A.
Discharge of firearms regulated. No person, except
a law enforcement officer in the performance of an official duty,
shall fire or discharge any firearm, rifle, spring gun, air gun or
pneumatic pellet gun of any description in his/her possession or under
his/her control within the City of Weyauwega, provided that this section
shall not prevent the maintenance and use of duly supervised rifle
or pistol ranges or shooting galleries authorized by the City Council,
or the firing or discharging of BB guns upon private premises by persons
over 16 or under the direct personal supervision of a parent or legal
guardian.
B.
Hunting prohibited. Hunting within the City of Weyauwega
is prohibited.
C.
Shooting into City limits. No person shall in the
territory adjacent to the City discharge any firearm in such manner
that the discharge shall enter or fall within the City of Weyauwega.[1]
[1]
Editor's Note: Original Sec. 11-2-1(d), Shooting ranges, which
immediately followed this section, was deleted 7-19-2010 by Ord. No.
2010-02.
D.
Explosive devices. No person shall discharge or detonate
any dynamite, nitroglycerin or other explosive within the City without
first obtaining a permit to do so from the City Council.
E.
Definition. For purposes of this section, "firearm"
is defined as any instrumentality from or with which a shot, bullet
or pellet may be discharged or expelled, regardless of whether the
propelling force is provided by air, spring or other similar mechanical
device or gunpowder.
[Amended 10-17-2011 by Ord. No. 2011-9]
A.
FIREARM
PUBLIC SAFETY
WEAPON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A weapon that acts by force of gunpowder.
Any person employed by the State of Wisconsin or any political
subdivision of this state, as a sworn law enforcement officer, a Firefighter
or EMS personnel.
[Amended 12-19-2011 by Ord. No. 2011-10]
A handgun, an electronic weapon as defined at § 941.295
Wis. Stats., or a billy club.
B.
In addition to the provisions of § 175.60, Wis. Stats.,
enumerating 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 law enforcement officer to enter the following
city buildings while carrying a weapon or a firearm:
(1)
Municipal Building.
(3)
Library.
(4)
Historical Museum.
(5)
Sewage Treatment Building.
(6)
All City well/pump stations.
(7)
Street Department garage.
(9)
Weyauwega Community Park.
(10)
Peterson Park.
(11)
Weyauwega-Fremont School District properties.
(12)
All other buildings and land owned, leased or occupied and posted
by the City of Weyauwega.
C.
Signs meeting the requirements of § 943.13 (2)(am), Subsection
1, Wis. Stats. shall be posted in prominent places near all entrances
of such buildings regarding such restrictions.
D.
Any person who enters or remains in any aforementioned City building contrary to such signage shall be considered a trespasser subject to penalty as proscribed under § 1-3 of this Code.
E.
Possession, sale, and manufacture of certain weapons prohibited.
(1)
No person shall sell, manufacture, purchase, possess or carry metallic
knuckles or knuckles of any substance which could be put to the same
use with the same or similar effect as metallic knuckles, a numchuk
(also called a "nunchaku") or any similar weapon, a cestus or similar
material weighted with metal or other substance and worn on the hand,
a churkin (also called a "suriken") or any similar object intended
to injure a person when thrown, a sucbai or similar weapon, a manrikigusari
or similar length of chain having weighted ends, or any other martial
arts device or instrumentality which, in the manner it is used or
intended to be used, is calculated or likely to produce injury or
death to another person within the City of Weyauwega.
(2)
CHURKIN
NUMCHUK OR NUNCHAKU
SUCBAI
For the purpose of this section, the following definitions shall
apply:
A round throwing knife, consisting of several sharp points
protruding from a rounded disc.
An instrument consisting of two or more sticks, clubs, or
rods connected by a rope, cord, wire, or chain.
A short length of wood, or metal or similar material which,
when gripped in the hand, protrudes on either side of the fist. Such
prohibited instrument may or may not have spikes or short, ponted
protrusions from either end.
(3)
Any such device shall be seized by a law enforcement officer and
destroyed or turned over to the State of Wisconsin Crime Laboratory
for destruction.
F.
Reckless use of weapons.
(1)
Acts prohibited.
(a)
No person shall endanger another's safety by reckless conduct
in the operation or handling of a firearm, air gun, knife or bow and
arrow.
(b)
No person shall operate or go armed with a firearm, air gun,
knife or bow and arrow while he/she is under the influence of an intoxicant.
(c)
No person shall intentionally point a firearm, air gun, knife
or bow and arrow at or toward another person.
