(A) Definition of Firearm. Any rifle, pistol, shotgun, pellet gun or
other instrument used in the propulsion of shot, shell, pellet or
bullet.
(B) Prohibition. No person shall fire or discharge a firearm within or
into the following described area in the Village of Somers:
(1)
Commencing at a point where the south boundary of the Village
of Somers joins the water of Lake Michigan; thence northerly along
and upon the shore waters of Lake Michigan to the north boundary of
the Village of Somers (Kenosha-Racine County Line); thence westward
along the northern boundary of the Village of Somers to the east line
of the Chicago Northwestern Railway right-of-way thence southerly
along the east line of the Chicago Northwestern railway right-of-way
to the south line of the Village of Somers, (north line of the City
of Kenosha); thence easterly along and upon the south line of the
Village of Somers to the point of beginning.
No child 17 years of age or under shall loiter, idle or remain,
and no parent or guardian shall knowingly permit his child or ward
of such age to loiter, idle or remain in or upon the streets, alleys
or public places in the Village between the hours of 11:00 p.m. and
5:00 a.m. Sunday through Thursday, and 12:00 midnight to 5:00 a.m.
Friday and Saturday, unless such child is accompanied by a parent
or guardian or some person of lawful age having legal custody of such
child. This section shall not be construed to prohibit such child
from performing an errand or duty if directed by his parent or guardian
or of urgent necessity or from pursuing the duties of his employment
in an expeditious and orderly manner or from going to or from places
of business or amusement or private homes.
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, in or into any building, street, sidewalk, alley,
highway, park playground or other public place within the Village.
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 chapter as though set forth in full.
Permits for said sale shall be applied for to the Village Fire Chief
who shall review said request and determine the appropriateness of
the permit request utilizing the provisions of § 167.10,
Stats., and shall impose such conditions or insurance requirements
as the Village Fire Chief deems appropriate.
Between the hours of sunset and 6:00 a.m., no person shall make
or cause to be made any loud, disturbing or unnecessary sounds or
excessive noises which may annoy or disturb a person or ordinary sensibilities
in or about any public street, alley or park or any private residence
or business. Excessive noise shall include, but shall not be limited
to, loud playing of phonographs, tape players, radios, television
sets or other recorded music or musical instruments and construction
activities which generate unnecessary or excessive noise.
(A) Loitering or Prowling Prohibited Generally. No person shall loiter
or prowl in a place, at a time or in a manner not usual for law-abiding
individuals under circumstances that warrant alarm for the safety
of persons or property in the vicinity. Among the circumstances which
may be considered in determining whether such alarm is warranted is
the fact that the person takes flight upon appearance of a peace officer,
refuses to identify himself or herself and endeavors to conceal himself
or herself or any object. Unless flight by the person or other circumstances
makes it impracticable, a peace officer shall prior to any arrest
for an offense under this subsection, afford the person an opportunity
to dispel any alarm which would otherwise be warranted by requesting
him to identify himself or herself and explain his presence and conduct.
No person shall be convicted of an offense under this subsection if
the peace officer did not comply with the preceding sentence or if
it appears at trial that the explanation given by the person was true
and, if believed by the peace officer at the time, would have dispelled
the alarm.
(B) Obstruction of Traffic by Loitering. No person shall loiter upon
the public streets, alleys, sidewalks, street crossings or bridges
or in any other public place 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 or bridges or
other public places by persons passing along and over the same. It
shall be an offense under this subsection for a person to refuse to
discontinue such loitering after a request to do so by a police officer.
(C) Obstructing Street and Sidewalks - Prohibited. 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 to
or egress from any place of business or amusement of any church public
hall or meeting place.
(D) Obstruction of Entry Ways by Loitering. No person shall loiter upon
the public streets, private driveways or sidewalks or in adjacent
doorways or entrances so as to obstruct the free entry of persons
to the adjacent property, driveways, or other entrances to such property.
It shall be an offense under this subsection for a person to refuse
to discontinue such loitering after being requested to do so by a
police officer.
(E) Loitering in Places of Public Assembly or Use. No person shall by
loitering interfere with the free use of any place of public assembly
or public use by others using such place of public assembly. It shall
be an offense under this subsection for a person to refuse to discontinue
such loitering after a request to do so by a police officer or by
the person in charge of the place of public assembly.
(F) Loitering on Private Premises Without Invitation. No person shall
loiter on any private premises without invitation from the owner or
occupant. It shall be an offense under this subsection for a person
to refuse to discontinue such loitering after being requested to do
so by a police officer or by the owner or occupant of said premises
should it be a rental.
No person having in his possession or under his control any
animal or fowl shall allow the same to run at large within the Village.
Running at large shall mean the presence of any animal or fowl off
the premises of its owner or keeper on any public property, street,
roadway, thoroughfare or private property, without permission of the
owner and not on a leash or under the immediate control of the owner
or person in charge of said animal or fowl.
(A) Restricted. No person shall allow temporary or portable storage containers
with a capacity of more than two cubic yards to be stored upon property
or shall store junked or discarded property, including non-licensed,
inoperable automobiles, automobile parts, trucks, tractors, aquatic
vehicles, boats, snowmobiles, jet skis, refrigerators, furnaces, washing
machines, stoves, machinery or machinery parts, wood, bricks, cement
blocks or other unsightly building or miscellaneous debris which substantially
depreciates property values in the neighborhood, except enclosed in
a building or upon permit issued by the Village Board with proper
zoning being in effect for such operation.
(B) Order For Compliance. The Village President, Village Administrator
or Building Inspector or law enforcement officer may require by written
order any premises in violation of this subsection to be put in compliance
within the time specified in such order and, if the order is not complied
with, may take such steps as are necessary to have the premises put
in compliance and the cost thereof assessed as a special tax against
the property.
[Amended 10-11-2023 by Ord. No. 2023-032]
(A) Purpose. The purpose of this section is to prevent blight, to secure
health and humane living conditions, to protect the integrity of investments
in real property, to prevent the decline of real estate values, to
improve aesthetics and to protect the public health, safety and welfare.
In order to secure this goal, activities contrary to this section
are deemed to constitute a matter of public concern which must be
regulated or prescribed through the exercise of the Village's police
powers.
(B) Definitions.
(1)
VEHICLES — Includes mobile home, moped, UTV, ATV, motorbicycle,
motorbus, motorcycle, motor-driven cycle, motorhome, motortruck, automobile,
trailer, boat trailer, camping trailer, recreational vehicle or any
vehicle as defined in Chapter 340 of the Wisconsin Statutes, as may
be amended from time to time.
(2)
NUISANCE VEHICLES — Includes any inoperable, unlicensed,
unroadworthy, disassembled or wrecked vehicle. A vehicle for which
a license has been applied for shall be herein deemed a licensed vehicle
if proof of application is prominently displayed. Indication of a
nuisance vehicle may include, but shall not be limited to, the following:
(a)
A vehicle without a window or windows.
(b)
A vehicle with broken windows.
(c)
A vehicle with flat tires.
