[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as §§ 8.11, 8.12, 10.01 to 10.08, 10.10,
10.13 to 10.16, 10.18, 10.20 to 10.23, 10.25, 10.26, 10.30 and 10.32
of the 2011 Code. Amendments noted where applicable.]
A. Statutory provisions adopted by reference. The statutory provisions describing and defining regulations with respect to crimes against public health and safety, property, sexual morality, government and administration, and peace and order in the sections of the Wisconsin Statutes, as revised, and as enumerated in Subsection
B of this section, are adopted and by reference made a part of this section as if fully set forth herein.
B. Statutory provisions enumerated. The following statutory sections
are adopted by reference and conduct which is the same or similar
to that prohibited by such statutory provisions is prohibited in the
Village:
(1) General.
(a) Section 101.123, Smoking prohibited.
(2) Chapter 939, Crimes – General Provisions.
(a) Section 939.05, Parties to crime.
(3) Chapter 940, Crimes Against Life and Bodily Security.
(a) Section 940.19(1), Battery, simple.
(b) Section 940.225(3m) and (4) to (7), Fourth degree sexual assault.
(c) Section 940.34, Duty to aid victim or report crime.
(d) Section 940.42, Intimidation of witnesses.
(e) Section 940.44, Intimidation of victims.
(4) Chapter 941, Crimes Against Public Health and Safety.
[Amended 12-19-2011 by Ord. No. 7-11; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
(a) Section 941.10, Negligent handling of burning materials.
(b) Section 941.12, Interfering with firefighting.
(c) Section 941.13, False alarms.
(d) Section 941.20, Endangering safety by use of dangerous weapon (excluding
felony provisions).
(e) Section 941.23, Carrying concealed weapon.
(f) Section 941.235, Carrying firearm in public building.
(g) Section 941.237, Carrying handgun where alcohol beverages may be
sold and consumed.
(h) Section 941.2965, Restrictions on use of facsimile firearms.
(i) Section 941.36, Fraudulent tapping of electric wires or gas or water
meters or pipes.
(j) Section 941.37, Obstructing emergency or rescue personnel.
(5) Chapter 942, Crimes Against Reputation, Privacy and Civil Liberties.
(a) Section 942.05, Opening letters.
(6) Chapter 943, Crimes Against Property.
(a) Section 943.01, Damage to property.
(b) Section 943.11, Entry into locked vehicle.
(c) Section 943.125, Entry into locked coin box.
(d) Section 943.13, Trespass to land.
(e) Section 943.14, Criminal trespass to dwellings.
(f) Section 943.15, Entry onto construction site or into a locked building,
dwelling or room.
(g) Section 943.20, Theft (under $500).
(h) Section 943.21, Fraud on hotel or restaurant keeper, recreational
attraction, taxicab operator, or gas station (under $500).
(i) Section 943.22, Use of cheating tokens.
(j) Section 943.23, Operating vehicle without owner's consent.
(k) Section 943.24, Issue of worthless check.
(l) Section 943.34, Receiving stolen property (less than $500).
(m) Section 943.37, Alteration of property indemnification marks.
(n) Section 943.45, Theft of telecommunications service (excluding felony
provisions).
(o) Section 943.46, Theft of video service.
(p) Section 943.50, Retail theft; theft of services.
(q) Section 943.61, Theft of library material.
(7) Chapter 944, Crimes Against Sexual Morality.
(a) Section 944.20, Lewd and lascivious behavior.
(b) Section 944.21, Obscene material or performance.
(c) Section 944.23, Making lewd, obscene or indecent drawings.
(d) Section 944.30, Prostitution.
(e) Section 944.31, Patronizing prostitutes.
(f) Section 944.33, Pandering (excluding felony provisions).
(9) Chapter 946, Crimes Against Government and Its Administration.
(a) Section 946.40, Refusing to aid officer.
(b) Section 946.41, Resisting or obstructing officer.
(c) Section 946.42, Escape (excluding felony provisions).
(d) Section 946.44, Assisting or permitting escape (excluding felony
provisions).
(e) Section 946.67, Compounding crime.
(10)
Chapter 947, Crimes Against Public Peace, Order and Other Interests.
(a) Section 947.01, Disorderly conduct.
(b) Section 947.012, Unlawful use of telephone.
(c) Section 947.013, Harassment.
(d) Section 947.02, Vagrancy.
(e) Section 947.06, Unlawful assemblies.
(11)
Chapter 948, Crimes Against Children.
(a) Section 948.01, Definitions.
