[HISTORY: Adopted by the Town Board of the Town of Manitowish Waters as §§ 9.01, 9.03 to 9.13, 9.15, 9.16 and 9.20 of the 2001 Code. Amendments noted where applicable.]
The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Town, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, § 1-4 of this Code:
No person shall roller-skate or skateboard or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Town in such manner as to destroy or damage public property.
Section 167.10, Wis. Stats., regulating the sale and use of fireworks, exclusive of any penalty imposed thereby, is adopted by reference and made a part of this section as though set forth in full.
No person shall stand, sit, loaf, loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Town in such a manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place, except with the permission of the Town Board upon written application to the Board.
No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley, park or private residence.
All forms of gambling, lotteries and fraudulent devices and practices, except as permitted by state law, are prohibited within the Town. Any police officer of the Town shall seize anything devised solely for gambling or found in actual use for gambling within the Town and dispose thereof after a judicial determination that such device was used solely for gambling or found in actual use for gambling.
Loitering or prowling. No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances 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 subsection if the police or peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
Obstruction of highway by loitering. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.
Obstruction of traffic by loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossings or bridges, or in any other public places within the Town, in such manner as to prevent, interfere with or obstruct the ordinary free use of the public streets, sidewalks, street crossings and bridges or other public places by persons passing along and over the same.
Loitering after being requested to move. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks or adjacent doorways or entrances, street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant, after being requested to move by any police officer or by any person in authority at such places.
No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the Town or its departments, or to any private person without the consent of the owner or proper authority.
No person shall throw any glass, garbage, rubbish, waste, slop, dirty water or noxious liquid, or other litter or unwholesome substance, upon the streets, alleys, highways, public parks or other property of the Town or upon any private property not owned by him or upon the surface of any body of water within the Town.
No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fenced in such manner as to prevent injury to any person, and any cover shall be of a design, size and weight that the same cannot be removed by small children. Any violation of this section is a public nuisance and may be disposed of in accordance with Ch. 823, Wis. Stats.
No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure, under his control in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside without first removing such door or lid, snap lock or other locking device from such icebox, refrigerator or container unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.
Specified. No person 16 years of age or under shall loiter, idle or remain upon any street, alley or other public place in the Town between 11:00 p.m. and 5:00 a.m. the next day unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.
This section shall not apply to a child:
Who is performing an errand as directed by his parent, guardian or person having lawful custody.
Who is performing an errand of urgent necessity.
Who is on his own premises or in the areas immediately adjacent thereto.
Whose employment makes it necessary to be upon the streets, alleys or public places or in any motor vehicle during such hours.
Who is returning home from a supervised school, church or civic function or going to or from places of business or amusement or private homes.
These exceptions shall not, however, permit a child to unnecessarily loiter about the streets, alleys or public places or be in a parked motor vehicle on the public streets.
Parental violation. No parent, guardian or other person having legal custody of a person 16 years of age or under shall permit such child to loiter, idle or remain upon any street, alley or other public place in the Town between 11:00 p.m. and 5:00 a.m. the next day, unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.
Responsibility of operators of hotels, motels and rooming houses. No person operating a hotel, motel or lodging or rooming house within the Town, or any agent, servant or employee of such person, shall permit any person 16 years of age or under to visit, idle, wander or stroll in any portion of such hotel, motel, lodging or rooming house between 11:00 p.m. and 5:00 a.m. the next day unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child.
Loitering in school and playground areas. No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand or play in any school building or in or about any playground area adjacent thereto within the Town between 8:00 a.m. and 4:00 p.m. on official school days.
Detaining a child. A child believed to be violating the provisions of this section shall be taken to the County Sheriff's Department for proper identification. Any law enforcement officer on duty may detain any child violating Subsection A, C or D until such time as the parent, guardian or other adult person having legal custody of the child has been immediately notified and the person so notified has, as soon as reasonably possible thereafter, reported to the Sheriff's office for the purpose of taking the child into custody and has signed a release for him.
Warning. The first time a child is detained by law enforcement officers as provided in Subsection E, the parent, guardian or person having legal custody shall be advised as to the provisions of this section, and any violation of this section occurring thereafter by this child or any other child under such adult's care or custody shall result in a penalty being imposed as provided in Subsection G.
No person shall be on any highway or road within the Town limits for the purpose of soliciting rides from operators of motor vehicles.
Definitions. As used in this section, the following terms shall have the meaning indicated:
- Showing or exposing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.
- Any place of accommodation or amusement, which shall be interpreted broadly to include, but not be limited to, places of business or recreation, hotels, motels, resorts, restaurants, campgrounds, taverns and any place where accommodations, amusements, goods or services are available either free or for a consideration.
Nudity prohibited. There shall be no nudity in public.
Contact prohibited. There shall be no contact between a patron, owner, employee, customer or bystander with a paid or amateur dancer during or shortly after a dance or other performance where clothing is or has recently been removed, either by direct, physical contact or the placing of money or other thing of value in the remaining clothing or body part of the performer.
This section is not to be interpreted as restricting the proper use of a bathroom facility by a male or female in an enclosed area where the person is of the same sex designation for such room and is not engaged in any sexual or exhibitionist purpose to or in front of or adjacent to other persons.
This section is not to be interpreted to prevent activities in rooms privately rented in a hotel, motel, resort or camper if at a campground, if the person involved rented such private facility or owns it and has not invited or allowed members of the public, who are not immediate family members, to be at such location.
In addition to any penalty imposed for violation of § 280-8 of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 280-8 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.