(d)
A vehicle without a motor, if a motor vehicle as defined in
Chapter 340 of the Wisconsin Statutes, as may be amended from time
to time.
(e)
A vehicle in such a condition that it cannot be operated without
being repaired.
(3)
REPAIR WORK — Includes mechanical, electrical and body
work, maintenance, construction, reconstruction, assembly, disassembly,
restoration, painting, upholstering or any similar or related work
performed on any vehicle.
(4)
STREET REPAIRS — Temporary repair work performed on a
vehicle in a manner and place which will not create a danger or hazard
to vehicular or pedestrian traffic.
(5)
TEMPORARY REPAIR WORK — Repair work which is performed
within 24 hours of a vehicle becoming unexpectedly unroadworthy on
a street, highway, or thoroughfare, which work will make or attempts
to make said vehicle roadworthy.
(6)
OWNER — The owner of any lot, premises, the occupants,
the tenants or lessees thereof and of any vehicle as defined herein
or mobile home.
(C) Prohibition. It shall be unlawful for any person, party, firm or
corporation to keep, place or store any nuisance vehicle or to perform
repair work or street repairs upon any public thoroughfare, street
or highway or upon any private or public property within the Village
in a manner inconsistent with this section.
(D) Repair Work - Limitations. Repair work may be performed upon observance
of the following conditions and restrictions:
(1)
Repair work upon residentially zoned private property cannot
be performed for financial gain or profit obtained through fees, barter,
work is performed, if such repair work is performed on a repeated
basis to a vehicle or vehicles, will be deemed to be repair or service
work on a commercial basis and there will be a presumption that such
repair work is done for fees, barter, charges or appreciation in value
to a vehicle purchased for the purpose of resale. Repair work upon
other than residentially zoned property shall be in accordance with
the Village's zoning ordinances and in compliance with the applicable
state, county and village laws, rules and regulations, licenses and
permits.
(2)
Except for authorized street repairs, repair work which renders
a vehicle inoperable for a period of more than three working days
must be performed in a garage or fenced-in area which screens repair
work from the view of the owners, users and occupiers of abutting
and neighboring properties and from the view of passersby using public
thoroughfares, streets and highways. All repair work performed in
a fenced-in area shall be completed within seven days of the day repair
work was begun on the vehicle.
(3)
Street repairs may be performed only within the scope of the
definition thereof.
(E) Nuisance Vehicles - Limitations. Nuisance vehicles may be kept, placed
or stored outside of a garage or enclosed structure only in conjunction
with a duly authorized and licensed auto sales, repair or salvage
business lawfully operated within a property zoned and in compliance
with all state and local laws, rules, regulations, licenses and permits.
(F) Nuisance Vehicles - Removal. Subject to the procedures herein set
forth, nuisance vehicles may be moved to a storage lot designated
by motion of the Village Board of Trustees, such removal to be made
by an authorized tow agency as designated by the Village Board at
the direction of the Sheriff's Department and at the cost and expense
of the owner of said vehicle or the owner of the real estate upon
which the vehicle was located when towed. Any vehicle so removed may
be disposed of by the tow agency, if unclaimed, through procedures
provided for in state and local law. Owners of nuisance vehicles or
persons who are in the possession of property upon which a nuisance
vehicle is located shall be provided with a ten-day written notice
by the Village, served personally or by registered or certified mail,
stating that they must abate the nuisance therein specified within
10 days or in the alternative the vehicle will be moved to a proper
vehicle storage lot by a tow as authorized herein and that the vehicle
owner or owner of the real estate shall be responsible for the payment
of the cost of removal, plus storage charges, and will be subject
to a forfeiture as herein provided. The 10 days herein provided for
shall continue to run even if the vehicle is temporarily removed for
a period of time or no action is taken to permanently abate the specified
nuisance. If at the end of the 10 days the nuisance has not been permanently
abated, the owner or bailee shall be in violation of this section
and shall be liable for a daily forfeiture commencing with the 11th
day following the date of notice by personal service or the 13th day
following the date of notice sent by registered or certified mail.
Unlicensed vehicles, except vehicles for which a license has been
applied for, and a record of application conspicuously displayed on
the front windshield, which are upon public throughfares, rights-of-way,
streets and highways may be removed without advanced notice. However,
within 24 hours of the tow of an unlicensed vehicle, there shall be
an attempt made by the Sheriff's Department to determine the name
of the owner and to serve the owner with a notice as to the location
of the vehicle and of the appropriate claim procedures which will
permit the owner to recover the vehicle. In the event that a vehicle
owner has been issued one or more notices of a violation of this section
within one calendar year, no further notice shall be necessary for
similar violations within the same calendar year, and, in such an
event, the investigating officer may, in his sole discretion, forgo
the issuance of the previously described ten-day notice and immediately
issue a citation for the violation of this section and/or immediately
remove the vehicle to a proper vehicle storage lot by a tow as authorized
herein and in such an event the vehicle owner or owner of the real
estate shall be responsible for the payment of the cost of removal,
plus storage charges, and will be subject to the forfeitures provided
herein, including imposition of a special assessment against the real
property upon which the vehicle was located before being towed.
(G) Storage Prohibited.
(1)
No person shall permit, allow or cause to be stored a vehicle
as defined herein to remain in the open upon private property within
the Village for a period in excess of 30 days, unless such storage
shall be in connection with a duly authorized sale, repair or storage
business enterprise located on a properly zoned and, if required by
law, a duly licensed premises.
(2)
Vehicles Stored: Private Property. The owner of any lot, plot
or premises within the Village upon which a vehicle, as herein defined,
is stored or permitted to remain, and the owner of any such vehicle,
shall jointly and severally be responsible for the prompt removal
of such vehicle to a completely enclosed building or buildings authorized
to be used for such storage purposes, or otherwise to remove the same
to a properly licensed location for disposal.
(3)
Vehicles Stored: Public Property. Whenever the Village Administrator,
Building Inspector or law enforcement officer shall find any vehicle
placed or stored on any Village property, roads or right-of-ways such
vehicle shall be removed to a licensed vehicle salvage yard and stored
for a period of 10 days. At the end of such period, the licensed salvage
yard may dispose of the vehicle, as allowed by state law, unless previously
claimed by the owner. The owner of any such vehicle removed from Village
properties, roads or rights-of-way shall be notified as soon as possible
after such removal of the salvage yard to which the vehicle has been
taken.
(4)
Notice. Whenever the Village Administrator, Building Inspector,
Village Board or law enforcement officer shall find any such vehicle
placed or stored in the open upon private property within the Village,
the owner of such property and the owners of the vehicle, if the owner
can be located, shall be given a written notice, by certified mail
or by personal service, to remove the vehicle within 10 days. Should
the vehicle not be removed by either the owner of the property (or
tenant/occupant) or owner of the vehicle, the Building Inspector,
the Village Board or the law enforcement officer shall, by judicial
process, take such steps as are necessary to have the vehicle removed
by a licensed salvage yard and the cost of removal shall be assessed
jointly and severally against the owner of the property upon which
the vehicle had been placed or stored and the owner of the vehicle.
