[HISTORY: Adopted by the Village Board of
the Village of Osceola 8-10-1993 by Ord. No. 7-93 as Ch. 7 of the
1993 Code. Amendments noted where applicable.]
[Amended 1-12-1999 by Ord. No. 99-01; 5-11-1999 by Ord. No.
99-04; 10-8-2002 by Ord. No. 02-10; 12-10-2002 by Ord. No. 02-17; 5-11-2004 by Ord. No. 04-06; 10-11-2005 by Ord. No. 05-07; 6-13-2006 by Ord. No.
06-10; 2-13-2007 by Ord. No. 07-09; 11-13-2007 by Ord. No. 07-22; 10-13-2009 by Ord. No. 09-10; 6-8-2010 by Ord. No. 10-04; 7-10-2012 by Ord. No. 12-07]
The statutory provisions 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 Village, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under § 1-19 of this Code:
|
Wis. Stats. §
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Subject
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|---|---|
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29.29(3)[1]
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Waste and refuse in water prohibited
|
|
101.123
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Smoking prohibited
|
|
110.075(7)
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Producing/using inspection stickers fraudulently
|
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134.06
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Motor vehicles sales/bonus to chauffeur prohibited
|
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175.25
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Illegal storage of junked vehicles
|
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218.01(7a)[2]
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Used cars - prohibited acts
|
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218.01(7b)[3]
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Motor vehicles - sale to minor
|
|
254.76
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Careless smoking
|
|
285.30(2)
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Pollution by motor vehicle/failure to repair
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287.81(2)(a)
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Littering violations: deposit or discharge solid waste on public
or private property
|
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287.81(2)(b)
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Littering violations: permit solid waste to be thrown from a
vehicle
|
|
346.935
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Drinking in motor vehicles on highway
|
|
938.344(2e)
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Disposition; drug violations (juvenile)
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|
939.05
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Parties to crime
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|
939.22
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Words and phrases defined
|
|
940.19(1)
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Battery
|
|
941.03[4]
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Highway obstruction
|
|
941.10
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Negligent handling of burning material
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|
941.12
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Interfering with firefighting
|
|
941.13
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False alarms
|
|
941.20
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Reckless use of weapons
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|
941.23
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Carrying concealed weapon
|
|
941.24
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Possession of switchblade knife
|
|
943.01(1)
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Criminal damage to property (less than $1,000)
|
|
943.06
|
Molotov cocktails
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|
943.13
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Trespass to land
|
|
943.14
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Criminal trespass to dwellings
|
|
943.20
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Theft (less than $500)
|
|
943.21(1m)(a)
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Fraud on hotel, campground, restaurant or recreational attraction
|
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943.21(1m)(c)
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Fraud on a taxicab
|
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943.21(1m)(d)
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Fraud on a gas station
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|
943.24
|
Issue of worthless check
|
|
943.50
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Shoplifting
|
|
943.55
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Removal of shopping carts
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|
943.61
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Failure to return library material
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|
944.15
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Fornication
|
|
944.20
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Lewd and lascivious behavior
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|
944.21
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Lewd, obscene or indecent matter, pictures and
performances
|
|
944.23
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Making lewd, obscene or indecent drawings
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|
944.30
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Prostitution
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|
944.31
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Patronizing prostitutes
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|
944.33
|
Pandering
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|
944.34
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Keeping place of prostitution
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|
945.01
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Definitions relating to gambling
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|
945.02
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Gambling
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|
945.03
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Commercial gambling
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|
945.04
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Permitting premises to be used for commercial
gambling
|
|
946.40
|
Refusing to aid officer
|
|
946.41
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Resisting or obstructing officer
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|
946.42
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Escape
|
|
946.49
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Bail jumping
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|
945.70
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Impersonating peace officers
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|
946.72
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Tampering with public records and notices
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|
947.01
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Disorderly conduct
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|
947.012
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Unlawful use of telephone
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|
947.02
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Vagrancy
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|
947.06
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Unlawful assemblies
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|
948.40
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Contributing to the delinquency of a child
|
|
951.01 to 951.16
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Crimes against animals
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|
961.14(4)(t)
|
Possession of marijuana
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|
961.41
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Prohibited acts - penalties
|
|
961.41(3g)
|
Possession of marijauna
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|
961.573(1)
|
Possession of drug paraphernalia
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|
961.573(2)
|
Possession of drug paraphernalia
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|
961.574(1)
|
Manufacture/delivery of drug paraphernalia
|
|
961.574(2)
|
Manufacture/delivery of drug paraphernalia
|
|
961.575(1)
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Delivery of drug paraphernalia to a minor
|
|
961.575(2)
|
Delivery of drug paraphernalia to a minor
|
[1]
Editor's Note: Section 29.29 was renumbered 29.601 and amended
by 1997 Act 248, §§ 448 to 457, effective 1-1-1999.
