Article II Offenses Against Public Safety

Regulation of firearms.

No person, except a sheriff, police officer or their deputies, shall fire or discharge any firearm, rifle, spring or air gun of any description or tipped arrow, except as provided in § 177-4, within the City or have any firearm, compound or strung bow, rifle or spring or air gun in his possession or under his control unless it is unloaded and enclosed or encased within a carrying case or other suitable container.

(2)

No person shall, in the territory adjacent to the City, discharge any firearm in such manner that the discharge shall enter or fall within the City.

(3)

This Subsection A shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the Chief of Police and Common Council where proper safety precautions are taken.

(4)

This Subsection A shall not prevent the City Airport Coordinator and the Airport Manager from permitting the harvest of animals on the City of Rice Lake Airport property located in Sections 18, 19 and 30, Township 34 North, Range 11 West, Barron County, as permitted by Department of Natural Resources regulations for the purpose of complying with federal regulations requiring the maintenance of safe and clear airport runways.

[Added 10-27-1998 by Ord. No. 870]

(5)

Notwithstanding the prohibition against firearms contained in this Subsection A(1) through (4), bow hunting is allowed in the City of Rice Lake, in accordance with the following procedure:

[Added 11-25-2003 by Ord. No. 03-13; amended 9-7-2004 by Ord. No. 04-14; 10-14-2014 by Ord. No. 14-10]

(a)

Hunters shall be approved by the landowner or designee to hunt on private property. No hunting is allowed on land owned or leased by the City of Rice Lake.

(b)

All Department of Natural Resources regulations will be observed, including hunting hours, hunting seasons, and license requirements.

(c)

Hunting shall take place no closer than 100 yards from any building located on another person's land. This restriction does not apply if the person who owns the land on which the building is located allows the hunter to hunt within the specified distance of the building.

(d)

Hunters will only be allowed to shoot from an elevated stand. There shall be no discharging of an arrow from the ground. Arrows shall not be discharged in the direction of any nearby building.

(e)

Any violation of the provisions of this subsection, including applicable Department of Natural Resources regulations, shall subject the violator to the penalty provisions of the Rice Lake Code of Ordinances, in addition to any penalty imposed by Wisconsin Statutes and Department of Natural Resources regulations.

Possession of firearms in public buildings and business establishments prohibited.

(1)

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

FIREARM

Any rifle, shotgun, handgun, spring gun, air gun or bow and arrow device.

LAW ENFORCEMENT OFFICER

Any person employed by the state or any political subdivision of the 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 or ordinances he or she is employed to enforce.

(2)

No person, except a law enforcement officer within the scope of his or her duties, shall have in his or her possession, carry or bear any firearms within any publicly owned building or business establishment open to the public within the City, including establishments with Class "A" or Class "B" alcoholic beverage licenses.

[Amended 10-14-2014 by Ord. No. 14-10]

(3)

This section shall not be construed to prohibit the sale, purchase, repair or trade of firearms by a retail business establishment doing so in the course of its regular business in accord with state and federal law nor to hinder a prospective customer from attempting to buy, sell or trade firearms to or from a retailer.

§ 177-3 Weapons.

[Amended 1-24-2012 by Ord. No. 11-15]

Firearms restricted in certain buildings.

(1)

Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter:

CONTROLLED-ACCESS FACILITY

A facility or area that has designated entrances for ingress and egress controlled by a door, gate, attendant or other means to limit entry while the facility is open and can be locked or secured when closed, or in the instance of temporary events of less than three weeks, designated entrances may be either secured when closed or the controlled-access facility removed at the termination of the temporary event.

FIREARM

A weapon that acts by force of gunpowder.

LAW ENFORCEMENT

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 and ordinances and who is authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce.

WEAPON

A handgun, an electric weapon as defined by Wis. Stats. § 941.295, a knife other than a switchblade under Wis. Stats. § 941.24, or a billy club.

