Town of Brookfield, WI Chapter 9 Public Peace and Good Order

[HISTORY: Adopted by the Town Board of the Town of Brookfield. Amendments noted where applicable.]

§ 9.01 Offenses against state laws subject to forfeiture.

(1) Except as otherwise specifically provided in this Code, the current and future statutory provisions in Chapters 938 through 948, Chapter 125, Chapter 951, §§ 86.06, 86.192, 254.92(2), 97.627, 175.25, 961.41 and §§ 961.571 through 961.577, Wisconsin Statutes, describing and defining regulation against the peace and good order of the state, exclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a term of imprisonment, are adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by any current or future statute incorporated herein by reference is required to be performed or prohibited by this chapter Any future amendments, revisions or modifications of the current or future statutes incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of peace and good order of the state.

(2) Penalties. Except as otherwise provided, any person found to be in violation of any provision of the section shall be subject to a penalty as provided in § 25.04 of the Code of the Town of Brookfield.

§ 9.02 Firearms, bows and arrows, crossbows, missiles and projectiles.

[Amended 12-7-2021 by Ord. No. 2021-004; x11-6-2024 by Ord. No. 2024-03]

(1) Discharge and use restricted. It is hereby determined and declared necessary in the interest of the public health, safety and welfare that the discharge of firearms, bows and arrows and crossbows and the shooting or throwing of missiles and projectiles be regulated within the Town.

(2) Definitions. For purposes of this section:

BUILDING

Shall have the meaning given in § 29.038(3)(b)1.a, Wis. Stats.

FIREARMS

A rifle, smooth bore muzzle-loading firearm of any caliber, spring-powered rifle, air gun of any description, shotgun of any gauge, or handgun, as defined in Chapter 175, Wis. Stats., of any caliber.

(3) Discharge of firearms prohibited.

(a) Except as provided in Subsection (3)(b) of this section, no person shall fire or discharge any firearm, or any instrument which impels a missile or pellet by compressed air, spring or other means within the Town.

(b) Exceptions. Subsection (3)(a) of this section shall not apply to any of the following:

1. Any duly authorized law officer in the performance of his/her duties;

2. Any supervised rifle, pistol, trap, skeet or archery range authorized by the Town Board;

3. The use of a firearm for hunting game bird and animals under licenses issued by the Wisconsin Department of Natural Resources and authorized under Subsection (6);

4. The discharge of a firearm if the person's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in§ 939.45, Wis. Stats;

5. Starting guns shooting blanks and fired into the air for starting sporting events or as a gun salute as a special function at a parade, funeral or other ceremonial occasion;

6. Any deer or animal management program duly authorized by the Town Board.

(4) Possession of firearms, bows and arrows and crossbows restricted. No person may possess any firearms, bows and arrows or crossbows in the following locations:

(a) That portion of any Town-owned building while Municipal Court is in session, whether posted as such or unposted.

(b) On property or in a building owned by a public or private school unless that person is a licensee as defined in§ 175.60(1)(d), Wis. Stats., or an out-of-state licensee as defined in§ 175.60(1)(g), Wis. Stats.

(5) Throwing or shooting of missiles and projectiles. No person shall throw or shoot any object, missile, or projectile by hand or by any other means at any person under any circumstance which is likely to result in injury or harm to that person, or at, in or into any building, street, sidewalk, path, trail, walkway, alley, highway, park, playground or other public place within the Town.

(6) Hunting.

(a) It shall be unlawful for a person to hunt with a bow and arrow or crossbow on or across any Town-owned park or any Town-owned or -leased property on which a structure is located, whether posted as such or unposted. This section shall not apply to the discharge or use of any bow and arrow in designated areas of the Town.

(b) The Town Board may, from time to time, permit hunting on Town-owned parks on a limited basis and shall:

1. Impose reasonable conditions to ensure that the use of weapons does not interfere with the peaceful use and enjoyment of adjacent properties and does not create any unreasonable safety hazard.

2. Impose conditions as to the type of weapon to be used and with limitations as to the type of bullet, shot, arrow, or other missile-type device to be utilized by the hunter.

3. Impose other conditions as may be consistent with the terms of this section and the recommendations of the Chief of Police.

(c) Shooting or hunting with bow and arrow or crossbow is permitted in the Town of Brookfield on private property or with express written permission from the private property owner, subject to the following restrictions:

1. Shooting or hunting with bow and arrow or crossbow on private property occurs beyond 100 yards of a building located on any adjacent property, unless the adjacent property owner provides express written permission.

2. Shooting or hunting with bow and arrow or crossbow on private property must be discharged toward the ground, unless the discharged arrow or bolt will not travel beyond the boundary of the private property on which the weapon was discharged.

§ 9.03 Fireworks.

[Added 6-20-2000; amended 12-7-2021 by Ord. No. 2021-004]

It shall be unlawful for any person to sell, expose, or offer for sale, manufacture, have in their possession, use, keep, discharge, or explode any firecrackers, blank cartridges, toy pistols, toy canes, or cannons in which explosives are used, contrivances using explosive caps or cartridges, display wheels, torpedoes, sky rockets, roman candles, aerial salutes, American or Chinese bombs or other fireworks of like construction, or any fireworks containing any explosive or flammable compound or any tablets or devices commonly used and sold as fireworks containing nitrates, chlorates, oxalates, sulfides, or lead, barium, antimony, arsenic, mercury, nitroglycerine, phosphorous or any compound containing any of the same or other modem explosives within the Town, except those type of items listed in Subsection (1).

(1) Permitted for sale. The following items are permitted for sale, possession and discharge within the Town:

(a) A cap containing not more than 1/4 grain of explosive mixture if the cap is used or possessed for use in a device which prevents direct bodily contact with a cap when it is in place for explosion.

(b) A toy snake which contains no mercury.

(c) A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects or to produce audible and visible effects.

(d) A device designed to spray out confetti or streamers and which contains less than 1/4 grain of explosive mixture.

(e) A device that is designed primarily to burn pyrotechnic smoke-producing mixtures, at a controlled rate, and that produces audible or visible effects, or audible and visible effects.

(f) A cylindrical fountain that consists of one or more tubes and that is classified by the Federal Department of Transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.

(g) A cone fountain that is classified by the Federal Department of Transportation as a Division 1.4 explosive, as defined in 49 CFR 173.50.

(2) Fireworks prohibited. Under no circumstances shall any person sell, expose, or offer for sale, manufacture, have in possession, use, keep, discharge, or explode any fire balloon, mortars, excepting mortars used for special display purposes, cannon, explosive cane, toy pistol, toy revolver or other contrivances using explosive caps or cartridges, any Chinese firecrackers more than two inches in length or more than three-eighths-inch in diameter, or any article containing a compound of mercury or yellow phosphorous.

(3) Fuses prohibited. No person shall sell, barter, trade, or give any type of railroad or other fuse to a person under the age of 18 years.

(4) Permit for special display. Notwithstanding the prohibition contained in the introductory paragraph of this section, above, any fireworks other than those set out in Subsection (2) of this section may be used for pyrotechnic displays given by public authorities, civic organizations or groups of individuals that have been reviewed by the Fire Chief and granted a permit for such display by the Town Board. An indemnity bond with good and sufficient sureties 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 may be required by the Town of Brookfield, with the Town of Brookfield representatives and employees named as protected parties.

(5) Exclusions. The prohibitions and penalties provided in this section shall not apply to toy pistols, toy canes, toy guns or other devices in which paper caps manufactured in accordance with the United States Interstate Commerce Commission for packing and shipping of toy paper caps are used, or to toy pistol paper caps so manufactured, the sale and use of which shall be permitted at all times.

(6) Penalties. Except as otherwise provided, any person found to be in violation of any provision of this section shall be subject to a penalty as provided in § 25.04 of the Code of the Town of Brookfield.

§ 9.04 Obstructing streets and sidewalks.

No person shall stand, sit, loaf, loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Town 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, except with the permission of the Town Board upon written application to the Board.

§ 9.05 Loud and unnecessary noise.

[Added 10-22-1997]

(1) Persons. No person shall make, or cause to be made, any loud, disturbing, or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley, park, or private residence.

(2) Motor vehicles.

(a) No person shall cause a motor vehicle to squeal its tires or to cause loud engine noises by excessive acceleration which would tend to annoy or disturb another in or about any public street, alley, park, or any private property.