See § 29.601(3).
[2]
Editor's Note: Section 218.01 was renumbered and amended as
§§ 218.0101 to 218.0163 by 1999 Act 31, §§ 14
to 283, effective 4-19-2000. See now § 218.0146, Motor vehicles.
[3]
Editor's Note: See now § 218.0148, Purchase or lease
of motor vehicle by minor.
[4]
Editor's Note: Section 941.03 was repealed by 1987 Act 399,
§§ 472zkLe, 472zkLg, effective 1-1-1989. Conduct prohibited
by such statute is now prohibited by § 941.30, Wis. Stats.
[Amended 1-13-2004 by Ord. No. 04-02; 11-8-2011 by Ord. No.
11-14]
A.
In accordance
with § 66.0409 Wis. Stats. (Local regulation of firearms),
§ 941.23, Wis. Stats., pertaining to concealed weapons and
all amendments thereto is adopted by reference.
B.
It shall
be unlawful for any person, other than those identified as a “licensee”
or “out-of-state licensee” as defined in § 175.60,
Wis. Stats., and all amendments thereto, to carry on his or her person
a hidden, or concealed, dangerous weapon, within the corporate limits
of the Village of Osceola. This section applies to all dangerous weapons
unless they are unloaded, or disassembled, and completely encased.
C.
It shall
be unlawful for any person to carry or wear any dangerous weapon,
concealed or hidden on his or her person, in any building owned, occupied,
or controlled by the Village of Osceola, Wisconsin, to the extent
of § 943.13(1m)(c)4, Wis. Stats. All entrances to such buildings
shall be posted with signs no smaller than five inches by seven inches
stating that all weapons are banned from the premises. Further instruction
on proper signage shall be found in § 943.13(2)(bm)(2)c,
Wis. Stats., and all amendments thereto.
D.
It shall
be unlawful for any person to carry, concealed or hidden, any dangerous
weapon at any special event as defined by § 943.13(1e)(h),
Wis. Stats., and all amendments thereto held in the Village of Osceola,
Wisconsin. All entrances to such special events shall be posted with
a sign at least five inches by seven inches stating that weapons are
banned from the event.
E.
Nothing
in this section shall be construed to apply to prohibit a peace officer
or military personnel armed in the line of duty, or other person defined
by § 175.49, Wis. Stats., or any person duly authorized
by the Chief of Police, to possess a firearm within the corporate
limits of the Village of Osceola or public buildings located therein.
F.
No person,
except a police officer, sheriff, or their deputies, shall discharge
or fire any firearm, black powder gun, or air gun within the corporate
limits of the Village of Osceola, Wisconsin, unless the Chief of Police
has granted permission for such use for a lawful purpose. Lawful purposes
include, but are not limited to, pest extermination, wildlife management
as authorized by the Village Board, or the Wisconsin Department of
Natural Resources, and the starting of athletic events.
[Amended 1-13-2004 by Ord. No. 04-02; 12-8-2009 by Ord. No.
09-17; 8-12-2014 by Ord. No. 14-04]
A.