(5)
Sale and Cost. When any such vehicle has been removed and placed
in storage by the Village, as herein provided, and such vehicle is
not claimed by its owner, the vehicle shall be sold by the Village
pursuant to state statute and the proceeds therefrom, if any, shall
be used to pay the costs for the removal and storage, the owner of
the land and the owner of the vehicle to be jointly and severally
liable for the balance of the costs, and should the proceeds be in
excess of the costs, the balance shall be paid to the owner of the
vehicle, if the owner can be found, or the owner of the premises.
(H) Abandoned Motor Vehicles. No person shall abandon or leave unattended
any motor vehicle, trailer, semitrailer, or mobile home on any public
highway or private or public property for such time and under such
circumstances as to cause the vehicle to reasonably appear to have
been abandoned and any vehicle that has been left unattended and without
the permission of the property owner for more than 24 hours within
the Village shall be deemed abandoned and constitute a public nuisance,
except that a motor vehicle shall not be considered an abandoned motor
vehicle when it is out of ordinary public view or when designated
as not abandoned by a law enforcement officer requested by the Village
to inspect said vehicle placement. A vehicle which constitutes a hazard
to traffic may be removed immediately by order of any law enforcement
officer. The County Sheriff shall immediately be advised of the description
of the vehicle and the place of impoundment.
(1)
Impoundment. Any vehicle in violation of this section shall
be impounded until lawfully claimed or disposed of as set forth in
this section, except that if the Village Administrator, Building Inspector
or law enforcement officer determine that the cost of towing and storage
charges for the impoundment would exceed the value of the vehicle,
the vehicle may be junked or sold by the Village pursuant to state
statute.
(I) Public Nuisance. Any vehicle defined in this section shall be declared
to be a public nuisance and an action to abate such nuisance shall
be in addition to any penalties hereinafter set forth.
(A) Except as otherwise provided herein, no person shall bring, sell
or consume any beer, fermented malt beverage, liquor or any other
intoxicating beverages in any public place, park or beach. Upon permit
duly issued by the Village Board, a bona fide club, civic organization,
lodge or society that has been in existence for at least six months
prior to the date of application may sell and consume fermented malt
beverages at a particular designated area during a particular picnic
or similar public gathering or at any meeting of such organization.
The Village Board may grant the permitted sale and consumption of
fermented malt beverages with such conditions as the Board may deem
fit and proper as to the handling, selling and consumption, and the
cleanup of area after the event.
(B) It shall be unlawful for any person to sell or serve or give to another
person, or offer to sell, serve or give to another person any fermented
malt beverage or intoxicating liquor while upon any public street,
sidewalk, parking lot or with any parked motor vehicle located on
any street within the Village.
(C) It shall be unlawful for any person to consume any fermented malt
beverage or intoxicating liquor or to possess the same in anything
other than a sealed container while upon any public street, sidewalk
or parking lot or with any parked vehicle located on any street within
the Village.
(D) It
shall be unlawful for any person under the age of 21 years to possess
or consume any fermented malt beverage or intoxicating liquor.
[Added 5-23-2023 by Ord. No. 2023-015]
(A) Definitions.
(1)
MOTOR VEHICLE — A motor vehicle owned, rented or co-signed
to a school.
(2)
SCHOOL — A public, parochial or private school which provides
an educational program for one or more grades between grades 1 and
12 and which is commonly known as an elementary school, middle school,
junior high school, senior high school or high school.
(3)
SCHOOL ADMINISTRATOR — The person designated by the governing
body of a school as ultimately responsible for the ordinary operations
of a school.
(4)
SCHOOL PREMISES — Premises owned, rented or under the
control of a school.
(B) Liquor Prohibited. Except as provided by sub. (c), no person may
possess or consume intoxicating liquor:
(2)
In a motor vehicle, if a pupil attending the school is in the
motor vehicle; or
(3)
While participating in a school sponsored activity.
(C) Exceptions. Intoxicating liquor may be possessed or consumed on school
premises, in motor vehicles or by participants in school-sponsored
activities if specifically permitted in writing by the school administrator
consistent with applicable laws and ordinances.
(D) Penalties. A person who violates this section is subject to a forfeiture
of not more than $200 except that the disposition and proceeding against
a person under 18 years of age shall be as provided by § 48.335,
Wis. Stats.
(A) No person shall have in his possession, use or keep any tetrahydrocannabinol,
Cannabis Sativa L or marijuana, unless such person possesses a prescription
from a licensed physician for the same.
(B) Any person who violates this section shall, upon conviction, be subject
to a forfeiture of not less than $200 nor more than $250 and, in default
of payment, shall be imprisoned in the County Jail for not less than
30 days nor more than 90 days.
(A) Definition. Drug paraphernalia means all equipment, products and
materials of any kind which are used, intended for use, or designed
for use, in the planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing,
testing, analyzing, packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the human
body a controlled substance in violation of this chapter. Drug paraphernalia
includes, but is not limited to the following:
(1)
Kits used, intended for use or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plant which is a controlled substance or from which a controlled substance
can be derived;
(2)
Kits used, intended for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances;
(3)
Isomerization devices used, intended for use or designed for
use in increasing the potency of any species of plant which is a controlled
substance;
(4)
Testing equipment used, intended for use or designed for use
in identifying, or in analyzing the strength, effectiveness or purity
of controlled substances;
(5)
Diluents and adulterants, such as quinine, hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use or designed
for use in cutting controlled substances;
(6)
Separation gins and sifters used, intended for use or designed
for use in removing twigs and seeds from, or in otherwise cleaning
or refining marijuana;
(7)
Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in compounding controlled substances;
(8)
Capsules, balloons, envelopes and other containers used, intended
for use or designed for use in packaging small quantities of controlled
substances;
(9)
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances;
(10)
Hypodermic syringes, needles and other objects used, intended
for use or designed for use in parenterally injecting controlled substances
into the human body; and
(11)
Objects used, intended for use or designed for use in ingesting,
inhaling or otherwise introducing marijuana, cocaine, hashish or hashish
oil into the human body, such as:
(a)
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls;
(c)
Carburetion tubes and devices;
(d)
Smoking and carburetion masks;
(e)
Roach clips: meaning objects used to hold burning material,
such as a marijuana cigarette, that has become too small or too short
to be held in the hand;
(f)
Miniature cocaine spoons and cocaine vials;
(B) Determination. In determining whether an object is drug paraphernalia,
a court or other authority shall consider, in addition to all other
logically relevant factors, the following:
(1)
Statements by an owner or by anyone in control of the object
concerning its use;
(2)
Prior convictions, if any, of an owner, or of anyone in control
of the object, under any state or federal law relating to any controlled
substances;
(3)
The proximity of the object, in time and space to a direct violation
of this chapter;
(4)
The proximity of the object to controlled substances;
(5)
The existence of any residue or controlled substances on the
object;
(6)
Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he or she knows, or should reasonably know, intend to use the object
to facilitate a violation of this chapter; the innocence of an owner,
or of anyone in control of the object, as to a direct violation of
this chapter shall not prevent a finding that the object is intended
for use, or designed for use as drug paraphernalia;
(7)
Instructions, oral or written, provided with the object concerning
its use;
(8)
Descriptive materials accompanying the object which explain
or depict its use;
(9)
National and local advertising concerning the object's use;
(10)
Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such
as a licensed distributor of tobacco products;
(11)
Expert testimony concerning its use.
