[Amended by Ord. No. 2014-0507]
A.
Concealed weapons.
(1)
No person shall within the Village wear or in any manner carry under
his clothes or conceal upon or about his person any deadly or dangerous
weapon, unless a valid license to carry a concealed weapon as designated
under § 175.60, Wis. Stats., has been duly issued. This
subsection shall not apply to a peace or law enforcement officer or
member of the military in the line of duty as defined in Wisconsin
Statutes.
(2)
"Dangerous weapon" means any firearm, whether loaded or unloaded,
or any device designed as a weapon and capable of producing death
or great bodily harm, or any other device or instrumentality which,
in the manner it is used or intended to be used, is calculated or
likely to produce death or great bodily harm.
B.
Concealed weapons in school buildings prohibited. No person, except
peace or law enforcement officer or member of the military in the
line of duty as defined in Wisconsin Statutes, may carry; possess,
or control a firearm in a public library, the public pool, or within
the fenced public pool grounds. A person who has a valid license to
carry a concealed weapon or out-of-state concealed-carry weapon licensee
may possess a weapon or firearm within 1,000 feet of the grounds of
a school, but not in or on school grounds or parking lots. These restrictions
do not apply to a person who drives a motor vehicle in which a weapon
or firearm is located onto school premises for school sanctioned purposes
or for the purpose of delivering or picking up passengers or property
if the weapon is not removed from the vehicle or used in any way.
C.
Specific concealed weapons prohibited. No person, except a sheriff,
constable, police officer or other law enforcement officer acting
within the scope of their duties, shall carry or wear concealed about
his person any, slingshot, crossknuckle of lead, brass or other materials,
switchblade, or any other dangerous or deadly weapon which does not
fit within the definition of "weapon" under § 175.60(1)(j),
Wis. Stats., within the Village.
D.
Possession, sale and manufacture of certain weapons prohibited.
(1)
No person shall sell, manufacture, purchase, possess or carry a "numchuk"
(also called a "nunchaku") or a "churkin" or a "sucbai" or similar
weapon within the Village of Monticello.
(2)
CHURKIN
NUMCHUK or NUNCHAKU
SUCBAI
For the purpose of this section, the following definitions shall
apply:
A round throwing knife consisting of several sharp points
protruding from a rounded disc.
An instrument consisting of two or more sticks, clubs or
rods connected by a rope, cord, wire or chain.
A short length of wood or metal or similar material which
when gripped in the hand protrudes on either side of the fist. Such
prohibited instrument may or may not have spikes or short pointed
protrusions from either end.
[Amended by Ord. No. 2014-0507]
A.
It shall be unlawful for any person to discharge or throw by any
means any dangerous missile, object, arrow, stone, snowball or other
missile on any property owned or leased by the Village of Monticello,
or within 100 yards of any building within the boundaries of the Village
of Monticello.
B.
Exceptions.
(1)
A person may hunt with a bow and arrow or crossbow within 100 yards
of a building if granted express permission from the owner of the
land upon which the building is located, provided that the any person
who hunts with the bow and arrow or crossbow to discharges the arrow
or bolt from the respective weapon toward the ground.
(2)
Upon written application to the Chief of Police and Village Board,
a person may be granted permission by the Village Board to construct
and maintain supervised archery ranges if, in the opinion of the Village
Board, the construction or maintenance of such ranges will not endanger
the public health and safety.
Whoever commits any of the following acts shall be subject to the general penalty as provided in § 1-6 of this Code:
A.
Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent;
B.
Makes a wireless/cell telephone call, where conversation does not
ensue, and initiates and completes image transmission or text messaging,
with the intent to abuse, threaten or harass any person at the called
number or numbers;
C.
Makes or causes the land-based or wireless/cell telephone of another
repeatedly or continuously to ring, with intent to harass any person
at the called number or numbers;
D.
Makes repeated land-based or wireless/cell telephone calls, during
which conversation ensures, solely to abuse, threaten or harass any
person at the called number or numbers;
E.
Knowingly permits any land-based or wireless/cell telephone under
his control to be used for any purpose prohibited by this section;
F.
In conspiracy or concerted action with other persons, makes repeated
or simultaneous land-based or wireless/cell telephone calls solely
to harass any person at the called number or numbers.
[Amended 5-6-2009 by Ord.
No. 2009-0506]
No person shall sell, expose or offer for sale, use, keep, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Village unless he shall be authorized by a fireworks permit as provided in Chapter 205, Fireworks, of the Code of the Village of Monticello. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all rockets or similar missiles containing explosive fuel.
A.
Obstructing streets. No person shall stand, sit, loaf or loiter or
engage in any sport or exercise on any public street, 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 to
prevent or hinder free ingress or egress to or from any place of business
or amusement, church, public hall or meeting place.
B.
Blocking sidewalk prohibited. No person shall block any sidewalk
by obstructing the same so that it is impossible for a pedestrian
to travel along the sidewall without leaving the sidewalk and walking
on adjacent property or on the street.
