Village of Mazomanie, WI Offenses Against Public Safety and Peace

No person shall, within the Village, wear or in any manner carry under his/her clothes or conceal upon or about his/her 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.

"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. Electronic weapons, such as stun guns, are included within this definition.

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, including establishments with intoxicating liquor or fermented malt beverage licenses, except a bona fide weapons repair, display or sales establishment. "Dangerous weapon" includes any rifle, shotgun, handgun, spring gun, air gun or bow and arrow device. This subsection shall not apply to law enforcement officers or others duly authorized by law acting within the scope of their duties. "Law enforcement officer" means any person employed by the state or any political subdivision of the state for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he is employed to enforce. 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.

[Amended 12-8-2006 by Ord. No. 2006-2]

Specific concealed weapons prohibited. No person, except a sheriff, constable, police officer or other law enforcement officer acting within the scope of his duties, shall carry or wear concealed about his person any pistol, revolver, uncased firearm, slingshot, cross knuckle of lead, brass or other metal, bowie knife, switchblade, dirk, dagger, meat cleaver or any other dangerous or deadly weapon within the Village.

Possession, sale and manufacture of certain weapons prohibited.

No person shall sell, manufacture, purchase, possess, or carry a numchuk (also called a "nunchaku") or a churkin or a sucbai or similar weapon within the Village.

For the purpose of this Subsection D the following definitions shall apply:

CHURKIN

A round throwing knife consisting of several sharp points protruding from a rounded disc.

NUMCHUK or NUNCHAKU

An instrument consisting of two or more sticks, clubs or rods connected by a rope, cord, wire or chain.

SUCBAI

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.

Any such device shall be seized by a law enforcement officer and destroyed or turned over to the State of Wisconsin Crime Laboratory for destruction.

§ 306-4 Use and transportation of firearms and bows.

Definitions. In this section the following definitions shall apply:

AIRCRAFT

The meaning given under § 114.002(3), Wis. Stats.

ENCASED

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.

FIREARM

A weapon that acts by force of gunpowder.

HIGHWAY

The meaning given under § 340.01(22), Wis. Stats.

MOTORBOAT

The meaning given under § 30.50(6), Wis. Stats.

ROADWAY

The meaning given under § 340.01(54), Wis. Stats.

UNLOADED

Any of the following:

Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.

In the case of a cap lock muzzle-loading firearm, having the cap removed.

In the case of a flintlock muzzle-loading firearm, having the flashpan cleaned of powder.

VEHICLE

The meaning given under § 340.01(74), Wis. Stats., and includes a snowmobile as defined under § 340.01(58a), Wis. Stats.

Prohibitions; motorboats and vehicles; highways and roadways.

Except as provided in Subsection C, no person may 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.

Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.

Except as provided in Subsection C(1) and (5), no person may discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet of the center of a roadway.

A person who violates Subsection B(1) through (4) above is subject to a penalty as provided in Chapter 1, § 1-3 of this Code.

[Amended 12-8-2006 by Ord. No. 2006-2]

Exceptions.

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 peace officer, as defined under § 939.22(22), Wis. Stats.

A member of the U.S. Armed Forces.

(c)

A member of the National Guard.

Subsection B(1), (2) and (3) do not apply to the holder of a scientific collector permit under § 29.614, Wis. Stats., who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.

Subsection B(2) and (3) do not apply to the holder of a permit under § 29.193(2)(c), Wis. Stats., who is hunting from a standing automobile in accordance with that subsection.

Subsection B(2) does not prohibit a person from leaning an unloaded firearm against a vehicle.

Subsection B(4) does not apply to a person who is legally hunting small game with a muzzle-loading firearm or with a shotgun loaded with shot shell or chilled shot number BB or smaller, if the surface of the highway or roadway is anything other than concrete or blacktop.

(6)

Nothing contained in this § 306-4 shall prohibit the transport of firearms, bows or crossbows in any manner that is authorized by § 167.31, Wis. Stats., as amended from time to time.

[Added 3-11-2014 by Ord. No. 2014-3]

§ 306-5 Throwing or shooting of stones and other missiles prohibited.

