[HISTORY: Adopted by the Village Board of the Village of
Fox Crossing 7-13-2020 by Ord.
No. 200713-1.[1] Amendments noted where applicable.]
Attachment 1 - Exhibit A, Discharge of Firearms Map
Attachment 2 - Exhibit B, Safe Zones-Discharge of Firearms Prohibited Zone
Attachment 2 - Exhibit B, Safe Zones-Discharge of Firearms Prohibited Zone[1]
Editor's Note: This chapter derives from §§ 7.01
to 7.18 and 7.22 to 7.24 of the former Municipal Code, amended 12-5-1988,
7-18-1999, 10-10-2005, 11-28-2005, 5-22-2006, 1-25-2010, 8-13-2012,
1-13-2014, 8-10-2015, 9-29-2015, 3-28-2016, 3-12-2018 by Ord. No.
180226-2, 9-24-2018 by Ord. No. 180924-1 and 10-22-2018 by Ord. No.
181022-1.
A.
State laws adopted. The provisions of the following Wisconsin Statutes
are hereby adopted by reference and made a part of this code so far
as applicable. Whenever this chapter incorporates by reference specific
sections of the Wisconsin Statutes or generally refers to them, such
reference shall mean the Wisconsin Statutes, as from time to time
amended, repealed, or modified by the Wisconsin Legislature.
(1)
Section 118.15, Compulsory school attendance.
(2)
Section 175.60, Concealed carry prohibited (Police Department, courtroom,
etc.).
(3)
Section 192.32, Trespassing on railroad.
(4)
Section 450.11(9)(a), Possession of prescription drug without prescription.
(5)
Section 940.19(1), Battery; substantial battery; aggravated battery.
(6)
Section 941.10, Negligent handling of burning material.
(7)
Section 941.20, Endangering safety by use of dangerous weapons.
(8)
Section 941.23, Carrying concealed weapon.
(9)
Section 941.231, Carrying a concealed knife.
(10)
Section 941.235, Carrying firearm in public building.
(11)
Section 941.237, Carrying handgun where alcohol beverages may
be sold and consumed.
(12)
Section 941.26(4)(g)(1), Sale or distribution of oleoresin capsicum
to minor.
(13)
Section 941.26(4)(k)(1), Possession of oleoresin capsicum under
the age of 18.
(14)
Section 941.2965, Restrictions on use of facsimile firearms.
(15)
Section 941.36, Fraudulent tapping of electrical wires or gas
or water meters or pipes.
(16)
Section 941.37, Obstructing emergency or rescue personnel.
(17)
Section 943.01, Damage to property.
(18)
Section 943.017, Graffiti.
(19)
Section 943.11, Entry into locked vehicle.
(20)
Section 943.125, Entry into locked coin box.
(21)
Section 943.13, Trespass to land.
(22)
Section 943.14, Criminal trespass to dwellings.
(23)
Section 943.15, Entry onto a construction site or into a locked
building, dwelling, or room.
(24)
Section 943.20, Theft.
(25)
Section 943.21, Fraud on hotel or restaurant keeper, recreational
attraction, taxicab operator, or gas station.
(26)
Section 943.22, Use of cheating tokens.
(27)
Section 943.225, Refusal to pay for motor bus ride.
(28)
Section 943.23, Operating vehicle without owner's consent.
(29)
Section 943.34, Receiving stolen property.
(30)
Section 943.37, Alteration of property identification marks.
(31)
Section 943.46, Theft of video service.
(32)
Section 943.50, Retail theft; theft of services
(33)
Section 943.55, Removal of shopping cart.
(34)
Section 944.20, Lewd and lascivious behavior.
(35)
Section 944.23, Making lewd, obscene or indecent drawings.
(36)
Section 944.30, Prostitution.
(37)
Section 944.31, Patronizing prostitutes.
(38)
Section 944.32, Soliciting prostitutes.
(39)
Section 944.33, Pandering.
(40)
Section 944.34, Keeping place of prostitution.
(41)
Section 944.36, Solicitation of drinks prohibited.
(42)
Section 945.02, Gambling.
(43)
Section 945.04, Permitting premises to be used for commercial
gambling.
(44)
Section 946.40, Refusing to aid officer.
(45)
Section 946.41, Resisting or obstructing officer.
(46)
Section 946.42, Escape.
(47)
Section 946.69, Falsely assuming to act as public officer or
employee or a utility employee.
(48)
Section 946.70, Impersonating peace officers, fire fighters,
or other emergency personnel.
(49)
Section 946.72, Tampering with public records and notices.
(50)
Section 947.01, Disorderly conduct.
(51)
Section 947.012, Unlawful use of telephone.