In addition to the provisions of Wisconsin Statutes enumerating places where the carrying of a weapon or firearm is prohibited, including exceptions thereto, it shall be unlawful for any person other than a law enforcement officer or other City officer or official designated by the Rice Lake Chief of Police to enter the following City of Rice Lake municipal buildings, facilities or locations while carrying a weapon or firearm:

(1)

The Rice Lake Public Library.

It shall be unlawful for any person other than a law enforcement officer to enter into any building, facility or location open to the public that is posted as a no-firearms-or-concealed-weapons location while possessing, carrying, or concealing a firearm or weapon, whether with or without a state permit.

Signs meeting the requirements of Wis. Stats. § 943.13(2)(bm)1 shall be posted in prominent places near public entrances of all buildings, structures or locations that restrict or prohibit firearms or concealed weapons.

Any person violating any of the provisions of this section shall, upon conviction thereof, forfeit not less than $100 nor more than $500, plus court and other costs, for each separate violation, and shall be further subject to trespass under Wis. Stats. § 943.13.

Possession, sale and manufacture of certain weapons prohibited.

(1)

No person shall sell, manufacture, purchase, possess or carry a numchuk (also called a "nunchaku") or a churkin or a sucbai or similar weapon within the City of Rice Lake.

(2)

For the purpose of this section, the following definitions shall apply:

CHURKIN

A round throwing knife consisting of several sharp points protruding from a rounded disc.

NUMCHUK or NUNCHAKU

An instrument consisting of two or more sticks, clubs or rods connected by a rope, cord, wire or chain.

SUCBAI

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.

§ 177-4 Arrows, stones and other missiles.

[Amended 1-25-2000 by Ord. No. 00-3; 10-14-2014 by Ord. No. 14-10]

It shall be unlawful for any person to discharge or throw any dangerous missile, object, arrow, stone, snowball or other missile in or at any dwelling or building or any public park, playground, street, enclosure or other public place within the City except as provided in § 177-2A(5)(a) through (e); provided, however, that upon written application to the Chief of Police a person may be granted permission by the Chief of Police to construct and maintain approved archery ranges if in the opinion of the Chief of Police and the Common Council the construction of such ranges will in no way endanger the public health and safety.

§ 177-5 Harassing or obscene telephone calls.

Whoever does any of the following shall be subject to the penalty as provided in this Municipal Code:

Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious or indecent.

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.

Makes or causes the telephone of another repeatedly or continuously to ring, with the intent to harass any person at the called number or numbers.

Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers.

Knowingly permits any telephone under his control to be used for any purpose prohibited by this section.

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.

§ 177-6 Fireworks.

No person shall sell, expose or offer for sale, use, keep, discharge or explode any fireworks, except toy pistol paper caps, sparklers and toy snakes, within the limits of the City unless he shall be authorized by a fireworks permit as provided in Chapter 124, Fireworks, of this Municipal Code. The term "fireworks," as used in this section, shall be defined as provided in W.S.A. s. 167.10(1) and shall be deemed to include all rockets or similar missiles containing explosive fuel.

§ 177-7 Obstructing streets and sidewalks.

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:

BLOCK

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 walk.

SIDEWALK

Any sidewalk owned or maintained by the City. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.

Obstructing streets. No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, bridge or public ground within the City in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place.

Blocking sidewalk prohibited. No person shall block any sidewalk by obstructing the same so that it is impossible for a pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street.

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.

§ 177-8 Instruments used for inhaling or ingesting controlled substances.

License required.

(1)

It shall be unlawful for any person or persons, as principal, clerk, agent or servant, to sell any item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs, as defined by the Wisconsin statutes, without obtaining a license therefor. Such license shall be in addition to any or all other licenses held by the applicant. The annual fee for such license shall be as set forth in the fee schedule adopted as part of the annual budget document.