(2)
Reckless conduct defined. "Reckless conduct" consists of an act which
creates a situation of unreasonable rick and high probability of death
or great bodily harm to another and which demonstrates a conscious
disregard for the safety of another and a willingness to take chances
of perpetrating an injury.
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
ROADWAY
UNLOADED
VEHICLE
Definitions. In this section, the following terms
shall have the meanings indicated:
Has the meaning given under § 114.002(3), Wis.
Stats.
Enclosed in a case that is expressly made for the purpose
of containing a firearm and that is completely zipped, snapped, buckled,
tied or otherwise fastened with no part of the firearm exposed.
A weapon that acts by force of gunpowder.
Has the meaning given under § 340.01(22), Wis.
Stats.
Has the meaning given under § 30.50(6), Wis. Stats.
Has the meaning given under § 340.01(54), Wis.
Stats.
Any of the following:
Has the meaning given under § 340.01(74), Wis.
Stats., and includes a snowmobile, as defined under § 340.01(58a),
Wis. Stats.
B.
C.
Exceptions.
(1)
Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
(3)
Subsection B(1)(a)[2] and (b)[1] do not apply to the holder of a permit under § 29.193(2)(c), Wis. Stats., who is hunting from a standing automobile in accordance with that subsection.
No person shall sell, expose or offer for sale, use, keep, possess, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the City unless he/she shall be authorized by a fireworks permit as provided in Chapter 266, Fireworks, of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all fireworks, rockets or similar missiles containing explosive fuel.
A.
Obstructing streets. No person shall obstruct, loiter,
cause a nuisance or engage in any sport or exercise on any public
street, sidewalk, bridge or public ground within the City of Weyauwega
in such a manner as to:
(1)
Prevent or obstruct the free passage of pedestrian
or vehicular traffic thereon;
(2)
Prevent or hinder free ingress or egress to or from
any place of business or amusement, church, public hall or meeting
place; or
(3)
Cause a nuisance by congregating and hindering the
free passage of pedestrian or vehicular traffic.
B.
Obstructing sidewalk prohibited. No person shall block
any sidewalk or bridge by obstructing the same so that it is impossible
for a pedestrian to travel along the sidewalk without leaving the
sidewalk and walking on adjacent property or on the street.
C.
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
Definitions. As used in this section, the following
terms shall have the following meanings, unless the context clearly
indicates that a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the City of Weyauwega.
To interfere with unobstructed travel by any means, including
but not limited to standing on the part of the walk that is fit for
travel or placing any object or vehicle whatsoever on such sidewalk.
Any sidewalk owned or maintained by the City. The term shall
not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
D.
Free speech. This section shall not be interpreted
as prohibiting any person from stopping on any sidewalk to talk or
to make a speech, provided that such person shall not stand in such
a location that it is impossible for any pedestrian to travel along
the sidewalk without leaving the sidewalk and walking on adjacent
property or on the street. If two or more persons are engaged in talking
while stopped on a sidewalk, they shall not stand in such locations
as to completely prevent any pedestrian from passing them on the sidewalk.
[Added 8-21-2017 by Ord.
No. 2017-4]
No person shall jump or dive from any public structure for any
reason whatsoever, except by permit issued by the City Council. "Public
structure," as used in this section, includes all public buildings
and any bridge, bridge abutment, roadway, tower, or other structure
constructed and operated for public utility or transportation services,
whether publicly or privately owned.
A.
Public property loitering prohibited.
(1)
No person shall loiter in or about any public street,
public sidewalk, street crossing, alley, bridge, public parking lot
or other place of assembly or public use after being requested to
move by any law enforcement officer.
(2)
Upon being requested to move, a person shall immediately
comply with such request by leaving the premises or area thereof at
the time of the request.
(3)
No person shall loiter in or about any toilet open
to the public for the purpose of engaging in or soliciting any lewd
or lascivious conduct or any unlawful act.
(4)
No person shall loiter in or about any school or public
place at or near which children or students attend or normally congregate.
As used in this subsection, "loiter" means to delay, to linger or
to idle in or about any said school or public place without a lawful
purpose for being present.
B.
Private property loitering prohibited.
(1)
No person shall loiter in or about any private premises
or adjacent doorways or entrances or upon private property held out
for public use, including but not limited to business or industry
parking lots or shopping malls, without invitation from the owner
or occupant or any person in authority at such places. No person shall
loiter in or about the doorway, stairway, steps or entrance of any
business place or private residence without the expressed consent
of the owner thereof or at any time other than usual business hours.
