[HISTORY: Adopted by the Village Board of
the Village of Shorewood as §§ 13-801 to 13-826, 13-828,
13-1209 to 13-1212, 13-1214 and 13-1703 of the 1986 Code. Amendments
noted where applicable.]
It shall be unlawful for any person to perform,
do, or become involved in any of the following acts within said Village
of Shorewood:
A.
In a public or private place engage in violent, abusive,
indecent, profane, boisterous, unreasonably loud, or otherwise disorderly
conduct under circumstances in which such conduct tends to cause or
provoke a disturbance.
B.
Unnecessarily or willfully discharge any firearm or explosive or in any other manner create any noise or disturbance or attempt suicide or make any threats of violence or resort to violence or flourish, use or carry any dangerous weapons (as defined in § 520-1 of the Village Code) tending to disturb the peace and good order or unreasonably frighten any person; except that no person may be in violation of this subsection solely for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried unless other facts and circumstances indicate a criminal or malicious intent on the part of the person such that those other facts show that the conduct of that person tends to disturb the peace and good order or unreasonably frighten any person. Pursuant to § 66.0409(3)(b), Wis. Stats., or any future amendments thereof, the prohibitions of this subsection related to the discharge of a firearm do 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, Wis. Stats.
[Amended 10-17-2011 by Ord. No. 1997]
D.
Operate or go armed with a firearm while he is under
the influence of an intoxicant.
E.
Intentionally point a firearm at or toward another,
unless the conduct is justified or, had it been subject to a criminal
penalty, would have been subject to a defense described in § 939.45,
Wis. Stats.
[Amended 10-17-2011 by Ord. No. 1997]
F.
Participate in or, being present, aid, abet or encourage
any assault, affray or riot, cat or dog fight or disorderly assemblage
of any kind.
G.
Refuse or fail upon command to aid any person known
to him to be a peace officer.
H.
Knowingly resist or obstruct an officer while such
officer is doing any act in his official capacity and with lawful
authority.
(1)
"Officer" means a peace officer or other public officer
or public employee having the authority by virtue of his office or
employment to take another into custody.
(2)
"Obstruct" includes, without limitation, knowingly
giving false information to the officer with intent to mislead him
in the performance of his duty, including the service of any summons
or any civil process.
I.
Commit any assault or battery upon another.
J.
Be found intoxicated behind the wheel of an automobile.
K.
Be found within the Village to be habitually drunk
or intoxicated so as to disturb the good order and quiet of the Village
or found in any place within the Village in such a state of intoxication
that he is unable to care for his own safety or for the safety of
others.
L.
Intentionally falsely report, personally telephone,
by messenger or otherwise, directly or indirectly, to the Sheriff,
coroner or any other officer that a crime has been or is being committed
in any place within said Village or that an accident has occurred
or the dead body of any person has been found therein, for the purpose
of causing any officer to investigate such report or of misleading
any such officer in any such manner.
M.
Trespass. All provisions of § 943.13, Wis. Stats., describing and defining regulations with respect to trespass to land, for which the penalty is a forfeiture only, are hereby adopted and by reference made a part of this subsection as if fully set forth herein. Any act required to be performed or prohibited by § 943.13, Wis. Stats., incorporated herein by reference is required or prohibited. Any future amendments, revisions or modifications of § 943.13, Wis. Stats., incorporated herein are intended to be made part of this subsection. The penalty for conviction of a violation of this subsection is as set forth in § 115-1 of the Village Code, except that if a person is convicted of a violation of this subsection resulting from the carrying of a concealed firearm and that person had a lawful permit to carry that firearm then the maximum forfeiture is $500.
[Amended 10-17-2011 by Ord. No. 1997]
N.
Damage property.
(1)
Mar, deface, disfigure, damage, injure or destroy
any surface of any alley, street or sidewalk in the Village.
(2)
Trample down, mar, deface, disfigure, damage, injure
or destroy any flowers, shrubbery, trees, traffic signs, lampposts,
buildings, structures, or other public or private property within
the Village.
O.
Disobey, disregard or tamper with any official sign
or barricade erected by the Village, Village contractor or by a utility.
P.
Enter upon the property of another without the consent
of some person lawfully upon said premises.
Q.
Intentionally cause damage to any physical property
of another without his consent.