No person shall throw or shoot any object, arrow, stone, snowball
or other missile or projectile, by hand or by any other means, at
any person or at, in or into any building, street, sidewalk, alley,
highway, park, playground or other public place within the Village,
except as otherwise provided by law, for example pursuant to § 29.038,
939.45 or 939.48, Wis. Stats., and the following provisions of this
section.
B.
No person shall hunt within the Village or, in the territory adjacent
to the Village, cause any object, arrow, stone, snowball, or other
missile or projectile to fall into any building, street, sidewalks,
alley, highway, park, playground or other public place within the
Village, except as otherwise provided by law, for example pursuant
to § 29.038, Wis. Stats., and the following provisions of
this section.
C.
Permitted hunting or discharges; restrictions.
(1)
A person may hunt on private land with a bow and arrow or a crossbow
pursuant to § 29.038, Wis. Stats., except such hunting is
prohibited within 100 yards from a building used for human occupancy
located on another person's land, unless the hunter has the permission
of the person who owns the land on which the building is located.
Persons hunting pursuant to this provision must discharge the arrow
or bolt toward the ground, such as from a tree stand. Hunting is prohibited
in Village parks or other Village-owned land, except by special written
permission of the Village Board.
No person shall stand, sit, loaf or loiter or
engage in any sport or exercise on any public street, sidewalk, 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.
No person shall within the Village:
A.
In any public or private place engage in violent,
abusive, indecent, profane, boisterous, unreasonably loud or other
disorderly conduct which tends to cause or provoke an immediate disturbance
of public order or tends to disturb or annoy any other person or persons.
B.
Intentionally cause, provoke or engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
[Amended 3-8-2011 by Ord. No. 11-01]
A.
No person
shall make or cause to be made any loud, disturbing or unnecessary
sounds or noises such as may be determined by a police officer or
other person to be sufficient to annoy or disturb a person of ordinary
sensibilities in or about any public street, alley, park, business,
or any private residence.
B.
Operation
of motor vehicles. No person shall operate a motor vehicle so as to
cause the tires to squeal, the horn to blow excessively, the motor
to race excessively, or the car audio system to be excessively loud
as may be determined by a police officer.
A.
No person shall give or send or cause to be given
or sent in any manner any alarm of fire or other emergency which he
or she knows to be false.
B.
Private alarm systems.
[Added 11-9-1994 by Ord. No. 4-94]
(2)
The charge shall not be imposed when the false alarm
is caused by a weather-related incident, as determined by the Village
Administrator. The fee may also be waived during the first 30 days
following installation.
(3)
Any fees payable to the Village of Osceola which are
delinquent may be assessed against the property involved as a special
charge for current service, without notice, pursuant to § 66.60(16),
Wis. Stats.
No person shall resist or in any way interfere
with any officer of the Village while such officer is doing any act
in his or her official capacity and with lawful authority or shall
refuse to assist an officer in carrying out his or her duties when
so requested by the officer.
Except as provided by state law, all forms of
gambling, lotteries and fraudulent devices and practices are prohibited
within the Village. 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.
No person shall operate or be an inmate of a
house of prostitution or engage in prostitution within the Village.
A.
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 herself or manifestly endeavors to
conceal himself or herself or any object. Unless flight by the person
or other circumstances makes 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 or her to identify himself or herself
and explain his or her 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.
B.
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.
C.
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 place
within the Village in such manner as to prevent, interfere with or
obstruct the ordinary free use of such public streets, sidewalks,
street crossings and bridges or other public places by persons passing
along and over the same.
D.
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.
A.
No student who is under suspension, expulsion, exemption
or other discipline excluding him or her from attending school under
the jurisdiction of the Village Board of Education, or any person
not a student presently enrolled to attend school under the jurisdiction
of the Village Board of Education or not an employee of the Board
of Education, shall be present within any school building or upon
any school grounds under the jurisdiction of the School Board without
having first secured authorization to be there from the principal
or other person in charge of the school building or school grounds,
except while in direct route to secure the authorization.
B.
