[Code 1982, § 9.02; Ord. No. 1145, 11-25-2008; Ord. No. 1215, 11-8-2011; Ord. No. 1219, 5-8-2012; Ord. No. 1266, 4-8-2014; Ord. No. 1333, 6-28-2016]
(1) 
Unless prohibited by state and federal law, persons may carry exposed firearms or dangerous weapons in the City of Marshfield, and they may further carry concealed firearms or dangerous weapons in the City of Marshfield with a valid permit or license.
(a) 
Dangerous weapon means:
1. 
A firearm, meaning a weapon designed to fire a projectile by force of gunpowder.
2. 
An air gun, meaning a weapon designed to emit a solid projectile through use of compressed air or other gas propellant.
3. 
A chemical weapon such as mace, pepper spray or similar chemical designed to incapacitate a human.
4. 
A stun gun, cattle prod or similar electronic control device (EDC) designed to incapacitate a human through the use of electrical charge or current.
5. 
Blunt impact weapons designed to strike a human, including but not limited to a sap, brass knuckles, baton or nun-chukkas.
6. 
Any other item, instrument or device specifically designed to cause bodily harm to another.
(b) 
The following restrictions shall apply to the carrying of firearms or dangerous weapon:
1. 
School Property: No person may carry any exposed or concealed firearm, ammunition for any firearm, or dangerous weapon onto school property. No person may carry a folding, retractable, or fixed blade knife of any kind while on school property unless otherwise authorized by school administration.
2. 
Courtrooms: No person may carry any exposed or concealed dangerous weapon or bladed weapon of any kind into any courtroom while court is in session, unless otherwise permitted by the Wisconsin Statutes.
3. 
Public Building: No person may enter or remain in a public building which is properly signed and while in possession of a firearm or dangerous weapon; exposed or concealed.
4. 
Private Buildings: No person may carry any exposed or concealed firearm into a private business which is properly signed or has been personally instructed to remove such firearm from the premises by the person in control of the premises.
5. 
Private Residence: No person may carry a concealed or exposed firearm into a private residence when properly signed or personally instructed not to do so by the owner or person having the legal right of control the premises.
6. 
Special Events: No person may carry any exposed or concealed firearm into any event which lasts no longer than three weeks and is properly signed prohibiting such possession and has controlled access points or admission is charged.
7. 
Establishments Serving Alcoholic Beverage: No person may carry any exposed or concealed firearm into any establishment that serves alcohol for consumption on premises and that party partakes in such consumption.
8. 
Trespass with weapon: Any person entering properly signed areas or failing to remove any dangerous weapon from any location described in § 10-30(1)(b) 1-7, after having been instructed to do so specifically by the person(s) in control or having legal interest, may be cited for trespass under this section.
(c) 
"Properly signed".
1. 
For purposes of this Section, "Properly signed" shall mean signs not less than 5 inches by 7 inches notifying any individual not to enter or remain in a part of that building, or on the grounds of that building while carrying a firearm, dangerous weapon or any particular type of firearm or dangerous weapon and the posting of such signs shall be in accordance with §943.13 of the Wisconsin Statutes.
(d) 
The following individuals shall be exempted from the prohibitions against the carrying of firearms under this section:
1. 
Sworn law enforcement personnel.
2. 
Former law enforcement officers with proper picture identification and certification within the past 12 months in accordance to 18 U.S.C. 926
3. 
Armed forces personnel acting in the line of their duties.
(e) 
Ordinance officers and Auxiliary officers of the Marshfield Police Department will be exempt of the following under this section:
1. 
The carrying of pepper spray or other crowd control aerosols in otherwise restricted locations when doing so in the course of their official duties.
2. 
The carrying of an electronic control device, ("ECD"), in otherwise restricted locations; if that officer is a certified law enforcement officer of the State of Wisconsin or is a valid Carrying Concealed Weapons license holder, and has been properly trained and authorized by the Marshfield Police Chief to do so.
(2) 
It shall be unlawful for any person, except a police officer in the line of duty, to fire or discharge, within the City of Marshfield, any rifle, shotgun, pistol, air gun or weapon using gas or other propellant, bow and arrow, or any other weapon of any kind or nature, except as provided in this section.
