[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.]
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.
FIREARM
Definition. As used in this section, the following term shall have
the meaning indicated:
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.
DWELLING UNIT
IMPLIED CONSENT
PLACE OF EMPLOYMENT
PRIVATE PROPERTY
UNDEVELOPED LAND
(1)
(2)
(3)
(4)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Conduct or words, or both, that imply that an owner or occupant
of land has given consent to another person to enter the land.
Has the meaning given in § 101.01(11), Wis. Stats.
Real property that is not owned by the United States, the
State of Wisconsin or a local governmental unit.
Land that meets all of the following criteria:
The land is not occupied by a structure or improvement being
used or occupied as a dwelling unit.
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.
The land is not occupied by a public building.
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.
HABITUAL TRUANT
TRUANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
It is a violation of this chapter for anyone to intentionally
solicit a child under the age of 18 to participate in criminal gang
activity. "Criminal gang activity" has the definition given in § 941.38(b),
Wis. Stats.
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.
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.
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.
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.
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.
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.
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.
LEGAL GUARDIAN
MINOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any parent or guardian or any other person who shall have
custody of a minor by order of court or otherwise.
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:
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"You are hereby notified that __________ has been involved in
violation of the ordinances of the Village of Salem Lakes, specifically,
Section _______________.
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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."
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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.
Except as otherwise provided herein, any person violating any provisions of this chapter shall be subject to the penalty provided in § 1-4 of this Code.