Any person shall, upon request of the principal or other person in charge of any school building upon any school grounds under the jurisdiction of the School Board or upon request of any police officer, display any written authorization to be present which he or she may have in his or her possession or otherwise explain his or her presence as referred to in Subsection A.
C.
Emergency services providers and persons providing
goods or services as indicated by contract with the school district
within the scope of their employment or with express consent of the
School Board or its designee shall be excluded from the provisions
of this section.
No person shall use any indecent, vile, profane
or obscene language or conduct himself or herself in any indecent,
lewd, lascivious or obscene manner within the Village.[1]
[1]
Editor's Note: Original Secs. 7.15, Obscene
literature, and 7.16, Indecent advertising prohibited, which immediately
followed this section, were deleted 1-12-1999 by Ord. No. 99-01. See
§§ 944.21 and 66.051, Wis. Stats.
No person shall willfully injure or intentionally
deface or destroy or unlawfully remove, take or meddle with any property
of any kind belonging to the Village or its departments or to any
private person without the consent of the owner or proper authority.
[Amended 5-11-2004 by Ord. No. 04-10]
A.
Purpose. The purpose of this section is to strictly
regulate burning within the Village.
B.
Restrictions.
(1)
No burning of rubbish, garbage, other household waste
or hazardous materials is permitted in the Village.
(2)
Burning of any permitted materials must be in acceptable
containers as defined by the Osceola Fire Department or in properly
constructed fire pits.
(3)
Leaves may only be burned in metal containers, 55
gallons or smaller, with screened lids.
(4)
Burning may only be conducted between 8:00 a.m. and
12:00 midnight.
(5)
Fires set by the Osceola Fire Department for practice
and instruction of fire fighters are allowed.
(6)
All fires are to be ignited with a safe and customarily
approved starter fuel.
(7)
Outdoor fires used for cooking and recreational purposes
are allowed. These are defined and limited to charcoal and gas grills,
freestanding fireplaces (clay or metal) or fire pits.
(8)
Apartment, townhouse, and condominium association
rules must be strictly followed when using charcoal and gas grills,
freestanding fireplaces (clay or metal) or fire pits.
(9)
Construction and use of fire pits shall meet the following
requirements:
(a)
The diameter of the pit shall not exceed three
feet.
(b)
The depth of the pit shall be one foot to two
feet deep.
(c)
The rim of the pit shall be lined with rock,
concrete, brick or steel
(d)
Fire pits shall be a minimum of 15 feet from
combustible structures.
(e)
Fire pits must be attended by at least one person
18 years or older when lighting the fire and at all times while the
fire is burning.
(f)
A fire extinguisher or water hose must be available
nearby at all times.
(g)
Only split firewood, tree limbs or charcoal
may be burned in fire pits.
(h)
When burning, all burning materials shall be
completely contained within the fire pit and shall not extend beyond
the confines of the fire pit or freestanding fireplace.
(i)
At no time shall the fire exceed three feet
in height. The fire shall produce little detectable smoke, odor, or
soot beyond the property line on which the fire is constructed.
(j)
Fire and embers must be completely extinguished
before the fire pit is vacated.
(11)
Approval for any open burning of brush or other
similar materials must be approved by the Fire Chief or designee.
(12)
The Fire Chief has the authority to issue a
burning ban at any time due to weather conditions or other hazardous
conditions that may exist.
No person shall throw any glass, refuse or waste,
filth or other litter upon the streets, alleys, highways, public parks
or other property of the Village, upon any private property or upon
the surface of any body of water within the Village.
[Amended 7-8-2003 by Ord. No. 03-12]
A.
No person shall store junked or discarded property,
including automobiles, automobile parts, trucks, tractors, refrigerators,
furnaces, washing machines, stoves, machinery or machinery parts,
wood, bricks, cement blocks or other unsightly debris, except upon
permit issued by the Village Board.
[Amended 10-9-2012 by Ord. No. 12-09]
B.
