[HISTORY: Adopted by the Village Board of the Village of
Merton as Secs. 9.01 to 9.04 and 9.06 to 9.18 of the Village Code.
Amendments noted where applicable.]
A.
No person shall stand, sit, loaf or loiter or engage in any sport
or exercise on any public street, sidewalk, bridge or public ground
within the Village in such manner as to prevent or obstruct the free
passage of pedestrian or vehicular traffic thereon or to prevent or
hinder free ingress or egress to or from any place of business or
amusement, church, public hall or meeting place.
B.
Responsibility of parent. No parent, spouse, guardian or other adult
person having the care and custody of a person under the age of 18
years shall suffer or permit or by indifferent control allow such
person to obstruct street or sidewalks.
No person shall give or send or cause to be made a loud, disturbing
or unnecessary sound such as may tend to annoy or disturb another
in or about any public street, alley or park or any private residence.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
No person shall give or send or cause to be made an alarm of
fire knowing such alarm is false.
A.
No person shall knowingly resist or obstruct an officer while such
officer is doing any act in his official capacity and with lawful
authority or shall refuse to assist an officer in carrying out his
duties when so requested by the officer.
B.
OBSTRUCTS
OFFICER
As used in this section, the following terms shall have the meanings
indicated:
Includes, without limitation, knowingly giving false information
to an officer with intent to mislead him in the performance of his
duty, including the service of any summons or civil process for the
violation of any state, county or Village law.
A peace officer or other public officer or public employee
having the authority by virtue of his office or employment to take
another into custody.
A.
Litter in public places. No person shall throw or deposit litter
in or upon any street, sidewalk or other public place within the Village
except in public receptacles or in authorized private receptacles
for collection or in official Village dumps.
B.
Truck loads causing litter. No person shall drive or move any truck
or other vehicle within the Village unless such vehicle is so constructed
or loaded as to prevent any load or contents of litter from being
blown or deposited upon any street, alley or other public place. Nor
shall any person drive or move any vehicle or truck within the Village
street, alley or other public place, depositing mud, dirt, sticky
substances or foreign matter of any kind.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
C.
Litter in parks, lakes and vacant lots. No person shall throw or
deposit litter in any park, lake or vacant lot except in public receptacles.
D.
Litter on occupied private property. No person shall throw or deposit
litter on any occupied private property within the Village, whether
owned by such person or not, except that the owner or person in control
of private property may maintain authorized private receptacles for
collection in such a manner that litter will be prevented from being
carried or deposited by the elements upon any street, sidewalk or
other public place or upon any private property. The owner or person
in control of any private property shall at all times maintain the
premises free of litter.
No person shall abandon any motor vehicle within the Village,
and no person shall leave any motor vehicle within the Village for
such time and under such circumstances as to cause such motor vehicle
reasonably to appear to have been abandoned. Whenever any motor vehicle
has been allowed to remain standing on any street or public place
in the Village for more than 24 hours, the same shall be deemed to
have been left or abandoned within the meaning of this section. The
Merton police agency may order any abandoned motor vehicle removed
by private contractor.
A.
Storage as nuisance. It is hereby declared and found that abandoned,
junked, discarded, dismantled and unregistered motor vehicles upon
private property within the Village are detrimental to the public
health, welfare and safety. Such vehicles constitute an attractive
nuisance to children and are a peril to their safety, depreciate the
value of neighboring properties and constitute a fire hazard. This
section has for its purpose the effective termination of such practices.
B.
Storage prohibited. No person, either as owner, lessee, occupant
or otherwise, shall store or deposit or cause or permit to be stored
or deposited an abandoned, junked, discarded, dismantled or unregistered
motor vehicle in and upon any private land or private property within
the Village. This section shall not prohibit the parking of an unlicensed
motor vehicle or motorcycle in a private garage.
C.
Definition. Abandoned, junked, discarded, dismantled and unregistered
motor vehicles shall include any vehicles which are incapable of being
self-propelled upon the public streets, vehicles whose owners cannot
be identified, and those vehicles which are without current license
plates.
No person shall cause, continue, and maintain or permit to exist
the open storage of junk, refuse, litter, garbage, scrap or waste
matter, disassembled or damaged motor vehicles, whether awaiting repair
or not.
No person shall intentionally enter in a building or dwelling,
any enclosed railroad car, any locked or enclosed portion of a truck
or trailer or any room within any of the aforementioned without the
expressed or implied consent of the person legally and fully in possession
of the same. For purposes of this section entry into a place during
the time when it is open to the general public is with consent.
