[HISTORY: Adopted by the Village Board of the Village of Salem Lakes at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Mass public assemblies — See Ch. 192.
Explosives — See Ch. 265.
Fire prevention — See Ch. 280.
Nuisances — See Ch. 381.
Parks and recreation — See Ch. 396.
A. 
Declaration of policy. It is hereby determined and declared necessary in the interest of public health, public safety and public welfare of the Village that the discharge of firearms be regulated within the Village.
B. 
Definition. As used in this section, the following term shall have the meaning indicated:
FIREARM
A rifle of any caliber, air rifle, shotgun of any gauge, pistol, or revolver of any caliber.
C. 
Discharge prohibited. No person shall discharge or cause to be discharged any firearm within the territorial limits of the Village.
D. 
Exceptions. Unless otherwise indicated, the prohibitions of this section shall not pertain to:
(1) 
Law enforcement officers designated and authorized by the Village, county, state or federal authorities.
(2) 
Activities upon any bona fide target range, provided that the Village Board must first issue, upon written application and within its discretionary power, a permit designating such areas as approved target ranges.
(3) 
Rodent-control activities, provided that Village Board permission, within its discretion, is procured upon written application prior to such activities. Such permission, if granted, shall be of a temporary nature only.
(4) 
The owner or occupant of any land in the territorial limits of the Village or any member of his family at least 14 years of age or any guest of said owner or occupant who may discharge thereon, at any time, firearms or pellet air guns, provided the projection of shot or missile from the discharged firearm or pellet air gun is not above or into another's land or a traveled roadway.
(5) 
Any person lawfully hunting on public lands or waters within the Village.
E. 
Parental responsibility. If a minor shall violate this section, his parent or guardian may be held responsible for such violation in the same manner as if such parent or guardian had violated the same, and ignorance of such violation shall not be a defense. Prosecution of such parent or guardian shall not be a bar to prosecution of such minor.
F. 
Notwithstanding any provision of the foregoing, any person discharging a firearm within the Village of Salem Lakes must comply with all applicable regulations regarding the possession, use, or discharge of such firearm and, if such firearm is used in hunting, such applicable hunting regulations established by federal, state or local authorities.
No person shall throw or shoot any object, arrow, 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.
No person shall wilfully or intentionally deface or destroy or unlawfully remove, retain or interfere with any public or private property within the Village without the consent of the owner.
No person shall pollute the air or any watercourse by excessive discharge of waste products or foreign matter.
A. 
No person shall throw any object, glass, rubbish, waste or filth upon the streets, alleys, highways, public property or other public ground of the Village or upon any private property not owned by him or upon the surface of any body of water within the Village of Salem Lakes.
B. 
Persons shall only place recyclable objects or materials in Village-owned or -operated recycling containers which are specifically designated for that type of material.
No person shall camp on any public property within the Village of Salem Lakes nor shall any person sleep outdoors during hours of darkness on any public property within the Village of Salem Lakes. Camping includes maintaining any tent, small mobile home unit readily pulled by a vehicle, overnight tent trailer unit or recreational vehicle of similar nature designed for temporary vacation type use.
No person in any public or private place may engage in any violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DWELLING UNIT
A structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household to the exclusion of all others.
IMPLIED CONSENT
Conduct or words, or both, that imply that an owner or occupant of land has given consent to another person to enter the land.
PLACE OF EMPLOYMENT
Has the meaning given in § 101.01(11), Wis. Stats.
PRIVATE PROPERTY
Real property that is not owned by the United States, the State of Wisconsin or a local governmental unit.
UNDEVELOPED LAND
Land that meets all of the following criteria:
(1) 
The land is not occupied by a structure or improvement being used or occupied as a dwelling unit.
(2) 
The land is not part of the curtilage or is not lying in the immediate vicinity of a structure or improvement being used or occupied as a dwelling unit.
(3) 
The land is not occupied by a public building.
(4) 
The land is not occupied by a place of employment.
B. 
Trespass prohibited.
(1) 
No person may enter any enclosed, cultivated or undeveloped land of another, other than undeveloped land specified in Subsection B(4), without the express or implied consent of the owner or occupant.