R.
Intentionally enter the locked and closed portion
or compartment of the vehicle of another without consent.
S.
Violate any proclamation, declaration or order of
the Village President or person acting in his absence, or of the Village
Board, made during a state of emergency declared by either, to keep
the peace and good order of the Village; said proclamation, declaration
or order shall become effective when posted in at least three public
places in the Village or, in lieu thereof, when publicized by any
of the metropolitan or local news media.
T.
Be found within the Village window peeping.
U.
Bathe, wade, swim or play in any public fountain or
pool thereof, or permit, allow or direct anyone to do or perform said
acts, or place, cast or throw anything in said pool, or permit, allow
or direct anyone to place, cast or throw anything in said pool.
V.
Violate any of the provisions of § 125.07,
Wis. Stats., related to procuring, possessing or consuming intoxicating
liquor in public.
W.
Impersonate any peace officer with intent to mislead
others into believing that he is actually a peace officer.
X.
Without authorization, take recyclables, including
but not limited to newsprint and aluminum cans, placed by a Village
resident at the normal point of collection on the resident's premises
for collection by the Village.[2]
[Amended 8-6-1990 by Ord. No. 1581]
[2]
Editor's Note: The following original sections
which immediately followed this section were deleted 2-25-2008 by
Ord. No. 1935: § 13-802, Bathing institutions, § 13-803,
Bathing in public waters, and § 13-804, Changing clothes
other than in home or bathhouse.
Y.
Unnecessary
and annoying noises made with a motor vehicle, by squealing tires,
by excessive acceleration of the engine, or by emitting unnecessary
and loud muffler noises.
[Added 6-21-2010 by Ord. No. 1965]
No person shall appear upon the streets, boulevards
or other public thoroughfares of the Village of Shorewood or in any
public place in the nude or without having the body sufficiently covered
with clothing.
[1]
Editor’s Note: Former § 409-3, Panhandling, was
repealed 12-3-2018 by Ord. No. 2098.
A.
No person, without reasonable excuse, shall fail or
refuse to render assistance when lawfully called upon to do so by
a person known by him to be an officer of an organization established
for the purpose of extinguishing fires or preventing fire hazards
or shall refuse to obey a lawful order of anyone he knows to be connected
with such organization.
B.
No person shall interfere with accessibility to a
fire hydrant by piling or dumping material near it without first obtaining
permission from the appropriate municipal authority. Every day during
which such interference continues shall constitute a separate offense.
C.
No person shall give a false alarm to any public officer
or employee, whether by means of a fire alarm system or otherwise.
D.
No person shall interfere with the proper functioning
of a fire alarm system.
E.
No person shall interfere with the lawful efforts
of firemen to extinguish a fire.
F.
No person shall place or cause to be placed an alarm
for police or fire assistance unless the necessity for such assistance
exists or the person placing such call has reasonable cause to believe
that such necessity exists.
Any person of either sex who shall improperly
accost, ogle, insult, follow, pursue, lay hand on or otherwise molest
any person theretofore to him or her unacquainted, within the Village
limits of the Village of Shorewood, shall be punished as indicated
hereinafter.
[Added 11-3-2014 by Ord.
No. 2043]
A.
CHILD
OFFENDER
(1)
(2)
(3)
PERMANENT RESIDENCE
TEMPORARY RESIDENCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A person under the age of 18 years.
Any person who is required to register under § 301.45,
Wis. Stats., for any offense against a child or any person who is
required to register under § 301.45, Wis. Stats., and who
is subject to the Special Bulletin Notification process set forth
in §§ 301.46(2) and (2m) Wis. Stats.;
Any person subject to the sex crimes commitment provisions of
§ 975.06, Wis. Stats.;
Any person found not guilty by reason of disease or mental defect
placed on lifetime supervision under § 971.17(lj), Wis.
Stats.
A place where a person abides, lodges, or resides for 14
or more consecutive days.
A place where a person abides, lodges, or resides for a period
of 14 or more days in the aggregate during any calendar year and which
is not the person's permanent address or place where the person
routinely abides, lodges or resides for a period of four or more consecutive
or nonconsecutive days in any month and is not the person's permanent
address.
B.
Residency restriction.