Under this subsection, "business place" shall include a public building
at such times that the same shall be closed for the usual and normal
business conduct thereat.
(2)
Upon being requested to move by any such person in
authority or by any police officer, a person shall immediately comply
with such request by leaving the premises or area thereof at the time
of the request.
(3)
No person shall sit, lie, or otherwise recline upon
or against any parked motor vehicle without the expressed consent
of the owner thereof, whether such vehicle is parked upon a public
street, alley, parking lot, driveway or private premises.
(4)
No person shall stand or loiter on any roadway other
than in a safety zone if such act interferes with the lawful movement
of traffic.
C.
Loitering or prowling prohibited.
(1)
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/herself
or manifestly endeavors to conceal himself/herself or any object.
Unless flight by the person or other circumstances make it impracticable,
a law enforcement 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/her to
identify himself/herself and explain his/her presence and conduct.
No person shall be convicted of an offense under this subsection if
the law enforcement 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 law enforcement officer at the time,
would have dispelled the alarm.
(2)
No person shall hide, wait or otherwise loiter in
the vicinity of any private dwelling house, apartment building, or
any other place of residence with the unlawful intent to watch, gaze
or look upon the occupants therein in a clandestine manner.
(3)
No person shall lodge in any building, structure or
place, whether public or private, without the permission of the owner
or person entitled to possession or in control thereof.
(4)
No person shall loiter in or about a restaurant, tavern
or other public building. As used in this subsection, "loiter" means
to, without just cause, remain in a restaurant, tavern or public building
or to remain upon the property immediately adjacent thereto after
being asked to leave by the owner or person entitled to possession
or in control thereof.
D.
Loitering by underage persons where alcohol beverage
is dispensed.[1]
(1)
Underage persons and intoxicants. No underage person
shall enter, remain or loiter in any public or private place where
any fermented malt beverage or other alcohol beverage is sold, dispensed,
given away or made available, unless accompanied by a parent, guardian
or spouse who has attained the legal drinking age.
(2)
Permitting loitering prohibited. No person of legal
drinking age shall permit any underage person to enter, remain or
loiter in any premises, public or private, where fermented malt beverages
or other alcohol beverages are served, sold, dispensed, given away
or made available, unless such underage person is accompanied by a
parent, guardian or spouse who has attained the legal drinking age.
F.
KNOWN PROSTITUTE OR PANDERER
PUBLIC PLACE
Soliciting. No person shall loiter in or near any
thoroughfare or place open to the public in a manner and under circumstances
manifesting the purpose of inducing, enticing, soliciting or procuring
another to commit an act of prostitution. Among the circumstances
which may be considered in determining whether such purpose is manifested
are that such person is a known prostitute or panderer, that such
person repeatedly beckons to stop or attempts to stop or engages male
or female passersby in conversation or repeatedly stops or attempts
to stop motor vehicle operators by hailing, waving of arms or any
other bodily gesture. The violator's conduct must be such as to demonstrate
a specific intent to induce, entice, solicit or procure another to
commit an act of prostitution. No arrest shall be made for a violation
of this subsection unless the law enforcement officer first affords
such persons an opportunity to explain such conduct, and no one shall
be convicted of violating this subsection if it appears at trial that
the explanation given was true and disclosed a lawful purpose. As
used in this subsection, the following terms shall have the meanings
indicated:
A person who, within five years previous to the date of arrest
for violation of this subsection, had, within the knowledge of the
sworn police officer, been convicted in any municipal court or circuit
court in the State of Wisconsin of an offense involving prostitution.
An area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles, whether moving or not, and buildings open to the general
public, including those which serve food or drink or provide entertainment,
and the doorway and entrance to buildings or dwellings and the grounds
enclosing them.
A.
Loud and unnecessary noise prohibited. It shall be
unlawful for any person to make, continue or cause to be made or continued
any loud and unnecessary noise. It shall be unlawful for any person
knowingly or wantonly to use or operate or cause to be used or operated
any mechanical device, machine, cassette or CD player, apparatus or
instrument for intensification or amplification of the human voice,
music or any sound or noise in any public or private place in such
manner that the peace and good order of the neighborhood are disturbed
or that persons owning, using or occupying property in the neighborhood
are disturbed or annoyed.
B.
