CHAPTER 9 PEACE AND ORDER

Transcription

1 CHAPTER 9 PEACE AND ORDER 9.01 Regulating Hunting and Discharge of Firearms Throwing or Shooting Missiles and Projectiles (Reserved) Obstructing Streets and Sidewalks Prohibited Loud and Unnecessary Noise Prohibited Loitering Abandoned or Unattended Refrigerators, Etc., Prohibited Loitering in School and Playground Areas Prohibited Consumption and Possession of Intoxicating Liquors or Fermented 9-3 Malt Beverages on Public Ways and Public Property 9.10 Drug Paraphernalia Sexually-Oriented Adult-Entertainment Establishment License (Reserved) Offenses Against State Law Subject to Forfeiture of the Municipal Code Possession of Synthetic Cannabinoid or Salvia Prohibited A School Bus Warning Lights B Firearms Restricted in Certain Village Buildings Penalty

2 9.01 REGULATING HUNTING AND DISCHARGE OF FIREARMS. (Adopted 01/18/77, Amended 08/18/82, Amended 1994). There shall be no hunting or discharge of firearms on any lands within the corporate limits of the Village without permission of the owner of the land. Any person hunting on land in the Village not owned by him shall, except when accompanied by the owner of such land or an officer in the discharge of his duty, carry on his person a permit signed by such owner expressly granting permission to him for such hunting or discharge of firearms. (1) DEFINITIONS. For the purpose of this chapter, certain words and phrases shall be defined as follows: Firearms. A rifle of any caliber, air rifle, shotgun of any gauge, pistol or revolver of any gauge. Recorded Subdivision. Any subdivision of land within the Village laid out and established in accordance with the provisions of Ch. 236, Wis. Stats., or in accordance with existing ordinances of the Village relating to land divisions. (2) PROHIBITED USE OF FIREARMS. No person shall discharge any firearm in any area so designated on the Village map. Remaining areas of the Village shall be governed by the handbook, Wisconsin Hunting Regulations issued by the Wisconsin Department of Natural Resources. (3) UNCASED. The carrying of all uncased firearms and uncased or strung bows within the Village is prohibited in the areas located on the map available in the Village Clerk s Office. (4) EXCEPTIONS. Unless otherwise indicated, the prohibitions of this section shall not apply to persons who are acting pursuant to lawful appointment or election as federal officers or peace officers of the State, county or Village. (5) PARENTAL RESPONSIBILITY. If a minor violates this section, his parent or guardian may be held responsible for the violation in the same manner as if the parent or guardian had violated the same, and ignorance of such violation shall not be a defense; prosecution of the parent or guardian shall not be a bar to prosecution of the minor THROWING OR SHOOTING MISSILES AND PROJECTILES. (Adopted 01/18/77, Amended 08/18/82, Amended 1994). No person shall carry or cause to be discharged any air gun, BB gun, pellet gun, gas operated gun, sling shot or similar dangerous missile in any prohibited area within the Village nor 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 (Reserved) Revisor s Note: Section 9.03 related to sale and discharge of fireworks restricted was repealed on 8/27/08. Please refer to Chapter 5, Fire Protection, Section 5.70, Restrictions on Sales and Use of Fireworks OBSTRUCTING STREETS AND SIDEWALKS PROHIBITED. 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 to or egress from any place of business or amusement or any church, public hall or meeting place LOUD AND UNNECESSARY NOISE PROHIBITED. (1) No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises which may annoy or disturb a person of ordinary sensibilities in or about any public street, alley or park or any private residence. 9-2