(2)

The following guidelines define, in part, the scope of the terminology in Subsection A(1) above of "item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs":

(a)

Paper. White paper or tobacco-oriented paper not necessarily designed for use with illegal cannabis or drugs may be displayed under this section. Other paper of colorful design and/or names oriented for use with illegal cannabis or drugs and displayed is covered by this section and is unlawful to sell.

(b)

Roach clips. Roach clips are designed for use with illegal cannabis or drugs and therefore covered by this section and are unlawful to sell.

(c)

Pipes. Pipes if displayed away from the proximity of nonwhite paper or tobacco-oriented paper and not displayed within proximity of roach clips or literature encouraging illegal use of cannabis or illegal drugs are not covered by this section, otherwise pipes are covered.

(d)

Paraphernalia. Paraphernalia if displayed with roach clips or literature encouraging illegal use of cannabis or illegal drugs is covered by this section and is illegal to sell.

Application. Application to sell any item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs shall be accompanied by affidavits by the applicant and each and every employee authorized to sell such items that such person has never been convicted of a drug-related offense.

Minors. It shall be unlawful to sell or give items as described in Subsection A in any form to any male or female minor under 18 years of age.

Records. Every licensee shall keep a record of every item, effect, paraphernalia, accessory or thing which is designed or marketed for use with illegal cannabis or drugs which is sold. This record shall be open to the inspection of any police officer at any time during the hours of business. Such record shall contain the name and address of the purchaser, the name and quantity of the product, the date and time of the sale and the licensee or agent of the licensee. Such records shall be retained for not less than two years.

§ 177-9 Loitering.

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 section, 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 section 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.

§ 177-10 Noise.

[Amended 3-30-2023 by Ord. No. 23-06]

For purposes of this § 177-10, the following definitions shall apply:

A-WEIGHTED

A specific weighting of the sound pressure level for the purpose of determining the human response to sound. The specific weighting characteristics and tolerances are those given in American National Standards Institute S1.4-2014, or the most recent revision thereof.

AMBIENT NOISE

The all-encompassing noise associated with a given source, usually being a composite of sounds with many sources near and far, but excluding the noise source being measured.

COMPLAINANT

Any person who submits a noise complaint to the City of Rice Lake Police Department.

DAYTIME

Those hours from 7:00 a.m. to 9:59 p.m.

dBA

A unit of sound pressure level expressed in decibels (dB) and A-weighted.

DECIBEL

A unit of sound pressure level, abbreviated as "dB."

EQUIVALENT SOUND LEVEL

The actual energy-equivalent average sound pressure level measured over a specified length of time, abbreviated as L_eq, or L_Aeq when the decibels have been A-weighted.

IMPULSIVE NOISE

Either a single sound pressure peak (with either a rise time less than 200 milliseconds or total duration less than 200 milliseconds) or multiple sound pressure peaks (with either rise times less than 200 milliseconds or total duration less than 200 milliseconds) spaced at least by 200-millisecond pauses.

NIGHTTIME

Those hours from 10:00 p.m. to 6:59 a.m.

NOISE MONITOR

A City official, employee, or designee tasked with measuring noise levels in accordance with this § 177-10 and who has been appropriately trained to make such measurements.

NOISE RATING

The overall A-weighted equivalent sound level, L_Aeq, measured over a period of time no less than 10 minutes and no greater than one hour.

PERSON

Any natural person; any entity, including, but not limited to, corporations, partnerships, joint ventures, limited-liability companies, trusts, estates, or associations, whether organized for profit or otherwise; and/or federal, state, or local governments or other governmental entities and any subdivisions or instrumentalities thereof.

SOUND LEVEL METER

An instrument, including a microphone, an amplifier, an output meter and frequency weighting network, for the measurement of sound pressure Levels, which satisfies the requirements pertinent for Class/Type 0, 1, or 2 meters in American National Standards Institute specifications for sound level meters, S1.4-2014, or the most recent revision thereof.

