[Amended by Ord. No. 88-4; Ord. No. 95-4; 9-20-2007 by Ord. No. 2007-18]
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 City, 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:
173.10
|
Investigation of Cruelty Complaints
|
346.935
|
Drinking in Motor Vehicles on Highway
|
940.19(1)
|
Battery
|
940.32
|
Stalking
|
940.34
|
Duty to Aid Endangered Crime Victim
|
941.01
|
Negligent Operation of Vehicle
|
941.10
|
Negligent Handling of Burning Materials
|
941.12
|
Interfering With or Failing to Assist in Fire
Fighting
|
941.13
|
False Alarms and Interference With Fire Fighting
|
941.20
|
Reckless Use of Weapon
|
941.20(3)
|
Discharge of Firearm From Vehicle
|
941.21
|
Disarming a Police Officer Prohibited
|
941.23
|
Carrying Concealed Weapon
|
941.237
|
Entering Tavern Armed With Handgun
|
941.24
|
Possession of Switch Blade Knife
|
941.296
|
Use of Facsimile Firearms
|
941.36
|
Fraudulent Tapping of Utilities
|
941.37
|
Obstruction of Emergency Vehicles Prohibited
|
943.01(1)
|
Criminal Damage to Property (Less Than $200)
|
943.012
|
Criminal Damage to Religious and Other Property
|
943.06
|
Molotov Cocktails
|
943.11
|
Entry into Locked Vehicle
|
943.125
|
Entry Into Locked Coin Box
|
943.13
|
Criminal Trespass to Land
|
943.14
|
Criminal Trespass to Dwellings
|
943.15
|
Entry Onto a Construction Site
|
943.20
|
Theft (Less Than $100)
|
943.21
|
Fraud on Hotel or Restaurant Keeper
|
943.22
|
Use of Cheating Tokens
|
943.23
|
Operating Vehicle Without Owner's Consent
|
943.23(1g)
|
Carjacking
|
943.24
|
Issue of Worthless Checks
|
943.34
|
Receiving Stolen Property
|
943.46
|
Theft of Cable Television Service
|
943.47
|
Theft of Satellite Cable Programming
|
943.50
|
Retail Theft
|
944.20
|
Lewd and Lascivious Behavior
|
944.23
|
Making Lewd, Obscene or Indecent Drawings
|
944.30
|
Prostitution
|
944.31
|
Patronizing Prostitutes
|
944.33
|
Pandering
|
944.34
|
Keeping Place of Prostitution
|
945.02
|
Gambling
|
945.04
|
Permitting Premises to be Used For Commercial
Gambling
|
946.40
|
Refusing to Aid Officer
|
946.41
|
Resisting or Obstructing Officer
|
946.42
|
Escape
|
946.44
|
Assisting or Permitting Escape
|
946.65
|
Obstructing Justice
|
946.69
|
Falsely Acting as Public Officer or Utility
Employe
|
946.70
|
Personating Peace Officer
|
946.72
|
Tampering With Public Records and Notices
|
947.01
|
Disorderly Conduct
|
947.012
|
Unlawful Use of Telephone
|
947.013
|
Harassment Prohibited
|
947.06
|
Unlawful Assemblies
|
948.015 to 948.62
|
Crimes Against Children
|
948.40
|
Contributing to the Delinquency of a Child
|
951.01 to 951.15
|
Crimes Against Animals
|
[Amended 11-3-2011 by Ord. No. 2011-04; 9-18-2014 by Ord. No. 2014-09]
A. Definitions. For the purpose of this section, the following definitions
shall apply:
FIREARM
Any weapon from which a shot may be fired by the force of
an explosive or propellant, including but not limited to rifles, pistols,
shotguns, air guns and BB guns.
PUBLIC BUILDING
Any building, including the grounds thereof, owned by the
state or federal government, the City, the county or the public school
district.
PUBLIC LAND
Any land owned by the state or federal government, the City,
the county or the public school district.
PUBLIC PLACE
Any privately owned building which is open to the public.