(b) No person, firm, or corporation shall, at any time between the hours of 10:00 p.m. and 6:00 a.m., create disturbing sounds associated with the idling of commercial motor vehicles.

(3) Air-conditioning equipment. No person shall cause, suffer, or allow any air moving, condition, or cooling equipment, of any nature or kind, to be so operated or maintained so as to cause any unusual or excessive noise which disturbs the comfort, quiet, or repose of persons in the vicinity thereof and, to this end, all available and reasonable sound deadening and muffling devices and practices shall be employed.

(4) Loading merchandise at stores. No person shall cause, suffer, or allow any unnecessary or unreasonably loud or harsh sounds, by means of the loading or unloading of merchandise at stores, between the hours of 10:00 p.m. and 6:00 a.m. which shall disturb the comfort, quiet, or repose of persons in the vicinity thereof.

(5) Garbage and trash collection operation times. For all residential and nonresidential properties, the collection of garbage and trash shall be performed from 7:00 a.m. to 7:00 p.m., inclusive. Nonresidential properties located 500 feet or more from the nearest residential property are exempt from the foregoing restrictions.

(6) Construction. No person, firm, or corporation shall at any time between the hours of 7:00 p.m. and 7:00 a.m. create any loud or sharp noises, concussions, or disturbing sounds associated with the construction, excavation, demolition, alteration, or repair of any building or development as may tend to annoy or disturb a reasonable person.[1]

[1] Editor's Note: Former Subsection (7), which regarded nonresidential snow removal, of the 2005 Code, which immediately followed this subsection, was repealed 12-7-2021 by Ord. No. 2021-004. This ordinance also redesignated former Subsection (8) of the 2005 Code as Subsection (7).

(7) Manufacturing - industrial - commercial operations. No person, firm, or corporation shall, at any time between the hours of 10:00 p.m. and 6:00 a.m., create any loud or sharp noises, concussions, or disturbing sounds associated with the operation of a manufacturing/industrial/commercial business.[2]

[2] Editor's Note: Former § 9.06, Gambling; lotteries; fraudulent devices and practices prohibited, of the 2005 Code, which immediately followed this section, was repealed 12-7-2021 by Ord. No. 2021-004. This ordinance also redesignated former §§ 9.07 through 9.30 as §§ 9.06 through 9.28, respectively.

§ 9.06 Loitering.

(1) Loitering or prowling. 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 peace officer, refuses to identify themselves or manifestly endeavors to conceal themselves or any object. Unless flight by the person or other circumstances makes it impracticable, a 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 them to identify themselves and explain their presence and conduct. No person shall be convicted of an offense under this subsection if the 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 peace officer at the time, would have dispelled the alarm.

[Amended 12-7-2021 by Ord. No. 2021-004]

(2) Obstruction of highway by loitering. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.

(3) Obstruction of traffic by loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossing or bridges, or in any other public places within the Town, in such manner as to prevent, interfere with or obstruct the ordinary free use of the public streets, sidewalks, street crossings and bridges or other public places by persons passing along and over the same.

(4) Loitering after being requested to move. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks or adjacent doorways or entrances, street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant, after being requested to move by any police officer or by any person in authority at such places.

§ 9.07 Destruction of property.

No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the Town or its departments or any private person without the consent of the owner or proper authority.

§ 9.08 Littering.

[Amended 10-1-2001]

(1) Waste. No person, business or corporation shall throw any glass, cans, garbage, rubbish, waste, slop, dirty water, noxious liquid or other litter or unwholesome substance (hereafter referred to as "waste"), upon the streets, alleys, sidewalks, highways, public parks or other property of the Town or upon any private property not owned by him or upon the surface of any body of water within the Town.

(2) Yard waste. No person, business or corporation shall cause grass, leaves or any form of yard waste (hereafter referred to as "yard waste") to enter upon public property or in any public body of water within the Town if the grass, leaves or yard waste would create a hazardous condition to the general or motoring public.

(3) Debris. No person, business or corporation shall operate, park or store a motor vehicle so as to cause mud, dirt, stones, or vehicle fluids or lubricants (hereafter referred to as "debris") to become deposited upon public property or in any public body of water within the Town.

(4) Public nuisance declared. The depositing of waste, yard waste or debris on said public property or in any public body of water within the Town is hereby declared a nuisance.

(5) Enforcement. The Town of Brookfield Police Department on behalf of the Director of Public Works or designee shall be empowered to issue citations for this violation.

[Amended 12-7-2021 by Ord. No. 2021-004]

(a) Penalty. In addition to the penalty provided under § 25.04 of this Code, any person, business or corporation violating Subsections (1), (2) or (3) shall be responsible to clean or remove the waste, yard waste or debris from public property or any public body of water within the Town.

(b) Special charges. In addition to the penalties provided for in the violation of this chapter, the Town of Brookfield may remove any waste, yard waste or debris deposited on the aforementioned public property or public body of water. Any cost incurred by the Town in order to remove the materials shall be deemed a special charge for current services. If not paid within 30 days of being invoiced, the special charge, together with interest calculated at the rate of 1 1/2% per month from the date of the invoice, shall be a lien upon the property from which the waste, yard waste or debris emanated. Said special charge shall be included in the current, or next, tax roll for collection and settlement in accordance with the provisions of Wis. Stats. Ch. 74.

(6) Appeal. The issuance of an invoice shall be deemed notice to the property owner of the special charge in accordance with the provisions of Wis. Stat. § 66.0627. Any property owner may, within 30 days of the date of the invoice, appeal the special charge to the Town Board by providing written notice of any objection to the special charge. The Town Board, upon receipt of such a special charge, shall place the objection on the Town Board agenda for review and consideration. Notice of the Town Board meeting shall be provided to the party objecting to the special charge. The Town Board shall, after hearing the objection, either affirm, affirm in part, or rescind the special charge. The decision of the Town Board shall be final.

§ 9.09 Harboring certain animals.

See § 12.07(4) of this Code of Ordinances.

§ 9.10 Open cisterns, wells, basements, or other dangerous excavations.

No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations, or other dangerous openings. All such places shall be filled, securely covered, or fenced in such manner as to prevent injury to any person and any cover shall be of a design, size, and weight that the same cannot be removed by small children. Any violation of this section is a public nuisance and may be disposed of in accordance with Ch. 823, Wis. Stats.

§ 9.11 Abandoned or unattended appliances.

[Amended 12-7-2021 by Ord. No. 2021-004]

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

§ 9.12 Curfew.

(1) Hours.

(a) Specified. No person under the age of 17 years shall loiter, idle or remain upon any street, alley or other public place in the Town between 11:00 p.m. and 6:00 a.m. the next day unless such child is accompanied by their parent, guardian or other adult person having legal custody of such child.

[Amended 12-7-2021 by Ord. No. 2021-004]

(b) Exceptions.

1. This section shall not apply to a child:

a. Who is performing an errand as directed by their parent, guardian, or person having lawful custody.

[Amended 12-7-2021 by Ord. No. 2021-004]

b. Who is performing an errand of urgent necessity.

c. Who is on their own premises or in the areas immediately adjacent thereto.

[Amended 12-7-2021 by Ord. No. 2021-004

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

e. Who is returning home from a supervised school, church, or civic function or going to or from places of business or amusements.

[Amended 12-7-2021 by Ord. No. 2021-004]

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

(2) Parental violation. No parent, guardian or other person having legal custody of a child under the age of 17 years shall permit such child to loiter, idle or remain upon any street, alley or other public place in the Town between 11:00 p.m. and 6:00 a.m. the next day, unless such child is accompanied by their parent, guardian or other adult person having legal custody of such child.

[Amended 12-7-2021 by Ord. No. 2021-004]

(3) Responsibility of operators of hotels, motels, and rooming houses. No person operating a hotel, motel or lodging or rooming house within the Town, or any agent, servant or employee of such person, shall permit any child under the age of 17 years to visit, idle, wander or stroll in any portion of such hotel, motel or lodging or rooming house between 11:00 p.m. and 6:00 a.m. the next day unless such child is accompanied by their parent, guardian or other adult person having legal custody of such child.

