[HISTORY: Adopted by the Common Council of
the City of Hudson by Ord. No. 1-81 as Ch. 10, Secs. 10.04 through 10.11, 10.13, 10.15, 10.19
through 10.22 and 10.40 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 99.
Controlled substances and drug paraphernalia — See Ch. 118.
Fireworks — See Ch. 132.
Intoxicating liquor and fermented malt beverages — See Ch. 145.
Large assemblies — See Ch. 150.
Littering — See Ch. 154.
Loitering — See Ch. 157.
Minors — See Ch. 165.
Nuisances — See Ch. 175.
Sexually oriented businesses — See Ch. 200.
Tobacco products — See Ch. 225.
Vehicles and traffic — See Ch. 235.
Weapons — See Ch. 246.
No person shall leave outside any building or
dwelling in a place accessible to children any abandoned, unattended
or discarded ice box, refrigerator or any other container of any kind
which has an airtight snap lock or other device thereon without first
removing the snap lock or doors from such ice box, refrigerator or
container.
A.
No person shall within the city:
(1)
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; or
(2)
With intent to annoy another make a telephone call,
whether or not conversation ensues.
B.
Disorderly conduct with a motor vehicle. No person shall, within the City of Hudson, on public or private property, by or through the use of a motor vehicle, motorcycle, snowmobile or minibike, under circumstances which tend to cause or provoke a disturbance or annoy one or more persons, engage in violent, abusive, unreasonably loud or otherwise disorderly conduct, including but not limited to unnecessary or deliberate or intentional spinning of wheels, squealing of tires, revving of the engine, blowing the horn(s) or causing the engine to backfire, or cause the vehicle, while commencing to move or in motion, to raise one or more of its wheels off the ground. Such conduct is hereby declared to be both unlawful and a nuisance, and the penalty for violation of this section shall be a penalty as provided in Chapter 1, § 1-18 of this Code.
[Added by Ord. No. 23-96]
[Added by Ord. No. 13-84]
No person shall operate any snowmobile, off-street
recreational vehicle or other motor vehicle on private land, except
with the express or implied permission of the landowner.
No person shall make or cause to be made any
loud or 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.
No person shall, without reasonable excuse or
justification, resist or interfere with any officer of the city or
refuse to obey any lawful order given by such officer while such officer
is doing any act in his official capacity and with lawful authority.
A.
All forms of gambling, lotteries and fraudulent devices
and practices are prohibited within the city. Any peace officer or
policeman of the city shall seize anything devised solely for gambling
or found in actual use for gambling within the city and dispose thereof
after a judicial determination that such device was used solely for
gambling or found in actual use for gambling.
B.
This section shall not apply to gambling activities
authorized and permitted by Wisconsin statutes and by the Indian Gaming
Act of 1988.
[Amended by Ord. No. 13-94]
No person shall keep a disorderly house or house
of prostitution within the city.
A.
No person shall use any indecent, vile, profane or
obscene language or conduct himself in any indecent, lewd, lascivious
or obscene manner within the city. It shall be a violation of this
subsection for any person to sell, give away or distribute within
the city any obscene show or exhibition.
B.
No person shall urinate in a public place, other than
a public rest room designated for such purpose.
No person shall willfully injure or intentionally
deface, destroy or unlawfully remove, take or meddle with any property
belonging to the city or its departments or to any private person
without the consent of the owner or proper authority.
A.
Any person who intentionally alters indicia of price or value of merchandise or who takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant without his consent and with intent to deprive the merchant permanently of possession or the full purchase price of such merchandise may be penalized as provided in Chapter 1, § 1-18, subject to the provisions of Subsection D.
B.
The intentional concealment of unpurchased merchandise
which continues from one floor to another or beyond the last station
for receiving payments in a merchant's store is evidence of intent
to deprive the merchant permanently of possession of such merchandise
without paying the purchase price thereof. The discovery of unpurchased
merchandise concealed upon the person or among the belongings of another
is evidence of intentional concealment on the part of the person so
concealing such goods.
C.
