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Public Peace & Good Order 8.03

Public Peace & Good Order Chapter 16

Zoning 21

8.03 OFFENSES ENDANGERING PUBLIC PEACE AND GOOD ORDER

8.03(1) DISORDERLY CONDUCT PROHIBITED

No person shall within the City:

(a) In any public or private place engage in violent, abusive, indecent, profane, boisterous, unreasonable, loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of the 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.
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8.03(2) INTOXICATING LIQUORS

(a) Definitions:
1. "Fermented malt beverages" shall mean any liquor or liquid capable of being used for beverage purposes, made by the alcoholic fermentation of an infusion in potable water of barley, malt and hops, with or without un-malted grains or de corticated and de-germinated grains or sugar containing one-half of 1 percent or more of alcohol by volume.
2. "Intoxicating Liquors" means al ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing one-half of 1 percent or more of alcohol by volume, which are fit for use of beverage purposes.
(b) It shall be unlawful for a person under the age of 21 years to possess intoxicating liquors, or to possess fermented malt beverages unless said person is accompanied by a parent, guardian or adult spouse.
(c) It shall be unlawful for a person under the age of 21 years to procure, seek to procure, knowingly possess or consume in public any fermented malt beverage or intoxicating liquor.
(d) It shall be unlawful for a person to represent that he is of age for the purpose of asking for or receiving any intoxicating liquors or fermented malt beverages from any keeper of any place for the sale of intoxicating liquors or fermented malt beverages.
(e) Any person who shall violate this subsection shall upon conviction be subject to a forfeiture of not less than $25.00 nor more than $200.00 for each offense.
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8.03(3.1) OPERATION OF MOTOR VEHICLES ON CITY PROPERTY

RESTRICTED

No person shall operate a motor vehicle, defined as a vehicle which is self-propelled; and an all-terrain vehicle as that term is defined in Section 340.01(2g), Wis Stats. on any City property. This Ordinance shall not apply to the normal use of the City Hall Parking Lot, City Streets and Alleys and snowmobile operation as said snowmobile operation is allowed pursuant to Section 4.15(3) of this Code.

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8.03(3) DISORDERLY CONDUCT WITH A MOTOR VEHICLE

(a) No person shall, on public or private property located within the City, by or through the use of a motor vehicle, motorcycle, snowmobile or minibike, under circumstances which tend to cause or provoke a disturbance or annoy one or more persons, engage in violent, abusive, unreasonably loud or otherwise disorderly conduct, including but not limited to the unnecessary, deliberate or intentional spinning of wheels, squealing of tires, revving of the engine, blowing the horn, causing the engine to backfire, or causing the vehicle while commencing to move or in motion to raise one or more of it's wheels of the ground.
(b) Any person who shall violate this subsection shall upon conviction be subject to a forfeiture of not less than $25.00 nor more than $200.00 for each offense.
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8.03(4) LOUD AND UNNECESSARY NOISE PROHIBITED

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 another in or about any public street, alley or any private residence.

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8.03(5) UNAUTHORIZED PRESENCE AND DISORDERLY CONDUCT ON SCHOOL PROPERTY

(a) It shall be unlawful for any student who is under suspension, expulsion, or other discipline excluding him from attending any school located within the City or for any person not a student presently enroled to attend such schools or not an employee of such schools or not a parent or guardian of a student so enrolled, or not an otherwise "authorized person", to be present within any school building or upon any school grounds under the jurisdiction of such schools 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 such authorization;
(b) "Authorized Person" shall include:
1. Any person who is present at any school building or school grounds for any purpose previously authorized by the school or their designee.
2. Any person transporting a student and who utilizes the driveway specified for loading and unloading personnel.
3. Any person utilizing a designated area for attending an athletic or other organized school event.
(c) No person shall, in or on any school property or building located within the City engage in violent, abusive, indecent, profane, boisterous, unreasonable, loud and otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of the public order or tends to disturb or annoy any other person; nor shall such person intentionally engage in any fight, brawl, riot or noisy altercation other than a bonafide athletic contest.
(d) Non students, students from schools other than the school on the property or students from a school who are not in compliance with the published rules and regulations of the particular school shall be considered in violation of this subsection, said published rules and regulations of the particular school being incorporated herein as is fully set forth herein.
(e) All entrances to the school buildings referred to in par.
(a) shall be posted with a notice stating "Entry into school building by Authorized Persons Prohibited"
(f) Unauthorized presence shall include any vehicle that is found on school property which has not received permission to be there or those occupants or owners are not on school property for some legitimate business or activity or is parked in an area that regulates parking to certain authorized vehicles. Such vehicle may be issued a City Summons that regulates parking or may be towed away at the direction of the school principal or person in charge of the school building. The Police Department may also have the vehicle towed away which, because of its location, creates a hazard to life or property.
(g) Any person who shall violate any of the provisions of this subsection shall upon conviction be subject to a forfeiture of not less than $25.00 nor more than $500.00 for each offense.
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8.03(6) MARIJUANA, POSSESSION AND USE