[Amended 12-7-2021 by Ord. No. 2021-004]

(4) Loitering in school and playground areas. No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand, or play in any school building, or in or about any playground area adjacent thereto within the Town between 8:00 a.m. and 4:00 p.m. on official school days.

(5) Detaining a child. A child believed to be violating the provisions of this section may be taken to the Police Department for proper identification. Any law enforcement officer on duty may detain any child violating Subsection (1), (3) or (4) until such time as the parent, guardian or other adult person having legal custody of the child has been immediately notified and the person so notified has, as soon as reasonably possible thereafter, reported to the Police Department or the scene for the purpose of taking the child into custody. The child may also be released from the police department or the scene to another responsible adult with permission from the parent, guardian or other adult person having legal custody.

(6) Warning. The first time a child is detained by law enforcement officers as provided in Subsection (5), the parent, guardian or person having legal custody shall be advised as to the provisions of this section; and any violation of this section occurring thereafter by this child or any other child under such adult's care or custody shall result in a penalty being imposed as provided in Subsection (7).

(7) General penalty.

(a) Any parent, guardian, or person having legal custody of a child described in Subsections (1), (3), or (4) who has been warned in the manner provided in Subsection (6), and who thereafter violates any of the provisions of this section, shall be subject to a penalty as provided in § 25.04 of this Code.

(b) Any child who violates this section after being detained and released under Subsection (5) shall be subject to a penalty as provided in § 25.04 of this Code.

§ 9.13 Political signs.

[Amended 12-7-2021 by Ord. No. 2021-004]

Political signs may be erected, installed or placed on any property within the Town, provided the erection, installation and placement of such signs is done with the approval of the owner or occupant of such property as provided in § 86.19, Wis. Stats., no political sign shall be erected, installed or placed within the right-of-way of any public street or highway within the Town and such signs shall not be attached or fixed to any utility pole, tree or other structure within the right-of-way line of any public street within the Town. Any political sign erected, installed, or placed within the right-of-way of any public street or highway within the Town shall be summarily removed by the Town staff.

§ 9.14 Residential picketing.

(1) Declaration. It is declared that:

(a) The protection and preservation of the home is the keystone of democratic government and the public health, welfare and good order of the community require that members of the community enjoy in their homes and dwellings a feeling of well-being, tranquility and privacy and, when absent from their homes and dwellings, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes and dwellings.

(b) The practice of picketing before or about residences and dwellings causes emotional disturbance and distress to the occupants, obstructs and interferes with free use of public sidewalks and public ways of travel and such practice has as its object the harassing of such occupants.

(c) Without resort to such practice, full opportunity exists, and under the terms and provisions of this chapter will continue to exist, for the exercise of freedom of speech and other constitutional rights.

(d) The provisions enacted by this section are necessary for the public interest to avoid such detrimental results set forth above and are enacted by the Town Board under the provisions of § 61.34(1), Wis. Stats., which statute gives powers to a Village Board to enact these regulations, which powers are available to the Town Board under the Village Board powers assumed by the Town Board under § 60.10(2)(c), Wis. Stats.

(2) Picketing residence or dwelling prohibited. No person shall engage in picketing before or about the residence or dwelling of any individual in the Town.

§ 9.15 Public drinking.

[Amended 12-7-2021 by Ord. No. 2021-004]

No person shall consume or have in their possession open containers of intoxicants of fermented malt beverages or intoxicating liquor in or upon any public thoroughfare except with a permit issued by the Town. By "thoroughfare," this section shall be construed to include any public road, street, alley, highway, freeway, interstate, county trunk highway, public right-of-way, or parking lot, whether public or private, normally held out for use by the public.

§ 9.16 Feeding of wild geese and ducks.

[Amended 12-7-2021 by Ord. No. 2021-004]

No person shall feed any wild geese or ducks in the Town of Brookfield.

§ 9.17 Private alarm systems and emergency services calls.

[Amended 10-6-2015]

(1) Unlawful use of statewide emergency services number.

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

EMERGENCY

A situation for which an immediate response by public safety personnel is essential due to the possibility or actual occurrence of property damage or loss, death or bodily harm, including a potentially life-threatening illness or condition and/or any other situation which reasonably requires the immediate response of public safety personnel.

STATEWIDE EMERGENCY SERVICES NUMBER

The "911" emergency number system described in Wis. Stats. § 256.35.

(b) Prohibited use of statewide emergency services number. No person shall use the statewide emergency services number for any purpose other than to report an emergency.

(c) Intentional misuse. Any person who intentionally dials the statewide emergency services number to report an emergency, knowing that the fact situation which he or she reports does not exist, shall, upon conviction, be subject to penalties set forth in § 25.04 of this Code.

(d) Repeated inadvertent or mistaken misuse.

1. No person shall, by mistake, inadvertence or otherwise, make continual and/or repeated calls to the statewide emergency services number when attempting to make a nonemergency call, including, but not limited to, mistakes in dialing country codes and the use of "outside line" prefix numbers.

2. Where violations of this subsection stem from calls made to the statewide emergency services number which are placed from a business or other location that has multiple phone lines servicing the location, the business owner and/or the listed owner of the offending telephone number shall be liable for violations of this subsection.

3. Penalty for repeated inadvertent or mistaken misuse.

a. First three violations: For the first three violations of this subsection within one calendar year, the person, business owner and/or listed owner of the offending telephone number shall be issued a warning by the Town of Brookfield Police Department.

b. Fourth and succeeding violations: For the fourth and each succeeding violation(s) of this subsection within one calendar year, the person, business owner and/or listed owner of the offending telephone number shall, upon conviction, be subject to penalties set forth in § 25.04 of this Code.

(e) Responsibility of parents and/or guardians. No parent, guardian or other adult person having the care and custody of a person under the age of 18 shall allow or by insufficient control allow such minor to violate this section. In the event a minor violates this section, the parent, guardian or other adult person having the care and custody of said minor shall be subject to forfeitures hereunder as if he or she were the actual violator.

(f) Separate violations. For the purposes of calculating violations under this section, each separate call to the statewide emergency services number shall constitute a separate violation.

(2) Private alarm systems.

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

ALARM SYSTEM

Any electrical or mechanical device for the detection of an unauthorized entry on premises or for alerting others of the commission of an unlawful act or both or for the detection of a fire and when activated, emits a sound or transmits a signal, message or both.

FALSE ALARM

A signal from an alarm system which results in a call direct or indirect to the Town Police Department or the Waukesha County Communication Center serving the Town and resulting in a response by the Town Police Department when actual emergency does not exist.

[Amended 12-7-2021 by Ord. No. 2021-004]

PERSON

Any individual, partnership, corporation or other entity.

PRIVATE ALARM SYSTEM

Any alarm not owned or leased by the Town.

(b) Prohibitions.

1. False alarm. No person owning, leasing, using, or possessing a private alarm system shall by means of the alarm system give a false alarm.

2. Defense. The fact that the false alarm was accidentally caused by human error or by electrical or mechanical malfunction shall not be a defense to this section.

(c) Penalty.

1. First three violations. For the first three violations of this section within one calendar year, the person in violation shall be issued a warning by a Town police officer.

2. Fourth and succeeding violations. For the fourth and succeeding violations of this section within one calendar year, the person in violation shall, upon conviction, be subject to penalties set forth in § 25.04 of this Code.

3. When a property owned by a person who has violated this section is sold to another person, the first violation thereafter shall be treated as an initial violation and penalized accordingly.

§ 9.18 Drug paraphernalia.

[Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

(1) Definitions. For the purposes of this section, the term "drug paraphernalia" shall have the meaning given in § 961.571, Wis. Stats.

(2) Prohibited activities.

(a) Possession of drug paraphernalia. No person shall use or possess with 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 in violation of Ch. 961, Wis. Stats.

(b) Manufacture, sale or delivery of drug paraphernalia. No person shall sell, deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing that it will be 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 in violation of Ch. 961, Wis. Stats.

(c) Delivery of drug paraphernalia to a minor. Any person 18 years of age or over who violates Subsection (2)(b) by delivering drug paraphernalia to a person under 18 years of age is guilty of a special offense.

(d) Advertisement of drug paraphernalia. No person may place in any newspaper, magazine, handbill or other publication or upon any outdoor billboard or sign, any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.