If such nuisance is not removed within 10 days, the Village may seek a forfeiture as provided in § 1-19 of the Village of Osceola Code or seek an order of abatement from the County Circuit Court in the form of an injunctive order for each violation of this section. Each day a violation continues shall be a separate offense for purposes of assessment of a forfeiture. In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a property maintenance violation, all costs incurred by the Village to abate any violations shall be assessed as a special tax against the property.
A.
No person having in his or her possession or under
his or her control any animal or fowl shall allow the same to run
at large within the Village.
B.
No person having a dog under his or her control shall
knowingly permit such dog to litter upon the property of another,
unless such person shall cause such litter to be removed promptly
from such property.
No person shall have or permit on any premises
owned or occupied by him or her any open cisterns, cesspools, unused
basements, excavations or other dangerous openings. All such places
shall be filled, securely covered or fastened 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.
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 or her
control, in a place accessible to children, any abandoned, unattended
or discarded icebox, refrigerator or container unless such container
is displayed for sale on the premises of the owner or his or her agent
and is securely locked or fastened.
A.
Possession outside taverns or picnic areas.
(1)
Prohibited. No person shall consume intoxicating liquor
or fermented malt beverages or carry about an open container of intoxicating
liquor or fermented malt beverages on public property or on private
property held out for use by the public outside a licensed tavern
or off the premises of an established picnic area where such possession
and consumption is not prohibited. Nothing in this section shall be
construed so as to prevent consumption of intoxicating liquor or fermented
malt beverages outside private residences while on private property
in such a manner as is normally associated with such use at a private
home or residence.
(2)
Special events. The Village Board may grant permits
for consumption in designated areas during special occasions in connection
with picnic beer licenses.
B.
Parked vehicles. No person shall consume any intoxicating
liquor or fermented malt beverages while in a vehicle parked on a
public thoroughfare, public parking lot or any private parking area
open to public use.
C.
Open containers in vehicles prohibited. No person
shall possess or permit to be possessed in any vehicle under his or
her control, while moving or parked on a public thoroughfare, a public
parking lot or any private property open to public use, any open container
of intoxicating liquor or fermented malt beverages.
D.
Underage consumption of alcohol beverages. The provisions
of §§ 125.07, 125.085(3)(b) and 125.09(2), Wis. Stats.,
are adopted by reference and incorporated as if set forth in full
herein, including provisions for penalties therein. Any future amendments,
revisions or modifications of the statutes incorporated herein are
intended to be made part of this chapter in order to secure uniform
statewide regulation of underage consumption of alcohol beverages.
[Amended 1-12-1999 by Ord. No. 99-01]
[Amended 3-8-1994 by Ord. No. 2-94]
A.
Purpose. In recognition of the benefits to the community
at large and in particular to its students is assisting schools in
enforcing the truancy regulations under ch. 118, Wis. Stats., the
purpose of this section shall be to establish a municipal school attendance
requirement, subject to sanctions for violations. Adoption of this
section is under the authority of § 61.34(1), Wis. Stats.
B.
PARENT
PRIVATE SCHOOL
STUDENT
TRUANT or TRUANCY
Definitions. The following definitions shall control
this section unless the context dictates otherwise:
Shall include natural parent(s), custodians, including but
not limited to the Department of Social Services, and legal guardians
appointed by the Circuit Court.
That type of school defined at § 115.001(3r), Wis.
Stats.
Any person under the age of 18 years required by law to be
enrolled in school or, even if not so required, enrolled in school
in the Osceola School District.
Shall have the meaning at § 118.16(1)(c), Wis.
Stats.
C.
School attendance required. All persons under the
age of 18 years and who are required by § 118.15, Wis. Stats.,
to attend school and who are enrolled in a private school or a school
of the school district of Osceola shall, during the hours established
for school to be in session, remain on school property subject to
rules and policies of the private school or the Board of Education.
Those who fail to abide by this regulation shall be considered to
be truants.
D.
Exceptions to attendance requirement.
(1)
The rule established under Subsection C shall be subject to the following express exceptions:
(a)
Students in the company of their parents.
