City of Waterloo, WI Peace and Good Order

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.

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.

Use of firearms.

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]

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]

Use of other dangerous weapons.

Regulated. No person shall shoot or discharge any other dangerous weapon anywhere in the City except as provided in Subsection D(2) below.

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."

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.

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.

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.

§ 278-3 Throwing or shooting of arrows, stones and other missiles.

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.

§ 278-4 Marijuana and drug paraphernalia.

[Amended 9-20-2007 by Ord. No. 2007-18]

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.

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.

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.

Possession and delivery of drug paraphernalia prohibited.

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.

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.

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.

§ 278-5 Loud and unnecessary noise.

[Amended by Ord. No. 2-00; 2-15-2018 by Ord. No. 2018-02]

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.

Sound-amplifying equipment. The following regulations shall apply to the use of sound-amplifying equipment within the City:

Sound-amplifying equipment shall be permitted only to publicize events of community-wide interest and importance which are of a noncommercial nature.

The only sounds permitted shall be music and human speech.

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]

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(4), regarding sound advertising on Sundays or legal holidays, was repealed 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.

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.

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.

§ 278-6 Loitering or prowling.

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 subsection, 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 place within the City in such manner as to prevent, interfere with or obstruct the ordinary free use of such public sidewalks, streets, 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.

Loitering in public places. No person shall loiter, lounge or loaf in or about any depot, theater, dance hall, restaurant, store, public sidewalk, public parking lot or other place of assembly or public use after being requested to move by the owner or person in charge or any police officer. Upon being requested to move, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.

§ 278-7 Unauthorized presence on school property.

Presence regulated. It shall be unlawful for any person other than an authorized person, as hereinafter defined, to be present within any school building or upon any school grounds under the jurisdiction of the Board of Education of Joint School District No. 1, City of Waterloo, et al., without having first secured authorization therefor from the principal or other person in charge of said premises, except while in direct route to secure said authorization.

Definition. Authorized persons shall include:

Students presently enrolled to attend school under the jurisdiction of the Board of Education of said School District, but excluding any student under suspension, expulsion, exemption or other discipline prohibiting such student from attending school under the jurisdiction of said School Board unless the terms of such prohibition expressly permit such presence.

Employees of said School District.

Any parent or guardian of any student or employee.

Any person present at any school building or school grounds for any purpose previously authorized by the Board of Education of said District or its designee.

Posting notice. All entrances to school premises referred to in Subsection A above shall be posted with notice that "Entry by Unauthorized Persons is Prohibited: § 278-7, Municipal Code of Waterloo, Wisconsin." Any person who knowingly obliterates or otherwise defaces any such notice shall be subject to a penalty.

Authorization display required. Any person shall, upon request of any police officer or the Superintendent of Schools or the principal or other person in charge of any school building or school grounds under the jurisdiction of said School Board, display any written authorization to be present therein or thereon which may be in his possession or otherwise explain such facts as constitute "authorized person" status, defined in Subsection B above.

§ 278-8 Consumption of alcohol beverages on public property and parking lots.

Definitions. As used in this section, the following terms shall have the meanings indicated:

LICENSED PREMISES

The area within a building or structure which is licensed pursuant to Chapter 223 of this Code, but not including parking lots, sidewalks, roadways or land which is adjacent to the building or structure and within the property boundary lines.

PUBLIC PARKING LOT

Any area held out to the public for the parking of motor vehicles, whether such area is publicly or privately owned.

PUBLIC PROPERTY

Any property, including buildings or structures thereon, which is owned, leased or operated by the City, or public, private or parochial schools; public sidewalks; roadways and streets; playgrounds; parks; and alleys.

Conduct prohibited. No person shall consume any alcohol beverage in or upon any public property or public parking lot.

Conduct prohibited outside licensed premises. No person who has purchased alcohol beverages from any licensed premises shall consume said beverages outside of, but within the property boundary lines of, such premises.

Exceptions.

