Village of Wild Rose, WI Chapter 9-2 Offenses Against Public Safety and Peace

[HISTORY: Adopted by the Board of Trustees of the Village of Wild Rose. Amendments noted where applicable.]

§ 9-2-1 Discharging firearms and guns prohibited.

[Amended 10-2-2019 by Ord. No. 2019-02]

A. No person, except a sheriff, police officer or their deputies, shall fire or discharge any firearm, rifle, spring or air gun of any description, or other dangerous apparatus, within the Village.

B. No person shall, in the territory adjacent to the Village, discharge any firearm in such manner that the discharge shall enter or fall within the Village.

C. The Village Board may designate ranges and areas for rifle, trap, skeet, bow and arrow, or any other kind of shooting practice.

§ 9-2-2 Possession of weapons in Village facilities prohibited.

[Amended 8-7-2019 by Ord. No. 2019-01]

A. Prohibition. No person, other than law enforcement officers with official business, shall possess any firearm, explosive, knife, dagger, pepper spray, electronic weapon, simulated firearm or any other dangerous weapon with any building owned, leased, occupied, or controlled by the Village of Wild Rose. This includes but is not limited to:

(1) Village of Wild Rose municipal buildings.

(2) Village of Wild Rose Community Center and Patterson Memorial Library.

(3) Village of Wild Rose shop buildings.

(4) Village of Wild Rose dam and building on site.

B. Violations subject to seizure. Any property possessed in violation of this section is subject to immediate seizure and shall be returned or disposed of in accordance with the procedures set forth in Wis. Stats. § 968.20, using the definition of "dangerous weapon" contained herein.

C. Effective. This section shall take effect upon passage and publication as provided by law.

§ 9-2-3 Throwing or shooting of arrows, stones and other missiles prohibited.

No person shall throw or shoot any object, arrow, stone, snowball, incendiary or explosive devise, or other missile or projectile, by hand or by any other means, at any person or at, in or into, any building, home, street, sidewalk, alley, highway, park, playground, or other public place within the Village. No person shall manufacture, fabricate, carry, possess, sell, give or use any type of incendiary or explosive device, or other device of a similar nature, within the Village. Exception: The shooting of a bow and arrow can lawfully be done in the following manner: the target itself must be able to stop an arrow completely, and a backstop of at least eight feet by eight feet, also capable of stopping an arrow completely, must be used; further, that the adjoining property owners closest to the target are notified, in writing, once a year before shooting begins.

§ 9-2-4 Harassing or obscene telephone calls.

Whoever of the following shall be subject to the penalty as provided in this Code:

A. Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent;

B. Makes a telephone call, whether or not conversation ensues, with the intent to abuse, threaten or harass any person at the called number or numbers;

C. Makes or causes the telephone of another to repeatedly or continuously ring, with intent to harass any person at the called number or numbers;

D. Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers;

E. Knowingly permits any telephone under his/her control to be used for any purpose prohibited by this section;

F. In conspiracy or concerted action with other persons makes repeated calls or simultaneous calls solely to harass any person at the called number or numbers.

§ 9-2-5 Sale and discharge of fireworks restricted.

A. Private use and sale. No person shall sell, expose or offer for sale, use, keep discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Village, unless he/she shall be authorized by a fireworks permit as hereinafter provided. The term "fireworks" as used in this section shall be as defined in § 167.10(1), Wis. Stats., and shall be deemed to include all rockets or similar missiles containing explosive fuel.

B. Fireworks permits. Fireworks other than those prohibited by the laws of the State of Wisconsin may be used and displayed in open fields, parks, rivers, lakes and ponds by public organizations and other groups of individuals when a permit for such display has been granted by the Village Board. All applications shall be referred to the District Fire Chief for investigation, and no permit shall be granted unless the Village Board, from the report of the Chief, determines that the applicant will use the fireworks in a public exhibition, that all reasonable precautions will be exercised with regard to the protection of the lives and property of all persons, and that the display will be handled by a competent operator and conducted in a suitable, safe place and manner. Before granting any fireworks permit, the Village Board shall require the applicant to post with the Clerk-Treasurer an approved indemnity bond in the sum of $2,000 for the payment of all claims that may arise by reason of injuries to persons or property from the handling, use or discharge of fireworks under such permit.