(1)
Restriction. An offender shall not establish a permanent or temporary
residence within 1,000 feet of any of the following, or any other
place designated by the Village as a place where children are known
to congregate:
(a)
Private or public school from prekindergarten through 12th grade.
(b)
Public park, parkway, parkland, or nature preserve.
(c)
Public swimming pool or beach.
(d)
Recreational trail.
(e)
Public playground.
(f)
Public library.
(g)
Athletic field used by children.
(h)
Licensed day-care center, as defined in § 48.65, Wis.
Stats.
(i)
Specialized school for children, including, but not limited
to a gymnastics academy, dance academy, or music school.
(j)
Group home for children, as defined in § 48.02(7),
Wis. Stats.
(k)
Residential care center for children, as defined in § 48.02(15d)
Wis. Stats.
(2)
Measuring distance and map of restricted locations. For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the residence to the nearest outer property line of the establishments listed above in Subsection B(1). The Police Department shall maintain an official map showing prohibited locations as defined by this section. The Police Department shall update the map at least annually to reflect any changes in the prohibited areas.
[Amended 3-21-2016 by Ord. No. 2061]
(3)
Exceptions. An offender residing within a prohibited area as described in Subsection B(1) does not commit a violation of this section if any of the following apply:
(a)
The offender is required to serve a confined sentence at a jail
or other correctional institution or facility located within a prohibited
area.
(b)
The offender established a permanent or temporary residence
and reported and registered the residence pursuant to § 301.45,
Wis. Stats., before the effective date of this section. Once said
offender no longer resides in the restricted area, another convicted
sex offender may not establish residency in said residence in the
restricted area.
(c)
The prohibited area described in Subsection B(1) that lies within 1,000 feet of the offender's permanent or temporary residence was opened after the offender established the permanent or temporary residence and reported and registered the residence pursuant to § 301.41, Wis. Stats.
(d)
The offender is a minor or ward under guardianship.
(e)
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 two years before the designated offender established
residence at the location.
(4)
Property owners prohibited from renting real property to certain
offenders.
(a)
It is unlawful to let or rent any place, structure, or part thereof, with the knowledge that it will be used as a permanent or temporary residence by any offender prohibited from establishing such permanent or temporary residence pursuant to this ordinance, if such place, structure, or part thereof, is located within a prohibited area and not subject to an exception set forth in Subsection B(3) above.
(5)
Original domicile restriction. In addition to the restrictions in Subsections B(1) and B(4) above, and subject to the exceptions in Subsection B(3) above, no designated offender shall be permitted to reside in the Village of Shorewood, unless such person was domiciled in the Village of Shorewood at the time of the offense resulting in such person's designation as an offender as defined in § 409-6A.
[Added 3-21-2016 by Ord.
No. 2061]
C.
Child safety zones restriction.
(1)
Definition. "Child safety zones" shall include any real property
upon which there exists any route, path, area, or facility used for
or which supports a use of the following, or any other place designated
by the Village as a place where children are known to congregate:
(a)
Private or public schools, from prekindergarten through 12th
grade.
(b)
Public park, parkway, parkland, or nature preserve.
(c)
Public swimming pool or beach.
(d)
Recreational trail.
(e)
Public playground.
(f)
Public library.
(g)
Athletic field used by children.
(h)
Licensed day-care center, as defined in § 48.65, Wis.
Stats.
(i)
Specialized school for children, including, but not limited
to a gymnastics academy, dance academy, or music school.
(j)
Group home for children, as defined in § 48.02(7),
Wis. Stats.
(k)
Residential care center for children, as defined in § 48.02(15d),
Wis. Stats.
(2)
Restriction. It shall be unlawful for any offender to loiter or prowl
in any child safety zone 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 manifestly endeavors to conceal himself
or any object. Unless flight by the actor or other circumstances make
it impracticable, a police officer shall, prior to any arrest for
an offense under this subsection, afford the actor 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
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.
(3)
Map of restricted locations. The Police Department will maintain
an official map depicting the child safety zones as defined by this
section and shall update the map at least annually to reflect any
changes in the restricted locations.
[Amended 3-21-2016 by Ord. No. 2061]
(4)
Exceptions.
