[Amended 1-2-2002 by Ord. No. 2002-01]
A.
FIREARMS
Definition. For the purpose of this section, the following
definitions shall apply:
Includes all weapons used for the purpose of propelling bullets,
shot or other missiles, whether from cartridge, shell or other container,
by explosives or compressed air, and shall include, without limitation
because of specific enumeration, all forms of shotguns, rifles, revolvers
and other similar types of equipment whereby such bullets, shot or
missiles are propelled through the air by reason of discharge therefrom
by explosives, caps or compressed air.
B.
Discharge of firearms restricted.
(1)
No person, except a property owner or his or her designee
and when the property owner is present, shall discharge any firearm
as above defined within the Town of Cedarburg, except when he or she
has in his/her possession a copy of a written permit (upon forms provided
and available in the office of the Town Clerk), signed by the owner
of the land, permitting the discharge of firearms upon the premises
actually owned or occupied. This subsection does not apply and may
not be enforced if the person's conduct was justified, or had it been
subject to a criminal penalty, would have been subject to a defense
described in § 939.45, Wis. Stats.
[Amended 6-1-2005 by Ord. No. 2005-4; 11-7-2007 by Ord. No.
2007-15; 11-2-2011 by Ord. No. 2011-8]
(2)
The discharge of firearms shall be so controlled that
the bullet, shot or missile propelled therefrom does not enter or
pass over the premises of another or upon public highways or other
public grounds.
(3)
Firearms shall not be used in such manner as to be
in reckless disregard of the lives or property of persons upon the
public highways or public grounds of the Town or property of others.
(4)
The discharge of firearms shall not interfere with
the peace, quiet and enjoyment of their property by any neighboring
residents.
(5)
No person, except a Sheriff, Town Constable or law
enforcement officer, shall fire or discharge any firearm, rifle, or
spring or air gun of any description within the limits of any subdivision
within the Town of Cedarburg, or within 150 yards of any residence
dwelling, or have any firearm, rifle, or spring or air gun in his
possession or under his control unless it is unloaded and knocked
down or enclosed in a carrying case or other suitable container within
the above-described area.
C.
D.
Shooting ranges. This section shall not prevent the
maintenance and use of duly supervised rifle or pistol ranges or shooting
galleries approved by the Town Board, after an advisory recommendation
from the Town Constable and Town Administrator, where proper safety
precautions are taken.
E.
Any person who shall violate any of the above provisions
of this section shall, upon conviction thereof, be subject to a forfeiture
of not less than $200 for each offense together with the costs of
prosecution and, in default of payment of such forfeiture and costs
of prosecution, shall be imprisoned in the county jail until such
forfeiture and costs are paid, but not exceeding 90 days.
[Added 11-7-2007 by Ord. No. 2007-15]
[Amended 10-7-2015 by Ord. No. 2015-11]
A.
Except as otherwise expressly provided in this section or in § 237-2 of the Town Code, no person shall throw or shoot any object, arrow, bolt, stone, snowball or other missile or projectile by hand or by any other means at any other person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the limits of any subdivision or subdivided area within the Town of Cedarburg.
B.
Hunting. This section shall not prevent a person from hunting with
a bow and arrow or crossbow in the following circumstances:
(1)
If the person is hunting in accordance with the Wisconsin Department
of Natural Resources regulations and state statutes; and
(2)
The discharge is 100 yards or greater from a building, used for human
occupancy, unless the person who owns the land on which the building
is located allows the hunter to hunt within 100 yards of the building;
and
(3)
If the person is not hunting on land owned by, or leased to, the
Town; and
(4)
The discharge of the arrow or bolt from the respective weapon is
toward the ground.
Whoever commits any of the following acts shall be subject to the general penalty as provided in Chapter 1, § 1-3 of this Code:
A.
Obscene. Makes any comment, request, suggestion or
proposal which is obscene, lewd, lascivious or indecent.
B.
Intent. 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.
C.
Repeatedly ring. Makes or causes the telephone of
another repeatedly or continuously to ring, with intent to harass
any person at the called number or numbers.
D.
Repeated telephone calls. Makes repeated telephone
calls, during which conversation ensues, solely to harass any person
at the called number or numbers.
E.
Knowingly permit. Knowingly permits any telephone
under his control to be used for any purpose prohibited by this section.
F.
Concerted action. 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 sell, expose or offer for sale, use, keep, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Town unless he shall be authorized by a fireworks permit as provided in Chapter 158, Fireworks, of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all rockets or similar missiles containing explosive fuel.
A.
Obstructing streets. No person shall stand, sit, loaf
or loiter or engage in any sport or exercise on any public street,
bridge or public ground within the 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.
B.
Blocking sidewalk prohibited. No person shall block
any sidewalk by obstructing the same so that it is impossible for
a pedestrian to travel along the sidewalk without leaving the sidewalk
and walking on adjacent property or on the street.
C.
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.
D.