§ 9-2-6 Obstructing streets and sidewalks prohibited.

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

§ 9-2-7 (Reserved) [1]

[1] Editor's Note: Former Sec. 9-2-7, Regulation of display and sale of instruments used for inhaling or ingesting controlled substances, was repealed at time of adoption of Code (see Ch. 1-2, Adoption of Code).

§ 9-2-8 Loitering prohibited.

No person shall 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 which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself/herself, or manifestly endeavors to conceal himself/herself or any object. Unless flight by the person or other circumstances make it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him/her to identify himself/herself and explain his/her presence and conduct. No person shall be convicted of an offense under this section if the police or peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.

§ 9-2-9 Loud and unnecessary noise prohibited.

A. It shall be unlawful for any person to make, continue or cause to be made or continued any loud and unnecessary noise.

B. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:

(1) Horns, signal devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the Village, except as a danger warning; the creation of any unreasonable loud or harsh sound by means of any signaling device and the sounding of any device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust and the use of any signaling device when traffic is for any reason held up.

(2) Radios, phonographs, similar devices. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a loud and unnecessary manner. The operation of any set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible at the property line of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

(3) Loudspeakers, amplifiers for advertising. The using, operating, or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person, and without the aid of any mechanical device.

(4) Animals, birds. The keeping of any animal or bird which by causing frequent or long continued unnecessary noise.

(5) Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper Village authorities.

(6) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, or motorboat, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(7) Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or any other similar equipment attended by loud or unusual noise other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays; provided, however, the Village Board shall have the authority, upon determining that the loss of inconvenience which would result to any party in interest would be extraordinary and of such nature as to warrant special consideration, to grant a permit for a period necessary within which time such work and operation may take place within the hours of 10:00 p.m. and 7:00 a.m.

(8) Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court, while in use, or adjacent to any hospital which unreasonably interferes with the normal operation of that institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in those streets indicating a school, hospital or court street.

(9) Motor vehicles. No person shall make unnecessary noises with a motor vehicle by squealing tires, excessive acceleration of the engine, or by emitting unnecessary and loud muffler noises.

C. The provisions of this section shall not apply to:

(1) Any vehicle of the Village while engaged in necessary public business.

(2) Excavations or repairs of streets or other public construction by or on behalf of the Village, county, or state at night when public welfare and convenience renders it impossible to perform such work during the day.

§ 9-2-10 Curfew.

A. It shall be unlawful for any person under the age of 18 to be on foot, bicycle, or in any type of vehicle on any public street, avenue, highway, road, alley, park, school grounds, swimming beach, cemetery, playground, public building, or any other public place in the Village between the hours of 12:00 p.m. and 5:00 a.m., unless said child is accompanied by his/her parent or guardian, or person having lawful custody and control of his/her person, or unless there exists a reasonable necessity therefor. The fact that said child, unaccompanied by parent, guardian or other person having legal custody is found upon any such public place during the aforementioned hours shall be prima-facie evidence that said child is there unlawfully and that no reasonable excuse exists therefor.

B. Exceptions.

(1) This section shall not apply to a child:

(a) Who is performing an errand as directed by his/her parent, guardian or person having lawful custody.

(b) Who is on his/her own premises or in the areas immediately adjacent thereto.

(c) Whose employment makes it necessary to be upon the streets, alleys or public places, or in any motor vehicle during such hours.

(d) Who is returning home from a supervised school, church or civic function.

(2) These exceptions shall not, however, permit a child to unnecessarily loiter about the street, alleys or public places, or be in a parked motor vehicle on the public streets.

C. It shall be unlawful for any parent, guardian or other person having the lawful care, custody and control of any person under the age of 18 years to allow or permit such person to violate the provisions of Subsections A and B above. The fact that prior to the present offense a parent, guardian or custodian was informed by any law enforcement officer of a separate violation of this chapter occurring within 30 days of the present offense shall be prima facie evidence that such parent, guardian or custodian herein, who shall have made a missing person notification to the Police Department, shall not be considered to have allowed or permitted any person under the age of 18 years to violate this section.

