[HISTORY: Adopted by the Town Board of the Town of Ottawa as Ch. 9 of the 1987 Code. Amendments noted where applicable.]
[Amended 1990]
The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Town, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under § 1-4 of this General Code:
A. 
Section 97.627, Causing fires by tobacco smoking.
B. 
Section 134.71(1), Violations by secondhand dealers.
C. 
Section 175.25, Storage of junked automobiles.
D. 
Section 285.30(6), Tampering with pollution control system or mechanism.
E. 
Section 939.22, Words and phrases defined.
F. 
Section 940.19(1), Battery.
G. 
Section 941.10, Negligent handling of burning material.
H. 
Section 941.12(2) and (3), Interfering with fire fighting.
I. 
Section 941.13, False alarms.
J. 
Section 941.20(1), Endangering safety by use of dangerous weapon.
K. 
Section 941.23, Carrying Concealed Weapon.
L. 
Section 943.01(1), Damage to property (less than $1,000).
M. 
Section 943.07(1), (2) and (3), Criminal damage to railroads.
N. 
Section 943.13, Trespass to land.
O. 
Section 943.14, Criminal trespass to dwellings.
P. 
Section 943.20, Theft ($500 or less).
Q. 
Section 943.50, Retail theft (shoplifting).
R. 
Sections 951.01 to 951.18, Crimes against animals.
S. 
Section 961.41(1), Unlawful manufacture/delivery of controlled substance.
T. 
Section 961.41(3g)(e), Possession of marijuana.
[Amended 7-13-2015 by Ord. No. 5-15; 7-9-2018 by Ord. No. 7-18C; 4-26-2024 by Ord. No. 4-24; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
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:
FIREARM
A rifle of any caliber, air rifle, shotgun of any gauge, pistol, or revolver of any caliber.
HANDGUN
A firearm (such as a revolver or pistol) that is designed to be held and fired with one hand.
RIFLE
Any firearm other than a handgun having a grooved (i.e., rifled) barrel that, upon discharge, projects a round or elongated projectile. Muzzle-loaders and shotguns of ten-gauge, twelve-gauge, sixteen-gauge, twenty-gauge, twenty-eight-gauge or 410-gauge being operated with a rifled barrel for the discharge of shotgun slugs shall not be considered a rifle under this section.
SPORT SHOOTING RANGE
An area designed and operated for the practice of weapons used in hunting, skeet shooting and similar sport shooting.
TRANSMISSION FACILITY
Means any pipe, pipeline, duct, wire, cable, line, conduit, pole, tower, equipment, or other structure used to transmit or distribute utilities to or for the public or to transmit or distribute communications or data to or from the public.
B. 
Discharge near building.
(1) 
No person shall discharge any firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. For purposes of discharging a firearm, the term "building" has the meaning given in § 941.20(1)(d), Wis. Stats. In addition, no person shall hunt with a bow and arrow, crossbow, or firearm within 100 yards of a building located on another person's land. Further, a person who hunts with a bow and arrow or crossbow must discharge the arrow or bolt from the respective weapon toward the ground. For purposes of hunting, the term "building" has the meaning given § 29.038(3)(b), Wis. Stats.
(2) 
The provisions of Subsection B(1) above shall not prohibit the discharge of a firearm, bow and arrow or crossbow with the permission of the person who owns the land on which the building is located where such discharge is not otherwise prohibited under this section or any applicable state law.
C. 
Discharge near residence, building, highway, or public park. No person shall discharge or cause the discharge of any firearm within 660 feet of any public park, square, or enclosure owned or controlled by the Town.
D. 
Discharge at transmission facility. Except as provided in § 167.31(4)(b) and (h), Wis. Stats., no person may intentionally discharge a firearm in the direction of a transmission facility.
E. 
Hunting and discharge of weapons prohibited on property owned by the Town.
(1) 
Hunting of any form or nature is hereby prohibited on any property owned by the Town of Ottawa.
(2) 
No person may fire or discharge any firearm, gun, weapon, or bow and arrow on any property owned by the Town of Ottawa.