A merchant or merchant's adult employee who has probable
cause for believing that a person has violated this section in his
presence may detain such person in a reasonable manner for a reasonable
length of time to deliver him to a peace officer or to his parent
or guardian in the case of a minor. The detained person must be promptly
informed of the purpose for the detention and be permitted to make
phone calls, but he shall not be interrogated or searched against
his will before the arrival of a peace officer who may conduct a lawful
interrogation of the accused person. Compliance with this section
entitles the merchant or his employee effecting the detention to the
same defense in any action as is available to a peace officer making
an arrest in the line of duty.
D.
This section shall only apply if the value of the
merchandise does not exceed $500. If the value of the merchandise
exceeds $500, prosecution shall be as a criminal offense under the
Wisconsin statutes.
A.
Any person who issues any check or other order for the payment of money less than $500 which, at the time of issuance, he or she intends shall not be paid may be penalized as provided in Chapter 1, § 1-18 of this Code, and, in addition thereto, restitution may be ordered by the court under the authority of W.S.A. s. 943.24(5)(b).
[Amended by Ord. No. 3-94]
B.
Any of the following is prima facie evidence that
the person, at the time he issued the check or other order for the
payment of money, intended it should not be paid:
(1)
Proof that, at the time of issuance, he did not have
an account with the drawee.
(2)
Proof that, at the time of issuance, he did not have
sufficient funds or credit with the drawee and that he failed within
five days after receiving notice of nonpayment or dishonor to pay
the check or other order.
(3)
Proof that, when presentment was made within a reasonable
time, the issuer did not have sufficient funds or credit with the
drawee and he failed within five days after receiving notice of nonpayment
or dishonor to pay the check or other order.
C.
This section does not apply to a postdated check or
to a check given for a past consideration, except a payroll check.
A.
(1)
Having obtained any food, lodging or other service
or accommodation at any hotel, motel, boardinghouse or lodging house
or restaurant, intentionally absconds without paying for it.
(2)
While a guest at any hotel, motel, boardinghouse or
lodging house or restaurant, intentionally defrauds the keeper thereof
in any transaction arising out of such relationship as guest.
B.
Under this section, prima facie evidence of an intent
to defraud is shown by:
(1)
The refusal of payment upon presentation when due
and the return unpaid of any bank check or order for the payment of
money given by any guest to any hotel, motel, boardinghouse or lodging
house or restaurant in payment of any obligation arising out of such
relationship as guest. Such facts shall also be deemed prima facie
evidence of an intent to abscond without payment.
(2)
The failure or refusal of any guest at a hotel, motel,
boardinghouse or lodging house or restaurant to pay, upon written
demand, the established charge for food, lodging or other service
or accommodation actually rendered.
(3)
The giving of false information on a lodging registration
form or the presenting of false or fictitious credentials for the
purpose of obtaining lodging or credit.
(4)
The drawing, endorsing, issuing or delivering to any
hotel, motel, boardinghouse or lodging house or restaurant of any
check, draft or order for payment of money upon any bank or other
depository in payment of established charges for food, lodging or
other service or accommodation, knowing at the time that there is
not sufficient credit with the drawee bank or other depository for
payment in full of the instrument drawn.
A.
Acts. Any person who violates any of the following provisions may be penalized as provided in § 187-17, subject to the provisions of Subsection C:
(1)
Intentionally takes and carries away, uses, transfers,
conceals or retains possession of movable property of another without
his consent and with intent to deprive the owner permanently of possession
of such property.
(2)
By virtue of his office, business or employment or
as trustee or bailee, having possession or custody of money or of
a negotiable security, instrument, paper or other negotiable writing
of another, intentionally uses, transfers, conceals or retains possession
of such money, security, instrument, paper or writing without the
owner's consent, contrary to his authority and with intent to convert
to his own use or to the use of any other person except the owner.
A refusal to deliver any money or a negotiable security, instrument,
paper or other negotiable writing which is in his possession or custody
by virtue of his office, business or employment or as trustee or bailee
upon demand of the person entitled to receive it or as required by
law is prima facie evidence of an intent to convert to his own use
within the meaning of this subsection.
(3)
Having a legal interest in movable property, intentionally
and without consent, takes such property out of the possession of
a pledgee or other person having a superior right of possession, with
intent thereby to deprive the pledgee or other person permanently
of the possession of such property.