Types of loud and unnecessary noises. The following
acts are declared to be loud, disturbing and unnecessary noises in
violation of this section, but this enumeration shall not be deemed
to be exclusive:
(1)
Horns and signaling devices. The sounding of any horn
or signaling device on any automobile, motorcycle or other vehicle
on any street or public place in the City for longer than three seconds
in any period of one minute or less, except as a danger warning; the
creation of any unreasonably loud or harsh sound by means of any signaling
device and the sounding of any plainly audible device for an unnecessary
and unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any signaling
device when traffic is for any reason held up.
(2)
Radios, phonographs and similar devices. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph or other machine or
device for the producing or reproducing of sound in a loud and unnecessary
manner. The operation of any set, instrument, phonograph, machine
or device in a manner as to be plainly audible at the properly line
of the building, structure or vehicle in which it is located shall
be prima facie evidence of a violation of this section.
(3)
Loudspeakers and amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting attention of the public to any
building or structure. Announcements over loudspeakers can only be
made by the announcer in person and without the aid of any mechanical
device.
(4)
Animals and birds. The keeping of any animal or bird
which causes frequent or long-continued unnecessary noise.
(5)
Steam whistles. The blowing of any steam whistle attached
to any stationary boiler except to give notice of the time to begin
or stop work or as a warning of fire or danger or upon request of
proper City authorities.
(6)
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine or motorboat
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
(7)
Construction or repair of buildings. The erection
(including excavation), demolition, alteration or repair of any building,
as well as the operation of any pile driver, steam shovel, pneumatic
hammer, derrick, steam or electric hoist, or any other similar equipment
attended by loud or unusual noise, other than between the hours of
7:00 a.m. and 10:00 p.m. on weekdays; provided, however, that the
Chief of Police shall have the authority, upon determining that the
loss or inconvenience which would result to any party in interest
would be extraordinary and of such nature as to warrant special consideration,
to grant a permit for a period necessary within which time such work
and operation may take place within the hours of 10:00 p.m. to 7:00
a.m.
(8)
Schools, courts, churches and hospitals. The creation
of any excessive noise on any street 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, provided
that conspicuous signs are displayed in those streets indicating a
school, hospital or court street. No person, while on public or private
grounds adjacent to any building, or while within any building in
which a school or any class thereof is in session, shall willfully
make or assist in the making of any noise or diversion which disturbs
or tends to disturb the peace or good order and operation of such
school session or class thereof.
C.
Exceptions.
The provisions of this section shall not apply to:
(1)
Any vehicle of the City while engaged in necessary
public business.
(2)
Excavations or repairs of streets or other public
construction by or on behalf of the City, county, or state at night
when public welfare and convenience render it impossible to perform
such work during the day.
(3)
The reasonable use of amplifiers or loudspeakers in
the course of public addresses which are noncommercial in nature.
D.
Permits for amplifying devices.
(1)
Permit required. The use of loudspeakers or amplifying
devices on the streets or in the parks of the City of Weyauwega is
prohibited unless the party desiring to use such loudspeaker or amplifying
device first obtains a permit from the Chief of Police.
(2)
Grounds or reasons for denial or revocation. The Chief
of Police shall have the authority to revoke such permit when he/she
believes such loudspeaker or amplifying device is becoming a nuisance
because of the volume, the method in which it is being used or the
location in which it is being operated.
(3)
Time restrictions. The Chief of Police shall not grant
a permit to use a loudspeaker or amplifying device before the hour
of 9:00 a.m. or after 10:00 p.m. No permit shall be granted to anyone
who, in the opinion of the Chief of Police, uses said loudspeaker
or amplifying device in such a manner or for such a purpose as to
constitute a nuisance.
A.
Disorderly conduct prohibited. No person within the
City of Weyauwega shall:
(1)
In any public or private place engage in violent,
noisy, riotous, abusive, indecent, profane, boisterous, unreasonably
loud or otherwise disorderly conduct which tends to cause or provoke
an immediate disturbance of public order or tends to annoy or disturb
any other person.
(2)
Intentionally cause, provoke or engage in any fight,
brawl, riot or noisy altercation.
(3)
Be in any business or private structure, private vehicle
or upon any private grounds without the consent of the owner.
B.
Defecating or urinating in public places. It shall
be unlawful for any person to defecate or urinate outside of designed
sanitary facilities upon any sidewalk, street, alley, public parking
lot, park, playground, cemetery or other public area within the City,
or upon any private property in open view of the public, or in the
halls, rooms without rest room facilities, stairways or elevators
of public or commercial buildings,
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or
other disciplinary procedures excluding him/her from attending any
school located within the City nor any person not a student presently
enrolled or not an employee of such schools or not a parent or guardian
of a student or not an otherwise authorized person shall be present
within any school building or upon any school grounds without having
first secured authorization to be there from the principal or other
person in charge of the school building or school grounds, except
while in direct route to secure such authorization.