B. Possession of firearms prohibited.
[Amended 8-20-2020 by Ord. No. 2020-07]
(1) In addition to the provisions of Subsection
C below, no person, except duly authorized City, village, county, state or federal law enforcement officers specifically authorized by law to carry firearms, openly carried, or persons duly licensed to carry a concealed weapon pursuant to § 175.60, Wis. Stats., shall possess a firearm while in any public building within the City. No such person shall possess a firearm while in any public building within the City unless written consent to so possess a firearm has been given by the owner or lessee of such public place and such possession is not contrary to § 440.26, Wis. Stats.
(2) Unless other facts and circumstances that indicate criminal or malicious
intent on the part of the person apply, no person may be in violation
of, or be charged with a violation of, an ordinance of a political
subdivision relating to disorderly conduct or other inappropriate
behavior for loading a firearm, or for carrying or going armed with
a firearm or a knife, without regard to whether the firearm is loaded
or the firearm or the knife is concealed or openly carried.
C. Use of firearms.
(1) Regulated. No person, except a law enforcement officer authorized by law to carry firearms, shall discharge any firearm within the City. No person, except such an authorized law enforcement officer, or a person duly licensed to carry a concealed weapon pursuant to § 175.60, Wis. Stats., or openly carried shall have any firearm in his possession within the City unless it is unloaded and enclosed in a carrying case or other suitable container, except as provided in Subsection
C(2).
[Amended 8-20-2020 by Ord. No. 2020-07]
(2) Exceptions:
(a)
Pest control permits issued by the Chief of Police.
(b)
Uses granted under a conditional use permit pursuant to Chapter
385, Zoning, of this Code.
(c)
Except as provided in Subsection
B(1).
[Added 8-20-2020 by Ord.
No. 2020-07]
(d)
Except as provided in § 66.0409, Wis. Stats., Local
regulation of weapons.
[Added 8-20-2020 by Ord.
No. 2020-07]
(e)
Except as provided in § 939.48, Wis. Stats., Self-defense
and defense of others.
[Added 8-20-2020 by Ord.
No. 2020-07]
D. Use of other dangerous weapons.
(1) Regulated. No person shall shoot or discharge any other dangerous weapon anywhere in the City except as provided in Subsection
D(2) below.
(2) Exceptions:
(a)
Supervised areas designated as shooting ranges by the Council.
(b)
Uses granted under a conditional use permit pursuant to Chapter
385, Zoning, of this Code.
(c)
Bow hunting in accordance with Wisconsin Department of Natural
Resources regulations which takes place on privately owned property,
300 feet or greater from a building on an adjacent property owner's
land used for human occupancy, is permissible. All municipal and county
parks along with school district grounds are public property. Bow
hunting is not allowed on public property. Bow hunters shall discharge
the arrow or bolt in a direction described as "immediately toward
the ground."
E. Dangerous weapons prohibited on municipal property. When posted,
no person, except law enforcement officers duly authorized by law
to carry firearms, shall carry or be in possession of a dangerous
weapon in any building, structure or vehicle owned or leased by the
City of Waterloo, including but not limited to its City Hall, Wastewater
Treatment Facility and Municipal Garage. "Dangerous weapon" means
any firearm, rifle or handgun, 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, rifles, shotguns, handguns, spring guns, air guns, bow-and-arrow
devices and knives are included within this definition. Nothing contained
herein shall prohibit the storage of a concealed weapon by a person
licensed under § 175.60, Wis. Stats., from carrying a firearm
in his/her privately owned motor vehicle which is parked at any City-owned
parking facility or parking lot.
F. Municipal special events. No person, except law enforcement officers duly authorized by law to carry firearms, shall enter or remain at any special event sponsored by the City of Waterloo while carrying a dangerous weapon as defined in §
278-2E above. "Special event" shall have the meaning provided for in § 943.13(1m)(c)3, Wis. Stats.
G. Signage. When requested, the City Clerk shall post all signage required
by § 943.13, Wis. Stats., for purposes of implementing the
provisions of § 272-2E and F hereof.
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
City.