(4)
Obtains title to property of another by intentionally
deceiving him with a false representation which is known to be false,
made with intent to defraud and which does defraud the person to whom
it is made. "False representation" includes a promise made with intent
not to perform it if it is a part of a false and fraudulent scheme.
(5)
Intentionally fails to return any personal property
which is in his possession or under his control by virtue of a written
lease or written rental agreement within 10 days after the lease or
rental agreement has expired.
B.
MOVABLE PROPERTY
PROPERTY
PROPERTY OF ANOTHER
VALUE
Definitions. In this section the following terms shall
have the following meanings:
Property whose physical location can be changed, without
limitation including electricity and gas, documents which represent
or embody intangible rights and things growing on, affixed to or found
in land.
All forms of tangible property, whether real or personal,
without limitation including electricity, gas and documents which
represent or embody a chose in action or other intangible rights.
Includes property in which the actor is a co-owner and property
of a partnership of which the actor is a member, unless the actor
and the victim are husband and wife.
The market value at the time of the theft or the cost to
the victim of replacing the property within a reasonable time after
the theft, whichever is less, but if the property stolen is a document
evidencing a chose in action or other intangible right, "value" means
either the market value of the chose in action or other right or the
intrinsic value of the document, whichever is greater. If the thief
gave consideration for, or had a legal interest in, the stolen property,
the amount of such consideration or value of such interest shall be
deducted from the total value of the property.
C.
Application. This section shall apply only if the
value of the property does not exceed $500. If the value of the property
exceeds $500, prosecution shall be as a criminal offense under the
Wisconsin statutes.
[Added by Ord. No. 7-95]
A.
Trespass to land. No person shall enter or remain
on any land of another after having been notified by the owner or
occupant not to enter or remain on the premises. A person has received
notice from the owner or occupant within the meaning of this section
if he or she has been notified personally, either orally or in writing,
or if the land is posted. For purposes of this section, "posted" shall
have the meaning as set forth in W.S.A. s. 943.13(2).
B.
Trespass to dwellings. No person shall intentionally
enter the dwelling of another without the consent of some person lawfully
upon the premises under circumstances tending to create or provoke
a breach of the peace.
C.
Trespass to school or medical facility. No person
shall intentionally enter a public or private school or a medical
facility without the consent of some person lawfully upon the premises
under circumstances tending to create or provoke a breach of the peace.
D.
Trespass on a construction site, locked building,
dwelling or room. No person shall enter the locked or posted construction
site or the locked and enclosed building, dwelling or room of another
without the consent of the owner or person in lawful possession of
the premises. For purposes of this section, "posted" shall have the
meaning as in W.S.A. s. 943.15(2)(c).
E.
Trespass to vehicle. No person shall intentionally
enter into any locked or unlocked vehicle without the consent of the
owner or person in lawful possession of such vehicle.
[Added by Ord. No. 14-97]
F.
Trespass to roadway embankments. No person shall scale,
rappel or climb any roadway rock embankment or wall which has been
posted with a sign prohibiting such activity.
[Added by Ord. No. 10-98]
[Added by Ord. No. 24-96]
A.
No person shall, within the City of Hudson, with intent
to harass or intimate another person, do any of the following:
B.
For purposes of this section, "course of conduct"
means a pattern of conduct composed of a series of acts over a period
of time, however short, evidencing a continuity of purpose.
C.
This section does not prohibit any person from participating
in lawful conduct in labor disputes under W.S.A. s. 103.53.
[Added by Ord. No. 12-97]
A.
It shall be unlawful for any person to jump or dive
from any bridge, pier, dike or sea wall within the city. Signs shall
be posted prohibiting jumping or diving from piers, bridges, dikes
or sea walls in the city. The Common Council may, by ordinance, designate
exceptions where diving or jumping will be permitted.
B.
In addition to any penalty imposed for violation of this chapter, any person who shall cause physical damage to or destroy any public property 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 § 187-9 of this chapter may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with W.S.A. s. 895.035.
[Added 9-25-2000 by Ord. No. 17-00]
A.
Intent.