(a) 
Subsection (2) of this section does not apply and may not be enforced if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in §939.45.
(b) 
Subsection (2) of this section shall not apply to target practice, aerial clay, or archery practice or contests, where such activities are regular activities of a club or association of adult persons, organized for that purpose, and where, before engaging in such activities, there shall be issued by the chief of police or his designee, in writing, a certificate stating that he or his designee has examined the premises on which such activities are proposed to be conducted, and the rules and regulations of such club purposes, according to ordinance standards.
(c) 
The chief of police or his designee shall have the authority to determine, in any given case, whether a weapon or device may be used for any other purpose than permitted in this section, and may issue a written permit for such use.
(d) 
Penalty. Any person who shall violate the provisions of this section shall be subject to a penalty as provided by section 1-05 of this Code.
(e) 
Subsection (2) of this section shall not apply to bow hunting within the Marshfield corporate limits. Bow hunting within the City of Marshfield corporate limits shall satisfy all of the following requirements:
1. 
Every person who bow hunts within the City of Marshfield shall:
a. 
Possess a current valid archery deer hunting license or small game license issued by the Wisconsin Department of Natural Resources;
b. 
Secure the permission of the owner of the land where the hunt is to occur;
c. 
Hunt in a location no less than 100 yards from any “Building” without the express consent of any and all owners of said “Buildings” within that distance. “Building” shall mean a permanent structure used for human occupancy and includes a manufactured home, as defined in s. 101.91(2), Wis. Stats.;
d. 
Hunt from an elevated position which directs the arrow toward the ground immediately upon release;
e. 
Hunt only with a bow and arrow or a crossbow and arrow; and
f. 
Hunters must comply with all state and local laws, rules and regulations and the directions set forth in the Deer Management Plan of the Department of Natural Resources.
2. 
Hunting on city owned property is permitted with the following restrictions:
a. 
Any cutting of trees, brush, lanes, or trails is prohibited;
b. 
The conducting of deer drives (on foot or motorized) is prohibited;
c. 
Permanent free standing or tree stands are prohibited.
d. 
Permanent ladders, or nailed on or screw-in steps affixed to any tree are prohibited;
e. 
Portable tree stands and ladders must be removed daily;
f. 
Hunting in any city park or on school grounds is strictly prohibited; and.
g. 
Hunters who harvest deer or large animals are to clean up all entrails.
[Code 1982, § 9.03]
No person shall throw, shoot or otherwise propel any object, arrow, stone, snowball or other missile or projectile, by hand or by any other means, at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the city.
[Code 1982, § 9.04]
The provisions of § 167.10 Wis. Stats. regulating the sale and use of fireworks, exclusive of any penalty imposed thereby, is adopted by reference and made a part of this chapter as though set forth in full. A person convicted of violation of this section, in addition to such forfeiture as is ordered by the court, shall pay all costs incurred in regard to destruction of such fireworks, including any administrative expenses and storage costs in regard thereto as determined by the police department.
[Code 1982, § 9.06; Ord. No. 1014, 4-13-2004; Ord. No. 1086, 11-14-2006; Ord. No. 1220, 2-28-2012; Ord. No. 1220, 2-28-2012; Ord. No. 1363, 10-10-2017]
(1) 
Declaration of policy. The City of Marshfield, finding that excessive levels of sound and vibrations are detrimental to the physical, mental and social well-being of the citizens of the City of Marshfield, as well as to their comfort, living conditions, general welfare and safety, hereby declares it to be necessary to provide for the greater and more effective regulation of excessive sounds through the adoption of this section.
(2) 
Scope. This section shall apply to all sound and vibration originating within the limits of the City of Marshfield.
(3) 
Definitions. All terminology used in this section, not defined in this subsection, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body.
A-WEIGHTED SOUND LEVEL
Means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
AIRBLAST
Means an airborne shock wave resulting from detonation of explosives.
CONTINUOUS SOUND
Means and denotes a sound the intensity of which remains essentially constant during a given period of time. Continuous sound shall be measured by the slow response setting of a sound level meter.