(2) 
No person may enter any land of another that is occupied by a structure used for agricultural purposes without the express or implied consent of the owner or occupant.
(3) 
No person may enter or remain on any land of another after having been notified by the owner or occupant not to enter or remain on the premises.
(4) 
No person may enter undeveloped private land from an abutting parcel of land that is owned by the United States, this state, or a local governmental unit or remain on such land after having been notified by the owner or occupant not to enter or remain on the land.
C. 
Implied consent. In determining whether a person has implied consent to enter the land of another, a trier of fact shall consider all of the circumstances existing at the time the person entered the land, including all of the following:
(1) 
Whether the owner or occupant acquiesced to previous entries by the person or by other persons under similar circumstances.
(2) 
The customary use, if any, of the land by other persons.
(3) 
Whether the owner or occupant represented to the public that the land may be entered for particular purposes.
(4) 
The general arrangement or design of any improvements or structures on the land.
D. 
Notice. A person has received notice from the owner or occupant within the meaning of Subsection B(3) or (4) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection under either of the following procedures:
(1) 
If a sign at least 11 inches square is placed in at least two conspicuous places for every 40 acres to be protected. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this subsection were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected was posted as provided in this subsection.
(2) 
If markings at least one foot long, including, in a contrasting color, the phrase "private land" and the name of the owner, are made in at least two conspicuous places for every 40 acres to be protected.
E. 
Conditional consent. An owner or occupant may give express consent to enter or remain on the land for a specified purpose or subject to specified conditions, and it is a violation of Subsection B(3) for a person who received that consent to enter or remain on the land for another purpose or contrary to the specified conditions.
A. 
No minor person under 18 years of age shall be in any public place in the Village of Salem Lakes between the hours of 10:30 p.m. and 6:00 a.m. Sunday through Thursday and 12:00 midnight and 6:00 a.m. Friday and Saturday, unless such minor is accompanied by an adult person having legal custody of such minor or whose employment makes it necessary for such minor to be in such public place. Unless there exists a reasonable necessity therefor no person having legal custody of such minor shall permit said minor in any public place during the hours specified herein.
B. 
Emergency curfew. The Village Board acting unanimously and with the approval of the Village President whenever it deems it to be in the best interest of the Village may establish a temporary emergency curfew requiring that no minor person under 18 years of age shall be in any public place in the Village of Salem Lakes between the hours of 7:00 p.m. and 6:00 a.m. unless such minor is accompanied by an adult person having legal custody of such minor or whose employment makes it necessary for such minor to be in such public place. The exercise by the Village Board of the authority granted by this subsection shall not affect the validity and enforceability of Subsection A above.
C. 
This section shall not apply to minors returning home during curfew hours from functions authorized by the governing body of any public or parochial school or any charitable or religious organization which function shall have been officially registered with the Kenosha County Sheriff's Department by a responsible officer of the governing body of the school or religious or charitable organization which has registered the function with the Kenosha County Sheriff's Department at least two weeks prior to the event. The school or religious or charitable organization which has registered the function shall assume the responsibility to provide each minor participant with a means of identification showing that such minor has attended the registered function. In order for a function registered with the Kenosha County Sheriff's Department to exempt the minor from compliance with Subsection A hereof, the function shall be held on a night not followed by a regular school day. Functions exempting a minor from compliance with Subsection B may be held any night of the week.
D. 
This section shall, similarly, not apply in circumstances in which the minor was exercising First Amendment rights protected by the United States Constitution or the Wisconsin Constitution, including freedom of speech, the free exercise of religion and/or the right of assembly. Unless flight by the minor or circumstances make it impracticable, a peace officer shall, prior to issuing a citation for an offense under this section, afford the minor an opportunity to explain his or her reasons for being present in the public place. A peace officer shall not issue a citation for an offense under this section unless the officer reasonably believes that an offense has occurred, and that none of the exceptions to the curfew restriction described herein applies.
A. 
It shall be unlawful for any person under the age of 18 years attending school within the Village of Salem Lakes to be a truant as defined in this section.
B. 