(2)
Any unauthorized person who shall come upon school property and refuse to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3)
"Authorized person" shall include:
(a)
Any person who is present at any school building
or school grounds for a purpose previously authorized by the school
or its designee.
(b)
Any person transporting a student and who utilizes
the driveway specified for loading and unloading personnel.
(c)
Any person utilizing a designated area for attending
an athletic or other organized school event.
B.
Disorderly conduct on public school property.
(1)
No person shall, on any school property or building,
engage in violent, abusive, loud or otherwise disorderly conduct which
causes or provokes an immediate disturbance of public order or disturbs
or annoys any other person, nor shall a person intentionally engage
in any fight, brawl, riot or noisy altercation other than a bona fide
athletic contest.
(2)
Nonstudents, students from schools other than the
school on the property or students from a school who are not in compliance
with the school system's published rules and regulations shall be
considered in violation of this section. The published rules and regulations
of the school system are incorporated as if fully set forth herein.
(3)
All entrances to the school buildings referred to in Subsection B(1) shall be posted by the School Board with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."
(4)
"Unauthorized presence" shall include any vehicle
that is found on school property which has not received permission
to be there. If the occupants or owners are not on school property
for some legitimate business or activity or are parked in an area
that regulates parking to certain authorized vehicles, they are in
violation. Such vehicle may be issued a City summons that regulates
parking or may be towed away at the direction of the school principal
or person in charge of such school building. Law enforcement officers
may also have any vehicle towed away which, because of its location,
creates a hazard to life or property.
C.
Loitering near school prohibited. No person not in
official attendance or on official school business shall enter into,
congregate, loiter or cause a nuisance in any school building in the
City of Weyauwega or upon any Weyauwega School District grounds or
within adjacent posted school zones on any day when such schools are
in session.
A.
Lawful orders. It shall be unlawful for any person
to fail to obey the direction or order of a law enforcement officer
while such law enforcement officer is acting in an official capacity
in carrying out his or her duties.
B.
Resisting or interfering with officer prohibited.
It shall be unlawful for any person to resist, obstruct, or in any
way interfere with any law enforcement officer or member of the Police
Department or any person called to assist such officer, or to threaten,
resist or interfere with such officer or person, or to advise or encourage
any other person to resist or interfere with such officer or person
in the discharge of his/her duty, or to in any way interfere with
or hinder or prevent him/her from discharging his/her duty as such
officer or assistant, or to offer or endeavor to do so, or to in any
manner assist any person in the custody of any law enforcement officer
to escape or to attempt to escape from such custody, or to try to
persuade any person to escape from the custody of such officer, or
to rescue or attempt to rescue any person so in custody or to fail
to obey the order or direction of such officer while such officer
is acting in his/her official capacity in carrying out his/her duties.
A.
Possession of controlled substances. It is unlawful
for any person to possess a controlled substance, other than a controlled
substance classified in Schedules I and II under Ch. 961, Wis. Stats.,
which is a narcotic drug, 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/her professional practice, or except
as otherwise authorized by this Code of Ordinances.
B.
Possession of marijuana.
(1)
No person shall possess 25 grams or less of marijuana,
as defined in § 961.01, Wis. Stats., unless it was obtained
directly from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of his or her professional
practice, or except as otherwise authorized by Ch. 961, Wis. Stats.
(3)
This section does not apply to any person who is charged
with possession of more than 25 grams of marijuana, or who is charged
with possession of any amount of marijuana following a conviction
for possession of any amount of marijuana, in the State of Wisconsin.
No individual shall cross a police or fire line
that has been so designated by banner, signs or other similar identification.
A.
Harassment. No person, with intent to harass or intimidate
another person, shall do any of the following; each instance shall
be considered a separate violation:
B.
Harassing or obscene telephone calls. Whoever commits
any of the following acts shall be subject to the general penalty
as provided in this Code of Ordinances:[1]
(1)
Makes any comment, request, suggestion or proposal
which is obscene, lewd, lascivious or indecent.
(2)
Makes a telephone call, whether or not conversation
ensues, with the intent to abuse, threaten or harass any person at
the called number or numbers.