(1)
It is the intent of this section to protect and preserve
the health, safety and welfare of the citizens of Hudson by prohibiting
a person from intentionally or recklessly appearing or being nude
or causing another person to appear or be nude in a public place and
in other places which may reasonably be expected to be observed by
the public within the City of Hudson except:
(a)
When such person appears nude in a place provided
or set apart for nudity, provided that:
[1]
Such person is nude for the sole purpose of
performing the legal function(s) that is customarily intended to be
performed within such place provided or set apart for nudity; and
[2]
Such person is not nude for the purpose of obtaining
money or other financial gain for such person or for another person
or entity; or
(2)
It is the Council's further intention to accomplish those intents and purposes expressed by the Council in the "Whereas" provisions of this section, each of which are incorporated by reference into this § 187-18A.[2]
[2]
Editor's Note: Said "Whereas" provisions are
available for inspection in the city offices.
B.
ENTITY
NUDE OR NUDITY
PERSON
PLACES PROVIDED OR SET APART FOR NUDITY
PUBLIC PLACE
REGULAR BASIS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any proprietorship, partnership, corporation, association,
business trust, joint venture, joint-stock company or other for-profit
and/or not-for-profit organization.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering; the showing of
the female breast with less than a fully opaque covering of any part
of the nipple and areola; the exposure of any device, costume or covering
which gives the appearance of or simulates the genitals, pubic hair,
anal cleft, perineum anal region or pubic hair region; the exposure
of any device worn as a cover over the nipples and/or areola of the
female breast, which device simulates and gives the realistic appearance
of nipples and/or areola; or the showing of human male genitals in
a discernible turgid state, even if opaquely covered. Nudity shall
not include exposing a female breast for the purpose of breastfeeding
an infant under two years of age.
Any live human being aged 10 years of age or older.
Enclosed single-sex public restrooms, enclosed single sex
functional shower, locker and/or dressing room facilities, enclosed
motel rooms and hotel rooms designed and intended for sleeping accommodations,
doctors' offices, portions of hospitals and similar places in which
nudity or exposure is necessarily and customarily expected outside
of the home and the sphere of privacy constitutionally protected therein.
This term shall not be deemed to include places where a person's conduct
of being nude is used for his or her profit or where being nude is
used for the promotion of business or is otherwise commercially exploited.
Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places
include, but are not limited to, streets, sidewalks, parks, beaches,
business and commercial establishments (whether for-profit or not-for-profit
and whether open to the public at large or where entrance is limited
by a cover charge or membership requirement), bottle clubs, hotels,
motels, restaurants, nightclubs, country clubs, cabarets and meeting
facilities utilized by any religious, social, fraternal or similar
organization. Premises, or portions thereof such as hotel rooms, used
solely as a private residence, whether permanent or temporary in nature,
shall not be deemed to be a public place.
Recurring on a basis which is frequently, customarily or
typically as part of the ongoing scheduled activities of the establishment.
C.
Legislative findings. Based on evidence concerning
the adverse secondary effects on the community of live nudity in public
places in reports made available to the City Council, and on findings
incorporated in the cases of Erie v. Pap's, No. 98-1161 (U.S. Supreme
Ct., March 29, 2000); City of Renton v. Playtime Theatres, Inc., 475
U.S. 41 (1986); Young v. American Mini Theatres, 426 U.S. 50 (1976);
Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Arcara v. Cloud
Books, Inc., 478 U.S. 697 (1986); California v. LaRue, 409 U.S. 109
(1972); Iacobucci v. City of Newport, Ky. 479 U.S. 92 (1986); United
States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga,
107 F.2d 403 (6th Cir. 1997); Key, Inc. v. Kitsap County, 793 F.2d
1053 (9th Cir. 1986); Hang On, Inc. v. City of Arlington, 65 F.3d
1248 (5th Cir. 1995); and South Florida Free Beaches, Inc. v. City
of Miami, 734 F.2d 608 (11th Cir. 1984), as well as studies conducted
in other cities, including, but not limited to, Phoenix, Arizona;
Minneapolis, Minnesota, Houston, Texas; Indianapolis, Indiana; Amarillo,
Texas; Garden Grove, California; Los Angeles, California; Whittier,
California; Austin, Texas; Seattle, Washington; Oklahoma City, Oklahoma;
Cleveland, Ohio; and Beaumont, Texas; and findings reported in the
Final Report of the Attorney General's Commission on Pornography (1986),
The Report of the Attorney General's Working Group On the Regulation
Of Sexually Oriented Businesses (June 6, 1989, State of Minnesota),
and statistics obtained from the United States Department of Health
and Human Services, Centers for Disease Control and Prevention, the
City Council finds that:
(1)
Crime statistics show that all types of crimes, especially
sex-related crimes, occur with more frequency in neighborhoods where
live nudity in public places occurs.
