Chapter 189 Peace and Good Order

No person shall fire or discharge any handgun, rifle, shotgun, or spring or air gun of any description within the Village without written permission of the Police Chief. Such permission shall limit the time of such use, impose such safeguards as are necessary for the safety of the persons and property within the Village and be subject to revocation by the Police Chief or the Village Board.

No person shall have any handgun, rifle, shotgun, or spring or air gun in his possession or under his control within the Village unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container.

Shooting of arrows regulated; stones and other missiles.

No person shall shoot with or discharge a bow, crossbow or similar device which propels or projects an arrow or similar projectile within the limits of the Village without written permission of the Police Chief. Such permission shall limit the time of such use, impose such safeguards as are necessary for the safety of persons and property within the Village and be subject to revocation by the Police Chief or the Village Board.

No person shall throw or shoot any stone, snowball or other missile or projectile by hand or by any other means at any person or any person's property or at, on or into any building or public property within the Village.[1]

§ 189-3 Offenses endangering public morals and decency.

Editor's Note: Original § 41.02(3), Burning of grass and trash, and (4), Sale and discharge of fireworks, which immediately followed this subsection, were repealed 7-8-2003 by Ord. No. 20-03.

Obstructing streets and sidewalks. No person shall stand, sit, loaf, or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Village 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.

Open cisterns, wells, basements, or other dangerous excavations. 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 it cannot be removed by small children.

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

No person shall use any indecent, vile, profane or obscene language or conduct himself in any indecent, lewd, lascivious or obscene manner within the Village.

§ 189-4 Offenses against public and private property.

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

Littering. No person shall throw any glass, rubbish, waste or filth upon the streets, alleys, highways, public parks or property of the Village or any private property not owned by him or upon the surface of any body of water within the Village.

Yard waste. No person shall cause any yard waste to be upon any street, alley or highway within the Village.

[Added 12-10-2007 by Ord. No. 25-07]

§ 189-5 Graffiti.

[Added 11-1-2001 by Ord. No. 24-01]

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

GRAFFITI

Any drawing, figure, inscription, symbol, or other marking which is scratched, painted, drawn in pen or marker, or placed by some other permanent or semipermanent means upon sidewalks, streets, public or private structures or any other place in public view without the express permission or consent of the property owner.

Public nuisance. Graffiti is hereby declared to be a public nuisance, as defined under Chapter 177, Nuisances, of this Code, affecting peace and safety.

Prohibitions. No person shall write, spray, scratch or otherwise affix graffiti upon any property, whether private or public, without the consent of the owner or owners of said property. Any person who shall affix graffiti to any property without the consent of the owner shall be liable for the costs of removing or covering such graffiti in addition to any fines imposed for violating this section. The parents of any unemancipated minor child who affixed graffiti shall be held liable for the cost of removing or covering said graffiti in accordance with § 895.035, Wis. Stats.

Removal by property owner.

Every owner of a structure or property defaced by graffiti shall cover or remove the graffiti within 15 days in compliance with written notice served upon him by the Police Department to remove or cover such graffiti.

In the event any owner fails to comply with the above-mentioned notice, the Police Department may have the graffiti covered or removed, and in such event all costs, fees and expenses will be assessed to said owner's real estate taxes pursuant to § 66.0703, Wis. Stats.

§ 189-6 Removal of library materials.

No person shall take and carry away, transfer, conceal or retain possession of any library material without consent of a library official, agent or employee and with intent to deprive the library of possession of the material.

The term "library material" shall mean those materials described and defined in § 943.61(1)(c), Wis. Stats.

It shall be conclusively presumed that any person who fails to return library materials to the library within five days of receipt of written notice issued by the librarian, describing the library materials issued to the custody of the person identified in the notice, retains such library materials with intent to deprive the library of possession of the materials.

The parent, guardian or other legal custodian of any minor child shall be responsible for the violation of any provision of this section by the minor child in custody of that parent, legal custodian or guardian.

§ 189-7 Worthless checks.

Issuance prohibited.

No person shall issue any check or other order for the payment of money which at the time of issuance he or she intends shall not be paid.

Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for the payment of money intended it should not be paid:

Proof that at the time of issuance the person did not have an account with the drawee;

Proof that at the time of issuance the person did not have sufficient funds or credit with the drawee and that the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order; or

(c)

Proof that when presentment was made, within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order.

Penalty. Any person violating any provision of this section shall be subject to a forfeiture as provided in Chapter 60, Penalties, together with the cost of prosecution, and in default of such payment imprisonment in the county jail until such forfeiture and costs are paid, but in no event to exceed 90 days.

§ 189-8 Loitering.

[Added 7-8-2003 by Ord. No. 20-03]

It shall be unlawful for any person to congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, parking lots, public buildings, places of amusement and entertainment, vacant lots or any public places in the Village of Johnson Creek, either on foot or in or upon any conveyance being driven or parked thereon.