(a)
This section shall not apply where the offender was a minor
accompanied by and under the care of his or her parent, guardian or
other adult person having his or her care, custody or control, or
where the offender was exercising First Amendment rights protected
by the United States Constitution or Wisconsin Constitution, including
freedom of speech, the free exercise of religion, or the right of
assembly.
(b)
This section shall not apply to any elementary or secondary
school lawfully attended by an offender enrolled as a student, as
is reasonably required for the educational purposes of the school.
(c)
This section shall not apply to any polling location in a local,
state, or federal election, subject to the following conditions:
[1]
The offender is eligible to vote.
[2]
The designated polling place for the offender is located in
a designated child safety zone.
[3]
The offender enters the polling place, proceeds to cast a ballot
with whatever usual and customary assistance is provided to any member
of the electorate, and vacates the property immediately after voting.
[1]
Editor’s Note: Former § 409-6, Fortune-telling,
was repealed 6-21-2010 by Ord. No. 1963.
The provisions of Ch. 945, Wis. Stats., excepting
the penalty sections therefrom, are hereby incorporated by reference
and made a part hereof.[1]
The provisions of §§ 944.30 through
944.36, Wis. Stats., excepting the penalty sections thereof, are hereby
incorporated by reference and made a part hereof.
The provisions of § 943.50, Wis. Stats.,
excepting the penalty sections thereof, are hereby incorporated by
reference and made a part hereof.
The provisions of § 943.20, Wis. Stats.,
excepting the penalty sections thereof, are hereby incorporated by
reference and made a part hereof.
[Amended 3-18-1991 by Ord. No. 1600]
It is unlawful for any person to engage in picketing
before or about the residence or dwelling of any individual in the
Village of Shorewood.
[Amended 4-19-2004 by Ord. No. 1867]
A.
CURFEW HOURS
EMERGENCY
ESTABLISHMENT
IN LOCO PARENTIS
(1)
(2)
(3)
(4)
MINOR
OFFICER
PARENT
(1)
(2)
(3)
(4)
PERSON
PUBLIC PLACE
REMAIN
VILLAGE
Definitions. As used within this section, the following
words and phrases shall have the meanings ascribed to them below.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular,
and words in the singular number include the plural.
The hours of 11:00 p.m. through 5:00 a.m. of each day.
Unforeseen circumstances, or the status or condition resulting
therefrom, requiring immediate action to safeguard life, limb or property.
The term includes but is not limited to fires, natural disasters,
automobile accidents or other similar circumstances.
Any privately owned place of business within the Village
operated for profit, to which the public is invited, including but
not limited to any place of amusement or entertainment. With respect
to such establishment, the term "operator" shall mean any person and
any firm, association, partnership (and the members or partners thereof)
and/or any corporation (and the officers thereof) conducting or managing
that establishment.
The biological or adoptive parent has consented
to and fostered the establishment of a parent-like relationship with
the minor;
The child and the person claiming to be in loco
parentis live together in the same household;
The person claiming to be in loco parentis has
assumed the obligations of parenthood by taking significant responsibility
for the minor's care, education, and development, including contributing
toward the minor's support without expectation of financial compensation;
and
The person claiming to be in loco parentis has
been in a parental role for a length of time sufficient to establish
with the minor a bonded, dependent relationship that is parental in
nature.
Any person less than 17 years of age.
A police or other law enforcement officer charged with the
duty of enforcing the laws of the State of Wisconsin and/or the ordinances
of the Village.
A person who is a minor's biological or adoptive
parent and who has legal custody of a minor (including either parent,
if custody is shared under a court order or agreement);
A person who is the biological or adoptive parent
with whom a minor regularly resides;
A person judicially appointed as a legal guardian
of the minor; and/or
An individual or any association, corporation, or any other
legal entity.
Any place to which the public or a substantial group of the
public has access, including but not limited to streets, highways,
roads, sidewalks, alleys, avenues, parks, and/or the common areas
of schools, hospitals, apartment houses, office buildings, restaurants,
shops, places of amusement, entertainment and recreation, vacant lots,
transportation facilities, and in or upon any conveyance being driven
or parked thereon.
The following actions:
The Village of Shorewood, Wisconsin.
B.