It shall be unlawful for any person under the age of 18 years attending school within the Village of Salem Lakes to become a habitual truant as defined in this section.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
HABITUAL TRUANT
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 five or more days on which school is held during a school semester.
TRUANT
A pupil who is absent from school without an acceptable excuse as provided in §§ 118.15 and 118.16(4), Wis. Stats., for part or all of any day on which school is held during a school semester.
D. 
Penalties.
(1) 
Any person convicted of violating Subsection A of this section shall be subject to one or more of the following dispositions:
(a) 
An order requiring the person found to be a truant to attend school.
(b) 
The imposition of a forfeiture of not more than $50, plus court costs, for the first violation or the imposition of a forfeiture of not more than $100, plus court costs, for any second or subsequent violation committed within 12 months of a previous violation, subject to a maximum cumulative forfeiture of not more than $500 for all violations committed during a school semester. All or part of the forfeiture, plus costs, may be assessed against the person found to be a truant, his or her parents or guardian, or both.
(2) 
Any person found violating Subsection B of this section shall be subject to one or more of the following sanctions:
(a) 
Suspension of the person's operating privilege for not less than 30 days nor more than one year. The court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the Department of Transportation a notice stating the reason for and the duration of the suspension.
(b) 
An order for the person to attend school.
(c) 
Imposition of a forfeiture of not more than $500, plus court costs, subject to the provisions of § 938.37, Wis. Stats. All or part of the forfeiture, plus costs, may be assessed against the person found to be a habitual truant, his or her parents or guardian, or both.
(d) 
Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises, and restrictions on associating with other children or adults.
(e) 
An order for the person's parent, guardian or legal custodian to participate in counseling, at the parent's, guardian's or legal custodian's own expense, or to attend school with the person, or both.
A. 
No person may possess or attempt to possess 25 grams or less of marijuana, as defined in § 961.01(14), Wis. Stats., unless the person obtains the marijuana directly from, or pursuant to, a valid prescription or order of a practitioner who is acting in the course of his or her professional practice, or unless the person is otherwise authorized by the provisions of Ch. 961, Wis. Stats., to possess the marijuana.
B. 
Penalty. Any person violating this section shall, upon conviction, be subject to a penalty as provided in § 1-4 of this Code.
A. 
No person may possess or attempt to possess, whether under the common street or trade names of "Spice," "K2," "Genie," "Yucatan Fire," "Fake," or "New" marijuana, "bath salts" or by any other name, label or description, a controlled substance specified in § 961.14(4)(tb), Wis. Stats., unless the person obtains the controlled substance directly from, or pursuant to, a valid prescription or order of a practitioner who is acting in the course of his or her professional practice, or unless the person is otherwise authorized by the provisions of Ch. 961, Wis. Stats., to possess the controlled substance.
B. 
Penalty. Any person violating this section shall, upon conviction, be subject to a penalty as provided in § 1-4 of this Code.
A. 
"Toxic inhalant" shall mean any glue, paint, gasoline, aerosol, adhesive cement, mucilage, plastic cement or any similar substance containing one or more of the following volatile substances: acetone, benzene, butyl alcohol, cyclohexanone, ethyl acetate, ethyl alcohol, ethylene dichloride, hexane, isopropyl alcohol, methyl alcohol, methyl celosove, acetate, methyl ethyl ketone, methyl isobutyl ketone, pentachiorphenol, petroleum ether, trichiorethylene, triscresylphosphate, toluene, toluol, or any other chemical capable of producing intoxication when inhaled.
B. 
Inhalation of vapors or fumes from toxic inhalants prohibited. No person shall inhale or otherwise introduce into his respiratory tract any toxic vapors or fumes which may be released from any toxic inhalant with the intent of becoming intoxicated, elated, excited, stupefied, irrational, or paralyzed, or of changing, distorting or disturbing his eyesight, thinking process, judgment, balance or muscular coordination.
C. 
Limitations of sales, transfer and possession of toxic inhalants. No person shall possess, buy, sell, transfer possession or receive possession of any toxic inhalant with the intent to violate, or to aid another to violate, any provisions of this section.
D. 
