No person shall, in a public or private place, engage in violent,
abusive, indecent, profane, boisterous, unreasonably loud, or otherwise
disorderly conduct under circumstances in which such conduct tends
to cause or provoke a disturbance.
[Added 7-8-2003 by Ord. No. 2003-05; amended 11-14-2017 by Ord. No. 2017-04]
A.
Loud and unnecessary noise prohibited. No person shall make or assist in making any noise tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof except as described in Subsection C.
B.
Types of loud and unnecessary noises. The following acts are declared
to be loud, disturbing and unnecessary noises in violation of this
section, but this enumeration shall not be deemed to be exclusive:
(1)
Use of radios, sound systems and similar devices. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, sound system, meaning a phonograph, tape player, CD player, or other similar system, or other machine or device for the producing or reproducing of sound between the hours of 10:00 p.m. and 7:00 a.m. in a manner so as to be unreasonably loud under the provisions as set forth in Subsection A above shall be prima facie evidence of a violation of Subsection A.
(2)
Construction or repair of buildings and excavations. The erection, demolition, alteration or repair of any building, as well as the operation of any pile driver, motorized tools or equipment, derrick, motorized hoist, or any other similar equipment attended by loud or unusual noise, or the conduct of excavation operations, other than between the hours of 7:00 a.m. and 7:00 p.m. on a weekday or Saturday shall be prima facie evidence of a violation of Subsection A; provided, however, that the Village Manager shall have the authority, upon determining that the loss or inconvenience which would result to any party in interest would be extraordinary and of such nature as to warrant special consideration, to grant a permit for a period necessary within which time such work and operation may take place outside the hours prescribed above.
[Amended 8-14-2018 by Ord. No. 2018-07]
(3)
Use of lawn equipment. The use of lawn equipment between the hours of 8:00 p.m. and 7:00 a.m. within the corporate limits of Fox Point shall be prima facie evidence of a violation of Subsection A.
(4)
Discharge of exhausts. The discharge into the open air of the exhaust of any stationary internal combustion engine or motorboat, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, shall be prima facie evidence of a violation of Subsection A.
C.
Exceptions. The provisions of this section shall not apply to:
(1)
Any vehicle or equipment of the Village, county, state or other governmental
entity having jurisdiction in the area, or utility, while engaged
in necessary public business.
(2)
The reasonable use of amplifiers or loudspeakers in the course of
governmental or school activities which are noncommercial in nature.
(3)
Reasonable vocal noise from or caused by persons attending government-
or school-sponsored activities, or engaged in recreational use of
public parks or pools.
(4)
Noise that cannot be prevented and is necessary for the protection
or preservation of property or the health, safety, life or limb of
some person.
[Amended by Ord. No. 469]
A.
It shall unlawful for any railroad company or railroad employee to
blow any train whistle between the hours of 8:00 p.m. and 6:00 a.m.
within the Village unless necessary to prevent immediate danger to
life or property, and except that train whistles shall be blown at
all hours on every southbound train even though within the Village
as the train approaches and crosses East Dean Road.
B.
In any prosecution of blowing a whistle at a prohibited time, the
burden of proof shall be upon the defendant to show that immediate
danger to life or property required the blowing of the whistle.
[Added by Ord. No. 464]
A.
It is unlawful for any person to sell, expose or offer for sale,
use, keep, discharge or explode any firecrackers, blank cartridges,
toy pistols or cannons, toy canes, or cannons in which explosives
are used, contrivances using explosive caps or cartridges, sparklers,
display wheels, the type of balloon which requires fire underneath
to propel the same, torpedoes, skyrockets, Roman candles, aerial salutes,
American or Chinese bombs or other fireworks of like construction,
or any fireworks containing any explosive or flammable compound, or
any tablets or other devices commonly used and sold as fireworks containing
nitrates, chlorates, oxalates, sulphides of lead, barium, antimony,
arsenic, mercury, nitroglycerine, phosphorous or any compound containing
any of the same or other modern explosives, within the Village of
Fox Point, except as hereinafter provided.
B.
Nothing herein contained shall prohibit the use of fireworks other than those prohibited by Subsection G for pyrotechnic displays given by public authorities, fair associations, amusement parks, park boards, civic organizations or groups of individuals that have been granted a permit for such display by the Village Manager upon confirmation by the Chief of Police and Chief of the North Shore Fire Department, or their designate, that such use of fireworks or displays will not present an unreasonable risk to the public health, welfare or safety.