D. It shall be unlawful for any person, firm or organization operating, or in charge of, any place of amusement, entertainment, refreshment or other place of business, to permit any minor under the age of 18 years to loiter, loaf, or idle in such place during the hours prohibited by this section. Whenever the owner or person in charge, or in control, of any place of amusement, entertainment, refreshment or other place of business during the hours prohibited by this section shall find minors under the age of 18 years loitering, loafing, or idling in such place of business, he/she shall immediately order such minor to leave, and if such minor refuses to leave said place of business, the operator shall immediately notify the Police Department and inform it of the violation.

E. Every law enforcement officer is hereby authorized to detain any minor violating the provisions above, until such time as the parent, guardian, or person having legal custody of the minor shall be immediately notified. The person so notified shall, as soon as reasonably possible thereafter, report to the Police Department for the purpose of taking custody of the minor and shall sign a release for him/her. If no response is received, the Police Department shall take whatever action is deemed necessary in the best interest of the minor.

F. General penalty.

(1) Any parent, guardian or person having legal custody of a minor described in Subsections A and E who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in § 1-1-8 of this Code.

(2) Any child who violates this section shall be dealt with under Chapter 948 of the Wisconsin Statutes.

§ 9-2-11 Disorderly conduct.

A. Disorderly conduct prohibited. No person within the Village limits shall:

(1) In any public or private place, engage in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order, or tends to annoy or disturb any other person.

(2) Intentionally causes, provokes or engages in any fight, brawl, riot or noisy altercation, other than a bona fide athletic contest.

(3) Use any weapon in such manner as to frighten any person or persons, and otherwise disturb the peace and good order of the Village.

B. Disorderly conduct with motor vehicle.

(1) No person shall, on public or private property located within the Village limits, by or through the use of a motor vehicle, motorcycle, snowmobile or minibike, under circumstances which tend to cause or provoke a disturbance or annoy one or more persons, engage in violent, abusive, unreasonably loud or otherwise disorderly conduct, including but not limited to the unnecessary, deliberate or intentional spinning of wheels, squealing of tires, revving of the engine, blowing the horn, causing the engine to backfire or causing the vehicle while commencing to move or in motion to raise one or more of its wheels off the ground.

(2) Any person who shall violate this subsection shall, upon conviction, shall be subject to a forfeiture as provided in § 1-1-8 of this Code.

[Amended at time of adoption of Code (see Ch. 1-2, Adoption of Code)]

§ 9-2-12 Possession of marijuana prohibited.

A. Definitions. For the purpose of this section, the following definitions shall apply:

DRUG PARAPHERNALIA

[Added at time of adoption of Code (see Ch. 1-2, Adoption of Code)]

(1) All equipment, products and materials of any kind that are used, designed for use or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or controlled substance analog in violation of this chapter. "Drug paraphernalia" includes, but is not limited to, any of the following:

(a) Kits used, designed for use or primarily intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or from which a controlled substance or controlled substance analog can be derived.

(b) Kits used, designed for use or primarily intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs.

(c) Isomerization devices used, designed for use or primarily intended for use in increasing the potency of any species of plant that is a controlled substance.

(d) Testing equipment used, designed for use or primarily intended for use in identifying, or in analyzing the strength, effectiveness or purity of, controlled substances or controlled substance analogs.

(e) Scales and balances used, designed for use or primarily intended for use in weighing or measuring controlled substances or controlled substance analogs.

(f) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, designed for use or primarily intended for use in cutting controlled substances or controlled substance analogs.

(g) Separation gins and sifters used, designed for use or primarily intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.

(h) Blenders, bowls, containers, spoons and mixing devices used, designed for use or primarily intended for use in compounding controlled substances or controlled substance analogs.

(i) Capsules, balloons, envelopes and other containers used, designed for use or primarily intended for use in packaging small quantities of controlled substances or controlled substance analogs.

(j) Containers and other objects used, designed for use or primarily intended for use in storing or concealing controlled substances or controlled substance analogs.

