Village of Whitefish Bay, WI
Milwaukee County
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[Adopted as Sec. 8.02 of the Codification]
[Amended by Ord. No. 1638]
No person shall give or send or cause to be given or sent in any manner any alarm of fire which he knows to be false, or report in any manner to a policeman, coroner or peace officer that a crime has been or is being committed, or that an accident has occurred, or the dead body of any person has been found.
[Amended by Ord. No. 1638]
No person shall intentionally aid any prisoner or person to escape from the lawful custody of a policeman or peace officer of the Village.[1]
[1]
Editor's Note: Original Subsection 8.02(3), which immediately followed this section, was repealed by Ord. No. 1640.
[Amended by Ord. No. 1414; Ord. No. 1638; Ord. No. 1684]
A. 
Cruelty.
(1) 
No person shall cruelly beat, frighten, maim, neglect, injure or abuse any animal or bird, or allow any animal or bird to be cruelly beaten, frightened, overburdened, neglected or abused, or use any device or chemical substance by which pain, suffering or death may result, whether the animal belongs to the person or another, except that reasonable force may be used to drive off vicious or trespassing animals. Notwithstanding the foregoing, the Village Board may direct the Police Chief to permit or act to eradicate coyotes subject to whatever terms he/she deems appropriate.
(2) 
No person shall abandon or transport any animal or bird in a cruel manner.
(3) 
No person shall injure any bird's nests or bird's eggs.
B. 
Food and water. No owner or caretaker of any animal or bird may neglect or fail to provide it with necessary nourishing food at least once daily and provide a constant supply of clean water to sustain the animal or bird in good health.
C. 
Shelter.
(1) 
No owner or caretaker of any animal or bird shall fail to provide said animal or bird with shelter from inclement weather to insure the protection and comfort of the animal or bird.
(2) 
When sunlight is likely to cause overheating or discomfort to any animal or bird, the owner or caretaker shall provide shade by natural or artificial means to allow protection from the direct rays of the sun, but to still allow air to pass to keep the animal or bird cool.
D. 
Area to keep clean. Every owner or caretaker of any animal shall provide that the area where the animal is housed or allowed to remain shall be kept clean of feces, animal waste, and other substances in order to keep the animal healthy and comfortable.
E. 
Leashes. Whenever chains, ropes or leashes are used, the owner or caretaker of the animal shall provide that the chains, ropes or leashes are placed or attached so that they cannot be entangled with another animal or object, and further that they be of sufficient length in proportion to the size of the animal to allow the animal the proper exercise and convenient access to food, water and shelter. A leash shall be located so as not to allow an animal to trespass on public or private property other than that of the owner, nor in such manner as to cause harm or danger to persons or other animals. A leash shall be located so as not to allow the animal to jump over an obstacle where the leash can become entangled and the animal choke.
F. 
Enforcement. The police department, health department or the humane society may enforce any provision of this section.
G. 
Animal removal. The police department, health department or the humane society may confiscate and remove animals from any premises for violation of any part of this section. Animals removed because of such action may be stored in a humane manner by the health department, humane society or their designee. Probable cause that such a violation exists is sufficient reason to confiscate such animal. Conviction is not required.
H. 
Exception. This section does not apply to the extermination of rats, mice or other vermin.
I. 
Relationship to dog regulations. As applies to dogs, all of the provisions of this section are subject to the provisions of Chapter 15, Licenses and Permits, Article VII, Dog Regulations and Licensing, of the Code of the Village of Whitefish Bay, relating to regulations of dogs.
[Amended by Ord. No. 1773; Ord. No. 1798; Ord. No. 1830]
Noise, when generated by any device, tool, implement, machine, appliance, or contrivance (including but not limited to power lawnmowers, snow removal equipment, vehicle backup alarms; radios, musical instruments, music players, power tools, television, audio/video, and internal combustion engines not on licensed motor vehicles), which creates a noise to the substantial disturbance or annoyance of any person (hereinafter "machine noise"), is prohibited during the following hours by noise type:
A. 
Within 50 feet of any building used wholly or partially for residence purposes, machine noise is prohibited between 10:00 p.m. and 6:00 a.m.
B. 
Except as otherwise permitted herein, snow plowing by means of vehicle-driven snow-removal equipment utilizing a backup alarm is prohibited in the Village between 10:00 p.m. and 6:00 a.m.
C. 
Snow plowing by means of vehicle-driven snow removal equipment legally without the use of a backup alarm shall not be subject to any time restrictions.
D. 
Within the public right-of-way or other municipal property or leasehold, in the pursuit of the rendition of municipal service or emergency services, machine noise shall not be subject to any time restrictions.
E. 
Machine noise generated in reasonable response to any emergency situation or a situation threatening the health, safety or welfare of an individual or the public at large as recognized by the Police Department, Village Manager, or North Shore Fire Department shall not be subject to any time restrictions.