§ 189-9 Smoking prohibited.

[Added 8-9-2010 by Ord. No. 12-10[1]]

State statutes adopted. The provisions of Wis. Stat. § 101.123 as amended by 2009 Wisconsin Act 12 relating to the prohibition of smoking in various enclosed places or other locations are hereby adopted and by reference made a part of this Code as if fully set forth herein. Any act required to be performed or prohibited by said statute is required to be performed or prohibited by this Code. Any future amendments, revisions, or modifications of the current or future statutes incorporated herein, are intended to be made part of this Code in order to secure uniform statewide regulation of smoking, and to protect the health and comfort of the public.

"Enclosed indoor area," means all space between a floor and a ceiling that is bounded by walls, doors, or windows, whether open or closed, covering more that 50% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.011 gauge screen with an 18 by 16 mesh count is not a wall.

Warning notice for first violation. As prescribed by Wis. Stat. § 101.123(8)(dm), a warning notice shall be issued to the "person" in charge as defined by Wis. Stat. § 101.123(1)(d) for the first violation.

Penalty. Any person who violates the provision of this section shall be subject to forfeiture as provided in Chapter 60, Penalties, and the cost of prosecution.

§ 189-10 Synthetic cannabinoid prohibited.

Editor's Note: This ordinance also redesignated former § 189-9 as § 189-10.

[Added 1-24-2011 by Ord. No. 03-11[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 one or more the following chemicals whether under the common street or trade names of "Spice," "K2," "Genie," "Yucatan Fire," "fake" or "new" marijuana, or by any other name, label, or description:

Salviadivinorum or salvinorum A; all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof; any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture of preparation of such plant, its seeds or extracts;

(6aR,10aR) – 9 - (hydroxymethyl) – 6, 6dimethytl – 3 (2methyloctan – 2 – yl) – 6a, 7, 10, 10a – Tetrahydrobenzo (c) chromen –1 –01 -- some trade or other names: HU-210;

(3)

1 – Pentyl – 3 – (1 – napthoyl) indole – some trade or other names: JWH – 018\spice;

(4)

1 – Butyl – 3 – (lnaphthoyl) indole – some trade or other names: JWH – 073;

(5)

1 – (3{trigluoromethylphenyl}) piperazine – some trade or other names: TFMPP; or

(6)

Any similar structural analogs.

Medical or dental use allowed. Acts otherwise prohibited under § 189-10 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.

§ 189-12 Sex offender residency restricted; child safety zones.

Editor's Note: This ordinance also redesignated former § 189-10 as § 189-11.

§ 189-11 Violations and penalties.

General penalty. Except as otherwise provided, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to the penalties as provided in § 60-1 of this Code.

Property damage liability. In addition to any penalty imposed for violation of § 189-4A, any person shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 189-4A may also be held liable for the costs of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.

[Added 10-23-2017 by Ord. No. 11-17]

Purpose. This section is a regulatory measure intended to protect the health and safety of children in the Village of Johnson Creek from the risk that convicted sex offenders may reoffend in locations close to their residences. The Village finds and declares that sex offenders are a serious threat to public safety. When convicted sex offenders reenter society, they are much more likely than any other type of offender to be re-arrested for a new rape or sexual assault. Given the high rate of recidivism for sex offenders and that reducing opportunity and temptation is important to minimizing the risk of reoffense, there is a need to protect children where they congregate or play in public places in addition to the protections afforded by state law near schools, day-care centers and other places children frequent. The Village finds and declares that in addition to schools and day-care centers, children congregate or play at public parks.

Definitions. As used in this section, and unless the context otherwise requires:

CRIME AGAINST CHILDREN

Any of the following offenses set forth within the Wisconsin Statutes, as amended, or the laws of this or any other state or the federal government, having like elements necessary for conviction, respectively:

§ 940.225(1) First degree sexual assault

§ 940.225(2) Second degree sexual assault

§ 940.225(3) Third degree sexual assault

§ 940.22(2) Sexual exploitation by therapist

§ 940.30 False imprisonment (victim was minor and not the offender's child)

§ 940.31 Kidnapping (victim was minor and not the offender's child)

§ 944.01 Rape (prior statute)

§ 944.06 Incest

§ 944.10 Sexual intercourse with a child (prior statute)

§ 944.11 Indecent behavior with a child (prior statute)

§ 944.12 Enticing child for immoral purposes (prior statute)

§ 948.02(1) First degree sexual assault of a child

§ 948.02(2) Second degree sexual assault of a child

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

§ 948.05 Sexual exploitation of a child

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

§ 948.06 Incest with a child

§ 948.07 Child enticement

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

§ 948.08 Soliciting a child for prostitution

§ 948.095 Sexual assault of a student by school instructional staff

§ 948.11(2)(a) or (am) Exposing child to harmful material - felony sections

§ 948.12 Possession of child pornography

§ 948.13 Convicted child sex offender working with children

§ 948.30 Abduction of another's child

§ 971.17 Not guilty by reason of mental disease - of an included offense

§ 975.06 Sex crimes law commitment

PERSON

A person who has been convicted of or has been found delinquent of or has been found not guilty by reason of disease or mental defect of a sexually violent offense and/or a crime against children.