(52)
Section 947.0125, Unlawful use of computerized communication
systems.
(53)
Section 947.013, Harassment.
(54)
Section 947.015, Bomb scares.
(55)
Section 947.06, Unlawful assemblies and their suppression.
(56)
Section 948.10, Exposing genitals, pubic area, or intimate parts.
(57)
Section 948.11, Exposing a child to harmful material or harmful
descriptions or narrations.
(58)
Section 948.40, Contributing to the delinquency of a child.
(59)
Section 948.45, Contributing to truancy.
(60)
Section 948.51, Hazing.
(61)
Section 948.605, Gun-free school zones.
(62)
Section 961.41(1)(em), Manufacture or delivery of synthetic
cannabinoids.
(63)
Section 961.41(1m)(em), Possession with intent to deliver synthetic
cannabinoids.
(64)
Section 961.41(3g)(am), Possession of heroin.
(65)
Section 961.41(3g)(b), Possession of controlled substance.
(66)
Section 961.41(3g)(c), Possession of cocaine/coca.
(66.5)
Section 961.41(3g)(d), Possession of hallucinogenic
and stimulant drugs.
[Added 1-11-2021 by Ord. No. 201214-2]
(67)
Section 961.41(3g)(e), Possession of marijuana.
(68)
Section 961.41(3g)(em), Possession of synthetic cannabinoids.
(68.5)
Section 961.41(3g)(f), Possession of gamma-hydroxybutyric
acid, gamma-butyrolactone, 1,4-butanediol, ketamine, or flunitrazepam.
[Added 1-11-2021 by Ord. No. 201214-2]
(69)
Section 961.41(3g)(g), Possession of methamphetamine.
(70)
Section 961.573(1), Possession of drug paraphernalia.
A.
Definitions. As used in this section, "building" means a permanent
structure used for human occupancy and including a manufactured home,
as defined in § 101.91(2), Wis. Stats. Other terms or phrases
appearing in this section shall be defined in accordance with the
definitions and canons of construction contained within the Wisconsin
Statutes and Administrative Code.
B.
No person except a peace officer, as defined in § 939.22,
Wis. Stats., shall fire or discharge any firearm, slingshot, or pellet
or BB gun within any area of the Village of Fox Crossing.
(1)
Exception. As an exception to § 302-2B, the firing and discharge of shotguns only shall be permitted in the area identified in orange on Exhibit A.[1] In addition, the discharge of shotguns shall be permitted
in portions of Little Lake Butte Des Morts, excluding areas where
the discharge of firearms is otherwise prohibited through other provisions
of this section or state law. However, this exception, reference shotguns,
shall not include a discharge from any such shotgun of a slug or buckshot.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
(2)
Notwithstanding § 302-2B(1), there shall be no firing or discharge of any firearm:
(a)
While on the lands of another within 100 yards of any building
devoted to human occupancy situated on and attached to the lands of
another without the express permission of the owner or occupant of
the building. "Building" as used in this subsection does not include
any tent, bus, truck, vehicle, or similar portable unit.
(b)
Within 50 feet of any then constructed street.
(c)
Within 150 yards of the outer limits of Roland Kampo Bridge
structure, in the areas identified on Exhibit B.[2]
[2]
Editor's Note: Exhibit B is included as an attachment to this chapter.
(d)
Within the areas commonly referred to as the Stroebe Island
marsh identified in red on Exhibit B.
(e)
Within 100 yards of any railroad right-of-way.
(f)
Within the narrowed mouth of the Fox River from the most northern
tip of Stroebe Island on the west shoreline across to Annex Lane on
the east shoreline, in the areas identified in red on Exhibit B.
(g)
Into Stroebe Island, or into any lands of the Village of Fox
Crossing, or into the area identified in red on Exhibit B.
(3)
The distances referenced in the above subsections shall be measured
in a straight line and include both land and water. The distance does
not stop at the water's edge.
(4)
Exhibit A and Exhibit B are not scale maps and any doubt or ambiguity
therein shall be resolved in favor of enforcement.
(5)
Open-water hunting is not allowed on Little Lake Butte Des Morts.
(6)
Wisconsin migratory game bird regulations are applicable, as are
all other provisions of Wisconsin Statutes and provisions of the Wisconsin
Administrative Code.
C.
No person except a peace officer, as defined in § 939.22,
Wis. Stats., shall fire or discharge any bow and arrow or crossbow
within any area of the Village of Fox Crossing, except in the practice
of hunting, as defined in § 29.001, Wis. Stats. The firing
or discharge of any bow and arrow or crossbow in the practice of hunting
shall be restricted in accordance with state law and as follows:
(1)
No person shall hunt with a bow and arrow or crossbow within a distance
of 100 yards from a building located on another person's land. This
restriction shall not apply if the person who owns the land on which
the building is located allows the hunter to hunt with a bow and arrow
or crossbow within the specified distance of the building.