(b) Section 948.09, Sexual intercourse with a child age 16 or older.
(c) Section 948.10, Exposing genitals, pubic area or intimate parts.
(d) Section 948.12, Possession of child pornography.
(e) Section 948.21, Neglecting a child (excluding felony provisions).
(f) Section 948.40, Contributing to the delinquency of a child (excluding
felony provisions).
(g) Section 948.45, Contributing to truancy.
(h) Section 948.55, Leaving or storing a loaded firearm within the reach
or easy access of a child.
(i) Section 948.60, Possession of a dangerous weapon by a person under
18 (excluding felony provisions).
(j) Section 948.605, Gun-free school zones (excluding felony provisions).
(k) Section 948.61, Dangerous weapons other than firearms on school premises
(excluding felony provisions).
(l) Section 948.63, Receiving property from a child.
(m) Section 948.70, Tattooing of children.
(12)
Chapter 951, Crimes Against Animals.
(a) Section 951.02, Mistreating animals.
(b) Section 951.03, Dognapping and catnapping.
(c) Section 951.06, Use of poisonous and controlled substances.
(d) Section 951.13, Providing proper food and drink to confined animals.
(e) Section 951.14, Providing proper shelter.
(f) Section 951.15, Abandoning animals.
C. References to Wisconsin Statutes. The statutory provisions adopted
by reference herein shall mean the Wisconsin Statutes as from time
to time amended, repealed and recreated or modified by the Wisconsin
Legislature and shall be deemed to refer to the most recent enactments
of such statutory provisions by the Wisconsin Legislature.
D. Penalty for violation. The penalties prescribed for violation of any of the provisions of this section shall be limited to a forfeiture. This forfeiture shall be levied upon anyone violating any of the provisions of this section pursuant to §
1-4 of the Code of the Village of Williams Bay, as the same may be amended, repealed and re-created from time to time, and such reference shall be deemed to refer to the most recent enactment of §
1-4.
[Amended 12-19-2011 by Ord. No. 7-11]
A. No person except a sheriff, constable, police officer or their deputies
or other law enforcement officer shall fire or discharge any firearm,
rifle, or spring or air gun within the Village. The Chief of Police
may further grant a permit for the discharge of a firearm and gun
for any lawful purpose such as pest extermination to any adult resident
of the Village for a period of not more than 30 days.
B. No person shall, in the territory adjacent to the Village, discharge
any firearm in such manner that the discharge shall enter or fall
within the Village.
C. This section shall not apply to the following:
(1) Persons engaging in hunting in full compliance with §
264-6 of this chapter.
(2) The discharge of the firearm is justified or, had it been subject
to a criminal penalty, would have been subject to a defense described
in § 939.45, Wis. Stats.
[Added 8-15-2011 by Ord.
No. 2-11]
A. Pursuant to § 943.13(1m)(c)4, Wis. Stats., no person shall
enter or remain in any part of a building owned, occupied or controlled
by the state or local governmental unit if the state or local governmental
unit has notified the person not to enter or remain in the building
while carrying a firearm or specific type of firearm.
B. The Village Administrator shall cause signage to be erected at all
entrances to all buildings owned, occupied or under the control of
the Village of Williams Bay providing notice that no person is to
enter or remain in any such building while carrying a firearm. Such
signs shall be five inches by seven inches or larger.
C. Nothing in this section shall be construed to apply to prohibit a
peace officer or armed forces or military personnel armed in the line
of duty or any person duly authorized by the Chief of Police to possess
a firearm in any public building. Notwithstanding § 939.22(22),
Wis. Stats., for purpose of this subsection, "peace officer" does
not include a commission warden who is not a state-certified commission
warden.
D. Nothing in this section shall be construed to authorize the carrying
of any firearm or dangerous weapon contrary to § 941.23
or 941.235, Wis. Stats.
[Added 12-19-2011 by Ord.
No. 7-11]
A. Carrying a concealed weapon; possession and display of license document
or authorization.
(1) Unless a licensee or out-of-state licensee is carrying a concealed
weapon in his or her own dwelling or place of business or on land
he or she owns, leases, or legally occupies, a licensee shall have
with him or her his or her license document and photographic identification
card and an out-of-state licensee shall have with him or her his or
her out-of-state license and photographic identification card at all
times during which he or she is carrying a concealed weapon.
(2) Unless the licensee or out-of-state licensee is carrying a concealed
weapon in his or her own dwelling or place of business or on land
he or she owns, leases, or legally occupies, a licensee who is carrying
a concealed weapon shall display his or her license document and photographic
identification card and an out-of-state licensee who is carrying a
concealed weapon shall display his or her out-of-state license and
photographic identification card to a law enforcement officer upon
the request of the law enforcement officer while the law enforcement
officer is acting in an official capacity and with lawful authority.
B. Definitions. For purposes of this section, the terms as defined in
§ 175.60(1), Wis. Stats., and any future amendments or revisions,
are hereby adopted by reference and made a part of this section as
if fully set forth herein.
C. Penalty. Any person who violates any provision of this section shall
be subject to forfeiture of not more than $25, except that the person
shall be exempt from the forfeiture if the person presents, within
48 hours, his license document or out-of-state license and photographic
identification to the law enforcement agency that employs the requesting
law enforcement officer.
[Amended 3-17-2014]
Except as provided in §
264-6 of this chapter, no person shall throw or shoot any object, arrow, stone, snowball or other missile or projectile by hand or by any other means at any person or at or into any building or any street, sidewalk, alley, highway, park, playground or other property owned by the Village.
A. Entry upon Village owned property for hunting. The Village Board
may authorize and permit certain types of special hunting for certain
types of game animals or birds on certain specified portions of Village-owned
property from time to time, provided any person wishing to engage
in such specially permitted hunting fully complies with the following
requirements:
(2) Registration at the Village Police Department prior to engaging in
such hunting.
(3) All conditions, rules and regulations as established by the Village
Board for such special hunting.
B. Possession of a bow or crossbow on Village owned property prohibited.
No person may possess or have under his/her control on Village owned
property a bow or crossbow unless the person has registered at the
Village Police Department as a hunter and received permission to hunt
prior to entry upon Village-owned property.
C. Hunting upon private property. A person hunting on private property
within the Village with a bow and arrow or crossbow must do so in
a manner which results in the discharge of the arrow or bow from the
respective weapon toward the ground. Further, a person hunting with
a bow and arrow or crossbow on private property may not do so within
100 yards of a building located on another person's land unless the
person who owns the land on which the building is located allows the
hunter to hunt within a closer distance so specified by the landowner.
[Amended 3-17-2014]
Section 167.10, Wis. Stats., regulating the sale and use of
fireworks, exclusive of any penalty imposed thereby, is adopted by
reference and made a part of this section as though set forth in full.
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.
[Amended 2-2-2015]
A. General. 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 or park or any private residence, except as may be permitted in Subsections
C and
F. Any such sound or noise which can be heard outside a seventy-five-foot radius of the source from which it is projected shall be prima facie evidence of a violation of this section.
B. Sound amplification. No person or persons owning, operating, or having
the care, custody, or control of any set, instrument, phonograph,
machine or sound amplification device shall be permitted to be operate
any musical instrument or other entertainment device including the
human voice, using amplification outside of a totally enclosed structure
between the hours of 11:00 p.m. and 7:00 a.m.
C. Power equipment. No person or persons shall operate or allow others
to operate lawn mowers, tractors, leaf blowers, any other power lawn
and garden equipment, vehicles or machinery, or any construction equipment,
vehicles or machinery (including both commercial and residential construction
or remodel projects), prior to 7:00 a.m. on regular weekdays (Monday
through Friday) or 8:00 a.m. on Saturdays, Sundays and holidays or
after 8:00 p.m. on any day of the week. No person or persons shall
operate or allow others to operate other noise producing power equipment
(other than items already mentioned herein) outside of a totally enclosed
structure prior to 7:00 a.m. on regular weekdays (Monday through Friday)
or 8:00 a.m. on Saturdays, Sundays and holidays or after 8:00 p.m.
on any day of the week. These restrictions shall not apply to the
operation of snow removal equipment, including but not limited to
snowplows and snow blowers.
D. Motor vehicles. No person shall use a motor vehicle, motor driven
cycle or motor driven machinery to cause a disturbance of the public
peace by spinning the wheels and tires or accelerating the motor causing
excessive or unnecessary noise.
E. As used in this section, the term "totally enclosed structure" means
a permanent structure consisting of walls, roof and floor, the windows
and doors of which are closed.
F. Exceptions. The provisions of this section shall not apply to:
(1) Any vehicle of the Village while engaged in necessary public business.
(2) Excavations or repairs of streets or other public construction by
or on behalf of the Village, county, state or private utilities at
night when public welfare and convenience render it impossible to
perform such work during the day.
(3) Live music provided, sponsored or funded, in whole or in part, by
a governmental entity.
(4) Activities allowed by permission of the Village.
See Chapter
125, Alarms Systems, of this Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All forms of gambling, lotteries and fraudulent devices and
practices are prohibited within the Village, except as provided by
state statute. Any police officer of the Village shall seize anything
devised solely for gambling or found in actual use for gambling within
the Village and dispose thereof after a judicial determination that
such device was used solely for gambling or found in actual use for
gambling.
A. 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 police or peace officer, refuses
to identify himself or manifestly endeavors to conceal himself or
any object. Unless flight by the person or other circumstances make
it impracticable, a police or peace officer shall, prior to any arrest
for an offense under this section, afford the person an opportunity
to dispel any alarm which would otherwise be warranted by requesting
him to identify himself and explain his presence and conduct. No person
shall be convicted of an offense under this subsection if the police
or peace officer did not comply with the preceding sentence or if
it appears at trial that the explanation given by the person was true
and, if believed by the police or peace officer at the time, would
have dispelled the alarm.
B. 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.
C. Obstruction of traffic by loitering. No person shall loaf or loiter
in groups or crowds upon the public streets, alleys, sidewalks, street
crossings or bridges or in any other public places within the Village
in such manner as to prevent, interfere with or obstruct the ordinary
free use of such public streets, alleys, sidewalks, street crossings
and bridges or other public places by persons passing along and over
the same.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D. 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 within the Village display any indecent advertisement.
No person shall throw any glass, rubbish, waste, filth or other
litter upon the streets, alleys, highways, public parks or other property
of the Village or upon any private property or upon the surface of
any body of water within the Village.
A. 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.
B. 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.
No person shall leave or permit to remain outside any dwelling,
building or other structure, or within any unoccupied or abandoned
building, dwelling or other structure under his 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 his agent and is securely locked or fastened.
No person shall operate a bicycle or motor vehicle or ride,
lead or drive a horse or pony on the path around the lake shore. These
restrictions shall not apply to police officers acting in their official
capacity.
No person shall sleep in a motor vehicle on any public street,
highway, park or other public place in the Village.
A. No person shall attempt to commit vandalism, theft or battery as
defined or described in §§ 940.19(1), 943.01, and 943.20,
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. Defined. An attempt to commit vandalism, theft or battery as enumerated in Subsection
A above requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute a violation of § 943.01, 943.20 or 940.19(1), respectively, of the Wisconsin Statutes.
C. Penalty. Any person violating Subsection
A shall, upon conviction thereof, forfeit not less than $5 nor more than $200, together with the cost of prosecution, and in default of such payment, shall be imprisoned in the county jail until payment is made but not exceeding six months.
A. Conspiracy defined. A conspiracy is defined as a combination or agreement
between two or more persons for the purpose of correlation, by their
joint or several efforts, of some unlawful act or acts.
B. Prohibited. Any person who conspires to violate § 943.01,
943.20 or 940.19(1), respectively, of the Wisconsin Statutes, with
intent that such a violation be committed, shall, if one or more of
the parties to the conspiracy does an act to effect its object, be
ordered to pay a forfeiture of not less than $5 nor more than $200,
together with cost of prosecution, and in default of such payment,
shall be imprisoned in the county jail until payment is made but not
exceeding six months.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. No person shall knowingly possess, keep or maintain any narcotic
drugs, marijuana or stimulant, depressant or hallucinogenic drugs,
or any substance defined as a controlled substance in the Uniform
Controlled Substance Act, Ch. 961, Wis. Stats., unless the substance
was obtained directly from or pursuant to a valid prescription or
order of a practitioner while acting in the course of his professional
practice, or except as otherwise authorized by Ch. 961, Wis. Stats.
B. The following provisions of the Wisconsin Statutes describing and
defining regulations with respect to drug paraphernalia within the
Village are hereby adopted and by reference made a part of this section
as if fully set forth herein: §§ 961.571, 961.572,
961.573, 961.574, 961.575, 961.576.
[Added 1-3-2012]
A. Possession, use, and sale. It shall be illegal for any person to
use, possess, purchase, attempt to purchase, sell, publicly display
for sale or attempt to sell, give, or barter any one or more of the
following chemicals whether under the common street or trade names
of "Spice," "K2," "Genie," "Yucatan Fire," "fake" or "new" marijuana,
or by any other name, label, or description.
(1) Salvia divinorum or salvinorum A; all parts of the plant presently
classified botanically as Salvia divinorum, whether growing or not,
the seeds thereof; any extract from any part of such plant, and every
compound, manufacture, salts derivative, mixture or preparation of
such plant, its seeds or extracts;
(2) (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;
(3) 1-Pentyl-3-(1-naphthoyl) indole; some trade or other names: JWH-018\spice;
(4) 1-Butyl-3-(1-naphthoyl) indole; some trade or other names: JWH-073;
(5) 1-(3 {trifluoromethylphenyl}) piperazine; some trade or other names:
TFMPP; or
(6) Any similar structure analogs.
B. Medical or dental use. Acts otherwise prohibited under Subsection
A shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided that such use is permitted under state and federal laws.
C. Penalties. Any person violating this section shall be subject to
a forfeiture of not less than $100 nor more than $500, exclusive of
costs, and upon failure to pay the same, shall be confined in the
county jail for not more than 30 days.
No person shall sell any items, effect, paraphernalia, accessory
or thing which is designed or marketed for use with illegal cannabis
or drugs as defined by the Wisconsin Statutes.
A. Prohibited. No person shall visit or loiter in any public school
building or on public school district property without the permission
of the administrator, custodian or other person in charge of such
school.
B. Exceptions. The provisions of Subsection
A shall not include students regularly enrolled in such school, unless ordered to leave by the administrator or custodian or other person in charge, or parents or legal guardians of students who may be required to register at the office of the school.
C. Defined. As used herein, the term loiter shall mean to stray aimlessly
and idly within a public school building or on public school district
property without permission or to be in the building or on the property
for some illegal purpose.
D. Penalty. Any person who violates any provision of this section shall,
upon conviction thereof, be subject to a forfeiture of not less than
$50 nor more than $500, together with costs of prosecution and, in
default of payment of such forfeiture and costs of prosecution, shall
be imprisoned in the county jail for not to exceed six months.
A. Statutory provisions adopted by reference. The statutory provisions describing and defining regulations with respect to crimes against property in the sections of the Wisconsin Statutes, as revised, and as enumerated in Subsection
B of this section are adopted and by reference made a part of this section as if fully set forth herein.
B. Statutory provisions enumerated.
(1) The following statutory sections, exclusive of the penalty provisions
contained therein, are adopted by reference and conduct which is the
same or similar to that prohibited by such statutory provisions is
prohibited in the Village:
(a) 943.01, Damage to property.
(2) References to Wisconsin Statutes. The statutory provisions referred
to or adopted by reference by this section shall mean the Wisconsin
Statutes as from time to time amended, repealed and re-created or
modified by the Wisconsin Legislature and shall be deemed to refer
to the most recent enactments of such statutory provisions by the
Wisconsin Legislature.
C. Parents
or guardians liability for minors violating this section. The following
persons shall be additionally liable for the violation of this section
if a person under the age of 18 years of age violates this section:
both parents if both parents have custody of the minor, the parent
having custody of the minor if only one parent has custody, or if
neither parent has custody of the minor, then the person or guardian
having such custody of the minor or the minor's foster parent or parents.
It shall be no defense to a violation of this section that the parent
or guardian was not the person actually committing the violation or
that the parent or guardian had no knowledge that the violative behavior
of the minor was to occur.
D. Penalty for violation. Any act required to be performed or prohibited by any statute incorporated in this section by reference is required to be performed or prohibited by this section. The penalties prescribed for violation of any of the provisions of this section shall be limited to a forfeiture. The forfeiture shall be levied upon anyone violating any of the provisions of this section. The amount of the forfeiture shall be in the amount as set forth in §
1-4 of this Code. The persons liable for each offense of this section shall be jointly and severally liable for the payment of the forfeiture and costs. Forfeitures imposed upon minors shall be subject to the requirements of Ch. 48, Wis. Stats.
E. Restitution.
In addition to the imposition of a forfeiture as a penalty for a violation
of this section, the Municipal Court shall order restitution under
the authority granted it pursuant to § 800.093, Wis. Stats.,
which is adopted by reference and made a part of this section as if
fully set forth herein.
A. Approval required. No business of any type or business related activity
shall be permitted on municipally owned property without prior approval
of the Village Board.
B. Permit required. Whenever any group, association or organization
desires to use municipally owned facilities for a particular purpose,
such as picnics, parties or theatrical or entertainment performances,
a representative of such group, association or organization shall
first obtain a permit from the Village Board for such purposes.
C. Fees. Fees for the use of municipally owned property shall be determined
by the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Except as otherwise provided in this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in §
1-4 of this Municipal Code.