A.
Discharge of firearms regulated. No person, except
a law enforcement officer in the performance of an official duty,
shall fire or discharge any firearm, rifle, spring gun, air gun or
pneumatic pellet gun of any description within the Village of Theresa
or have any such firearm or gun in his possession or under his control
within the Village unless it is unloaded and lawfully enclosed in
a proper carrying case.
[Amended 8-1-2005 by Ord. No. 1-10; 3-7-2011]
B.
Hunting prohibited. Hunting within the Village of
Theresa is prohibited.
C.
Shooting into Village limits. No person shall, in
the territory adjacent to the Village, discharge any firearm in such
manner that the discharge shall enter or fall within the Village of
Theresa.
D.
[1]Explosive devices. No person shall discharge or detonate
any dynamite, nitroglycerin or other explosive within the Village
without first obtaining a permit to do so from the Village Board.
E.
Throwing or shooting of stones or other missiles prohibited.
(1)
It shall be unlawful for any person to discharge or
cause the discharge of any dangerous missile from any slingshot or
other means within 250 feet of any inhabited dwelling or building
or any public park, square or enclosure.
[Amended 3-7-2011]
F.
Bow and arrow target practicing.
(1)
Archers under the age of 18 years old must be certified
by a hunter's safety course or other recognized safety training program
and be supervised by an adult when shooting.
[Amended 3-7-2011]
(2)
All shooting will be directed toward an approved structure
on the permit holder's property and shall not be directed toward adjacent
property unless there is a minimum of 250 yards down range, without
structures.
(3)
Contiguous property dwellers will be contacted and
advised of the applicant's intention to obtain a permit for archery
practice on the applicant's property.
G.
Definitions. For purposes of this section, "firearm"
is defined as any instrumentality from or with which a shot, bullet
or pellet may be discharged or expelled, regardless of whether the
propelling force is provided by air, spring or other similar mechanical
device or gunpowder.
A.
Concealed weapons prohibited.
(1)
Prohibition. No person shall, within the Village of
Theresa, wear or in any manner carry under his clothes or conceal
upon or about his person any deadly or dangerous weapon, provided
that this subsection shall not apply to a peace officer or such persons
as may be authorized to carry such weapons.
(2)
Dangerous weapon defined. "Dangerous weapon" means
any firearm, whether loaded or unloaded, or any device designed as
a weapon and capable of producing death or great bodily harm, or any
other device or instrumentality which, in the manner it is used or
intended to be used, is calculated or likely to produce death or great
bodily harm.
B.
Concealed weapons in public establishments. No person
shall carry or be possessed of a dangerous weapon in any public building
or business establishment open to the public, except a bona fide weapons
repair, display, or sales establishment, unless such dangerous weapon
is so stored and concealed (other than on the person) so as not to
be readily accessible to any person or patron. This subsection shall
not apply to peace officers or others duly authorized by law acting
within the scope of their duties. This subsection 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.
C.
Specific concealed weapons prohibited. No person,
except a law enforcement officer (Wisconsin certified peace officer),
shall carry or wear concealed about his person any pistol, revolver,
firearm, slingshot, cross knuckle of lead, brass or other materials,
bowie knife, switchblade, dirk or dagger or any other dangerous or
deadly weapon within the Village.
D.
Possession, sale, and manufacture of certain weapons
prohibited.
(1)
No person shall sell, manufacture, purchase, possess
or carry metallic knuckles or knuckles of any substance which could
be put to the same use with the same or similar effect as metallic
knuckles, a numchuk (also called a "nunchaku") or any similar weapon,
a cestus or similar material weighted with metal or other substance
and worn on the hand, a churkin (also called a "suriken") or any similar
object intended to injure a person when thrown, a sucbai or similar
weapon, a manrikigusari or a similar length of chain having weighted
ends, or any other martial arts device or instrumentality which, in
the manner it is used or intended to be used, is calculated or likely
to produce injury or death to another person within the Village of
Theresa.