(2)
A person who hunts with a bow and arrow or crossbow shall discharge
the arrow or bolt from the respective weapon toward the ground.
(3)
No person shall discharge any arrow or bolt from any bow or crossbow
where the arrow or bolt may endanger the life, limb, or property of
another or will traverse any part of a street, alley, public grounds,
parks, or private land without the landowner's permission.
(4)
No person shall fire, discharge, or utilize for hunting any bow and
arrow or crossbow within 50 feet of the center of any Village street,
county road, or state highway.
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 of Fox Crossing.
No person shall buy for, sell or give away to any minor any
dangerous weapon except household purpose knives or knives having
blades less than three inches long without first having obtained the
written consent of the parent or guardian of such minor. The term
"dangerous weapon" shall mean and include the following instruments:
blackjack, billy, sandclub, pistol, revolver, any instrument which
impels a missile by compressed air, spring, or other means, any weapon
in which loaded or blank cartridges are used, cross knuckles of any
metal, barbed or blade-type Bowie knife, nunchaku or "numchuck" sticks,
throwing stars or "shurikens," dirk knife, dirk, dagger, switchblade
knife, or any knife which has a blade itself but is automatically
opened by a slight pressure on the handle or some other part of the
knife and is commonly known as a "switch knife," or straight-edge
razor or any other knife having a blade three inches or longer.
No person shall stand, loiter, or congregate in any street or
upon any sidewalk, bridge, road, crossing or other public place so
as to obstruct the same, or hinder, prevent or annoy persons passing
or attempting or desiring to pass therein or thereupon or into or
out of any building, private or public; nor shall any person make
remarks, gestures, noises, signs or the like to disturb, annoy or
insult any person being upon or passing along any street, sidewalk,
building, crossing or other public carrier, provided this shall not
apply to acts made lawful by statutes.
It shall be unlawful for any person to defecate or urinate outside
of designed sanitary facilities, upon any sidewalk, street, alley,
public parking lot, park, playground, cemetery or other public area
within the Village, or upon any private property in open view of the
public, or in the halls, rooms without rest room facilities, stairways
or elevators of public or commercial buildings, or to indecently expose
his/her person.
B.
Operation of motor vehicles.
[Amended 4-26-2021 by Ord. No. 210412-1]
(1)
It
shall be a violation of this section for a person to operate a motor
vehicle so as to cause the tires thereof to squeal, the horn to blow
excessively or the motor to race excessively.
(2)
It
shall be a violation of this section for a person of a truck or truck-tractor
trailer to activate or use Jake brakes®, as defined below,
within the Village limits, except in an emergency situation when there
is an imminent danger of collision with property, persons or animals.
"Jake brakes®" are defined as auxiliary or compression engine brakes which produce
any noise in addition to normal operating engine noise.
No person shall give, send or cause to be given, or sent in
any manner, any alarm of fire which he knows to be false.[1]
No person shall within the Village loiter or loaf about any
public building, place or premises or wander about the streets, alleys,
parks or other public places either by day or night, whose actions
give rise to a suspicion of wrongdoing and who is unable to give a
satisfactory account of himself, or who, having the physical ability
to work, is without any visible means of support and does not seek
employment or who derives part of his support from begging, prostitution,
pandering, fortune-telling or as a similar impostor.
A.
LOITERING
MINOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Remaining idle in essentially one location and shall include
the concept of spending time idly; to be dilatory; to linger aimlessly;
to stay; to saunter; to delay; to stand around, and shall also include
the colloquial expression "hanging around."
Any person less than 18 years of age.
B.
Loitering of minors (curfew hours). It shall be unlawful for any
minor to loiter at any location or place in the Village of Fox Crossing
(except upon the minor's parents or legal custodian/guardian's home
property), either on foot or in any means of transportation being
driven or parked thereon, between the hours of 10:00 p.m. and 5:00
a.m. of the following day, Sunday through Thursday, and between 11:00
p.m. and 5:00 a.m. Friday and Saturday, unless accompanied by his
or her parent, guardian or adult person having legal custody or control.
C.
Responsibility of parents. It shall be unlawful for the parent, guardian
or other adult person having legal custody or control of any minor
to suffer or permit or by inefficient control to allow such minor
to violate this section unless the said minor is accompanied by his
or her parent, guardian or other adult person having legal custody
or control.
D.
