City of Reedsburg, WI Chapter 434 Peace and Good Order

[HISTORY: Adopted by the Mayor and Common Council of the City of Reedsburg as Secs. 9.01, 9.02, 9.03(1), 9.04(1), (2), (4), (5), and (6), 9.05(1), (2), (4), (6) to (9), (11) to (21), (24), (25), 9.07, and 9.10 of the former Municipal Codebook. Amendments noted where applicable.]

§ 434-1 General provisions.

A. Definitions. For the purpose of this chapter, the definitions of words and phrases contained in Chs. 961, 939 to 948 and § 990.001, Wis. Stats., are hereby adopted by reference and made a part hereof with the same force and effect as if fully set forth herein.

B. Incorporation of certain statutory offenses.

(1) Provisions included. The sections and subsections of the Wisconsin Statutes describing, defining, and prohibiting conduct and cross references contained therein, which are enumerated from time to time in this chapter, are hereby adopted and by reference made a part of this chapter with the same force and effect as if fully set forth herein, exclusive of any provision relating to penalties. Any act required to be performed or prohibited by any statute incorporated by reference is required or prohibited by this chapter.

(2) Interpretation. In those enumerated sections and subsections of Wisconsin Statutes:

(a) Whenever the word "crime" is used, it shall be taken to mean "offense."

(b) Whenever the phrase "criminal intent" is used, it shall be taken to mean "intent."

C. Attempt.

(1) Whoever attempts to commit an offense under this section may be fined not to exceed 1/2 the maximum penalty for the completed offense.

(2) An attempt to commit an offense requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such offense and that he does acts toward the commission of the offense which demonstrate, under all the circumstances, that he formed that intent and would commit the offense except for the intervention of another person or some other extraneous factor.

D. Parties to offense.

(1) Whoever is concerned in the commission of an offense is a principal and may be charged with and convicted of the commission of the offense although he did not directly commit it and although the person who directly committed it has not been convicted or has been convicted of some other offense based on the same act.

(2) A person is concerned in the commission of the offense if that person:

(a) Directly commits the offense; or

(b) Intentionally aids and abets the commission of it; or

(c) Is a part to a conspiracy with another to commit it or advises, hires, counsels, or otherwise procures another to commit it.

§ 434-2 Offenses against bodily security.

A. State laws adopted.

(1) Battery (§ 940.19).

(2) Physical abuse of a child (§ 948.03).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(3) Battery: Special Circumstances (§ 940.20).

(4) Injury by negligent use of dangerous weapon (§ 940.24).

(5) False imprisonment (§ 940.30).

(6) Battery; substantial battery; aggravated battery (§ 940.19).

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(7) Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child (§ 940.195).

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(8) Physical abuse of a child (§ 948.03).

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 434-3 Offenses against public safety and welfare.

A. State law adopted.

[Amended 10-23-2006]

(1) Negligent operation of a vehicle (§ 941.01).

(2) Negligent handling of burning materials (§ 941.10).

(3) Unsafe burning of buildings (§ 941.11).

(4) Interfering with firefighting (§ 941.12).

(5) False alarms (§ 941.13).

(6) Reckless use of weapons [§ 941.20(1) (2)].

(7) Possession of pistol by minor (§ 948.60).

(8) Carrying a concealed weapon (§ 941.23).

(9) Endangering safety by conduct regardless of life (§ 941.30).

(10) Placing foreign objects in edibles (§ 941.325).

(11) Hazing (§ 948.51).

(12) Emergency telephone call (§ 941.35).

(13) Safe use and transportation of firearms and bows (§ 167.31).

[Amended 6-22-2009]

(14) Dangerous weapon other than firearm on school premises (§ 948.61).

[Added 6-26-2023 by Ord. No. 1957-23]

§ 434-4 Offenses against public and private property.

A. State laws adopted.

(1) (Criminal) damage to property (§ 943.01).

(2) Arson of property other than building (§ 943.03).

(3) Arson with intent to defraud (§ 943.04).

(4) Placing of combustible material an attempt (§ 943.05).

(5) Molotov cocktails (§ 943.06).

(6) Burglary (§ 943.10).

(7) Entry into locked vehicle (§ 943.11).

(8) Possession of burglarious tools (§ 943.12).

(9) (Criminal) trespass to land (§ 943.13).

(10) (Criminal) trespass to dwellings (§ 943.14).

(11) Theft (§ 943.20).

(12) Fraud on hotel or restaurant keeper, recreational attraction, taxicab operator, or gas station (§ 943.21).

(13) Operating vehicle without owner's consent (§ 943.23).

(14) Issue of worthless check (§ 943.24).

(15) Removing or damaging encumbered real property (§ 943.26).

(16) Robbery (§ 943.32).

(17) Receiving stolen property (§ 943.34).

(18) Receiving property from children (§ 948.63).

(19) Alteration of property identification marks (§ 943.37).

(20) Forgery (§ 943.38).

(21) Financial transaction card crimes (§ 943.41).

(22) Theft of telecommunications services (§ 943.45).