(2)
CHURKIN
NUMCHUK or NUNCHAKU
SUCBAI
For the purpose of this Subsection D, the following definitions shall apply:
A round throwing knife consisting of several sharp points
protruding from a rounded disc.
An instrument consisting of two or more sticks, clubs, or
rods connected by a rope, cord, wire, or chain.
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
Laboratories for destruction.
E.
Reckless use of weapons.
(1)
Acts prohibited.
(a)
No person shall endanger another's safety by
reckless conduct in the operation or handling of a firearm, air gun,
knife or bow and arrow.
(b)
No person shall operate or go armed with a firearm,
air gun, knife or bow and arrow while he is under the influence of
an intoxicant.
(c)
No person shall intentionally point a firearm,
air gun, knife or bow and arrow at or toward another person.
(2)
Reckless conduct defined. "Reckless conduct" consists
of an act which creates a situation of unreasonable risk and high
probability of death or great bodily harm to another and which demonstrates
a conscious disregard for the safety of another and a willingness
to take chances of perpetrating an injury.
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
ROADWAY
UNLOADED
VEHICLE
Definitions. In this section, the following terms
shall have the meaning indicated:
Has the meaning given under § 114.002(3), Wis.
Stats.
Enclosed in a case that is expressly made for the purpose
of containing a firearm and that is completely zipped, snapped, buckled,
tied or otherwise fastened with no part of the firearm exposed.
A weapon that acts by force of gunpowder.
Has the meaning given under § 340.01(22), Wis.
Stats.
Has the meaning given under § 30.50(6), Wis. Stats.
Has the meaning given under § 340.01(54), Wis.
Stats.
Any of the following:
Has the meaning given under § 340.01(74), Wis.
Stats., and includes a snowmobile, as defined under § 340.01(58a),
Wis. Stats.
B.
Prohibitions; motorboats and vehicles; highways and
roadways.
(1)
Except as provided in Subsection C, no person may:
(a)
Place, possess or transport a firearm, bow or
crossbow in or on a motorboat with the motor running, unless the firearm
is unloaded or unless the bow or crossbow is unstrung or is enclosed
in a carrying case.
(b)
Place, possess or transport a firearm, bow or
crossbow in or on a vehicle, unless the firearm is unloaded or unless
the bow or crossbow is unstrung or is enclosed in a carrying case.
(c)
Load or discharge a firearm or shoot a bolt
or an arrow from a bow or crossbow in or from a vehicle.
(d)
Load or discharge a firearm or shoot a bolt
or an arrow from a bow or crossbow from or across a highway or within
50 feet from the center of a road.
C.
Exceptions.
(1)
Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
A.
Obstructing streets. No person shall obstruct, loiter,
cause a nuisance or engage in any sport or exercise on any public
street, sidewalk, bridge or public ground within the Village of Theresa
in such a manner as to:
(1)
Prevent or obstruct the free passage of pedestrian
or vehicular traffic thereon;
(2)
Prevent or hinder free ingress or egress to or from
any place of business or amusement, church, public hall or meeting
place; or
(3)
Cause a nuisance by congregating and hindering the
free passage of pedestrian or vehicular traffic.
B.
Obstructing sidewalk prohibited. No person shall block
any sidewalk or bridge 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.
C.
LOITER
NUISANCE
OBSTRUCT
SIDEWALK
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:
To sit, stand, loaf, lounge, wander or stroll in an aimless
manner or to stop, pause or remain in an area for no obvious reason.
Unnecessary conduct which may tend to annoy, intimidate,
threaten or otherwise disturb another in or about any public street,
sidewalk, bridge or public ground which is offensive to the public
morals or decency of the citizens of the Village of Theresa.
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 sidewalk.
Any sidewalk owned or maintained by the Village. The term
shall not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
D.
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.
A.
Public property loitering prohibited.
(1)
No person shall loiter in or about any public street,
public sidewalk, street crossing, alley, bridge, public parking lot
or other place of assembly or public use after being requested to
move by any law enforcement officer.