(C) Possession of Drug Paraphernalia.
(1)
No person may use, or possess with the intent to use drug paraphernalia
to plant, propagate, cultivate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store,
contain, conceal, inject, ingest, inhale or otherwise introduce into
the human body a controlled substance in violation of this chapter.
Any person who violates this section shall be subject to a penalty
as is provided in the provisions of this Code.
(2)
Any person who violates this section who is under 18 years of
age is subject to a forfeiture of not more than $25 and to a disposition
under § 48.335, Wis. Stats., as may be amended from time
to time.
(D) Delivery of Drug Paraphernalia to a Minor.
(1)
Any person 18 years of age or over who violates the provisions
of this Code by delivering, drug paraphernalia to a person under 18
years of age who is at least two years younger than the violator shall
be subject to a fine of not less than $100 and not more than $500.
(2)
Any person who violates this section who is under 18 years of
age is subject to a forfeiture of not more than $25 and to a disposition
under § 48.335, Wis. Stats., as may be amended from time
to time.
(A) No person may knowingly deliver, attempt to deliver or cause to be
delivered a non-controlled substance and expressly or impliedly represent
to the recipient:
(1)
The substance is a controlled substance; or,
(2)
The substance is of a nature, appearance or effect that will
allow the recipient to display, sell, distribute or use the non-controlled
substance as a controlled substance.
(B) Proof of any of the following is prima facie evidence of a representation
specified in paragraph (A)(1) or (2):
(1)
The physical appearance of the finished product containing the
substance is substantially the same as that of a specific controlled
substance.
(2)
The substance is unpackaged or is packaged in a manner normally
used for the illegal delivery of a controlled substance.
(3)
The substance is not labeled in accordance with 21 U.S.C. 352
or 353.
(4)
The person delivering, attempting to deliver or causing delivery
of the substance to be made states to the recipient that the substance
may be resold at a price that substantially exceeds the value of the
substance.
(C) "Controlled substance", for purposes of this section, shall have
the same meaning as found in § 961.01(4), Wis. Stats., as
may be amended from time to time.
(D) A person convicted of violating this subsection may be fined not
more than $200.
(A) Definitions. "Toxic inhalants" shall mean any glue, gasoline, aerosol,
adhesive cement or any similar substance containing one or more of
the following volatile substances: Acetone, benzene, butyl alcohol,
cyclohexane, ethyl acetate, ethyl alcohol, ethylene dichloride, hexane,
isopropyl alcohol, methyl alcohol, methyl celosove, acetate, methyl
ethyl ketone, methyl isobutyl ketone, pentachlorophenol, petroleum
ether, trichlorethylene, tricresylphosphate, toluene, toluol, or any
other chemical capable of producing intoxication when inhaled.
(B) Inhalation of Vapors or Fumes From Toxic Inhalants Prohibited. No
person shall inhale or otherwise introduce into his respiratory tract
any toxic vapors or fumes which may be released from any toxic inhalants
with the intent of becoming intoxicated, elated, excited, stupefied,
irrational, paralyzed, or of changing, distorting, or disturbing his
eyesight, thinking process, judgment, balance or muscular coordination.
(C) Limitations on Sales, Transfers and Possession of Toxic Inhalants.
No person shall, for the purpose of violating or aiding another to
violate any provision of this section, possess, buy, sell, transfer
possession or receive possession of any toxic inhalants.
(A) Smoking Ban Adopted. The Village of Somers hereby adopts, by reference,
the provisions of § 101.123, Wis. Stats., smoking prohibited,
pertaining to the statewide smoking ban.
(B) Definitions. For purposes of the smoking ban in the Village of Somers,
the following definition shall apply instead of the definition found
in state statutes:
(1)
ELECTRONIC DELIVERY DEVICE — Any product containing or
delivering nicotine, lobelia, or any other substance intended for
human consumption that can be used by a person to simulate smoking
in the delivery of nicotine or any other substance through inhalation
of aerosol, mist, or vapor from the product. The term includes, but
is not limited to, devices manufactured, distributed, marketed, or
sold as electronic cigarettes or cigars, electronic pipes, personal
vaporizers, electronic nicotine delivery systems, vape pens, or electronic
hookahs.
(2)
ENCLOSED PLACE — All space between a floor and a ceiling
that is bounded by walls, doors, or windows, whether open or closed,
covering more than 50% of the combined surface area of the vertical
planes constituting the perimeter of the area. A wall includes any
retractable divider, garage door, or other physical barrier, whether
temporary or permanent. An 0.011 gauge screen with an 18 by 16 mesh
count is not a wall.
(3)
SMOKING — Burning or holding or inhaling or exhaling smoke,
mist, or vapor from any of the following items with the ability to
contain tobacco or nicotine products.
(d)
An electronic delivery device.
(e)
Any other lighted smoking equipment.
(C) Inspection and Enforcement. The Village Building Inspector and/or
Kenosha County Sheriff's Department shall have the power to enter
any premises subject to the smoking ban under state law to ascertain
whether the premises are in compliance with this section and take
appropriate enforcement action pursuant to this section.
(D) Penalty.
A violation of this section shall be subject to the penalty set forth
in § 25.04(A) of this Code.
[Added 6-29-2022 by Ord.
No. 2022-007]
(A) Statement of Purpose.
(1)
The purpose of this ordinance is to protect the public health,
safety and welfare of the property and persons in the city by prohibiting
persons under 18 years of age from possessing tobacco products and
vapor products, and prohibiting the sale of tobacco products and vapor
products to persons under 18 years of age.
(2)
Persons under age 18 are prohibited by law from purchasing or
possessing cigarettes and other tobacco products, and retailers are
prohibited from selling them to minors. There are new tobacco-less
products, however, commonly referred to as "electronic cigarettes,"
"e-cigarettes," "e-cigars," "e-cigarillos," "e-pipes," "e-hookahs,"
or "electronic nicotine delivery systems," which allow the user to
simulate cigarette smoking. These products may be purchased by minors
and are being marketed without age restrictions or health warnings
and come in different flavors that appeal to young people.
(3)
E-cigarettes, and similar devices, are a relatively new nicotine
delivery system. While devices vary in their appearance and specific
method of operation, they have a few basic elements in common. A solution
of water, dissolved nicotine, and other ingredients (usually flavoring)
is heated with a heating element (usually battery-powered). This vaporizes
the nicotine solution, which passes into a mouthpiece and is inhaled
in a manner similar to cigarette smoking. Often, glycerol or propylene
glycol is added to the solution to give the appearance of smoke when
the solution is vaporized. The concentration of nicotine contained
in the solution can be customized by the retailer to the buyer's specifications,
and many manufacturers make nicotine-free solutions.