DECIBEL (dB)
Means a unit measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
DEPARTMENT
Means the Marshfield Police Department.
EMERGENCY
Means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
EMERGENCY WORK
Means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
EQUIVALENT A-WEIGHTED SOUND LEVEL (Leq)
Means the constant sound level that, in a given situation, and time period, conveys the same sound energy as the actual time varying A-weighted sound.
NOISE
Means any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE
Means any sound which (i) endangers or injures the safety or health of humans or animals; or (ii) any loud or unusual noise which would tend to annoy or disturb a reasonable person of normal sensitivities; or (iii) endangers or injures personal or real property; or (iv) exceeds the applicable maximum permissible sound levels as they appear in the tables at subsection (6)(b) of this section.
PERSON
Means any individual, association, partnership or corporation.
PUBLIC RIGHT-OF-WAY
Means any street, avenue, boulevard, highway, sidewalk or alley or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Means any real property or structures thereon which are owned or controlled by a governmental entity.
REAL PROPERTY BOUNDARY
Means an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intrabuilding real property divisions.
SOUND
Means an oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
SOUND LEVEL
Means the weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4 - 1971, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
SOUND PRESSURE
Means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by sound energy.
STATIONARY SOURCE
Means any sound source operating or occurring on any public or private property, not including a public right-of-way.
UNREASONABLE ANNOYANCE
Means an excessive, repeated noise, action or other disturbance that is not justified by reason.
VIBRATION
Means an oscillatory motion of solid bodies of deterministic or random nature described by displacement, velocity, or acceleration with respect to given reference point.
(4) 
Administration. The noise control program established by this section shall be administered by the Marshfield Police Department.
(5) 
Noise disturbances prohibited. No person shall make, continue or cause to be made or continued within the city, any noise disturbance as defined in subsection (3) of this section. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive:
(a) 
Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound. The using, operating or permitting to be played, used or operated between the hours of 10:00 p.m. and 7:00 a.m. in such a manner as to create a noise disturbance across a real property boundary.
(b) 
Loudspeakers/public address systems. Using or operating or permitting the operation of any loudspeaker, public address system, or similar device, such that the sound therefrom creates a noise disturbance.
(c) 
Noisy animals. The keeping or harboring of any animal which by frequent or habitual howling, yelping, barking, crowing, or making of other noises, substantially annoys, disturbs or inconveniences a person living nearby or passing by upon the public streets, alleys or sidewalks.
(d) 
Construction and tool use. Operating or permitting the operating of any tools or equipment between the hours of 9:00 p.m. and 7:00 a.m. the following day, such that sound therefrom creates a noise disturbance, except for emergency work of public service utilities.
(e) 
Emergency signaling devices. The sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar signaling device such that the sound therefrom creates a noise disturbance, except for actual emergency purposes. Testing a stationary emergency signaling device shall occur at the same time of day each time such a test is performed, but not before 7:00 a.m or after 7:00 p.m. Any such testing shall use only the minimum cycle test time. In no case shall such test time exceed three minutes.
(f) 
Yelling, shouting. Yelling, shouting, whistling, hooting or generally creating a racket between the hours of 10:00 p.m. and 7:00 a.m. the following day so as to annoy or disturb the quiet comfort or repose of persons in any business or residence or in such a manner as to create a noise disturbance.
(6) 
Measurement and control of noise. Measurement and control of noise shall be in accordance with the following:
(a) 
Noise prohibited. No person shall make, continue or cause to be made or continued any noise in excess of the noise levels set forth in this subsection unless such noise is reasonably necessary to the preservation of life, health, safety or property.
(b) 
Measurement and control. It shall be unlawful for any person to cause a sound from a stationary source which exceeds any sound level as set forth in the applicable column in the following table titled "Maximum Permissible Sound Levels" when measured at the real property line of the offending source. Measurement shall be made by a duly authorized individual who is knowledgeable in the proper use of the measurement equipment. Measurement shall be made in the slow response, A - weighting of the sound meter.
Maximum Permissible Sound Levels
Zones
Time of Day
dB
All
7:00 a.m. to 10:00 p.m.