[Amended 9-20-2007 by Ord. No. 2007-18]
A. Definition. "Marijuana" means all parts of the plant cannabis sativa
L., whether growing or not; the seeds thereof; the resin extracted
from any part of the plant; and every compound, manufacture, salt,
derivative, mixture or preparation of the plant, its seeds or resin.
" Drug paraphernalia" has the meaning given in § 961.572,
Wis. Stats.
B. Possession, delivery and use of marijuana prohibited. It shall be
unlawful for any person to possess 25 grams or less of marijuana or
a marijuana derivative. This section shall include, but not be limited
to, those persons who possess, deliver, sell or use marijuana or a
marijuana derivative in any amount and include those persons who are
charged under this section for a first offense.
C. Exception. This section shall not apply to a person who has obtained
or possesses marijuana directly from or pursuant to a valid prescription
or order of a practitioner, as defined in § 961.01, Wis.
Stats., while acting in the course of his professional practice. However,
the burden of proof to prove such exception shall be on the person
claiming it.
D. Possession and delivery of drug paraphernalia prohibited.
(1) No person may use, or possess with the primary intent to use, drug
paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance or controlled
substance analog in violation of Ch. 961, Wis. Stats.
(2) No person may deliver, possess with intent to deliver, or manufacture
with intent to deliver drug paraphernalia, knowing that it will be
primarily used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance or controlled
substance analog in violation of Ch. 961, Wis. Stats.
E. Penalty. Any person who shall violate any provision of this section
shall, upon conviction, be subject to a forfeiture of not less than
$200 nor more than $2,000 and, on default, imprisonment for not more
than 60 days.
[Amended by Ord. No. 2-00; 2-15-2018 by Ord. No. 2018-02]
A. General. 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
a person of ordinary sensibilities in or about any public street,
alley or park or any private residence.
B. Sound-amplifying equipment. The following regulations shall apply
to the use of sound-amplifying equipment within the City:
(1) Sound-amplifying equipment shall be permitted only to publicize events
of community-wide interest and importance which are of a noncommercial
nature.
(2) The only sounds permitted shall be music and human speech.
(3) Sound-amplifying equipment shall be used only between 7:00 a.m. and
7:00 p.m., unless otherwise permitted.
[Amended 12-21-2023 by Ord. No. 2023-17]
(5) The volume of sound shall be controlled so that it will not be audible
for a distance in excess of 200 feet from its source and so that the
volume of sound emitted therefrom shall not be unreasonably loud,
raucous, jarring, disturbing or a nuisance to persons within the area
of audibility.
C. Construction and machinery noise. Except for emergencies, all Public
Works Department snow/ice removal and nonmunicipal snow/ice removal,
between the hours of 9:00 p.m. and 7:00 a.m. no person shall do construction
work or operate any chain saw, lawn mower or any other loud machinery
of a similar nature. The use of loud machinery for nonmunicipal snow/ice
removal shall be prohibited between the hours of 10:00 p.m. to 5:00
a.m.
D. Dynamic braking devices. It is unlawful for any person to operate
any motor vehicle within the City limits with a dynamic braking device
(commonly referred to as "Jake brakes," "Jacobs brake," "engine brake"
or "compression brake") engaged, except for the aversion of imminent
danger.
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 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 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.
[Amended 9-20-2007 by Ord. No. 2007-18]
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter
1, §
1-4, of this Code. In addition to any penalty imposed for violation of § 943.01(1), Wis. Stats., 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 of any unemancipated minor child who violates § 943.01(1), Wis. Stats., or §
278-12 of this chapter may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.
[Added 1-6-2011 by Ord. No. 2011-01]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
DELIVER
Has the same meaning given in § 961.01(6), Wis.
Stats., with respect to a controlled substance or controlled substance
analog.
DISTRIBUTE
Has the same meaning given in § 961.01(9), Wis.
Stats., with respect to a controlled substance analog.