(4)
The production and distribution of e-cigarettes is not currently
regulated by federal or state authorities, and the U.S. Food and Drug
Administration has not completed testing of these products. But, initial
studies by the FDA have determined that e-cigarettes can increase
nicotine addiction among young people and contain chemical ingredients
known to be harmful, which may expose users and the public to potential
health risks.
(5)
The use of e-cigarettes and similar devices has increased significantly
in recent years.
(6)
Existing studies on electronic smoking devices' vapor emissions
and cartridge contents have found a number of dangerous substances
including:
(a)
Chemicals known to cause cancer such as formaldehyde, acetaldehyde,
lead, nickel and chromium;
(b)
PM2.5, acrolein, tin, toluene, and aluminum,
which are associated with a range of negative health effects such
as skin, eye, and respiratory irritation, neurological effects, damage
to reproductive systems, and even premature death from heart attacks
and stroke.
(7)
Some cartridges used by electronic smoking devices can be refilled
with liquid nicotine solution, creating the potential for exposure
to dangerous concentrations of nicotine.
(8)
Clinical studies about the safety and efficacy of these products
have not been submitted to the FDA for the over 400 brands of electronic
smoking devices that are on the market and for this reason, consumers
have no way of knowing whether electronic smoking devices are safe,
what types of potentially harmful chemicals the products contain,
and what dose of nicotine the products deliver.
(9)
Electronic smoking devices often mimic conventional tobacco
products in shape, size, and color, with the user exhaling a smoke-like
vapor similar in appearance to the exhaled smoke from cigarettes and
other conventional tobacco products.
(10)
The use of electronic smoking devices in smoke-free locations
threatens to undermine compliance with smoking regulations and revers
the progress that has been made in establishing a social norm that
smoking is not permitted in public places and places of employment.
(11)
It is the intent of the city council, in enacting the ordinance
codified in this section, to provide for the public health, safety
and welfare by facilitating uniform and consistent enforcement of
smoke-free air laws; by reducing the potential for re-normalizing
smoking in public places and places of employment; by reducing the
potential for children to associate the use of electronic smoking
devices with a normative or healthy lifestyle; and by prohibiting
the sale or distribution of electronic smoking devices to minors.
(12)
Therefore, the Village Board of the Village of Somers determines
that prohibiting the sale, giving, or furnishing of e-cigarettes to
minors and prohibiting the purchase, possession, or use of e-cigarettes
by minors is in the Village's best interest and will promote public
health, safety, and welfare.
(B) Definitions. For the purpose of construction and application of this
section, the following definitions shall apply:
(1)
MINOR — An individual who is less than 18 years of age.
(2)
PERSON WHO SELLS TOBACCO PRODUCTS AT RETAIL — A person
whose ordinary course of business consists, in whole or in part, of
the retail sale of tobacco products subject to the state sales tax.
(3)
PERSON WHO SELLS VAPOR PRODUCTS AT RETAIL — A person whose
ordinary course of business consists, in whole or in part, of the
retail sale of vapor products.
(4)
POSSESSION OF A TOBACCO PRODUCT — Either actual physical
control of the tobacco product without necessarily owning that product,
or the right to control the tobacco product even though it is in a
different room or place than where the person is physically located.
(5)
PUBLIC PLACE — A public street, sidewalk, or park or any
area open to the general public in a publicly owned or operated building
or premises, or in a public place of business or school.
(6)
TOBACCO PRODUCT — A product that contains tobacco and
is intended for human consumption, including but not limited to, cigarettes,
non-cigarette smoking tobacco, or smokeless tobacco, as those terms
are defined in § 2 of the Tobacco Products Tax Act, and
cigars. Tobacco product does not include a vapor product or a product
regulated as a drug or device by the United States Food and Drug Administration.
(7)
USE A TOBACCO PRODUCT OR VAPOR PRODUCT — To smoke, chew,
suck, inhale, or otherwise consume a tobacco product or vapor product.
(8)
VAPOR PRODUCT — Any product containing or delivering nicotine,
lobelia, or any other substance intended for human consumption that
can be used by a person to simulate smoking in the delivery of nicotine
or any other substance through inhalation of vapor from the product.
Electronic delivery device shall include any component part of such
a product whether or not sold separately. Electronic delivery device
shall not include any product that has been approved or otherwise
certified by the United States Food and Drug Administration for legal
sales for use in tobacco cessation treatment or other medical purposes,
and is being marketed and sold solely for that approved purpose.
(C) Prohibited Conduct.
(1)
Consistent with § 254.92, Wis. Stats., a minor shall
not do any of the following:
(a)
Purchase or attempt to purchase a tobacco product or vapor product.
(b)
Possess or attempt to possess a tobacco product or vapor product.
(c)
Use a tobacco product or vapor product in a public place.
(d)
Present or offer to an individual a purported proof of age that
is false, fraudulent, or not actually his or her own proof of age
for the purpose of purchasing, attempting to purchase, possessing,
or attempting to possess a tobacco product or vapor product.
(2)
No individual, regardless of age, who is enrolled in secondary
school may possess or attempt to possess a tobacco product or vapor
product while on school property.
(3)
An individual who violates subsection
(1) shall be subject to the penalties listed in the juvenile bond schedule.
(4)
An individual who violates subsection
(2) shall be subject to the following penalties:
(a)
For the first violation, the person is responsible for a civil
infraction punishable by a civil fine of $50.
(b)
For a second and subsequent violation, the person is responsible
for a civil infraction punishable by a civil fine of $75.
(5)
Subsection
(1) does not apply to a minor participating in any of the following:
(a)
An undercover operation in which the minor purchases or receives
a tobacco product or vapor product under the direction of the minor's
employer and with the prior approval of the local prosecutor's office
as part of an employer-sponsored internal enforcement action.
(b)
An undercover operation in which the minor purchases or receives
a tobacco product or vapor product under the direction of the state
police or a local police agency as part of an enforcement action,
unless the initial or contemporaneous purchase or receipt of the tobacco
product or vapor product by the minor was not under the direction
of the state police or the local police agency and was not part of
the undercover operation.
(c)
Compliance checks in which the minor attempts to purchase tobacco
products for the purpose of satisfying federal substance abuse block
grant youth tobacco access requirements, if the compliance checks
are conducted with the prior approval of the state police or a local
police agency.
(6)
Subsection
(1) does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of that minor's employment.
(7)
This section does not prohibit an individual from being charged with, convicted of or found responsible for, or sentenced for any other violation of law that arises out of the violation of subsection
(1).
(D) Furnishing to Minors. Consistent with § 134.66, Wis. Stats.;
(1)
A person shall not sell, give or furnish any vapor product to
a minor, including, but not limited to, through a vending machine.
A person who violates this subsection or subsection (h) of this section
is subject to a fine of not more than $100 for each violation.
(2)
Subsection
(1) of this section does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of the minor's employment.