(k) Objects used, designed for use or primarily intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:

[1] Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.

[2] Water pipes.

[3] Carburetion tubes and devices.

[4] Smoking and carburetion masks.

[5] "Roach clips," meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.

[6] Miniature cocaine spoons and cocaine vials.

[7] Chamber pipes.

[8] Carburetor pipes.

[9] Electric pipes.

[10] Air-driven pipes.

[11] Chilams.

[12] Bongs.

[13] Ice pipes or chillers.

(2) "Drug paraphernalia" excludes:

(a) Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting substances into the human body.

(b) Any items, including pipes, papers and accessories, that are designed for use or primarily intended for use with tobacco products.

MARIJUANA

All parts of the plant Cannabis Sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, sale, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.

PRACTITIONER

[Amended at time of adoption of Code (see Ch. 1-2, Adoption of Code)]

(1) A physician, dentist, veterinarian, podiatrist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this Village.

(2) A pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this Village.

PRIMARILY

Chiefly or mainly.

[Added at time of adoption of Code (see Ch. 1-2, Adoption of Code)]

B. It is unlawful for any person to possess and/or use marijuana, unless the marijuana was obtained directly from, or pursuant to a valid prescription or order of, a practitioner, or except as otherwise authorized by § 938.02(2d) and § 961.01(4), Wis. Stats.

[Amended at time of adoption of Code (see Ch. 1-2, Adoption of Code)]

C. Restrictions.

[Added at time of adoption of Code (see Ch. 1-2, Adoption of Code)]

(1) 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 this chapter. Any person who violates this subsection may be subject to a forfeiture of not more than $500, plus costs.

(2) Any person who violates Subsection C(1) who is under 17 years of age is subject to a disposition under § 938.344(2e), Wisconsin Statutes.

D. Adoption. This section is adopted pursuant to § 961.577 of the Wisconsin Statutes.

[Added at time of adoption of Code (see Ch. 1-2, Adoption of Code)]

§ 9-2-13 Unauthorized presence on school property prohibited.

A. It shall be unlawful for any person, except as provided in Subsection B hereof, to be present in, loiter, or enter into any public school building, school parking lot, or on any public school grounds without the permission of the school principal, custodian, or other person in charge thereof between 7:30 a.m. and 4:30 p.m. on official school days.

B. This section shall not apply to:

(1) Students regularly enrolled in public schools who have not been properly ordered by the school principal, custodian or other person in charge thereof to leave the school building or school grounds.

(2) Persons coming into the school building or school grounds for the purpose of attending scheduled school, civic functions, or making use of the recreational facilities located upon or within school premises, but as to such attendance or use, this exception shall apply only to the portion of the premises on which such facilities are located and during the hours such facilities are specifically open to the general public or an invited portion thereof.

(3) Parents or legal guardians of a regularly enrolled student. However, such parent or legal guardian may be required to register at the school office.

C. The exceptions set forth in Subsection B shall not apply to any person who, while in school buildings or on school grounds, commits or attempts to commit any act prohibited by statute or ordinance.

D. All entrances to the school buildings shall be posted with a notice stating "Entry Into School Building by Unauthorized Persons Prohibited."

E. It shall be unlawful for any person to park a vehicle upon school property contrary to school or Village parking regulations.

F. It shall be unlawful for any person to possess controlled substances as defined in § 938.02(2d), and § 961.01(4), Wis. Stats., on school property, except and unless they possess express written permission of the school principal or district administrator.

G. It shall be unlawful for any person of any age to intentionally encourage or contribute to the delinquency or neglect of any child under the age of 18.

H. 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 School Board, or upon request of any police officer, display any written authorization to be present which he/she may have in his/her possession, or otherwise explain his/her presence or his/her status as such student, employee, parent or guardian or "authorized person" as referred to in the previous section.

I. Violations of this section will result in a forfeiture as provided in § 1-1-8, General penalty.

[Amended at time of adoption of Code (see Ch. 1-2, Adoption of Code)]

§ 9-2-14 Possession of firearms in public buildings and business establishments prohibited.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

FIREARM

Any rifle, shotgun, handgun, spring gun, or bow and arrow device.