(2)
Studies of the relationship between live nudity in
public places and neighborhood property values have found a negative
impact on both residential and commercial property values.
(3)
Live nudity in public places may contribute to an
increased public health risk through the spread of sexually transmitted
diseases.
D.
Nudity prohibited in public places. It shall be unlawful for any person to knowingly, intentionally or recklessly appear or cause another person to appear nude in a public place or in any other place which is readily visible to the public, except as provided in Subsection E.
E.
Exemptions. The provisions of this section do not
apply to the following establishments: theaters, performing arts centers,
civic centers, and dinner theaters where live dance, ballet, music
and dramatic performances of serious artistic, social and political
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, persons engaging
in live public Nudity. While expressive live nudity may occur within
these establishments, this section seeks only to minimize and prevent
the secondary effects associated with public live nudity. Negative
secondary effects have not been associated with these establishments.
F.
Violations and penalties.
(1)
Violation of this section is declared to be a public
nuisance per se, which may be abated by the City Attorney by way of
civil abatement procedures.
(2)
Any person, partnership or corporation who violates
any of the provisions of this section shall be subject to a forfeiture
of not less than $250, and not more than $500, per violation. A separate
offense and violation shall be deemed committed on each day on which
a violation occurs or continues. In addition, violation of this section
constitutes sufficient grounds for suspending, revoking or nonrenewing
an alcohol beverage license under W.S.A. s. 125.12, Stats.
(3)
The city is entitled to any and all remedies provided
by law.
[Added 6-15-2009 by Ord. No. 6-09]
A.
Purpose.
This section is a regulatory measure aimed at protecting the health
and safety of children in Hudson from the risk that convicted sex
offenders may reoffend in locations close to their residences or places
where children congregate. The Common Council finds and declares that
sex offenders are a serious threat to public safety of children. The
Council further finds that when convicted sex offenders reenter society
there is legitimate concern about the risk of re-offense, and reducing
opportunity and temptation is important to minimizing the risk of
re-offense. Therefore, in addition to protections afforded by state
law, the Common Council finds there is a need to protect children
in Hudson in places where they congregate or play in public, near
schools, day-care centers and other places children frequent.
B.
CRIME AGAINST CHILDREN
PERSON
RESIDENCE (RESIDE)
SEXUALLY VIOLENT OFFENSE
YOUTH CENTER
Definitions. As used in this section and unless the context otherwise
requires:
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 a minor and not the offender's
child;
| |
|
§ 940.31
|
Kidnapping: victim was a minor and not the offender's child;
| |
|
§ 944.01
|
Rape (prior statute);
| |
|
§ 944.06
|
Incest;
| |
|
§ 944.10
|
Sexual intercourse with a child (prior statute);[1]
| |
|
§ 944.11
|
Indecent behavior with a child (prior statute);[2]
| |
|
§ 944.12
|
Enticing child for immoral purposes (prior statute);[3]
| |
|
§ 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;
and
| |
|
§ 975.06
|
Sex crimes law commitment.
|
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, or
has been required by any court to register under W.S.A. § 301.45
for any offense against a child.
The place where a person sleeps, which may include more than
one location, and may be mobile or transitory.
Shall have the meaning as set forth in W.S.A. § 980.01(6),
as amended from time to time.
Shall include churches and synagogues, YMCA, Hudson Sports
and Civic Center, Phipps Center for the Arts, SOS Players rehearsal
hall (900 Fourth Street), Special Children Center (2705 Enloe Street),
Hudson Dance Academy, Helmer Dance Studio, USA Karate, School of Gymnastics
and Tae Qwon Do.