(b)
Students rightfully possessing a student pass,
issued in accord with school policy.
(c)
Students in the company of representatives of
the school district while on a field trip or otherwise receiving instruction
off the campus of their school.
(d)
Persons under the age of 18 years who have graduated
from high school.
(e)
Persons under the age of 18 years who, in accord
with § 118.15, Wis. Stats., have dropped out of school and
are not enrolled.
(f)
Those other and further specified circumstances
not set forth above contained in § 118.15, Wis. Stats.
E.
Penalties. Violations of this section shall be subject
to the following penalties:
(1)
Students in violation of this section:
(a)
First offense: student to be returned to school
and parent to be notified, in writing, of truancy.
(b)
Second offense within 30 days of first offense
or during same semester of school: forfeiture of $10 plus costs.
(c)
Third offense and each subsequent offense during
same school year: forfeiture of $25 plus costs.
(2)
Parents of students in violation of this section:
for the fifth and each subsequent offense during the same school year,
a forfeiture of from $50 to $150.
F.
This section is not adopted under § 118.163,
Wis. Stats. In consequence, its operation shall not be limited to
cases of habitual truancy.
[Amended 3-13-2018 by Ord. No. 18-02]
A.
No person under 18 years of age may falsely represent
his or her age for the purpose of receiving any cigarette, nicotine
product, or tobacco product.
B.
No person under 18 years of age may purchase, attempt
to purchase, or possess any cigarette, nicotine product, or tobacco
product except as permitted in § 254.92, Wis. Stats.
C.
No person
may purchase cigarettes, tobacco products, or nicotine products on
behalf of, or to provide to, any person who is under 18 years of age.
D.
A law
enforcement officer shall seize any cigarette, nicotine product, or
tobacco product that has been sold to and is in the possession of
a person under 18 years of age.
E.
Penalty:
Any person who violates the above may be required to forfeit not more
than $500 for a first offense and subject to the penalties pursuant
to § 254.92(2m), Wis. Stats., for subsequent offenses.
[Added 2-8-1994 by Ord. No. 1-94]
A.
Statement of purpose. It is deemed to be in the best
interests of the health, welfare and safety of the minors who reside
in the Village that a curfew be established requiring that they be
at home or under the control of their parents, guardians or custodians
during nighttime hours. This section is adopted pursuant to the authority
granted to the Village Board under § 61.34, Wis. Stats.
B.
MINOR
PARENT
PUBLIC PLACE
STREET
TIME OF NIGHT
VILLAGE
YEARS OF AGE
Definitions. The following definitions shall, unless
the context dictates otherwise, control application of this chapter:
A person under the legal age of majority, or 18 years.
Any person having legal custody of a minor as a natural or
adoptive parent, legal guardian or court-appointed custodian.
[Amended 9-25-1997 by Ord. No. 5-97]
All types and kinds of places owned by and/or under public
control or supervision, whether by the Village government or other
public bodies, which are located in the Village.
A right-of-way of whatsoever nature open to use by the public
as a matter of right for purposes of vehicular travel or, in the case
of a sidewalk, for pedestrian travel. The term "street" shall include
not only the traveled portion of the right-of-way but, additionally,
the curb, sidewalks and boulevards found within the legal right-of-way
of a street. For purposes of this definition, "street" shall include
alleys and roads.
As referred to within references under Subsection C to "p.m." and "a.m." shall be based upon the prevailing standard of time, whether central standard time or central daylight time, generally observed at that hour by the public in the Village.
The Village of Osceola and all property situated within its
corporate limits.
The age of a person subject to this section as of his/her
last birthday prior to an alleged offense.
C.
Curfew for minors. It shall be unlawful for any person
who fits in one of the following three categories to be in or upon
public places, including but not limited to the public street, roads,
alleys, parks, public buildings or other public facilities, in the
Village during the specified time:
D.
