[HISTORY: Adopted by the City Council of the City of Edgerton 3-1-1993 by Ord. No. 2-93 (§§ 16.01 through 16.08, 16.10 through 16.47 of the
1993 Municipal Code). Amendments noted where applicable.]
No person shall within the City:
A.
Disturbance. On any public or private property engage in violent,
abusive, indecent, profane, boisterous, unreasonable loud, or otherwise
disorderly conduct which tends to cause or provoke an immediate disturbance
of public order or tends to disturb or annoy any other person.
B.
Fights. Intentionally cause, provoke, or engage in any fight, brawl,
riot or noisy altercation other than a bona fide athletic contest.
C.
Battery. Cause bodily harm to another, as "bodily harm" is defined
in § 939.22(4), Wis. Stats., by an act done with intent
to cause bodily harm to that person or another without consent of
the person so harmed.
No person shall prowl about the premises of another or peek
in windows on another's premises, or do any other act intended, or
naturally tending, to frighten or alarm another person.[1]
No person shall remain in any group or crowd upon any public
street, sidewalk, or adjacent doorways or entrances, streets or bridges
or any other public places under circumstances in which conduct tends
to cause or provide a disturbance after being requested to move on
by any police officer.
No person shall disturb the peace or good order of the City
in any manner nor disturb or annoy any congregation, audience, public
meeting, or lawful assembly of people of any kind, or join others
in doing so.
A.
Prohibited. No student, who is under suspension, expulsion, exemption
or other discipline excluding him from attending school under the
jurisdiction of the School District of the Edgerton Board of Education
or not an employee of such School District, or any person who is not
a parent or guardian of a student so enrolled, or any person who is
not an otherwise authorized person, shall be present within any school
building or upon any school grounds under the jurisdiction of such
school board without having first secured authorization to be there
from the principal or other person in charge of such school building
or school grounds except while in direct route to secure such authorization.
"Authorized persons" shall include any person who is present at any
school building or school ground for any purpose previously authorized
by the Board of Education or its designee.
B.
Display of authorization required. Any person shall, upon request
of the principal or other person in charge of any school building
or upon any school grounds under the jurisdiction of such school board
or upon request of any police officer, display any written authorization
to be present which he may have in his possession or otherwise, explain
his presence or his status as such student, employee, parent or guardian
or authorized person.
A.
Prohibited.
(1)
No person 17 or under shall be on foot, bicycle, or in any type of
vehicle on any public street, avenue, alley, park, school grounds
or other public places in the City between the hours of 11:00 p.m.
and 5:00 a.m. of the following day Sunday through Thursday and between
the hours of 12:00 midnight and 5:00 a.m. of the following day on
Friday and Saturday, unless accompanied by his parent of guardian
or person having lawful custody and control of his person or unless
there exists a reasonable necessity therefor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
The fact that the child, unaccompanied by parent, guardian or other
person having legal custody, is found upon any street, alley or public
place during the aforementioned hours shall be prima facie evidence
that the child is there unlawfully and that no reasonable excuse exists
therefor.
C.
Responsibility of guardian. No parent, guardian or other person having the lawful care, custody and control of any person under the age of 18 shall allow or permit such person to violate the provisions of § 305-6A.
D.
Responsibility of person operating places of amusement. No person
operating or in charge of any place of amusement, entertainment, refreshment
or other place of business shall permit any minor under 18 to loiter,
loaf or idle in such place during the hours prohibited by this section.
Whenever the person operating or in charge of any place of amusement,
entertainment, refreshment or other place of business during the hours
prohibited by this section finds a person under 18 loitering, loafing
or idling in such place of business, he shall immediately order such
person to leave and if such person refuses to leave, the operator
shall immediately notify the Police Department and inform them of
the violation.
No person shall do any of the following:
A.
Consent required. Enter any enclosed or cultivated land, or property,
of another for any purpose without the express or implied consent
of the owner or occupant.
B.
Notice. Enter or remain on any land or other property of another
after having been notified by the owner or occupant not to enter or
remain on the premises. Notice may be oral, written, or by the posting
of signs.
C.
Trespass by motor vehicle. Enter any enclosed or cultivated land
or other property of another with a vehicle of any kind without the
express or implied consent of the owner or occupant.[1]
D.
Trespass to dwellings. Enters the dwelling of another without the
consent of some person lawfully upon the premises or owner of the
premises under circumstances tending to create or provoke a breach
of the peace.
E.
Type of notice. For purposes of this section a person has received
notice from the owner or occupant within the meaning of this section
if he has been notified personally, either orally or in writing or
if the land or property is posted.
No person shall use any profane, vile, filthy, or obscene language
in any public place within the hearing of other persons in such places.
No person shall conduct himself in any indecent, lewd, lascivious,
or obscene manner within the City.