C.
Free speech. This section shall not be interpreted as prohibiting
any person from stopping on any sidewalk to talk or to make a speech,
provided that such person shall not stand in such a location that
it is impossible for any pedestrian to travel along the sidewalk without
leaving the sidewalk and walking on adjacent property or on the street.
If two or more persons are engaged in talking while stopped on a sidewalk,
they shall not stand in such locations as to completely prevent any
pedestrian from passing them on the sidewalk.
D.
BLOCK
SIDEWALK
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
To interfere with unobstructed travel by any means, including,
but not limited to, standing on the part of the walk that is fit for
travel, or placing any object or vehicle whatsoever on such walk.
Any sidewalk owned or maintained by the Village. The term
shall not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
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
section, afford the person an opportunity to dispel any alarm which
would otherwise be warranted, by requesting him to identify himself
and explain his presence and conduct. No person shall be convicted
of an offense under this subsection if the police 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.
A.
Loud and unnecessary noise prohibited. It shall be unlawful for any
person to make, continue or cause to be made or continued any loud
and unnecessary noise.
B.
Types of loud and unnecessary noises. The following acts are declared
to be loud, disturbing and unnecessary noises in violation of this
section, but this enumeration shall not be deemed to be exclusive:
(1)
Horns, signaling devices. The sounding of any horn or signaling device
on any automobile, motorcycle or other vehicle on any street or public
place in the Village for longer than three seconds in any period of
one minute or less, except as a danger warning; the creation of an
unreasonable loud or harsh sound by means of any signaling device
and the sounding of any plainly audible device for an unnecessary
and unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust and the use of any signaling
device when traffic is for any reason held up.
(2)
Radios, phonographs, similar devices. The using, operating or permitting
to be played, used or operated any radio receiving set; musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound in a loud and unnecessary manner. The operation of any set,
instrument, phonograph, machine or device between the hours of 10:00
p.m. and 7:00 a.m. in a manner as to be plainly audible at the properly
line of the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this section.
(3)
Loudspeakers, amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which
is cast upon the public streets for the purpose of commercial advertising
or attracting attention of the public to any building or structure.
Announcements over loudspeakers can only be made by the announcer
in person and without the aid of any mechanical device.
(4)
Animals, birds. The keeping of any animal or bird which causes frequent
or long continued unnecessary noise.
(5)
Steam whistles. The blowing of any steam whistle attached to any
stationary boiler except to give notice of the time to begin or stop
work or as a warning of fire or danger or upon request of proper Village
authorities.
(6)
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motor boat except
through a muffle or other device which will effectively prevent loud
or explosive noises therefrom.
(7)
Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building, as well as the operation
of any pile driver, steam shovel, pneumatic hammer, derrick, steam
or electric hoist, or any other similar equipment attended by loud
or unusual noise, other than between the hours of 7:00 a.m. and 10:00
p.m.; provided, however, the Building Inspector shall have the authority,
upon determining that the loss of inconvenience which would result
to any party in interest would be extraordinary and of such nature
as to warrant special consideration, to grant a permit for a period
necessary within which time such work and operation may take place
within the hours of 10:00 p.m. to 7:00 a.m.
(8)
Schools, courts, churches, hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while in use, or adjacent to any hospital, which unreasonably
interferes with the normal operation of that institution, or which
disturbs or unduly annoys patients in the hospital provided that conspicuous
signs are displayed in those streets indicating a school, hospital
or court street.
(9)
The provisions of this section shall not apply to:
(a)
Any vehicle of the Village while engaged in necessary public
business.
(b)
Excavations or repairs of streets or other public construction
by or on behalf of the Village, county, or state at night when public
welfare and convenience renders it impossible to perform such work
during the day.
(c)
The reasonable use of amplifiers or loudspeakers in the course
of public addresses which are noncommercial in nature.
C.
Stationary noise limits.
(1)
Maximum permissible sound levels.
(a)
Noise from a stationary source shall not exceed the following
standards for maximum sound pressure levels measured at the property
line.
|
Zone
|
Noise Rating-Day-Time
(db)
|
Noise Rating-Nighttime
(db)
|
|---|---|---|
|
Residential
|
60
|
50
|
|
Commercial
|
70
|
70
|
|
All other zones
|
75
|
75
|
(b)
Ambient noise is the all-encompassing noise associated with
a given source, usually being a composite of sounds with many sources
near and far, but excluding the noise source being measured. Ambient
noise is a factor and the subject noise shall exceed the ambient noise
by 5 db in any octave band to be designated excessive.
(2)
Construction noise. Construction equipment in any zone may be operated
between the hours of 7:00 a.m. and 10:00 p.m. provided that said equipment
does not exceed a maximum sound level of 80 db(a) measured at the
property line of the location at which said equipment is in use.
(3)
Noise in residential districts. In residential zones, the person
in violation of this section shall be ordered to reduce the sound
pressure to acceptable levels immediately by the monitoring officer.
