occupying the site that a temporary declaration
of public health nuisance has been issued.
(e)
Require all persons occupying the site to immediately vacate
the site, to remove all pets from the site, and not to return to the
site without written authorization from the Director of Neighborhood
Services.
(f)
Notify all occupants vacating the site that all personal property
at the site may be contaminated with dangerous chemical residue.
(g)
After all occupants have vacated the site, put locks on each
doorway entrance to any buildings located on the site to prohibit
unauthorized access to the site.
(2)
Prompt notification of the persons and organizations mentioned above
may be delayed to accomplish appropriate law enforcement objectives,
but only to the extent that public health and child protection responsibilities
are not unnecessarily compromised.
E.
Seizure of property. When the site is inside a vehicle, boat, trailer
or other form of movable personal property, law enforcement authorities
shall immediately seize it and not allow it to be transported except
to a more secure location. In such circumstances, all other requirements
of this section shall be followed as closely as possible given the
specific type of property in which the site is discovered.
F.
Action by building inspector.
(1)
Inspection and declaration of nuisance. Within 48 hours of notification
that law enforcement authorities have determined the existence of
a site, the Director of Neighborhood Services shall cause the site
to be inspected to determine whether a permanent declaration of public
health nuisance should be issued. Based on the results of the inspection,
the Director of Neighborhood Services may then promptly issue a permanent
declaration of public health nuisance and a do-not-enter, unsafe-to-occupy
order for the site to replace the temporary declaration issued and
posted by law enforcement. A copy of the permanent declaration and
order shall be posted on all doorway entrances to the site or, in
the case of bare land, shall be posted in several conspicuous places
on the property.
(2)
Abatement order. Within 24 hours after the permanent declaration
of public health nuisance has been issued and posted, the Director
of Neighborhood Services shall send written notice to the site owner
ordering abatement of the public health nuisance. The abatement order
shall include the following information:
(a)
A copy of the declaration of public health nuisance and do-not-enter,
unsafe-to-occupy order and a copy of this section;
(b)
Information about the potentially hazardous condition of the
site;
(c)
Notification of the immediate suspension of the site's rental
license if applicable; and
(d)
Information that may help the owner locate appropriate services
necessary to abate the public health nuisance.
(3)
Notice to concerned parties. Within three days after the permanent
declaration of public health nuisance has been issued and posted,
the Director of Neighborhood Services shall also mail a copy of the
permanent declaration of public health nuisance, a copy of this section,
and a notification of the suspension of the site's rental licenses,
if applicable, to the following concerned parties at their last known
address:
(a)
Occupants or residents of the site if the identities of such
persons are known; and
(b)
Neighbors in proximity to the site who may be affected by the
conditions found, as determined by the Director of Neighborhood Services;
and
(c)
The Hobart Village Administrator; and
(d)
The Hobart Chief of Police or his/her duly authorized representative(s);
and
(e)
The Drug Enforcement Administration of the United States Justice
Department; the Brown County Health Department, the Wisconsin Department
of Health, and the Wisconsin Department of Natural Resources.
(4)
Modification or removal of declaration. The Director of Neighborhood
Services is authorized to modify or remove the permanent declaration
of public health nuisance after he or she receives documentation from
a Village-approved environmental hazard testing and cleaning firm
stating that the suspected health and safety risks, including those
to neighbors and potential dwelling occupants, either do not exist
or have been sufficiently abated or corrected to justify amendment
or removal of the declaration.
G.
Site owner's responsibility to act. Within 10 business days of the
date the abatement order is mailed to the owner of the site, the owner
shall accomplish the following:
(1)
Provide the Director of Neighborhood Services with written notification:
(a)
That the owner has confirmed that all persons and their pets
have vacated the site;
(b)
Of the name(s) of all children who the owner believes were residing
at the site; and
(c)
That the site will remain vacated and secured until the public
health nuisance is completely abated as required by this section.
(2)
Contract with one or more Village-approved environmental hazard testing
and cleaning firms to conduct the following work in accordance with
the most current state and federal health guidelines:
(a)
A detailed on-site assessment of the extent of contamination
at the site and the contamination of the personal property therein;
(b)
Soil testing of the site and testing of all property and soil
in proximity to the site which the environmental hazard testing and
cleaning firm determines may have been affected by the conditions
found at the site;
(c)
A complete cleanup of the site (including but not limited to
the cleanup or removal of plumbing, ventilation systems, fixtures
and contaminated soil) or a demolition of the site and a complete
cleanup of the demolished site;
(d)
A complete cleanup, or disposal at an approved dump site, of
all personal property in the site;
(e)
A complete cleanup of all property and soil in proximity to
the site which is found to have been affected by the conditions found
at the site;
(f)
Remediation testing and follow-up testing, including but not
limited to testing of the ventilation system and plumbing, to determine
that all health risks are sufficiently reduced, according to state
and federal health guidelines, to allow safe human occupancy and use
of the site and use of the personal property therein and of all property
and soil in proximity to the site;
(g)
Provide the Director of Neighborhood Services with the identity
of the testing and cleaning firm with which the owner has contracted
for abatement of the public health nuisance as required above; and
(h)
Provide the Director of Neighborhood Services with a written
cleanup schedule with reasonable deadlines for completing all actions
required by the abatement order.