SOUND PRESSURE LEVEL

In decibels, means 20 times the logarithm to the base 10 of the ratio of the pressure to the reference pressure. The reference pressure shall be 20 uPa.

TONE

Any sound which can be judged as audible as a single pitch or a set of single pitches. A tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two contiguous one-third octave bands by five dB for center frequencies of 500 hertz and above, by eight dB for center frequencies between 160 and 400 hertz, and by 15 dB for center frequencies less than or equal to 125 hertz.

USE

Any use permitted by the land use zoning district.

ZONE

Land use zoning district.

Loud and unnecessary noise prohibited. It shall be unlawful for any person to make, continue or cause to be made or continued any loud and unnecessary noise. This prohibition applies in all zoning districts in the City.

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)

Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the City for longer than three seconds in any period of one minute or less, except as a danger warning; the creation of any unreasonable loud or harsh sound by means of any signaling device and the sounding of any plainly audible device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.

(2)

Radios, phonographs and similar devices. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a loud and unnecessary manner. The operation of any set, instrument, phonograph, machine or device during nighttime in such a manner as to be plainly audible at the property line of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

(3)

Loudspeakers and amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.

(4)

Animals and birds. The keeping of any animal or bird which causes frequent or long, continued, unnecessary noise.

(5)

Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper City authorities.

(6)

Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(7)

Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or any other similar equipment, attended by loud or unusual noise in excess of the maximum noise ratings set forth in Subsection E below; provided, however, that the Police Chief of the Rice Lake Police Department or his/her designee 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 during nighttime.

(8)

Schools, courts, churches and hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use or adjacent to any hospital which unreasonably interferes with the normal operation of that institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in those streets indicating a school, hospital or court is located on such street.

(9)

Residential air conditioners. The installation, operation, or use of any residential air conditioner which creates a noise level in a sleeping room in any dwelling unit located on any adjacent premises in excess of five dB above the ambient noise level at the location being measured. The noise monitor shall measure the A-weighted equivalent sound level in a sleeping room on the complainant's premises with the sound level meter placed three feet from an open window in such sleeping room nearest to the source of the noise and not less than three feet above the ground and at least three feet away from walls, barriers, obstructions and all other sound-reflective surfaces.

The provisions of this section shall not apply to:

(1)

Any vehicle of the City while engaged in necessary public business.

(2)

Excavations or repairs of streets or other public construction by or on behalf of the City, Barron County, or State of Wisconsin during nighttime when public welfare and convenience renders it impossible to perform such working during daytime.

(3)

The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in nature.

Stationary noise limits.

(1)

Maximum permissible sound levels.

(a)

In general. Noise from a stationary source shall not exceed the following maximum noise ratings, measured using the A-weighted equivalent sound level over a period of time no less than 10 minutes and no greater than one hour and measured at the property lot line of a complainant's premises nearest to the premises from which the noise emanates.

General Maximum Noise Ratings
Zone	Maximum Daytime Noise Rating (dBA)	Maximum Nighttime Noise Rating (dBA)
Residential	60	50
Commercial	70	70
All other zones	75	75

[1]

Grandfathering provision. For permitted zoning uses in existence in the Light Industrial (IL) or Industrial (I) Zoning Districts as of January 1, 2023, the applicable noise ratings set forth in the table above shall be measured at the property line of the premises from which the noise emanates which is closest to the property owned by the complainant. This provision shall only apply to the permitted zoning use in existence at the time and only at the location of the use as of January 1, 2023. Any change in the permitted zoning use or location of the use shall make such use subject to all provisions of this section, and noise ratings shall then be measured at the property lot line of a complainant's premises nearest to the premises from which the noise emanates.

[2]

Once a grandfathered use has been discontinued for a period of 365 days, the grandfathering provision shall end, and the IL and I uses shall be required to meet the required noise ratings set forth in the table above, measured at the property lot line of a complainant's premises nearest to the premises from which the noise emanates.