(e) Exemption. This subsection does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies, and other persons whose conduct is in accordance with Ch. 961, Wis. Stats. This section does not prohibit the possession, manufacture, or use of hypodermics in accordance with Ch. 961, Wis. Stats.

(3) Penalties.

(a) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Town.

(b) Any person who violates Subsection (2)(a) through (d) shall, upon conviction thereof, be subject to the penalties provided in Ch. 961, Wis. Stats.

§ 9.19 Garbage, rubbish and recyclable material collection.

(1) Purpose. This section is to require the removal of garbage, rubbish, and recyclable materials from all properties within the Town and to provide for the collection thereof. The accumulation of garbage and rubbish is a public nuisance and utilization of limited landfill sites for recyclable materials is contrary to the public interest.

(2) Special charge. Under § 66.0405, Wis. Stats., the Town Board shall, from time to time, by motion or resolution, establish a special charge for collection of garbage, rubbish, and recyclable materials, which shall apply to all improved residential properties. All classes of properties other than residential properties shall contract separately for the removal and disposal of garbage, rubbish, and recyclable materials. This section shall apply to residential units included in a building containing a nonresidential use, but not as to those portions of a building that are devoted to nonresidential uses. Each unit of condominium shall be considered a single residential unit for the purposes of this section.

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

GARBAGE

Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food.

[Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

RECYCLABLE MATERIALS

Material waste for which there exists a commercially demonstrated processing and manufacturing technology, which uses the material as a raw material. This term shall include the nature and extent of recyclable materials as that term may be defined in any contract entered into between the Town and a private waste hauler.

RUBBISH

Useless solid wastes consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

(4) Time and manner of placing containers. Refuse and recycling containers shall be placed at the point of collection by the owner, tenant, lessee or occupant of the premises not more than 24 hours preceding the normal collection day and shall be removed therefrom, in the case of curbside collection, not more than 12 hours after collection. The person so placing the containers shall make him or herself familiar with the collection schedule and place and remove the containers so that a neat and orderly appearance will be maintained. He shall keep the containers out of the traveled portion of the street or alley and prevent the contents from spilling.

(5) Recycling program. Effective as of April 1, 1992, recyclable materials, as that term is defined in this section, shall be separated from garbage and rubbish to reduce the amount of solid waste to be disposed of and at the same time, reduce the financial burden of solid waste disposal. Recyclable materials will be separated into designated containers and placed at the point of collection by residents for collection by an authorized agent of the Town. The designated recycling containers shall be purchased by the Town and shall remain the property of the Town. The property owner, at the expense of the property owner shall replace containers, which are lost, damaged, or removed from the property. The Town Board shall establish the cost of such replacement from time to time. The Town will bill the property owner for the cost of the replacement of the containers and if the property owner fails to pay the bill, the cost thereof shall be placed on the property tax roll.

(6) Ownership of recyclable materials. From and after the time of placement of recyclable materials at the curb for collection, items shall become the property of the Town or its authorized hauling agent. No person shall collect or cause to be collected any such items during the period commencing 24 hours preceding a day designated for collection of recyclable materials.

(7) Restrictions on items included in garbage and rubbish collection. No person shall place in any container designated for garbage or rubbish collection or in any container designated for placement of recyclable materials, any building materials, board lumber, carpet, auto parts, tires, automotive batteries, waste oil, landscape timbers, piers, rocks, dirt, concrete, drywall, plaster, siding, windows, doors, cabinets, sinks, bath tubs, toilet bowls, basins, etc., any hazardous or toxic materials as defined in the State of Wisconsin, Department of Natural Resources regulation § NR 661.0003, or any yard waste, leaves, grass clippings or branches.

[Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

§ 9.20 Park closing hours.

(1) All Town parks shall be closed to the public between 10:00 p.m. and 5:00 a.m.

(a) Persons found in the park or its roadways during the above closed period shall be considered violators.

(b) Special permission to enter a park during the above hours may be granted by the Chief of Police where ingress and egress for property adjoining the park is necessary. Use of a Town park after closing hours may be granted only upon application to the Town Board for a special park use permit.

§ 9.21 Snowmobiles.

The restrictions and prohibitions concerning the operation of snowmobiles found in § 350.02, Wis. Stats., are hereby adopted by reference and made a part of this section with the same force and effect as if fully set forth herein. For the purpose of this section, the definitions of words and phrases contained in Ch. 350, Wis. Stats., are hereby adopted and by reference made a part hereof with the same force and effect as if fully set forth herein.

§ 9.22 Operation and regulation of off-road recreational vehicles.

[Amended 11-5-2008; at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

(1) Definitions. Whenever any of the following terms are used in this section, such terms shall be deemed and construed to have the meaning ascribed to them as follows:

OFF-ROAD VEHICLE

A motorized vehicle, including but not limited to a dirt bike, minibike, trail bike, ATV or UTV, designed especially to operate and intended for operation off public roads.

OPERATE

The exercise of physical control over the speed or direction of or to physically manipulate or activate any of the controls of an off-road vehicle necessary to put it in motion.

OPERATION

The exercise of physical control over or physical manipulation or activation of any of the controls of an off-road vehicle necessary to put it in motion.

(2) Restrictions. No person shall operate an off-road vehicle as follows:

(a) In a manner that violates the laws of the State of Wisconsin or the ordinances of the Town of Brookfield.

(b) On any private property without obtaining written permission of the property owner, written permission to be carried on the person of the operator. Immediate members of the owner's family are exempt from this requirement.

(c) Between the hours of 6:00 p.m. and 8:00 a.m., Monday through Friday.

(d) At any time on Saturdays, Sundays, and legal holidays.

(e) On the shoulders or in the drainage ditches of public streets and highways.

(f) In excess of 25 miles per hour, provided that a licensed vehicle operated by a licensed driver and authorized by the laws of the State of Wisconsin to be operated on any public road, street, alley, highway, freeway, interstate, Town trunk highway, or public right-of-way, may be operated at the posted speed limit.

(g) In any careless way so as to endanger the operator, any other person, or any property of another.

(h) With more than one passenger.

(i) Without protective head gear.

(j) Without a functioning or sufficient muffler.

(k) On a public street or highway unless the driver has an operator's license and the vehicle is licensed by and meets the equipment requirements of the State of Wisconsin.

(l) Who is under 12 years of age.

(m) So as to race the engine or otherwise cause unnecessary or unusual noise which annoys, disturbs, injures, or endangers the comfort, health, peace, or safety of others, or which results in a loss of the privacy, quietude, and serenity to which the owners and users of land are rightfully entitled.

(n) So as to cause the unnecessary or unusual circulation of dust or dirt particles which annoys, disturbs, injures, or endangers the comfort, health, peace, or safety of others, or which results in a loss of the privacy, quietude, and serenity to which the owners and users of land are rightfully entitled.

(o) In a Town park, except where designated by the Park and Recreation Department.

(p) Within 300 feet of a property zoned or used for residential purposes.

(q) If the engine size has a capacity of more than 90 CC.

§ 9.23 Pawnbrokers, secondhand article and jewelry dealers.

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

ARTICLE

Any of the following articles, except jewelry.

(a) Audio-visual equipment.

(b) Bicycles.

(c) China.

(d) Computers, printers, software and computer supplies.

(e) Computer toys and games.

(f) Coin collections.

(g) Crystal.

(h) Electronic equipment.

(i) Fur coats, fur clothing and other clothing.

(j) Ammunition, guns and knives.

(k) Microwave ovens.

(l) Office equipment.

(m) Pianos, organs, guitars and other musical instruments.

(n) Silverware and flatware.

(o) Small electrical appliances.

(p) Telephones.

(q) Other tangible personal property.

CHARITABLE ORGANIZATIONS

A corporation, trust or community chest, fund or foundation, organized and operated exclusively for religious, charitable, scientific, literary or educational purposes or for the prevention of cruelty of children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual.

CUSTOMER

A person with whom a pawnbroker, secondhand article dealer or secondhand jewelry dealer or an agent thereof engages in a transaction of purchase, sale receipt of exchange of any secondhand article or secondhand jewelry.

JEWELRY

Any tangible personal property ordinarily wearable on the person and consisting in whole or in part of any metal, mineral or gem customarily regarded as precious or semiprecious.

MUNICIPALITY

A city, village or Town.

