[Adopted 8-22-2006 as
Title 11, Ch. 2, of the 2006 Code of Ordinances]
A.
Discharge of firearms regulated.
(1)
Discharge prohibited. No person shall fire or discharge any firearm,
rifle, spring gun, air gun or pneumatic pellet gun of any description
in his/her possession or under his/her control within the Village
of Sullivan, except as provided in this section.
(2)
Exceptions. The following shall not constitute a violation of Subsection A(1) above:
(a)
The maintenance and use of duly supervised rifle or pistol ranges
or shooting galleries authorized by the Village Board, or the firing
or discharging of BB air guns or pneumatic pellet guns upon private
premises by persons over 16 or under the direct personal supervision
of a parent or legal guardian.
(b)
A person working for a firm or under a plan authorized by the
Village Board to harvest wildlife pursuant to a Wisconsin Department
of Natural Resources approved Wildlife Management Program, or engaged
in permissible hunting under this section.
(c)
The discharge of a firearm by a law enforcement officer or military
personnel acting within the line of duty, including, but not limited
to, active operations, training exercises and ceremonies.
(d)
The discharge of a firearm in defense of human life or the residence
or place of business of the person discharging the firearm.
(e)
The discharge of a firearm at an event, for which the party
organizing or promoting such event has obtained a special permit issued
by the Village Board.[1]
[1]
Editor's Note: Original Sec. 11-2-1(a)(2)f of the 2006 Code of Ordinances, regarding the firing or discharging of BB guns upon private premises, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III); see now § 348-3A(2)(a).
B.
Limited firearms hunting authorized.
(1)
Prohibitions; wildlife management programs. Except as provided in Subsection B(2) below, no firearm hunting of any kind shall be allowed within the corporate boundaries of the Village of Sullivan to protect the public health and safety. This provision does not apply to persons authorized by or firms hired by the Village of Sullivan to conduct a wildlife harvest pursuant to DNR approved Wildlife Management Programs. The Village Board's authorization must include the name of the individuals authorized to participate in the hunt and specific properties to be hunted upon within the Village limits. All hunters are subject to background checks by a law enforcement agency. All hunting regulations of the Wisconsin Department of Natural Resources shall be complied with. Property owner written consent and liability waivers must be on file with the Village Office if wildlife management program activities will occur on private property. Open hunting seasons, as defined by the Wisconsin Department of Natural Resources (DNR), shall not be effective within such municipal boundaries, except as provided in Subsections B(l) and (2).
(2)
Limited firearms hunting. Coinciding with the open hunting seasons
defined by the Wisconsin Department of Natural Resources for hunting
geese or deer, the Village Board may authorize the hunting of geese
or deer within the Village of Sullivan to limit numbers. In the interest
of public safety, permit conditions may include, but not be limited
to, limits on numbers of authorized hunters, the use of blinds, and
designation of specific locations where the hunting of geese or deer
is permitted. The purpose of this hunting exception is to assist in
the management of resident geese and deer numbers within the Village
of Sullivan.
C.
Shooting into Village limits. No person shall in the territory adjacent
to the Village discharge any firearm in such manner that the discharge
shall enter or fall within the Village of Sullivan in a dangerous
manner.
D.
Bow hunting authorized. Hunting with a bow and arrow or crossbow
is permitted at the times and in the manner prescribed by the Wisconsin
Department of Natural Resources in the Village of Sullivan, subject
to the following limitations:
(1)
Residence proximity limitation. A person may not hunt with a bow
and arrow or crossbow within 100 yards from a building used for human
occupancy located on another person's property, unless the owner of
the property on which such building is located has authorized the
hunter to hunt with a bow and arrow or crossbow within 100 yards from
the building.
(2)
Discharge towards the ground. Hunting with a bow and arrow or crossbow
shall only be permitted from a tree stand or elevated platform, and
arrow or bolts shall be discharged toward the ground.
(3)
Bow hunting on public property. Bow hunting shall not be permitted
on municipal, school, and public properties except where specifically
authorized by the public body in control of such property. Village-owned
public properties where hunting with a bow and arrow or crossbow is
allowed shall be designated by ordinance.
E.
Explosive devices. No person shall discharge or detonate any dynamite,
nitroglycerin or other explosive within the Village of Sullivan without
first obtaining a permit to do so from the Village Board.
F.
Throwing, discharging, projecting and shooting prohibited.
(1)
Prohibition. Except as provided in Subsection D above, it shall be unlawful for any person to discharge or cause the discharge of any dangerous missile from any slingshot, bow and arrow, or other means within 100 yards of any inhabited building or any public park.
(2)
Exceptions. This subsection shall not apply:
(a)
To the shooting or discharging of toy arrows or arrows which
have a tip made of rubber or similar material.
(b)
To a supervised archery range approved by the Village Board.
(c)
Within the interior of a single-family dwelling.
(d)
To private archery practice, provided such targets are placed
in front of a building or an open agricultural field in such a manner
as to prevent stray arrows from crossing or entering adjacent properties.
G.
Paintball discharge limited. No person shall on any private property
without the express permission of its owner or on any public property
(including, but not limited to, public streets, sidewalks, parks,
playgrounds, schools, open spaces, recreation facilities or any other
public facility and/or grounds) discharge or cause to set off a paintball
gun, except as provided as follows:
(1)
Business exclusion. This subsection specifically excludes any business
engaged in the operation of paintball games operating within the appropriate
zoning district in which the discharge of paintball guns is carried
out in an approved controlled environment.
(2)
Exclusion on private property. This subsection specifically excludes
the operation of a paintball gun on private property contingent upon
the use of such paintball device being limited to a target which is
protected by an appropriate barrier from other private property and
prevents damage to same. Under no circumstance shall paintball guns
be permitted to be aimed at other human beings and/or animals; this
exclusion applies only to an appropriate target on private property.
H.
BUILDING
FIREARM
PAINTBALL DEVICE
Definitions. For purposes of this section:
A permanent structure used for human occupancy and includes
a manufactured home, as defined in § 101.91(2), Wis. Stats.
Any instrumentality from or with which a shot, bullet or
pellet may be discharged or expelled, regardless of whether the propelling
force is provided by air, spring or other similar mechanical device,
or gun powder.
Any paintball gun/device which is designed or intended to
expel a projectile containing paint, ink, or similar material which
can cause injury to people or property.
A.
DANGEROUS WEAPON
ELECTRIC WEAPON
FIREARM
HANDGUN
LAW ENFORCEMENT OFFICER
QUALIFIED OUT-OF-STATE LAW ENFORCEMENT OFFICER
(1)
(2)
(3)
(4)
(5)
Definitions. The following definitions shall be applicable in this
section:
Any firearm, whether loaded or unloaded; any device designed
as a weapon capable of producing death or great bodily harm; any ligature
or other instrumentality used on the throat, neck, nose, or mouth
of another person to impede, partially or completely, breathing or
circulation of blood; any electric weapon as defined in § 941.295(1c)(a),
Wis. Stats.; or any other device or instrumentality which, in the
manner it is used or intended to be used, is calculated or likely
to produce death or great bodily harm. [§ 939.22, Wis.
Stats.]
Any device which is designed, redesigned, used or intended
to be used, offensively or defensively, to immobilize or incapacitate
persons by the use of electric current. [§ 941.295(1c)(a),
Wis. Stats.]
A weapon that acts by force of gunpowder.
True handguns designed to be fired one-handed, and does not
include machine guns, rifles or shotguns. [§ 175.60(1)(bm),
Wis. Stats.]
Any person employed by the State of Wisconsin, or any political
subdivision of this state, for the purpose of detecting and preventing
crime and enforcing laws or ordinances and who is authorized to make
arrests for violations of the laws and/or ordinances he/she is employed
to enforce.
A law enforcement officer to whom all of the following apply:
The person is employed by a state or local government agency
in another state;
The agency has authorized the officer to carry a firearm;
The officer is not the subject of any disciplinary action by
the agency that could result in the suspension or loss of the person's
law enforcement authority;
The person meets all standards established by the agency to
qualify the person on a regular basis to use a firearm; and
The person is not prohibited under federal law from possessing
a firearm.