3 (2) No person shall make unnecessary and annoying noise with a motor vehicle by squealing tires, excessive acceleration of engine or by emitting unnecessary and loud muffler noises LOITERING. (1) LOITERING OR PROWLING 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 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. (2) OBSTRUCTION OF TRAFFIC BY LOITERING. No person shall loaf or loiter in a group or crowd 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 the public streets, alleys, sidewalks, street crossings or bridges, or other public places by persons passing along and over the same ABANDONED OR UNATTENDED REFRIGERATORS, ETC., PROHIBITED. 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 ice box, 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 unless the door or lid, snap lock or other locking device has been removed from the ice box, refrigerator or container, or unless the container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened LOITERING IN SCHOOL AND PLAYGROUND AREAS PROHIBITED. No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand or play in any school building, or in or about any playground area adjacent thereto, within the Village between 8 a.m. and 4 p.m. on official school days CONSUMPTION AND POSSESSION OF INTOXICATING LIQUORS OR FERMENTED MALT BEVERAGES ON PUBLIC WAYS AND PUBLIC PROPERTY. (1) No person shall consume any intoxicating liquor or fermented malt beverage upon the public highways, streets, alleys, sidewalks, street crossings, bridges, public parks or parking lots or premises held out to the public for use of their motor vehicles, whether the premises are publicly or privately owned, in the Village except for approved community functions or events where authorized by specific resolution of the Village Board. (2) All purchases of intoxicating liquor or fermented malt beverage by the glass or in open containers shall be consumed on the licensed premises where served, and shall not be removed therefrom to any public highway, street, alley, sidewalk, street crossing, bridge, public park, parking lot or premises held out to the public for use of their motor vehicles, whether the premises are publicly or privately owned, within the Village. (3) No person shall bring upon, use, consume, sell or convey any intoxicating liquor or fermented malt beverage in or upon any property, building or other structure which is owned or under the control of the Village except in such places as may be designated by the Village and in accordance with the rules and regulations as may be from time to time adopted by the Village Board. 9-3

4 9.10 DRUG PARAPHERNALIA. (Amended ). (1) DEFINITION. In this section "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance as defined in Ch , Wis. Stats., or any subsequent statutory revisions regarding definitions related to controlled substances, in violation of this section. It includes, but is not limited to: (a) Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived. (b) Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances. (c) Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance. (d) Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances. (e) Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances. (f) Diluents and adulterants, such as quinine hydro-chloride, mannitol, mannite, dextrose and lactose used, intended for use or designed for use in cutting controlled substances. (g) Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from or in otherwise cleaning or refining marijuana. (h) Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances. (i) Capsules, balloons, envelopes or other containers used, intended for use or designed for use in packaging small quantities of controlled substances. (j) Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances. (k) Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body. (l) Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body including, but not limited to: 1. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls. 2. Water pipes. 3. Carburetion tubes and devices. 4. Smoking and carburetion masks. 9-4

5 5. Objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand. 6. Miniature cocaine spoons and cocaine vials. 7. Chamber pipes. 8. Carburetor pipes. 9. Electric pipes. 10. Air-driven pipes. 11. Chillums. 12. Bongs. 13. Ice pipes or chillers. (2) DETERMINATION OF DRUG PARAPHERNALIA. In determining whether an object is drug paraphernalia, the following shall be considered: (a) Statements by an owner or by anyone in control of the object concerning its use. (b) Prior convictions, if any, of an owner or of anyone in control of the object under Village, State or federal law relating to any controlled substance. (c) (d) (e) The proximity of the object in time and space to a direct violation of this section. The proximity of the object to controlled substances. The existence of any residue of controlled substances on the object. (f) Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons who the person knows or should reasonably know, intend to use the object to facilitate a violation of this section. The innocence of any owner or of anyone in control of the object as to a direct violation of this section shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia. (g) (h) (i) (j) Oral or written instructions provided with the object concerning its use. Descriptive materials accompanying the object which explain or depict its use. National and local advertising concerning its use. The manner in which the object is displayed for sale. (k) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise. (1) The existence and scope of legitimate uses for the object in the community. (m) Expert testimony concerning its use. 9-5