B. Prohibited sales, use and possession. It shall be illegal for any
person to possess, sell, publicly display or barter any one or more
of the following chemicals whether under the common street or trade
names of "spice," "K2," "Genie," "Yucatan Fire," "Blaze," "Red X Dawn,"
"Zohia," "Spike Diamond," "Route 69," "Smoke XXXX," "Citron," "fake"
or "new" marijuana, or by any other name, label or description:
(1) (6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol- some trade or other names:
HU-210;
(2) 1-Pentyl-3-(1-naphthoyl) indole – some trade or other names:
JWH-018\spice;
(3) 1-butyl-3-(1 naphthoyl) indole – some trade or other names:
JWH-073;
(4) 1-(3{trifluoromethylphenyl}) piperazine – some trade or other
names: TFMPP;
(5) 2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol – some
trade or other names: CP 47, 497;
(6) 1-(2-(morpholony)ethyl))-3-1(naphthoyl)indole – some trade
or other names: JWH-200;
(7) 1-hexyl-3-(1-naphthoyl)indole – some trade or other names:
JWH-019;
(8) 1-pentyl-3-(2-methoxyphenylacetyl)indole – some trade or other
names: JWH-250;
(9) 1-pentyl-3-(4-chloro-1-naphthoyl)indole some trade or other names:
JWH-398;
(10)
(2-methyl-1-propyl-1H-indol-3-yl)-1-naphthaleny-mathanone –
or some trade or other names: JHW-015;
(11)
Dexanabinol,(6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl-6a,7,10,10a-tetrahydrobenzo[c]chromen-l-ol-
or some trade or other names: HU-211.
(12)
Or any similar structural analogs.
C. Exception. The prohibitions set forth herein do not apply to any
person who commits an act described in this section pursuant to the
direction or prescription of a licensed physician or dentist authorized
to direct or prescribe such act.
D. Penalties.
(1) Any person who shall sell, publicly display for sale or attempt to sell, give, deliver, distribute or barter any one or more of the chemicals as prohibited in Subsection
B above shall upon conviction be subject to a forfeiture of not less than $200 and not more than $1,000, together with the cost of prosecution for each violation. Each day a violation continues shall constitute a separate offense. The City may also seek equitable relief to gain compliance.
(2) Any person who shall possess, distribute or barter any one or more of the chemicals as prohibited in Subsection
B above shall upon conviction be subject to a forfeiture of not less than $200 and not more than $1,000, together with the cost of prosecution for each violation.
[Added 4-15-2021 by Ord.
No. 2021-02]
In the interest of humane treatment of animals and public safety,
it shall be unlawful for any person to set, place or tend any traps
for the purpose of trapping, killing, catching, wounding, or molesting
any animal in the parks, residential and commercial areas of the City
of Waterloo.
A. Permits. The Chief of Police may authorize use of other traps for
removal of a specific nuisance animal upon complaint, but only after
attempting to remove said animal with a live box trap.
B. Traps.
(1) Cable restraints, foothold or leghold traps shall be prohibited.
(2) The only other type of trap permitted shall be a live box trap, which
shall be defined as those traps which capture and hold an animal in
an unharmed condition. These types of live traps will not require
a permit.
(3) Body-gripping traps shall be placed only under water within the bank
run of the animal sought to be trapped and shall not exceed the 110
size.
(4) Excluding live set traps, all traps set, placed, or tended shall
comply with all applicable Wisconsin Statutes and Administrative Codes
as they relate to trapping. Any trapping, excluding live set traps,
will be required to have a valid state permit.
C. Exception. This section shall not apply to trapping within the confines
of buildings, homes or their respective curtilage for the purpose
of vermin eradication, or areas zoned agricultural. Live box traps
shall be defined as those traps which capture and hold an animal in
an unharmed condition; these types of live traps will not require
a permit.
D. Summary abatement. Any trap set in violation of Subsection
B may be summarily removed if the trap presents a danger to children or domestic animals. Such removal shall not occur before the Chief of Police makes an effort to contact the owner of the trap to request immediate removal by the owner. One phone call shall be sufficient effort before the summary removal.
E. Violations and penalties. Any person who shall violate any provision of this section shall be subject to a forfeiture as provided in Chapter
1, §
1-4, of this Code.