The prohibitions in Subsections B and C above shall not apply to those events or activities which are otherwise permitted or licensed pursuant to Chapter 223 of this Code.

The prohibition in Subsection B above shall not apply to a school-sponsored activity when specifically permitted in writing by the school administrator.

The prohibitions in Subsections B and C above shall not apply to those persons who transport unopened alcohol beverages from a point of purchase to their destination unless it is in violation of § 346.93, Wis. Stats.

The prohibitions in Subsection B above shall not apply to fermented malt beverages consumed in Firemen's Park, except that no glass bottles may be brought into said park.

(5)

The prohibitions in Subsection B above shall not apply to alcoholic beverages consumed at private events at the Waterloo Regional Trailhead.

[Added 8-6-2015 by Ord. No. 2015-05]

§ 278-9 Littering.

Prohibited. No person shall deposit any mud, glass, refuse or waste, filth or other litter upon the streets, highways, alleys, parks or other property of the City or upon any private property or into or upon any body of water or stream within the City.

Penalty. Any person found guilty of violating this section shall be subject to a forfeiture, as provided in Chapter 1, § 1-4 of this Code, plus the cost of cleanup. Each day a violation continues shall constitute a separate violation.

§ 278-10 Open cisterns, wells or other dangerous openings.

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.

§ 278-11 Abandoned or unattended iceboxes.

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.

§ 278-12 Destruction of property.

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 City or its departments or to any private person without the consent of the owner or proper authority.

Destroy or remove any tree or shrub planted in any downtown sidewalk, tree lawn or City park without consent of the proper City department.

[Amended 9-20-2007 by Ord. No. 2007-18]

No person shall remove or destroy any flowers planted on any City property, including the Wildflower Sanctuary at Firemen's Park, without the consent of the proper City department.

§ 278-13 Theft or damage of library materials.

Return required. No person shall fail, on demand, to return any book, periodical, pamphlet or other article of property belonging to or in charge of the Waterloo Public Library, according to the rules and regulations duly made and adopted by the Library Board.

Unlawful taking prohibited.

No person shall take or remove from the library any of the aforesaid materials or property without first having it charged out to him, as provided by said rules and regulations.

Whoever intentionally takes and carries away, transfers, conceals or retains possession of the aforesaid materials and property without the consent of the library staff and with intent to deprive the library permanently of the possession thereof may be penalized hereunder. The intentional concealment thereof which continues beyond the checkpoint of the library is evidence to deprive the library permanently of possession of such materials and property. The discovery thereof upon the person or among the belongings of such person or of another is evidence of intentional concealment.

A library staff member who has probable cause for believing that a person has violated this section in his presence may detain such person in a reasonable manner for a reasonable length of time to deliver him to a police officer, or to his parent or guardian in the case of a minor. The detained person must promptly be informed of the purpose of his detention and shall be permitted to make telephone calls, but he shall not be interrogated or searched against his will before the arrival of a police officer who may conduct a lawful interrogation of the accused person. Library staff members complying with this section shall be entitled to the same defense in any action as is available to a peace officer making an arrest in the line of duty.

Removal of charge card pocket prohibited. No person shall remove the charge card pocket or charge card affixed to the inside cover of a library book.

Mutilation of library materials prohibited. A person shall not mutilate or damage a library book or library materials by tearing or cutting out pages, portions or excerpts, or in any other manner, but shall return the book or material in the same condition it was received.

Library book fine to be paid. No person shall fail to pay, on demand, any library book fine.

§ 278-14 Violations and penalties.

[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.

§ 278-15 Synthetic chemical cannabinoid prohibited.

[Added 1-6-2011 by Ord. No. 2011-01]

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.

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:

(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;

1-Pentyl-3-(1-naphthoyl) indole – some trade or other names: JWH-018\spice;

1-butyl-3-(1 naphthoyl) indole – some trade or other names: JWH-073;

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.

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.

Penalties.

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.

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.

§ 278-16 Trapping of animals.

[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.

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.

Traps.

Cable restraints, foothold or leghold traps shall be prohibited.

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.

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.