No person shall give any show, exhibition, amusement, or entertainment
which is immoral or indecent.
No person of either sex shall improperly accost, ogle, insult,
follow, pursue, lay hands on or otherwise molest any person.[1]
No person shall keep any house of ill fame or other disorderly
house or resort, and no person shall frequent any such house or resort
for the purpose of prostitution or lewdness.
A.
Keeping of gambling places forbidden. No person shall keep any gambling
resort, or keep or use any article or device for gambling purposes,
or permit any such person to gamble, bet or play for money or gain,
with or by means of any such article or device, in any room or place
under his control, nor shall any person gamble, bet or play for money
or gain with or by means of any such article of device that is not
otherwise permitted by state law.
B.
Gambling, lotteries, fraudulent devices and practices prohibited.
All forms of gambling, lotteries, and fraudulent devices and practices
are prohibited within the City unless otherwise permitted by state
law. Any peace officer or police officer may seize anything devised
solely for 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.
CANNABIS
CASUALLY POSSESS
MARIJUANA
PRACTITIONER
(1)
(2)
PUBLIC PLACE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The resin extracted from any part of the plant Cannabis sativa
L., or any other nonfibrous extract from any part of the plant containing
Delta-9 tetrahydrocannabinol.
The possession of not more than 28 grams of a substance containing
cannabis or 112 grams of marijuana.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
All parts of the plant Cannabis sativa L., whether growing
or not; the seeds thereof; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds. It
does not include cannabis or any other compound, manufacture, salt
derivative, mixture, or preparation of the mature stalks, fiber oil,
or cake, or the sterilized seed of the plant which is incapable of
germination.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A physician, dentist, veterinarian, podiatrist, scientific investigator,
or other person licensed, registered, or otherwise permitted to distribute
dispense, conduct research with to or administer a controlled substance
in the course of professional practice or research in this state.
A pharmacy, hospital, or other institution licensed, registered,
or otherwise permitted to distribute, dispense, conduct research with
respect to, or administer a controlled substance in the course of
professional practice of research in this state.
A place which is in public ownership or a place to which
the public has access; distinguished from a private place.
B.
Marijuana and cannabis.
(1)
Possession. No person shall casually possess marijuana or cannabis
unless such marijuana or cannabis was obtained directly from or pursuant
to a valid prescription or order of a practitioner while acting in
the course of her, his, or its professional practice.
(2)
Penalties. A person in violation of § 305-14B(1) may be subject to a forfeiture of not more than $500 together with the costs of prosecution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Penalty for production. Any person who knowingly possesses or produces
the Cannabis sativa plant may be subject to a forfeiture of not less
than $100 nor more than $500 together with the costs of prosecution,
and in default of payment of such forfeiture and costs of prosecution,
may be imprisoned in the Rock County Jail until such forfeiture and
costs of prosecution are paid, but not to exceed 90 days, or may have
their driver's license suspended or the court may impose any other
penalty as provided by state statute.
C.
Synthetic cannabinoid prohibited.
(1)
Possession, use and sale. It shall be illegal for any person to use,
possess, purchase, attempt to purchase, sell, publicly display for
sale or attempt to sell, give, or barter any one or more of the following
chemicals whether under the common street or trade names of "Spice,"
"K2," "Genie," "Yucatan Fire," or "new" marijuana, or by any other
name, label, or description.
(a)
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;
(b)
HU-210: (6aR, 10aR)-9-(hydroxymethyl-6, 6dimethyl-3-(2methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo[c] chromen-1-ol; some trade or other names;
(c)
JWH-018/spice: 1-Pentyl-s-(1-naphthoyl) indole; some trade or
other names;
(d)
JWH-073: 1-Butyl-3-(1-naphthoyl) indole; some trade or other
names;
(e)
TFMPP: 1-(3{trifluoromethylphenyl}) piperazine-some trade or
other names;
(f)
Or any similar structure analogs.
(2)
Medical or dental use. Acts otherwise prohibited under § 305-14C(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.
(3)
Penalties. Any person violating this subsection 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Drug paraphernalia prohibited. Wis. Stats., § 961.573,
is adopted by reference, together with all penalties provided, and
made a part of this chapter as if fully set forth herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall, without reasonable excuse or justification,
resist, obstruct or in any way interfere with any officer of the City
while such officer is doing any act in his official capacity and with
lawful authority. "Obstruct" 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.
No person shall impersonate a police officer or peace officer
within the City.
No person shall willfully injure or intentionally deface, destroy,
or remove, take or meddle with any property belonging to the City
or its departments or to any private person without the consent of
the owner or proper authority.
A.
No person shall dump, deposit, place, throw, abandon, or otherwise
dispose of any can, bottle, paper, debris, refuse or other solid waste
material in any public place or any property owned or operated by
the City of Edgerton except by leaving in receptacles provided for
that purpose.