6 (3) PROHIBITED ACTIVITIES. (a) Possession of Drug Paraphernalia. No person may use or possess with 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 in violation of this section. (b) Manufacture, Sale or Delivery of Drug Paraphernalia. No person may sell, deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia, knowing that it will be 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 in violation of this section. (c) Delivery of Drug Paraphernalia to a Minor. Any person 18 years of age or over who violates par. (b) by delivering drug paraphernalia to a person under 18 years of age is guilty of a special offense. (d) Advertisement of Drug Paraphernalia. No person may place in any newspaper, magazine, handbill or other publication or upon any outdoor billboard or sign any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. (e) Exemption. This subsection does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 161, Wis. Stats. This section does not prohibit the possession, manufacture or use of hypodermics in accordance with Ch. 161, Wis. Stats. (4) PENALTIES. (a) Any drug paraphernalia used in violation of this section shall be seized and forfeited to the Village. (b) Any person who violates paragraphs. (3)(a), (b) or (d) shall, upon conviction, be subject to a forfeiture of not more than $500, together with the costs of prosecution and, upon default of payment, be imprisoned in the County jail or house of correction until the costs are paid, but not to exceed 20 days. (c) Any person who violates par. (3)(c) shall, upon conviction, be subject to a forfeiture of $1,000, together with the costs of prosecution and, upon default of payment, be imprisoned in the County jail or house of correction until the costs are paid, but not to exceed 40 days SEXUALLY-ORIENTED ADULT-ENTERTAINMENT ESTABLISHMENT LICENSE (Created 11/23/93). (1) INTENT. It is the purpose of this section to regulate sexually-oriented adultentertainment established business (hereinafter referred to as adult establishment) to promote the health, safety, morals and general welfare of the citizens of the Village, to aid in the alleviation and prevention of the adverse and deleterious effects of criminal activity and disruption of the public peace associated with such establishments, to prevent the serious health hazards associated with unsafe and unsanitary conditions known to exist in those establishments and to alleviate the spread of sexually transmitted diseases and other contagious diseases in those establishments. (2) DEFINITIONS. For the purpose of this section: Specified sexual activities is defined as: (a) (b) Human genitals in a state of sexual stimulation or arousal; Acts of human masturbation, sexual intercourse, or sodomy; 9-6

7 (c) breasts. Fondling or other erotic touching of human genitals, pubic region, buttock, or female Specific Anatomical areas is defined as: (a) Less than completely and opaquely covered: 1. Human genitals, pubic region; 2. Buttock; 3. Female breasts below a point immediately above the top of the areola. (b) covered. Human male genitals in a discernible turgid state, even if completely and opaquely Sexually-oriented adult-entertainment establishments includes bookstores, motion picture theaters, mini-motion picture theaters, bath houses, modeling studios, body painting studios, and cabarets; and are more specifically defined as: Adult bookstore. An establishment having, as a substantial or significant portion of its stock and trade in books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" as defined herein. Adult motion picture theater. An enclosed building with a capacity of 50 or more persons at which a significant or substantial portion of the material presented is distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined herein for observation by patrons therein. Adult motion picture theater (outdoor). A parcel of land from which individuals may view a motion picture presented out-of-doors which presents material distinguishably characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas". Adult mini-motion picture theater. An enclosed building with a capacity for less then 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" as defined herein for observation by patrons therein. Adult bath house. An establishment or business which provides the service of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State of Wisconsin and which establishment provides to its patrons an opportunity for engaging in "specified sexual activities" as defined in this section. Adult Motel. A hotel, motel, or similar commercial establishment which: (1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or (2) Offers a sleeping room for rent for a period of time that is less then ten (10) hours; or 9-7