F. 
Exceptions. Unless otherwise indicated, the prohibitions of this section shall not apply to:
(1) 
Any peace officer in the performance of their duties.
(2) 
Any member of the U.S. armed forces or the national guard in the performance of their duties.
(3) 
Any private security person as defined in § 440.26(1m), Wis. Stats., who meets all of the requirements under § 167.31(4)(a)(4), Wis. Stats.
(4) 
Activities upon any bona fide sport shooting range.
(5) 
Any property owner or adult occupant of any real estate within the Town may use and discharge any rifle, air rifle, pistol or revolver upon the premises owned or occupied as aforesaid, and may use and discharge a shotgun on such lands even though prohibited in Subsections B through E of this section, provided such use is for the sole purpose of protection of life, subject to § 939.48, Wis. Stats., and property, subject to § 939.49, Wis. Stats.
(6) 
Notwithstanding the provisions of Subsections B and C, an adult owner or adult occupant of any land within the Town may, while on their own property and subject to all applicable state restrictions and regulations, discharge an air rifle or shotgun:
(a) 
For the sole purpose of controlling rodents that are not protected species; or
(b) 
For the purpose of controlling skunks, opossum and/or raccoons that:
[1] 
Are causing damage; or
[2] 
Are about to cause damage; or
[3] 
May constitute a health hazard or other nuisance.
(7) 
No shotgun may be discharged by any person under this section while loaded with a slug or with any shot with a larger diameter than No. 6. The adult owner or adult occupant shall be responsible to ensure that the discharge from any air rifle or shotgun cannot end up on any adjacent property.
G. 
No hunting without permission. Except as otherwise prohibited under Subsections B through E of this section, hunting may be permitted by the owner or adult occupant of land within the Town, provided that the discharge shall not be above or into another's land or across a traveled roadway.
H. 
Parental responsibility. If a minor shall violate this section, the parent or guardian shall be responsible for such violation in the same manner as if such parent or guardian had violated this section, and ignorance of such violation shall not be a defense; prosecution of such parent or guardian shall not be a bar to prosecution of such minor.
I. 
Penalty. Any person who shall violate, neglect or refuse to comply with any of the provisions of this section shall, upon conviction thereof, forfeit or pay a fine of not less than $200 nor more than $500, together with costs of prosecution, and in default of payment thereof shall be imprisoned in the county jail for a period not to exceed 30 days or until such forfeiture and subsequent costs have been paid.
No person shall throw or shoot any object, arrow, stone, snowball or other missile or projectile, by hand or by any other means, at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the Town.
No person shall stand, sit, loaf, loiter, or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Town in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon, or to prevent or hinder free ingress to or egress from any place of business or amusement or any church, public hall or meeting place.
[Amended 9-10-2024 by Ord. No. 9-24B]
A. 
No person shall make or assist in making any noise tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof unless the making and continuing of the same cannot be prevented and is necessary for the protection or preservation of property or of the health, safety, life or limb of some person.
B. 
No person, firm or corporation occupying or having charge of any building or premises, or any part thereof, shall cause, suffer or allow any loud, excessive or unusual noise in the operation or use of any radio, phonograph or other mechanical or electrical device, instrument or machine, which loud, excessive or unusual noise tends to unreasonably disturb the comfort, quiet or repose of persons therein or in the vicinity.
C. 
It shall be unlawful for any person to operate a motor vehicle such as to cause excessive noise levels as a result of a defective or modified exhaust system, or as a result of unnecessary rapid acceleration, deceleration, revving or tire squeal, or as a result of the operation of audio devices such as but not limited to radios, phonographs and tape players.
A. 
Loitering or prowling prohibited, generally. No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a police or peace officer shall, prior to any arrest for an offense under this subsection, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
B. 
Obstruction of traffic by loitering. No person shall loaf or loiter in a group or crowd upon the public streets, alleys, sidewalks, street crossings or bridges, or in any other public place within the Town in such manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, alleys, sidewalks, street crossings or bridges, or other public places by persons passing along and over the same.
C. 