B.
No person shall dump, deposit, place, throw, abandon, or otherwise
dispose of any can, bottle, paper, debris, refuse or other solid waste
material on or along any highway or on any private place.
No person shall molest any bird or animal or their nests or
dens on any public property or river bank.
A.
Checks less than $1,000. Whoever issues any check or other order
for the payment of money less than $1,000 which, at the time of issuance,
he or she does not intend to pay is guilty of a violation of this
section and the penalties for such actions are set forth below.
B.
Prima facie evidence. Any of the following is prima facie evidence
that the person at the time he or she issued the check or other order
for payment of money, intended it should not be paid:
(1)
Proof that, at the time of issuance, the person did not have an account
with the drawee; or
(2)
Proof that, at the time of issuance, the person did not have sufficient
funds or credit with the drawee and that the person failed within
five days after receiving notice of nonpayment or dishonor to pay
the check or other orders; or
(3)
Proof that, when presentment was made within a reasonable time, the
person did not have sufficient funds or credit with the drawee and
the person failed within five days after receiving notice of nonpayment
of dishonor to pay the check or other order.
A.
MERCHANT
VALUE OF MERCHANDISE
(1)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes any "merchant" as defined in § 402.104(3),
Wis. Stats., or subsequent amendments to said statute, or any innkeeper,
motelkeeper or hotelkeeper.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
For property of the merchant, the value of the property.
For merchandise held for resale, the merchant's stated price
of the merchandise or, in the event of altering, transferring or removing
a price marking or causing a cash register or other sales device to
reflect less than the merchant's stated price, the difference between
the merchant's stated price of the merchandise and the altered price.
B.
Alteration of price prohibited. Any person who intentionally alters
indicia of price or value of merchandise or who takes and carries
away, transfers, conceals or retains possession of merchandise held
for resale by a merchant or property of the merchant without his or
her consent and with intent to deprive the merchant permanently of
possession, or the full purchase price of the merchandise, may be
penalized as provided in the State Bond Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Concealment prohibited. Intentional concealment of unpurchased merchandise
which continues from one floor to another or beyond the last stations
for receiving payments in a merchant's store is evidence of intent
to deprive the merchant permanently of possession of such merchandise
without paying the purchase price thereof. The discovery of unpurchased
merchandise concealed upon the person or among the belongings of such
person or concealed by a person upon the person or among the belongings
of another is evidence of intentional concealment on the part of the
person so concealing such good.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Probable cause to detain suspects. A merchant or merchant's adult
employee who has probable cause for believing that a person has violated
this section in his or her presence may detain the person in a reasonable
manner for a reasonable length of time to deliver the person to a
peace officer, or to his or her parent or guardian in the case of
a minor. The detained person must be promptly informed of the purpose
for the detention and be permitted to make phone calls, but he or
she shall not be interrogated or searched against his or her will
before the arrival of a peace officer, who may conduct a lawful interrogation
of the accused person. Any merchant or merchant's adult employee who
acts in good faith in any act authorized under this section is immune
from civil or criminal liability for those acts.
E.
Evidence. In any action or proceeding for violation of this section,
duly identified and authenticated photographs of merchandise which
was the subject of the violation may be used as evidence in lieu of
producing the merchandise.
F.
Removal of shopping carts. No person shall intentionally remove a
shopping cart or stroller from either the shopping area or a parking
area adjacent to the shopping area to another place without authorization
of the owner or person in charge.
A.
No person shall intentionally take and carry away, use, transfer,
conceal, or retain possession of movable property of another without
his express consent and with intent to deprive the owner permanently
of possession of such property.
B.
MOVABLE PROPERTY
PROPERTY
PROPERTY OF ANOTHER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Property whose physical location can be changed, without
limitation, including gas and electricity, documents which represent
or embody intangible rights, and things growing on, affixed to or
found in land.
All forms of tangible property, whether real or personal,
without limitation, including electricity, gas and documents which
represent or embody a choice in action or other intangible rights.
Includes property in which the actor is a co-owner and property
of a partnership of which the actor is a member, unless the actor
and the victim are husband and wife.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Under this section, prima facie evidence of an intent to defraud
is shown by:
A.
The refusal of payment upon presentation when due, and the return
unpaid of any bank check or order for the payment of money, given
by any guest to any campground, hotel, motel, boardinghouse or lodging
house, or restaurant, in payment of any obligation arising out of
the relationship as guest. Those facts also constitute prima facie
evidence of an intent to abscond without payment.
B.
The failure or refusal of any guest at a campground, hotel, motel,
boardinghouse or lodging house or restaurant, to pay, upon written
demand, the established charge for food, lodging or other service
or accommodation actually rendered.