Loitering of minors (curfew). It shall be unlawful
for a minor, during curfew hours, to remain in or upon any public
place within the Village, to remain in any motor vehicle operating
or parked therein or thereon, or to remain in or upon the premises
of any establishment within the Village, unless:
(1)
The minor is accompanied by a parent;
(2)
The minor is involved in an emergency;
(3)
The minor is engaged in an employment activity, or
is going to or returning home from such activity, without detour or
stop;
(4)
The minor is on the sidewalk directly abutting a place
where he or she resides with a parent;
(5)
The minor is attending an activity sponsored by a
school, religious, or civic organization, by a public organization
or agency, or by another similar organization or entity, which activity
is supervised by adults, and/or the minor is going to or returning
from such an activity without detour or stop;
(6)
The minor is on an errand at the direction of a parent
and the minor has in his or her possession a writing signed by the
parent containing the following information: the name, signature,
address and telephone number of the parent authorizing the errand,
the telephone number where the parent may be reached during the errand,
the name of the minor, a brief description of the errand, the minor's
destination(s) and the date and hours the minor is authorized to be
engaged in the errand;
(7)
The minor with the parent's knowledge and consent
is involved in interstate travel through, or beginning or terminating
in, the Village; or
(8)
The minor is exercising First Amendment rights protected
by the United States Constitution, such as the free exercise of religion,
freedom of speech and the right of assembly.
C.
Responsibility of parents or guardians. It shall be unlawful for a minor's parent to knowingly permit, allow or encourage such minor to violate Subsection B, provided that any parent or guardian who shall have made a missing person notification to the Police Department shall not be considered to be in violation for this section. The term "knowingly" includes knowledge that a parent should reasonably be expected to have concerning the whereabouts of a juvenile in that parent's legal custody. A violation of this subsection may be designated as "contributing to curfew violation."
D.
Responsibility of owners or operators of motor vehicles. It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of Subsection B. A violation of this subsection may be designated as "contributing to curfew violation."
E.
Responsibility of operators of establishments. It shall be unlawful for the operator of any establishment, or for any person who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment in violation of Subsection B. It shall be a defense to prosecution under this subsection that the operator or an employee of an establishment promptly notified the Police Department that a minor was present at the establishment after curfew hours and refused to leave. A violation of this subsection may be designated as "contributing to curfew violation."
F.
Responsibility of hotels and motels. It shall be unlawful for any person, firm, corporation, or other legal entity operating a hotel or motel, or his or its agents, servants or employees, to knowingly permit, allow or encourage a minor to remain upon the premises of the hotel or motel in violation of Subsection B. A violation of this subsection may be designated as "contributing to curfew violation."
G.
Enforcement and penalty.
(1)
If a police officer, while on duty, reasonably believes that a minor is in a public place in violation of this section, the officer shall notify the minor that he/she is in violation of this section and shall require the minor to provide his/her name, address and telephone number and how to contact his/her parent or guardian. The officer is hereby authorized to detain any such minor violating the provisions of Subsection B until the parent or guardian of the minor shall take him or her into custody. Upon detaining the minor, the officer shall immediately attempt to communicate with the parent or guardian.
(2)
Any person under the age of 17 years violating the
provisions of this section may be referred to the proper authorities
as provided in Ch. 48, Wis. Stats., and/or issued a citation.
A.
It shall be unlawful for anyone to 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
actor takes flight upon appearance of a police officer, refuses to
identify himself, or manifestly endeavors to conceal himself or any
object. Unless flight by the actor or other circumstances make it
impracticable, a police officer shall, prior to any arrest for an
offense under this subsection, afford the actor 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
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.
B.
It shall be unlawful for any person or persons to
stand, assemble or loiter upon any sidewalk, street, public ground
or public way in this Village so as to obstruct, hinder or impede
free passage upon or along the same or obstruct, hinder or impede
free ingress or egress to and from any place of business, institution
or public building or property; no person or persons so assembled
shall refuse or neglect to move or depart or give free passage after
being requested so to do by the owner, lessee, tenant, manager or
occupant of such premises obstructed as aforesaid, or upon order of
any police officer in the Village of Shorewood.
C.
It shall be unlawful for any person to hide, wait
or otherwise loiter in the vicinity of any private dwelling house,
apartment building, or any other place of residence with the unlawful
intent to watch, gaze or look upon the occupants therein in a clandestine
manner.
D.