(23) Retail theft; theft of services (§ 943.50).

(24) Harassment of police and fire animals (§ 951.095).

[Added 1-22-2007]

B. Destruction of property prohibited. No person shall willfully, maliciously, or wantonly deface, injure or destroy any public property or any private property. Likewise, a parent or legal guardian of any minor who shall fail to exercise reasonable care so as to prevent such minor from intentionally damaging public or private property or from conducting himself in such a manner as may reasonably be calculated to result in damage to any of such property shall be deemed to have violated this chapter, and such parent or guardian shall be personally liable to the owner for such damage, subject to the limitations imposed thereon by § 895.035, Wis. Stats.

C. Unlawful trespass on private property.

(1) It shall be unlawful for any person to trespass upon the property or buildings belonging to another person without the permission of the lawful owner or occupant.

(2) It shall be unlawful for any person to permit any animal belonging to him, or under his control, to trespass upon the property belonging to another person without the permission of the lawful owner or occupant.

(3) It shall be unlawful for any person to enter upon or remain in any parking lot that is maintained by a business for use by its customers if that parking lot is posted by signs informing the public of the restrictions imposed and if that person does not have permission of the owner or lawful occupant.

D. Loitering prohibited. No person whose actions give rise to suspicion of wrongdoing shall, within the City, sit, stand, loiter, or loaf about any building, place, or premises held out to or open for use by the public, or wander about the streets, alleys, parks, or other public places either by day or night. No person shall loiter about any park, parkway, school grounds or other public grounds between 11:00 p.m. and 6:00 a.m.

E. Deposit of trash or refuse in privately owned containers prohibited. No person shall deposit or allow to be deposited any glass, cans, rubbish, waste or refuse into private trash receptacles or containers without consent of either the owner or lessor of the container.

§ 434-5 Offenses against public peace, good order and other public interest.

A. State laws adopted.

(1) Disorderly conduct (§ 947.01).

(2) Bomb scares (§ 947.015).

(3) Unlawful assemblies and their suppression (§ 947.06).

(4) False swearing (§ 946.32).

(5) Contributing to the delinquency of children (§ 948.40).

(6) Refusing to aid officer (§ 946.40).

(7) Resisting or obstructing officer (§ 946.41).

(8) Escape (§ 946.42).

(9) Impersonating peace officers, firefighters or other emergency personnel (§ 946.70).

(10) Unlawful use of license for carrying weapons (§ 946.71).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(11) Tampering with public records and notices (§ 946.72).

(12) Lewd and lascivious behavior (§ 944.20).

(13) Prostitution (§ 944.30).

(14) Patronizing prostitutes (§ 944.31).

(15) Pandering (§ 944.33).

(16) Gambling (§ 945.02).

(17) Permitting premises to be used for commercial gambling (§ 945.04).

(18) Commercial gambling (§ 945.03).

(19) Unlawful use of telephone (§ 947.012).

[Added 11-27-2006]

(20) Harassment (§ 947.013).

[Added 11-27-2006]

(21) Disobedient Witness (§ 885.11).

[Added 8-13-2007]

(22) Unlawful use of computerized communication systems (§ 947.0125).

[Added 5-23-2011]

(23) Fourth Degree Sexual Assault [§ 940.225(3m)].

[Added 5-25-2013]

(24) Representations Depicting Nudity (§ 942.09).

[Added 2-27-2017 by Ord. No. 1839-17]

B. Prohibition of noises disturbing the public peace. No person and no person, firm or corporation occupying or having charge of any building or premises or any part thereof shall, within the City of Reedsburg:

(1) Make or assist in making any noise tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof, unless the making and continuing of the same cannot be prevented or is necessary for the protection or preservation of property, or for the health, safety, life or limb of some person.

C. Possession of false identification. No person shall knowingly possess identification that has been altered so as to not be true and accurate, nor shall any person present for identification purposes a document that is not true and accurate identification of said person.

D. Possession of controlled substances/paraphernalia.

[Added 10-23-2006]

(1) Uniform Controlled Substance, Definitions [§ 961.41(3g)(am)].

(2) Possess or attempt to possess any other non-narcotic controlled substance/controlled substance analog not listed below [§ 961.41(3g)(b)].

(3) Possession/Use Marijuana [§ 961.41(3g)(e)].

(4) Possession/Use Cocaine [§ 961.41(3g)(c)].

(5) Possession/Use LSD [(§ 961.41(3g)(d)].

(6) Possession/Use of Drug Paraphernalia [§ 961.573(1) and (2)].

(7) Manufacture/Delivery of Drug Paraphernalia [§ 961.574(1) and (2)].

(8) Delivery of Drug Paraphernalia to a Minor [§ 961.575(1) and (2)].

(9) Advertisement of Drug Paraphernalia (§ 961.576).

(10) Synthetic cannabinoids [§ 961.41(3g)(em)].

[Amended 2-25-2013]

E. Drinking in motor vehicles on the highway. No person shall possess an open container of fermented malt beverage or intoxicating liquor in a moving vehicle on a public street or highway within the City of Reedsburg.