C.
The giving of false information on a lodging registration form or
the presenting of false or fictitious credentials for the purpose
of obtaining lodging or credit.
D.
The drawings, endorsing, issuing or delivering to any campground,
hotel, motel, boardinghouse or lodging house, or restaurant, of any
check, draft or order for payment of money upon any bank or other
depository, in payment of established charges for food, lodging or
other service or accommodation, knowing at the time that there is
not sufficient credit with the drawee bank or other depository for
payment in full of the instrument drawn.
A.
Telephone. Whoever does any of the following shall be, upon conviction, subject to a forfeiture presented in § 305-45 of this chapter:
(1)
With intent to frighten, intimidate, threaten, abuse or harass, makes
a telephone call and threatens to inflict injury or physical harm
to any person or the property of any person.
(2)
With intent to frighten, intimidate, threaten, abuse, harass or offend,
telephones another and uses any obscene, lewd or profane language
or suggests any lewd or lascivious act.
(3)
Makes or causes the telephone of another repeatedly to ring, with
intent to harass any person at the called number.
(4)
Makes repeated telephone calls, whether or not conversation ensues,
with intent solely to harass any person at the called number.
(5)
Makes a telephone call, whether or not conversation ensues, without
disclosing his/her identity and with intent to abuse, threaten or
harass any person at the called number.
(6)
Knowingly permits any telephone under his or her control to be used
for any purpose prohibited by this section.
B.
Computerized communication systems.
(1)
"Message" is defined in this section as any transfer of signs, signals,
writing, text, images, sounds, data or intelligence of any nature,
or any transfer of a computer program, as defined in § 943.70(1)(c),
Wis. Stats., as from time to time amended or renumbered.
(2)
Whoever does any of the following shall be, upon conviction, subject to a forfeiture presented in § 305-45 of this chapter:
(a)
With intent to frighten, intimidate, threaten, abuse, annoy,
offend, or harass another person, sends a message to a person or with
a reasonable expectation that the person will receive the message
on an electronic mail or other similar computerized communication
system including a smartphone, and in that message threatens to inflict
injury or physical harm to any person or the property of any person.
(b)
With intent to frighten, intimidate, threaten, abuse, annoy,
offend, or harass another person, sends a message on an electronic
mail or other similar computerized communication system including
a smartphone to the person or with a reasonable expectation that the
person will receive the message and in that message use any obscene,
lewd or profane language, or suggest any lewd or lascivious act.
(c)
With intent to frighten, intimidate, threaten, abuse, annoy,
offend, or harass another person, sends a message to the person or
with a reasonable expectation that the person will receive the message
on a device capable of receiving electronic mail while intentionally
preventing or attempting to prevent the disclosure of his or her own
identity.
(d)
With intent solely to harass or annoy another person, sends
repeated messages to the person or with the reasonable expectation
that the person will receive the messages on a device capable of receiving
electronic mail.
(e)
With intent to harass or annoy another person, sends a message
to the person or with the reasonable expectation that the person will
receive the message on a device capable of receiving electronic mail
while intentionally preventing or attempting to prevent the disclosure
of his or her identity.
(f)
Knowingly permits or directs another person to send a message
prohibited by this section from any computer terminal or similar device
that is used to send messages on an electronic mail or other similar
computerized communication system that is under his or her control.
[Amended by Ord. No. 14-03]
No person other than the owner or operator thereof shall remove
a notice of traffic violation (parking ticket) of the Edgerton Police
Department from a motor vehicle.
No person, organization, agency or corporation shall, unless duly licensed under the Wisconsin Statutes or without having first obtained the permission of the parents or legal guardian of any minor or without first notifying the City of Edgerton Police Department of the existence of a minor described in § 305-26A on premises owned or operated by or under the control of such person, organization, agency or corporation:
A.
By any means conceal or shelter, or assist in the concealing or sheltering
of, any minor under the age of 18 years while the minor is under the
legal custody of the parents or legal guardian and while the minor
is on report with any law agency as a missing person, a runaway, or
a wanted person; or
B.
Supply false information to or obstruct any police officer in the
performance of his duty to locate or to take into custody any minor
described in this section.
A.
Firearms or weapons in public buildings.
(1)
Pursuant to § 943.13(1m)(c)4., Wis. Stats., no person shall
enter or remain in any part of a building owned, occupied or controlled
by the state or local governmental unit if the state or local governmental
unit has notified the person not to enter or remain in the building
while carrying a firearm or a specific type of weapon.
(3)
For purposes of this section, a "weapon" means a handgun, an electric
weapon defined as Wis. Stats., § 941.295, a knife, or a
billy club.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
The City Administrator shall cause signs to be erected at all entrances
to the following City of Edgerton municipal buildings providing notice
that no person is to enter or remain in any such building while carrying
a firearm or weapon. Such signs shall be five inches by seven inches
or larger.