B.
Firearms and dangerous weapons regulations.
(1)
Concealed carry license/permit requirement. Except as provided in Subsection B(3) below, no person shall carry on his or her person any concealed firearm(s) or other dangerous weapon(s) unless a valid license/permit as designated under § 175.60, Wis. Stats., has been duly issued. The weapons that are eligible to be carried while concealed are: handguns; electric weapons; knives; and billy clubs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2)
Carrying prohibited in designated municipal buildings. In addition
to the provisions of § 175.60, Wis. Stats., enumerating
places where the open or concealed carrying of a firearm or dangerous
weapon is prohibited, including exceptions thereto, it shall be unlawful
for any person to enter and/or remain in the following municipal buildings
in the Village of Sullivan while carrying a dangerous weapon or a
firearm:
(3)
(a)
A sworn law enforcement officer, as defined in § 175.60,
Wis. Stats.
(b)
A former law enforcement officer who satisfied all of the following
requirements:
[1]
The former officer has been issued a photographic identification
document or identification or certification card;
[2]
The weapon carried is a firearm that is of the type described
in the identification document; and
[3]
Within the preceding 12 months, the former officer met the standards
of the state in which he/she resides for training and qualification
for active duty law enforcement officers to carry firearms.
(c)
A qualified out-of-state law enforcement officer, but only if
the weapon is a firearm but is not a machine gun or destructive device;
the officer is not carrying a firearm silencer; and the officer is
not under the influence of an intoxicant.
(d)
Armed forces personnel acting in the line of duty.
(4)
Signage. Signs meeting the requirements of § 943.13(2)(bm)1,
Wis. Stats., shall be posted in prominent locations near all entrances
of such buildings/places indicated that possession of a firearm in
that building or place is prohibited.
(5)
Miscellaneous regulations.
(a)
No person may carry any open or concealed firearm or dangerous
weapon onto school property or within 1,000 feet of a school.
(b)
No person may carry any open or concealed firearm or dangerous
weapon into any courtroom while in session.
(c)
No person may enter or remain in a public building which is
properly signed and while in possession of any open or concealed firearm
or dangerous weapon.
(d)
No person may carry any open or concealed firearm or dangerous
weapon into a private business which is properly signed.
(e)
No person may carry any open or concealed firearm or dangerous
weapon into any community-type event which lasts no longer than three
weeks, has controlled access points which are properly signed, and
for which admission is charged.
(f)
No person may carry any open or concealed firearm or dangerous
weapon into any establishment that serves alcohol for consumption
on the premises and that person partakes in such consumption.
C.
Possession, sale, and manufacture of certain weapons prohibited.
(1)
No person shall sell, manufacture, purchase, possess or carry metallic
knuckles or knuckles of any substance which could be put to the same
use with the same or similar effect as metallic knuckles, a "numchuk"
(also called a "nunchaku") or any similar weapon, a "cestus" or similar
material weighted with metal or other substance and worn on the hand,
a "churkin" (also called a "suriken") or any similar object intended
to injure a person when thrown, a "sucbai" or similar weapon, a "manrikigusari"
or a similar length of chain having weighted ends, or any other martial
arts device or instrumentality which, in the manner it is used or
intended to be used, is calculated or likely to produce injury or
death to another person within the Village of Sullivan.
(2)
CHURKIN
NUMCHUK OR NUNCHAKU
SUCBAI
For the purpose of this section, the following definitions shall
apply:
A round throwing knife consisting of several sharp points
protruding from a rounded disc.
An instrument consisting of two or more sticks, clubs, or
rods connected by a rope, cord, wire, or chain.
A short length of wood or metal or similar material which,
when gripped in the hand, protrudes on either side of the fist. Such
prohibited instrument may or may not have spikes or short pointed
protrusions from either end.
(3)
Any such device shall be seized by a law enforcement officer and
destroyed or turned over to the State of Wisconsin Crime Laboratory
for destruction.
D.
Reckless use of weapons.
(1)
Acts prohibited.
(a)
No person shall endanger another's safety by reckless conduct
in the operation or handling of a firearm, air gun, knife or bow and
arrow.
(b)
No person shall operate or go armed with a firearm, air gun,
knife or bow and arrow while he/she is under the influence of an intoxicant.
(c)
No person shall intentionally point a firearm, air gun, knife
or bow and arrow at or toward another person.
(2)
Reckless conduct defined. "Reckless conduct" consists of an act which
creates a situation of unreasonable 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 chances
of perpetrating an injury.
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
ROADWAY
UNLOADED
VEHICLE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The meaning given under § 114.002(3), Wis. Stats.
Enclosed in a case that is expressly made for the purpose
of containing a firearm and that is completely zipped, snapped, buckled,
tied or otherwise fastened with no part of the firearm exposed.
A weapon that acts by force of gunpowder.
The meaning given under § 340.01(22), Wis. Stats.
The meaning given under § 30.50(6), Wis. Stats.
The meaning given under § 340.01(54), Wis. Stats.
Any of the following:
The meaning given under § 340.01(74), Wis. Stats.,
and includes a snowmobile, as defined under § 340.01(58a),
Wis. Stats.
B.
Prohibitions; motorboats and vehicles; highways and roadways.
(1)
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(2)
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(3)
Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
C.
Exceptions.
(1)
Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
(2)
Subsection B(1), (2) and (3) do not apply to the holder of a scientific collector permit under § 29.614, Wis. Stats., who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
No person shall sell, expose or offer for sale, use, keep, possess, discharge or explode any fireworks, except toy pistol paper caps, sparklers and toy snakes, within the limits of the Village unless he/she shall be authorized by a fireworks permit as provided in Chapter 257 of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all fireworks, rockets or similar missiles containing explosive fuel.
A.
Obstructing streets. No person shall obstruct, loiter, cause a nuisance
or engage in any sport or exercise on any public street, sidewalk,
bridge or public ground within the Village of Sullivan in such a manner
as to:
(1)
Prevent or obstruct the free passage of pedestrian or vehicular traffic
thereon;
(2)
Prevent or hinder free ingress or egress to or from any place of
business or amusement, church, public hall or meeting place; or
(3)
Cause a nuisance by congregating and hindering the free passage of
pedestrian or vehicular traffic.
B.
Obstructing public ways.
(1)
No person shall obstruct or interfere with by any means any vehicular,
railroad or pedestrian traffic on any public walk, highway, street,
alley, railroad track or public thoroughfare for the purpose of disrupting
the orderly movement of such traffic or to impede intentionally or
unintentionally the flow of the vehicular, train or pedestrian traffic
on a public walk, highway, street, alley, railroad track or public
thoroughfare or at any public building or premises, parking lot or
structure.
(2)
Any unauthorized or unlawful use of property abutting on a public
street, alley or sidewalk or of a public street, alley or sidewalk
which causes large crowds of people to gather, obstructing traffic
and free use of the streets and sidewalks is a violation of this section.
C.
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the Village of Sullivan.
To interfere with unobstructed travel by any means, including,
but not limited to, standing on the part of the walk that is fit for
travel, or placing any object or vehicle whatsoever on such sidewalk.
Any sidewalk owned or maintained by the Village. The term
shall not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
D.
Free speech. This section shall not be interpreted as prohibiting
any person from stopping on any sidewalk to talk or to make a speech,
provided that such person shall not stand in such a location that
it is impossible for any pedestrian to travel along the sidewalk without
leaving the sidewalk and walking on adjacent property or on the street.
If two or more persons are engaged in talking while stopped on a sidewalk,
they shall not stand in such locations as to completely prevent any
pedestrian from passing them on the sidewalk.
A.
Public property loitering prohibited.
(1)
No person shall loiter in or about any public street, public sidewalk,
street crossing, alley, bridge, public parking lot or other place
of assembly or public use after being requested to move by any law
enforcement officer.
(2)
Upon being requested to move, a person shall immediately comply with
such request by leaving the premises or area thereof at the time of
the request.
