Chapter 367 Peace and Good Order

Any center fire rifle.

Any .22 caliber rifle.

(3)

Any shotgun using a slug as ammunition.

(4)

Any black powdered muzzle-loading gun.

(5)

Any handgun with a caliber of .22 or larger.

Designated areas in the Town of Woodruff in which firing of aforementioned firearms is prohibited:

All recorded subdivisions.

In Township 39 North, Range 6 East, Oneida County, Wisconsin: all of Sections 1 and 2.

(3)

In Township 39 North, Range 7 East, Oneida County, Wisconsin: all of Sections 5, 6, 7 and 19 and that portion of Section 18 which is southwesterly of Highway 47.

This section shall not apply to the discharge of a firearm by a law enforcement officer in the performance of his duties.[1]

§ 367-3 Throwing or shooting of arrows, stones and other missiles.

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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, provided that the Chief of Police may grant a permit for archery for a period of not more than one year.

§ 367-4 Sale and use of fireworks. [1]

Section 167.10, Wis. Stats., regulating the sale and use of fireworks, exclusive of any penalty imposed thereby, is adopted by reference and made a part of this section as though set forth in full. Pursuant to § 167.10(3)(e), Wis. Stats., a policy of liability insurance shall be required. An applicant for a user's permit shall also be required to pay a permit fee as provided in the Town Fee Schedule.[2]

§ 367-5 Obstructing streets and sidewalks.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[2]

Editor's Note: See Ch. A450, Fees.

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 or egress to or from any place of business or amusement, church, public hall or meeting place, except with the permission of the Town Board upon written application to the Board.

§ 367-6 Loud and unnecessary noise.

No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley, or park or any private residence.

§ 367-7 Disorderly conduct with motor vehicle.

No person shall operate a motor vehicle in such a manner as to cause the tires to squeal, the motor to race excessively, the horn to blow unnecessarily, the radio to blare or in any other manner which would annoy or disturb other persons in the Town or endanger the public peace and safety.

§ 367-8 Gambling, lotteries and fraudulent devices and practices.

All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the Town. Any police officer of the Town shall seize anything devised solely for gambling or found in actual use for gambling within the Town and dispose thereof after a judicial determination that such device was used solely for gambling or found in actual use for gambling.

§ 367-9 Loitering.

Loitering or prowling. 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 makes 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 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.

Obstruction of highway by loitering. 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 police officer.

Obstruction of traffic by loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossing or bridges, or in any other public places within the Town, in such manner as to prevent, interfere with or obstruct the ordinary free use of the public streets, sidewalks, street crossings and bridges or other public places by persons passing along and over the same.

Loitering after being requested to move. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks or adjacent doorways or entrances, 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 police officer or by any person in authority at such places.

§ 367-10 Destruction of property.

No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the Town or its departments or to any private person without the consent of the owner or proper authority.

§ 367-11 Depositing garbage or unwanted items.

[Amended 10-14-1992]

It shall be unlawful for any person or corporation to deposit any unwanted items or garbage on any public street, alley, or road or private premises within the Town of Woodruff.

It shall be unlawful for any person or corporation to deposit any garbage or refuse in any container which is owned, leased or rented by another.

§ 367-12 Open cisterns, wells or other dangerous openings.

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 fenced in such manner as to prevent injury to any person, and any cover shall be of a design, size and weight that the same cannot be removed by small children. Any violation of this section is a public nuisance and may be disposed of in accordance with Ch. 823, Wis. Stats.

§ 367-13 Discarded refrigerators and other containers.

No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure, under his control in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside without first removing such door or lid, snap lock or other locking device from such icebox, refrigerator or container, unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.

§ 367-14 Curfew.

Hours.

Specified. No person under 18 years of age shall loiter, idle or remain upon any street, alley or other public place in the Town between 11:00 p.m. and 5:00 a.m. the next day unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.

[Amended 7-12-1995]

Exceptions.

(a)

This section shall not apply to a child:

Who is performing an errand as directed by his parent, guardian or person having lawful custody.

[2]

Who is performing an errand of urgent necessity.

[3]

Who is on his own premises or in the areas immediately adjacent thereto.

[4]

Whose employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours.

[5]

Who is returning home from a supervised school, church or civic function or going to or from places of business or amusement or private homes.

(b)

These exceptions shall not, however, permit a child to unnecessarily loiter about the streets, alleys or public places or be in a parked motor vehicle on the public streets.