(a)
City Hall.
(b)
Police Station.
(d)
Public Works Garage.
(e)
Depot.
(f)
Wastewater treatment facilities and lift stations.
(g)
Water building and well/meter houses.
(h)
Aquatic Center and related buildings.
(i)
Fassett Cemetery Chapel.
(j)
Any other municipal buildings owned or operated by the City
of Edgerton, whether now in existence or later constructed or leased,
except rest rooms in parks, open-sided park pavilions.
(5)
Nothing in this subsection shall be construed to apply to prohibit
a peace officer or armed forces or military personnel or any person
duly authorized by the Chief of Police to possess a firearm or weapon
in any public building. Notwithstanding Wis. Stats., § 939.22(22),
for purposes of this section, "peace officer" does not include a commission
warden who is not a state-certified commission warden.
(6)
Nothing in this subsection shall be construed to authorize the carrying
of any firearm or weapon contrary to Wis. Stats. § 941.23
or 941.235.
B.
Permitted uses. 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 person over 16 or under direct supervision
of a parent or guardian.
C.
Hunting. No person shall hunt using a firearm within the City, unless
the Chief of Police has issued written permits to owners or occupants
of private premises to hunt or shoot on such premises if he finds
such privileges necessary for the protection of life or property and
subject to such safeguards as he may impose for the safety of lives
and property of other persons within the City. No person shall hunt
using any weapon on City property.
D.
Reckless use of weapons. No person shall engage in the reckless or
reckless conduct of a weapon or with a weapon.
(1)
"Weapon" is defined as any firearm, rifle, spring or air gun, knife,
bow and arrow or any other instrument or device used to injure or
kill.
(2)
"Reckless use of a weapon" is defined as:
(a)
Endangers another's safety by reckless conduct in the operation
or handling of a firearm, airgun, knife or bow and arrow; or
(b)
Operates or goes armed with a firearm while he is under the
influence of an intoxicant; or
(c)
Intentionally points a firearm at or toward another; or
(d)
While on the land of another discharges a firearm within 100
yards of any building devoted to human occupancy situated on and attached
to the lands of another without the express permission of the owner
or occupant of the building. "Building," as used in this subsection,
does not include any house trailer, mobile home, tent, bus, truck,
vehicle or similar portable unit.
(3)
"Reckless conduct" consists of an act which creates a situation of
unreasonable risk 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 known chances of perpetrating
an injury. It is intended that this definition embraces all of the
elements of what was heretofore known as "gross negligence" in the
Criminal Law of Wisconsin.
E.
Possession of pistol by minor.
(1)
Any minor who goes armed with a pistol or any person who intentionally
sells, loans or gives a pistol to a minor shall be, upon conviction,
subject to § 938.343, Wis. Stats.
(2)
This section does not apply to a minor who is armed with a pistol
when such pistol is being used in target practice under the supervision
of an adult nor does it apply to an adult who transfers a pistol to
a minor for use only in target practice under his supervision.
(3)
All sheriffs, their undersheriffs, and deputies, constables, and
police officers shall take from a minor any pistol found in his possession
in violation of this section.
(4)
In this section, "pistol" means any firearm having a barrel less
than 12 inches long.
[Amended by Ord. No. 14-01]
A.
Except as provided in § 305-28B, no person shall shoot with or discharge a bow, crossbow, or similar device which propels or projects an arrow or similar projectile on City property or within 100 yards of a building located on another person's land within the limits of the City of Edgerton. For purposes of this section, a building is defined as a permanent structure used for human occupancy. The arrow or bolt discharged from a bow or crossbow shall be discharged toward the ground.
B.
This section shall not apply to
(1)
The shooting or discharging of toy arrows which have a tip made of
rubber or similar material.
(2)
Supervised public or private activities.
(3)
The shooting or discharging of a bow, crossbow, or similar device
within 100 yards of a building if the owner of the land on which the
building is located allows the discharge of the bow.
[Amended by Ord. No. 14-01]
A.
Prohibited generally. No person, firm or corporation shall, within City limits, trap any animal, wild or domesticated or otherwise, nor place, lay or in any other manner set any trap designed for such a purpose, except as provided in § 305-29B.
B.
Exemptions. The following exemptions shall apply:
(1)
The prohibition shall not apply to the owner of any land who sets
animal traps inside a building or sets live animal traps on the owner's
land for the control or elimination of animal pests. The prohibition
shall also not apply to any federal, state or local governmental official
who is setting traps as part of any act within the scope of such official's
office.
(2)
Traps shall be allowed in certain publicly owned areas subject to
approval by the City Police Chief. Such traps may be set only in a
minimum of three inches of water and will not be allowed on dry land.