80
All
10:00 p.m. to 7:00 a.m.
65
(c) 
Exemptions. Exemptions shall be as follows:
1. 
Operations of emergency equipment shall be exempt from this section. Equipment shall include ambulance, police, fire, snow removal, civil defense sirens, etc., necessary for the health, safety and protection of the citizens of the city.
2. 
Snow blowers not operated on a commercial basis shall be exempt from this section when used to gain access to a city street.
3. 
Lawn mowers, chainsaws, powered garden equipment and other nonconstruction maintenance equipment shall be operated only during the hours between 7:00 a.m. and 10:00 p.m. unless within the specified noise levels measured at the property line of the location at which such equipment is in use.
4. 
Concrete joint sawing done in conjunction with a concrete paving or patching project shall be exempt from this section.
(7) 
Variances. Procedures for granting variances shall be as follows:
(a) 
The council may issue variances for special circumstances such as, but not limited to:
1. 
Special public events such as parades, Fourth of July celebrations, fairs, school band playing and similar public, community events which are limited in duration. The variances may limit the hours and duration of the variance and may be conditioned upon the applicant taking technologically reasonable steps to minimize the noise.
2. 
Existing business operations and equipment which produce excessive noise if it is found that it is not technologically or economically feasible to alter such operation to reduce noise to the standard prescribed by this section. Such variance permit may be of indefinite duration.
3. 
The variance may be granted by the Police Chief upon application stating the name of the applicant, address of the event, date and times of operation, and what technologically reasonable steps will be taken to minimize the noise impact. If the requested variance is denied by the Police Chief, the applicant may appeal the decision to the council and the request will be acted upon at that next regular council meeting.
(b) 
In determining whether to grant or deny an application, the council shall balance the hardship to the applicant, the community, and other persons of denying the special waiver against the adverse impact of granting the variance on the health, safety and welfare of persons affected.
(8) 
Vibrations. Vibrations shall be regulated as follows:
(a) 
Except as otherwise specifically provided in this section, the provisions of SPS chapter 307, subchapter VII of the Wisconsin Administrative Code, as amended from time to time, are hereby adopted by reference and made a part of this Code as though fully set forth in this section, exclusive of provisions relating to penalties. Any act required to be performed or prohibited by COMM chapter 7, subchapter VII is required or prohibited by this section.
(b) 
In addition to preblast notice required by SPS chapter 307, the contractor shall notify the department in advance of all blasting.
(9) 
Emergency exception. The provisions of this section shall not apply to the emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work.
(10) 
Conflict. If this section or parts of this section conflict with any prior ordinance, or part of a prior ordinance, this section repeals all prior ordinances or parts thereof.
[Code 1982, § 9.08; Ord. No. 1312, 7-14-2015]
(1) 
Generally. General provisions for animals running at large are as follows:
(a) 
It shall be unlawful to own, keep or harbor a dog or cat or other animal and permit such animal to run at large in the City of Marshfield at any and all times.
(b) 
The animal shall be deemed to be running at large when found on any of the public streets, alleys, parks, or other public grounds of the city, or when off the premises of the owner or person having custody and control of such animal unless held in leash.
(c) 
Any person who allows any such animal owned by him to defecate on property of another or on any public property or on any public terrace, defined as that area between the sidewalk and curbline, shall cause the feces to be removed immediately.
(d) 
"Animal" includes every living warm-blooded creature except a human being.
(2) 
Female animals in season. Any female animal in season shall be kept confined in a building or secure kennel enclosure, veterinary hospital or boarding kennel during the duration of such season.
(3) 
Vicious animals. The owner of any vicious animal shall keep it securely enclosed on the owner's premises away from the proximity of sidewalks, paths, or alleys, and shall keep it muzzled when exercising it. Where there is evidence that any such animal intimidates any person to the extent that such person is unable to use or enjoy any property, the animal control officer or any law enforcement officer may order the animal muzzled, leashed or restrained.