LAW ENFORCEMENT OFFICER

Any person employed by the state or any political subdivision of the state for the purpose of detecting and preventing crime and enforcing laws or ordinances he/she is employed to enforce.

B. No person, except a law enforcement officer, shall have in his/her possession, carry or bear any firearms within any publicly owned building or business establishment that open to the public within the Village.

C. This section shall not be construed to prohibit the sale, purchase, repair or trade of firearms by a retail business establishment doing so in the course of its regular business in accord with state and federal law, nor to hinder a prospective customer from attempting to buy, sell or trade firearms to or from a retailer.

§ 9-2-15 Toxic glues.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

TOXIC GLUE

Any glue, 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 cello solve, acetate, methyl ethyl ketone, methyl isobutyl ketone, pentachlorophenol, petroleum ether, trichloroethylene, tricresy phosphate, Toulon or any other chemical capable of producing intoxication when inhaled.

B. Inhalation prohibited. No person shall inhale or otherwise introduce into his/her respiratory tract any toxic glue, or any vapors or fumes which may be released from any toxic glue, with the intent of becoming intoxicated, elated, excited, stupefied, irrational, paralyzed, or of changing, distorting or disturbing his/her eyesight, thinking process, judgment, balance or muscular coordination.

C. Sale or transfer.

(1) No person shall, for the purpose of violating or aiding another to violate any provision of this section, possess, buy, sell, transfer possession or receive possession of any toxic glue.

(2) No person shall sell or transfer possession of any toxic glue to any person under 18 years of age; provided, however, that one tube or container of toxic glue may be sold or transferred to a child under 18 years of age immediately in conjunction with the sale or transfer of a model kit, if the kit requires approximately such quantity of the glue for assembly of the model, and provided, further, that nothing herein contained shall be applicable to the transfer of a tube or other container of such glue for assembly of the model, and provided, further, that nothing herein contained shall be applicable to the transfer of a tube or other container of such glue from a parent to his/her child or from a legal guardian to his/her ward.

§ 9-2-16 Inhalation of harmful substances and vapors.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

HARMFUL SUBSTANCES

Any substance other than toxic glues as defined in § 9-2-15, having property of releasing toxic vapors, or which is, or vaporizes to produce, a vapor, gas or fume which when inhaled produces intoxication, stupefaction, irrational behavior, paralysis or changing, distorting or disturbing his/her eyesight, thinking process, judgment, balance or muscular coordination.

B. Smelling, inhalation prohibited. No person within the Village limits shall smell gases or inhale the fumes or vapors of any harmful substance with the intent of being intoxicated, stupefied, irrational, paralyzed or of changing, distorting or disturbing his/her eyesight, thinking process, judgment, balance or muscular coordination.

C. Sale or transfer. No person shall within the Village limits for the purpose of violating or aiding another to violate any provision of this section possess, buy, sell, transfer possession or receive possession of any harmful substance.

§ 9-2-17 Juvenile school policy.

A. This policy shall apply to all children enrolled in the Wild Rose School District.

(1) It shall be unlawful for any person under the age of 18, and subject to compulsory school attendance per state statute, to be on foot, bicycle, in or upon any vehicle or conveyance in any public building, private premises open to the public, or public place, within the Village of Wild Rose at any time during those hours while the School District of Wild Rose is conducting its regular scheduled instruction hours and term to which said school-age child is subject to compulsory attendance.

(2) It shall be unlawful for any person under the age of 18 and subject to compulsory school attendance per state statute, residing in other school districts, to be located in the Village of Wild Rose at any time during those hours and periods that the school is in session where he or she is, or should be, enrolled.

(3) The presence of school-age children without immediate supervision and control by parent or responsible adult establishes prima facie evidence that said school-age child is in violation of the chapter.

B. This section does not apply to a child:

(1) Who is upon his own premises or on other private or public places under supervision of parent or responsible adult.

(2) Whose employment requires off-school presence during instructional hours and said employment is authorized and/or with the knowledge of school officials.