(2)
Upon being requested to move, a person shall immediately
comply with such request by leaving the premises or area thereof at
the time of the request.
(3)
No person shall loiter in or about any toilet open
to the public for the purpose of engaging in or soliciting any lewd
or lascivious conduct or any unlawful act.
(4)
No person shall loiter in or about any school or public
place at or near which children or students attend or normally congregate.
As used in this subsection, "loiter" means to delay, to linger or
to idle in or about any said school or public place without a lawful
purpose for being present.
B.
Private property loitering prohibited.
(1)
No person shall loiter in or about any private premises
or adjacent doorways or entrances or upon private property held out
for public use, including but not limited to business or industry
parking lots or shopping malls, without invitation from the owner
or occupant or by any person in authority at such places. No person
shall loiter in or about the doorway, stairway, steps or entrance
of any business place or private residence without the expressed consent
of the owner thereof, or at any time other than usual business hours.
Under this subsection, "business place" shall include a public building
at such times that the same shall be closed for the usual and normal
business conducted thereat.
(2)
Upon being requested to move by any such person in
authority or by any police officer, a person shall immediately comply
with such request by leaving the premises or area thereof at the time
of the request.
(3)
No person shall sit, lie, or otherwise recline upon
or against any parked motor vehicle without the expressed consent
of the owner thereof, whether such vehicle is parked upon a public
street, alley, parking lot, driveway or private premises.
(4)
No person shall stand or loiter on any roadway other
than in a safety zone if such act interferes with the lawful movement
of traffic.
C.
Loitering or prowling prohibited.
(1)
No person shall loiter or prowl in a place, at a time
or in a manner not usual for law abiding individuals under circumstances
that warrant alarm for the safety of persons or property in the vicinity.
Among the circumstances which may be considered in determining whether
such alarm is warranted is the fact that the person takes flight upon
appearance of a police or peace officer, refuses to identify himself
or manifestly endeavors to conceal himself or any object. Unless flight
by the person or other circumstances make it impracticable, a police
or peace officer shall, prior to any arrest for an offense under this
subsection, afford the person an opportunity to dispel any alarm which
would otherwise be warranted by requesting him to identify himself
and explain his presence and conduct. No person shall be convicted
of an offense under this subsection if the police 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.
(2)
No person shall 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.
(3)
No person shall lodge in any building, structure or
place, whether public or private, without the permission of the owner
or person entitled to possession or in control thereof.
(4)
No person shall 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.
D.
Loitering by underage persons where alcohol beverages
are dispensed.[1]
(1)
Underage persons and intoxicants. No underage person
shall enter, remain or loiter in any public or private place where
any fermented malt beverage or other alcohol beverage is sold, dispensed,
given away or made available, unless accompanied by a parent, guardian
or spouse who has attained the legal drinking age.
(2)
Permitting loitering prohibited. No person of legal
drinking age shall permit any underage person to enter, remain or
loiter in any premises, public or private, where fermented malt beverages
or other alcohol beverages are served, sold, dispensed, given away
or made available, unless such underage person is accompanied by a
parent, guardian or spouse who has attained the legal drinking age.
F.
Soliciting.
(1)
No person shall loiter in or near any thoroughfare
or place open to the public in a manner and under circumstances manifesting
the purpose of inducing, enticing, soliciting or procuring another
to commit an act of prostitution. Among the circumstances which may
be considered in determining whether such purpose is manifested are
that such person is a known prostitute or panderer and that such person
repeatedly beckons to stop or attempts to stop or engages male or
female passersby in conversation or repeatedly stops or attempts to
stop motor vehicle operators by hailing, waving of arms or any other
bodily gesture. The violator's conduct must be such as to demonstrate
a specific intent to induce, entice, solicit or produce another to
commit an act of prostitution. No arrest shall be made for a violation
of this subsection unless the sworn police officer first affords such
persons an opportunity to explain such conduct, and no one shall be
convicted of violating this subsection if it appears at trial that
the explanation given was true and disclosed a lawful purpose.