It shall be unlawful for any person to loiter in or
about any toilet open to the public for the purpose of engaging in
or soliciting any lewd or lascivious or any unlawful act.
E.
It shall be unlawful for any person to lodge in any
building, structure or place, whether public or private, without the
permission of the owner or person in possession or in control thereof.
F.
It shall be unlawful for any person to loiter in or
about a restaurant, tavern or other public building. As used in this
subsection, "loiter" means to, without just cause, remain in a restaurant,
tavern, or public building, or to remain upon the property immediately
adjacent thereto, after being asked to leave by the owner or person
entitled to possession or in control thereof or by any police officer.
[Amended 9-18-1989 by Ord. No. 1560]
A.
It shall be unlawful for any student who is under
suspension, expulsion, exemption or other discipline excluding him
from attending school under the jurisdiction of the Shorewood Board
of Education or for any person not a student presently enrolled to
attend school under the jurisdiction of the Shorewood Board of Education
or not an employee of said Shorewood Board of Education or not a parent
or guardian of a student so enrolled or not an otherwise authorized
person to be present within any school building or upon any school
grounds under the jurisdiction of said Board of Education without
having first secured authorization to be there from the principal
or other person in charge of said school building or school grounds,
except while in direct route to secure said authorization. "Authorized
person" shall include any person who is present at any school building
or school grounds for any purpose previously authorized by the Board
of Education or its designee.
B.
Any person shall, upon request of the principal or other person in charge of any school building or upon any school grounds under the jurisdiction of said Board of Education, or upon request of any police officer, display any written authorization to be present which he may have in his possession or otherwise explain his presence or his status as such student, employee, parent or guardian, or authorized person referred to in Subsection A hereof.
C.
All entrances to the school buildings referred to in Subsection A hereof shall be posted with a notice stating "Entry into School Building by Unauthorized Persons Prohibited." All school grounds referred to in Subsection A hereof shall be posted with a notice stating "Entry Upon School Grounds by Unauthorized Persons Prohibited."
D.
Atwater and Lake Bluff Shorewood District school grounds
shall be closed to public use each day during the year from 9:30 p.m.
until 7:00 a.m.
A.
Controlled substances.
(1)
Controlled substances. It shall be unlawful for any
person to possess a controlled substance contrary to the Uniform Controlled
Substances Act, Ch. 961, Wis. Stats.
(2)
Possession of marijuana. No person shall possess any
amount of marijuana tetrahydrocannabinol, or any derivative thereof,
unless the substance was obtained directly from, or pursuant to a
valid prescription or order of, a licensed physician or pharmacist
for a valid medical purpose.
B.
Drug paraphernalia. The provisions of Ch. 961, Subchapter
VI, Wis. Stats., excepting the penalty provisions thereof, are hereby
incorporated by reference and made a part hereof. Any drug paraphernalia
used or possessed in violation of this section shall be seized and
forfeited to the Village.
[Amended 2-5-1990 by Ord. No. 1570; 2-25-2008 by Ord. No.
1935]
C.
Synthetic
marijuana prohibited.
[Added 11-15-2010 by Ord. No. 1975]
(1)
Possession,
use and sale are illegal. It shall be illegal for any person to use,
possess, purchase, attempt to purchase, sell, publically display for
sale or attempt to sell, give or barter any material, chemical, compound,
mixture, or preparation that is intended to have the same or similar
effects of the controlled substance marijuana including but not limited
to synthetic cannabinoids, JWH-018, JWH-073, JWH-200, JWH-081, JWH-250,
HU-210; cannabicyclohexanol, CP 47, 497; or any similar structural
analogs commonly found in, referred to, or marketed or sold under
the names "K2," "K3" or "K4," "Spice," "Genie," "Yucatan Fire," "fake,
new or legal marijuana," or by any other name, label or description.
(2)
Medical or dental use allowed. Acts otherwise prohibited under Subsection C(1) shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided that such use is permitted under state and federal laws.
No person shall obtain or attempt to obtain
a prescription drug or procure or attempt to procure the administration
of a prescription drug by fraud, deceit, willful misrepresentation
or subterfuge, or by the forgery or alteration of a prescription or
of any written order, or by the willful concealment of a material
fact, or by the use of a false name or the giving of a false address.