PAWNBROKER

Any person who engages in the business of lending money on the deposit of pledge of any article or jewelry, or purchasing any article or jewelry with an expressed or implied agreement or understand to sell it back at a subsequent time at a stipulated price.

SECONDHAND

Owned by any person except a wholesaler, retailer, or secondhand article dealer or second hand jewelry dealer licensed under this section, immediately before the transaction at hand.

SECONDHAND ARTICLE DEALER

Any person who primarily engages in the business of purchasing or selling secondhand articles, except when engaging in any of the following:

(a) Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique sale, a convention or an auction.

(b) Any transaction entered into by a person while engaged in a business for which the person is licensed under Subsection (2) or (4) of this section or while engaged in the business of junk collector, junk dealer, auctioneer, or scrap processor as described in § 70.995(2)(x), Wisconsin Statute.

(c) Any transaction while operating as a charitable organization or conducting a sale the proceeds of which are donated to a charitable organization.

(d) Any transaction between a buyer of a new article and the person who sold the article when new which involves any of the following:

1. The return of the article.

2. The exchange of the article for a different, new article.

(e) Any transaction as a purchaser of a secondhand article from a charitable organization if the secondhand article was a gift to the charitable organization.

(f) Any transaction as a seller of a secondhand article which the person bought from a charitable organization if the secondhand article was a gift to the charitable organization.

(2) License for pawnbroker. No person may operate as a pawnbroker unless the person first obtains a pawnbroker's license under this section.

(3) License for secondhand article dealer.

(a) Except as provided in Subsection (3)(b), no person may operate as a secondhand article dealer unless the person first obtains a secondhand article dealer's license under this section.

(b) A person who operates as a secondhand article dealer only on premises or land owned by a person having a secondhand dealer mall or flea market license under Subsection (9) need not obtain a secondhand article dealer's license.

(4) License for second hand jewelry dealer. No person may operate as a secondhand jewelry dealer unless the person first obtains a secondhand jewelry dealer's license under this section.

(5) License application. A person wishing to operate as pawnbroker, secondhand article dealer or secondhand jewelry dealer in the Town shall apply to the Town Clerk for a license. The application shall include the following:

(a) The applicant's name, place, and date of birth and residence address.

(b) The names and addresses of the business and of the owner of the business premises.

(c) A statement as to whether the applicant has been convicted within the preceding five years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation in which the circumstances of the felony, misdemeanor or other offense substantially relate to the circumstances of the licensed activity and, if so, the nature and date of the offense and the penalty assessed.

(d) Whether the applicant is a natural person, corporation or partnership, and:

1. If the applicant is a corporation, the state where incorporated and the names and addresses of all officers and directors.

2. If the applicant is a partnership, the names and addresses of all partners.

3. The name of the manager or proprietor of the business.

4. Any other information that the county or municipal Clerk may reasonably require.

(6) Investigation of license applicant. The Police Department shall investigate each applicant for a pawnbroker's secondhand article dealer's or secondhand jewelry dealer's license to determine whether the applicant has been convicted within the preceding 10 years of a felony or within the preceding five years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation described under Subsection (5)(c) and, if so, the nature and date of the offense and the penalty assessed. The law enforcement agency shall furnish the information derived from that investigation in writing to the Town Clerk.

(7) License issuance.

(a) The Town Board shall grant the license if all of the following apply:

1. The applicant, including an individual, a partner or an officer, director or agent of any corporate applicant, has not been convicted within the preceding 10 years of a felony or within the preceding five years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation in which the circumstances of the felony, misdemeanor or other offense substantially relate to the circumstances of being a pawnbroker, secondhand jewelry dealer, secondhand article dealer or secondhand article dealer mall or flea market owner.

2. With respect to an applicant for a pawnbroker's license, the applicant provides to the governing body a bond of $500, with not less than two sureties for the observation of all municipal ordinances relating to pawnbrokers.

(b) No license issued under this subsection may be transferred.

(c) License validation dates as follows:

1. Each license for a pawnbroker, secondhand article dealer or secondhand jewelry dealer is valid from July 1 until the following June 30.

2. Each license for a secondhand article dealer mall or flea market is valid for two years, from May 1 of an odd-number year until April 30 of the next odd-number year.

(8) Pawnbroker and dealer requirements.

(a) Identification. No pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer without first securing adequate identification from the customer. At the time of the transaction, the pawnbroker, secondhand article dealer, or secondhand jewelry dealer shall require the customer to present one of the following types of identification:

1. A county identification card.

2. A state identification card.

3. A valid Wisconsin motor vehicle operator's license.

4. A valid motor vehicle operator's license, containing a picture, issued by another state.

5. A military identification card.

6. A valid passport.

7. An alien registration card.

8. A senior citizen's identification card containing a photograph.

9. Any identification document issued by a state or federal government, whether or not containing a picture, if the pawnbroker, secondhand article dealer, or secondhand jewelry dealer obtains a clear imprint of the customer's right index finger.

(b) Transactions with minors.

1. Except as provided in Subsection (8)(b)2, no pawnbroker, secondhand article dealer, or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from any minor.

2. A pawnbroker, secondhand article dealer, or secondhand jewelry dealer may engage in a transaction described under Subsection (8)(b)1 if his or her parent or guardian accompanies the minor at the time of the transaction or if the minor provides the pawnbroker, secondhand article dealer or secondhand jewelry dealer with the parent's or guardian's written consent to engage in the particular transaction.

(c) Records.

1. Except as provided in Subsection (8)(c)2, for each transaction or purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to complete and sign, in ink, the appropriate form provided under Subsection (12). No entry on such a form may be erased, mutilated, or changed. The pawnbroker, secondhand article dealer or secondhand jewelry dealer shall turn over the original within the 15 days of date of purchase or receipt to the Police Department. Same shall also retain a duplicate of the form for not less than one year after the date of the transaction, except as provided in Subsection (8)(e) and during that period shall make the duplicate available to any law enforcement officer for inspection at any reasonable time.

2. For every secondhand article purchased, received or exchanged by a secondhand article dealer from a customer off the secondhand article dealer's premises or consigned to the secondhand article dealer for sale on the secondhand article dealer's premises, the secondhand article dealer shall keep a written inventory. In this inventory the secondhand article dealer shall record the name and address of each customer, the date, time, and place of the transaction and a detailed description of the article which is the subject of the transaction. The customer shall sign his or her name on a declaration of ownership of the secondhand article identified in the inventory and shall state that he or she owns the secondhand article. The secondhand article dealer shall retain an original and a duplicate of each entry and declaration of ownership relating to the purchase, receipt or exchange of any secondhand article for not less than one year after the date of transaction except as provided in Subsection (8)(e), and shall make duplicates of the inventory and declarations of ownership available to any law enforcement officer for inspection at any reasonable time.

(d) Holding period.

1. Except as provided in Subsection (8)(d)5, any secondhand article or secondhand jewelry purchased or received by a pawnbroker shall be kept on the pawnbroker's premises or other place for safekeeping for not less then 30 days after the date of purchase or receipt, unless the person known by the pawnbroker to be the lawful owner of the secondhand article or secondhand jewelry recovers it.

2. Except as provided in Subsection (8)(d)5, any secondhand article purchased or received by a secondhand article dealer shall be kept on the secondhand article dealer's premises or other place for safekeeping for not less than 15 days after the date of purchase or receipt.

3. Except as provided in Subsection (8)(d)5, any secondhand jewelry purchased or received by a secondhand jewelry dealer shall be kept on the secondhand jewelry dealer's premises or other place for safekeeping for not less than 15 days after the date of purchase or receipt.

4. During the period set forth in Subsection (8)(d)1, 2 or 3 the secondhand article or secondhand jewelry shall be held separate and apart and may not be altered in any manner. The pawnbroker, secondhand article dealer, or secondhand jewelry dealer shall permit any law enforcement officer to inspect the secondhand article or secondhand jewelry during this period. Within 24 hours after a written request of a law enforcement officer during this period, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall make available for inspection any secondhand article or secondhand jewelry which is kept off the premises for safekeeping. Any law enforcement officer who has reason to believe any secondhand article or secondhand jewelry was not sold or exchanged by the lawful owner may direct a pawnbroker, secondhand article dealer or secondhand jewelry dealer to hold that secondhand article or secondhand jewelry for a reasonable length of time which the law enforcement officer considers necessary to identify it.