[1]
Editor's Note: Repealed by L. 1975, c. 184, § 8,
effective 3-27-1976. See now § 948.02, Wis. Stats.
[2]
Editor's Note: Repealed by L. 1975, c. 184, § 8,
effective 3-27-1976. See now § 948.02, Wis. Stats.
[3]
Editor's Note: Repealed by 1987 Act 332, § 42,
effective 7-1-1989. See now § 948.07, Wis. Stats.
C.
Residence restrictions.
(1)
A person shall not reside within 200 feet of the real property comprising
any of the following:
(a)
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 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 above; and/or
(2)
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).
If the 200 feet line falls within a lot or parcel, the entire lot
or parcel shall be within the residence restricted zone. A map depicting
the above-enumerated uses and the resulting residency restriction
distances, as amended from time to time, is on file in the Office
of the City Clerk for public inspection. The map is provided for informational
purposes only. If this section and the map conflict, the section controls.
D.
Residence restriction exceptions. A person residing within 200 feet of the real property comprising any of the uses enumerated in § 187-19C above does not commit a violation of this section if any of the following apply:
(1)
The person is required to serve a sentence at a jail, prison, juvenile
facility, or other correctional institution or facility.
(2)
The person has established a residence prior to the effective date of this section which is within 200 feet of any of the uses enumerated in § 187-19C above, or such enumerated use is newly established after such effective date and it is located within such 200 feet of a residence of a person which was established prior to the effective date of this section.
[Amended 8-17-2009 by Ord. No. 10-09]
(3)
The person is a minor, under the age of 18, who is living with his/her
parents or guardian, or a person who is not more than 20 years of
age, is living with his/her parents or guardian, and is currently
enrolled in high school.
[Amended 8-17-2009 by Ord. No. 10-09]
(4)
The person is required to appear in Hudson Municipal Court or in
St. Croix County Circuit Court.
E.
Original domicile restriction. In addition to and notwithstanding the foregoing, but subject to § 187-19D above, no person and no individual who has been labeled a "special bulletin notification (SBN)" and is still on parole, extended supervision or monitoring shall be permitted to reside in the City of Hudson, unless such person was domiciled in the City of Hudson at the time of the offense.
F.
Sex offender restricted zones.
(1)
It shall be unlawful for any person to do any of the following:
(a)
Enter or be physically present within the boundaries of any school, park, day-care facility, or other use defined in § 187-19C.
(b)
Loiter within 150 feet of the boundary of any such school, park, day-care facility or other use defined in § 187-19C. "Loiter" shall include, but not be limited to, lingering in an apparent aimless way, spending time idly, walking or moving slowly and indolently with frequent stops and pauses, or not moving at all, 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 children 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 law enforcement officer, refuses to identify himself or herself or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impractical, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would explain his or her presence and conduct at the locations identified above. No person shall be convicted of an offense under this section if the law enforcement 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 law enforcement officer at the time, would have dispelled the alarm.
(2)
A map depicting the locations of the real property supporting the
above-enumerated uses, and the resulting sex offender restricted zone,
as amended from time to time, is on file in the Office of the City
Clerk for public inspection. The map is provided for informational
purposes only. If this section and the map conflict, the section controls.
G.
Sex offender restricted zone exceptions. A person does not commit a violation of § 187-19F above and the enumerated uses may allow such person on the property supporting such use if any of the following apply:
(1)
The property supporting an enumerated use under § 187-19C also supports a church, synagogue, mosque, temple or other house of religious worship (collectively "church"), subject to the following conditions:
(a)
Entrance and presence upon the property occurs only during hours
of worship or other religious program/service as posted to the public;
and
(b)
Written advance notice is made from the person to an individual
in charge of the church, and written 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
(c)
The person shall not participate in any religious education
programs which include individuals under the age of 18. The written
approval shall state the dates for which it is in effect.
(2)
The property supporting an enumerated use under § 187-19C 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:
(a)
Entrance and presence upon the property occurs only during hours
of activity related to the use as posted to the public; and
(b)
Written advance notice is made from the person to an individual
in charge of the use upon the property, and written 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. The written approval shall state the dates
for which it is in effect.