F. 
Noise from machines or devices used in construction or remodeling of structures, equipment, landscaping, or landscape features between the hours of 5:00 p.m. and 7:00 a.m.
G. 
The Village Board or Village Manager may exempt specific events or activities from these machine noise prohibitions, provided the health, safety, and welfare of the public at large is not substantially impacted.
H. 
The collection of commercial waste, as defined in Chapter 10, Sanitary Code, Article III, Refuse and Recycling Collection, of the Code of the Village of Whitefish Bay, within 50 feet of any building used wholly or partially for residence purposes, shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
[Amended by Ord. No. 1638]
It shall be unlawful in this Village to operate or cause to be operated any loudspeaker or sound amplifier which is audible for a distance of 100 feet from such instrument, or in a manner to interfere with or disturb the peace of any person in this Village. The provisions of this section shall not apply to any loudspeaker or sound amplifier used during games, contests or other events sponsored by public authority or to warning signals given by public authority.
[Amended by Ord. No. 1638]
A. 
Shore defined. The beach or shore of Lake Michigan, being the space between the high-water mark and the low-water mark of said lake, is hereby declared and established to be necessary for the protection of the bank of Lake Michigan in this Village, and to prevent said bank from being washed away or falling in, and necessary for the preservation of all property, streets and parcels of land fronting on said lake, and all piers that have been or may be built upon the bank or beach of said lake, and for the proper and necessary depth of the water immediately off the shore of said lake.
B. 
Removal of sand, etc., prohibited. No person shall remove or cause to be removed any sand, gravel, stone or earth from the beach or shore of Lake Michigan as defined in this section.
C. 
Obstructions prohibited. No person shall construct any obstruction, barrier, gate or fence hindering the free and unobstructed access and passage of the public from the waters of Lake Michigan to said beach or shore of Lake Michigan as defined in this section, nor along said beach or shore.
D. 
The shore of Lake Michigan, as defined in Subsection A, shall be closed to the public from 9:00 p.m. to 6:00 a.m., and it shall be unlawful for any person to be on said shore during the hours when the shore is closed.
[Amended by Ord. No. 1638]
A. 
The provisions of this section are declared necessary to protect, promote and conserve public health, welfare, morals and convenience.
B. 
Restrictions relating to streets, public places, automobiles, etc. Except as in this section otherwise provided, it shall be unlawful to distribute, place, attach or throw any newspaper, handbill, dodger, poster, circular, pamphlet or other printed or advertising material in or upon any part of any automobile or other motor vehicle while upon any street, alley or other public grounds, or upon any sidewalk, street, alley, park or other public place, or upon any parcel of ground which is vacant or unoccupied or which is occupied by a building obviously vacant or unoccupied within this Village; this subsection shall not apply to any United States, state or other public officer or employee while engaged in performing his official duties as such, nor prevent the owner of such motor vehicle from displaying any advertising matter from his motor vehicle, when otherwise lawful.
C. 
Restrictions on distribution to residences. It shall be unlawful to distribute, place, attach or throw any such material mentioned in Subsection B into or upon any premises, lawn, yard, steps, driveway or other part of any building used for residence purposes, whose owner or occupant has filed with the Village Clerk-Treasurer an unrevoked written notice that he does not desire such material delivered to or upon the premises owned or occupied by him; provided, however, that such material may be deposited in a secure manner in an adequate receptacle provided by the owner or occupant of premises used for residence purposes for the receipt of said material other than a mailbox, or may be securely fastened at the entrance of any such residence, except to the premises first above specified in this subsection.
D. 
Newspapers, etc. The provisions of Subsection C shall not apply to any of the following material, provided the same be deposited in a secure manner in a receptacle provided by the owner or occupant of the premises other than the mailbox or at the entrance of such residence: any newspaper or other publication containing news of a general nature and which is capable of being entered as second class material under the United States post office regulations; any material which is carried or delivered by the postal service of the United States; any monthly statement of account addressed to a person even though such statement has advertising integral therewith, provided such advertising does not increase the normal dimensions of such statement; magazines being delivered to bona fide subscribers thereof; packages containing ordered material; public notices issued by public authorities; or any election advertising material.
E. 
Crossing lawns, etc. prohibited. No person engaged in delivering or distributing any of the articles mentioned in this section shall cross any lawn or pass over or through any hedges or shrubbery of any premises used for residence purposes.
[Amended by Ord. No. 985; Ord. No. 1638]
A. 
No person shall commit any act in a public building or on grounds which interferes with the peaceful conduct of activities normally carried on in such building or on such grounds.
B. 
Any person violating Subsection A who refuses to leave such building or grounds upon request by the proper official or any person aiding, counseling or abetting another to violate Subsection A shall be subject to the penalty provided in Chapter 17, Village Code and Ordinances, Article III, General Penalty, of the Code of the Village of Whitefish Bay.
C. 