8 (3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less then ten (10) hours. Adult modeling studio. An establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise. Adult body painting studio. An establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this ordinance, the adult body painting studio shall not be deemed to include a tattoo parlor. Adult cabaret. (1) An establishment or business which features male and/or female topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers. (2) Any adult cabaret, as defined above, which features such entertainment on a periodic and infrequent basis is considered an adult-entertainment establishment only during those times when the adult entertainment is being presented or the entertainers are on the premises; and all provision of this section shall apply during those presentations. Further, such periodic adult cabaret shall notify the Brown County Sheriff's Department at least 24 hours prior to the date on which such adult entertainment is to take place. (3) Any periodic adult establishment, as defined above, shall be licensed yearly in accordance with the licensing provision hereinafter set forth. Adult novelty shop. An establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on, or designed for, specified sexual activities as defined herein or stimulating such activity. (3) LICENSE REQUIRED. (a) Except as provided in sub.(d) below, from and after the effective date of this section, no adult establishment shall be operated or maintained in the Village without first obtaining a license to operate issued by the Village. (b) A license may be issued only for one (1) adult establishment located at a fixed and certain place. Any person, partnership, or corporation which desires to operate more than one (1) adult establishment must have a license for each. (c) corporation. No license or interest in a license may be transferred to any person, partnership, or (d) All adult establishments existing at the time of the passage of this section must submit an application for a license within 90 days of the passage of this section. If an application is not received within said 90-day period, then such existing adult establishment shall cease operations. (4) APPLICATION FOR LICENSE. (a) Any person, partnership or corporation desiring to secure a license shall make application to the Village Clerk. The application shall be filed in triplicate with and dated by the Village Clerk. A copy of the application shall be distributed within ten (10) days of receipt thereof to the Brown County Sheriff's Department, the applicable Health Department, Building Inspection Division and Planning Department and to the applicant. 9-8

9 (b) The application for a license shall be upon a form approved by the Village Clerk. An applicant for a license, which shall include all partners or limited partners of a partnership applicant, or all officers or directors of a corporate applicant, and any other person who is interested directly in the ownership or operation of the business, shall furnish the following information under oath: 1. Name and address, including all aliases. 2. Written proof that the individual is at least 18 years of age. 3. All residential addresses of the applicant for the past ten (10) years. 4. The business, occupation, or employment of the applicant for the ten (10) years immediately preceding the date of application. 5. Whether the applicant previously operated in this or any other state, county, or city under an adult establishment license or similar business license; whether the applicant has ever had such a license revoked or suspended, the reasons therefor, and the business entity or trade name under which the applicant operated that was subject to the suspension or revocation. 6. All criminal convictions, whether Federal or State, or Village ordinance violation convictions, forfeiture of bond and pleadings of nolo contendere on all charges, except minor traffic violations. 7. Fingerprints and two (2) portrait photographs at least 2" by 2" of the applicant. 8. The address of the adult establishment to be operated by the applicant. 9. If the applicant is a corporation, the application shall specify the name of the corporation, the date and state of incorporation, the name and address of the registered agent, and all officers and directors of the corporation. (5) STANDARDS FOR ISSUANCE OF LICENSE. (a) To receive a license to operate an adult establishment, an applicant must meet the following standards: 1. If applicant is an individual: a. The applicant shall be at least 18 years of age. b. Subject to Ch. 111, Wis. Stats., the applicant shall not have been convicted of or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five (5) years immediately preceding the date of the application. c. The applicant shall not have been found to have previously violated this ordinance within five (5) years immediately preceding the date of the application. 2. If applicant is a corporation: a. All officers, directors, and others required to be named under (d)(2) shall be at least 18 years of age. 9-9