(2)
KNOWN PROSTITUTE OR PANDERER
PUBLIC PLACE
As used in this Subsection F, the following terms have the meaning indicated:
A person who, within five years previous to the date of arrest
for violation of this subsection, had, within the knowledge of the
sworn police officer, been convicted in any municipal court or circuit
court in the State of Wisconsin of an offense involving prostitution.
An area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles, whether moving or not, and buildings open to the general
public, including those which serve food or drink or provide entertainment,
and the doorway and entrance to buildings or dwellings and the grounds
enclosing them.
A.
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. It shall be unlawful for any person
knowingly or wantonly to use or operate, or to cause to be used or
operated, any mechanical device, machine, apparatus or instrument
for intensification or amplification of the human voice or any sound
or noise in any public or private place in such manner that the peace
and good order of the neighborhood are disturbed or that persons owning,
using or occupying property in the neighborhood are disturbed or annoyed.
B.
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 Village for longer than three
seconds in any period of one minute or less, except as a danger warning;
the creation of any unreasonably loud or harsh sound by means of any
signaling device; 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 of 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 between the hours of 10:00 p.m. and 7:00 a.m. in a manner
as to be plainly audible at the properly 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 Village authorities.
(6)
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine or motorboat
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, other than between the hours of
7:00 a.m. and 10:00 p.m. on weekdays; provided, however, that the
Chief of Police 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 within the hours of 10:00 p.m. to 7:00
a.m.
(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 street. No person, while on public or private
grounds adjacent to any building, or while within any building in
which a school or any class thereof is in session, shall willfully
make or assist in the making of any noise or diversion which disturbs
or tends to disturb the peace or good order and operation of such
school session or class thereof.
(9)
Exceptions. The provisions of this section shall not
apply to:
(a)
Any vehicle of the Village while engaged in
necessary public business.
(b)
Excavations or repairs of streets or other public
construction by or on behalf of the Village, county, or state at night
when public welfare and convenience render it impossible to perform
such work during the day.
(c)
The reasonable use of amplifiers or loudspeakers
in the course of public addresses which are noncommercial in nature.
C.
Permits for amplifying devices.
(1)
Permit required. The use of loudspeakers or amplifying
devices on the streets or in the parks of the Village of Theresa is
prohibited unless the party desiring to use such loudspeaker or amplifying
device first obtains a permit from the Chief of Police.
(2)
Grounds or reasons for denial or allowance. The Chief
of Police shall have the authority to revoke such permit when he believes
such loudspeaker or amplifying device is becoming a nuisance because
of the volume, the method in which it is being used or the location
in which it is being operated.
(3)
Time restrictions. The Chief of Police shall not grant
a permit to use a loudspeaker or amplifying device before the hour
of 9:00 a.m. or after 10:00 p.m. No permit shall be granted to anyone
who, in the opinion of the Chief of Police, uses said loudspeaker
or amplifying device in such a manner or for such a purpose as to
constitute a nuisance.
A.
Disorderly conduct prohibited. No person within the
Village of Theresa shall:
(1)
In any public or private place engage in violent,
noisy, riotous, 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.
(3)
With intent to annoy another, make a telephone call,
whether or not conversation ensues.
(4)
Indecently expose his or her person.
(5)
Be in any business or private structure or private
vehicle or upon any private grounds without the consent of the owner.
B.
Defecating or urinating in public places. It shall
be unlawful for any person to defecate or urinate outside of designated
sanitary facilities, upon any sidewalk, street, alley, public parking
lot, park, playground, cemetery or other public area within the Village,
or upon any private property in open view of the public, or in the
halls, rooms without rest room facilities, stairways or elevators
of public or commercial buildings.[1]
A.
Unauthorized presence.
(1)
No student who is under suspension, expulsion, or
other disciplinary procedures excluding him from attending any school
located within the Village or any person not a student presently enrolled
or not an employee of such school or not a parent or guardian of a
student or not an otherwise authorized person shall be present within
any school building or upon any school grounds without having first
secured authorization to be there from the school administration or
other person in charge of the school building or school grounds, except
while in direct route to secure such authorization.