In this section, "public building" means any building that is a part of the Village School District and any building owned by the Village and used for any public purpose.
D. 
Nothing is this section shall be construed to prohibit peaceful picketing or distribution of handbills, except as restricted by § 8-15 of this article.
[Amended by Ord. No. 1698]
A. 
No person shall in any way, individually or by means of any object, thing, structure, facility or instrumentality which that person owns, possesses, controls, directs or influences, obstruct or occupy any street, alley, sidewalk, right-of-way, Village owned land, or other land dedicated to Village use unless an exception is granted by the Village.
B. 
Exceptions to this section may be granted by:
(1) 
The Village Board, subject to whatever terms it might require;
(2) 
The Village Board in the form of a privilege pursuant to § 66.0425, Wis. Stats. (as amended); or
(3) 
The Village Manager, Police Chief, Director of Public Works, or Building Inspector for periods of 180 days or less, subject to whatever terms that official might require and subject further to the official making the following determinations:
[Amended at time of adoption of Code (see Ch. 17, Village Code and Ordinances, Art. I)]
(a) 
The proposed obstruction or occupancy is not inconsistent with the intent of this section to minimize such obstructions and occupancies;
(b) 
The proposed obstruction or occupancy will last for the minimum period practicable; and
(c) 
There are no feasible alternatives to the proposed obstruction or occupancy.
C. 
Exceptions granted under this section (other than privileges under § 66.0425, Wis. Stats., as amended) may be revoked on 10 days' notice at any time by the body or official (or their designee) that granted the exception in the first instance, or by such body or official or any Village Law Enforcement Officer or North Shore Fire Department Officer at any time when the requirements imposed with the exception are not met, or if the body, official, or officer determines that the continuation of the exception endangers public health and safety.
D. 
This section shall not apply to the legitimate and reasonable use of public property (subject to established rules and ordinances regarding such use) for the purpose for which it was intended.
E. 
In addition to any other penalties imposed for violations of this section, violators may be subject to the following:
(1) 
Violations of this section which endanger public health and safety may be abated by, among other things, immediate removal by the Village of the violating persons, objects, etc.;
(2) 
Violations of this section which do not present an immediate threat to public health and safety may be abated by the Village by removal or otherwise within 24 hours of notice provided by the Village;
(3) 
The Village shall keep an accounting of the expense of any abatement, and such expenses shall be charged to and paid by the person or persons in violation. An invoice for abatement costs shall be mailed to the violator(s) and shall be payable within 10 calendar days. Within 60 days after such costs and expenses are incurred and remain unpaid, and in addition to utilizing any other remedies, the Village Clerk-Treasurer may enter those charges onto the tax roll as a special tax as provided in § 66.0627, Wis. Stats. (as amended), against any property the violator owns in the Village; and
(4) 
The violator shall be subject to a civil forfeiture in an amount set by the Village Board from time to time for each day of violation of this section.
[Amended by Ord. No. 1538; Ord. No. 1638]
It shall be unlawful to refuse to pay for a service provided in those situations where payment has been promised or there is an implied promise to pay immediately upon completion of the service provided.
[Amended by Ord. No. 1567]
A. 
No person shall operate or ride a skateboard or other play vehicle as defined in § 340.01(43m), Wis. Stats., in any of the following places:
(1) 
On any Village street;
(2) 
On any sidewalk in the business district. For the purpose of this section, "business district" shall be defined as any area in Zoning District 6 or any other area primarily commercial in nature;
(3) 
On any public property where signs prohibit it;
(4) 
On private property, unless permission has been received from the owner, lessee or person in charge of that property.
B. 
Operators or riders of skateboards and other play vehicles shall yield the right-of-way to pedestrians using Village sidewalks and shall not otherwise endanger or interfere with pedestrian traffic on those sidewalks.
[Amended by Ord. No. 1706]
It shall be unlawful for any person to do any of the following acts within the limits of the Village:
A. 
Generally. 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 that may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police officer, refuses to identify himself or herself, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impracticable, a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm that would otherwise be warranted by requesting the person to identify himself or herself and explain his or her presence and conduct.
B. 
Dwelling areas. Hide, wait or otherwise loiter in the vicinity of any private dwelling house, apartment building, planned unit development, condominium project, hotel or motel, or any other place of residence with the unlawful intent to watch, gaze or look upon the occupants therein in a clandestine manner.
C. 
Public restrooms. Loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious conduct or any unlawful act.
D. 
Schools. Loiter in or about any school or public place at or near which children or students attend or normally congregate. As used in this subsection, "loiter" means to delay, to linger or to idle in or about any said school or public place without a lawful purpose for being present.
E. 
Public buildings. Lodge in any building, structure or place, whether public or private, without the permission of the owner or person entitled to possession or in control thereof.
F. 
Restaurants, taverns. Loiter in or about any restaurant, tavern or other public building or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or in control thereof.