[Added 3-11-2014 by Ord. No. 2014-3]

It shall be unlawful for any person to discharge or throw by any means any dangerous missile, object, stone, snowball or other missile in or at any dwelling or building or any public park, playground, street, enclosure or other public place within the Village, provided, however, that upon written application to the Chief of Police, a person may be granted permission by the Chief of Police to construct and maintain approved archery ranges if in the opinion of the Chief of Police and the Village Board the construction of such ranges will in no way endanger the public health and safety; and further provided, however, that bow hunting is permitted subject to the conditions of § 306-15.1 below.

§ 306-6 Harassing or obscene telephone calls.

Whoever does any of the following acts shall be subject to the general penalty as provided in Chapter 1, § 1-3 of this Code:

Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious or indecent.

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.

Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers.

Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers.

Knowingly permits any telephone under his control to be used for any purpose prohibited by this section.

In conspiracy or concerted action with other persons, makes repeated calls or simultaneous calls solely to harass any person at the called number of numbers.[1]

Editor's Note: Original § 9-2-6, Sale and discharge of fireworks restricted, which immediately followed this section, was deleted 12-8-2006 by Ord. No. 2006-2. See Ch. 230, Fireworks.

§ 306-7 Highway obstructions and interference with traffic.

It is unlawful for anyone to create an unreasonable risk and high probability of causing death or great bodily harm to another by placing an obstacle in or upon a highway, damaging a highway, removing or tampering with a sign or signal used for the guidance of vehicles, giving a false traffic signal, or otherwise interfering with the orderly flow of traffic and realizing that he or she thereby creates such risk and probability.

In this section, "highway" means any public way or thoroughfare, including bridges thereon, any roadways commonly used for vehicular traffic, whether public or private, any railroad, including street and inter-urban railways, any navigable waterway or airport, and sidewalks and pedestrianways.

§ 306-8 Obstructing streets and sidewalks. [1]

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 Village in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place.

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.

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.

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:

BLOCK

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.

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, or office building sites or any other private property.

Editor's Note: See also Ch. 360, § 360-8, Obstructions and encroachments.

§ 306-9 Loitering.

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 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.

§ 306-10 Loud and unnecessary noise.

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.

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:

Horns or 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 unreasonable loud or harsh sound by means of any signaling device and 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.

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 property line of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.

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.

Animals or birds. The keeping of any animal or bird which causes frequent or long-continued unnecessary noise.

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 7:00 p.m. on weekdays; provided, however, that the Building Inspector 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 7:00 p.m. to 7:00 a.m.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(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.

(9)

Exceptions. The provisions of this section shall not apply to:

Any vehicle of the Village while engaged in necessary public business.

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 character.

Stationary noise limits.

Maximum permissible sound levels.

Noise from a stationary source shall not exceed the following standards for maximum sound-pressure levels measured at the property line:

	Noise Rating
Zone	Daytime	Nighttime
Residential	60 db	50 db
Commercial	70 db	70 db
All other zones	75 db	75 db

Ambient noise is the all-encompassing noise associated with a given source, usually being a composite of sounds with many sources near and far, but excluding the noise source being measured. Ambient noise is a factor, and the subject noise shall exceed the ambient noise by 5 db in any octave band to be designated excessive.

(c)

Pure tones and impulsive noises are factors. Five noise rating numbers shall be taken from the table in Subsection C(1)(a) above if the subject noise consists primarily of a pure tone or if it is impulsive in character.

Construction noise. Construction equipment in any zone may be operated between the hours of 7:00 a.m. and 7:00 p.m. weekdays, provided that said equipment does not exceed a maximum sound-pressure level of 80 dB(a) measured at the property line of the location at which said equipment is in use. [2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Noise in residential districts. In residential zones, the person in violation of this section shall be ordered to reduce the sound pressure to acceptable levels immediately by the monitoring officer.

Operation of certain equipment. Lawn mowers, chain saws, powered garden equipment, electric insect killing/repelling devices, and other nonconstruction maintenance equipment shall be operated only during the hours between 7:00 a.m. and 9:00 p.m. unless within the specified noise levels measured at the property line of the location at which said equipment is in use.

Exemptions. Operation of emergency equipment shall be exempt from this section. Snowblowers not operated on a commercial basis shall be exempt from this section when used to gain access to a Village street. Emergency equipment shall include ambulance, police, fire, snow removal, civil defense sirens, etc., necessary for the health, safety, and protection of the citizens of the Village.