Permitted traps must be conibear traps of a size for muskrat trapping
only. Twenty five traps are the maximum number allowed per trapper.
The City is not responsible for any damages that arise from the use
of any traps.
No person shall throw or shoot any object, arrow, stone, snowball,
or other missile or projectile, by hand or by other means at any other
person, playground, vehicle or other public place within the City.
[Amended by Ord. No. 97-31; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
A.
Section 167.10, Wis. Stats., and any amendments thereto, are adopted
by this chapter and incorporated by reference herein.
B.
No person shall possess, sell, purchase, store, or use any fireworks
in the City of Edgerton in violation of § 167.10, Wis. Stats.,
and any amendments thereof, which regulates the possession, sale and
use of fireworks.
[Amended by Ord. No. 97-30]
See now § 288-6M of this Code.
No person, not authorized by the City, shall deposit or remove
from the curb or from a trash receptacle on any street or other location,
any iron, metal, tin, paper, rags, rubbish, junk, or other material
placed at said curb or in said trash receptacle in another location
for deposit or removal by persons duly authorized for such purpose.
A.
Obstruction. No person shall stand, sit, loaf, or loiter or engage
in any sport or exercise on any public street, sidewalk, bridge, railway
depot platform, railway cars, or public park or public ground with
in the City in such a manner as to prevent or obstruct the free passage
of pedestrian or vehicular traffic thereon or to prevent or hinder
free ingress and egress to or from any place of business, amusement,
church, public hall, or meeting place, or for any other purpose for
which a proper accounting cannot be made.
B.
Playing games. No person shall engage in playing any game in any
street.
C.
Loitering.
(1)
Request to move on. No person shall loiter upon any street, bridge,
sidewalk, or crossing after being requested to move on by a police
officer.
(2)
Loitering for improper purposes. No person shall loiter or lounge
in any public street or highway, or in any other public place or building,
for any purpose, or insult or disturb any person by any obscene act,
gesture, or language.
(3)
Loitering about public library. No person shall loaf or loiter in
front of or on the walks adjacent to and pertaining to the Edgerton
Public Library, or make any unusual and disturbing noises within the
vicinity of the Edgerton Public Library during the hours when it is
open to the public with intent to disturb or annoy persons using such
library.
(4)
Loitering on commercial property. No person shall remain or loiter
on the property of any commercial premises other than for the purpose
of conducting legitimate business transactions. In addition, no person
shall remain on said premises after the conducting of said business
transactions and after being told to leave the premises by the owner,
any employee or agent of said owner, or police officer. No person
on any commercial premises shall conduct themselves in a manner which
is disorderly, which disturbs the commercial environment at said premises
or otherwise tends to disturb other customers at said premises or
deters customers from coming upon said premises. In this section,
"commercial premises" are defined to be any business open to the public
whether for the sale of goods, products and/or services to the public.
D.
Public property. No person shall maltreat or annoy any person in
any public place nor shall refuse to move from any public property
in the City when asked to move by the owner or a police officer.
E.
Racing. No person shall engage in racing any motor vehicle, bicycle,
horse or other animal on any public street, or property.
F.
Animals not to be left loose. No person shall allow any dogs, cats,
cattle, horses, sheep, goats, mules, asses, swine, geese, ducks, chickens,
turkeys, or other poultry or animals in his or her custody or under
his or her control to go or be at large or to pasture or feed unattended
or be loose and unattended in any street, highway, alley or upon any
public or private grounds other than those owned by the owner of said
animals.
G.
Catching rides. No person shall catch a ride upon any motor vehicle
of another person without permission from the owner or person in charge
of such vehicle while such vehicle is parked or standing upon the
public streets, public parking lots or other public areas of the City.
H.
Climb on motor vehicles. No person shall lie, climb, or sit upon
the motor vehicle while such vehicle is parked, standing or in motion
upon the public streets, public parking lots or other public areas
of the City.
I.
Coasting. No person shall coast upon any sled, skis, sleigh, or any
device used to coast/slide upon any street.
[Amended by Ord. No. 18-02]
A.
Section 254.92, Wis. Stats., and any amendments are hereby strictly
adopted. Pursuant to § 254.92, Wis. Stats., no person under
age 18 may do any of the following:
B.
Notwithstanding the above, a child may purchase or possess cigarettes
or tobacco products for the sole purpose of resale in the course of
employment during his or her working hours if employed by a licensed
retailer.
C.
A law enforcement officer shall seize any cigarette or tobacco product
involved in any violation of this section committed in his or her
presence.
A police officer, peace officer, or other duly constituted officer
of the City may make reasonable request for assistance of local citizens
when a proper performance of his duties and the emergency nature of
the situation demands such assistance to be necessary for the proper
fulfillment of such duties. No person shall, without reasonable excuse,
refuse or fail, upon command, to aid any person known by the person
to be a peace officer.