Parental violation. No parent, guardian or other person having legal custody of a child under the age of 18 years shall permit such child to loiter, idle or remain upon any street, alley or other public place in the Town of Woodruff between 11:00 p.m. and 5:00 a.m. the next day, unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.

[Amended 7-12-1995]

Responsibility of operators or hotels, motels and rooming houses. No person operating a hotel, motel or lodging or rooming house within the Town, or any agent, servant or employee of such person, shall permit any child under the age of 18 years to visit, idle, wander or stroll in any portion of such hotel, motel or lodging or rooming house between 11:00 p.m. and 5:00 a.m. the next day unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Loitering in school and playground areas. 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.

Detaining a child. A child believed to be violating the provisions of this section shall be taken to the Police Department or the County Sheriff's Department for proper identification. Any law enforcement officer on duty may detain any child violating Subsection A, C or D until such time as the parent, guardian or other adult person having legal custody of the child has been immediately notified and the person so notified has, as soon as reasonably possible thereafter, reported to the Police Department or the Sheriff's office for the purpose of taking the child into custody and has signed a release for him.

Warning. The first time a child is detained by law enforcement officers as provided in Subsection E, the parent, guardian or person having legal custody shall be advised as to the provisions of this section, and any violation of this section occurring thereafter by this child or any other child under such adult' care or custody shall result in a penalty being imposed as provided in Subsection G.

General penalty.

Any parent, guardian or person having legal custody of a child described in Subsection A, C or D who has been warned in the manner provided in Subsection F and who thereafter violates any of the provisions of this section shall be subject to a penalty as provided in § 1-3 of this Code.

Any child who violates this section after being detained and released under Subsection E shall be dealt with under Ch. 48, Wis. Stats.

§ 367-15 Public nudity.

[Added 9-14-1994]

Authority. This section is enacted pursuant to power granted by virtue of present Wisconsin Statutes, including § 125.10, Wis. Stats., and Town powers if the electors have previously approved.

Restrictions. There shall be no nudity in public.

Definition. As used in this section, the following terms shall have the meanings indicated:

NUDITY

The showing or exposing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering or of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.

PUBLIC

Means any place of accommodation or amusement, which shall be interpreted broadly to include, but not be limited to, places of business or recreation, hotels, motels, resorts, restaurants, campgrounds, taverns and any place where accommodations, amusements, goods or services are available either free or for a consideration.

Contact prohibition. There shall be no contact between a patron, owner, employee, customer or bystander with a paid or amateur dancer during or shortly after a dance or other performance where clothing is or has recently been removed, either by direct physical contact or the placing of money or other things of value in the remaining clothing or body part of said performer.

This section is not to be interpreted as restricting the proper use of a bathroom facility by a male or female in an enclosed area where the person is of the same sex designation for such room, and is not engaged in for any sexual or exhibitionist purpose to or in front of or adjacent to other persons.

§ 367-16 Nude dancing in licensed establishments.

This section is not to be interpreted to prevent activities in rooms privately rented in a hotel, motel, resort or camper if at a campground, if the person(s) involved rented such private facility or owns it and has not invited or allowed members of the public, who are not immediate family members, to be at such location.

Violation. Each violation of this section shall result in a forfeiture of not less than $50. When using a citation form of enforcement, the deposit allowed shall be $100 for a first offense or $250 for a second or greater offense within one year, plus current court costs. Pursuant to procedures set forth in § 125.12, Wis. Stats., or Town ordinance, violation constitutes sufficient grounds for Board consideration of license suspension, revocation, or nonrenewal where such violation occurred in conjunction with or related to the activity for which the license is issued.

[Added 5-11-1999]

Nude dancing in licensed establishments prohibited. It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in, any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:

Shows his or her genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering;

Shows any portion of the female breast below a point immediately above the top of the areola; or

(3)

Shows the covered male genitals in a discernibly turgid state.

Exemptions. The provisions of this section do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.

Definitions. For purposes of this section, the term "licensed establishment" means any establishment licensed by the Town Board of the Town of Woodruff to sell alcohol beverages pursuant to Ch. 125, Wis. Stats. The term "licensee" means the holder of a retail "Class A," "Class B," Class "B," Class "A" or "Class C" license granted by the Woodruff Town Board pursuant to Ch. 125, Wis. Stats.[1]