(3)
The property supporting an enumerated use under § 187-19C also supports a polling location in a local, state or federal election, subject to the following conditions:
(a)
The person is eligible to vote; the designated polling place
for the person is an enumerated use; and
(b)
The person enters the polling place property, proceeds to cast
a ballot with whatever usual and customary assistance is provided
to any member of the electorate, and the person vacates the property
immediately after voting.
(4)
The property supporting an enumerated use under § 187-19C also supports an elementary or secondary school lawfully attended by a person as a student, under which circumstances the person who is a student may enter upon that property supporting the school at which the person is enrolled, as is reasonably required for the educational purposes of the school.
(5)
With respect to other private properties/entities/organizations that
support an enumerated use:
(a)
Written advance notice and application is made from the person
to an individual in charge of the use upon the property, and written
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. The written approval shall
state the dates for which it is in effect.
(b)
The person's entrance and presence upon the property occurs
only as provided in the written approval.
H.
Appeals process. Appeals for exceptions outside those enumerated
above are to be referred to the Chief of Police to be processed as
follows:
(1)
The chief of police is authorized to grant temporary exceptions to the sex offender restricted zone restrictions established in Subsection F to allow a person to be within a sex offender restricted zone temporarily for events such as a family reunion in a park, special event at or within a restricted zone involving person's child or spouse, or other similar type situations.
(2)
For all other applications for exceptions, the Chief of Police shall
call a special meeting of a committee to review the application. The
Committee shall be made up of:
(3)
Standards for granting exceptions. To grant an exception, the Committee
must find that:
(a)
There are circumstances unique to the person that would not
be common among other persons subject to this section, and that application
of the section to the person would cause an extreme hardship to that
person because of these unique circumstances.
(b)
Granting the exception will not be detrimental to the public
health, safety or welfare of the community or to the neighborhood
for which the exception is sought.
(c)
Granting the exception will not violate the spirit and the general
and specific purposes of this section.
(d)
To be approved, an exception must receive an affirmative vote
of four of the Committee members.
(4)
All exceptions granted are to be documented. The document to be maintained
by the Police Department.
(5)
A copy of all exceptions granted will be available from the City
of Hudson police.
I.
Violations.
(1)
Residence restriction violations. If a person violates § 187-19C, above, by establishing a residence or occupying residential premises within 200 feet of those premises as described therein, without any exception(s) as also set forth above, the City Attorney, upon referral from the Chief of Police and the written determination by the Chief of Police that, upon all of the facts and circumstances and the purpose of this section, such residence occupancy presents an activity or use of property that interferes substantially with the comfortable enjoyment of life, health, safety of another or others, shall bring an action in the name of the City in the Circuit Court for St. Croix County to permanently enjoin such residency as a violation of this section and as a public nuisance. In addition to the aforesaid injunctive relief, such person shall be subject to the general penalty provisions set forth under § 1-18 of the Municipal Code with the following minimum penalties:
(a)
A forfeiture of at least $250 plus any applicable court costs
for a first violation.
(b)
A forfeiture of at least $500 plus any applicable court costs
for a second or subsequent violation.
(c)
Each day a violation continues shall constitute a separate offense.
In addition, the City may undertake all other legal and equitable
remedies to prevent or remove a violation of this section.
[Added 12-4-2017 by Ord. No. 19-17]
A.
As provided in Wis. Stat. 942.10, which is hereby adopted by reference,
no person shall use a "drone," as defined in W.S.A. § 175.55(1)(a),
with the intent to photograph, record, or otherwise observe another
individual in a place or location where the individual has a reasonable
expectation of privacy. This section does not apply to a law enforcement
officer authorized to use a drone pursuant to W.S.A. § 175.55(2).
B.
DRONE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
As provided in W.S.A. § 175.55(1)(a), a powered,
aerial vehicle that carries or is equipped with a device that in analog,
digital, or other form, gathers, records, or transmits a sound or
image, that does not carry a human operator, uses aerodynamic forces
to provide vehicle lift, and can fly autonomously or be piloted remotely.
A drone may be expendable or recoverable.