(3)
Makes or causes the telephone of another repeatedly
or continuously to ring, with intent to harass any person at the called
number or numbers.
(4)
Makes repeated telephone calls, during which conversation
ensues, solely to harass any person at the called number or numbers.
(5)
Knowingly permits any telephone under his/her control
to be used for any purpose prohibited by this section.
(6)
In conspiracy or concerted action with other persons,
makes repeated calls or simultaneous calls solely to harass any person
at the called number or numbers.
(7)
To
include misuse of all electronic communication devices and social
media platforms.
[Added 3-16-2020 by Ord. No. 2020-2]
[Added 1-18-2021 by Ord.
No. 2020-4]
A.
Purpose. The Council finds that bullying and harassment disrupt a
safe environment in the City, interfere with one's ability to
succeed or excel in a safe environment in the City and interfere with
one's ability to participate in or benefit from programs, activities,
worksites and opportunities offered to the community. The Council
further finds that it is in the public interest to make sure every
person is valued and respected regardless of perceived differences
and may live free from bullying, harassment and intimidation.
B.
BULLYING
COURSE OF CONDUCT
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended.
A form of harassment and is defined as an intentional course
of conduct which is reasonably likely to intimidate, emotionally abuse,
slander, threaten or intimidate another person and which serves no
legitimate purpose.
Any conduct, whether verbal, physical or by any mode of communication,
which:
C.
Prohibition. It shall be unlawful for every person to engage in any
bullying or harassment of a person or induce another person to engage
in such bullying or harassment.
D.
Retaliation prohibited. No person shall retaliate against any person
who reports any conduct which is prohibited by this section.
E.
Constitutionally protected activity. This section shall not be construed
to apply to any constitutionally protected activity or speech.
F.
Parental responsibility. It shall be unlawful for any custodial parent or guardian of any unemancipated person under 18 years of age to allow or permit such person to violate the provisions of Subsection C above. The fact that, prior to the present offense, a parent, guardian or custodian was informed by a law enforcement officer of a separate violation of Subsection C by the same minor occurring within 90 days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
No person shall have or permit on any premises
owned or occupied by him/her 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.
All forms of gambling, lotteries and fraudulent
devices and practices are prohibited within the City, except as provided
by state law. Any law enforcement officer of the City may seize anything
devised solely for unlawful gambling or found in actual use for gambling
within the City and dispose thereof after a judicial determination
that such device was used solely for gambling or found in actual use
for gambling.
A.
AMBULANCE
AMBULANCE ATTENDANT
AMBULANCE SERVICE PROVIDER
AUTHORIZED EMERGENCY VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
BONA FIDE EMERGENCY or BONA FIDE REQUEST FOR EMERGENCY SERVICES
EMERGENCY MEDICAL PERSONNEL
PERSON
Definitions. For the purposes of this section, the
following definitions apply to the terms as used herein:
An emergency vehicle, including any motor vehicle, boat or
aircraft, whether privately or publicly owned, which is designated,
constructed or equipped to transport patients.
A person who is responsible for the administration of emergency
care procedures and proper handling and transporting of the sick,
disabled or injured persons, including but not limited to ambulance
attendants and ambulance drivers.
A person engaged in the business of transporting sick, disabled
or injured persons by ambulance to or from facilities or institutions
providing health services.
Any of the following:
Police vehicles, whether publicly or privately
owned.
Conservation wardens' vehicles or foresters'
trucks, whether publicly or privately owned.
Vehicles of a fire department or fire patrol.
Privately owned motor vehicles being used by
Deputy State Fire Marshals or by personnel of a full-time or part-time
fire department or by members of a volunteer fire department while
en route to a fire or on an emergency call pursuant to orders of their
chief or other commanding officer.
Such emergency vehicles of municipal or county
departments or public service corporations as are designated or authorized
by the local authorities to be authorized emergency vehicles.
Such emergency vehicles of state departments
as are designated or authorized by the heads of such departments to
be authorized emergency vehicles.
Such ambulances, publicly owned, as are designated
or authorized by local authorities to be authorized emergency vehicles.
Such ambulances which are privately owned and
are operated by owners or their agents and which vehicles are authorized
by the Sheriff or others designated by the County Board to be operated
as emergency vehicles. The Sheriff or others designated by the County
Board may make such authorization which shall be in writing and which
shall be effective throughout the state until rescinded. The Sheriff
or others designated by the County Board may designate any owner of
ambulances usually kept in the county to operate such vehicles as
authorized emergency vehicles. Such written authorization shall at
all times be carried on each ambulance used for emergency purposes.