[Amended 11-1-1984; at
time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The following offenses, defined as misdemeanors by state law,
are hereby prohibited in the Village of Merton, and said Wisconsin
Statutes sections are incorporated herein by reference just as though
fully set forth herein, but the penalty for violations under this
chapter shall be limited to a forfeiture as hereinafter set forth:
A.
Carrying concealed weapon: § 941.23.
B.
Criminal damage to property – less than $300: § 943.01.
C.
Criminal trespass to land: § 943.13.
D.
Criminal trespass to dwellings: § 943.14.
E.
Theft of property – less than $100 in value: § 943.20.
F.
Fraudulent use of credit cards – where value of property or
services is less than $100: § 943.20.
G.
Lewd and lascivious behavior: § 944.20.
H.
Disorderly conduct: § 947.01.
I.
Retail theft; theft of services: § 943.50.
J.
Fireworks: § 167.10.
K.
Reckless use of weapons: § 941.20(1).
L.
Possession of controlled substances: § 961.41(3g)(e).
M.
Aiding and abetting: § 939.05.
N.
Fraud on hotel or restaurant keeper: § 943.21.
O.
Resisting or obstructing officer: § 946.41.
P.
Issuance of worthless checks: § 943.24.
A.
Furnishing to minors. No fermented malt beverage or intoxicating
liquor shall be sold, dispensed or given away or furnished to any
person under the age of 21 years unless accompanied by a parent, guardian
or adult spouse.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
B.
Consumption in public places. No person shall consume any fermented
malt beverage or intoxicating liquor in or upon any public place,
any commercial parking lot or driveway, park, beach, sidewalk or public
way.
C.
Responsibility for possession or consumption of alcoholic beverages
by persons under legal drinking age:
[Amended 5-17-1984]
(1)
No person may knowingly permit or fail to take action to prevent
the illegal consumption of fermented malt beverages or intoxicating
liquor by anyone under the legal drinking age on the premises owned
by the person or under the person's control.
(2)
No person may intentionally encourage or contribute to a violation
of any state law or Village ordinance related to the possession or
consumption of fermented malt beverages or intoxicating liquor by
anyone under the legal drinking age.
(3)
Aiding or abetting prohibited. No person shall aid, abet or assist
any person under 21 years of age to violate any provisions of this
section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
[Added 6-4-1998 by Ord.
No. 117]
A.
The use and operation of all minibikes, dirt bikes, go-karts, in-line
skates, and skateboards is prohibited in all areas that are so posted
by the owner-occupant or by authority of the Village Board.
B.
The use or operation of all minibikes, dirt bikes, go-karts, in-line
skates, and skateboards is prohibited on Main Street between West
Street and Huntington Street in the Village of Merton.
[Amended 9-18-2014 by Ord. No. 172]
No person except the landowner of a parcel of five acres or
more or a person with the written permission of that landowner or
a law enforcement officer shall fire or discharge any firearm, air
gun, or similar weapon of any description within the Village. The
discharge of firearms by the landowner or a person with the written
permission of the landowner is prohibited with the exception of shotguns.
This section shall not prevent the maintenance and use of any duly
supervised rifle or pistol ranges or shooting galleries authorized
by the Village Board, or the firing or discharge of air guns upon
private premises with the owner's consent by persons over 16 or under
the direct supervision of a parent or guardian. No landowner on a
parcel of five acres or more or a person with written permission of
that landowner may discharge a firearm within 100 yards of a platted
subdivision or 100 yards of a habitable building of an adjacent property.
[Amended 6-2-1988; 9-18-2014 by Ord. No. 172]
A.
No person shall place, throw or shoot any object, arrow, stone, snowball
or other missile or projectile, by hand or by any other means, at
any person or at, in or into any building, street, sidewalk, alley,
highway, park, playground, vehicle or other public place within the
Village.
B.
The hunting of any bird, fish, wild fowl or animal with a bow and
arrow or crossbow on property owned by the Village is prohibited.
C.
Hunting with a bow and arrow or crossbow may take place on private
property within the Village with the following restrictions:
(1)
No person may hunt on private property with a bow and arrow or crossbow
that is within 100 yards of a building located on private property
owned by another individual, unless the owner of the land on which
the building is located allows hunting with a bow and arrow or crossbow
within 100 yards of the building.