Penalty. Any person violating this section shall, upon conviction, be subject to a penalty as provided in § 1-4 of this Code.
A. 
No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of Ch. 961, Wis. Stats., or § 400-12, 400-13 or 400-14 of this chapter.
B. 
No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be primarily used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of Ch. 961, Wis. Stats., or § 400-12, 400-13 or 400-14 of this chapter.
C. 
In this section, the term "drug paraphernalia" shall have the meaning set forth in § 961.571, Wis. Stats., as amended from time to time. In determining whether or not a particular object is "drug paraphernalia" under this section, the court shall consider those factors set forth in § 961.572, Wis. Stats.
D. 
Penalty. Any person violating this section shall, upon conviction, be subject to a penalty as provided in § 1-4 of this Code.
A. 
No person may:
(1) 
Intentionally take and carry away, use, transfer, conceal, or retain possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property.
(2) 
By virtue of his or her office, business or employment, or as trustee or bailee, having possession or custody of money or of a negotiable security, instrument, paper or other negotiable writing of another, intentionally use, transfer, conceal, or retain possession of such money, security, instrument, paper or writing without the owner's consent, contrary to his or her authority, and with intent to convert to his or her own use or to the use of any other person except the owner. A refusal to deliver any money or a negotiable security, instrument, paper or other negotiable writing, which is in his or her possession or custody by virtue of his or her office, business or employment, or as trustee or bailee, upon demand of the person entitled to receive it, or as required by law, is prima facie evidence of an intent to convert to his or her own use within the meaning of this subsection.
(3) 
Having a legal interest in movable property, intentionally and without consent, take such property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of such property.
(4) 
Obtain title to property of another person by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. False representation includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme.
(5) 
Intentionally fail to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement after the lease or rental agreement has expired. This subsection does not apply to a person who returns personal property, except a motor vehicle, which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement within 10 days after the lease or rental agreement expires.
B. 
Penalty. Any person violating any provisions of this section shall be subject to the penalty provided in § 1-4 of this Code and may be ordered to make restitution to a victim as provided in § 800.093, Wis. Stats.
No person shall retain possession of any library material, as defined in § 943.61, Wis. Stats., in excess of the authorized loan period without the consent of a library official, agent, or employee. Any library materials retained in violation of this section shall be impounded by a code enforcement officer and returned to the library responsible for them. Such impoundment shall not impair any other remedy available to library officials for this offense.
A. 
Worthless checks. No person shall issue a check, draft, money order or other order for the payment of money in an amount less than $500 who at the time of issuance intends that it shall not be paid.
B. 
Prima facie evidence. Any of the following conditions shall be deemed prima facie evidence that the person at the time he or she issued the check or other order for the payment of money intended that it should not be paid:
(1) 
Proof that at the time of the issuance the person did not have an account with the drawee;
(2) 
Proof that at the time of the issuance the person did not have sufficient funds or credit with the drawee and that the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order; or
(3) 
When presentment was made within a reasonable time, the person issuing the check did not have sufficient funds or credit with the drawee and further that the person failed within five days after receiving notice of nonpayment or of dishonor of the check to pay the check or other order.
C. 
Exceptions. This section shall not apply to a postdated check or a check given for a past consideration except a payroll check.
D. 
Penalties. Any person violating this section shall, upon conviction, be subject to a penalty as provided in § 1-4 of this Code.
No persons shall obstruct, interfere with or resist any member of the County Sheriff's Department or Fire/Rescue Department while engaged in or traveling to or from or otherwise engaging in the performance of any duty or official function or willfully damage or destroy any property belonging to the County Sheriff's Department, Fire/Rescue Department or any member thereof or commit any assault or battery or throw any object upon a member of the County Sheriff's Department, Fire/Rescue Department while engaged in an official function.
No person shall request assistance from the County Sheriff's Department, Fire/Rescue Department or any other law enforcement agency when there is no matter requiring any such official action by any law enforcement agency or the Fire/Rescue Department.
A. 
Obstructing public ways.
(1) 
No person shall obstruct or interfere with by any means any vehicular, railroad or pedestrian traffic on any public walk, highway, street, alley, railroad track or public thoroughfare for the purpose of disrupting the orderly movement of such traffic or impede, intentionally or unintentionally, the flow of the vehicular, train or pedestrian traffic on a public walk, highway, street, alley, railroad track or public thoroughfare or at any public building or premises, parking lot or structure.
(2) 
Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets and sidewalks, is a violation of this section.
B. 
Unlawful assemblies.
(1) 
An unlawful assembly is an assembly which consists of three or more persons and which causes such a disturbance of public order that it is reasonable to believe that the assembly will cause injury to persons or damage to property unless it is immediately dispersed. An unlawful assembly includes an assembly of persons who assemble for the purpose of blocking or obstructing the lawful use by any other person or persons of any private or public thoroughfares, property or of any positions of access or exit to or from any private or public building or dwelling place, or any portion thereof, and which assembly does in fact so block or obstruct the lawful use by any other person or persons of such private or public thoroughfares, property or any position of access or exit to or from any private or public building or dwelling place, or any portion thereof.
(2) 
Whoever intentionally fails or refuses to withdraw from an unlawful assembly which the person knows has been ordered to disperse is guilty of a violation of this section.
A. 
Intent. The Village of Salem Lakes has seen an increasing number of acts and conduct by juveniles relating to injury to persons and damage to property, and such conduct is of concern to the citizens of this Village. It is therefore declared that parental responsibility must be encouraged to assist in eliminating conduct relating to juvenile offenses. The following section is enacted to encourage parental responsibility in the area of juvenile conduct.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
LEGAL GUARDIAN
Any parent or guardian or any other person who shall have custody of a minor by order of court or otherwise.
MINOR
Any person who is the age of 10 years but who has not yet reached an 18th birthday.
C. 
Parental responsibility. The parent or legal guardian of an unemancipated minor residing with such parent or legal guardian shall be presumed, in the absence of evidence to the contrary, to have failed to exercise proper parental responsibility and said minor shall be deemed to have committed the acts described below with the knowledge and permission of the parent or guardian in violation of this section, upon the occurrence of the event described in Subsection C(1), (2) and (3) below:
(1) 
An unemancipated minor residing with said parent or legal guardian shall either be adjudicated to be in violation of any ordinance, law or statute prohibiting willful and malicious acts causing injury to a person or property or shall have incurred non-judicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute prohibiting willful and malicious acts causing injury to a person or property;
(2) 
Said parent or legal guardian shall have received a written notice thereof, either by certified or registered mail, return receipt requested, or by personal service, with a certificate or affidavit of personal service returned from the County Sheriff's Department following said adjudication or non-judicial sanction; and
(3) 
If at any time within one year following receipt of the notice set forth in Subsection C(2) above, said minor is either adjudicated to be in violation of any ordinance, law or statute as described in Subsection C(1) above or shall have incurred non-judicial sanctions from another official agency resulting from an admission of guilt of violation of any ordinance, law or statute as described in Subsection C(1) above.
D. 
Notice. In addition to the statutory requirements that parents appear with juveniles when summoned for Municipal Court, the following notice shall be provided to such parent or guardian:
"You are hereby notified that __________ has been involved in violation of the ordinances of the Village of Salem Lakes, specifically, Section _______________.
If your child or juvenile in your custody is again involved in a violation of Village ordinances or state statutes prohibiting willful and malicious acts causing injury to any person or property, you will be cited for failure to exercise responsibility. Conviction for violation of this Parental Responsibility Ordinance may result in a forfeiture as prescribed in § 1-4 of the Village Code and the costs of prosecution as the court shall allow."
E. 
Penalty. Any person convicted of violation of this section shall be subject to a penalty as provided in § 1-4 of this Code.
No person shall attempt to commit an offense, which requires the actor to have an intent to perform acts to obtain a result which, if accomplished, would constitute such offense and that the person does acts towards the commission of the offense which demonstrate unequivocally under normal circumstances that the person formed the intent and would commit the offense except for the intervention of another person or some other extraneous factor. An attempt shall subject the violator to the same penalty as if the offense had been completed.