No person shall intentionally aid any prisoner or person to
escape from the lawful custody of a police officer or peace officer
of the City.
No person shall give or send or cause to be sent or given in
any manner any alarm of fire which he knows to be false.
It shall be unlawful for any person, firm or corporation to
leave outside of any building or dwelling in a place accessible to
children any abandoned, unattended or discarded icebox, refrigerator
or any other container of any kind which has an airtight snaplock
or other device thereon without first removing the said snaplock or
doors from said icebox, refrigerator or container.
A.
Purpose. The purpose of this section is to ensure unimpeded pedestrian
traffic flow, to maintain and protect the wellbeing of pedestrians
and to otherwise foster a harassment-free climate in public places
in the City of Edgerton.
B.
In or near any thoroughfare or place open to the public, no person
shall procure or attempt to procure a handout from another in a manner
or under circumstances manifesting an express or implied threat or
coercion. Among the circumstance which may be considered in determining
whether such purpose is manifested are the following: that such persons
repeatedly and in a threatening fashion beckons to, stops, or attempts
to stop passersby; that such person utilizes threatening bodily gestures.
The violator's conduct must be such as to demonstrate a specific intent
to induce, solicit, or procure from another goods or money by threat
or coercion. No arrest shall be made for a violation of this section
unless the arresting officer first affords such person an opportunity
to explain such conduct, and no one shall be convicted of violating
this section if it appears at trial that the explanation given was
true and disclosed a lawful purpose. As used in this section:
(1)
"Public place" or "place open to the public" is 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 doorways
or entrances in buildings or dwellings and the ground enclosing them;
(2)
A conversation or gesture or both shall be construed as "threatening"
if a reasonably prudent individual would perceive such conduct as
intending to result in the procurement of money or goods by threat
or coercion.
No person is to improperly use any public property other than
for its intended purpose.
[Added by Ord. No. 00-09; amended 7-17-2023 by Ord. No. 23-10; 7-17-2023 by Ord. No. 23-16]
A.
No person
shall be truant or habitually truant from school.
B.
For purposes
of enforcing this section, §§ 118.15, 118.16 and 118.163,
Wis. Stats., including all definitions and all amendments thereto,
are hereby adopted.
C.
Penalty.
Any child who violates any provision of this section shall be subject
to one or more of the following dispositions and orders of the Court,
pursuant to §§ 118.163(1m) or 118.163(2), Wis. Stats.,
as from time to time amended:
(1)
For
truants, an order for the person to attend school and a forfeiture
of not more than $50 for the first offense and not more than $100
for subsequent offenses. All or part of the forfeiture plus costs
may be assessed against the person, the parents or guardian of the
person, or both.
(2)
For
habitual truants:
(a)
Suspension of the person's operating privilege for not less than
30 days nor more than one year. The Court shall immediately take possession
of any suspended license and forward it to the Department of Transportation
together with a notice stating the reason for and duration of the
suspension.
(b)
An order for the person to participate in counseling or a supervised
work program or other community service work as described in § 938.34(5g),
Wis. Stats. The costs of any such counseling, supervised work program
or other community service work may be assessed against the person,
the parents or guardian of the person, or both.
(c)
An order for the person to remain at home except during hours in
which the person is attending religious worship or a school program,
including travel time required to get to and from the school program
or place of worship. The order may permit a person to leave his or
her home if the child is accompanied by a parent or guardian
(d)
An order for the person to attend an educational program as described
in § 934.34(7d), Wis. Stats.
(e)
An order for the Department of Work Force Development to revoke,
under § 103.72, Wis. Stats., a permit under § 103.70,
Wis. Stats., authorizing the employment of said child support.
(f)
An order for the person to be placed in a teen court program that's
described in § 938.342(1g)f, Wis. Stats.
(g)
An order for the child to attend school.
(h)
A forfeiture of not more than $500. All or part of the forfeiture
costs may be assessed against the person, the parents or guardian
of the person, or both.
(i)
Any other reasonable conditions consistent with this subsection,
including a curfew, restrictions as to going to or remaining on specified
premises and restrictions on associating with other children or adults.
(j)
An order placing the person under formal or informal supervision,
as described in § 938.34(2), Wis. Stats., for up to one
year.
(k)
An order for the person's parent, guardian or legal custodian to
participate in counseling at the parent's, guardian's, or legal custodian's
own expense or to attend school with the person, or both.
(l)
An order for the person to report to a youth report center after
school, in the evening, on weekends, on other nonschool days, or at
any other time that the person is not under immediate adult supervision
for participation in the social, behavioral, academic, community service,
and other programming of the center as described in § 938.342(1g)(k),
Wis. Stats. Prosecution of this section is subject to the requirements
of § 118.16(5) and 118.16(5m), Wis. Stats., regarding actions
to be completed by the school attendance officer.