(2)
A person hunting with a bow and arrow or crossbow must be at an elevation
where the discharge of the arrow or bolt from the respective weapon
is always towards the ground.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. III)]
A.
DRUG PARAPHERNALIA
Definition. As used in this section, the following term shall have
the meaning indicated:
All equipment, products and materials of any kind, which
are used, intended for use or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body a controlled substance,
as defined in Ch. 961, Wis. Stats.
B.
"Drug paraphernalia" includes, but is not limited to:
(1)
Kits used, intended for use or designed for use in planting, propagating,
cultivating, growing or harvesting of any species of plant which is
a controlled substance or from which a controlled substance can be
derived.
(2)
Kits used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances.
(3)
Isomerization devices used, intended for use or designed for use
in increasing the potency of any species of plant which is a controlled
substance.
(4)
Testing equipment used, intended for use or designed for use in identifying
or in analyzing the strength, effectiveness or purity of controlled
substances.
(5)
Scales and balances used, intended for use or designed for use in
weighing or measuring controlled substances.
(6)
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use or designed
for use in cutting controlled substances.
(7)
Separation gins and sifters used, intended for use or designed for
use in removing twigs and seeds from, or in otherwise cleaning or
refining, marijuana.
(8)
Objects used, intended for use or designed for use in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish, hashish
oil or other controlled substance under Ch. 961, Wis. Stats., into
the human body, including but not limited to:
(a)
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls.
(b)
Water pipes.
(c)
Carburetion tubes and devices.
(d)
Smoking and carburetion masks.
(e)
Objects used to hold burning material, such as a marijuana cigarette,
that has become too small or too short to be held in the hand.
(f)
Miniature cocaine spoons and cocaine vials.
(g)
Chamber pipes.
(h)
Carburetor pipes.
(i)
Electric pipes.
(j)
Air-driven pipes.
(k)
Chillums.
(l)
Bongs.
(m)
Ice pipes or chillers.
D.
Determination that object is drug paraphernalia. In determining whether
an object is drug paraphernalia, the following shall be considered:
(1)
Statements by an owner or by anyone in control of the object concerning
its use.
(2)
Prior convictions, if any, of an owner or of anyone in control of
the object under any municipal, state or federal law, regulation or
ordinance relating to any controlled substance.
(3)
The proximity of the object in time and space to a direct violation
of this section.
(4)
The proximity of the object to controlled substances.
(5)
The existence of any residue of controlled substances on the object.
(6)
Direct or circumstantial evidence of the intent of an owner or of
anyone in control of the object to deliver it to persons whom the
person knows, or should reasonably know, intend to use the object
to facilitate a violation of this section. The innocence of an owner
or of anyone in control of the object as to a direct violation of
this section shall not prevent a finding that the object is intended
for use or designed for use as drug paraphernalia.
(7)
Oral or written instructions provided with the object concerning
its use.
(8)
Descriptive materials accompanying the object which explain or depict
its use.
(9)
National and local advertising concerning its use. The manner in
which the object is displayed for sale.
(10)
Direct or circumstantial evidence of the ratio of sales of the
object to the total sales of the business enterprise.
(11)
The existence and scope of legitimate uses for the object in
the community.
(12)
Expert testimony concerning its use.
E.
Prohibited acts.
(1)
Possession of drug paraphernalia. No person may 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 this section.
(2)
Manufacture, sale or delivery of drug paraphernalia. No person may
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 this section.
(3)
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.
(4)
Delivery of drug paraphernalia to a minor. No person may deliver
drug paraphernalia to a person 17 years of age or under who is at
least three years younger than the violator 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 this section.
(5)
Exemption. This section 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.
F.
Violations and penalties.
(1)
Any drug paraphernalia used in violation of this section shall be
seized and forfeited to the Village.
(2)
If a court finds that a person who is under 17 years of age has committed
a violation of this section, the court in imposing penalties shall,
pursuant to § 938.344(2e), Wis. Stats., suspend or revoke
the child's operating privilege under § 340.01(40),
Wis. Stats., for not less than six months nor more than five years
and, in addition, shall order one of the following penalties:
(a)
For a first violation, a forfeiture of not more than $50 plus
costs.
(b)
For a violation committed within 12 months of a previous violation,
a forfeiture of not more than $100 plus costs.
(c)
For a violation committed within 12 months of two or more previous
violations, a forfeiture of not more than $500 plus costs.
(3)
If a court finds that a person who is 17 years of age or older has
committed a violation of this section, the court shall order one of
the following penalties:
