[HISTORY: Adopted by the Village Board of the Village of Rothschild 11-13-1967 as Secs. 8.17 and 12.01 to 12.04 of the 1967 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements and entertainment — See Ch. 189.
Animals — See Ch. 195.
Fireworks — See Ch. 311.
Intoxicating liquor and fermented malt beverages — See Ch. 357.
Nuisances — See Ch. 407.
Parks and recreation — See Ch. 416.
Snowmobiles — See Ch. 458.
[Added 3-25-1985 (Sec. 12.10 of the 1967 Code); amended 12-11-2017]
A. 
The provisions of Chs. 941 through 948, Wis. Stats., and as from time to time amended, are hereby adopted by reference and made a part of this Section as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this Section.
B. 
Municipal Court jurisdiction.
(1) 
Ch. 938, Wis. Stats., including any amendments and/or revisions thereto, is hereby adopted by reference into this Code as if fully set forth herein.
(2) 
Subject to the provisions and limitations of Ch. 938, Wis. Stats., and as amended and/or revised, complaints alleging a violation of any provision of this Code against nonadult persons may be brought in the Municipal Court for the Village.
C. 
Penalty. Any person violating this Section shall be subject to § 1-2 of this Code, unless another penalty is mandated by statute or ordinance.
[Added 12-13-2010 (Sec. 8.18 of the 1967 Code); amended 12-11-2017]
Wisconsin Statutes § 101.123, Smoking prohibited, is hereby adopted by reference, and as from time to time amended, as if fully set forth in this Code. Any person violating this Section shall be subject to § 1-2 of this Code.
[Added 9-12-1994 (Sec. 12.14 of the 1967 Code)]
A. 
Drug paraphernalia. The statutory provisions in § 961.571 through 961.575, Wis. Stats., describing and defining regulations with respect to drug paraphernalia, exclusive of any provisions therein for which the statutory penalty is imprisonment, are hereby adopted and made a part of this section as if set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made part of this section.
B. 
Marijuana possession. It is unlawful for any person to possess any material, compound, mixture or preparation which contains 25 grams or less of tetrahydrocannabinols (THC) or marijuana or its salts, isomers or salts of isomers, unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner within the meaning of § 961.01(19), Wis. Stats., while acting in the course of his professional practice, or except as otherwise authorized by Ch. 961, Wis. Stats.
[Amended 12-11-2017]
C. 
Penalty.
(1) 
Any person violating this Section shall be subject to § 1-2 of this Code.
[Amended 12-11-2017]
(2) 
Any person under 18 years of age who violates this section shall be subject to a disposition under § 938.344(2e), Wis. Stats.
[Added 12-13-2010 (Sec. 8.19 of the 1967 Code)]
A. 
Possession, use and sale illegal. 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," "K," "Genie," "Yucatan Fire," "fake" or "new" marijuana, or by any other name, label or description, including:
[Amended 12-11-2017]
(1) 
Those substances listed in § 961.14(4)(tb), Wis. Stats., and as from time to time amended; and
(2) 
Any other substance which is a cannabinoid receptor agonist ("cannabinoid receptor agonist" means a substance that has an affinity for and stimulates physiological activity in a cannabinoid receptor within the human brain); or
(3) 
Any other similar structural analogs.
B. 
Medical or dental use allowed. 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 § 1-2 of this Code, except that instead of the forfeiture amounts listed there, the following forfeiture amounts shall be applicable instead:
[Amended 12-11-2017]
(1) 
Possession/use: a forfeiture of $300 to $500, exclusive of costs.
(2) 
Sale: a forfeiture of $2,000 to $3,000, exclusive of costs.
[Added 11-25-2002; amended 12-11-2017]
No persons, not in official attendance at or on official school business with the Everest School District public schools or any private or parochial school, shall enter into any said school building in the Village, nor shall they congregate, loiter, idle, stand, remain or play in any Everest School District building in the Village or private or parochial school building in the Village or on any property adjacent thereto and under the control of the schools, between the hours of 7:00 a.m. and 4:00 p.m. on official Everest School District school days. This section shall not apply to persons who have obtained the requisite permission from Everest School District officials or any parochial or private school official, in accordance with the Everest School District rules and regulations or the applicable regulations or rules of a parochial or other private school. Private schools do not include home schools as defined in Ch. 118, Wis. Stats. Any person violating this Section is subject to § 1-2 of this Code.
[Amended 11-24-2008]
A. 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
CURFEW HOURS
(1) 
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and
(2) 
12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
EMERGENCY
An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
GUARDIAN
(1) 
A person who, under court order, is the guardian of the person of a minor; or
(2) 
A public or private agency with which a minor has been placed by a court.
MINOR
Any person prosecutable per § 48.02(2), Wis. Stats.
OPERATOR
Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The terms include the members or partners of an association or partnership and the officers of a corporation, limited liability company (LLC) and limited liability partnership (LLP).
PARENT
A person who is:
(1) 
A natural parent, adoptive parent or stepparent of another person; or
(2) 
At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access, including but not limited to streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
REMAIN
(1) 
To linger or stay; or
(2) 
To fail to leave the premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
B. 
Offenses.
(1) 
A minor commits an offense if he remains in any public place or on the premises of any establishment within the Village during curfew hours.
(2) 
A parent or guardian of a minor commits an offense if he knowingly permits or by insufficient control allows the minor to remain in any public place or on the premises of any establishment within the Village during curfew hours.
(3) 
The owner, operator or any employee of an establishment commits an offense if he/she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
C. 
Defenses.
(1) 
It is a defense to prosecution under Subsection B that the minor was:
(a) 
Accompanied by the minor's parent or guardian;
(b) 
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
(c) 
In a motor vehicle involved in interstate travel;
(d) 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
(e) 
Involved in an emergency;
(f) 
On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor's presence;
(g) 
Attending an official school, religious or other recreational activity supervised by adults and sponsored by the Village, a civic organization, or other similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop;
(h) 
Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(i) 
Married or had been married or had disabilities of minority removed in accordance with law.
(2) 
It is a defense to prosecution under Subsection B(3) that the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
D. 
Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection C is present and complies with § 938.19(2), Wis. Stats. Any person violating this Section is subject to § 1-2 of this Code.[1]
[Amended 12-11-2017]
[1]
Editor's Note: Original Sec. 12.01(4), Conduct of females in bar rooms, which immediately followed this section, was repealed 9-10-1984.
[Added 7-28-1997 (Sec. 12.15 of the 1967 Code)]
A. 
Definition. A runaway for the purpose of this section is defined as an unemancipated person under the age of 18 years who has been reported as a missing person/runaway to any law enforcement agency and whose whereabouts is or was unknown to the parents, guardian, or legal custodian.
B. 
Harboring runaways prohibited. It shall be unlawful for any person to knowingly harbor, allow, board or otherwise permit any runaway in his or her residence or business or other property under his or her control where such person knows or should have known the minor to be a runaway from his or her parents, guardian or legal custodian.
C. 
Assisting runaways prohibited. It shall be unlawful for any person to knowingly assist, aid, or abet a runaway to escape apprehension or flee from his or her parents, guardian, legal custodian or public officials. This includes but is not limited to the following acts:
(1) 
Providing transportation to the runaway;
(2) 
Providing money, clothing, or any other useful instrument to the runaway which would aid the runaway in escape;
(3) 
Obstructing by providing false or untrue information regarding the location or plan of the runaway;
(4) 
Refusing to provide information to law enforcement officers when questioned about the runaway which information was known to him at the time and would assist in the apprehension of said runaway; or
(5) 
Assisting, aiding, or abetting the runaway in any other way for the purpose of hindering law enforcement officers or the parents, guardian or legal custodian of the runaway from learning the whereabouts of the child.
D. 
Exception. Subsection B of this section does not apply to persons who harbor runaways by virtue of a placement by the Juvenile Court intake staff or any court.
E. 
Penalty.
[Amended 12-11-2017]
(1) 
Any person violating this Section shall be subject to § 1-2 of this Code.
(2) 
Any person under the age of 18 who violates any of the provisions of this Section shall, upon conviction, be subject to disposition as provided in § 938.342(1g)(a) and (b) or 938.343(2), Wis. Stats.
[Added 7-27-2020]
A. 
The Village Board hereby makes the following findings regarding sex offenders:
(1) 
The Village cites to the following publications that provide a basis for its findings:
(a) 
Roger Przybylski, Sex Offender Management Assessment and Planning Initiative, Research Brief "Recidivism of Adult Sexual Offenders" (July, 2015).
(b) 
U.S. Department of Justice, Office of Justice Programs, Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking, Sex Offender Management Assessment and Planning Initiative (updated March, 2017).
(c) 
Mariel Alper & Matthew R. Durose, U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Special Report "Recidivism of Sex Offenders Released from State Prison: a nine-Year Follow-Up (2005-14)" (May, 2019).
(2) 
Researchers widely agree that observed recidivism rates are underestimates of the true reoffense rates of sex offenders. This means that the issue of recidivism is most likely larger than shown by official records.
(3) 
Recidivism rates of sex offenders increase as follow-up periods become longer. This means that public safety is likely to be increased by the use of longer monitoring.
(4) 
Sex offenders have increased rates of both general criminal recidivism and sexual recidivism. This means that public safety is likely to be increased by the use of heightened monitoring.
(5) 
The contents of Wis. Stat. § 980.08 are hereby found reasonable for the extent applicable to the Village's Sex Offender Ordinances, Village Code §§ 422-8, 422-9 and 422-10.
(6) 
However, the Village's Sex Offender Ordinances, Village Code §§ 422-8, 422-9 and 422-10, cover areas in addition to Wis. Stat. § 980.08, and this is also found to be reasonable for the following reasons:
(a) 
The Village has had inquiries regarding sex offender regulation, and while some sex offenders may not be persons subject to the enforcement of current state statutes, the Village desires there to be applicable regulation.
(b) 
If the Village already possessed ordinances regulating sex offenders, it would have already utilized such ordinances.
(c) 
The Village Board believes that it is reasonable to regulate sex offenders to the full extent legally possible in the interest of the public health, safety and general welfare, but not to create an excessively punitive circumstance.
B. 
The Village hereby provides that a person may appeal for a variance from the Village Sex Offender Ordinances, Village Code §§ 422-8, 422-9 and 422-10, based upon an individualized assessment of such person's circumstances, pursuant to the following:
(1) 
The Sex Offender Appeals Board is hereby created to carry out the function of hearing appeals for variances from the Village Sex Offender Ordinances, Village Code §§ 422-8, 422-9 and 422-10.
(2) 
The Sex Offender Appeals Board shall be constituted by the same membership as the Legislative Committee, which membership shall be ex officio members of the Sex Offender Appeals Board. The Village President may appoint additional members at his or her discretion.
(3) 
The Sex Offender Appeals Board shall determine the procedures and forms used to hear an appeal.
(4) 
The Sex Offender Appeals Board may consider any evidence that it deems relevant to consideration of a variance, including but not limited to:
(a) 
The nature of applicable conviction(s);
(b) 
The person's background;
(c) 
The reasons why the variance is requested;
(d) 
Recidivism and/or rehabilitation information; and
(e) 
The overall risk that the granting of a variance will present to the public health, safety, and general welfare.
(5) 
The Sex Offender Appeals Board shall grant a variance if in the absence of a variance there would be an excessively punitive effect on the person.
(6) 
The Sex Offender Appeals Board may grant a variance subject to conditions.
[Added 7-27-2020]
A. 
The definitions contained in Wis. Stat. § 980.01, and as from time to time amended, are hereby adopted by reference into this Code as if set forth fully herein.
B. 
This Section shall not be enforced against the following:
(1) 
Pursuant to Wis. Stat. § 980.135, an individual who is released under Wis. Stat. § 980.08, or against a person who provides housing to such an individual, so long as all of the following apply:
(a) 
The individual is subject to supervised release under Wis. Stat. ch. 980;
(b) 
The individual is residing where he or she is ordered to reside under Wis. Stat. § 980.08; and
(c) 
The individual is in compliance with all court orders issued under Wis. Stat. ch. 980.
(2) 
An individual who has obtained an expungement pursuant to Wis. Stat. § 973.015, and/or a Presidential or Governor's pardon of clemency, for all applicable convictions.
C. 
This Section is applicable to all of the following persons:
(1) 
Any person not exempted by Code § 422-9B and is also one of the following:
(a) 
Such person has ever been subject to the Wisconsin sex offender registration statute, Wis. Stat. § 301.45, and as from time to time amended; or
(b) 
Such person has ever been subject to a substantially similar equivalent of the Wisconsin sex offender registration statute, Wis. Stat. § 301.45, and as from time to time amended, of either another state or the federal government.
D. 
A person's residence must be not less than 1,000 feet from any school premises, child-care facility, public park, place of worship, or youth center.
(1) 
However, a person is not in violation if any school premises, child-care facility, public park, place of worship, or youth center is established within 1,000 feet from the person's residence after he or she is placed in the residence under this Section.
(2) 
The 1,000 feet shall be measured by following a straight line from the outer boundary line of the lot containing the residence to the outer boundary line of the lot containing the restricted location. The straight line shall comprise the shortest distance between the two lots being measured.
E. 
If the person committed a sexually violent offense against an adult at risk, as defined in Wis. Stat. § 55.01(1e), or an elder adult at risk, as defined in Wis. Stat. § 46.90(1)(br), and as from time to time those statutes are amended, such person's residence must be not less than 1,000 feet from a nursing home or an assisted living facility.
(1) 
However, a person is not in violation if a nursing home or an assisted living facility is established within 1,000 feet from the person's residence after he or she is placed in the residence under this Section.
(2) 
The 1,000 feet shall be measured by following a straight line from the outer boundary line of the lot containing the residence to the outer boundary line of the lot containing the restricted location. The straight line shall comprise the shortest distance between the two lots being measured.
F. 
If the person is a serious child sex offender, as defined in Wis. Stat. § 980.01(4m), and as from time to time amended, then such person's residence must not be on a property adjacent to a property where a child's primary residence exists. For the purpose of this Section, adjacent properties are properties that share a property line without regard to a public or private road if the living quarters on each property are not more than 1,000 feet apart.
(1) 
However, a person is not in violation if a child establishes primary residence in a property adjacent to the person's residence after the person is placed in the residence under this Section.
G. 
Notwithstanding this Section, all applicable persons already domiciled in a residence that would otherwise be in violation of this Section prior to the enactment of this Section are grandfathered, and may continue to reside at the residence where already domiciled. However, there shall be no further nonconformance or increase in the nonconformance with the provisions of this Section except by the granting of a variance.
[Added 7-27-2020]
A. 
Any person subject to the enforcement of this Section may only be present not less than 100 feet from any of the following locations: any school premises, child-care facility, public park, place of worship, youth center, nursing home, or assisted living facility.
B. 
This Section shall not be enforced against:
(1) 
An individual who has obtained an expungement pursuant to Wis. Stat. § 973.015, and/or a Presidential or Governor's pardon of clemency, for all applicable convictions.
C. 
This Section is applicable to all of the following persons:
(1) 
Any person who has ever been subject to the Wisconsin sex offender registration statute, Wis. Stat. § 301.45, and as from time to time amended.
(2) 
Any person who has ever been subject to a substantially similar equivalent of the Wisconsin sex offender registration statute, Wis. Stat. § 301.45, and as from time to time amended, of either another state or the federal government.
D. 
The distances listed in this Section shall be measured by following a straight line from the person's actual location to the outer boundary line of the lot containing the restricted location. The straight line shall comprise the shortest distance between the person and the lot being measured.
[1]
Editor’s Note: Former § 422-8, Adoption of county minor pornography ordinance, § 422-9, Obscene material and performances, § 422-10, Obscene or disorderly conduct, § 422-11, Houses of ill fame, § 422-12, Indecent exposure and disturbing the peace, § 422-13, Drunkenness in public places, and § 422-14, Vagrancy, were repealed 12-11-2017.
[Amended 11-25-2002]
A. 
Loitering or prowling. No person may 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 actor takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the actor the 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 section if the law enforcement officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the actor was true and, if believed by the law enforcement officer at the time, would have dispelled the alarm.
B. 
Loitering on posted private property. It shall be unlawful for any person to congregate, loiter, wander, stroll, or stand upon any private property in the Village which has been posted with a notice stating "No Loitering," "Patrons Only," or other notice indicating that said property is not a thoroughfare for the use of the general public. Such notice shall be at least 8 1/2 inches by 11 inches in size, or of comparable area, and plainly posted, at least one to each property intended to be so posted. This section shall include loitering in parked motor vehicles.
C. 
Any person violating this Section shall be subject to § 1-2 of this Code.
[Added 12-11-2017]
[Amended 9-24-1979; 12-11-2017]
A. 
Any person who enters or remains in a public swimming pool enclosure after regular hours, or drinks or has in his or her possession intoxicating beverages while in said enclosure during or after regular hours, shall be subject to § 1-2 of this Code.
B. 
Any person who throws any missile or object, including but not limited to eggs, fruit, snowballs, water balloons, toilet paper, or rolls thereof, on or at the person or property of another shall be subject to § 1-2 of this Code.
[Amended 9-30-1992; 9-27-2004; 7-27-2009; 8-24-2015]
A. 
No person, except a peace officer, shall fire or discharge any firearm, rifle, or spring or air gun of any description within the Village of Rothschild. This section shall not prevent the firing or discharging of BB guns upon private premises by persons over 16 years of age, or if under the direct personal supervision of a parent or guardian, except as hereinafter provided.
(1) 
Firearms, shotguns, rifles, muzzleloaders, bows/arrows and/or crossbows may be used to lawfully hunt game on private parcels of land of 40 acres or more by the owners or lawful occupants of said private parcels of land.
(2) 
A shotgun (bird-shot-type shells only), bow/arrow and/or crossbow may be used to lawfully hunt game on parcels of land five acres or more by the owners or lawful occupants of said parcels of land.
(3) 
Persons wishing to hunt on any public land must register per hunting season in the Rothschild Police Department. Hunting or use of firearms, shotgun, rifle, bow/arrow and/or crossbow is not allowed in any public park or within 50 feet of the center line of the gravel maintenance road of the Cedar Creek Interceptor on public property. Hunting or use of firearms, shotgun, rifle, bow/arrow and/or crossbow is not allowed within 50 feet of the center line of the dirt maintenance road south of the Village garage located at 1001 Leon Street in the Village of Rothschild.
[Amended 5-9-2022]
(4) 
Except as stated above, no person shall throw or shoot any object, arrow, stone or other missile or projectile, by hand or by any other means, on private or public property.
(5) 
Any lands owned by the Village of Rothschild are restricted to the number of people that may hunt at any given time. A sign-up sheet will be kept at the Village of Rothschild with the restrictions, and Village residents will be given preference.
(6) 
Hunting on the Village of Rothschild land is restricted to shotgun, bow/arrow and/or crossbow only. There will be no hunting north of the dirt maintenance road located at 1001 Leon Street in the Village of Rothschild.
(7) 
Recreational use of firearms will be allowed on all properties greater than 10 acres to the south of Cedar Creek.
(8) 
Any hunting stand used on public property in the Village of Rothschild must have the owner's name and phone number affixed to it. Stands are only allowed to be strapped to the tree, not affixed to the tree. Stands can only be up from September 1 to December 31. Any stands left on Village property after December 31 will be removed and sold at auction.
[Amended 5-9-2022]
B. 
Penalty. Any person violating this section shall be subject to a forfeiture of not less than $1 nor more than $100, plus the cost of prosecution, and upon failure to pay shall be subject to the provisions of §§ 800.09 and 800.095, Wis. Stats., and any amendments or reenactments of said statutes. If any damage occurs by a violation of this section, restitution may be ordered as provided by applicable law.
[Added 11-15-2011; amended 12-11-2017]
A. 
Definitions. The definitions contained within §§ 175.60(1) and 943.13(1e), Wis. Stats., and as they are from time to time amended, are hereby incorporated by reference into this Section as if fully set forth herein, except that: "weapon" is defined to mean a handgun, an electronic weapon as defined in § 941.295(1c)(a), Wis. Stats., a billy club, or a knife; and "firearm" is defined to mean a gun designed to be fired from the shoulder and to utilize the energy of gun powder or compressed air, a bow and/or arrow, and a crossbow.
B. 
In addition to the provisions of Wisconsin Statutes enumerating those places where the carrying of a weapon or a firearm is prohibited, including exceptions thereto, it shall be unlawful for any person other than a current law enforcement officer to enter any Village buildings while carrying a weapon or firearm.
C. 
Any person who is carrying a concealed weapon shall display his or her license document 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.
D. 
Signs meeting the requirements of § 943.13(2)(bm)1, Wis. Stats., shall be posted in prominent places near all entrances of all Village buildings, structures or locations to prohibit the carrying of weapons.
E. 
Any person violating any of the provisions of this Section is also in violation of § 943.13, Wis. Stats., as adopted by § 422-1 of this Chapter, and shall, upon conviction thereof, be subject to § 1-2 of this Code and shall further be subject to penalty for trespass as prescribed in § 943.13, Wis. Stats. In addition, any violation of Subsection C shall be subject to those penalties set forth in § 175.60(17), Wis. Stats.
[Amended 12-11-2017]
A. 
The Village hereby prohibits all forms of gambling and fraudulent devices and practices.
B. 
The Village hereby declares its policy to seize anything devised solely for gambling or found in actual use for gambling and destroy the device after a judicial determination that it was used solely for gambling or found in actual use for gambling.
C. 
Any gambling place is a public nuisance and may be proceeded against under Ch. 823.[1]
[1]
Editor's Note: See Ch. 823, Wis. Stats.
D. 
Notwithstanding, pursuant to § 175.38, Wis. Stats., no Village law enforcement officer may investigate violations of or otherwise enforce §§ 945.03(2m) or 945.04(2m), Wis. Stats., and no Village law enforcement officer may investigate violations of or otherwise enforce § 945.05(1m), Wis. Stats., unless he or she reasonably believes that the video gambling machine involved may be used in connection with a violation of Ch. 945, Wis. Stats., other than a violation of §§ 945.03(2m) or 945.04(2m); Wis. Stats.
E. 
In addition to the provisions of this Section, any person violating this Section is subject to § 1-2 of this Code.
[Added 9-22-1980; amended 7-12-2010 (Sec. 12.045 of the 1967 Code)]
A. 
Loud and disturbing noises prohibited generally. It shall be unlawful for any person to create or assist in creating any unreasonably loud and disturbing noise in the Village of Rothschild (see also § 407-8 of this Code).
B. 
Measurement. For the purpose of determining decibels [dB(A)] as referred to in this section, the noise shall be measured on the A-weighting scale on a sound-level meter of standard design and quality having characteristics established by the American National Standards Institute and shall be measured at the complainant's property line.
[Amended 12-11-2017]
C. 
Residential zones.
(1) 
It shall be unlawful to carry on the following activities in any residentially zoned area of the Village:
(a) 
It shall be unlawful for any person to make or engage in any unreasonably loud and raucous noise, including yelling, screaming, shouting, hooting, whistling, singing, horns or signal devices. A noise shall be presumed to be unreasonably loud and raucous if it is plainly audible within a residence and measures 85 dB(A) or more at the complainant's property line. An exception to this provision shall include any organized sporting events, fairs, carnivals, or similar activities. The person(s) in violation of this Section shall be ordered to reduce the noise to acceptable levels immediately by the monitoring officer.
[Amended 12-11-2017]
(b) 
The operation of household power tools outdoors between the hours of 9:00 p.m. and 6:00 a.m.
(c) 
The operation of lawn mowers, chain saws, powered garden equipment and other domestic tools out of doors between the hours of 9:00 p.m. and 7:00 a.m.
(d) 
Working on vehicles, revving vehicle motors, or unnecessary noises from vehicles (see also § 407-8 of this Code) between the hours of 9:00 p.m. and 7:00 a.m.
[Amended 12-11-2017]
(e) 
Musical bands/instruments practicing or the unreasonable playing of sound devices in residential areas between the hours of 9:00 p.m. and 7:00 a.m.
(2) 
Any mechanical noise which registers more than 85 dB(A) at the nearest complainant's property line will be probable cause for a violation.
[Amended 12-11-2017]
(3) 
Noise by animals, birds and fowl. The keeping of any animal, bird, or fowl which by causing frequent or long-continued noise shall disturb the comfort or repose of any person in the vicinity is unlawful.
(4) 
In residential zones, it shall be unlawful for any person to make or engage in any unreasonably loud and raucous noise, including yelling, screaming, shouting, hooting, whistling, singing, horns or signal devices. A noise shall be presumed to be unreasonably loud and raucous if it is plainly audible within a residence and measures 85 dB(A) or more at the complainant's property line. An exception to this provision shall include any organized sporting events, fairs, carnivals, or similar activities. The person(s) in violation of this section shall be ordered to reduce the noise to acceptable levels immediately by the monitoring officer.
[Amended 12-11-2017]
D. 
Use of loudspeakers and amplifiers. It is unlawful to transmit, broadcast, or produce any music by loudspeaker, amplifier or similar device outside of any building, public or private, or on the inside of any building or vehicle so as to transmit sound to the outside, either with or without loudspeaker, amplifier or similar device, unless a special permit is issued by the Clerk or the Chief or Police of the Village of Rothschild.
E. 
Construction noise. Construction equipment in all zones may only be operated between the hours of 6:00 a.m. and 9:00 p.m.
[Amended 12-11-2017]
F. 
Nonresidential zoning districts adjacent to residential zoning districts. It shall be unlawful for any non-residentially zoned property adjacent to a residentially zoned property to operate its business at or above 85 dB(A) for four consecutive hours measured at the complainant's property line between the hours of 10:00 p.m. and 6:00 a.m. Decibel readings over 110 dB(A) at the complaint's property line will be subject to an immediate citation.
[Amended 12-11-2017]
G. 
Schools, churches, hospitals or courts. The creation of any excessive noise on any street or property adjacent to any school, institution of learning, church or court while in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of that institution, or which disturbs or unduly annoys patients in the hospital, is prohibited.
H. 
Enforcement. Enforcement of this Section shall be at the discretion of the Rothschild Police Department staff on the basis of complaints filed with the Village of Rothschild or the Rothschild Police Department. In all nonresidential zones, the violator shall, as soon as possible from written notice of this violation, reduce the sound-pressure levels to acceptable levels, not to exceed 30 days. Decibel readings over 110 dB(A) at the complainant's property line will be subject to an immediate citation.
[Amended 12-11-2017]
I. 
Exceptions. None of the terms or prohibitions shall apply to or be enforced against:
(1) 
Operation of emergency equipment and equipment used to comply with state mandates for a safe environment. Snow blowers not operated on a commercial basis shall be exempt from this section when used to gain access to a Village street. Garbage and recycling trucks shall be exempt. (Emergency equipment shall include ambulance, police, fire, snow removal, civil defense sirens, etc., necessary for the health, safety, and protection of the citizens of the Village of Rothschild.)
[Amended 12-11-2017]
(2) 
Any vehicles of the Village of Rothschild while engaged in necessary public business.
(3) 
Emergency excavations, maintenance or repairs of any public or private facility, including but not limited to bridges, streets, highways or buildings, during hours of darkness.
(4) 
The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in nature.
J. 
Appeals. The Village Board may grant an exemption to individuals proving evidence of substantial hardship. Evidence that reasonable technological attempts have been made to correct the problem shall be considered grounds for granting an exception to this section for existing businesses and industries.
K. 
Any person violating this Section shall be subject to § 1-2 of this Code.
[Amended 12-11-2017]
[Added 10-27-2003 (Sec. 12.046 of the 1967 Code); amended 12-11-2017]
No person shall, within the Village, perform braking of a motor vehicle using unmuffled compression release engine braking, or jake brakes, except in an emergency situation. Any person violating this Section shall be subject to § 1-2 of this Code.
A. 
Use prohibited. No person shall maintain, use or operate any apparatus or device, whether electrical, mechanical, or of any other sort, so as to cause electrostatic or electromagnetic waves to radiate so as to interfere with radio or television reception within this municipality. The above prohibition shall be construed to apply to radio receiving equipment, either of the regenerative or of any other type, vibrating battery charges, sign changers, electric refrigeration machines, electrically driven oil pumps or furnace equipment, high-tension ignition systems, electric transmission lines, gas or electric power plants, defective insulators, defective transformers, badly sparking motors, and badly sparking generators which interfere with radio reception, whether on account of the manner of construction or manner of operation of the apparatus.
B. 
Exceptions. The above prohibition shall not apply to the following situations. It shall not be unlawful to:
(1) 
Cause radio or television interference between 2:00 a.m. and 7:00 a.m. any day.
(2) 
Cause radio interference on wavelengths of more than 600 meters.
(3) 
Operate violet-ray machines, diathermal machines, or any other electro-medical devices causing radio interference between 7:00 a.m. and 6:00 p.m., provided that such interference is reduced as much as is reasonably possible in every available way, and particularly by not using the devices except when reasonably necessary and by equipping the devices so far as is reasonably possible with filters, condensers, shields and grounds and with any other apparatus tending to reduce interference.
(4) 
Operate x-ray machines whenever necessary, causing radio interference; provided, however, that such interference is reduced as much as is reasonably possible as provided in Subsection B(3).
C. 
Any person violating this Section shall be subject to § 1-2 of this Code.
[Amended 12-11-2017]
[Amended 12-11-2017]
A. 
It shall be unlawful for any person to leave outside of any building or dwelling or at any other place accessible to children any unattended or discarded icebox, refrigerator, freezer, or any other container of any kind which has an airtight door or lock which may not be released for opening from the inside of said icebox, refrigerator, freezer, or container.
B. 
It shall be unlawful for any person to leave outside any building or dwelling or at any other place accessible to children any unattended or discarded icebox, refrigerator, freezer, or container of any kind which has an airtight snaplock without first removing said snaplock or door from said icebox, refrigerator, freezer, or container.
C. 
Any person violating this Section shall be subject to § 1-2 of this Code.
[Amended 12-11-2017]
Any person who shall willfully or wantonly deface, mutilate, injure or destroy any property belonging to the Village of Rothschild or any shade tree, streetlamp, outdoor lamp, window or other valuable property within this Village shall be subject to § 1-2 of this Code.
[Amended 12-11-2017]
No person shall put up, erect, fasten, post, paint or maintain any sign, picture, poster, or advertisement, of any description, upon any curb, sidewalk, fence, board, barrel, box, case, railing, post, barricade, material, structure or building of any kind placed upon any Village street, alley, public way, public ground or public highway. Any person violating this Section shall be subject to § 1-2 of this Code.[1]
[1]
Editor's Note: Original Sec. 12.01(11), Shade trees and parkways, which immediately followed this section, was repealed 6-25-2012. See now Ch. 505, Trees and Shrubs.
No person, firm or corporation shall keep any bees in the Village of Rothschild. Any person, firm or corporation violating the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than $5 nor more than $50. Each day of such violation shall constitute a separate offense.[1]
[1]
Editor's Note: Original Sec. 12.01(8), Meat black market, which immediately followed this section, was repealed 6-25-2012.