(3)
No person shall loiter in or about any toilet open to the public
for the purpose of engaging in or soliciting any lewd or lascivious
conduct or any unlawful act.
(4)
No person shall loiter in or about any school or public place at
or near which children or students attend or normally congregate.
As used in this subsection, "loiter" means to delay, to linger or
to idle in or about any said school or public place without a lawful
purpose for being present.
B.
Private property loitering prohibited.
(1)
No person shall loiter in or about any private premises or adjacent
doorways or entrances or upon private property held out for public
use, including, but not limited to, business or industry parking lots
or shopping malls without invitation from the owner or occupant or
by any person in authority at such places. No person shall loiter
in or about the doorway, stairway, steps or entrance of any business
place of private residence without the expressed consent of the owner
thereof, or at any time other than usual business hours. Under this
subsection, business place shall include public building at such times
that the same shall be closed for the usual and normal business conduct
thereat.
(2)
Upon being requested to move by any such person in authority or by
any police officer, a person shall immediately comply with such request
by leaving the premises or area thereof at the time of the request.
(3)
No person shall sit, lie, or otherwise recline upon or against any
parked motor vehicle without the expressed consent of the owner thereof,
whether such be parked upon a public street, alley, parking lot, driveway
or private premises.
(4)
No person shall stand or loiter on any roadway other than in a safety
zone if such act interferes with the lawful movement of traffic.
C.
Loitering or prowling prohibited.
(1)
No person shall loiter or prowl in a place, at a time or in a manner
not usual for law abiding individuals under circumstances that warrant
alarm for the safety of persons or property in the vicinity. Among
the circumstances which may be considered in determining whether such
alarm is warranted is the fact that the person takes flight upon appearance
of a law enforcement officer, refuses to identify himself/herself
or manifestly endeavors to conceal himself/herself or any object.
Unless flight by the person or other circumstances makes it impracticable,
a law enforcement officer shall, prior to any arrest for an offense
under this section, afford the person an opportunity to dispel any
alarm which would otherwise be warranted, by requesting him/her to
identify himself/herself and explain his/her presence and conduct.
No person shall be convicted of an offense under this subsection if
the law enforcement did not comply with the preceding sentence, or
if it appears at trial that the explanation given by the person was
true and, if believed by the law enforcement officer at the time,
would have dispelled the alarm.
(2)
No person shall hide, wait or otherwise loiter in the vicinity of
any private dwelling house, apartment building, or any other place
of residence with the unlawful intent to watch, gaze or look upon
the occupants therein in a clandestine manner.
(3)
No person shall lodge in any building, structure or place, whether
public or private, without the permission of the owner or person entitled
to possession or in control thereof.
(4)
No person shall loiter in or about a restaurant, tavern or other
public building. As used in this subsection, "loiter" means to, without
just cause, remain in a restaurant, tavern or public building or to
remain upon the property immediately adjacent thereto after being
asked to leave by the owner or person entitled to possession or in
control thereof.[1]
D.
LOITER
NUISANCE
UNLAWFUL ASSEMBLIES
Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended:
The term "loiter" shall have the meaning set forth in § 348-7C of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The term "nuisance" shall have the meaning set forth in § 348-7C of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
An "unlawful assembly" is an assembly which consists of three
or more persons and which causes such a disturbance of public order
that it is reasonable to believe that the assembly will cause injury
to persons or damage to property unless it is immediately dispersed.
An unlawful assembly includes an assembly of persons who assemble
for the purpose of blocking or obstructing the lawful use by any other
person or persons of any private or public thoroughfares, property
or of any positions of access or exit to or from any private or public
building, or dwelling place, or any portion thereof and which assembly
does in fact so block or obstruct the lawful use by any other person,
or persons of such private or public thoroughfares, property or any
position of access or exit to or from any private or public building,
or dwelling place, or any portion thereof.
E.
Soliciting. No person shall loiter in or near any thoroughfare or
place open to the public in a manner and under circumstances manifesting
the purpose of inducing, enticing, soliciting or procuring another
to commit an act of prostitution. Among the circumstances which may
be considered in determining whether such purpose is manifested: that
such person is a known prostitute or panderer, that such person repeatedly
beckons to stop or attempts to stop, or engages male or female passersby
in conversation, or repeatedly stops or attempts to stop motor vehicle
operators by hailing, waving of arms or any other bodily gesture.
The violator's conduct must be such as to demonstrate a specific intent
to induce, entice, solicit or procure another to commit an act of
prostitution. No arrest shall be made for a violation of this subsection
unless the law enforcement officer first affords such persons an opportunity
to explain such conduct, and no one shall be convicted of violating
this subsection if it appears at trial that the explanation given
was true and disclosed a lawful purpose. As used in this subsection:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
"Public place" 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 doorway and entrance to buildings or dwellings
and the grounds enclosing them.
(2)
"Known prostitute or panderer" means a person who, within five years
previous to the date of arrest for violation of this section, had,
within the knowledge of the sworn police officer, been convicted in
any municipal court or circuit court in the State of Wisconsin of
an offense involving prostitution.
F.
Unlawful assemblies. Whoever intentionally fails or refuses to withdraw
from an unlawful assembly which the person knows has been ordered
to disperse is guilty of a violation of this section.
A.
Purpose. Excessive sound is a serious hazard to the public health,
welfare, safety, and the quality of life. It is the intent of this
section to minimize the public's exposure to the physiological and
psychological dangers of excessive noise, and protect, promote and
preserve the public health, safety and welfare. It is the express
purpose of this section to control the level of noise in the Village
of Sullivan in a manner which promotes the reasonable use and enjoyment
of property, conduct of business, sleep and repose of residents, and
an environment free from unnecessary and excessive sound that constitutes
noise pollution. This section shall be liberally construed to carry
out its public purposes.
B.
A BAND LEVEL
AMBIENT NOISE LEVEL
BAND-PRESSURE LEVEL
COMMERCIAL PURPOSE
CYCLE
DECIBEL (dB)
EMERGENCY WORK
FREQUENCY
MICROBAR
MOTOR VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
(29)
(30)
(31)
(32)
(33)
NONCOMMERCIAL PURPOSE
PERIOD
PERIODIC QUANTITY
SOUND ANALYZER
SOUND LEVEL METER
SOUND PRESSURE LEVEL
SOUND TRUCK
SOUND-AMPLIFYING EQUIPMENT OR DEVICE
SPECTRUM OF A FUNCTION OF TIME
Definitions. The following definitions shall be applicable in this
section, unless the context otherwise clearly indicates:
The total sound level of all noise as measured with a sound
level meter using the "A" weighting network. The unit is the dB(A).
Instrument response shall be set on fast for motor vehicle measurement
and slow for all other measurements.
The sound pressure level of the all-encompassing noise associated
with a given environment, being usually a composite of sounds with
many sources and excluding the specific noise under investigation.
The sound pressure level for the sound contained within the
restricted band (a specified frequency).
The use, operation or maintenance of any sound amplifying
equipment for the purpose of advertising any business, or any goods,
or any services, or for the purpose of attracting the attention of
the public to or advertising for, or soliciting patronage or customers
to or for, any event, performance, show, exhibition or entertainment,
or for the purpose of demonstrating any such sound equipment.
The complete sequence of values of a periodic quantity which
occurs during a period of time.
A unit of level which denotes the ratio between two quantities
which are proportional to power; the number of decibels corresponding
to the ratio of two amounts of power is 10 times the logarithm to
the base 10 of this ratio.
Work made necessary to restore property to a safe condition
following a public emergency or work required to protect persons or
property from an imminent exposure to danger.
The frequency of a function periodic in time shall mean the
reciprocal of the primitive period. The unit is the cycle per unit
and shall be specified.
A unit of pressure commonly used in acoustics and is equal
to one dyne per square centimeter.
As defined in § 340.01(35), Wis. Stats. For purposes
of this section, "motor vehicle" includes, but is not limited to,
all of the following:
Aircraft as defined in § 29.001(16), Wis. Stats.