(4) 
Nuisance, inhumane treatment. No person shall keep or harbor or own any dog, cat or any other animal, which by loud or infrequent or habitual barking, meowing, yelping or howling, or by constant threat of attack and/or biting shall cause annoyance to the neighborhood or to people passing upon the street. No person shall refuse to deliver up to a police officer or animal control officer a dog, cat or other animal when properly requested to do so under the provisions of this section. No person shall be cruel to a dog, cat or other animal, such cruelty consisting of beating, torturing, mutilating, killing, or of clear failure to provide food, drink or shelter. No person may abandon any animal.
[Code 1982, § 9.09]
(1) 
Generally. Storage of junked or discarded property shall be restricted as follows:
(a) 
Restricted. No person shall store junked or discarded property, including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or other unsightly debris which substantially depreciates property values in the neighborhood, except in an enclosure which screens such property from public view or upon license issued by the council.
(b) 
Order for compliance. The building services supervisor may require by written order any premises in violation of this subsection to be put in compliance within the time specified in such order and, if the order is not complied with, may have the premises put in compliance and the cost thereof assessed as a special tax against the property.
(2) 
Abandoned vehicles. Procedures for abandoned vehicles shall be as follows:
(a) 
Vehicle abandonment prohibited. No person shall leave unattended any motor vehicle, trailer, semitrailer or mobile home on any public street or highway or public or private property for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. When any such vehicle has been left unattended on any city street or highway or on any public or private property within the city without the permission of the owner for more than 48 hours, the vehicle is deemed abandoned and constitutes a public nuisance.
(b) 
Removal and impoundment of abandoned vehicles. Any vehicle in violation of this subsection shall be impounded until lawfully claimed or disposed of under subsection (2)(c) of this section. If the chief of police or his authorized representative determines that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked by the city prior to expiration of the impoundment period upon determination by the chief of police or his authorized representative that the vehicle is not stolen or otherwise wanted for evidence or any other reason.
(c) 
Disposal of abandoned vehicles. Disposal of abandoned vehicles shall be in accordance with the following:
1. 
Vehicles exceeding $250.00 in value. Vehicles exceeding $250.00 in value shall be disposed of in accordance with the following:
a. 
If the chief of police or his authorized representative determines that the value of an abandoned vehicle exceeds $250.00, he shall notify the owner and lienholders of record by certified mail that the vehicle has been deemed abandoned and impounded by the city and may be reclaimed within 15 days upon payment of accrued towing, storage and notice charges and if not so reclaimed shall be sold. See also subsection (2)(d) of this section.
b. 
If an abandoned vehicle exceeding $250.00 in value is not reclaimed within the period and under the conditions provided in subsection (2)(c)1.a of this section, it may be sold at private sale.
c. 
After deducting the expenses of impoundment and sale, the balance of the proceeds, if any, shall be paid into the city treasury.
2. 
Vehicles of less than $250.00 in value. Any abandoned vehicle which is determined by the chief of police or his authorized representative to have a value of less than $250.00 may be disposed of by direct sale to a licensed salvage dealer upon determination that the vehicle is not reported stolen.
(d) 
Owner responsible for impoundment and sale costs. The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impounding, storing and disposing of the vehicle, provided no such costs shall be imposed without notice thereof to the owner and an opportunity for the owner to be heard thereon. Costs not recovered by the sale of the vehicle may be recovered in a civil action by the city against the owner.
(e) 
Notice of sale or disposition. Within five days after the sale or disposal of a vehicle as provided in subsection (2)(c) of this section, the chief of police or his authorized representative shall advise the state department of transportation, division of motor vehicles, of such sale or disposition on a form supplied by the division. A copy of such form shall be given to the purchaser of the vehicle, and a copy shall be retained on file with the city.
[Code 1982, § 9.12]
No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fastened in such manner as to prevent injury to any person, and any cover shall be of such design, size and weight that the cover cannot be removed by small children.
[Code 1982, § 9.13]
No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside unless such door or lid, snap lock or other locking device has been removed from such icebox, refrigerator or container or unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.
[Code 1982, § 8.18; Ord. No. 1139, 10-14-2008]
(1) 
Hunting. No person shall kill, hunt, push, drive or pursue any game animals or birds within the corporate limits of the City of Marshfield unless specifically permitted pursuant to section 10-30(3) of this Code.