(b)

Ambient noise. Ambient noise is a factor, and the subject noise must exceed the ambient noise by five dB in any octave band in order to be designated excessive.

(c)

Tones and impulsive noise. Tone and impulsive noise are factors. As shown in the table below, the maximum noise rating permitted shall be reduced by five noise ratings if the subject noise consists primarily of a tone or if it is impulsive in character.

Maximum Noise Ratings When Tone or Impulsive Noise Exists
Zone	Maximum Daytime Noise Rating (dBA)	Maximum Nighttime Noise Rating (dBA)
Residential	55	45
Commercial	65	65
All other zones	70	70

[1]

[2]

(2)

Construction noise. Construction equipment in any zone may be operated in excess of the maximum permissible noise ratings set forth in Subsection E(1) above during Daytime, provided that the noise from such equipment does not exceed a maximum noise rating of 80 dBA.

(3)

Noise in residential districts. In residential zoning districts, the person in violation of this section shall be ordered to reduce the sound pressure to acceptable levels immediately by an officer of the Rice Lake Police Department.

(4)

Operation of certain equipment. Lawn mowers, chainsaws, powered garden equipment, electric insect killing/repelling devices, and other nonconstruction maintenance equipment shall be operated only during the hours of 7:00 a.m. to 9:00 p.m., unless such equipment is operated within the noise levels specified in the table in Subsection E(1)(a) above.

(5)

Exemptions. Operation of emergency equipment shall be exempt from this chapter. Emergency 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. Snowblowers not operated on a commercial basis shall also be exempt from this chapter when used to gain access to a City street.

(6)

Methods of measuring noise.

(a)

Complaints. Noise complaints shall be filed with the Rice Lake Police Department. Upon receiving a complaint, if necessary, the Rice Lake Police Department shall notify a noise monitor of the complaint. When appropriate, the noise monitor will conduct a noise measurement at the complainant's premises as set forth in this § 117-10.

(b)

Equipment. Noise measurements shall be made with a sound level meter. A sound level meter shall reside with the Rice Lake Police Department and must, at a minimum, be externally field calibrated before and after monitoring using a calibration device of known frequency and sound pressure level. Noise monitors may use other sound level meters as well if such equipment meets the standards set forth in Subsection A.

(c)

Noise monitor. Noise monitors shall be properly trained in the use of a sound level meter.

Location of sound level meter. Except as set forth in Subsection C(9) above, noise measurements shall be made at the lot line of the premises from which a noise complaint is received nearest to the premises from which the noise emanates. The sound level meter shall be placed at a height of at least three feet above the ground and at least three feet away from walls, barriers, obstructions and all other sound-reflective surfaces.

Appeals. Upon receipt of an appeal meeting the requirements of City Code § 7-24 and pursuant to the process set forth in City Code § 7-25, the Public Works Appeals Board may grant an exemption under this § 177-10 to individuals proving evidence of substantial hardship. Evidence that reasonable technological attempts have been made to correct the problem shall be considered grounds for granting an exemption to this chapter for existing industries.

Citations. Citations may be issued for violations of this § 177-10 pursuant to City Code § 1-23.

§ 177-11 Disorderly conduct.

Disorderly conduct prohibited. No person, within the City of Rice Lake, shall:

(1)

In any public or private place engage in 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 annoy or disturb any other person.

(2)

Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.

Disorderly conduct with motor vehicle. No person shall make unnecessary and annoying noises with a motor vehicle, including motorcycles and all-terrain vehicles, by squealing tires, excessive acceleration of the engine or by emitting unnecessary and loud muffler noise.

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 City or upon any private property in open view of the public or in the halls, stairways or elevators of public or commercial buildings.

§ 177-12 Marijuana.

Definitions. For the purpose of this section, the following definitions shall apply:

MARIJUANA

All parts of the plant Cannabis Sativa L., 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. It does not include the mature stalks of the plant, 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.