(2)
Any unauthorized person who shall come upon school property and refuse to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3)
"Authorized person" shall include:
(a)
Any person who is present at any school building
or school grounds for a purpose previously authorized by the school
or its designee.
(b)
Any person transporting a student and who utilizes
the driveway specified for loading and unloading personnel.
(c)
Any person utilizing a designated area for attending
an athletic or other organized school event.
B.
Disorderly conduct on public school property.
(1)
No person shall, on any school property or building,
engage in violent, abusive, loud or otherwise disorderly conduct which
causes or provokes an immediate disturbance of public order or disturbs
or annoys any other person, nor shall a person intentionally engage
in any fight, brawl, riot or noisy altercation other than a bona fide
athletic contest.
(2)
Nonstudents, students from schools other than the
school on the property or students from a school who are not in compliance
with the school system's published rules and regulations shall be
considered in violation of this section. The published rules and regulations
of the school system are incorporated as if fully set forth herein.
(3)
All entrances to the school buildings referred to in Subsection A shall be posted with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."
(4)
"Unauthorized presence" shall include any vehicle
that is found on school property which has not received permission
to be there. If the occupants or owners are not on school property
for some legitimate business or activity or are parked in an area
that regulates parking to certain authorized vehicles, they are in
violation. Such vehicle may be issued a Village summons that regulates
parking or may be towed away at the direction of the school principal
or person in charge of such school building. Law enforcement officers
may also have any vehicle towed away which, because of its location,
creates a hazard to life or property.
C.
Loitering near school prohibited. No person not in
official attendance or on official school business shall enter into,
congregate, loiter or cause a nuisance in any school building in the
Village of Theresa or upon any Lomira School District grounds or within
adjacent posted school zones on any day when such schools are in session.
D.
Possession of intoxicating liquor and fermented malt
beverages. No person shall possess intoxicating liquor or fermented
malt beverages while on any school property.
A.
Lawful orders. 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.
B.
Resisting or interfering with officer prohibited.
It shall be unlawful for any person to resist, obstruct or in any
way interfere with any police officer or member of the Police Department
or any person called to assist such officer; or to threaten, resist,
obstruct or interfere with such officer or person; or to advise or
encourage any other person to resist, obstruct or interfere with such
officer or person in the discharge of his duty; or in any way to interfere
with or hinder or prevent him from discharging his duty as such officer
or assistant or to offer or endeavor to do so; or to assist in any
manner any person in the custody of any law enforcement officer to
escape or to attempt to escape from such custody; or to try to persuade
any person to escape from the custody of such officer; or to rescue
or attempt to rescue any person so in custody; or to fail to obey
the order or direction of such officer while such officer is acting
in his official capacity in carrying out his duties.
C.
Obstructing a police officer. No one shall knowingly and intentionally
give false information to a law enforcement officer or knowingly give
false statements or fabricated or deceiving evidence with the intent
to mislead the officer in the performance of his or her duty, such
as investigating a crime, whether municipal or criminal, civil matter
or during a summon of civil service.
[Added 12-2-2019]
D.
Filing a false complaint. No one shall knowingly make any false allegation,
give any false information, request for service, criminal complaint,
or ordinance violation complaint to any law enforcement officer, County
Dispatch, any Village Board member, Village Clerk, or Deputy Village
Clerk with knowledge that the information is false or with the intent
to mislead and or portray something which is not true.
[Added 12-2-2019]
E.
Filing a false police report. No one shall verbally or in writing
give a false statement or untruthful information that:
[Added 12-2-2019]
F.
Penalty. Anyone who violates this section is subject to a fine of
no less than $200 and no greater than $1,000.
[Added 12-2-2019]
A.
Possession of controlled substances. It is unlawful
for any person to possess a controlled substance, other than a controlled
substance classified in Schedules I and II[1] which is a narcotic drug, unless the substance 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 this Code.