10 b. Subject to Ch. 111, Wis. Stats., no officer, director, or other person required to be named under (d)(2) shall have been convicted of and/or pleaded nolo contendere to a felony or any crime involving, moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five (5) years immediately preceding the date of the application. c. No officer, director, or other person required to be named under (d)(2) shall have been found to have previously violated this section within five (5) years immediately preceding the date of the application. 3. If the application is a partnership, joint venture, or any other type of organization where two (2) or more persons have a financial interest: a. All persons having a financial interest in the partnership, joint venture, or other type of organization shall be at least 18 years of age. b. No persons having a financial interest in the partnership, joint venture, or other type of organization shall, subject to Ch. 111, Wis. Stats., have been convicted and/or pleaded nolo contendere to a felony or any crime involving moral turpitude, prostitution, obscenity, or other crime of a sexual nature in any jurisdiction within five (5) years immediately preceding the date of the application. c. No persons having a financial interest in the partnership, joint venture, or other type of organization shall have been found to have violated any provision of this section within five (5) years immediately preceding the date of the application. (b) No license shall be issued unless the Brown County Sheriff's Department has investigated the applicant's qualifications to be licensed, The results of the investigation shall be filed in writing with the Village Clerk no later than 14 days after the date of the application. (c) The applicable Health Department, Building Inspection Division and Planning Department shall inspect the premises proposed to be licensed to verify compliance with their respective codes and shall report compliance findings to the Village Clerk within 14 days of the date of the application. (d) No license shall be issued unless the applicant provides proof of one of the following: 1. Ownership of a properly zoned building, or parcel of real property upon which a building can be constructed. Proper zoning includes permissible nonconforming use status. 2. A lease on a building which is properly zoned to house the venture. Proper zoning includes permissible nonconforming use status. 3. An option to purchase property which is properly zoned for the venture. Proper zoning includes permissible nonconforming use status. 4. An option to lease property which is properly zoned for the venture. Proper zoning includes permissible nonconforming use status. (6) FEES. A license fee of $250 shall be submitted with the application for a license. Such fee shall be waived if the proposed adult establishment is operating under or has applied for an alcohol beverage license and has paid the alcohol beverage licensing fee thereunder. (7) DISPLAY OF LICENSE OR PERMIT. The license shall be displayed in a conspicuous public place in the adult establishment. 9-10

11 (8) RENEWAL OF LICENSE OR PERMIT. (a) Every license issued pursuant to this section will terminate on December 31 of the year it is issued, unless sooner revoked, and must be renewed before operation is allowed in the following year. Any operator desiring to renew a license shall make application to the Village Clerk. The application for renewal must be filed not later than 60 days before the license expires. The application for renewal shall be filed in triplicate with and dated by the Village Clerk. A copy of the application for renewal shall be distributed by the Village Clerk to the Brown County Sheriff's Department and the applicant. The application for renewal shall be upon a form provided by the Village Clerk and shall contain such information and date, given under oath or affirmation, as is required for an application for a new license. (b) A license renewal fee of $250 shall be submitted with the application for renewal. In addition to the renewal fee, a late penalty of $100 shall be assessed against the applicant who filed for a renewal less than 60 days before the license expires. (c) If the Brown County Sheriff s Department is aware of any information bearing on the operator's qualifications, that information shall be filed in writing with the Village Clerk. (9) DENIAL OF APPLICATION. (a) Whenever an initial application is denied, the Village Clerk, shall, within 14 days of the denial, advise the applicant in writing of the reasons for such action. If the applicant requests a hearing within ten (10) days of receipt of notification of denial, a public hearing shall be held at the next regularly scheduled meeting of the Village Board as hereinafter provided, with said hearing to take place no later than sixty (60) days after the applicant requests said hearing. The Village Board shall then issue a decision within thirty (30) days of said public hearing or said license shall be deemed granted (Amended 01/12/00). (b) Failure or refusal of the applicant to give any information relevant to the investigation of the application or his or her refusal or failure to appear at any reasonable time and place for examination under oath regarding said application or his or her refusal to submit to or cooperate with any investigation required by this section shall constitute an admission by the applicant that he or she is ineligible for such license and shall be grounds for denial thereof by the Village Clerk. (10) SUSPENSION, REVOCATION, OR NON-RENEWAL OF LICENSE. (a) Revocation and Suspension. The license granted herein may be revoked or suspended for up to six (6) months or nonrenewed by the Village Board as follows: 1. If the applicant has made or recorded any statement required by this section knowing it to be false or fraudulent or intentionally deceptive; 2. For the violation of any provision of this section, except for establishment license matters involving violations of Village codes, in which the license shall be revoked after the second conviction thereof in any license year; 3. After one (1) conviction of any establishment personnel of an offense under Ch. 944, Wis. Stats., or of an offense against the person or property of a patron of the property or of an offense involving substances in Sub. II of Ch. 161, Wis. Stats., where there is shown the participation or knowledge of any other establishment personnel or of any individual within the business structure of the applicant. (b) Notice and Hearing. No license shall be revoked, suspended, or not renewed by the Village Board except upon due notice and hearing to determine whether grounds for such action exist. Such hearing shall be held before the Planning Committee. Notice of such hearing shall be in writing and shall state the grounds of the complaint against the licensee. The notice shall be served upon the licensee at least 15 days prior to the date of the hearing and shall state the time and place thereof. The licensee shall be entitled to be heard, to be represented by counsel, to cross-examine opposing witnesses, to present witnesses on his or her own behalf under subpoena by the Village Board if such is required, and the hearing may be stenographically recorded at the licensee's option and expense. At the 9-11