Loitering after being requested to move.
(1) 
In groups or crowds. No person shall loaf or loiter in a group or a crowd upon the public streets or sidewalks or in adjacent doorways or entrances, on street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant, after being requested to move by any law enforcement officer or by any person in authority at such places.
(2) 
In places of public assembly or use. No person shall loiter, lounge or loaf in or about any depot, theater, dance hall, restaurant, store, public sidewalk, public parking lot or other place of assembly or public use after being requested to move by any law enforcement officer. Upon being requested to move, a person shall immediately comply with such request by leaving the premises or the area thereof.
(3) 
Obstructing highways. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any law enforcement officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 permit issued by the Town Board.
[1]
Editor's Note: See also Ch. 204, Nuisances, § 204-6.
No person shall throw any glass, refuse, waste, filth or other litter upon the streets, alleys, highways, public parks or other property of the Town, or upon any private property or the surface of any body of water within the Town.
No person shall resist or interfere with any law officer while such officer is doing any act in his official capacity, and with lawful authority, nor shall any person refuse to assist an officer in carrying out his duties when so requested by the officer.
No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fastened in such manner as to prevent injury to any person, and any cover shall be of such design, size and weight that the same cannot be removed by small children.
No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container which has an airtight door or lid, snap lock or other locking 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 ice box, 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.
No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand or play in any school building, or in or about any playground area adjacent thereto, within the Town between 8:00 a.m. and 4:00 p.m. on official school days.
A. 
No person shall consume any intoxicating liquor or fermented malt beverage upon the public highways, streets, alleys, sidewalks, street crossings, bridges, public parking lots or premises held out to the public for use of their motor vehicles, whether such premises are publicly or privately owned, in the Town except for municipally approved community functions or events where authorized by specific resolution of the Town Board of Supervisors.
B. 
All purchases of intoxicating liquor or fermented malt beverage by the glass or in open containers shall be consumed on the licensed premises where served, and shall not be removed therefrom to any public highway, street, alley, sidewalk, street crossing, bridge, public parking lot or premises held out to the public for use of their motor vehicles, whether such premises are publicly or privately owned, within the Town.
C. 
No person shall bring upon, use, consume, sell or convey any intoxicating liquor or fermented malt beverage in or upon any property, building or other structure which is owned or under the control of the Town except in such places as may be designated by the Town and in accordance with the rules and regulations as may be from time to time adopted by the Town Board.
[Added 2-12-1990; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Definitions. For the purposes of this section "drug paraphernalia" shall be defined as provided in § 961.571, Wis. Stats.
B. 
Determination of drug paraphernalia. The determination of whether an object is drug paraphernalia shall be made in accordance with § 961.572, Wis. Stats.
C. 
Prohibited activities.
(1) 
Possession of drug paraphernalia. No person may use or possess with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section.
(2) 
Manufacture or delivery of drug paraphernalia. No person may deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia, knowing that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of this section.
(3) 
Delivery of drug paraphernalia to a minor. Any person 17 years of age or over who violates Subsection C(2) by delivering drug paraphernalia to a person 17 years of age or under who is at least three years younger than the violator is guilty of a special offense.
(4) 
Advertisement of drug paraphernalia. No person may place in any newspaper, magazine, handbill or other publication or upon any outdoor billboard or sign any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
(5) 
Exemption. This subsection does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 961, Wis. Stats. This section does not prohibit the possession, manufacture or use of hypodermics in accordance with Ch. 961, Wis. Stats.
D. 
Penalties.
(1) 
Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Town.
(2) 
Any person who violates Subsection C(1), (2), or (4) shall, upon conviction, be subject to a forfeiture of not more than $500, together with the costs of prosecution, and upon default of payment, be imprisoned in the county jail or house of correction until the costs are paid, but not to exceed 20 days.
(3) 
Any person who violates Subsection C(3) shall, upon conviction, be subject to a forfeiture of not more than $1,000, together with the costs of prosecution, and upon default of payment, be imprisoned in the county jail or house of correction until the costs are paid, but not to exceed 40 days.