(3)
Before selling, offering for sale, giving, or furnishing a vapor
product to an individual, a person shall verify that the individual
is at least 18 years of age by doing one of the following:
(a)
Examining a government-issued photographic identification that
establishes that the individual is at least 18 years of age.
(b)
For sales made by the internet or other remote sales method,
performing an age verification through an independent, third-party
age verification service that compares information available from
a commercially available database, or aggregate of databases, that
are regularly used by government agencies and businesses for the purpose
of age and identity verification to the personal information entered
by the individual during the ordering process that establishes that
the individual is 18 years of age or older.
(A) Distribution of Obscene Material Prohibited. It shall be unlawful
for any person to cause to be sent or brought into the Village for
sale or distribution any material deemed to be obscene as hereinafter
defined. It shall also be unlawful for any person to prepare, publish,
print, exhibit, distribute, or offer for sale any obscene material.
(B) Definitions.
(1)
OBSCENE — Shall apply to any work or material commonly
referred to as hard core, which depicts or describes acts of sexual
intercourse, normal or perverted, actual or simulated; acts of masturbation;
fellatio; cunnilingus; acts of excretory function; lewd exhibition
of the genitals, especially in a stimulated condition; and sexual
relations between humans and animals, any of which taken as a whole
by the average person applying contemporary community standards would
be found to:
(a)
Appeal to the prurient interest in sex; and
(b)
Portray sexual conduct in a patently offensive way; and
(c)
In addition to findings of fact applying contemporary community
standards required by sub (a) and sub (b), there shall also be a finding
applying contemporary national standards, that said work or material
shall not have serious literary, artistic, political or scientific
value.
(2)
MATERIALS or WORK — Any book, magazine, newspaper, or
other printed or written material, or any picture, drawing, photograph,
motion picture, video tape, or other pictorial representation.
(3)
PERSON — Any individual, partnership, firm, association,
corporation or other legal entity.
(4)
DISTRIBUTE — Any transfer or possession with intent to
transfer, whether with or without consideration.
(C) Penalties. Any person convicted of violating this section shall,
upon conviction, forfeit the sum of not less than $100 nor more than
$500. Upon a conviction of a second offense within a twelve-month
period, any person shall forfeit not less than $200 nor more than
$500 and in lieu of payment shall be confined to the County Jail for
a period of not less than five nor more than 30 days. Each work or
piece of material defined herein shall constitute a separate offense
under this Chapter.
No person shall throw any glass, refuse, waste, filth or other
litter upon the street, 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.
No person shall resist or interfere with any officer of the
Village while such officer is doing any act in his official capacity
and with lawful authority, nor shall any person refuse to assist an
officer in carrying out his duties when so requested by the officer.
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 except during continuous construction.
All such places shall be filled, securely covered or fastened in such
manner as to prevent injury to any person; and any cover shall be
of such design, size and weight that the same cannot be removed by
small children. During continuous construction all excavations shall
be properly fenced to protect persons coming onto the premises.
No person shall leave or permit to remain outside of any dwelling,
building or other structure, or within any unoccupied or abandoned
building, dwelling or other structure under 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 devise which may not be released from
the inside unless such door or lid, snap lock or other locking devise
has been removed from such ice box, freezer, refrigerator or container
or unless such container is displayed for sale on the premises of
the owner or his agent and is securely locked or fastened. Abandoned
refrigerators, freezers or any freon containing appliances or hazardous
material shall be disposed of as required by the Wisconsin Department
of Natural Resources.
(A) No person shall engage in disorderly conduct in the Village. Any
of the following acts constitute disorderly conduct:
(1)
Making, aiding or assisting in making any improper noise, riot,
disturbance, breach of the peace or diversion tending to breach the
peace.
(2)
Assaulting, striking or deliberately injuring another person.
(3)
Engaging in or aiding or abetting any fight, quarrel or other
disturbance.
(4)
Disturbing any religious service, funeral, public or private
meeting, place of amusement, or assembly of persons.
(5)
Collecting in crowds for unlawful purposes, or for any purpose
to the annoyance or disturbance of other persons.
(6)
Loitering continuously in public places or being idle or dissolute
and going about begging.
(7)
Being intoxicated in public places, or in any place to the annoyance
and disturbance of other persons.
(8)
Resisting or obstructing the performance of one known to be
a law officer or any authorized act within the law officer's official
capacity; or impersonating a law officer.
(9)
Assisting any person in official custody of a peace officer
to escape or furnishing any weapon, drugs, liquor to any such person.
(10)
Assembling with two or more other persons for the purpose of
using force or violence to disturb the public peace.
(11)
Failing to obey a lawful order of dispersal by a person known
to be a peace officer, where three or more persons are committing
acts of disorderly conduct in the immediate vicinity, which acts are
likely to cause substantial harm or serious inconvenience, annoyance
or alarm.
(12)
Lodging in out-houses, sheds, barns, stables or unoccupied buildings,
or being a vagrant.
(13)
Engaging in any fraudulent scheme, device or trick to obtain
money or other valuable thing, or the practice of fortune telling,
palmistry, card reading, astrology, clairvoyancy or other scheme to
obtain money or other value.
(14)
Giving any false alarm of fire, danger or disturbance to any
person, or false information to any piece officer or fireman or any
Village officer.
(15)
Making a telephone call with intent to annoy another, whether
or not conversation ensue or using a computer to send messages for
the purpose of annoying another.
(16)
Engaging in obscene or indecent activities or entertainment,
or any lewd or lascivious behavior, or appearing in public in a state
of nudity.
(17)
Maintaining or being in houses of ill repute or gaming houses,
or engaging in or soliciting unlawful sexual actions.
(18)
Using any obscene, profane, threatening or inciting language
in any public or private place.
(19)
Throwing stones or missiles in public places or at any person
or property.
(20)
Damaging or defacing trees, bushes, gardens, fences, windows,
signs, buildings, monuments, or vehicles or engaging in any acts of
vandalism.
(21)
Sell or offer for sale any article, food or beverage, or perform
or offer to perform any service for hire in any public park or athletic
field within the Village without first obtaining a written permit
to carry on such activity. Applications for such permits shall be
addressed to the Village Board on forms to be provided by the Village
Clerk/Treasurer, and the Village Clerk/Treasurer shall issue such
permit only upon approval of the application by the Village Board.
(22)
Obstruct, interfere or resist any member of the Fire Department,
Rescue Squad or Public Works Department while engaging in or traveling
to or from or otherwise engaging in the performance of any duty or
official function, or to willfully damage or destroy any property
belonging to the Village's Fire Department, Rescue Squad or Public
Works Department or any member thereof, or to commit any assault,
battery or throw any object upon any member of the Fire Department,
Rescue Squad or Public Works Department while engaged in any official
function.
(A) Whoever knowingly resists or obstructs an officer while such officer
is doing any act in an official capacity and with lawful authority
is guilty of a violation of this ordinance.
(1)
In this section:
(a)
"Obstructs" includes without limitation knowingly giving false
information to the officer or knowingly placing physical evidence
with intent to mislead the officer in the performance of his or her
duty including the service of any summons or civil process.