PRACTITIONER

(1)

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 this City.

(2)

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 this City.

It is unlawful for any person to possess and/or use marijuana, unless the marijuana was obtained directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice or except as otherwise authorized by W.S.A. ch. 961.

[Amended 1-25-2000 by Ord. No. 00-3]

§ 177-13 Unauthorized presence on school property.

It shall be unlawful for any person, except as provided in Subsection B hereof, to be present in, loiter or enter into any public school building, school parking lot or on any public school grounds without the permission of the school principal, custodian or other person in charge thereof between 7:30 a.m. and 4:30 p.m. on official school days.

This section shall not apply to:

(1)

Students regularly enrolled in public schools who have not been properly ordered by the school principal, custodian or other person in charge thereof to leave the school building or school grounds.

(2)

Persons coming into the school building or school grounds for the purpose of attending scheduled school or civic functions or making use of the recreational facilities located upon or within school premises, but as to such attendance or use, this exception shall apply only to the portion of the premises on which such facilities are located and during the hours such facilities are specifically open to the general public or an invited portion thereof.

(3)

Parents or legal guardians of a regularly enrolled student. However, such parent or legal guardian may be required to register at the school office.

The exceptions set forth in Subsection B shall not apply to any person who, while in school buildings or on school grounds, commits or attempts to commit any act prohibited by statute or ordinance.

All entrances to the school buildings shall be posted with a notice stating "Entry Into School Building by Unauthorized Persons Prohibited." All school grounds shall be posted with a notice stating "Entry Upon School Grounds by Unauthorized Persons Prohibited."

§ 177-14 Sex offender restrictions. [1]

[Added 10-24-2017 by Ord. No. 17-14]

Residency restrictions for sex offenders.

(1)

Findings and intent. The Common Council finds that repeat sex offenders, sex offenders who use physical violence, and sex offenders who prey on children are sex predators who present an extreme threat to the public safety. Sex offenders are extremely likely to use physical violence and to repeat their offenses; and most sex offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sex offender victimization to society, while incalculable, clearly exorbitant. It is the intent of this section not to impose a criminal penalty but to serve the City's compelling interest to promote, protect, and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sex offenders and sex predators are prohibited from establishing temporary or permanent residence.

(2)

Definitions. For the purposes of this section:

CHILD

A person under the age of 16 years.

DESIGNATED OFFENDER

Any individual who has been convicted of any of the following crimes against children or adults as set forth in the referenced section or any subsection thereof of the Wisconsin Statutes or been convicted of violations of statutes of similar nature in another state or jurisdiction:

[Amended 9-10-2019 by Ord. No. 19-03]

(a)

§ 948.02 - Sexual assault of a child;

(b)

§ 948.025 - Engaging in repeated acts of sexual assault of the same child;

(c)

§ 948.05 - Sexual exploitation of a child;

(d)

§ 948.051 - Trafficking of a child;

(e)

§ 948.055 - Causing a child to view or listen to sexual activity;

(f)

§ 948.06 - Incest with a child;

(g)

§ 948.07 - Child enticement;

(h)

§ 948.075 - Use of a computer to facilitate child sex crime;

(i)

§ 948.08 - Soliciting a child for prostitution;

(j)

§ 948.081 -Patronizing a child;

(k)

§ 948.085 - Sexual assault of a child placed in substitute care;

(l)

§ 948.095 - Sexual assault of a student by a school staff person or a person who works or volunteers with children;

(m)

§ 948.10 - Exposing genitals, pubic area or intimate parts;

(n)

§ 948.11 - Exposing a child to harmful material or harmful descriptions or narrations;

(o)

§ 948.12 - Possession of child pornography;

(p)

§ 948.13 - Child sex offender working with children;

(q)

§ 948.30 - Abduction of another's child; constructive custody;

(r)

§ 940.22(2) - Sexual exploitation by a therapist, sexual contact prohibited;

(s)

§ 940.225(1) - First degree sexual assault;

(t)

§ 940.225(2) - Second degree sexual assault; and

(u)

§ 940.225(3) - Third degree sexual assault.