All-terrain vehicles as defined in § 340.01(2g), Wis.
Stats.
Antique vehicles as described in § 341.265, Wis. Stats.
Automobiles as defined in § 340.01(4), Wis. Stats.
Boats as defined in § 29.001(16), Wis. Stats.
Camping trailers as defined in § 340.01(6m), Wis.
Stats.
Farm equipment as defined in § 100.47(1), Wis. Stats.
Farm tractors as defined in § 340.01(16), Wis. Stats.
Hobbyist or homemade vehicles as defined in § 341.268,
Wis. Stats.
Junk vehicles as defined in § 340.01(25j), Wis. Stats.
Implements of husbandry as defined in § 340.01(24),
Wis. Stats.
Manufactured homes as defined in § 101.91(2), Wis.
Stats.
Mobile homes as defined in § 340.01(29), Wis. Stats.
Mopeds as defined in § 340.01(29m), Wis. Stats.
Motor bicycles as defined in § 340.01(30), Wis. Stats.
Motor buses as defined in § 340.01(31), Wis. Stats.
Motor homes as defined in § 340.01(33m), Wis. Stats.
Motor trucks as defined in § 340.01(34), Wis. Stats.
Motor vehicle as defined in § 340.01(35), Wis. Stats.
Motorcycles as defined in § 340.01(32), Wis. Stats.
Railroad trains as defined in § 340.01(48), Wis. Stats.
Recreational vehicles as defined in § 340.01(48r),
Wis. Stats.
Road machinery as defined in § 340.01(52), Wis. Stats.
Road tractors as defined in § 340.01(53), Wis. Stats.
Salvage vehicles as defined in § 340.01(55g), Wis.
Stats.
School buses as defined in § 340.01(56), Wis. Stats.
Self-propelled vehicles of any type.
Semi trailers as defined in § 340.01(57), Wis. Stats.
Snowmobiles as defined in § 340.01(58a), Wis. Stats.
Special interest vehicles as defined in § 341.266,
Wis. Stats.
Trailers as defined in § 340.01(71), Wis. Stats.
Truck tractors as defined in § 340.01(73), Wis. Stats.
Unlicensed demolition motor vehicles, unlicensed racing motor
vehicles, and go carts, garden tractors, riding lawn mowers, and other
motorized tractors, motorized carts, and motorized utility vehicles
that require no registration or licensure by the State of Wisconsin.
The use, operation or maintenance of any sound equipment
for other than a commercial purpose, and shall include, but not be
limited to, civic, patriotic, philanthropic, charitable and/or political
purposes.
The smallest increment of time for which the function repeats
itself.
The oscillating quantity, the values of which recur for equal
increments of time.
A device for measuring the band pressure level or pressure
spectrum level of a sound as a function of frequency.
An instrument sensitive to pressure fluctuations and meeting
the standards of the American National Standards Institute (ANSI)
SI.4-1983 or its successors. The instrument shall use the "A" weighted
network.
Measured in decibels of sound, shall mean 20 times the logarithm
to the base 10 of the ratio of the pressure of this sound to the reference
pressure, which reference pressure shall be explicitly stated.
Any motor vehicle, or any other vehicle regardless of method
of motive power, whether stationary or in motion, having mounted thereon,
or attached thereto, any sound-amplifying equipment.
Any device, equipment, musical instrument, loudspeaker, radio,
television, digital or analog music player, public address equipment,
electronics or machine for the amplification or intensification of
music, the human voice, or any other sound. Not included in this definition
are standard automobile or truck radios and audio equipment when used
and heard only by the occupants of the vehicle in which the radio
or audio equipment is installed. As used in this section, this definition
shall also not include warning devices on any emergency vehicle or
vehicle used for traffic or worker safety purposes.
The spectrum of a function of time shall mean a description
of its resolution into components, each of a different frequency.
C.
Decibel measurement criteria. Unless otherwise indicated, any decibel
(dB) measurement made pursuant to the provisions of this section shall
be based on the reference sound pressure and measured with a sound
level meter using the "A" weighting network. In this section, the
terms dB and dB(A) are synonymous unless otherwise stated.
D.
Limitations on general sources of sound or noise.
(1)
Loud and unnecessary noise or sound prohibited.
(a)
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud and unnecessary noise as regulated
by this section. No person shall cause, suffer, allow or permit the
operation of any source of sound or noise in such manner as to create
a sound level that equals or exceeds the sound level limits set forth
in this section or which occurs during designated times of sound or
noise limitation. Noise and sound shall be so muffled or otherwise
controlled as not to become objectionable, due to intermittence, duration,
beat, frequency, periodic character, impulse character or shrillness.
(b)
It shall be unlawful for any person to use or operate, or permit
to be used or operated, any sound-amplifying equipment or device in
any public or private place in such manner that persons owning, occupying
or using property in the neighborhood are unreasonably disturbed or
annoyed by noise or sound levels that equal or exceed the sound level
limits set forth in this section.
(2)
General noise sound levels established. The maximum permissible sound
pressure levels of any continuous source of sound shall be as herein
established for the time period and use classification listed below.
This includes, but is not limited to, sound from such activities as
production, processing, entertainment, cleaning, servicing, maintenance,
operating and/or repairing vehicles, goods, materials, products or
devices. Sound pressures in excess of those established below, during
the named time periods, shall constitute prima facie evidence that
such sound is an excessive and unnecessary noise creating noise pollution:
|
Sound Pressure Level Limit dB(A)
| |||
|---|---|---|---|
|
Districts/Time
|
Residential
|
Commercial
|
Industrial
|
|
7:00 a.m. - 10:00 p.m. (Day)
|
65
|
65
|
75
|
|
10:00 p.m. - 7:00 a.m. (Night)
|
55
|
55
|
65
|
|
[Note: "Residential" includes the residential portion of a multi-use
property. "Commercial" includes the nonresidential portion of a multi-use
property and public properties.]
|
(3)
Agricultural parcels. The sound pressure limits established above
for commercial parcels shall also apply to any parcel of land zoned
agricultural..
(4)
Where measured. Sound pressure levels shall be measured at the approximate
location of the property line or the boundary of the public right-of-way,
at a height of at least three feet above the ground surface and at
least three feet away from walls, obstructions, barriers or sound
reflective surfaces. Measurements shall be taken using a sound level
meter which operates on the "A" weighting network.
(5)
Different land use categories. Sound projecting from a property of
one land use category onto property of another land use category having
a lower sound level limit shall not exceed the limits for the property
of the land use category onto which it is projected.
E.
Exceptions. The sound level limitations of Subsection D above shall not apply to:
(1)
Emergency work. Sounds caused by emergency equipment and emergency
work necessary in the interests of law enforcement or the protection
of the safety, health or welfare of the community or individuals,
or to restore property to a safe condition following a calamity.
(2)
Emergency alarms. Sounds created by fire and other emergency alarms.
(3)
State-prescribed noise limits. Situations where specific noise standards
or limitations prescribed by the Wisconsin Statutes or Wisconsin Administrative
Code are applicable.
(4)
Federal noise limits. Sound production devices required or sanctioned
under the Americans with Disabilities Act (ADA), by the Federal Emergency
Management Agency (FEMA) or other government agencies to the extent
that they comply with the noise requirements of the enabling legislation
or regulation. Examples are sounds regulated by federal law that include
sounds caused by aircraft, railroads and interstate motor carriers.
(5)
Sports and school events. Amplified or non-amplified sounds created
by organized athletic, school or other group activities, when those
activities are conducted on property generally used for that type
of activity, such as athletic fields, parks, and schools, between
the hours of 7:00 a.m. and 11:00 p.m.
(6)
Community events; public fireworks displays. Sounds created by community/civic
events, such as, but not limited to, public fireworks displays, street
dances, fairs and festivals, between the hours of 7:00 a.m. and 11:00
p.m. Included in this exception is the reasonable utilization of amplifiers
or loudspeakers in the course of noncommercial use at such events.
(7)
Solid waste collection. Sounds made by Village-authorized solid waste
and recyclables collectors engaged in collection activities.