As used herein, "prescription drug" shall be defined pursuant to the
provisions of § 450.07, Wis. Stats.
The provisions of § 943.24, Wis. Stats.,
excepting the penalty provisions thereof, are incorporated by reference
and made a part hereof.
No person shall ascend or land with any aircraft,
including gliders, balloons, helicopters and parachutes, within the
Village of Shorewood. This section shall not apply to emergency landing
nor to military or National Guard personnel.
No person, by means of telephone calls originating
within or received within the Village of Shorewood, shall:
A.
Make any comment, request, suggestion or proposal
which is obscene, lewd, lascivious, filthy or indecent.
B.
Make a phone call, whether or not a conversation ensues,
with the intent to abuse, threaten or harass any person at the called
number or numbers.
C.
Make or cause the telephone of another repeatedly
or continuously to ring, with the intent to harass any person at the
called number or numbers.
D.
Make repeated telephone calls, during which conversation
ensues, solely to harass any person at the called number or numbers.
E.
Knowingly permit any telephone under his control to
be used for any purpose prohibited by this section.
F.
In conspiracy or concerted action with other persons,
make repeated calls or simultaneous calls solely to harass any person
at the called number or numbers.
The provisions of § 943.21, Wis. Stats.,
excepting the penalty references contained therein, are hereby incorporated
by reference and made a part hereof.
The provisions of § 943.15, Wis. Stats.,
are hereby incorporated by reference and made a part hereof.
The provisions of § 943.41, Wis. Stats.,
excepting the penalty provisions thereof, are hereby incorporated
by reference and made a part hereof.
The provisions of §§ 944.15,
944.16, 944.17 and 944.20, Wis. Stats., are hereby incorporated by
reference and made a part hereof.
[Added 6-4-2007 by Ord. No. 1927]
A.
COMPUTER PROGRAM
MESSAGE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
An ordered set of instructions or statements that, when executed
by a computer, causes the computer to process data.
Any transfer of signs, signals, writing, images, sounds,
data or intelligence of any nature, or any transfer of a computer
program.
B.
It shall be unlawful for anyone, within the Village
of Shorewood, to:
(1)
With intent to frighten, intimidate, threaten, abuse
or harass another person, send a message to the person on an electronic
mail or other computerized communication system and in that message
threaten to inflict injury or physical harm to any person or the property
of any person.
(2)
With the intent to frighten, intimidate, threaten,
abuse or harass another person, send a message on an electronic mail
or other computerized communication system with the reasonable expectation
that the person will receive the message and in that message threaten
to inflict injury or physical harm to any person or the property of
any person.
(3)
With intent to frighten, intimidate, threaten or abuse
another person, send a message to the person on an electronic mail
or other computerized communication system and in that message use
any obscene, lewd or profane language or suggest any lewd or lascivious
act.
(4)
With intent to frighten, intimidate, threaten or abuse
another person, send a message on an electronic mail or other computerized
communication system with the reasonable expectation that the person
will receive the message and in that message use any obscene, lewd,
or profane language or suggest any lewd or lascivious act.
(5)
With intent to frighten, intimidate, threaten or abuse
another person, send a message to the person on an electronic mail
or other computerized communication system while intentionally preventing
or attempting to prevent the disclosure of his or her own identity.
(6)
While intentionally preventing or attempting to prevent
the disclosure of his or her identity and with intent to frighten,
intimidate, threaten or abuse another person, send a message on an
electronic mail or other computerized communication system with a
reasonable expectation that the person will receive the message.
(7)
With intent to harass, annoy or offend another person,
send a message to the person on an electronic mail or other computerized
communication system and in that message use any obscene, lewd or
profane language or suggest any lewd or lascivious act.
(8)
With intent to harass, annoy or offend another person,
send a message on an electronic mail or other computerized communication
system with the reasonable expectation that the person will receive
the message and in that message use any obscene, lewd or profane language
or suggest any lewd or lascivious acts.
(9)
With intent solely to harass another person, send
repeated messages to the person on an electronic mail or other computerized
communication system.
(10)
With intent solely to harass another person,
send repeated messages on an electronic mail or other computerized
communication system with the reasonable expectation that the person
will receive the messages.
(11)
With intent to harass or annoy another person,
send a message to the person on an electronic mail or other computerized
communication system while intentionally preventing or attempting
to prevent the disclosure of his or her own identity.