RESIDENCE (RESIDE)

The place where a person sleeps, which may include more than one location, and may be mobile or transitory.

(3)

Residency restriction.

(a)

Restriction. A designated offender shall not establish a residence or reside within 200 feet of any school, licensed day-care center, park, recreational trail, or any other place where children are known to congregate.

(b)

Measurement of distance.

[1]

The distance shall be measured by following a straight line from a point on the outer property line nearest to the point on the other property line of a school, licensed day-care center, park, recreational trail, playground or any other place designated by the City as a place where children are known to congregate.

[2]

The City Clerk shall maintain an official map showing prohibited locations. The City Clerk shall update the map at least annually to reflect any changes in the prohibited locations. These prohibited locations shall be designated on the map as "child safety zones."

(4)

Residency restriction exceptions. A designated offender residing within a prohibited area as specified in Subsection A(3) does not commit a violation of this section if any of the following applies:

(a)

The person established a residence and reported and registered the residence as provided in § 301.45, Wis. Stats., before the effective day of this section.

(b)

The person was under 17 years of age and is not required to register under § 301.45 or 301.46, Wis. Stats.

(c)

The school, licensed day-care center, park, recreational trail, or any other place where children are known to congregate within 200 feet of the person's residence was opened after the person established the residence and reported and registered the residence as provided in § 301.45, Wis. Stats.

(d)

The residence is also the primary residence of the person's spouse, parents, grandparents, siblings or children, provided that the spouse, parents, grandparents, siblings or children established the residence at least five years before the designated offender established residence at the location.

[Amended 9-10-2019 by Ord. No. 19-03]

(5)

Original domicile restriction. In addition to the restrictions of Subsection A(3), but subject to Subsection A(4), a designated offender shall not be permitted to establish a residence in the City unless that person was domiciled in the City at the time of the most recent offense which causes the person to be a designated offender.

[Amended 9-10-2019 by Ord. No. 19-03]

(6)

Penalty. A designated offender who violates Subsection A(3) shall be subject to a forfeiture of not less than $1,000 nor more than $2,500 for each violation and in default of payment may be imprisoned as provided by law. Each day a violation continues shall constitute a separate offense. The City may also seek equitable relief.

(7)

Property owners prohibited from renting real property to designated offenders. It is unlawful for a property owner to let or rent any place, structure, or part thereof, trailer, or other conveyance if the property owner knows or should have known that it will be used as a permanent or temporary residence by a designated offender prohibited from establishing such residence by this section, if the property is not subject to an exception set forth by Subsection A(4) of this section.

[Added 9-10-2019 by Ord. No. 19-03]

Loitering of sex offenders.

(1)

Loitering. It shall be unlawful for any person defined as a designated offender under § 177-14A(2) to loiter or prowl, in the locations specified in § 177-14A(3), 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 actor takes flight upon appearance of a police officer, refuses to identify himself or herself or manifestly endeavors to conceal himself or herself or any object. Unless flight by the actor or other circumstances makes it impracticable, a police officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted by requesting him or her to identify himself or herself and explain his or her presence and conduct at the locations specified in § 177-14A(3). No person shall be convicted of an offense under this section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the police officer at the time, would have dispelled the alarm.

(2)

Exceptions. This section shall not apply where the person was accompanied by his or her parent, guardian or other adult person having his or her care, custody or control, or where that person was exercising First Amendment rights protected by the U.S. Constitution or Wisconsin Constitution, including freedom of speech, the free exercise of religion, or the right of assembly.

(3)

Penalty. Any person violating this section, upon conviction, shall forfeit not less than $500 nor more than $5,000, and in default of payment may be imprisoned as provided by law.

Appeals.