(8)
Snow removal. Sounds made by the removal of snow or ice from public
or private property, provided equipment used for this purpose has
operable mufflers meeting manufacturer's specifications.
(9)
Public works construction. Excavations or repairs of streets or other
public construction on behalf of a governmental entity at night when
public welfare and convenience is served.
(10)
Bells and chimes. Any bell or chime or any device for the production
or reproduction of the sound of bells or chimes from any clock, school
or place of religious worship.
F.
Specific noise and sound limitations.
(1)
Lawn and yard maintenance equipment. Sounds created by yard maintenance equipment, such as lawn mowers, power tools, home maintenance tools, leaf blowers, chainsaws, roto-tillers, and yard maintenance equipment, are exempt from the sound limits of Subsection D, provided such equipment is operated with operable mufflers meeting manufacturer's specifications. Such equipment shall only be operated outside between the hours of 7:30 a.m. and 9:00 p.m.
(2)
Portable sound production devices on public property. Self-contained,
portable, nonvehicular music or sound production devices shall not
be operated on a public space, public property or public right-of-way
in such a manner as to be plainly audible at a distance of 50 feet
in any direction from the operator between the hours of 8:00 a.m.
and 9:00 p.m. Between the hours of 9:00 p.m. and 8:00 a.m., such sound
shall not be plainly audible at a distance of 25 feet in any direction
from the operator.
(3)
Construction, repair or demolition of buildings. The construction (including excavation), demolition, alteration, or repair of any building, as well as the operation of any pile driver, heavy equipment, pneumatic hammer, motorized or electric hoist or any similar such equipment attended by loud or unusual noise shall only be conducted between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday, and 8:00 a.m. and 9:00 p.m., Saturday or Sunday. Such operations shall be subject to the sound level limitations of Subsection D above.
(4)
Schools, hospitals, religious institutions and libraries. No person
shall create any unnecessary noise on any street, sidewalk or public
place adjacent to any school, library or religious institution while
the same is in use; or adjacent to any hospital which noise unreasonably
interferes with the operations of such facility or which unduly disturbs
patients therein, provided signage is erected on such street, sidewalk
or public place indicating the presence of a school, hospital, religious
institution or library.
(5)
Public disturbances and disorderly conduct. No person shall persistently
yell, shout, hoot, whistle, sing or create other human-produced noise
that is unnecessarily loud and disturbs the peace of persons residing
beyond a property line between the hours of 10:00 p.m. and 7:00 a.m.
G.
Temporary variance permits.
(1)
Application. The Village President may grant a temporary permit which
allows noncompliance with the limitations prescribed in this section
for the purpose of amplified sound or construction noise activities
of short duration. Permits may be granted upon application, provided
an initial evaluation indicates that the permit will not result in
a condition injurious to public health, safety and general enjoyment
of property. The application shall contain the following information:
(a)
Dates requested;
(b)
Time and place of operation;
(c)
Equipment and operation involved;
(d)
Necessity for such permit;
(e)
Steps to be taken to minimize noise; and
(f)
Name, address and contact information (landline, cellphone and
fax numbers; e-mail address) of the responsible person(s) who will
be present at the site while the noise is being produced.
(2)
Application review criteria. The following factors will be considered
in the evaluation of an application:
(a)
Temporary amplified sound permits.
[1]
Distance of proposed activities from noise-sensitive property.
[2]
Number and type of amplification devices to be used with the
proposed activities.
[3]
Anticipated direction of amplification devices.
[4]
Anticipated length of proposed activities.
[5]
Whether the activity will be held within or outside of a structure.
[6]
The public purposes of this section.
(b)
Temporary construction noise permits.
[1]
Distance from noise-sensitive property.
[2]
Type of activity and equipment.
[3]
Estimated noise level and duration.
[4]
Noise mitigation measures to be employed.
[5]
Health and safety benefits to be realized as a result of the
completed project.
[6]
A statement explaining how compliance with the standards of
this section would cause extraordinary loss or inconvenience to the
applicant and be against the public interest.
[7]
The public purposes of this section.
(3)
Application determination; revocation; appeals.
(a)
Upon a determination that the granting of a temporary variance
permit will not result in a condition injurious to public health or
safety, the permit may be issued, with any requirements appropriate
to the proposed activity site.
(b)
A Village enforcement official may revoke a temporary variance
permit if it is found that any requirement of the permit has been
violated.
(c)
Any person aggrieved by the disposition of an application and/or
issuance of a temporary variance permit may appeal such disposition
to the Village Board by filing a written appeal request with the Village
Clerk-Treasurer within 15 days of the issuance decision regarding
the permit.
A.
Disorderly conduct prohibited. No person within the Village of Sullivan
shall:
(1)
In any public or private place engage in violent, noisy, riotous,
abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct which tends to cause or provoke an immediate disturbance
of public order or tends to annoy or disturb any other person;
(2)
Intentionally cause, provoke or engage in any fight, brawl, riot
or noisy altercation;
(3)
With intent to annoy another, make a telephone call, whether or not
conversation ensues;
(4)
Indecently expose his or her person;
(5)
Be in any business or private structure, private vehicle or upon
any private grounds without the consent of the owner.
B.
Violent and abusive behavior; nonverbal gestures. No person in any
public or private place may engage in any violent, abusive, indecent,
profane, boisterous, unreasonably loud or otherwise disorderly conduct
which tends to cause or provoke an immediate disturbance of public
order or tends to disturb or annoy any other person. Such prohibited
conduct also includes nonverbal gestures, signals or gang signs if
said conduct tends to cause or provoke an immediate disturbance of
public order or tends to disturb or annoy any other person.
C.
Defecating or urinating in public places. It shall be unlawful for
any person to defecate or urinate outside of designed sanitary facilities,
upon any sidewalk, street, alley, public parking lot, park, playground,
cemetery or other public area within the Village, or upon any private
property in open view of the public, or in the halls, rooms without
rest room facilities, stairways or elevators of public or commercial
buildings.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
D.
Disturbance of meetings. No person may disrupt or disturb any congregation,
audience, public meeting or lawful assembly of persons of any kind,
or in concert with others disturb or disrupt such meeting.
E.
Public indecency.
(1)
NUDITY
PEEP or PEER
Definitions. As used in this section, the following definitions shall
be applicable:
The showing of the human male or female genitals, pubic area,
or buttocks with less than fully opaque covering, the showing of the
female breast with less than a fully opaque covering of any part of
the nipple, or the showing of covered male genitals in a discernibly
turgid state.
Any looking or peering of a clandestine, surreptitious, prying,
or secretive nature.
(2)
Prohibitions. Whoever does any of the following is guilty of public
indecency:
(a)
Commits an indecent act of sexual gratification with another
with knowledge that they are in the presence of others.
(b)
Publicly and indecently exposes genitals or pubic area.
(c)
Appears publicly in a state of nudity.
(d)
Engages in masturbation, or conduct which would appear to an
ordinary observer to be masturbation, with knowledge that they are
in the presence of others or that they can be observed by others.
(3)
(4)
Exceptions.
(b)
Subsection E(2)(b) above shall not apply to the following:
[1]
A theater, concert hall, art center, museum or similar establishment
which is primarily devoted to the arts or theatrical performances
and in which any of the circumstances contained in this section were
permitted or allowed as part of such art exhibits or performances.
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or other disciplinary
procedures excluding him/her from attending any school located within
the Village of Sullivan or any person not a student presently enrolled
or not an employee of such schools or not a parent or guardian of
a student, or not an otherwise "authorized person," shall be present
within any school building or upon any school grounds without having
first secured authorization to be there from the principal or other
person in charge of the school building or school grounds, except
while in direct route to secure such authorization.
(2)
Any unauthorized person who shall come upon school property and refuses to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3)
"Authorized person" shall include:
(a)
Any person who is present at any school building or school grounds
for the purpose previously authorized by the school or their designee;
(b)
Any person transporting a student and who utilizes the driveway
specified for loading and unloading personnel;
(c)
Any person utilizing a designated area for attending an athletic
or other organized school event.