[Added 4-11-2000 by Ord. No. 2000-04]
C.
The Village President may require an indemnity bond with good and
sufficient sureties for the payment of all claims that may arise by
reason of injuries to person or property from the handling, use or
discharge of fireworks under such permit. Such bond, if required,
shall be taken in the name of the Village of Fox Point, and any person
injured thereby may bring an action on said bond in his own name to
recover the damage he has sustained, but the aggregate liability of
the surety to all persons shall in no event exceed the amount of such
bond. The bond, if required, together with a copy of the permit shall
be filed in the office of the Village Clerk/Treasurer.
D.
Nothing herein contained shall prohibit the use or sale of blank
cartridges for circus or theatrical purposes, or signal purposes in
athletic contests or sports events, or use by militia, police or military
organizations; nor the use or sale of colored flares or torpedoes
for railway, aircraft, or highway signal purposes.
E.
Nothing in this section shall be construed to prohibit any resident wholesaler, dealer or jobber from selling fireworks other than those prohibited by Subsection G at wholesale, but only when the same are shipped or delivered directly outside of the State of Wisconsin or to an organization or group granted a permit under this section.
F.
The following provisions shall apply to places where fireworks are
stored or handled:
(1)
Such premises shall be equipped with fire extinguishers approved
by the Chief of the Police Department.
(2)
Smoking is prohibited where fireworks are stored or handled.
(3)
It is hereby made the duty of every wholesaler, dealer or jobber
keeping, storing or handling, within the Village, fireworks of any
description, to notify the Chief of the Police Department immediately
of the receipt of such fireworks, or the removal thereof from one
location to another, and the location where such fireworks are stored.
No such fireworks shall be stored in any building used for dwelling
purposes or in any building situated within 50 feet of any building
used for dwelling purposes, or in places of public assemblage, or
within 50 feet of any gasoline pump, gasoline filling station or gasoline
bulk station, or any building in which gasoline or volatile liquid
is sold in quantities in excess of one gallon.
G.
Under no circumstances shall any person sell, keep for sale, manufacture
or bring into the Village for use therein any fire balloon, mortars,
except mortars used for special display purposes, or cannon, or any
explosive cane, toy pistol, toy revolver or other contrivance using
explosive caps or cartridges, any Chinese firecrackers more than two
inches in length or more than three-eighths inch in diameter, outside
measurements of container, or any article containing a compound of
mercury or yellow phosphorous.
H.
A parent or legally appointed guardian of any minor who shall knowingly
permit such minor to purchase or have in his possession or to discharge
any fireworks forbidden by this section shall be deemed to have violated
this section, and such parent or guardian shall be personally liable
for any damage caused by such possession or discharge of fireworks.
I.
The prohibitions provided in this section shall not apply to toy
pistols, toy canes, toy guns or other devices in which paper caps
manufactured in accordance with the United States Interstate Commerce
Commission regulations for packing and shipping of toy paper caps
are used or to toy pistol paper caps so manufactured, the sale and
use of which shall be permitted at all times.
J.
The prohibitions provided in this section shall not apply to gold-star-producing
sparklers on wires which contain no magnesium, chlorate or perchlorate
and toy snakes which contain no mercury; the sale and use of which
shall be permitted at all times.
K.
The prohibitions provided in this section shall not apply to smoke
novelties and party novelties which contain less that one-quarter
grain of explosive mixture.
[Added by Ord. No. 357]
No person shall make, carry, possess, sell, give, or use any
type of fire and explosive creating device which is defined to mean
a flammable-liquid filled bottle or container with a fuse, wick, or
any other type of ignition or detonating device, flammable liquid
fire bomb or any other device or missile which can be ignited and
cause ignition of any premises or material or which can cause damage
by explosion.
[Amended by Ord. No. 513[1]]
A.
For the
purpose of this section, "grounds" includes, without limitation, real
property and any tree, shrub, bush, sod, or other vegetation.
B.
Public buildings and property. No person shall intentionally damage,
harm, deface, soil, or mar any building, grounds, or property owned,
possessed, or controlled by the Village or other governmental unit
or subdivision.
C.
Private buildings and property. No person shall intentionally and
without the owner's consent damage, harm, deface, soil, or mar any
privately owned building, grounds, or property.
D.
Vehicles. No person shall intentionally and without the consent of
the owner, damage, harm, deface, soil, or mar any vehicle, privately
or publicly owned, whether located on public or private property.