The Sheriff shall keep a file of such authorizations in his/her office
for public inspection, and all other persons permitted to issue authorizations
shall file a copy of all authorizations issued with the Sheriff who
shall keep them on file.
Those circumstances wherein the caller reasonably believes
that person(s) and/or property may be in actual or potential danger
of injury and, in the case of person(s), in danger of illness.
Any emergency medical personnel, ambulance attendant, peace
officer or firefighter or other person operating or staffing an ambulance
or an authorized emergency vehicle.
Any individual, firm, partnership, association, corporation,
trust, foundation, company, any governmental agency other than the
United States government, or any group of individuals, however named,
concerned with the operation of an ambulance.
B.
Prohibitions. It is the intent of the City of Weyauwega, in its adoption of this provision, to protect against the following activities in a manner consistent with that provided by § 941.37, Wis. Stats. The following acts are prohibited and perpetration thereof subjects the violator to penalty as provided by § 1-3:
(1)
Knowingly obstructing any emergency medical personnel
in the performance of duties relating to an emergency or rescue.
(2)
Intentionally interfering with any medical personnel
in the performance of duties relating to an emergency or rescue, when
it is reasonable that the interference may endanger another's safety.
(3)
Knowingly making any telephone call to any emergency
medical personnel, police agency or fire department for any purpose
other than to report a bona fide emergency or to make a bona fide
request for emergency services.
A.
ALCOHOL BEVERAGES
CONTROLLED SUBSTANCES
LODGING ESTABLISHMENT
UNDERAGE PERSON
In this section, the following terms shall have the
meanings indicated:
Has the meaning given in § 125.02(1), Wis. Stats.
Has the meaning given in § 961.01(4), Wis. Stats.
Has the meaning given in § 106.52(d), Wis. Stats.
Has the meaning given in § 125.02(20m), Wis. Stats.
B.
Any person who procures lodging in a lodging establishment and permits or fails to take action to prevent any of the following activities from occurring in the lodging establishment is subject to the penalties provided in § 1-3:
C.
An owner or employee of a lodging establishment may
deny lodging to an adult if the owner or employee reasonably believes
that consumption of an alcohol beverage by an underaged person, not
accompanied by his or her parent, guardian or spouse who has attained
the legal drinking age, or illegal use of a controlled substance may
occur in the area of the lodging establishment procured.
D.
An owner or employee of a lodging establishment may
require a cash deposit or use of a credit card at the time of application
for lodging.
[Added 11-15-2010 by Ord. No. 2010-07]
A.
Possession, use, and sale are 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," "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, 1OaR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo[c]chromen-l-ol; some trade or other names:
HU-210;
(3)
I-Pentyl-3-(1-naphthoyl) indole; some trade or other names:
JWH-018\spice;
(4)
1-Butyl-3-(1naphthoyl) indole; some trade or other names: JWH-073;
(5)
1-(3 {trifluoromethylphenyl}) piperazine; some trade or other
names: TFMPP;
(6)
Or any similar structural analogs.
B.
Medical or dental use allowed. Acts otherwise prohibited under § 370-19.1 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 adult 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.
[Added 11-15-2010 by Ord No. 2010-08]
A.
Purpose and intent. It is the purpose of this section to discourage
children of compulsory school age from unauthorized absences and to
impose penalties upon those students and also upon their parents or
legal guardians. It is the intent of this section to promote the development
and welfare of these children by discouraging unauthorized absenteeism
and encouraging school attendance. The Weyauwega City Council hereby
finds that daytime absence constitutes an increased risk to the public
safety, health, and welfare of the citizens of the City of Weyauwega.
B.
RESPONSIBLE ADULT
SUBJECT TO COMPULSORY SCHOOL ATTENDANCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A person 18 years of age or older who has the mental competency
to fulfill the duty of protecting and caring for the general welfare
of a child and who has a written authorization from that child's parent
or legal guardian designating the person as a responsible adult, naming
the child involved and designating the time period during which the
responsible adult shall have control of the child.
Includes any child subject to mandatory school attendance
under Wisconsin law in the school district of his residence, or any
child found in the City of Weyauwega who would be subject to mandatory
attendance if the child were a resident of the City of Weyauwega.
C.
Offenses.