(2) 
Pets. No person, except persons with assistance animals as provided in § 174.056 Wis. Stats., shall allow dogs or other animals to enter any public building, picnic grounds, playgrounds, athletic facilities, or the zoo within the city park; provided, however, this prohibition shall not apply to personal assistance animals or animals escorted by a police officer or ordinance control officers as provided under § 174.056 Wis. Stats. In public areas where pets are permitted, they shall at all times be effectively restrained or under the owner's control as provided in section 10-34 of this Code. Nonresidents who are patrons of the city-owned camping facilities may have pets, provided they are within the camping section, leashed or in enclosures.
[Code 1982, § 9.23; Ord. No. 1195, 12-21-2010; Ord. No. 1490, 2-28-2023]
(1) 
Marijuana possession or use prohibited. No person shall possess or use marijuana, except as otherwise authorized herein or by Chapter 961 Wis. Stats.
(a) 
Any complaint, citation or charge under this section for possession of more than 25 grams of marijuana or for an offense committed subsequent to a prior conviction for possession of marijuana shall not be issued unless the district attorney in the county of the relevant jurisdiction has declined to pursue charges therefore.
(2) 
Synthetic marijuana possession, use and sale prohibited. No person shall use, possess, transport, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give, trade or barter any one or more of the following chemicals whether under the common street or trade names of "Spice", "K2", "Genie", "Yucatan Fire", "fake" or "new" marijuana, or by any other name, label, or description:
(a) 
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;
(b) 
(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10atetrahydrobenzo[c]chromen-1-ol some trade or other names: HU-210;
(c) 
1-Pentyl-3-(1-naphthoyl) indole-some trade or other names: JWH-018\spice;
(d) 
1-Butyl-3-(1naphthoyl) indole-some trade or other names: JWH-073;
(e) 
1-(3{trifluoromethylphenyl}) piperazine-some trade or other names: TFMPP; or
(f) 
Any similar structural analogs.
(3) 
Hemp-derived cannabinoid restricted. Hemp-derived cannabinoid are regulated in the City of Marshfield as follows:
(a) 
Defined: Hemp-derived cannabinoid constitutes one of the many intoxicating cannabinoids found in the cannabis plant or a synthetic version thereof and includes:
1. 
A cannabinoid other than delta-9 tetrahydrocannabinol (THC), or an isomer derived from suchcannabinoid (delta-8 THC, delta-10 THC, hexahydrocannabinol (HHC), HHC-O, THCA, THC-O, THCP, THCV); or
2. 
A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of 0.3 percent or less.
3. 
In this subsection, a hemp-derived cannabinoid does not include non-intoxicating cannabinoids, including cannabidiol (CBD), which is an active ingredient in cannabis, but does not cause intoxication by itself, is not addictive, and does not contain other isomers as listed above.
(b) 
It shall be illegal for a person under the age of twenty-one (21) to possess or use any amount of a hemp-derived cannabinoid including delta-8 THC, delta-10 THC, HHC, HHC-O, THCA, THC-O, THCP, or THCV except as specifically allowed by Wisconsin law.
(c) 
It shall be illegal to sell or deliver any hemp-derived cannabinoid product containing delta-8 THC, delta-10 THC, HHC, HHC-O, THCA, THC-O, THCP, or THCV to a person under the age of twenty-one years, except as specifically allowed by Wisconsin law.
(d) 
It shall be illegal to sell or deliver any hemp-derived cannabinoid product containing delta-8 THC, delta-10 THC, HHC, HHC-O, THCA, THC-O, THCP, or THCV to a person without having first verified their age by having the purchaser present a valid photo identification.
(e) 
Hemp-derived cannabinoid shall not be sold within 750 feet of a hospital, church, or youth-serving organization such as, but not limited to: childcare centers, pre-schools, public or parochial schools, tribal schools, playgrounds, city or county parks, sporting arenas, or organizations with specific interest to serve children (Boys & Girls Club, YMCA, Head Start, etc.) The distance shall be measured by the shortest route along a designated roadway or walking path from the main entrance of the youth-serving business/organization to the premises selling hemp-derived cannabinoid products. The prohibition in this section does not apply to businesses selling hemp-derived cannabinoids prior to March 31, 2023.