(b)
"Officer" means a peace officer or other public officer or public
employee having the authority by virtue of the officer's or employee's
office or employment to take another into custody.
(B) Whoever by violating this section hinders, delays or prevents an
officer from properly serving or executing any summons or civil process,
is civilly liable to the person injured for any actual loss caused
thereby and to the officer or the officer's superior for any damages
adjudged against either of them by reason thereof.
(A) Purpose. Chapter 943 and Sec. 939.05 of the Wisconsin Statutes, as
may be amended from time to time, are hereby adopted in order to secure
regulation of a variety of prohibited activities within the Village.
(B) State Laws Adopted. All provisions of Chapter 943 and Sec. 939.05,
Wis. Stats., are hereby adopted by reference. Violations shall be
subject to the provisions contained in § 9.25(A) of these
Ordinances.
(A) Definitions.
(1)
MOPED — A bicycle type motor vehicle with fully operative
pedals for propulsion by human power which has an engine certified
by the manufacturer at not more than 50 cubic centimeters and an automatic
transmission, the maximum designed speed shall not exceed 30 miles
per hour on level ground.
(2)
MOTOR BICYCLE — A bicycle to which a motor with a horsepower
capacity of one horsepower or less has been added to permit the vehicle
to travel at a speed of 25 miles per hour or less. A motor bicycle
is distinguished from a power driven cycle, motorcycle or moped in
which the motor is an integral part of the original vehicle.
(3)
MOTOR DRIVEN CYCLE — Any motor vehicle designed to travel
on not more than three wheels in contact with the ground and having
a seat for the use of the rider including motorcycles and motor driven
cycles but excluding tractors, motor bicycles and mopeds.
(4)
MOTORCYCLE — A motor driven cycle which does not come
within the definition of power driven cycle, and a power driven cycle
means a motor driven cycle weighing between 100 and 300 pounds fully
equipped but without gasoline or oil and designed to travel not more
than 35 miles per hour with a 150 pound rider on a dry, level and
hard surface with no wind.
(5)
SNOWMOBILE — Any engine driven vehicle which utilizes
sled-type runners or skis or an endless belt tread, or any combination
thereof, or similar means of contact with the surface when operated.
(6)
A.T.V. (All Terrain Vehicle) — Any three- or four-wheel
vehicle which is designed for off road use that does not meet the
definitions listed above.
(B) Operation Restricted.
(1)
No person shall operate a moped, motor bicycle, motor driven
cycle, motorcycle, snowmobile or A.T.V. within the Village of Somers
except on public streets, public highways or on trailways specifically
laid out, developed and marked for use by such vehicles and as may
be permitted by statutes of the State of Wisconsin. The operation
of the described vehicles on private property is prohibited unless
the operation of such vehicle shall be by the owner of the property
or have in his possession written consent of the property owner.
(2)
Section
9.05 of this Code relating to loud and unnecessary noise shall apply to the use and operation of the vehicles defined herein.
(A) No person shall:
(1)
Willfully or maliciously inflict unnecessary or needless cruelty,
abuse or cruelly beat any animal including any act or omission or
neglect whereby unnecessary or unjustified pain, suffering or death
is rendered to said animal, whether said animal shall belong to the
person or to anyone else.
(2)
Abandon any animal on any public street, road or premises other
than that of the owner.
(3)
Torment, badger, throw stones or materials at any animals that
have been tied, caged or confined to an enclosed area.
(4)
Use any type of collar on an animal that is spiked or pronged
unless such collar is being used for training purposes by a animal
trainer.
(5)
Leave any animal in a motor vehicle without proper ventilation
during the months of May through October.
(6)
Nothing in this ordinance shall prevent a person from using
reasonable force to drive off a vicious or trespassing animal except
that no person may intentionally kill a dog or cat unless the person
is threatened with serious bodily harm by the dog or cat and other
restraining actions were tried and failed or immediate action is necessary.
This ordinance shall not apply to a law enforcement officer, humane
officer or veterinarian or a person killing his or her own dog or
cat in a proper and humane manner.
(B) Food And Shelter.
(1)
No person owning or responsible for confining or impounding
any Animal shall refuse or neglect to supply the animal with sufficient
supply of food to maintain the animal in good health and a supply
of potable water at all times in sufficient quantity for the health
of the animal.
(2)
Proper Shelter. No person owning or responsible for confining
or impounding any animal shall fail to provide any such animal with
proper shelter, which for indoor standards shall, at a minimum, mean
shelter to include the ambient temperature compatible with the health
of the animal and adequate ventilation by natural or mechanical means
to provide for the health of the animal at all times.
(3)
Outdoor Standards. Minimum outdoor standards of shelter shall
include shelter from sunlight when it is likely to cause heat exhaustion
of an animal. There shall be sufficient shade by natural or artificial
means to provide the animal with protection from direct sunlight,
and there shall be natural or artificial shelter appropriate as may
be necessary for the health of the animal.
Nothing in this section shall be construed as posing shelter
requirements or standards for farm animals more stringent than normally
accepted husbandry practices in this environment.
(4)
Dogs Shelter. In the case of dogs which can be tied or confined
out of doors under weather conditions which adversely affect the health
of the dog, a shelter shall be of suitable size to accommodate the
dog and allow a retention of body heat. Said shelter shall be made
of a durable material with a solid floor of not less than two inches
from the ground with an entrance to the shelter covered by a flexible
wind proof material. In addition, the structure shall be provided
with sufficient quantity of bedding to provide insulation and protection
against adverse weather.
(C) Sanitation. The owner or person responsible for confining or impounding
any animal shall maintain a minimum standard of sanitation for both
indoor and outdoor enclosures which shall include a periodic cleaning
for the removal of animal wastes and other waste materials, dirt and
trash which would constitute a health hazard to the animal.
(D) Confinement of Female Dog or Cat. Any person owning or responsible
for keeping a female dog or cat shall, when such female dog or cat
is in season, keep said animal confined in a building or secure kennel
enclosure, a veterinary hospital or boarding kennel, during such time
as said female animal is in such season.
(E) Enforcement. Any law enforcement officer or humane officer, may remove
and impound in a suitable impoundment any animal found to be kept
in neglect or in violation of the standards set forth in this ordinance.
The officer shall immediately notify the owner of said animal, if
the owner can be found, of such impoundment and said owner shall be
responsible for any costs or expenses connected with the care, keeping
and medical attention connected with the treatment of any impounded
animal. If an owner cannot be found or is unknown the animal shall
be treated as a stray as provided by Wisconsin Statutes.
(F) Law Enforcement Officer. This ordinance, §
12.02 and §
12.03 of Chapter
12 may be enforced by any peace officer, or humane officer appointed by resolution of the Village Board.
(G) Penalties. Any person convicted of violation of this ordinance shall
pay all costs connected with impoundment and prosecution as provided
by Wisconsin Statutes together with a forfeiture of not less than
$25 or more than $200 for the first offense and not less than $100
or more than $500 for the second offense within one year.
