Chapter 9.15
OFFENSES AGAINST PUBLIC SAFETY AND PEACE
Sections:
9.15.010 Discharge of firearms and explosives.
9.15.020 Carrying concealed weapons restricted.
9.15.030 Throwing or shooting of arrows, stones and other missiles prohibited. Revised 8/18
9.15.040 Harassing or obscene telephone calls.
9.15.050 Sale and discharge of fireworks restricted.
9.15.060 Obstructing streets and sidewalks prohibited.
9.15.070 Loitering prohibited.
9.15.080 Loud and unnecessary noise prohibited.
9.15.100 Possession of controlled substances.
9.15.110 Unauthorized presence on school property prohibited.
9.15.120 Failure to obey lawful order.
9.15.130 Highway obstructions.
9.15.140 Isobutyl nitrate prohibited.
9.15.010 Discharge of firearms and explosives.
(a) Discharge and Possession of Firearms Regulated. No person except a law enforcement officer in the performance of an official duty or the holder of a valid permit issued pursuant to Sections 941.23 and 175.60 of the Wisconsin Statutes and acting in self defense, shall fire or discharge any firearm, rifle, spring gun, air gun, or pneumatic pellet gun of any description, blowgun, or bow and arrow, within the village of Arena.
(b) Shooting into Village Limits. No person shall in the territory adjacent to the village of Arena discharge any firearm in such manner that the discharge shall enter or fall within the village.
(c) Shooting Ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the village board after an advisory recommendation from the police committee and where proper safety precautions are taken.
(d) Explosive Devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the village of Arena without first obtaining a permit to do so from the village board.
(e) Hunting Prohibited. Hunting is prohibited within the corporate limits of the village of Arena.
(f) Definitions. For purposes of this section, a “firearm” is defined as any device from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring, or other similar mechanical device or gun powder. [Ord. dated 7/13/12. Prior code § 9-2-1].
9.15.020 Carrying concealed weapons restricted.
(a) No person shall within the village of Arena wear or in any manner carry under his or her clothing or conceal upon or about his or her person any deadly or dangerous weapon, provided this provision shall not apply to a law enforcement officer or such persons as are authorized to carry such weapons pursuant to Sections 941.23 and 175.60, Wis. Stats.
(b) “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 in this definition. [Ord. dated 7/13/12. Prior code § 9-2-2].
9.15.030 Throwing or shooting of arrows, stones and other missiles prohibited.
It shall be unlawful for any person to discharge or throw by any means other than unassisted human movement any missile, object, or arrow capable of causing substantial human injury or property damage within the village; except (a) at a location properly licensed or zoned for such activity, or (b) upon written application to the police department a person may be granted permission by the police department to use the police weapons range, located within the village limits, for authorized archery shooting. The police department shall oversee all requests for the use of the range and ensure that such access will not endanger the public’s health and safety. [Ord. dated 8/7/18 #3 § 1; Ord. dated 7/2/13 #2. Prior code § 9-2-4].
9.15.040 Harassing or obscene telephone calls.
Whoever does any of the following acts shall be subject to the general penalty as provided in this municipal code:
(a) Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious or indecent;
(b) 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;
(c) Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers;
(d) Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers;
(e) Knowingly permits any telephone under his control to be used for any purpose prohibited by this section;
(f) In conspiracy or concerted action with other persons, makes repeated calls or simultaneous calls solely to harass any person at the called number or numbers. [Prior code § 9-2-5].
9.15.050 Sale and discharge of fireworks restricted.
(a) No person shall sell, expose or offer for sale, use, keep, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the village unless he shall be authorized by a fireworks permit as provided in Chapter 5.15 AMC. The term “fireworks” as used in this section shall be defined as provided in Section 167.10(1), Wis. Stats., and shall be deemed to include all rockets or similar missiles containing explosive fuel.
(b) No person shall possess, ignite or use any type of spark- or flame-emitting fireworks on public rights-of-way or in village parks without a fireworks permit. [Prior code § 9-2-6].
9.15.060 Obstructing streets and sidewalks prohibited.
(a) 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.
(b) 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.
(c) 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.
(d) Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
“Block” means 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” means any sidewalk owned or maintained by the village. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property. [Prior code § 9-2-7].
9.15.070 Loitering prohibited.
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 makes 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. [Prior code § 9-2-8].