BLOCK
SIDEWALK
Definitions. As used in this section, the following
terms shall have the following meaning, unless the context clearly
indicates that a different meaning is intended:
To interfere with unobstructed travel by any means, including
but not limited to standing on the part of the walk that is fit for
travel, or placing any object or vehicle whatsoever on such walk.
Any sidewalk owned or maintained by the Town. The term shall
not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
No person shall loiter or prowl in a place,
at a time or in a manner not usual for law-abiding individuals under
circumstances that warrant alarm for the safety of persons or property
in the vicinity. Among the circumstances which may be considered in
determining whether such alarm is warranted is the fact that the person
takes flight upon appearance of a police or peace officer, refuses
to identify himself or manifestly endeavors to conceal himself or
any object. Unless flight by the person or other circumstances make
it impracticable, a police or peace officer shall, prior to any arrest
for an offense under this section, afford the person an opportunity
to dispel any alarm which would otherwise be warranted by requesting
him to identify himself and explain his presence and conduct. No person
shall be convicted of an offense under this section if the police
or peace offer 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.
A.
Disorderly conduct prohibited. No person within the
Town of Cedarburg 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.
B.
Defecating or urinating in public places. It shall
be unlawful for any person to defecate or urinate outside of designed
sanitary facilities, upon any sidewalk, street, alley, public parking
lot, park, playground, cemetery or other public area within the Town,
or upon any private property in open view of the public, or in the
halls, stairways or elevators of public or commercial buildings, or
to indecently expose his person.
A.
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.
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.
It shall be unlawful for any person to shovel, throw, deposit or store any debris, dirt or other refuse on any public street pavement, shoulder, ditch, right-of-way or public sidewalk, except that refuse for Town collection and disposal may be placed in accordance with Chapter 273, Solid Waste, § 273-6 of this Code.
A.
Removal from sidewalks. The owner, occupant or person
in charge of any parcel or lot which fronts upon or adjoins any sidewalk
shall keep said sidewalk clear of all snow and ice. In the event of
snow accumulating on said sidewalk due to natural means and/or by
any other means, said sidewalks shall be cleared of all accumulated
snow and/or ice within 24 hours from the time the snow ceases to accumulate
on said sidewalk. Sidewalks are to be kept clear of snow and ice to
a minimum of four feet in width. In the event that ice has formed
on any sidewalk in such a manner that it cannot be removed, the owner,
occupant or person in charge of the parcel or lot which fronts upon
or adjoins said sidewalk shall keep the sidewalk sprinkled with sand
and/or salt to permit safe travel by pedestrians.
B.
Notice and removal of snow from sidewalks. If the owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in Subsection A, the Director of Public Works or Town Constable shall take the following action:
(1)
Hazardous conditions. If the Director of Public Works
or Town Constable determines that the failure to remove the snow and
ice from the sidewalk creates an immediate danger to the public health
and/or safety, he shall cause the issuance of a written notice to
the owner, occupant or person in charge of any parcel or lot directing
that the snow and ice be removed within two hours from the delivery
of the notice. In the event the property owner, occupant or person
in charge of said parcel or lot is unavailable to receive a written
notice, the Director Public Works or Town Constable shall immediately
cause the removal of the snow and/or ice. The Director of Public Works
or Town Constable shall send a written notice to the last known address
of the property owner notifying him that a hazardous condition existed
which immediately required abatement.
(2)
Nonhazardous condition. If the owner, occupant or person in charge of the subject parcel or lot fails to remove the snow within the time period established in Subsection A, the Director of Public Works or Town Constable shall cause the issuance of a written notice to said owner, occupant or person in charge of the subject parcel or lot directing the responsible person (as defined) to remove said snow and ice no later than 12:00 noon of the day following the issuance of said notice. The written notice shall be hand delivered when possible or mailed to the last known address of the owner of the subject property as identified on the records in the Town Clerk's office.
(3)
Snow and ice not to encroach. No person shall push,
blow, shove or in any way deposit any snow or ice onto any public
street, alley, sidewalk or public lands dedicated to public use.
C.
Enforcement. The Director of Public Works, his/her
designees and all Town Constables are hereby authorized and directed
to enforce the provisions of this section.
D.
Continued violations. Each twenty-four-hour period
where a violation occurs shall constitute a separate offense under
this section for enforcement purposes. Repeated violations or subsequent
additional accumulations of snow and/or ice shall not nullify any
pending notice issued under this section.
E.
Abatement after notice. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Subsection B(1) and (2) after receiving a written notice shall result in the Director of Public Works causing the removal of said snow and/or ice.
F.
Expense. An account of the expenses incurred by the
Town to abate the snow and/or ice hazard shall be kept and such expenses
shall be charged to and paid by the parcel or lot owner. Notice of
the bill for the removal of snow and/or ice shall be mailed to the
last known address of the owner of the parcel or lot and shall be
payable within 10 calendar days from the receipt thereof. Within 60
days after such costs and expenses are incurred and remain unpaid,
the Town Clerk shall enter those charges onto the tax roll as a special
tax as provided by § 66.0907(5), Wis. Stats.