Exceptions to general curfew. In the following exceptional cases, a minor found in a public place during the hours for which Subsection C establishes a curfew for a person of his or her age shall not be considered to be in violation of this section:
[Amended 9-25-1997 by Ord. No. 5-97]
(1)
When accompanied by a parent.
(2)
In a case of reasonable necessity when carrying a
dated, handwritten note signed by the minor's parent.
(3)
When on a sidewalk of the Village adjoining the minor's
residence.
(4)
When traveling to or from work when the minor exhibits
a work permit and is scheduled to work by the employer at a time past
the established curfew.
(5)
When at a school-sponsored event or activity with
parental consent, whether as a spectator or a participant.
(6)
When traveling to and from a religious event.
E.
Minors under supervision. Any person under the age of 18 years who is under the supervision of the Circuit Court or a Department of Social Services or Human Services for violations of state statutes, local or county ordinances or other laws shall be subject to the curfew set forth in Subsection C above for the duration of his/her supervision unless a more restrictive curfew is imposed by the Court or the custodial department.
F.
Restrictions on routes of travel. Minors permitted
to be upon public streets, roads, alleys or sidewalks at times otherwise
in violation of the established curfew shall be required to travel
to and from their place of residence by the most direct route.
G.
Parents to be held liable for violations. It shall
be unlawful for a parent having legal custody of a minor knowingly
to permit or allow such minor to be at or remain in a public place
under circumstances not falling within an exception to this section.
The term "knowingly" includes knowledge which a parent should reasonably
be expected to have concerning the whereabouts of a minor in that
parent's legal custody.
H.
Penalties. Violations of this section shall be subject
to the following penalties:
(1)
First offense: warning letter sent to parent, spouse
or legal guardian.
(2)
Second and all subsequent offenses: citation to minor
with forfeiture of $25 plus costs imposed.
(3)
With respect to the third offense for which any one
minor is charge and convicted within a twelve-month period, the parent,
spouse or legal guardian may be cited as follows:
[Added 10-11-2005 by Ord. No. 05-07[1]]
No person shall, by act or omission, knowingly encourage or contribute to truancy, as defined in § 168-23B.
[Added 10-11-2005 by Ord. No. 05-07]
No person shall, by act or omission, knowingly
procure for, sell, dispense, or gift any tobacco product to anyone
who has not yet attained 18 years of age.
[Added 10-11-2005 by Ord. No. 05-07]
No person, by act or omission, shall knowingly encourage or contribute to a curfew violation as defined by § 168-25.
[Added 10-11-2005 by Ord. No. 05-07]
A.
No person shall spin tires of a motor vehicle in an
excessive manner, with intent to disturb others, on any surface in
a parking lot, public or private roadway, or other byway.
B.
No person shall operate a motor vehicle on any surface,
public or private, that is not designed for vehicular traffic, without
express permission of the owner or governmental entity.
[Added 10-11-2005 by Ord. No. 05-07]
No person shall contact a victim or witness
of an ordinance violation or adopted Wisconsin State Statute violation
with intent to, and not limited to, harass, intimidate, threaten,
or inappropriately gesture as to cause alarm. This section is in effect
both during and after adjudication in a court of law.
[Added 10-11-2005 by Ord. No. 05-07]
A.
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.
B.
Any person who shall intentionally enter a dwelling,
apartment, or other space which is used as a home, residence, or sleeping
place by one or more persons, who are maintaining it as a household,
to the exclusion of others, is guilty of the offense, unless the person
who enters has been granted permission.
[Added 4-14-2009 by Ord. No. 09-04[1]]
A.
CHILD SAFETY ZONE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Definitions. The following definition shall control this section
unless the context dictates otherwise:
Shall include any real property upon which there exists any
facility used for or which supports a use of:
A public park, parkway, parkland, park facility;
A public swimming pool;
A public library;
A recreational trail;
A public playground;
A school for children;
Athletic fields used by children;
A day-care center;
Any specialized school for children, including, but not limited
to, a gymnastics academy, dance academy or music school;
Aquatic facilities open to the public; and
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 foster home, as defined in § 48.02(6) Wis.