F. Assisting escape of prisoner. No person shall intentionally aid any prisoner or person to escape from the lawful custody of a policeman or peace officer of the City.

G. Public obscene language and sexual conduct prohibited. No person shall, in any public place, use any obscene language or sexual conduct within the City of Reedsburg. Definitions:

LANGUAGE

Words or sounds or gestures, or any combination thereof.

OBSCENE

Language or sexual conduct which, taken as a whole:

(1) Appeals to prurient interest in sex; and

(2) Portrays sexual conduct in a patently offensive way; and

(3) Does not have serious literary, artistic, political or scientific value.

H. Disorderly conduct with a motor vehicle. No person shall within the City of Reedsburg, whether on public or private property, engage in annoying, boisterous, reckless, unreasonably loud and otherwise disorderly conduct with a motor vehicle under circumstances in which the conduct tends to cause or provoke a disturbance.

[Amended 3-26-2007]

I. Loud and unnecessary noise prohibited. No person shall make or cause to be made loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley, park, or private residence. It shall be a violation of this section for any person to use a motor vehicle horn or warning device prohibited under § 347.38, Wis. Stats.

J. Obstructing streets and sidewalks prohibited. No person shall stand, sit, loaf, or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the City in such a manner as to obstruct or prevent the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to and from any place of business, amusement, church, public hall, or meeting place.

K. Unauthorized presence on school property prohibited.

(1) It shall be unlawful for any student who is under suspension, expulsion, exemption, or other discipline excluding him from attending school under the jurisdiction of the Reedsburg Board of Education, or for any person not a student presently enrolled to attend school under the Reedsburg Board of Education or not an employee of said Reedsburg Board of Education or not a parent or guardian of a student so enrolled, or not an otherwise authorized person to be present within any school building or upon any school grounds under the jurisdiction of said school board without having first secured authorization to be there from the principal or other person in charge of said school building or school grounds, except while in direct route to secure said authorization. "Authorized person" shall include any person who is present at any school building or school grounds for any purpose previously authorized by the Board of Education or as designee.

(2) Any person shall, upon the request of the principal or other person in charge of any school building or upon any school grounds under the jurisdiction of said Board of Education or upon request of any police officer, display any written authorization to be present which he may have in his possession or otherwise to explain his presence or his status as such student, employee, parent or guardian, or authorized person referred to in Subsection K(1) hereof.

(3) All entrances to the school building referred to in Subsection K(1) hereof shall be posted with a notice stating "Entry into School Building by Unauthorized Persons Prohibited." All school grounds referred to in Subsection K(1) hereof shall be posted with a notice stating: "Entry upon School Grounds by Unauthorized Persons Prohibited."

L. Open cisterns, well, basements or other dangerous excavations prohibited. No person shall have or permit, on any premises owned or occupied by him, any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fenced in such manner as to prevent injury to any person and any cover shall be of a design, size and weight that the same cannot be removed by small children.

M. Abandoned or unattended iceboxes, etc., prohibited. No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside without first removing said door or lid, snap lock or other locking device from said icebox, refrigerator or container unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.

N. Posting bills prohibited. No person shall post any bill, notice or advertising on any utility pole within the City.

O. Go-carts to be equipped with mufflers. All go-carts operated in the City shall be equipped with a muffler with at least two baffles. Any go-cart operated in violation of this section shall be confiscated by the police and kept until made to comply with this section.

P. Urination in public. Public urination in anything other than a designated toilet facility shall be unlawful.

Q. Harboring or assisting minor runaways prohibited.

(1) No person shall allow, permit or board any minor child at (or in) his/her residence, property or place of business where the person knows, or should have known, the child to be a runaway from his or her parents, guardian or legal custodian.

(2) No person shall assist a minor child in running away from his parents, guardian or legal custodian where the person knows, or should have known, the child to be running away, by providing him/her with transportation, monetary assistance, or any other assistance in locating a place to which the minor child can abscond or where the minor child may stay without his/her parents' permission.

(3) Any person violating this chapter shall, upon conviction, be required to forfeit not less than $25 nor more than $200, or fines as established on the current bond schedule, together with the costs of prosecution. Every day during which a violation occurs shall be considered a separate offense for penalty purposes.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 434-6 General penalty provision.

[Added 9-24-2007]

For a violation of a section of this chapter for which a specific penalty is not provided, the forfeiture shall be not less than $5 nor more than $500 for each offense, together with the costs of prosecution.

§ 434-7 Bond schedules.

A certified copy of bond schedules for the offenses set forth in this chapter shall be adopted and approved with the text as part of this chapter and shall bear upon its face the attestation of the Clerk-Treasurer and the Chief of Police and shall be available to the public in the office of the Chief of Police. Changes thereafter to the bond schedule shall not be effective until entered and attested on the certified copy. Changes in the bond schedule shall be made by the Chief of Police with the approval of the Council. All approved changes shall be incorporated into the bond schedule and shall be available for public inspection.