5. Subsections (8)(d)1 to 4 do not apply to a secondhand article or secondhand jewelry consigned to a pawnbroker, secondhand article dealer or secondhand jewelry dealer.

(e) Report to law enforcement agency.

[Amended 12-6-2011]

1. All secondhand dealers, secondhand jewelry dealers or pawnbrokers shall electronically report each article purchased or received after December 31, 2011, using a computer program approved by the Town of Brookfield Police Department. Such report shall occur no more then 24 hours after the article is purchased or received and shall contain a complete description as required in Subsection (8)(c)2.

2. If a secondhand article dealer, secondhand jewelry dealers or pawnbroker experiences a technical problem with its computer system making it unable to successfully transfer the required reports by computer, the secondhand article dealer, secondhand jewelry dealer, or pawnbroker must provide the Town of Brookfield Police Department with printed copies of all reportable transactions by 12:00 noon the next business day.

3. If a computer problem is determined to be in the computer system of the secondhand article dealer, secondhand jewelry dealer, or pawnbroker, and is not corrected by the close of the first business day following the failure, the secondhand article dealer, secondhand jewelry dealer, or pawnbroker must provide the required reports manually set forth in Subsection (8)(c)1 and 2 or be subject to a forfeiture in an amount as listed in the Schedule of Fees and Forfeitures, together with costs, until the error is corrected, or, if the problem is determined to be outside the secondhand article dealer, secondhand jewelry dealer, or pawnbroker's computer system, the secondhand article dealer, secondhand jewelry dealer, or pawnbroker must provide the required reports manually and then resubmit all such transactions via computer when the error is corrected.

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

4. Regardless of the cause or origin of the technical problem(s) that prevented the secondhand article dealer, secondhand jewelry dealer, or pawnbroker from uploading the reportable transactions, upon correction of the problem, the secondhand article, secondhand jewelry dealer, or pawnbroker shall upload every reportable transaction from every business day the problem has existed.

5. The Town of Brookfield Police Department may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting fee penalty set forth in Subsection (8)(e)3, above.

(f) Exception for customer return or exchange. Nothing in this subsection applies to the return or exchange, from a customer to a secondhand article dealer or secondhand jewelry dealer, of any secondhand article or secondhand jewelry purchased from the secondhand article dealer or second jewelry dealer.

(9) Secondhand article dealer mall or flea market.

(a) The owner of any premises or land upon which two or more persons operate as secondhand article dealers may obtain a secondhand article dealer mall or flea market license for the premises or land if the following conditions are met:

1. Each secondhand article dealer occupies a separate sales location and identifies himself or herself to the public as a separate secondhand article dealer.

2. The secondhand article dealer mall or flea market is operated under one name and at one address, and is under the control of the secondhand article dealer mall or flea market license holder.

3. All sales are completed at a central location under the control of the secondhand article dealer mall or flea market license holder, who maintains a record of all sales.

(b) The secondhand article dealer license holder and each secondhand article dealer operating upon the premises or land shall comply with Subsection (8).

(10) License revocation. A governing body of a county or municipality may revoke any license issued by it under this section for fraud, misrepresentation or false statement contained in the application for a license or for any violation of this section or §§ 943.34, 948.62, 948.63, or any applicable Wisconsin statutes.

(11) Fees. The license fees under this section are:

[Added 4-15-1997; amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

(a) For a pawnbroker's license: as listed in the Schedule of Fees and Forfeitures.

(b) For a secondhand article dealer's license: as listed in the Schedule of Fees and Forfeitures.

(c) For as secondhand jewelry dealer's license: as listed in the Schedule of Fees and Forfeitures.

(d) For a secondhand article dealer mall or flea market license: as listed in the Schedule of Fees and Forfeitures.

(12) Applications and forms. The Department of Justice shall develop applications and other forms required under Subsection (5), introductory paragraph, and Subsection (8)(c). The Department of Justice shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers, and secondhand jewelry dealers at no cost.

(13) Penalty.

[Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

(a) Upon conviction for a first offense under this section, a person shall forfeit an amount as listed in the Schedule of Fees and Forfeitures.

(b) Upon conviction for a second or subsequent offense under this section, a person shall forfeit an amount as listed in the Schedule of Fees and Forfeitures.

§ 9.24 Hotels, motels, inns and other transient lodging facilities; certain records.

(1) Register required. Every owner, keeper, proprietor or agent of any lodging house, rooming house, motel, hotel, inn or other transient lodging facility shall keep a register wherein all guests, roomers, or lodgers shall inscribe their names and permanent address upon procuring lodging, a room or accommodations. The owner, keeper, proprietor or agent shall also inscribe the room number occupied and the date and time of registration and checkout.

(2) Identification required. Said owner, keeper, proprietor or agent shall request identification of any guest, roomer or lodger paying in cash, at the time of registration. Such identification shall be in a valid and current form showing the person's name, date of birth, and may be, but is not limited to, a driver's license, state-issued picture identification card, or other such form as will reasonably assure that the registrant is, in fact, the person under whose name such lodging room or accommodation is being procured. A photocopy of such identification shall be maintained or the identifying information transposed onto the registration card or form. For any guest, roomer or lodger taking occupancy through a prearranged reservation in the name of a corporation, business, association or any other entity, the owner, keeper or proprietor shall request identification of the specific guest, roomer or lodger at the time of registration. Said documentation shall reasonably assure the identity of such person whom the lodging, room, or accommodations have been procured is correct. Said owner, keeper or proprietor shall verify the credit card signature of each guest, roomer or lodger making payment by way of credit card, with the signature inscribed upon the hotel register.

(3) Misrepresentation of identification prohibited. No person may knowingly procure or provide lodging from a rooming house, hotel, motel, inn or other transient lodging facility, or any services therefrom, through misrepresentation or production of false identification, or identification which misrepresents the identity of the person procuring or sharing in such lodging or service. No person may knowingly give, or cause to be given, an incorrect name address, date of birth, or license plate number to any owner, keeper, proprietor or agent of any establishment required to maintain records under this section.

(4) Records requirements. Records required to be maintained in accordance with Subsections (1), (2) and (3) of this section, together with vehicle registration information, records of telephone calls and other billing records, when maintained by the establishment in the ordinary course of business, shall be provided to any officer of the Town of Brookfield Police Department upon demand and representation that a reasonable suspicion exists that such information is relevant to a then-pending inquiry or investigation. Nothing in this requirement shall be construed as giving any such officer greater right or license to enter a room or invade privacy than the officer shall otherwise possess.

(5) Records retained. Records required to be kept in accordance with this section shall be retained for one year after the date the last entry is recorded.

§ 9.25 Sex offender residency; child safety zones.

[Added 10-2-2007 by Ord. No. 07-10-01; amended 12-7-2021 by Ord. No. 2021-004; 11-6-2024 by Ord. No. 2024-03]

(1) Purpose. This chapter is a regulatory measure intended to protect the health and safety of children in Town of Brookfield from the risk that convicted sex offenders may reoffend in locations close to their residences. The Town 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, day-care centers and other places children frequent. The Town finds and declares that in addition to schools and day-care centers, children congregate or play at public parks.

(2) Definitions. As used in this chapter and unless the context otherwise requires:

PERSON

A person who is a sex offender or 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.

RESIDENCE (RESIDE)

The place where a person sleeps, abides, dwells, or uses as the primary location for basic life functions such as sleeping or eating, which may include more than one location, and may be mobile or transitory.

SEX OFFENDER

Any of the following:

(a) Any person who is required to register under Wis. Stats., § 301.45, for any offense against a child.

(b) Any person who is required to register under Wis. Stats., § 301.45, and who is subject to a special bulletin notification issued pursuant to Wis. Stats., § 301.46(2m).

(c) Any person committed to the State of Wisconsin Department of Health Services for specialized treatment pursuant to Wis. Stats., Ch. 975.

(d) Any person committed on lifetime supervision by the State of Wisconsin Department of Corrections pursuant to Wis. Stats., §§ 939.615 or 971.17(1j).

SEXUALLY VIOLENT OFFENSE

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

(3) Residency restrictions.