This section shall not apply to a minor performing an errand as directed
by a parent, guardian or person having lawful custody; who is on his/her
own premises or the areas immediately adjacent thereto; whose employment
makes it necessary to be upon the streets, alleys, public places or
in any motor vehicle after such hour; or returning home from a supervised
school, church or civic function.
A.
No person shall use any indecent, vile, profane, or obscene language
or conduct themselves in any indecent, lewd, lascivious or obscene
manner within the Village.
B.
Sexting is not permitted within the Village. A person commits the
offense of sexting by knowingly:
(1)
Using any device capable of electronic data transmission to transmit
to a minor any image or recording of nudity that is harmful to minors.
(2)
Possessing an image or recording that was transmitted or distributed
by a minor that depicts nudity that is harmful to minors. A person
does not violate this subsection if all of the following apply:
(3)
Soliciting the transmission or distribution of any image or recording
by a minor that depicts nudity that is harmful to minors.
C.
HARMFUL TO MINORS
MINOR
NUDITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The possession or electronic transmission of an image or
recording depicting the nudity of a minor except when possessed or
transmitted exclusively for recognized scientific or medical purposes.
Any person less than 18 years of age.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering; or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple; or the depiction of covered
male genitals in a discernibly turgid state. A mother's breastfeeding
of her baby does not under any circumstance constitute "nudity," irrespective
of whether or not the nipple is covered during or incidental to feeding.
D.
Application of section to first offenses only. No person shall be cited under the provisions of Subsection B who has previously been convicted under Subsection B, has been charged under a state statute prohibiting the same or similar conduct, or who has completed an educational course in lieu of citation or criminal charges relating to the same or similar conduct.
No person shall throw any glass, rubbish, waste or filth upon
the streets, alleys, highways, public parks or other property of the
Village or upon any private property not owned by him or upon the
surface of any body of water within the Village.
No person shall within the Village display any indecent advertisement.
No person shall climb, lay or sit upon the motor vehicle of
another person without permission from the owner or person in charge
of such vehicle while such vehicle is parked or standing upon the
public streets, public parking lots or other public area of the Village.
No person shall intentionally aid any prisoner or person to
escape from the lawful custody of the Chief of Police or other police
officer of the Village.
No person shall refuse or fail to comply with any lawful order,
signal, or direction of an officer.
A.
ACCEPTABLE EXCUSE
HABITUAL TRUANT
TRUANT
Definitions. All terms herein, to the extent not specifically defined,
shall have the same meaning as those terms used in context of the
Wisconsin Statutes referred to below. As used in this section, the
following terms shall have the meanings indicated:
The permission of the parent/guardian/legal custodian of
a pupil, within limits of policies on truancy established by the school
in which the pupil is enrolled. Except in emergencies or unforeseeable
circumstances, such permission is expected to be communicated, in
writing, from the parent/guardian/legal custodian to the school prior
to the absence. In emergencies or unforeseeable circumstances, such
communication is expected to be as soon as practicable following the
absence.
A pupil who is absent from school without an acceptable excuse
under § 118.15, Wis. Stats., for part or all of five or
more days on which school is held during a school semester.
A pupil who is absent from school without an acceptable excuse
under §§ 118.15 and 118.16(4), Wis. Stats., for part
or all of any day on which school is held during the school semester.
C.
Truancy penalties. For a child under the age of 18 who is found to
be truant:
(1)
A forfeiture of not more than an amount set forth in the Ordinance
Bond Schedule, reference this Code section, plus costs, for a first
violation, or a forfeiture for any second or subsequent violation
committed within 12 months of a previous violation, subject to § 938.37,
Wis. Stats., and subject to a maximum cumulative forfeiture amount
for all violations committed during a school semester. All or part
of the forfeiture, plus costs, may be assessed against the person,
parents or guardian of the person, or both if the parents or guardian
have, by any act or omission, knowingly encouraged or contributed
to the person's truancy pursuant to § 948.45, Wis. Stats.
(2)
An order for the person to attend school.
D.
Habitual truancy penalties. For a child under the age of 18 who is
found to be an habitual truant:
(1)
Suspension of the child's operating privilege, as defined in § 340.01(40),
Wis. Stats., for no less than 30 days nor more than one year. Any
license so suspended shall be immediately taken by the court and forwarded
to the Department of Transportation, together with a notice stating
the reason for and the duration of the suspension.
(2)
A forfeiture of not more than an amount set forth in the Ordinance
Bond Schedule, reference this Code section, plus costs.
(3)
An order for the person to attend school.
Any person who shall violate any provision of this chapter shall, upon conviction, forfeit an amount set forth in Chapter A450, Fines and Penalties, of this Code or the Ordinance Bond Schedule as applicable.