(4)
Operation of certain equipment. Lawn mowers, chain saws, powered
garden equipment, electric insect killing/repelling devices and other
nonconstruction maintenance equipment shall be operated only during
the hours between 7:00 a.m. and 9:00 p.m. unless within the specified
noise levels measured at the property line of the location at which
said equipment is in use.
(5)
Exemptions. Operations of emergency equipment shall be exempt from
this chapter. Snowblowers not operated on a commercial basis shall
be exempt from this chapter when used to gain access to a Village
street. Emergency equipment shall include ambulance, police, fire,
snow removal, civil defense sirens, etc., necessary for the health,
safety, and protection of the citizens of the Village.
(6)
Methods of measuring noise.
(a)
Equipment. Noise measurement shall be made with a sound level
meter.
(b)
Location of noise meter. Noise measurement shall be made at
the nearest lot line of the premises from which a noise complaint
is received. The noise meter shall be placed at a height of at least
three feet above the ground and at least three feet away from walls,
barriers, obstructions, and all other sound reflective surfaces.
(7)
Appeals. The Village Board may grant an exemption to individuals
proving evidence of substantial hardship. Evidence that reasonable
technological attempts have been made to correct the problem shall
be considered grounds for granting an exemption to this chapter for
existing industries.
D.
Permits for amplifying devices.
(1)
Permit required. The use of loudspeakers or amplifying devices on
the streets or in the parks of the Village of Monticello is prohibited
unless the party desiring to use such loudspeaker or amplifying device
first obtains a permit from the Chief of Police.
(2)
Grounds or reasons for denial or allowance. The Chief of said Police
Department shall have the authority to revoke such permit when he
believes such loudspeaker or amplifying device is becoming a nuisance
because of the volume, the method in which it is being used or the
location in which it is being operated.
(3)
Time restrictions. The Chief of Police shall not grant a permit to
use a loudspeaker or amplifying device before the hours of 9:00 a.m.
or after 9:00 p.m. Nor shall a permit be granted to anyone who, in
the opinion of the Chief of Police, uses said loudspeaker or amplifying
device in such a manner or for such a purpose as to constitute a nuisance.
A.
Disorderly conduct prohibited. No person within the Village of Monticello
shall:
(1)
In any public or private place engage in violent, noisy, riotous,
abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct which tends to cause or provoke an immediate disturbance
of public order or tends to annoy or disturb any other person.
(2)
Intentionally cause, provoke or engage in any fight, brawl, riot
or noisy altercation other than a bona fide athletic contest.
B.
Disorderly conduct with motor vehicle. No person shall make unnecessary
and annoying noises with a motor vehicle, including motorcycles and
all-terrain vehicles, by squealing tires, excessive acceleration of
the engine or by emitting unnecessary and loud muffler noise.
C.
Defecating or urinating in public places. It shall be unlawful for
any person to defecate or urinate outside of designed sanitary facilities,
upon any sidewalk, street, alley, public parking lot, park, playground,
cemetery or other public area within the Village, or upon any private
property in open view of the public, or in the halls, stairways or
elevators of public or commercial buildings, or to indecently expose
his person.
A.
Controlled substances. It shall be unlawful for any person to possess
a controlled substance contrary to the Uniform Controlled Substances
Act, Chapter 961 of the Wisconsin Statutes.
B.
Possession of marijuana. No person shall possess an amount of marijuana,
tetra-hydrocannabinois or any derivative thereof, unless the substance
was obtained directly from, or pursuant to a valid prescription or
order of, a licensed physician or pharmacist for a valid medical purpose.
A.
It shall be unlawful for any person, except as provided in Subsection B hereof, to be present in, loiter or enter into any public school building, school parking lot or on any public school grounds without the permission of the school principal, custodian or other person in charge thereof between 7:30 a.m. and 4:30 p.m. on official school days.
B.
This section shall not apply to:
(1)
Students regularly enrolled in public schools who have not been properly
ordered by the school principal, custodian or other person in charge
thereof to leave the school building or school grounds;
(2)
Persons coming into the school building or school grounds for the
purpose of attending scheduled school or civic functions, or making
use of the recreational facilities located upon or within school premises,
but as to such attendance or use, this exception shall apply only
to the portion of the premises on which facilities are located and
during the hours such facilities are specifically open to the general
public or an invited portion thereof;
(3)
Parents or legal guardians of a regularly enrolled student. However,
such parent or legal guardian may be required to register at the school
office.
C.
The exceptions set forth in Subsection B shall not apply to any person who, while in school buildings or on school grounds, commits or attempts to commit any act prohibited by statute or ordinance.
D.
All entrances to the school buildings shall be posted with a notice
stating "Entry Into School Building by Unauthorized Persons Prohibited."
All school grounds shall be posted with a notice stating "Entry Upon
School Grounds by Unauthorized Persons Prohibited."
It shall be unlawful for any person to fail to obey the direction
or order of a police officer while such police officer is acting in
an official capacity in carrying out his or her duties.[1]