B.
Disorderly conduct on public school property.
(1)
No person shall, on any school property or building, engage in violent,
abusive, loud or otherwise disorderly conduct which causes or provokes
an immediate disturbance of public order or disturbs or annoys any
other person; nor shall a person intentionally engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
(2)
Nonstudents, students from schools other than the school on the property
or students from a school who are not in compliance with the school
system's published rules and regulations shall be considered in violation
of this section. The published rules and regulations of the school
system are incorporated as if fully set forth herein.
(3)
All entrances to the school buildings referred to in Subsection A shall be posted by the school board with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."
(4)
"Unauthorized presence" shall include any vehicle that is found on
school property which has not received permission to be there. If
the occupants or owners are not on school property for some legitimate
business or activity or are parked in an area that regulates parking
to certain authorized vehicles, they are in violation. Such vehicle
may be issued a Village summons that regulates parking or may be towed
away at the direction of the school principal or person in charge
of such school building. Law enforcement officers may also have any
vehicle towed away which, because of its location, creates a hazard
to life or property.
C.
Loitering near school prohibited. No person not in official attendance
or on official school business shall enter into, congregate, loiter
or cause a nuisance in any school building in the Village of Sullivan
or upon any school district grounds or within adjacent posted school
zones on any day when such schools are in session.
D.
Possession of intoxicating liquor and fermented malt beverages. No
person shall possess intoxicating liquor or fermented malt beverages
while on any school property.
A.
Lawful orders. It shall be unlawful for any person to fail to obey
the direction or order of a law enforcement officer while such police
officer is acting in an official capacity in carrying out his or her
duties.
B.
Resisting or interfering with officer prohibited. It shall be unlawful
for any person to resist or in any way interfere with any law enforcement
officer or any person called to assist such officer, or to threaten,
resist or interfere with such officer or person or to advise or encourage
any other person to resist or interfere with such officer or person
in the discharge of his/her duty, or to in any way interfere with
or hinder or prevent him/her from discharging his/her duty as such
officer or assistant, or to offer or endeavor to do so, or to in any
manner assist any person in the custody of any law enforcement officer
to escape or to attempt to escape from such custody, or to try to
persuade any person to escape from the custody of such officer, or
to rescue or attempt to rescue any person so in custody or to fail
to obey the order or direction of such officer while such officer
is acting in his/her official capacity in carrying out his/her duties.
A.
Possession of controlled substances. It is unlawful for any person
to possess a controlled substance, other than a controlled substance
classified in Schedule I and II under Chapter 961, Wis. Stats., which
is a narcotic drug, unless the substance was obtained directly from,
or pursuant to a valid prescription or order of, a practitioner while
acting in the course of his/her professional practice, or except as
otherwise authorized by this Code.
B.
Possession of marijuana.
(1)
No person shall possess 25 grams or less of marijuana (tetrahydrocannabinols,
commonly known as "THC," in any form including tetrahydrocannabinols
contained in marijuana, obtained from marijuana or chemically synthesized),
as defined in § 961.01, Wis. Stats., unless it was obtained
directly from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of his or her professional
practice, or except as otherwise authorized by Chapter 961, Wis. Stats.
(2)
For purposes of this section, "practitioner" means:
(a)
A physician, dentist, veterinarian, podiatrist, scientific investigator
or other person licensed, registered or otherwise permitted to distribute,
dispense, conduct research with respect to, or administer a controlled
substance in the course of professional practice or research in the
State of Wisconsin.
(b)
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 or research in the State of Wisconsin.
(3)
This section does not apply to any person who is charged with possession
of more than 25 grams of marijuana, or who is charged with possession
of any amount of marijuana following a conviction for possession of
any amount of marijuana, in the State of Wisconsin.
C.
Toxic inhalants.
(1)
TOXIC INHALANTS
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any glue, paint, gasoline, aerosol, adhesive cement, mucilage,
plastic cement or any similar substance containing one or more of
the following volatile substances:
Acetone;
Benzene;
Butyl alcohol;
Cyclohexanone;
Ethyl acetate;
Ethyl alcohol;
Ethylene dichloride;
Hexane;
Isopropl alcohol;
Methyl alcohol;
Methyl celosove;
Acetate;
Methyl ethyl ketone;
Methyl isobutyl ketone;
Pentachlorphenol;
Petroleum ether;
Trichlorethylene;
Tricresylphosphate;
Toluene;
Toluol; or
Any other chemical capable of producing intoxication when inhaled.
(2)
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/her
eyesight, thinking process, judgment, balance or muscular coordination.
(3)
Limitations on sales, transfer, and possession of toxic inhalants.
No person shall, for the purpose of violating or aiding another to
violate any provision of this subsection, possess, buy, sell, transfer
possession or receive possession of any toxic inhalants.
D.
Additional penalties. In addition to the penalties in Chapter 1, Article II, General Penalty, of this Code:
(1)
If any adult violates Subsection B or C, the court shall, in addition to any other penalties that may apply to the offense, suspend or revoke the person's operating privilege for not less than six months nor more than five years. The court shall immediately take possession of any suspended or revoked license and forward it to the Department of Transportation, together with the record of conviction and notice of suspension or revocation.
(3)
If any person who is under 18 years of age violates Subsection B or C, the court shall, in addition to any other penalties that may apply to the offense, suspend or revoke the person's operating privilege for not less than six months nor more than five years. The court shall immediately take possession of any suspended or revoked license and forward it to the Department of Transportation, together with the record of conviction and notice of suspension or revocation.
A.
Purpose; background.
(1)
Background - synthetic cannabinoid. Products that are commonly known
as synthetic cannabinoid, marijuana containing synthetic cannabinoids,
synthetic THC, or substantially similar chemicals or products often
in the form of incense, potpourri, plant food, spice, special dietary
supplements or herbal smoking blends, are commonly marketed or sold
to the public under names such as, but not limited to: "K2," "K3"
or "K4"; "K-2 Summit"; "K-2 Sex"; "Spice"; "Genie"; "Yucatan Fire";
"Dascents"; "Zohal"; "Sage"; "Pep Spice"; "Solar Flare"; "K.O. Knock-Out
2"; "Spice Gold"; "Spice Diamond"; "Spice Cannabinoid"; and "Fire
and Ice."
(2)
Background - synthetic drugs. Like the marketing of synthetic cannabinoids
as incense (such as, but not limited to, Spice or K2), synthetic drugs
are also commercially available, and in some instances are marketed,
as bath salts under such names as "Bliss," "Vanilla Sky," "White Lightning,"
"Ivory Snow," "Ivory Wave," "Purple Wave," "Red Dove," "Hurricane
Charlie" or other names, or are packaged or marketed as potpourri,
incense, plant food, spice, tobacco, or dietary supplements.
(3)
Scientific background. The Village Board finds that the United States
Drug Enforcement Agency in 2008 alerted law enforcement and public
officials that synthetic cannabinoid products are structurally and
pharmacologically similar to the active ingredient of marijuana (THC),
a Schedule 1 controlled substance. While there are hundreds of synthetic
compounds and their analogs, some are more common synthetic cannabinoids
and synthetic drugs include, but are not limited to:
(a)
Salviadivinorum or salvinorum A. All parts of the plant presently
classified botanically as salvia divinorum.
(b)
JWH-018. [1-Pentyl-3-(1-naphthoyl)] indole is an analgesic chemical
from the naphthoylindole family, which acts as a full agonist at both
the CB1 and CB2 cannabinoid receptors, with some selectivity for CB2.
It produces effects in animals similar to those of THC, a cannabinoid
naturally present in cannabis, leading to its use in synthetic cannabis.
(c)
JWH-073. 1-butyl-3-(1 naphthoyl) indole is an analgesic chemical
from the naphthoylindole family, which acts as a partial agonist at
both the CB1 and CB2 cannabinoid receptors. It is somewhat selective
for the CB2 subtype with affinity at this subtype approximately 5x
the affinity at CB1. The abbreviation JWH stands for John W. Huffman,
one of the inventors of the compound.