(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.
(b) It shall be unlawful for any person to possess, deliver, sell, or use marijuana or a marijuana derivative. This subsection 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 subsection for a first offense.
(c) Any person who shall violate any provision of the subsection shall upon conviction be subject to a forfeiture of not less than $25.00 nor more than $500.00 for the first offense. Any person convicted of a second or subsequent offense under this subsection may be fined an amount uo to twice that otherwise authorized.
(d) This subsection 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 while acting in the course of this professional practice. However, the burden of proof to prove such exception shall be on the person claiming it.
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8.05 CURFEW

(1) No person who is under the age of 16 years shall loiter, idle or remain in or upon any streets, alleys or public places in the City between 9:00 p.m. and 5:00 a.m. unless such a child is accompanied by a parent, guardian or some person of lawful age having legal custody of such child, or unless is going home from school activities or unless his employment kames it necessary for him to be upon said streets, alleys or public places in which case this subsection shall not apply.
(2) Any person who shall violate this section shall upon conviction by subject to a forfeiture of not less than $25.00 not more than $100.00 for each offense.
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8.051 LOITERING OR PROWLING

(1) No person may loiter or prowl in a place, at a time, or in a manner not usual for a law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vacantly. Among 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 officer, refuses to identify himself/herself, or manifestly endeavors to conceal himself/herself or any object. Unless flight by the actor or other circumstances makes it impractical, police 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/her to identify himself/herself and explain his/her presence and conduct. No personal shall be convicted of an offense under this Section if the 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 peace officer at the time, would have dispelled the alarm.
(2) Any person who shall violate the Section shall upon conviction be subject to a forfeiture of not less then $25.00 nor more than $100.00 for each offense.

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16-161. Sexual Offender Residency Restrictions.  (legal document)

  1. Findings and Intent. 
    1. Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. 
    2. It is the intent of this ordinance not to impose a criminal penalty, but rather to serve the City’s compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. 
  2. Definitions. The following words, terms and phrases, when used in this ordinance, shall  have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning: 
    1. Child. A person under the age of 16 for the purposes of this ordinance. 
    2. Designated Offender. Any person who is required to register under Wis. Stat. §301.45 for any sexual offense against a child or any person who is required to register under Wis. Stat. §301.45 and who has been designated a Special Bulletin Notification (SBN) sex offender pursuant to Wis. Stat. §301.46(2) & (2m). 
    3. Minor. A person under the age of 17. 
    4. Permanent Residence. A place where the person abides, lodges or resides for fourteen (14) or more consecutive days.  
    5. Temporary Residence. A place where the person abides, lodges, or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person’s permanent address, or a place where the person routinely abides, lodges, or resides for a period of four (4) or more consecutive or non-consecutive days in any month and which is not the person’s permanent residence. 
  3. Sexual Offender and Sexual Predator Residence Prohibition; Penalties; Exceptions. 
    1. Prohibited Location of Residence. It is unlawful for any designated offender to establish permanent residence or temporary residence within 1,000 feet of any school, licensed day care center, park, trail, playground, place of worship, or any other place designated by the City as a place where children are known to congregate. 
    2. Prohibited Activity. It is unlawful for any designated offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no non-familial children are present, are exempt from this paragraph. 
    3. Measurement of Distance. 
      1. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of a school, licensed day care center, library, park, trail, playground, place of worship, or any other place designated by the City where children are known to congregate. 
      2. The City Clerk shall maintain an official map showing prohibited locations as defined by this ordinance. The Clerk shall update the map at least annually to reflect any changes in the location of prohibited zones. These shall be designated on the map as child safety zones. 
    4. Penalties. A person who violates this section shall be punished by a forfeiture not exceeding $500.00. Each day a person maintains a residence in violation of this ordinance constitutes a separate violation. The City may also seek equitable relief. 
    5. Exceptions. A designated offender residing within a prohibited area as described in Section C. (1) does not commit a violation of  this section if any of the following apply: 
      1. The person established the permanent residence or temporary residence and reported and registered the residence pursuant to Wis. Stat. §301.45 before the effective date of this ordinance. 
      2. The person is a minor and is not required to register under Wis. Stat. §301.45 or §301.46.
      3. The school, licensed day care center, library, park, trail, playground, place of worship, or any other place designated by the City as a place where children are known to congregate within 1,000 feet of the persons permanent or temporary residence was opened after the person established the permanent or temporary residence and reported and registered the residence pursuant to Wis. Stat. §301.45.
      4. The residence is also the primary residence of the person’s parents, grandparents, siblings, spouse, or children provided that such parent, grandparent, sibling, spouse or child established the residence at least two (2) years before the designated offender established residence at the location.
  4. Property Owners Prohibited from Renting Real Property to Certain Sexual Offenders and Sexual Predators; Penalties.
    1. It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a temporary or permanent residence by a person prohibited from establishing such permanent or temporary residence pursuant to this ordinance, if such place, structure, part thereof, trailer or conveyance is located within a prohibited location zone described in C. (1).
    2. A property owner’s failure to comply with the provisions of this Section shall constitute a violation of this Section, and shall subject the property owner to the penalties contained in Section C. (4) of this ordinance.
  5. Property Owners and Sales Agents Prohibited from Selling Real Property to Certain Sexual Offenders and Sexual Predators; Penalties.
    1. It is unlawful for any owner, real estate broker, or real estate sales person to participate in the sale of any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a temporary or permanent residence by a person prohibited from establishing such permanent or temporary residence pursuant to this ordinance, if such place, structure, part thereof, trailer or conveyance is located within a prohibited location zone as described in Section C. (1).
    2. Failure to comply with the provisions of this section shall constitute a violation of this section, and shall subject the person violating this section to the code enforcement provisions procedures as provide in this ordinance.
  6. Appeal. The above requirements may be waived with the approval of the Council upon appeal by the affected party. Such appeal shall be made to the Sexual Predator Ordinance Committee who shall receive reports from the Police Department on such appeal.  Said Committee shall have authority to make the decision on the applicant’s appeal, with said decision to be final.  The Chair of said Committee shall report to the Council on the action taken by the Committee, but said report shall be for informational purposes only.
  7. Repeal of Inconsistent Ordinances. All existing ordinances, parts of ordinances, and amendments thereto in conflict with any of the provisions of this ordinance are hereby repealed.
  8. Severability. The provisions of this ordinance shall be deemed severable and it is expressly declared that the Common Council would have passed the other provisions of this ordinance irrespective of whether or not one or more provisions may be declared invalid. If any provisions of this ordinance or the application to any person or circumstance is held invalid, the remainder of the ordinance or the application of such other provisions to other persons or circumstances shall not be affected.