(4) 
Drug paraphernalia possession or use prohibited. No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation Chapter 961 of the Wisconsin Statutes.
(5) 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
DRUG PARAPHERNALIA
Means all equipment, products and materials of any kind that are used, designed for use or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or controlled substance analog in violation of Chapter 961 of the Wisconsin Statutes and as further specifically defined in section 961.571, Wis. Stats.
MARIJUANA
Means all parts of the plants of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinols. “Marijuana” does include the mature stalks if mixed with other parts of the plant, but does not include fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination. “Marijuana does not include hemp, as defined in 94.55(1), Wis. Stats.
PRACTITIONER
Means 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.
(6) 
Exception. Acts otherwise prohibited under this section shall not be unlawful if done by or under the direction or prescription of a licensed practitioner as defined herein.
(7) 
Penalty. Any person violating this ordinance shall be subject to a forfeiture of not less than $100.00 nor more than $500.00, exclusive of costs.
[Code 1982, § 9.26; Ord. No. 1372, 1-23-2018]
Any personal property which has been abandoned, or which remains unclaimed for a period of 90 days after taking of possession of the property by city police officers may be disposed of as provided in this section.
(1) 
Auction. Personal property, other than that personal property described in subsection (3) or (4) of this section, may be disposed of by sale at public auction. Terms, conditions and advertisement thereof shall be as determined by the chief of police.
(2) 
Private disposition. If the personal property described above is not sold at auction, it may be disposed of by the Marshfield Police Department in either of the following ways:
(a) 
Return to finder. If the finder of the personal property is known, the personal property may be returned to such finder.
(b) 
Sale. If the finder is not known, the personal property may be appraised and sold to any person under such terms and conditions as may be deemed reasonable and appropriate by the chief of police.
(c) 
Disposed of as junk.
(d) 
Converted to official department use by the recovering entity.
(e) 
In any of the cases described in subsection (2)(a)—(c) of this section, the Marshfield Police Department shall maintain an inventory of such property, a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession thereof. Such inventory shall be kept as a public record for a period of not less than two years from the date of the disposal of such property. If the disposal is by sale, all receipts therefrom, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the city treasury.
(3) 
Dangerous substances, materials or devices. Abandoned or unclaimed flammable, explosive of incendiary substances, materials or devices posing danger to life or property in their storage, transportation or use may be safely disposed of immediately after taking possession thereof without a public auction, as follows:
(a) 
The Marshfield Police Department shall make a reasonable attempt to return such property to the rightful owner if the property has a commercial value in normal business usage and if the property does not pose an immediate threat to life or property, or if such property appears to be or has been reported as stolen.
(b) 
If such an attempt is unsuccessful, or if the property poses an immediate threat to life or property, in the determination of the chief of police, such property may be disposed of in any safe manner.
(4) 
Firearms or ammunition. Firearms or ammunition which have been abandoned, or remained unclaimed, for a period of 90 days after the taking of possession by city officers, may be disposed of only by return to the rightful owner, destruction, or transfer to the state crime laboratory under § 165.75 Wis. Stats.
(a) 
Abandoned handguns when no rightful owner is located will be disposed of in accordance with 68.20 Wis. Stats.
[Ord. No. 1045, 3-8-2005; Ord. No. 1068, 5-23-2006]
(a) 
No railroad company or any of its agents, servants or employees, shall blow or cause to be blown any whistle or horn, or use any bell, within the limits of the city, between the hours of 11:00 p.m. and 6:00 a.m., except in those cases prescribed and designated by Federal and/or State Law, but nothing in this section shall be construed as forbidding or prohibiting the blowing of any whistle or horn, or the use of any bell, as a signal or warning in case of peril, fire, collision or other imminent danger to life and/or property.
(b) 
No train horn, whistle or warning bells shall be sounded at a distance greater than 1,100 feet from any private crossing within the City, except as required by Federal and/or State Law.