(3) While performing any errand with a written "pass" or other document issued by school officials identifying the student, hours, and places.

(4) While going directly to, or returning from, any place resorted to for necessary professional services.

(5) While in the company of, supervised by, and in the control of any administrator, teacher or other staff of the School District of Wild Rose or the district where said child is enrolled.

C. No person shall encourage or contribute to the violation of this chapter by any act or omission, including but not limited to:

(1) Transport of school-age child from school campus to any place within the Village prohibited by this chapter.

(2) Permitting school-age child to loiter or resort to any place, public or private premises not authorized by school or parent/legal guardians of the school-age child.

D. Every law enforcement officer is hereby authorized to detain any actual or suspected school-age child for the purpose of determining compliance with the chapter. If violation of this chapter is established, the law enforcement officer shall proceed as set forth in Subsections E, F, and G, below, or the officer may return the child to the principal or other attendance officer of the school where the student is or should be enrolled.

E. Every law enforcement officer is hereby authorized to detain any minor violating the provisions above until such time as the parent, guardian, or person having legal custody of the minor shall be immediately notified, and the person so notified shall, as soon as reasonably possible thereafter, report to the Police Department for the purpose of taking custody of the minor and shall sign a release for him/her. If no response is received, the Police Department shall take whatever action is deemed necessary in the best interest of the minor.

F. Warning. For the first time, a minor, parent, guardian or person having legal custody of a minor that is detained by a law enforcement officer of the Village as provided in Subsection E shall be advised, personally, if known or by registered mail, as to the provisions of this section and further advised that any violation of this section occurring thereafter by the minor or any other minor under his/her care or custody shall result in a penalty being imposed as hereinafter provided.

G. General penalty.

(1) Any parent, guardian or person having legal custody of a minor described in Subsections A and E who has been warned in the manner provided in Subsection F and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in §§ 1-1-7 and 1-1-8 of this Code, or as determined by the Municipal Court.

(2) Any child who violates the provisions of this chapter, after being detained and released under Subsection E, shall be dealt with in accordance with Chapter 48 of the Wisconsin Statutes. Any child found guilty of violating this chapter shall also be subject to a penalty under §§ 1-1-7 and 1-1-8 of this Code, or as determined by the Municipal Court.

(3) This chapter shall apply with equal effect upon any child who is temporarily excused, suspended, or otherwise not subject to attendance at school at the time of violation. The intent of this subsection is that such school-age children shall not be at large within the Village, but rather will be subject to supervision, control and accountability during the instructional school hours.

§ 9-2-18 Parental responsibility for juvenile misconduct.

A. Purpose. The purpose of this section is to reduce the incidents of misconduct by juveniles by requiring proper supervision on the part of custodial parents.

B. Definitions. For purposes of this section, unless otherwise defined:

CHILD

A person under the age of 18 years.

CUSTODIAL PARENT

A parent or legal guardian of a minor child who has custody of said child.

CUSTODY

Either physical custody of a child under a court order under § 767.225 or § 767.41, Wis. Stats., custody of a child under a stipulation under § 767.34, Wis. Stats., or actual physical custody of the child. Custody does not include legal custody, as defined under § 48.02(12), Wis. Stats., by an agency or a person other than the child's birth or adoptive parent. In determining which parent has custody of a child for purposes of this chapter, the court shall consider which parent had responsibility for caring for and supervising the child at the time that the child's ordinance violations occurred.

C. Prohibited conduct. Every custodial parent has a duty to properly supervise his/her child. Any custodial parent whose child is convicted of a Village of Wild Rose ordinance violation twice in a six-month period, or three or more times within a twelve-month period, is guilty of failing to properly supervise said child. The six- and twelve-month periods shall be measured from the date of the first violation.

D. Penalty. The offense described under Subsection C shall be subject to a penalty of a maximum of not more than $5,000.

[Amended at time of adoption of Code (see Ch. 1-2, Adoption of Code)]

E. Defenses.

(1) The following shall be defenses to a violation of Subsection C:

(a) Where the parent has made all reasonable and available efforts under the circumstances to prevent the juvenile misconduct;

(b) Where the parent is not legally responsible for the supervision of the juvenile at the time the misconduct occurred; or

(c) Where the parent has a physical or mental disability or is incompetent, thus rendering them incapable of supervising the juvenile at the time the misconduct occurred.