21-14  Nonconforming use of land (C) is hereby repealed and recreated to read as follows:

Upon the effective date of adoption or amendment of this chapter, if a use of land or structure exists which would not be permitted or permissible in the district in which it is located, such use may be continued subject to the following restrictions:

A.  Such use shall not be enlarged, increased or extended to occupy a greater area of the lot or structure that was occupied on the effective date of adoption or amendment of this chapter.
B.   Such use shall not be moved in any part to any other portion of the lot or structure other than that portion occupied by such use on the effective date of adoption or amendment of this chapter.
C.   When such use of land is discontinued or abandoned for any period of time, for any reason whatsoever or when such use of land is replaced by a permitted use, a nonconforming use shall not be resumed.  If a nonconforming structure is vacated for any period of time for any reason whatsoever, including change of tenants, or when such use of a structure is replaced by a permitted use, a non-conforming use shall not be resumed.   The exception is residential buildings located within the business-commercial area that were originally constructed for residential purposes.
D.    No additional structure in connection with such use shall be erected.

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 21-36, Swimming pools, is hereby repealed and recreated to read as follows:

(A)     General requirements.   All Swimming pools shall be completely enclosed by a fence of not less than five (5) feet or more than six (6) feet in height.  Gates shall be provided with locking devices.  Swimming pools shall be set back at least five (5) feet from the side or rear lot lines and from any other structure excluding a deck.  Swimming pools require a fence and swimming pool permit.  Swimming pools which are erected shall conform to the National Electrical Code, Article 680, Swimming Pools, Fountains and Similar installation.  Fencing shall be erected within five (5)days of completion of the pool.
(B)     Permits.  A swimming pool shall require a swimming pool and fence permit.  Before a permit can be issued, a site plan is to accompany the permit application, which shows the location of the pool on the lot and it's relationship to structures.  Said permit shall not be issued until Digger's Hotline has been contacted and has notified the property owner as to the existence and/or location of utilities on the property or the nonexistence of utilities.  Said plan shall also include a description of the size, depth, volume and location of the pool and shall describe the type of fencing and gate location also showing existing overhead wiring relative to the proposed pool. 

Once the application has been properly completed and fee paid, the permit shall be issued by the building inspector.

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This page was last updated 11/5/2007