[Ord. No. 1082, 11-14-2006]
(1) 
Feeding of deer prohibited. It shall be unlawful to feed deer in the City of Marshfield through the placement of any salt, mineral, grain, fruit or vegetable material outdoors on any public or private property.
(a) 
Definition of deer feeding. The following acts shall constitute unlawful deer feeding:
1. 
The placement of salt, mineral, grain, fruit or vegetable material in an aggregate quantity of more than one-half gallon at a height of less than 7 feet above the ground.
2. 
The placement of salt, mineral, grain, fruit or vegetable material in an aggregate quantity of more than one-half gallon in a drop feeder, automatic feeder or similar device regardless of the height of the grain, fruit or vegetable material above the ground.
3. 
Any other method of placing salt, mineral, grain, fruit or vegetable material out of doors, or allowing salt, mineral, grain, fruit or vegetable materials to remain out of doors for consumption by deer.
4. 
Any feeder placed 50 feet or more from any deeded residence.
(b) 
Exception. This section shall not apply to the following situations:
1. 
Hunting. The placement of bait for the purpose of hunting deer subject to all other laws, ordinances, rules and regulations governing hunting and the discharge of hunting weapons.
2. 
Naturally growing materials. Naturally growing grain, fruit or vegetable material, including gardens.
3. 
Compost. Compost shall be defined as a mixture of various decaying organic substances which shall be predominately comprised of, but not necessarily limited to, dead leaves, grass, tree and shrub chippings and trimmings and other forms of usual and customary lawn/yard/garden waste and may incidentally include minimal quantities of grain, fruit or vegetable material.
4. 
Wildwood Zoo. Feeding deer legally confined within Wildwood Zoo, licensed deer farms and all other similarly licensed facilities.
5. 
Bird feeders. Unmodified commercially purchased bird feeders or their equivalent.
6. 
Authorized by the common council. Deer feeding may be authorized on a temporary basis by the Common Council for a specific purpose as determined by the Common Council.
(2) 
Penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided below. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.
(a) 
First offense. Shall be not less than $30, nor more than $100, plus court costs and the costs of prosecution;
(b) 
Second/subsequent offense. Committed within one year shall be not less than $100, nor more than $500, plus court costs and the costs of prosecution;
(c) 
As additional penalties, the court may impose upon any person who violates this section, all costs of abating the nuisance, including costs incurred by City employees, agents, and contractors.
[Added 9-24-2024 by Ord. No. 1522]
(1) 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
ANIMAL CARE FACILITY
Means an animal control center or animal shelter, maintained by or under contract with any state, county, or municipality whose mission and practice is, in whole, or significant part, the rescue and placement of animals in permanent homes or rescues organizations.
ANIMAL RESCUE ORGANIZATION
Means any not-for-profit organization which has tax-exempt status under Section 501(c)(3) of the United State Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes. This term does not include an entity that is a breeder or broker or one that obtains animals from a breeder or broker for profit or compensation.
BREEDER
Means a person that maintains a dog or cat for the purpose of breeding and selling their offspring.
BROKER
Means a person that transfers a dog or cat from a breeder for resale by another person.
CAT
Means a member of the species of domestic cat, Felis catus.
DOG
Means a member of the species of domestic dog, Canis familiaris.
PET STORE
Means a retail establishment where companion animals are sold, exchanged, bartered or offered for sale to the general public. Such definition shall not include an animal care facility or animal rescue organization.
(2) 
Restrictions on the sale of animals.
(a) 
No pet store shall sell, deliver, offer for sale, barter, auction, give away, or otherwise transfer or dispose of cats or dogs. Nothing in this section shall prohibit pet stores from collaborating with animal care facilities or animal rescue organizations to offer space for such entities to showcase adoptable dogs or cats provided the pet store shall not have any ownership interest in the animals offered for adoption and shall not receive a fee for providing space for adoption of any of these animals. Dogs may not be kept overnight.
(3) 
Penalties.
(a) 
Any person or entity that violates the provisions of this section shall be subject to a civil penalty of $500. Any instance of a dog or cat offered for sale in violation of this section shall constitute a separate violation.