(6)

Methods of measuring noise.

Equipment. Noise measurement shall be made with a sound-level meter.

Location of noise meter. Noise measurement shall be made at the nearest lot line of the premises from which a noise complaint is received. The noise meter shall be placed at a height of at least three feet above the ground and at least three feet away from walls, barriers, obstructions, and all other sound-reflective surfaces.

(7)

Appeals. The Village Board may grant an exemption to individuals proving evidence of substantial hardship. Evidence that reasonable technological attempts have been made to correct the problem shall be considered grounds for granting an exemption to this section for existing industries.

Permits for amplifying devices.

Permit required. The use of loudspeakers or amplifying devices on the streets or in the parks of the Village is prohibited unless the party desiring to use such loudspeaker or amplifying device first obtains a permit from the Chief of Police.

Grounds or reasons for denial or allowance. The Chief of said Police Department 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.

Time restrictions. The Chief of the Police Department shall not grant a permit to use a loudspeaker or amplifying device before the hour of 9:00 a.m. or after 9:00 p.m., nor shall a permit 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.

§ 306-11 Disorderly conduct.

Disorderly conduct prohibited. No person within the Village shall:

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.

Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.

Disorderly conduct with motor vehicle. No person shall make unnecessary and annoying noises with a motor vehicle, including motorcycles and all-terrain vehicles, by squealing tires, excessive acceleration of the engine, or emitting unnecessary and loud muffler noise. Operators shall maintain proper control of their motor vehicles.[1]

Editor's Note: See also Ch. 385, Vehicles and Traffic, § 385-29.

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 Village, 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.

§ 306-12 Controlled substances.

No person shall possess, use, provide or offer any substance prohibited by the Uniform Controlled Substances Act, Ch. 961 Wis. Stats.

§ 306-13 Marijuana.

[Amended 12-8-2006 by Ord. No. 2006-2]

It is unlawful for any person to possess 25 grams or less of marijuana, unless the marijuana 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 Ch. 961, Wis. Stats. For the purpose of this section, the terms "marijuana" and "practitioner" shall be defined as provided in § 961.01, Wis. Stats.

§ 306-14 Unauthorized presence on school property.

It shall be unlawful for any person, except as provided in Subsection B hereof, to be present in, loiter or enter into any public school building, school parking lot or on any public school grounds without the permission of the school principal, custodian or other person in charge thereof between 7:30 a.m. and 4:30 p.m. on official school days.

This section shall not apply to:

Students regularly enrolled in public schools who have not been properly ordered by the school principal, custodian or other person in charge thereof to leave the school building or school grounds.

Persons coming into the school building or school grounds for the purpose of attending scheduled school or civic functions or making use of the recreational facilities located upon or within school premises, but as to such attendance or use, this exception shall apply only to the portion of the premises on which such facilities are located and during the hours such facilities are specifically open to the general public or an invited portion thereof.

Parents or legal guardians of a regularly enrolled student. However, such parent or legal guardian may be required to register at the school office.

The exceptions set forth in Subsection B shall not apply to any person who, while in school buildings or on school grounds, commits or attempts to commit any act prohibited by statute or ordinance.

All entrances to the school buildings shall be posted with a notice stating "Entry into School Building by Unauthorized Persons Prohibited." All school grounds shall be posted with a notice stating "Entry upon School Grounds by Unauthorized Persons Prohibited."

§ 306-15 Failure to obey lawful order.

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.[1]

Editor's Note: Original § 9-2-15, Isobutyl nitrate prohibited, which followed this section, was deleted 12-8-2006 by Ord. No. 2006-2.

§ 306-15.1 Bow hunting within the Village.

[Added 3-11-2014 by Ord. No. 2014-3]

Notwithstanding any other provision contained in this Chapter 306, no person is prohibited from hunting with a bow and arrow or crossbow within the Village; subject however, to the following restrictions:

No person shall hunt with a bow and arrow or crossbow on any lands owned by the Village or within 100 yards from any building located on another person's land. For purposes hereof, the term "building" means a permanent structure used for human occupancy, and includes a manufactured home as defined in § 101.91(2), Wis. Stats. The foregoing restriction shall not apply if the person who owns the land on which the building is located allows the hunter to hunt within the specified distance of the building.