(a) A person shall not reside within 1,500 feet of the real property comprising any of the following:

1. Any facility for children (which means a public or private school, a group home, as defined in § 48.02(7), Wis. Stats., a residential care center for children and youth, as defined in § 48.02(15d), Wis. Stats., a shelter care facility, as defined in § 48.02(17), Wis. Stats., a foster home, as defined in § 48.02(6), Wis. Stats., a day-care center licensed under § 48.65, Wis. Stats., a day care program established under § 120.13(14), Wis. Stats., a day care provider certified under § 48.651, Wis. Stats., or a youth center, as defined in § 961.01(22), Wis. Stats.; and/or

2. Any facility used for:

a. A public park, parkway, parkland, park facility;

b. A public swimming pool;

c. A public library;

d. A recreational trail;

e. A public playground;

f. A school for children;

g. Athletic fields used by children;

h. A movie theatre;

i. A day-care center;

j. The Eble Park Complex and grounds;

k. Any specialized school for children, including, but not limited to a gymnastics academy, dance academy or music school;

l. A public or private golf course or range; and

m. Aquatic facilities open to the public;

n. A private recreational facility designed or operated for the purpose of providing recreational activities primarily for children under 12 years of age.

(b) The distance shall be measured from the closest boundary line of the real property supporting the residence of a person to the closest real property boundary line of the applicable above enumerated use(s).

(c) A map depicting the above enumerated uses and the resulting residency restriction distances, as amended from, time to time, shall be approved by resolution adopted by the Town Board, and shall be maintained on file in the Office of the Town Clerk for public inspection. In determining the residency restriction distances, the Town Board may include those enumerated uses located outside the Town boundaries, but within 1,500 feet of the Town boundary.

(4) Residency restriction exceptions. A person residing within 1,500 feet of the real property comprising any of the uses enumerated in Subsection (3) above, does not commit a violation of this chapter if any of the following apply:

(a) The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.

(b) The person has established a residence prior to the effective date of this chapter, which is within 1,500 feet of any of the uses enumerated in Subsection (3) above, or such enumerated use is newly established after such effective date and it is located within such 1,500 feet of a residence of a person which was established prior to the effective date of this chapter.

(c) The person is a minor or ward under guardianship.

(5) Original domicile restriction. In addition to and notwithstanding the foregoing, but subject to Subsection (4) above, no person who is a sex offender or has been convicted of a sexually violent offense shall be permitted to reside in the Town of Brookfield. A person does not violate this section if the person was domiciled in the Town of Brookfield at the time of the offense that resulted in the person being convicted of a sexually violent offense and/or becoming a sex offender.

(6) Child safety zones.

(a) No person shall enter or be present upon any real property upon which there exists any facility in the Town used for or which supports a use of:

1. A public park, parkway, parkland, park facility;

2. A public swimming pool;

3. A public library;

4. A recreational trail;

5. A public playground;

6. A school for children;

7. Athletic fields used by children;

8. A movie theatre;

9. A day-care center;

10. The Eble Park Complex and grounds;

11. Any specialized school for children, including, but not limited to a gymnastics academy, dance academy or music school;

12. A public or private golf course or range;

13. Aquatic facilities open to the public; and

14. A private recreational facility designed or operated for the purpose of providing recreational activities primarily for children under 12 years of age.

15. Any facility for children (which means a public or private school, a group home, as defined in § 48.02(7), Wis. Stats., a residential care center for children and youth, as defined in § 48.02(15d), Wis. Stats., a shelter care facility, as defined in § 48.02(17), Wis. Stats., a foster home, as defined in § 48.02(6), Wis. Stats., a day-care center licensed under § 48.65, Wis. Stats., a day care program established under § 120.13(14), Wis. Stats., a day care provider certified under § 48.651, Wis. Stats., or a youth center, as defined in § 961.01(22), Wis. Stats.

(b) A map depicting the locations of the real property in the Town of Brookfield supporting the above enumerated uses, as amended from time to time, shall be approved by resolution adopted by the Town Board, and shall be maintained on file in the Office of the Town Clerk for public inspection.

(7) Child safety zone exceptions. A person does not commit a violation of Subsection (6) above and the enumerated uses may allow such person on the property supporting such use if any of the following apply:

(a) The property supporting an enumerated use under Subsection (6) also supports a church, synagogue, mosque, temple or other house of religious worship (collectively "church"), subject to the following conditions:

1. Entrance and presence upon the property occurs only doing hours of worship or other religious program/service as posted to the public; and

2. Written advance notice is made from the person to an individual in charge of the church and approval from an individual in charge of the church as designated by the church is made in return, of the attendance by the person; and

3. The person shall not participate in any religious education programs which include individuals under the age of 18.

(b) The property supporting an enumerated use under Subsection (6) also supports a use lawfully attended by a person's natural or adopted child(ren), which child's use reasonably requires the attendance of the person as the child's parent upon the property, subject to the following conditions:

1. Entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public; and

2. Written advance notice is made from the person to an individual in charge of the use upon the property and approval from an individual in charge of the use upon the property as designated by the owner of the use upon the property is made in return, of the attendance by the person.

(c) The property supporting an enumerated use under Subsection (6) also supports a polling location in a local, state or federal election, subject to the following conditions:

1. The person is eligible to vote;

2. The designated polling place for the person is an enumerated use; and

3. The person enters the polling place property, proceeds to cast a ballot with whatever usual and customary assistance is provided to any member of the electorate; and the person vacates the property immediately after voting.

(d) The property supporting an enumerated use under Subsection (6) also supports an elementary or secondary school lawfully attended by a person as a student, under which circumstances the person who is a student may enter upon that property supporting the school at which the person is enrolled, as is reasonably required for the educational purposes of the school.

(8) Violations. If a person violates Subsection (3), above, by establishing a residence or occupying residential premises within 1,500 feet of those premises as described therein, without any exception(s) as also set forth above, the Town Attorney, upon referral from the Chief of Police and the written determination by the Chief of Police that upon all of the facts and circumstances and the purpose of this chapter, such residence occupancy presents an activity or use of property that interferes substantially with the comfortable enjoyment of life, health, safety of another or others, shall bring an action in the name of the Town in the Circuit Court for Waukesha County to permanently enjoin such residency as a public nuisance. If a person violates Subsection (6) above, in addition to the aforesaid injunctive relief, such person shall be subject to the general penalty provisions set forth under § 25.04 of this Code. Each day a violation continues shall constitute a separate offense. In addition, the Town may undertake all other legal and equitable remedies to prevent or remove a violation of this chapter.

§ 9.26 Cigarettes or tobacco products, possession by minors.

[Added 7-18-1995]

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

CIGARETTE

Has the meaning given in § 139.30(1m), Wis. State Stats.

DISTRIBUTOR

A person specified under §§ 139.30(3) or 139.75(4), Wis. State Stats.

IDENTIFICATION CARD

A license containing the photograph issued under Chapter 343, Wis. Stats., an identification card issued under § 343.50, Wis. Stats.

[Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

JOBBER

Has the meaning given in § 139.30(6), Wis. Stats.

LAW ENFORCEMENT OFFICER

Has the meaning given in § 30.50(4s), Wis. Stats.

MANUFACTURER

Any person specified under § 139.30(7) or § 139.75(5), Wis. Stats.

PLACE OF BUSINESS

Any place where cigarettes or tobacco products are sold, manufactured, or stored for the purpose of sale or consumption, including any vessel, vehicle, airplane, train or vending machine.

RETAILER

Any person licensed under § 134.65(1), Wis. Stats.

SCHOOL

Has the meaning given in § 118.257(1)(d), Wis. Stats.

SUBJOBBER

Has the meaning given in § 139.75(11), Wis. Stats.

TOBACCO PRODUCTS

Has the meaning given in § 139.75(12), Wis. Stats.

VENDING MACHINE

Has the meaning given in § 139.30(14), Wis. Stats.

VENDING MACHINE OPERATOR

Has the meaning given in § 139.30(15), Wis. Stats.

(2) Restrictions.

(a) Except as provided in Subsection (3), no person under the age of 18 may buy or attempt to buy any cigarettes or tobacco products, falsely represent his or her age for the purpose of receiving any cigarette or tobacco product, or possess any cigarette or tobacco product.

(b) Except as provided in Subsection (2)(c), no retailer may sell or give cigarettes or tobacco products to any person under the age of 18.

(c) A vending machine operator is not liable under this section for the purchase of cigarettes or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.