[Amended 7-13-2021 by Ord. No. 2021-024]
(A) It
shall be unlawful for any person, except the visually or physically
handicapped, to cause or permit any and all animals under a person's
control to be on property, public or private, not owned or possessed
by such person unless such person has in his immediate possession
an appropriate device for scooping excrement and an appropriate depository
for the transmission of excrement to a receptacle located upon the
property owned or possessed by such person.
(B) It
shall be unlawful for any person, except the visually or physically
handicapped, in control of any and all animals to cause or permit
any animal to be on any property, public or private, not owned or
possessed by such person to fail to scoop and remove excrement left
by such animal to a proper receptacle located on property owned or
possessed by such person.
(A) Prohibition. It shall be unlawful for any person, except law enforcement
officers who shall include a deputy sheriff, a police officer, a University
of Wisconsin-Parkside police officer, a sworn employee of the Wisconsin
Department of Justice or a sworn employee of an agency of the federal
government or state government who is licensed to carry a firearm,
to possess while in any building owned by the Village a firearm whether
concealed or unconcealed. For purposes of this section, a "building
owned by the Village of Somers" shall include the Village Hall, any
fire station, public works garage or facility or other Village-owned
building to which an occupancy permit has been issued.
(B) Penalties. Any person convicted of a violation of this ordinance shall pay all costs connected with the prosecution of the action together with a forfeiture of not less than those sums described in §
9.25 of the Code of Ordinances.
[Amended 6-29-2022 by Ord. No. 2022-006; 5-9-2023 by Ord. No. 2023-012]
(A) Except for §
9.23 (Cruelty to animals), for which there shall be a penalty of $187 for a violation thereof, and except for violations for shoplifting written under §
9.216 which shall be subject to Subsection
(B), below, other violations of the provisions of this chapter shall be subject to the penalty provisions contained in §
25.04 of the Code of Ordinances.
(B) Any person who shall be found guilty of a violation for shoplifting under §
9.216 shall be subject to a forfeiture of not less than $500 but not more than $1,000 for the first offense and $1,000 but not more than $2,500 for the second offense within one year of conviction of the first offense.
[Amended 6-14-2023 by Ord. No. 2023-020]
(A) Purpose. The purpose of this section is to provide administrative
and civil remedies against businesses that permit, allow, or fail
to prevent excessive calls for police services related to retail theft
and businesses that habitually fail to file a criminal complaint against
an alleged perpetrator after making a call for police service, all
of which compromise the public health, safety and welfare of the Village.
(B) Definitions. As used herein, the following terms shall have the meanings
indicated:
(1)
BOARD — Village Board of the Village of Somers.
(2)
BUSINESS — Any individual, sole proprietor, corporation,
limited liability company and any other type of business entity which
engages in business or commercial activities, including the sale of
goods, within the Village.
(3)
CALENDAR MONTH — The period which begins on the first
day of one of the months as named in the calendar and which ends on
the last day of that same month as named in the calendar.
(4)
MANAGER — The individual or entity that is responsible
for management of a business as defined herein.
(5)
OWNER — The individual or entity which owns a business
as defined herein.
(6)
POLICE — The Kenosha County Sheriff's Department.
(7)
POLICE SERVICE COST — The costs as established in Subsection
(C) below.
(8)
POLICE SERVICE COST INVOICE — The invoice to be produced pursuant to Subsection
(D) below.
(9)
RETAIL THEFT — Theft of merchandise or goods from a business
as defined herein.
(10)
RETAIL THEFT CALL — A call made to the police by a representative
of a business to report an incident, or suspected incident, of retail
theft. For purposes of this section, each citation issued shall be
considered a separate retail theft call.
(11)
RETAIL THEFT INCIDENT — A citation filed in Municipal
Court or criminal charges filed in Circuit Court by a witness to a
retail theft event alleging a retail theft event.
(12)
VILLAGE — Village of Somers, Kenosha County, Wisconsin.
(C) Cost Recovery Required for Excessive Retail Theft Calls.
(1)
Every owner and/or manager responsible for the management and
regulation of a business is required to pay police service costs of
$500 for:
(a)
Each retail theft call in excess of 10 within a calendar month;
and/or
(b)
Each retail theft call which does not result in the filing of
a municipal citation by the business in excess of two within a calendar
month.
(D) Billing. Police service costs due in accordance with this section
shall be billed to the owner and/or manager with responsibility to
manage the business by the Village through a police service cost invoice
and shall be due and payable within 30 days of such billing. Unpaid
bills shall be placed on the property tax rolls as a special charge
per § 66.0627, Wis. Stats.
(A) Purpose. As provided in § 942.10, Wis. Stats., which is
hereby adopted by reference, no person shall use a drone, as defined
in § 175.55(1)(a), Wis. Stats., with the intent to photograph,
record or otherwise observe another individual in a place or location
where the individual has a reasonable expectation of privacy. This
section does not apply to a law enforcement officer authorized to
use a drone pursuant to § 175.55(2), Wis. Stats.
(B) Definition of Drone. As provided in § 175.55(1)(a), Wis.
Stats., a "drone" means a powered, aerial vehicle that carries or
is equipped with a device that in analog, digital or other form, gathers,
records or transmits a sound or image, that does not carry a human
operator, uses aerodynamic forces to provide vehicle lift and can
fly autonomously or be piloted remotely. A drone may be expendable
or recoverable.
(C) Interference with Police, Fire, Rescue or Other Emergency Services.
Irrespective of the other restrictions imposed by federal, state or
local ordinance, in the event that the operation of a drone interferes
with the implementation of emergency services, any sheriff's deputy,
law enforcement officer or Village Fire Department officer may take
such steps as are necessary to eliminate the interference with such
emergency activities including, but not limited to, confiscation of
a drone or drone operating equipment. For purposes of this ordinance,
emergency services shall include law enforcement investigations, searches,
rescue and recovery activities or the rendering of emergency services
at fires and/or first responder calls. In the event that a person
violates this subsection, that person shall be subject to the penalties
provided in subsection (D) below.
[Added 2-27-2024 by Ord. No. 2024-002]
(A) No
driver of any vehicle shall cause, by excessive and unnecessary acceleration,
the tires of such vehicle to spin and emit loud noises or to unnecessarily
throw stones or gravel; nor shall such driver cause to be made by
excessive and unnecessary acceleration any loud noise as would disturb
the public peace.
(B) No
person shall start or accelerate any motor vehicle, motor-driven cycle
or motor-driven machinery with an unnecessary exhibition of speed
or power on any public or private way.
(C) Prima
facie evidence of such unnecessary exhibition of speed or power shall
include unreasonable squealing or screeching sounds emitted by the
tires, the throwing of sand or gravel by the tires, the spinning of
tires, or excessive noise of the engine. An "unnecessary exhibition
of speed" shall mean speed greater than necessary to accelerate into
the traffic flow.
(D) Anyone violating the terms of this section shall be subject to the forfeiture provisions contained in §
25.04 of these ordinances.