(d)
JWH-200. 1-[2-4(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole
is an analgesic chemical from the phenylacetylindole family, which
acts as a cannabinoid agonist at both the CB1 and CB2 receptors, with
a Ki of 11nM at CB1 and 33nM at CB2. Unlike many of the older JWH
series of compounds, this compound does not have a naphthalene ring,
instead occupying this position with a 2-methoxyphenyl group making
JWH-250 a representative member of a new class of cannabinoid ligands.
(e)
CP 47, 497. 2-(3-hydroxycyclohexyl)-5-(2-methylocatan-2-yl)
phenol [some trade and other names: CP-47, 497] and 2-(3-hydroxyclohexyl)-5-(2
methylnonan-2-yl) phenol [some trade names and other names: CP-47,
497, C8 homologue, cannabicyclohexanol] is a cannabinoid receptor
agonist drug, developed by Prizer in the 1980s. It has analgesic effects
and is used in scientific research. It is a potent CB1 agonist with
a Kd of 2.1nM.
(f)
JWH-081. 4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl) methanone
is an analgesic chemical from the naphthoylindole family, which acts
as a cannabinoid agonist at both the CB1 and CB2 receptors. It is
fairly selective for the CB1 subtype, with affinity at this subtype
approximately 10x the affinity at CB2.
(g)
JWH-250. (1-pentyl-1H-indol-3-yl)-2-(2methoxyphenyl)-ethanone
is an analgesic chemical from the phenylacetylindole family, which
acts as a cannabinoid agonist at both the CB1 and CB2 receptors, with
a Ki of 11nM at CB2. Unlike many of the older JWH series compounds,
this compound does not have a naphalene ring, instead occupying this
position with a 2-methoxyphenyphenylacetyl group making JWH-250 a
representative member of a new class of cannabinoid ligands.
(h)
HU-210. (6aR, 10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2methyloctan-2-yl)6a,
7,10, 10a-tetrahydrobenzo[c] chromen-1-o1 is structurally and pharmacologically
similar to tettrahydrocannabinol.
(4)
Federal health and law enforcement warning. The Village Board notes
that the National Drug Intelligence Center of the United States Department
of Justice issued an immediate alert to law enforcement and public
health officials of potential substance abuse problems and harmful
side effects related to the use of these synthetic cannabinoid products
in EWS 000006 dated May 18, 2010.
(5)
Statutory status. The Village Board finds that while these synthetic
cannabinoids and synthetic drugs listed above may be prohibited controlled
substance analogs under Chapter 961, Wis. Stats., the State of Wisconsin
may not specifically list all varieties of synthetic cannabinoids
and synthetic drugs as controlled substances in Chapter 961, Wis.
Stats.
(6)
Municipal determination. The Village Board finds that, in order to
promote the public health, safety and welfare, products containing
synthetic cannabinoids or synthetic drugs, and their derivatives,
analogues, homologues, salts, optical isomers and salts of optical
isomers with substantially similar chemical structure and pharmacological
activity intended to mimic the effects of marijuana or other controlled
substance, such synthetic substance(s) should be prohibited in the
Village of Sullivan. Ingestion of synthetic drugs has been shown to
produce dangerous side effects, such as, but not limited, to:
(a)
Nausea;
(b)
Vomiting;
(c)
Hallucinations;
(d)
Blurred vision;
(e)
Delusions;
(f)
Headaches;
(g)
Agitation;
(h)
Anxiety;
(i)
Insomnia;
(j)
Convulsions;
(k)
Addiction;
(l)
Psychosis;
(m)
Elevated blood pressure;
(n)
Loss of consciousness;
(o)
Tremors;
(p)
Suicidal thoughts;
(q)
Seizures;
(r)
Paranoid behavior;
(s)
Elevated or irregular heart rates; and
(t)
Death.
B.
Possession and sale of synthetic cannabinoids prohibited. It shall
be illegal for any person in the Village of Sullivan to possess, purchase,
attempt to purchase, sell, publicly display for sale or attempt to
sell, give, or barter any material, chemical, compound, mixture or
preparation that is intended to have the same or similar effects of
the controlled substance marijuana, including, but not limited to,
synthetic cannabinoids, JWH-018, JWH-073, JWH-200, JWH-081, JWH-250,
Hu-210; cannabicyclohexanol, cp 47, 497; or any similar structural
analogs commonly found in, referred to, or marketed or sold under
the names "K2," "K3," "K4," "Spice," "Genie," "Yucatan Fire," "Fake,"
"new or legal marijuana," or by any other name, label or description:
(1)
Salviadivinorum or salvinorum A; all parts of the plant presently
classified botanically as salvia divinorum, whether growing or not,
the seeds thereof; any extract from any part of such plant, and every
compound, manufacture, salts derivative, mixture or preparation of
such plant, its seeds or extracts;
(2)
(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3 (2methyloctan-2-yl)-6a,
7, 10, 10a- tetrahydrobenzo[c]chromen-1-ol, some trade or other name(s);
HU-210;
(3)
1-Pentyl-3-(1-naphthoyl) indole or some trade or other name(s); JWH-018,
Spice;
(4)
1-Butyl-3-(lnaphthoyl) indole or some trade or other name(s); JWH-073;
(5)
1-(3{trifluoromethylphenyl}) piperazine or some trade or other name(s);
TFMPP;
(6)
1-[2-4(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole or some trade
or other name(s); JWH-200;
(7)
2-(3-hydroxycyclohexyl)-5-(2-methylocatan-2-yl) phenol or some trade
or other name(s); CP-47, 497;
(8)
4-methoxynaphthalen-l-yl-(1-pentylindol-3-yl) methanone or some trade
or other name(s);
(9)
(1-pentyl 1H-indol-3-yl)-2-(2methoxyphenyl)-ethanone or some trade
or other name(s); JWH;
(10)
Any similar structural analogs or synthetic cannabinoids specified
in § 961.14(4)(tb) through (ty), Wis. Stats., if not otherwise
listed above.
C.
Possession and sale of synthetic drugs prohibited. It shall be illegal
in the Village of Sullivan for any person to possess, purchase, attempt
to purchase, sell, publicly display for sale or attempt to sell, give
or barter any material, chemical, compound, mixture or preparation
that is a synthetic drug, including, but not limited to, the following:
(1)
Methylenedioxypyrovalerone, commonly known as "MDPV" or "bath salts."
(2)
4-methylmetheathinone, commonly known as "mephedrone" or "4-MMC."
(3)
4-bromo-2,5-dimethoxy-beta-phenylethylamine, commonly known as "Nexus"
or "2C-B."
(4)
4-iodo-2,5-dimethoxy-beta-phenylethylamine, commonly known as "2C-1."
(5)
Any other substance which has been listed as a synthetic drug in
the Wisconsin Statutes or Village ordinances, including this section,
and their derivatives, analogues, homologues, salts, optical isomers
and salt of isomers with substantially similar chemical structure
and pharmacological activity as a synthetic drug or other controlled
substance.
D.
Use or possession of synthetic cannabinoids or synthetic drugs. It
shall be unlawful for any person in the Village of Sullivan to use,
possess, attempt to possess, inject, ingest, insert rectally, burn,
incinerate or ignite the any substance prohibited by this section.
For purposes of this section, a person knowingly possesses such substances
when the person knows the substance induces the effects described
in this section, regardless of whether the person knows whether a
chemical compound specifically described in this section is present
in the product being used or possessed.
E.
Additional statutory-derived prohibitions. Sections 961.14 and 961.41,
Wis. Stats., are adopted and incorporated herein by reference. The
following are prohibitions based upon those statutory regulations:
(1)
The possession of any controlled substance (i.e., synthetic cannabinoids)
specified in § 961.14(4)(tb) through (ty), Wis. Stats.,
is prohibited.
(2)
Any act prohibited by § 961.41(3g)(em), Wis. Stats., pertaining
to MDPV and mephedrone or a controlled substance analog of synthetic
cannabinoids is prohibited.