(2) It is not a defense where the parent assigns their parental responsibility to another, except pursuant to legal proceedings, which result in a court order effectuating the same.

(3) The parent has the burden of proving their defense by clear and satisfactory evidence.

§ 9-2-19 Sex offender residency restrictions; loitering.

[Added 9-6-2017; amended at time of adoption of Code (see Ch. 1-2, Adoption of Code)]

A. Purpose and intent.

(1) The Village finds and declares that sex offenders are a serious threat to public safety. When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault. Given the high rate of recidivism for sex offenders and that reducing opportunity and temptation is important to minimizing the risk of reoffense, there is a need to protect children where they congregate or play in public places in addition to the protections afforded by state law near schools and day-care centers. The Village finds and declares that, in addition to schools and day-care centers, children congregate or play in a number of public places, including public parks and other facilities for children.

(2) This section is a regulatory measure aimed at protecting the health and safety of children in the Village of Wild Rose from the risk that convicted sex offenders may reoffend in locations close to their residences. It is the intent of this section not to impose a criminal penalty but rather to serve the Village's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the Village by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence; and by creating child safety zones where children regularly congregate in concentrated numbers wherein access by certain sexual offenders and sexual predators to such zones shall be restricted or excluded.

B. Definitions. As used in this section and unless the context otherwise requires:

CRIME AGAINST CHILDREN

Any of the following offenses set forth within the Wisconsin Statutes, as amended, or the laws of this or any other state or the federal government, having like elements necessary for conviction and involving a person under the age of 18 years, respectively:

Wisconsin Statute Sections	As listed on the following pages
940.225(1)	First Degree Sexual Assault
940.225(2)	Second Degree Sexual Assault
940.225(3)	Third Degree Sexual Assault
940.22(2)	Sexual Exploitation by Therapist
940.30	False Imprisonment — victim was minor and not the offender's child
940.31	Kidnapping — victim was minor and not the offender's child
944.06	Incest
948.02(1)	First Degree Sexual Assault of a Child
948.02(2)	Second Degree Sexual Assault of a Child
948.025	Engaging in Repeated Acts of Sexual Assault of the Same Child
948.05	Sexual Exploitation of a Child
948.055	Causing a Child to View or Listen to Sexual Activity
948.06	Incest with a Child
948.07	Child Enticement
948.075	Use of a Computer to Facilitate a Child Sex Crime
948.08	Soliciting a Child for Prostitution
948.095	Sexual Assault of a Student by School Instructional Staff
948.11(2)(a) or (am)	Exposing Child to Harmful Material — felony sections
948.12	Possession of Child Pornography
948.13	Convicted Child Sex Offender Working with Children
948.30	Abduction of Another's Child
971.17	Not Guilty by Reason of Mental Disease — of an included offense
975.06	Sex Crimes Law Commitment

FACILITY FOR CHILDREN

A public or private school, a group home, as defined in § 48.02(7), Wisconsin Statutes, a residential care center for children and youth, as defined in § 48.02(15d), Wisconsin Statutes, a shelter care facility, as defined in § 48.02(17), Wisconsin Statutes, a child-care center licensed under § 48.65, Wisconsin Statutes, a child-care program established under § 120.13(14), Wisconsin Statutes, a child-care provider certified under § 48.651, Wisconsin Statutes, or a youth center, as defined in § 961.01(22), Wisconsin Statutes.

OFFENDER

A person who has been convicted of or has been found delinquent of or has been found not guilty by reason of disease or mental defect of a sexually violent offense and/or a crime against children.

PERMANENT RESIDENCE

The place where a person sleeps, abides, lodges or resides for 14 or more consecutive days or which qualifies as a residence under the holdings of the Wisconsin Supreme Court and which may include more than one location, and may be mobile or transitory.

RECREATIONAL TRAIL

All parts and segments of the Village of Wild Rose designated as a recreational trail.