D.
Responsibility
of custodial parents for habitually truant children.
(1)
Purpose.
The purpose of this section is to require proper supervision on the
part of the custodial parents in order to reduce the number of habitually
truant children in school and to reduce the number of absences due
to habitual truancy.
(2)
CHILD
CUSTODIAL PARENT
CUSTODY
PARENTAL RESPONSIBILITY
PUPIL
Definitions.
In this section:
A person who is less than 18 years of age, children under
the age of 12, if evidence is presented that school officials complied
with the requirements of Wis. Stats., § 118.16(5), or were
not required to comply under Wis. Stats., § 118.16(5m)
A parent or legal guardian of a child who has custody of
the child.
Either physical custody of a child under a court order under
Wis. Stats., § 767.23 or 767.24, custody of a child under
a stipulation under Wis. Stats., § 767.10, or actual physical
custody of the child. Custody does not include legal custody, as defined
under Wis. Stats., § 48.02(12), by an agency or a person
other than a child' s birth or adoptive parent. In determining which
parent has custody of a child for purposes of this section, the court
shall consider which parent had responsibility for caring for and
supervising the child at the times that the child's ordinance violations
occurred.
A custodial parent of a child residing with such custodial
parent that shall meet his or her duty to supervise the child and
properly ensure that the child is not habitually truant.
A child between the ages of six years and 18 years who is
required to attend school regularly under the provisions of Wis. Stats.,
§ 118.15.
(3)
Prohibited conduct. Unless the child is medically excused from attending school by a physician or licensed practitioner or has graduated from high school, or if the child has missed 10 days in a semester and has a written excuse provided by a licensed medical practitioner, any person having control of the child between the ages six and 18 years shall cause the child to attend school regularly during the full period and hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter, or semester of the school year in which the child becomes 18 years of age. If the child is found to be habitually truant under the definition in § 118.16(1)(a), Wis. Stats., the parent shall be found guilty and punished as directed under Subsection D(4).
(4)
Penalty.
A parent of a pupil found by a court of competent jurisdiction of
violating a provision of this section shall be subject to one or more
of the following dispositional orders:
(b)
An order for the child to attend school or any other disposition
including curfew that is consistent with § 118.163(2) or
938.342(1d), Wis. Stats., as those statutes currently exist or are
subsequently amended.
(c)
A person found guilty under this section may also be ordered by the
court to have the child attend school. If said child does not attend
school, the parent may be held in contempt and may face additional
penalties.
[Added by Ord. No. 18-01]
The provisions of § 125.07(1)(a)(3), Wis. Stats.,
and all amendments thereto are hereby adopted as a part of this section.
As described in § 125.07(1)(a)(3), Wis. Stats. No adult
may knowingly permit or fail to take action to prevent the illegal
consumption of alcohol beverages by an underage person on property,
including any premises, owned and occupied by the adult or occupied
by the adult and under the adult' s control. This section applies
to a lodging establishment, as defined in § 106.52(1)(d),
Wis. Stats., only if the adult has furnished payment or security for
lodging. This section does not apply to alcohol beverages used exclusively
as part of a religious service.
[Added by Ord. No. 19-10]
A.
BULLYING
COURSE OF CONDUCT
HARASSMENT
Definitions.
In this section the following terms shall have the meanings stated
herein:
An intentional course of conduct which is reasonably likely
to intimidate, emotionally abuse, slander or threaten another person
and which serves no legitimate purpose
A pattern of conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose
Any conduct, whether verbal, physical, written, or by means
of any mode of communication, which is prohibited by § 947.01,
947. 012 or 947.0125, Wis. Stats., or is any intentional course of
conduct which is likely to create an intimidating, hostile or offensive
environment, and which serves no legitimate purpose.
B.
Prohibited.
It shall be unlawful for any person to engage in any bullying or harassment
of a person or induce another person to engage in such bullying or
harassment.
C.
Retaliation
prohibited. No person shall retaliate against any person who reports
any conduct which is prohibited by this section.
D.
Constitutionally
protected activity. This section shall not be construed to apply to
any constitutionally protected activity or speech.
E.
Parental responsibility. It shall be unlawful for any custodian parent or guardian of any unemancipated person under 18 years of age to allow or permit such person to violate the provisions of Subsection B. The fact that prior to the present offense a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of Subsection B by the same minor occurring within ninety 90 days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
[Amended by Ord. No. 14-03; at time of adoption of Code (see Ch. 1, General Provisions, Art.
II)]
Any person violating any of the provisions of this chapter shall forfeit not less than $25 nor more than $500 and shall be subject to any other penalties listed in § 1-6 of this Code.