[Added by Ord. No. 481; amended 9-26-1989 by Ord. No. 89-564;4-11-2023 by Ord. No. 2023-02]
A.
Unlawful use of telephone.
(1)
No person shall, by means of a telephone call originating within
or received within the Village of Fox Point:
(a)
With intent to frighten, intimidate, threaten, abuse or harass,
make a telephone call and threaten to inflict injury or physical harm
to any person or the property of any person.
(b)
With intent to frighten, intimidate, threaten or abuse, telephone
another and use any obscene, lewd or profane language or suggests
any lewd or lascivious act.
(c)
Make a telephone call, whether or not conversation ensues, without
disclosing his or her identity and with intent to abuse or threaten
any person at the called number.
(d)
With intent to harass or offend, telephone another and use any
obscene, lewd or profane language or suggest any lewd or lascivious
act.
(e)
Make or cause the telephone of another repeatedly to ring, with
intent to harass any person at the called number.
(f)
Make repeated telephone calls, whether or not conversation ensues,
with intent solely to harass any person at the called number.
(g)
Make a telephone call, whether or not conversation ensues, without
disclosing his or her identity and with intent to harass any person
at the called number.
(h)
Knowingly permit any telephone under his or her control to be
used for any purpose prohibited by this section.
(i)
Utilize the 911 emergency telephone number system for any purpose
other than to report an emergency or to report an emergency knowing
that in fact the situation which he or she reports does not exist.
An "emergency" is when an immediate response by public safety personnel
is essential and an existing or very probable situation exists of
bodily harm or life-threatening illness or condition, or property
damage or loss, or escape of a suspect in a criminal offense or its
municipal offense counterpart.
B.
Unlawful use of computerized communication systems.
(1)
In this section, "message" means any transfer of signs, signals,
writing, images, sounds, data or intelligence of any nature, or any
transfer of a computer program, as defined in Wis. Stats. § 943.70(1)(c).
(2)
Whoever does any of the following is guilty of a violation of this
section:
(a)
With intent to frighten, intimidate, threaten, abuse or harass
another person, sends a message to the person on an electronic mail
or other computerized communication system 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 or harass
another person, sends a message on an electronic mail or other computerized
communication system with the reasonable expectation that the person
will receive the message and, in that message, threatens to inflict
injury or physical harm to any person or the property of any person.
(c)
With intent to frighten, intimidate, threaten or abuse another
person, sends a message to the person on an electronic mail or other
computerized communication system and in that message uses any obscene,
lewd or profane language or suggests any lewd or lascivious act.
(d)
With intent to frighten, intimidate, threaten or abuse another
person, sends a message on an electronic mail or other computerized
communication system with the reasonable expectation that the person
will receive the message and in that message uses any obscene, lewd
or profane language or suggests any lewd or lascivious act.
(e)
With intent to frighten, intimidate, threaten or abuse another
person, sends a message to the person on an electronic mail or other
computerized communication system while intentionally preventing or
attempting to prevent the disclosure of his or her own identity.
(f)
While intentionally preventing or attempting to prevent the
disclosure of his or her identity and with intent to frighten, intimidate,
threaten or abuse another person, sends a message on an electronic
mail or other computerized communication system with the reasonable
expectation that the person will receive the message.
(g)
With intent to harass, annoy or offend another person, sends
a message to the person on an electronic mail or other computerized
communication system and in that message uses any obscene, lewd or
profane language or suggests any lewd or lascivious act.
(h)
With intent to harass, annoy or offend another person, sends
a message on an electronic mail or other computerized communication
system with the reasonable expectation that the person will receive
the message and in that message uses any obscene, lewd or profane
language or suggests any lewd or lascivious act.
(i)
With intent solely to harass another person, sends repeated
messages to the person on an electronic mail or other computerized
communication system.
(j)
With intent solely to harass another person, sends repeated
messages on an electronic mail or other computerized communication
system with the reasonable expectation that the person will receive
the messages.
(k)
With intent to harass or annoy another person, sends a message
to the person on an electronic mail or other computerized communication
system while intentionally preventing or attempting to prevent the
disclosure of his or her own identity.
(l)
While intentionally preventing or attempting to prevent the
disclosure of his or her identity, and with intent to harass or annoy
another person, sends a message on an electronic mail or other computerized
communication system with the reasonable expectation that the person
will receive the message.
(m)
Knowingly permits or directs another person to send a message
prohibited by this section from any computer terminal or other device
that is used to send messages on an electronic mail or other computerized
communication system and that is under his or her control.