(1)

Appeals process. Appeals for exceptions outside those enumerated above are to be referred to the Chief of Police to be processed as follows:

(a)

The Chief of Police is authorized to grant temporary exceptions to the sex offender restricted zone restrictions established in Subsection A(3) to allow a person to be within a sex offender restricted zone temporarily for events such as a family reunion in a park, special event at or within a restricted zone involving a person's child or spouse, or other similar type situations.

(b)

For all other applications for exceptions, the Chief of Police shall call a special meeting of a committee to review the application. The committee shall be made up of:

[Amended 1-23-2018 by Ord. No. 18-02]

Chief of Police.

Council President.

Mayor.

Wisconsin Department of Corrections representative, as a nonvoting advisory member.

(c)

Standards for granting exceptions. To grant an exception, the committee must find that:

[1]

There are circumstances unique to the person that would not be common among other persons subject to this section, and that application of the section to the person would cause an extreme hardship to that person because of these unique circumstances.

[2]

Granting the exception will not be detrimental to the public health, safety or welfare of the community or to the neighborhood for which the exception is sought.

[3]

Granting the exception will not violate the spirit and the general and specific purposes of this section.

[4]

To be approved, an exception must receive a majority vote of the committee members.

(d)

All exceptions granted are to be documented. The document is to be maintained by the Police Department and will be released upon a Wisconsin open records request in proper form.

[1]

Editor's Note: Former § 177-14, Curfew, was deleted from this chapter 9-7-2004 by Ord. No. 04-7 and included as § 179-3.

§ 177-15 Failure to obey lawful order.

It shall be unlawful for any person to fail to obey the direction or order of a police officer while such police officer is acting in an official capacity in carrying out his or her duties.

§ 177-16 Open burning.

[Amended 1-25-2000 by Ord. No. 00-3; 11-25-2008 by Ord. No. 08-18]

Open burning in the City of Rice Lake is prohibited except for recreational campfires, unless a burning permit is obtained as specified in Subsection B below. Recreational campfire regulations are set forth in Subsection C.

Burning permit application.

(1)

The application for such permit shall describe the premises on which the grass, brush, weeds, leaves or other vegetation is to be burned. The Fire Department shall examine said premises and, after a determination that the weather elements and the nature of the premises present no unreasonable danger, the Fire Department may issue a permit valid up to 9:00 p.m. on the specified day.

(2)

By making such application, the applicant agrees to be responsible for all damages caused by said fire. The applicant further releases the City of Rice Lake and all its departments and employees, including the Rice Lake Fire Department, from any and all liability in the permitting process or issuance. The applicant shall properly and continuously attend, manage and control such fire and shall have adequate means of prompt extinguishment readily at hand.

(3)

The Fire Department shall file with the City Clerk-Treasurer a duplicate of any permit, together with the application therefor.

(4)

The application fee for the burning permit shall be as set forth in the annual budget document of the City of Rice Lake.

Recreational campfires.

(1)

There must be a noncombustible outdoor fire ring set above the ground no higher than 18 inches and no larger than 36 inches in diameter or at or below ground level no larger than 36 inches in diameter.

(2)

The campfire/fire pit area must be kept clear of combustible vegetation and debris.

(3)

The campfire/fire pit area must be a minimum of 15 feet from any structure and a minimum of 50 feet from any flammable or combustible liquid storage container.

(4)

The fire must be properly and thoroughly extinguished before leaving unattended.

(5)

If the campfire/fire pit causes a smoke nuisance, health or safety hazard, in the judgment of the Fire or Police Department, the fire may be ordered extinguished immediately.

(6)

Burning of any material other than clean, dry wood is prohibited. Burning of treated wood is prohibited. Burning during periods when the Fire Department has issued a burning ban is prohibited.

(7)

Portable campfire kettles may suffice for the pit herein, but the use thereof must otherwise comply with the regulations herein.

Penalties. Violations of this section are punishable under § 1-20, General penalty.