H.
Site owner's verification of compliance. The site owner must meet
all deadlines established on the cleanup schedule. Pursuant to the
deadlines established by the cleanup schedule, the site owner is required
to provide the Director of Neighborhood Services with a signed statement
from a Village-approved environmental hazard testing and cleaning
firm that the site, all personal property therein and all property
and soil in proximity to the site, is safe for human occupancy and
use and that the cleanup was conducted in accordance with the most
current state and federal health guidelines.
I.
Site owner's responsibility for costs. The site owner is responsible
for all costs, including those of the Village, of dealing with and
abating the public health nuisance, including contractors' fees and
the Village's costs for services performed in association with the
site. The Village's costs may also include, but shall not be limited
to:
(1)
Posting of the site;
(2)
Notification of affected parties;
(3)
Securing the site, providing limited access to the site, and prosecution
of unauthorized persons found at the site;
(4)
Expenses related to the recovery of costs, including the assessment
process;
(5)
Laboratory fees;
(6)
Cleanup services;
(7)
Administrative fees;
(8)
Legal fees; and
(9)
Other associated costs.
J.
Village action and recovery of costs.
(1)
If the site owner fails to comply with any of the requirements of this section, the Director of Neighborhood Services is authorized to take all reasonable actions necessary to abate the public health nuisance, including, but not limited to, contracting with a Village-approved environmental hazard testing and cleaning firm to conduct the work outlined in Subsection F(2) above.
(2)
If the costs to clean the site or to clean or dispose of the personal
property at the site are prohibitively high in relation to the value
of the site or the personal property, the Village is authorized to
remove or demolish the site, structure or building and/or dispose
of the personal property therein. These actions shall be taken in
accordance with the provisions of § 66.0413, Wis. Stats.,
together with any amendments or modifications thereto.
(3)
If the Village abates the public health nuisance, in addition to
any other legal remedy, the Village shall be entitled to recover all
of its out-of-pocket costs plus an additional 25% of such costs for
administrative and legal expense. The Village may recover its costs
both by civil action against the owner of the site, and by assessing
such costs as a special charge against the site to be collected at
the time real estate taxes are due and payable. The Director of Neighborhood
Services is authorized to notify any lien and/or mortgage holders
of the circumstances affecting the site.
K.
Recovery of costs from persons causing damage. No provision of this
section shall limit the ability or right of any impacted individual(s)
or entity to recover costs specified under this section from any person(s)
or other entity contributing to the creation of a public health nuisance,
such as the operators of the site, and/or from other lawful sources.
L.
Site owner and address. When the site is real property and the owner
or the address of the owner of the site is unknown, the owner and
the owner's address is deemed to be that of the property's taxpayer's
name and address as that information is maintained by the county auditor's
office. When the site is a vehicle, boat or trailer and the owner
or the address of the owner of the site is unknown, the owner and
the owner's address is deemed to be that of the person on file as
the owner on the current or most recent title to the vehicle, boat
or trailer.
M.
Unauthorized removal of postings. It is unlawful for any person,
except those authorized by the Village, to remove a temporary or permanent
declaration of public health nuisance and/or do-not-enter, unsafe-to-occupy
order from a site.
N.
Entry into or onto site. While a declaration of public health nuisance
for an affected site is in effect and has been posted at the site,
no persons are permitted inside the site or on the site property without
the prior written consent of the Director of Neighborhood Services
or as otherwise authorized by this section. To confirm compliance
with this section and to execute their duties under this section,
law enforcement officers, the Director of Neighborhood Services, and
any persons designated by the Building Inspector may enter onto the
site property or enter into the site at any time while a declaration
of public health nuisance is in effect for the site.
O.
Removal of personal property from the site. While a declaration of
public health nuisance for an affected site is in effect and has been
posted at the site, no personal property may be removed from the site
without prior written consent from the Director of Neighborhood Services.
Consent to remove personal property shall only be granted at the discretion
of the Director of Neighborhood Services, and only in cases of hardship
after:
(1)
A Village-approved environmental hazard testing and cleaning firm
has advised the Village, in writing, that the item(s) of personal
property can be sufficiently cleaned to remove all harmful contamination;
and
(2)
The owner of the personal property agrees in writing:
(a)
That the owner is aware of the danger of using the contaminated
property;
(b)
That the owner will thoroughly clean the property to remove
all contamination before the property is used; and
(c)
That the owner releases and agrees to indemnify the Village,
its agents, employees, assigns and the Village of Hobart Board of
Trustees from all liability to the owner and/or third persons for
injuries or damages caused, or alleged to have been caused, by the
contaminated property.
P.
Penalties. Any person(s), firm(s), corporation(s), or other entity/entities violating any provision of this section shall, in addition to any costs above set forth, also be subject to the penalties as provided in § 1-3 of this Code together with the costs of prosecution. The default of payment of such forfeiture and costs of prosecution may result in imprisonment in the Brown County jail until said forfeiture and costs are paid, but not to exceed six months.