(1)
No child subject to compulsory school attendance shall be at
any place within the City of Weyauwega, except in attendance at school
or at the student's place of residence, during the hours when that
student is required to be in attendance at either a public or private
school as required by law, unless that child has written proof from
school authorities excusing him/her from attending school at that
particular time, or unless the student is accompanied by a parent,
legal guardian or responsible adult selected by the parent or legal
guardian who supervises the student.
(2)
Parental violation. Each parent or legal guardian of a student
subject to the provisions of this section shall have the duty to prevent
that student from violating the provisions of this section and each
failure by that parent or guardian to do so is a separate offense.
D.
Affirmative defenses.
(2)
It shall be an affirmative defense to Subsection C(2) that the parent or legal guardian is a petitioner in a currently pending juvenile court proceeding involving the student or such a proceeding in which the judge has retained ongoing supervision or jurisdiction.
(3)
It shall be an affirmative defense to Subsection C(1) and (2) that if at the time of the alleged violation the student was employed pursuant to a school-sponsored program or was the recipient of a work permit issued by school authorities and the student was actually on the job or traveling to or from the job site or program location.
(4)
Any party claiming an affirmative defense hereunder shall have
the duty to prove the same to the same standard of proof required
of the plaintiff in prosecuting the action.
E.
Penalties. A person who violates a provision of this section is guilty
of a separate offense for each day or part of a day during which the
violation is committed, continued, or permitted. Each offense, upon
conviction, is punishable by a fine not to exceed $500.
F.
Warning. The first time a child is detained by law enforcement officers for violation of this section, the parent, guardian, or person having legal custody may be advised as to the provisions of this section, and any violation of this section occurring thereafter by said child and parent, guardian, or person having legal custody shall result in a penalty being imposed in Subsection E above.
G.
Suggested warning format.
|
Name:
| |
|---|---|
|
The above-named juvenile was found in violation of the City
of Weyauwega Daytime Curfew Ordinance. As parents or guardians responsible
for such conduct and the welfare of this juvenile, you are hereby
served this curfew violation notice setting forth the manner in which
the law has been violated. The City of Weyauwega Daytime Ordinance
States:
|
|
No child subject to compulsory school attendance shall be at
any place within the City of Weyauwega, except in attendance at school
or at the student's place of residence, during the hours when that
student is required to be in attendance at either a public or private
school as required by law, unless that child has written proof from
school authorities excusing him/her from attending school at that
particular time, or unless the student is accompanied by a parent,
legal guardian or responsible adult selected by the parent or legal
guardian who supervises the student.
|
|
Parental violation. Each parent or legal guardian of a student
subject to the provisions of this ordinance shall have the duty to
prevent that student from violating the provisions of this ordinance
and each failure by that parent or guardian to do so is a separate
offense. To knowingly permit such child to again violate the provisions
of this ordinance, they shall be fined no more than $500 for each
offense. If a child knowingly violates the provisions of this ordinance,
the child shall be fined no more than $500 for each violation.
|
[Added 1-18-2021 by Ord.
No. 2020-5]
A.
HARMFUL TO MINORS
(1)
(2)
(3)
MINOR
NUDITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any reproduction, imitation, characterization, description,
exhibition, presentation or representation, of whatever kind of form,
depicting nudity, sexual conduct, or sexual excitement when it:
Predominately appeals to prurient, shameful, or morbid interest;
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material or conduct for
minors; and
Taken as a whole, is without serious literary, artistic, political,
or scientific value for minors.
Any person under the age of 18 years.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering; or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple; or the depiction of covered
male genitals in a discernibly turgid state. A mother's breastfeeding
of her baby does not under any circumstance constitute nudity, irrespective
of whether or not the nipple is covered during or incidental to feeding.
B.
A minor commits the offense of sexting if he or she knowingly:
(1)
Uses a computer, or any other device capable of electronic data
transmission or distribution, to transmit or distribute to another
minor any photograph or video of any person which depicts nudity,
as defined above, and is harmful to minors, as defined above.
(2)
Possesses a photograph or video of any person that was transmitted
or distributed by another minor which depicts nudity, as defined above,
and is harmful to minors, as defined above. A minor does not violate
this subsection if all of the following apply:
(3)
Uses a computer, or any other device capable of electronic data
transmission or distribution, to transmit or distribute to another
minor any text, correspondence, or message of a sexual nature when
it:
(a)
Predominately appeals to a prurient, shameful, or morbid interest;
(b)
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material or conduct for
minors; and
(c)
Taken as a whole, is without serious literary, artistic, political,
or scientific value for minors.