(3)
Any act prohibited by § 961.41(3g)(d), Wis. Stats., pertaining
to MDPV and mephedrone or a controlled substance analog of MDPV or
mephedrone is prohibited.
F.
Medical or dental use allowed. Acts otherwise prohibited under this
section shall not be unlawful if done by or under the direction of
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 law.
G.
ANALOGUE
HOMOLOGUE
Definitions. The following words, terms or phrases, when used in
this section, shall have the meanings ascribed to them as follows,
except where the text clearly indicates a different meaning or the
word, term or phrase is defined in the Wisconsin Statutes:
A chemical compound that is structurally similar to another
but differs slightly in composition, such as in the replacement of
an atom by an atom of a different element or in the presence of a
particular functional group.
One of a series of compounds distinguished by the addition
of a CH2 group in successive members.
No individual shall cross a police or fire line that has been
so designated by banner, signs or other similar identification.
A.
Harassment. No person, with intent to harass or intimidate another
person, shall do any of the following; each instance shall be considered
a separate violation:
B.
Harassing or obscene telephone calls. Whoever commits any of the
following acts shall be subject to the general penalty as provided
in this Code:
(1)
Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious or indecent;
(2)
Makes a telephone call, whether or not conversation ensues, with
the intent to abuse, threaten or harass any person at the called number
or numbers;
(3)
Makes or causes the telephone of another repeatedly or continuously
to ring, with intent to harass any person at the called number or
numbers;
(4)
Makes repeated telephone calls, during which conversation ensures,
solely to harass any person at the called number or numbers;
(5)
Knowingly permits any telephone under his/her control to be used
for any purpose prohibited by this section;
(6)
In conspiracy or concerted action with other persons, makes repeated
calls or simultaneous calls solely to harass any person at the called
number or numbers.
No person shall have or permit on any premises owned or occupied
by him/her any open cisterns, cesspools, wells, unused basements,
excavations or other dangerous openings. All such places shall be
filled, securely covered or fenced in such manner as to prevent injury
to any person and any cover shall be of a design, size and weight
that the same cannot be removed by small children.
All forms of gambling, lotteries and fraudulent devices and
practices are prohibited within the Village, except as provided by
state law. Any law enforcement officer or the Village Board may seize
anything devised solely for unlawful gambling or found in actual use
for gambling within the Village and dispose thereof after a judicial
determination that such device was used solely for gambling or found
in actual use for gambling.
A.
AMBULANCE
AMBULANCE ATTENDANT
AMBULANCE SERVICE PROVIDED
AUTHORIZED EMERGENCY VEHICLE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
BONA FIDE EMERGENCY or BONA FIDE REQUEST FOR EMERGENCY SERVICES
EMERGENCY MEDICAL PERSONNEL
PERSON
Definitions. For the purposes of this section, the following definitions
apply to the terms as used herein:
An emergency vehicle, including any motor vehicle, boat or
aircraft, whether privately or publicly owned, which is designated,
constructed or equipped to transport patients.
A person who is responsible for the administration of emergency
care procedures, proper handling and transporting of the sick, disabled
or injured persons, including, but not limited to, ambulance attendants
and ambulance drivers.
A person engaged in the business of transporting sick, disabled
or injured persons by ambulance to or from facilities or institutions
providing health services.
Any of the following:
Police vehicles, whether publicly or privately owned;
Conservation wardens' vehicles or foresters' trucks, whether
publicly or privately owned;
Vehicles of a fire department or fire patrol;
Privately owned motor vehicles being used by deputy state fire
marshals or by personnel of a full-time or part-time fire department
or by members of a volunteer fire department while en route to a fire
or on an emergency call pursuant to orders of their chief or other
commanding officer;
Such emergency vehicles of municipal or county departments or
public service corporations as are designated or authorized by the
local authorities to be authorized emergency vehicles.
Such emergency vehicles of state departments as are designated
or authorized by the heads of such departments to be authorized emergency
vehicles;
Such ambulances, publicly owned, as are designated or authorized
by local authorities to be authorized emergency vehicles;
Such ambulances which are privately owned and are operated by
owners or their agents and which vehicles are authorized by the sheriff
or others designated by the county board to be operated as emergency
vehicles. The sheriff or others designated by the county board may
make such authorization which shall be in writing and which shall
be effective throughout the state until rescinded. The sheriff or
others designated by the county board may designate any owner of ambulances
usually kept in the county to operate such vehicles as authorized
emergency vehicles. Such written authorization shall at all times
be carried on each ambulance used for emergency purposes. The sheriff
shall keep a file of such authorizations in his office for public
inspection, and all other persons permitted to issue authorizations
shall file a copy of all authorizations issued with the sheriff who
shall keep them on file.
Those circumstances wherein the caller reasonably believes
that person(s) and or property may be in actual or potential danger
of injury, and in the case of person(s), in danger of illness.
Any emergency medical personnel, ambulance attendant, peace
officer or firefighter, or other person operating or staffing an ambulance
or an authorized emergency vehicle.
Any individual, firm, partnership, association, corporation,
trust, foundation, company, any governmental agency other than the
U.S. government, or any group of individuals, however named, concerned
with the operation of an ambulance.
B.
Prohibitions. It is the intent of the Village of Sullivan, in its adoption of this provision, to protect against the foregoing activities in a manner consistent with that provided by § 941.37, Wis. Stats. The following acts are prohibited and perpetration thereof subjects the violator to a penalty as provided by Chapter 1, Article II, of this Code:
(1)
Knowingly obstructing any emergency medical personnel in the performance
of duties relating to an emergency or rescue;
(2)
Intentionally interfering with any medical personnel in the performance
of duties relating to an emergency or rescue, when it is reasonable
that the interference may endanger another's safety;
(3)
Knowingly making any telephone call to any emergency medical personnel,
police agency or fire department for any purpose other than to report
a bona fide emergency or to make a bona fide request for emergency
services.
A.
ALCOHOLIC BEVERAGES
CONTROLLED SUBSTANCES
LODGING ESTABLISHMENT
UNDERAGE PERSON
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The meaning given in § 125.02(1), Wis. Stats.
The meaning given in § 961.01(4), Wis. Stats.
The meaning given in § 106.52, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The meaning given in § 125.02(20m), Wis. Stats.
C.
Denial of lodging. An owner or employee of a lodging establishment
may deny lodging to an adult if the owner or employee reasonably believes
that consumption of an alcoholic beverage by an underage person, not
accompanied by his or her parent, legal guardian or spouse, who has
attained the legal drinking age, or illegal use of a controlled substance,
may occur in the area of the lodging establishment procured.
D.
Deposits. An owner or employee of a lodging establishment may require
a cash deposit or use of a credit card at the time of application
for lodging.
A.
Statement of purpose; findings of fact. The Village Board of the
Village of Sullivan finds the following facts to exist:
(1)
The consumption of products labeled not for human consumption is
a public health hazard, creates public nuisance situations, and results
in an increased need for public safety services.
(2)
Health hazards associated with the consumption of such products and
materials include:
(a)
Addiction;
(b)
Stimulation;
(c)
Psychosis;
(d)
Stroke;
(e)
Anxiety;
(f)
Agitation;
(g)
Nausea;
(h)
Vomiting;
(i)
Hallucinations;
(j)
Blurred vision;
(k)
Delusions;
(l)
Headaches;
(m)
Insomnia;
(n)
Convulsions
(o)
Elevated blood pressure;
(p)
Loss of consciousness;
(q)
Tremors;
(r)
Suicidal thoughts;
(s)
Seizures;
(t)
Paranoid behavior;
(u)
Elevated or irregular heart rates; and
(v)
Other physical and mental disorders.
(3)
This section is intended to complement state and federal laws regulating
products labeled not for human consumption, including, but not limited
to, synthetic drugs. In the event of conflict, the most restrictive
regulatory provision shall apply.
B.
C.
CONSUME or CONSUMPTION
Definition. As used in this section, the following terms shall have
the meanings indicated:
Includes eating, smoking, drinking, inhalation or injection.