SEXUALLY VIOLENT OFFENSE

Shall have the meaning as set forth in § 980.01(6), Wisconsin Statutes, as amended from time to time.

TEMPORARY RESIDENCE

Residence or premises meeting any of the following criteria:

(1) A place where the person sleeps, abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year and which is not that person's permanent residence as defined in this section;

(2) A place where the person routinely sleeps, abides, lodges or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not that person's permanent residence as defined in this section; or

(3) A place where a person sleeps, or which qualifies as a temporary residence under the holdings of the Wisconsin Supreme Court, and which may include more than one location and may be mobile or transitory.

C. Residency restrictions.

(1) An offender shall not reside within 1,000 feet of real property that supports or upon which there exists any of the following uses:

(a) Any facility for children;

(b) A public park, parkway, parkland, park facility;

(c) A public swimming pool;

(d) A public library;

(e) A recreational trail;

(f) A public playground;

(g) A school for children;

(h) Athletic fields used by children;

(i) A day-care center;

(j) Any specialized school for children, including, but not limited to, a gymnastics academy, dance academy or music school; or

(k) Aquatic facilities open to the public.

(2) Measurement of distance. The distance shall be measured from the closest boundary line of the real property supporting the residence of an offender to the closest boundary line of the real property that supports or upon which there exists any of the uses enumerated in Subsection C(1) of this section.

(3) Residency restriction exceptions. An offender residing within 1,000 feet of real property that supports or upon which there exists any of the uses enumerated in Subsection C(1) of this section does not commit a violation of this chapter if any of the following apply:

(a) The offender is required to serve a sentence or is otherwise involuntarily required to reside in a jail, prison, juvenile facility, or other correctional institution or mental facility.

(b) The offender has established a residence prior to the effective date of the ordinance codified in this chapter.

(c) The use enumerated in Subsection C(1) of this section began after the offender established a residence.

(d) The offender is a minor or ward under guardianship.

(4) In addition to and notwithstanding the foregoing, but subject to Subsection C(3) of this section, no person who has been convicted of a sexually violent offense and/or crime against children shall be permitted to reside in the Village of Wild Rose and no supervised release of such Wisconsin Statute Chapter 980 sexually violent person shall be established in the Village of Wild Rose unless such person was domiciled in the Village of Wild Rose at the time of the offense resulting in the person's most recent conviction for committing the sexually violent offense and/or crime against children.

D. Loitering.

(1) It is unlawful for any person defined as an offender pursuant to § 9-2-19B to loiter or prowl in the locations enumerated in § 9-2-19C(1) in a place, at a time, or a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity.

(2) Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself/herself or manifestly endeavors to conceal himself/herself or any object. Unless flight by the actor or other circumstances make it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him/her to identify himself/herself and explain his/her presence and conduct at the locations enumerated in § 9-2-19C(1). No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm.

E. Loitering exceptions. The previous subsection shall not apply where the actor was accompanied by his/her parent, guardian or other adult person having his/her care, custody or control, or where that actor was exercising First Amendment rights protected by the United States Constitution or Wisconsin Constitution, including freedom of speech, the free exercise of religion and the right of assembly.

F. Penalties and remedies.

(1) Forfeitures. Any person found guilty of violating this section shall be subject to a forfeiture of not less than $1,000 nor more than $5,000 for each violation. Each violation and each day a violation continues or occurs shall constitute a separate offense. Neither the issuance of a citation nor the imposition of forfeiture hereunder shall preclude the Village from seeking or obtaining any or all other legal and equitable remedies to prevent or remove a violation of this section.

(2) Injunction — violation of residency restrictions. If an offender establishes a permanent or temporary residence in violation of § 9-2-19C, the Chief of Police may refer the matter to the Village Attorney. The referral shall include a written determination by the Chief of Police that, upon all of the facts and circumstances and the purpose and intent of this chapter, such violation interferes substantially with the comfortable enjoyment of life, health, or safety of another or others. Upon such referral, the Village Attorney shall bring an action in the name of the Village in Circuit Court to permanently enjoin such residency as a public nuisance.