RESIDENCE (RESIDE)

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

SEXUALLY VIOLENT OFFENSE

Shall have the meaning as set forth in § 980.01(6), Wis. Stats., as amended from time to time.

Residency restrictions.

A person shall not reside within 500 feet of the real property comprising any of the following:

Any facility for children (which means a public or private school, a group home, as defined in § 48.02(7), Wis. Stats., a residential care center for children and youth, as defined in § 48.02(15d), Wis. Stats., a shelter care facility, as defined in § 48.02(17), Wis. Stats., a foster home, as defined in § 48.02(6), Wis. Stats., a treatment foster home, as defined in § 48.02(17q), Wis. Stats., a day-care center licensed under § 48.65, Wis. Stats., a day-care program established under § 120.13(14), Wis. Stats., a day-care provider certified under § 48.651, Wis. Stats., or a youth center, as defined in § 961.01(22), Wis. Stats.; and/or

Any facility used for:

A public park, parkway, parkland, park facility;

A public library;

[3]

A recreational trail;

[4]

A public playground;

[5]

A school for children;

[6]

Athletic fields used by children;

[7]

A movie theatre;

[8]

A day-care center;

[9]

Any specialized school for children, including, but not limited to, a gymnastics academy, dance academy or music school;

[10]

A private recreational facility designed or operated for the purpose of providing recreational activities primarily for children under 12 years of age.

The distance shall be measured from the closest boundary line of the real property supporting the residence of a person to the closest real property boundary line of the applicable above-enumerated use(s).

(3)

A map depicting the above-enumerated uses and the resulting residency restriction distances, as amended from time to time, shall be approved by resolution adopted by the Village Board and shall be maintained on file in the office of the Village Clerk for public inspection. In determining the residency restriction distances, the Village Board may include those enumerated uses located outside the Village boundaries, but within 2,000 feet of the Village boundary.

Residency restriction exceptions. A person residing within 500 feet of the real property comprising any of the uses enumerated in Subsection C above does not commit a violation of this section if any of the following apply:

The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.

The person has established a residence prior to the effective date of this section which is within 500 feet of any of the uses enumerated in Subsection C above, or such enumerated use is newly established after such effective date and it is located within such 500 feet of a residence of a person which was established prior to the effective date of this section.

(3)

The person is a minor or ward under guardianship.

Original domicile restriction. In addition to and notwithstanding the foregoing, but subject to Subsection D above, no person and no individual who has been convicted of a sexually violent offense and/or a crime against children shall be permitted to reside in the Village of Johnson Creek, unless such person was domiciled in the Village of Johnson Creek at the time of the offense resulting in the person's most recent conviction for committing the sexually violent offense and/or crime against children.

Child safety zones.

No person shall enter or be present upon any real property upon which there exists any facility in the Village used for or which supports a use of:

A public park, parkway, parkland, park facility;

A public library;

(c)

A recreational trail;

(d)

A public playground;

(e)

A school for children;

(f)

Athletic fields used by children;

(g)

A movie theatre;

(h)

A day-care center;

(i)

Any specialized school for children, including, but not limited to, a gymnastics academy, dance academy or music school;

(j)

A private recreational facility designed or operated for the purpose of providing recreational activities primarily for children under 12 years of age;

(k)

A map depicting the locations of the real property in the Village of Johnson Creek supporting the above-enumerated uses, as amended from time to time, shall be approved by resolution adopted by the Village Board and shall be maintained on file in the office of the Village Clerk for public inspection.

Child safety zone exceptions.

A person does not commit a violation of Subsection F above, and the enumerated uses may allow such person on the property supporting such use if any of the following apply:

The property supporting an enumerated use under Subsection F also supports a church, synagogue, mosque, temple or other house of religious worship (collectively "church"), subject to the following conditions:

Entrance and presence upon the property occurs only during hours of worship or other religious program/service as posted to the public; and

Written advance notice is made from the person to an individual in charge of the church, and approval from an individual in charge of the church as designated by the church is made in return, of the attendance by the person; and

[3]

The person shall not participate in any religious education programs which include individuals under the age of 18.

The property supporting an enumerated use under Subsection F also supports a use lawfully attended by a person's natural or adopted child(ren), which child's use reasonably requires the attendance of the person as the child's parent upon the property, subject to the following conditions:

Entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public; and

Written advance notice is made from the person to an individual in charge of the use upon the property, and approval from an individual in charge of the use upon the property as designated by the owner of the use upon the property is made in return, of the attendance by the person.

(c)

The property supporting an enumerated use under Subsection F also supports a polling location in a local, state or federal election, subject to the following conditions:

The person is eligible to vote;