[1]
Editor's Note: See Ch. 961, Wis. Stats.
B.
Possession of marijuana.
(1)
No person shall possess 25 grams or less of marijuana,
as defined in § 961.01(14), Wis. Stats., unless it was obtained
directly from, or pursuant to a valid prescription or order of, a
practitioner while acting in the course of his or her professional
practice, or except as otherwise authorized by Ch. 961, Wis. Stats.
(2)
For purposes of this Subsection B, "practitioner" means:
(a)
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 the State of Wisconsin.
(b)
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 the State of Wisconsin.
A.
Definition. In this section, "drug paraphernalia"
shall be defined as provided in § 961.571, Wis. Stats.
[Amended 8-1-2005 by Ord.
No. 1-10]
B.
Determination of drug paraphernalia. In determining
whether an object is drug paraphernalia, the following shall be considered,
without limitation, or such other considerations a court may deem
relevant:
(1)
Statements by an owner or by anyone in control of
the object concerning its use.
(2)
Prior convictions, if any, of an owner or of anyone
in control of the object, under any Village, state or federal law
relating to any controlled substance.
(3)
The proximity of the object in time and space to a
direct violation of this section.
(4)
The proximity of the object to controlled substances.
(5)
The existence of any residue of controlled substance
on the object.
(6)
Direct or circumstantial evidence of the intent of
the owner, or of anyone in control of the object, to deliver it to
persons whom the person knows, or should reasonably know, intend to
use the object to facilitate a violation of this section. The innocence
of an owner, or of anyone in control of this object, as to a direct
violation of this section shall not prevent a finding that the object
is intended for use, or designed for use, as drug paraphernalia.
(7)
Oral or written instructions provided with the object
concerning its use.
(8)
Descriptive materials accompanying the object which
explain or depict its use.
(9)
National and local advertising concerning its use.
(10)
The manner in which the object is displayed
for sale.
(11)
Direct or circumstantial evidence of the ratio
of sales of the object to the total sale of the business enterprise.
(12)
The existence and scope of legitimate uses for
the object in the community.
(13)
Expert testimony concerning its use.
C.
Prohibited uses.
(1)
Possession of drug paraphernalia. No person may use,
or possess with the sole intent to use, drug paraphernalia to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale or otherwise introduce into the human
body a controlled substance in violation of this section.
(2)
Manufacture or delivery of drug paraphernalia. No
person may deliver, or possess with intent to deliver, drug paraphernalia,
knowing that it will be solely used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process, prepare,
test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale or otherwise introduce into the human body a controlled substance
in violation of this section.
D.
Exemption. This section does not apply to manufacturers,
practitioners, pharmacists, owners of pharmacies and other persons
whose conduct is in accordance with Ch. 961, Wis. Stats. This section
does not prohibit the possession, manufacture or use of hypodermics
in accordance with Ch. 961, Wis. Stats.
No individual shall cross a police or fire line
that has been so designated by banners, signs or other similar identification.
A.
General. No person, with intent to harass or intimidate
another person, shall do any of the following; each instance shall
be considered a separate violation:
B.
Harassing or obscene telephone calls. Whoever commits any of the following acts may be subject to the general penalty as provided in Chapter 1, § 1-5 of this Code:
(1)
Makes any comment, request, suggestion or proposal
which is obscene, lewd, lascivious or indecent.
(2)
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.
(3)
Makes or causes the telephone of another repeatedly
or continuously to ring, with intent to harass any person at the called
number or numbers.
(4)
Makes repeated telephone calls, during which conversation
ensures, solely to harass any person at the called number or numbers.
(5)
Knowingly permits any telephone under his control
to be used for any purpose prohibited by this section.
(6)
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.
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.
All forms of gambling, lotteries and fraudulent
devices and practices are prohibited within the Village, except as
provided by state law. Any police officer of the Village may seize
anything devised solely for gambling or found in actual use for gambling
within the Village and dispose thereof after a judicial determination
that such device was used solely for gambling or found in actual use
for gambling.[1]