Stats.; a treatment foster home, as defined in § 48.02(17q)
Stats;[2] 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 in § 961.01(22),
Wis. Stats.]
[2]
Editor's Note: Section 48.02(17q) was repealed by 2009 Act
28.
B.
Prohibition. It shall be unlawful for any offender to enter into,
congregate, loiter, wander, stroll, stand or play in or near a child
safety zone under circumstances that warrant alarm for the safety
of persons in the vicinity. Among the circumstances which may be considered
in determining whether such alarm is warranted is the fact that the
actor 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 actor or other circumstances makes
it impracticable, a police or peace officer shall, prior to any arrest
for an offense under this section, afford the actor 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 actor was true
and, if believed by the police or peace officer at the time, would
have dispelled the alarm.
C.
Penalty. Any person who shall violate any provision of this section
shall pay, upon conviction, a forfeiture not to exceed $1,000 per
violation, plus court costs. Each day during which a violation of
this section is permitted to exist shall be deemed to be a separate
violation.
[Added 4-12-2011 by Ord. No. 11-04]
A.
It shall be unlawful for anyone to place any type of feeder, above
or on the ground, for the purpose of offering any feed such as salt,
minerals, apples, corn, sunflower seeds, deer suckers, or any other
type of feed for the purpose of enticing deer into any specific area
of anyone's property in the Village of Osceola, except as provided
in exception below.
B.
Exception. The feeding of deer may be authorized by the Village Board.
[Added 11-8-2011 by Ord. No. 11-15]
A.
Section 941.316(1)(a),(b) and (c) and (2)(a) and (b), Wis. Stats.,
are hereby adopted prohibiting the abuse of hazardous substances in
a manner that does not comply with any cautionary labeling, or in
a manner not intended by the manufacturer of the hazardous substance.
Such abuse, often referred to as "huffing," uses the hazardous substance
to induce intoxication, elation, and stupefying effects upon the nervous
system.
B.
Penalties. Any person violating this section shall be subject to
a forfeiture of not less than $100 or more than $500, exclusive of
costs, and upon failure to pay the same shall be confined in the county
jail for not more than 30 days.
[Added 11-8-2011 by Ord. No. 11-16]
A.
It shall be illegal for any person to possess, use, or sell (to include
display or attempt to sell) any one or more of the following chemicals,
whether under the common street or trade name of "Spice," "K2," "Genie,"
"fake" or "new" marijuana, or by any other name or description:
(1)
Salviadivinorum or salvinorum A; all parts of the plant presently
classified botanically as salvia divinorum, whether growing or not,
the seeds thereof, any extract of such plant and every compound, derivative,
or mixture of such plant, its seeds or extracts.
(2)
(6aR, 10aR)-9-(hydroxymethyl)-66-dimethyl-3-(2methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo [c] chromen-1-ol with name of HU-210 or
other trade names;
(3)
1-Pentyl-3-(1-naphthoyl) indole with name of JWH-073 "Spice";
(4)
1-Butyl-3-(1-naphthoyl) indole with name JWH-073;
(5)
1-(3{trifluoromethylphenyl}) piperazine with trade name of TFMPP;
(6)
Or any other structural analogs.
B.
Penalties. Any person violating this section shall be subject to
a forfeiture of not less than $300 nor more than $500, exclusive of
costs, and upon failure to pay the same shall be confined to the county
jail for not more than 30 days.
Any person who shall violate any provision of
this chapter shall be subject to penalties as follows:
A.
Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-19 of this Code.
[Amended 1-12-1999 by Ord. No. 99-01]
B.
Citations
for second and all subsequent offense violations for the possession
of THC or marijuana shall have a minimum forfeiture of $100 plus costs
imposed.
[Added 7-8-2008 by Ord. No. 08-07[1]]
[1]
Editor’s Note: This ordinance also provided for the
redesignation of former Subsection B as Subsection C.
C.
In addition to any penalty imposed for violation of § 168-15 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 § 168-15 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.