(d) A retailer shall put a sign in areas within his or her premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under this chapter or comparable state law.

(e) No person may place a vending machine within 500 feet of a school.

(f) No manufacturer, distributor, jobber, subjobber or retailer, or their employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.

(g) A child may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under § 134.65(1), Wis. Stats.

(3) Proof of all the following facts by a retailer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of Subsection (2)(b) above:

(a) That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card; and

(b) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18; and

(c) That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18.

(4) Seizure of cigarette or tobacco products. A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of this chapter committed in his or her presence.

(5) Penalty.

(a) Any person under the age of 18 who shall violate the provisions of this chapter shall, upon conviction, be subject to a forfeiture in an amount as listed in the Schedule of Fees and Forfeitures.

[Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

(b) Any person under the age of 18 who violates any provision of this chapter may, upon conviction, at the sole discretion of the court, be offered the opportunity to have the citation dismissed upon attendance in a tobacco use education program approved by the court. This opportunity will be available at the sole discretion of the court, irrespective of the number of citations any individual receives.

(c) No citation may be issued for violation of a minor having possession of any cigarette or tobacco product unless personally observed by the issuing officer.

(d) Any person who shall violate Subsection (2)(b) of this section shall upon conviction forfeit an amount as listed in the Schedule of Fees and Forfeitures.

[Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

§ 9.27 Use of skateboards and in-line skating.

[Added 5-2-2017]

(1) Definitions. For the purposes of this chapter the following definitions shall apply:

IN-LINE SKATES

Skates with wheels arranged singly in a tandem line rather than in pairs.

SKATEBOARD

A board mounted on roller skate wheels.

(2) The use of skateboards and in-line skates shall be prohibited in the following locations:

(a) All property owned by or under the control of the Town of Brookfield, Town of Brookfield - Sanitary District No. 4, and Town of Brookfield Community Development and Redevelopment Authority.

[Amended 11-1-2022]

(b) All private roads and streets which are open to the general public for motor vehicle traffic and parking. As used in this section the term "private roads and streets" include all sidewalks or impervious surfaces used for pedestrian traffic which are adjacent to the private street or road.

(c) All parking lots or parking areas which are used for employee or customer parking, or such parking lot or parking areas located in any area zoned or used for commercial or retail business activities.

§ 9.28 Violations and penalties.

(1) General. Except as otherwise provided in this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 25.04 of this Code of Ordinances and in the amount as listed in the Schedule of Fees and Forfeitures.

[Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

(2) Damages. In addition to any penalty imposed for violation of this chapter, any person who shall cause physical damage or destroy any public property shall be liable for costs of replacing or repairing such damages or destroyed property. The parent or parents of any unemancipated minor child who violates § 9.07 of this chapter, may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.

§ 9.29 Sprinkling restricted.

[Added at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

(1) The use of the municipal water system providing service to residents and businesses within the Town of Brookfield for the purpose of sprinkling or watering lawns, gardens, shrubs or trees within the confines of the Town of Brookfield shall be restricted on a year-round basis as follows:

(a) Odd-numbered property addresses are permitted to sprinkle only on odd-numbered days of the month and only between 6:00 p.m. and 8:00 a.m. Odd-numbered day is determined by whatever day of the month it is at 6:00 p.m. and carries through to 8:00 a.m. the following day.

(b) Even-numbered property addresses are permitted to sprinkle only on even-numbered days of the month and only between 6:00 p.m. and 8:00 a.m. Even-numbered day is determined by whatever day of the month it is at 6:00 p.m. and carries through to 8:00 a.m. the following day.

(2) Total ban on outdoor water use. The use of the municipal water system providing service to residents and businesses within the Town of Brookfield for outdoor purpose, including sprinkling or watering lawns, gardens, shrubs or trees; the washing of cars; the filling of swimming pools; and any other outdoor use within the confines of the Town of Brookfield shall, from time to time, as deemed necessary, be totally prohibited. Should a total ban on outdoor municipal water use be deemed necessary by Sanitary District No. 4 - Town of Brookfield, notification to the residents and businesses in the Town of Brookfield shall be published in the Town's official newspaper. The television and radio media, as well, shall be notified as to the urgent measure being taken. A total ban takes precedence over Subsection (1) of this section.

(3) Exemption for private wells. Properties that are connected to the municipal water system but also retain the use of a private well on the premises are bound by this section for the use of the municipal water but are not bound by this section for the use of the private well for outside use of water. The property owner must register with Sanitary District No. 4 -Town of Brookfield, establishing proof thereof that a private well existing on said property is being used for the purpose of outside water use. That information shall be incorporated into a master map to be used in the enforcement of this section.

§ 9.30 Synthetic chemical cannabinoids.

[Added at time of adoption of Code (see Ch. 25, General Provisions, Art. II)]

(1) Definitions.

DELIVER

Shall have the same meaning given in § 961.01(6), Wis. Stats., with respect to a controlled substance or controlled substance analogue.

DISTRIBUTE

Shall have the same meaning given in § 961.01(9), Wis. Stats., with respect to a controlled substance or controlled substance analogue.

(2) Prohibited sales, use and possession. It shall be illegal for any person to possess, sell, publicly display for sale or attempt to sell, give, deliver, distribute or barter any one or more of the following chemicals, whether under the common street or trade names of "Spice," "K2," "Genie," "Yucatan Fire," "Blaze," "Red X Dawn," "Zohia," "Spike Diamond," "Route 69," "Smoke XXXX," "Citron," "fake" or "new" marijuana, or by any other name, label or description:

(a) (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol - some trade or other names: HU-210;

(b) 1-Pentyl-3-(1-naphthoyl) indole - some trade or other names: JWH018\spice;

(c) 1-Butyl-3-(1naphthoyl) indole - some trade or other names: JWH-073;

(d) 1-(3{trifluoromethylphenyl}) piperazine - some trade or other names: TFMPP;

(e) 2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol – some trade or other names: CP 47, 497;

(f) 1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole - some trade or other names: JWH-200;

(g) 1-hexyl-3-(1-naphthoyl)indole - some trade or other names: JWH-019;

(h) 1-pentyl-3-(2-methoxyphenylacetyl)indole - some trade or other names: JWH-250;

(i) 1-pentyl-3-(4-chloro-1-naphthoyl)indole - some trade or other names: JWH-398;

(j) (2-methyl-1-propyl-1H-indol-3-yl)-1-naphthalenyl-methanone - or some trade or other names: JWH-015;

(k) Dexanabinol, (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2- methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol - or some trade or other names: HU-211; or

(l) Any similar structural analogues.

(3) Exception. The prohibitions set forth herein do not apply to any person who commits an act described in this section pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act.

(4) Penalties.

(a) Any person who shall sell, publicly display for sale or attempt to sell, give, deliver, distribute or barter any one or more of the chemicals as prohibited in Subsection (2) above shall, upon conviction, be subject to a forfeiture for each violation in an amount as listed in the Schedule of Fees and Forfeitures. Each day that a violation continues shall constitute a separate offense. The Town may also seek equitable relief to gain compliance.

(b) Any person who shall possess any one or more of the chemicals as prohibited in Subsection (2) above shall, upon conviction, be subject to a forfeiture in an amount as listed in the Schedule of Fees and Forfeitures.

§ 9.31 Smoking prohibited.

[Added 6-15-2010]

(1) State statutes adopted. The provisions of § 101.123, Wis. Stats., as amended by 2009 Wisconsin Act 12, relating to the prohibition of smoking in various enclosed places or other locations, are hereby adopted and by reference made a part of this Code as if fully set forth herein. Any act required to be performed or prohibited by said statute is required to be performed or prohibited by this Code. Any future amendments, revisions, or modifications of the current or future statutes incorporated herein are intended to be made part of this Code in order to secure uniform statewide regulation of smoking and to protect the health and comfort of the public.

(2) Warning notice for first violation. As prescribed by § 101.123(8)(dm), Wis. Stats., a warning notice shall be issued to the person in charge, as defined by § 101.123(1)(d), Wis. Stats., for the first violation.

(3) Penalties. Except as otherwise provided, any violation of the provisions of this § 9.31 of this Code relating to the prohibition of smoking in various enclosed places shall be subject to a forfeiture of not less than $100 nor more than $250 for each violation, except that a forfeiture for a person in charge shall not exceed $100 per day.