[HISTORY: Adopted by the Town Board of the Town of Brookfield.
Amendments noted where applicable.]
(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.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(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)
BUILDING
FIREARMS
Definitions. For purposes of this section:
Shall have the meaning given in § 29.038(3)(b)1.a,
Wis. Stats.
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 (8);
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.
[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.
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.
[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]
(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]
(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.
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.
[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.
See § 12.07(4) of this Code of Ordinances.
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.
[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.
(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.
[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.
(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.
[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.
[Amended 12-7-2021 by Ord. No. 2021-004]
No person shall feed any wild geese or ducks in the Town of
Brookfield.
[Amended 10-6-2015]
(1)
Unlawful use of statewide emergency services number.
(a)
EMERGENCY
STATEWIDE EMERGENCY SERVICES NUMBER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
(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)
ALARM SYSTEM
FALSE ALARM
PERSON
PRIVATE ALARM SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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]
Any individual, partnership, corporation or other entity.
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.
[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.
(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)
GARBAGE
RECYCLABLE MATERIALS
RUBBISH
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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)]
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.
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)]
(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.
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.
[Amended 11-5-2008; at
time of adoption of Code (see Ch. 25, General Provisions, Art. II)]
(1)
OFF-ROAD VEHICLE
OPERATE
OPERATION
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:
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.
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.
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.
(1)
ARTICLE
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
CHARITABLE ORGANIZATIONS
CUSTOMER
JEWELRY
MUNICIPALITY
PAWNBROKER
SECONDHAND
SECONDHAND ARTICLE DEALER
(a)
(b)
(c)
(d)
(e)
(f)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any of the following articles, except jewelry.
Audio-visual equipment.
Bicycles.
China.
Computers, printers, software and computer supplies.
Computer toys and games.
Coin collections.
Crystal.
Electronic equipment.
Fur coats, fur clothing and other clothing.
Ammunition, guns and knives.
Microwave ovens.
Office equipment.
Pianos, organs, guitars and other musical instruments.
Silverware and flatware.
Small electrical appliances.
Telephones.
Other tangible personal property.
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.
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.
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.
A city, village or Town.
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.
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.
Any person who primarily engages in the business of purchasing
or selling secondhand articles, except when engaging in any of the
following:
Any transaction at an occasional garage or yard sale, an estate
sale, a gun, knife, gem or antique sale, a convention or an auction.
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.
Any transaction while operating as a charitable organization
or conducting a sale the proceeds of which are donated to a charitable
organization.
Any transaction as a purchaser of a secondhand article from
a charitable organization if the secondhand article was a gift to
the charitable organization.
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.
(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.
[Added 10-2-2007 by Ord.
No. 07-10-01]
(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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
CRIME AGAINST CHILDREN
PERSON
RESIDENCE (RESIDE)
SEXUALLY VIOLENT OFFENSE
Definitions. As used in this chapter and unless the context otherwise
requires:
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,
respectively:
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§ 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
|
|
§ 944.01 Rape (prior statute)
|
|
§ 944.06 Incest
|
|
§ 944.10 Sexual intercourse with a child (prior statute)
|
|
§ 944.11 Indecent behavior with a child (prior statute)
|
|
§ 944.12 Enticing child for immoral purposes (prior
statute)
|
|
§ 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
|
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.
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
Shall have the meaning as set forth in Wis. Stat. § 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:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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 and no individual who has been convicted of a sexually violent offense and/or a crime against children, shall be permitted to reside in the Town of Brookfield, unless such person was domiciled in the Town of Brookfield 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.
(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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Added 7-18-1995]
(1)
CIGARETTE
DISTRIBUTOR
IDENTIFICATION CARD
JOBBER
LAW ENFORCEMENT OFFICER
MANUFACTURER
PLACE OF BUSINESS
RETAILER
SCHOOL
SUBJOBBER
TOBACCO PRODUCTS
VENDING MACHINE
VENDING MACHINE OPERATOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Has the meaning given in § 139.30(1m), Wis. State
Stats.
A person specified under §§ 139.30(3) or 139.75(4),
Wis. State Stats.
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)]
Has the meaning given in § 139.30(6), Wis. Stats.
Has the meaning given in § 30.50(4s), Wis. Stats.
Any person specified under § 139.30(7) or § 139.75(5),
Wis. Stats.
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.
Any person licensed under § 134.65(1), Wis. Stats.
Has the meaning given in § 118.257(1)(d), Wis.
Stats.
Has the meaning given in § 139.75(11), Wis. Stats.
Has the meaning given in § 139.75(12), Wis. Stats.
Has the meaning given in § 139.30(14), Wis. Stats.
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)]
[Added 5-2-2017]
(1)
IN-LINE SKATES
SKATEBOARD
Definitions. For the purposes of this chapter the following definitions
shall apply:
Skates with wheels arranged singly in a tandem line rather
than in pairs.
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.
(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.
[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.
[Added at time of adoption of Code (see Ch. 25, General Provisions,
Art. II)]
(1)
DELIVER
DISTRIBUTE
Definitions.
Shall have the same meaning given in § 961.01(6),
Wis. Stats., with respect to a controlled substance or controlled
substance analogue.
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.
[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.