(12)
While intentionally preventing or attempting
to prevent the disclosure of his or her identity and with intent to
harass or annoy another person, send a message on an electronic mail
or other computerized communication system with the reasonable expectation
that the person will receive the message.
(13)
Knowingly permit or direct another person to
send a message prohibited by this section by any computer terminal
or other device that is used to send messages on an electronic mail
or other computerized communication system and that is under his or
her control.
A.
All businesses in the Village of Shorewood shall be
closed to the public no later than 1:00 a.m., and such premises shall
not reopen to the public earlier than 5:00 a.m. of the same day.
B.
The provisions of this section shall not apply to
persons or corporations engaged in the transportation business and
shall be further subject to other Code provisions related to closing
hours of business establishments in the Village.
A.
No person shall intentionally encourage or contribute
to the delinquency or neglect of any child.
B.
Any parent, guardian, or legal custodian who neglects
or disregards the morals, health, or welfare of his child thereby
contributes to the delinquency of that child.
C.
An act or failure to act contributes to the delinquency
of a child, although the child does not actually become neglected
or delinquent, if the natural and probable consequences of that act
or failure to act would be to cause the child to become delinquent
or neglected.
A.
Abandonment of carts prohibited.
(1)
No person shall abandon or leave unattended any grocery
cart or shopping cart upon any public street, sidewalk, or public
way, within the Village of Shorewood, other than on the premises where
said cart was originally obtained.
(2)
All such carts shall be equipped with permanently
mounted tags identifying by name and street address the owner and
premises upon which said cart belongs.
B.
Removal of carts prohibited. No person shall remove
or cause to be removed any grocery cart or shopping cart from the
premises and parking lot of the establishment which furnished said
cart without express written permission of the management of such
establishment.
C.
Posting of section required. The owner or operator
of every place of business or establishment which provides grocery
carts or shopping carts for the use of its customers or patrons shall
post or cause to be posted a copy of this section or a summary thereof
in a conspicuous place within said place of business or establishment.
D.
Storage and disposition of carts.
(1)
Any grocery cart or shopping cart which has been abandoned or left unattended upon any public street, sidewalk, or public way or other property within the Village of Shorewood shall be collected by or turned over to the Department of Public Works for storage. The Department shall promptly notify the establishment from which such cart has been taken of the recovery of the same, provided that the name of such establishment can be determined. Each such cart shall be released by the Department of Public Works only upon receipt of payment of a fee equal to the amount established as a minimum fee for special collection under the provisions of § 455-2C(4)(c)[1] of the Village Code.
(2)
All such carts which shall have remained unclaimed for a period of 30 days after taking possession of the same by the Department of Public Works shall be referred to the Chief of Police for disposition in accordance with the provisions of Chapter 421 of the Village Code. If the Police Department is unable to dispose of such carts, it shall so notify the Department of Public Works, which shall junk them.
It shall be unlawful for any person, firm or
corporation to leave in a place accessible to children any abandoned,
unattended or discarded icebox, refrigerator, stove, washer, dryer,
or any other appliance or container of any kind without first removing
the doors or one side from said appliance or container. The abandonment
and discarding of said appliance or container without the removal
of a door or side is hereby declared to be a public nuisance.
A.
Whoever is concerned in the commission of a municipal
ordinance violation is a principal and may be charged with and convicted
of the commission of the violation although he did not directly commit
it and although the person who directly committed it has not been
convicted or has been convicted of some other degree of crime or ordinance
violation or some other crime or ordinance violation based on the
same act.
B.
A person is concerned in the commission of a municipal
ordinance violation if he:
(1)
Directly commits the ordinance violation;
(2)
Intentionally aids and abets the commission of it;
or
(3)
Is a party to a conspiracy with another to commit
it or advises, hires, counsels, or otherwise procures another to commit
it. Such a party is also concerned in the commission of any other
municipal ordinance violation which is committed in pursuance of the
intended violation and which under the circumstances is a natural
and probable consequence of the intended offense. This subsection
does not apply to a person who voluntarily changes his mind and no
longer desires that the violation be committed and notifies the other
parties concerned of his withdrawal within a reasonable time before
the commission of the violation so as to allow the others also to
withdraw.