9.15.080 Loud and unnecessary noise prohibited.
(a) 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.
(b) 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:
(1) Horns, 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 unreasonably 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.
(2) Radios, Phonographs, Similar Devices. The using, operating or permitting to be played, used or operated 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.
(3) Loudspeakers, 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.
(4) Animals, Birds. The keeping of any animal or bird which by causing frequent or long continued unnecessary noise.
(5) 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 motor boat 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 10:00 p.m. on weekdays; provided, however, 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 10:00 p.m. to 7:00 a.m.
(8) Schools, Courts, Churches, 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.
(9) Exceptions. The provisions of this section shall not apply to:
a. Any vehicle of the village while engaged in necessary public business.
b. 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 renders 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.
(c) Stationary Noise Limits.
(1) Maximum Permissible Sound Levels.
a. Noise from a stationary source shall not exceed the following standards for maximum sound pressure levels measured at the property line.
|
Zone |
Noise Rating – Daytime |
Noise Rating – Nighttime |
|---|---|---|
|
Residential |
60 db |
50 db |
|
Commercial |
70 db |
70 db |
|
All Other Zones |
75 db |
75 db |
b. 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 five 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 (a) of this section, if the subject noise consists primarily of a pure tone or if it is impulsive in character.
(2) Construction Noise. Construction equipment in any zone may be operated between the hours of 7:00 a.m. to 7:00 p.m.; 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.
(3) 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.
(4) Operation of Certain Equipment. Lawnmowers, chainsaws, 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.
(5) Exemptions. Operation of emergency equipment shall be exempt from this chapter. Snowblowers not operated on a commercial basis shall be exempt from this chapter 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.
a. Equipment. Noise measurement shall be made with a sound level meter.
b. 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 chapter for existing industries.
(d) Permits for Amplifying Devices.
(1) 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 clerk.
(2) Grounds or Reasons for Denial or Allowance. A police officer 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.
(3) Time Restrictions. The clerk shall not grant a permit to use a loudspeaker or amplifying device before the hours 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 clerk, uses said loudspeaker or amplifying device in such a manner or for such a purpose as to constitute a nuisance. [Prior code § 9-2-9].
9.15.090 Disorderly conduct.
(a) Disorderly Conduct Prohibited. No person within the village shall:
(1) 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.
(2) Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
(b) 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 by emitting unnecessary and loud muffler noise. Operators shall maintain proper control of their motor vehicles.
(c) 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. [Prior code § 9-2-10].
9.15.100 Possession of controlled substances.
(a) Controlled Substances. No person shall possess, possess with intent to sell, use, provide or offer any substance prohibited by the Uniform Controlled Substances Act, Chapter 161, Wis. Stats.
(b) Possession of Marijuana. For the purpose of this subsection, the following definitions shall apply:
“Marijuana” means all parts of the plant Cannibis 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. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake or the sterilized seed of the plant which is incapable of germination.
“Practitioner” means:
(1) A physician, dentist, veterinarian, podiatrist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this village.
(2) A pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in this village.
It is unlawful for any person to possess and/or use 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 Chapter 161, Wis. Stats.
(c) Drug Paraphernalia. The provisions of Sections 161.571 through 161.577, Wis. Stats., regarding drug paraphernalia are adopted and incorporated herein by reference. [Prior code § 9-2-11].
State law reference: Chapter 161, Wis. Stats.
9.15.110 Unauthorized presence on school property prohibited.
(a) It shall be unlawful for any person, except as provided in subsection (b) of this section, 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.
(b) This section shall not apply to:
(1) 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;
(2) 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;
(3) Parents or legal guardians of a regularly enrolled student. However, such parent or legal guardian may be required to register at the school office.
(c) The exceptions set forth in subsection (b) of this section 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.
(d) 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.” [Prior code § 9-2-12].
9.15.120 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. [Prior code § 9-2-13].
9.15.130 Highway obstructions.
(a) 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 realizes that he or she thereby creates such risk and probability.
(b) 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 interurban railways, any navigable waterway or airport, and sidewalks and pedestrian ways. [Prior code § 9-2-14].
9.15.140 Isobutyl nitrate prohibited.
No person shall manufacture, possess, use, dispense, sell or hold for sale any isobutyl nitrate, or any compound or mixture or preparation containing significant amounts of isobutyl nitrate (commonly sold under the name “Rush”). [Prior code § 9-2-15].