12 conclusion of such hearing, the Planning Committee shall submit a report to the Village Board including findings of fact and conclusion of law and a recommendation as to what, if any, action the Village Board should take. The Planning Committee shall provide the complainant and licensee with a copy of the report. The Planning Committee shall then file its findings of fact and conclusions of law with the Village Clerk. Either the complainant or licensee may file an objection to the report and have the opportunity to present arguments supporting the objection to the Village Board. The Village Board shall determine whether arguments shall be presented orally or in writing, or both. If the Village Board, after arguments presented by the complainant or the licensee, finds the complaint to be true, or if there is no objection to a report recommending suspension or revocation, the license shall be suspended or revoked as provided in sub. (a) hereinabove. The Village Board shall decide the matter and shall prepare a written decision which shall be filed with the Village Clerk and a copy thereof delivered to the licensee and complainant within 20 days after its decision. (11) PHYSICAL LAYOUT OF ADULT ESTABLISHMENTS. Any adult establishment having available for customers, patrons or members any booth, room or cubicle for the private viewing of any sexually-oriented adult entertainment must comply with the following requirements: (a) Access. Each booth, room, or cubicle shall be totally accessible to and from aisles and public areas of the adult establishments and shall be unobstructed by any door, lock, or other control-type devices. (b) Construction. Every booth, room, or cubicle shall meet the following construction requirements: 1. Each booth, room or cubicle shall be separated from adjacent booths, rooms, cubicles, and any non-public areas by a wall. 2. Have at least one (1) side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying same. 3. All walls shall be solid and without any openings, extended from the floor to a height of not less then 6' and be light colored, non-absorbent, smooth textured and easily cleanable. 4. The floor must be light colored, nonabsorbent, smooth textured, and easily cleanable. 5. The lighting level of each booth, room, or cubicle, when not in use, shall be a minimum of ten (10) foot-candles at all times, as measured from the floor. (c) Occupants. Only one (1) individual shall occupy a booth, room or cubicle at any time. No occupant of same shall engage in any type of sexual activity, cause any bodily discharge or litter while in the booth. No individual shall damage or deface any portion of the booth. (12) RESPONSIBILITIES OF THE OPERATOR. (a) The operator shall maintain a register of all employees, showing the name and aliases used by the employee, home address, birth date, sex, telephone numbers, Social Security Number, and date of employment and termination. The above information on each employee shall be maintained in the register on the premises for a period of three (3) years following termination. (b) The operator shall make the register of employees available immediately for inspection by police upon demand of a member of the Brown County Sheriff's Department at all reasonable times. 9-12

13 (c) Every act or omission by an employee constituting a violation of the provisions of this section shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge, or approval of the operator, or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for such act or omission in the same manner as if the operator committed the act or caused the omission. (d) Any act or omission of any employee constituting a violation of the provisions of this section shall be deemed the act or omission of the operator for purposes of determining whether the operator's license shall be revoked, suspended, or renewed. (e) No employee of an adult-entertainment establishment shall allow any minor to loiter around or to frequent an adult entertainment establishment or to allow any minor to view sexually-oriented adult entertainment as defined herein. (f) The operator shall maintain the premises in a clean and sanitary manner at all times. (g) The operator shall maintain at least ten (10) foot-candles of light in the public portion of the establishment, including aisles, at all times. However, if a lesser level of illumination in the aisles shall be necessary to enable a patron to view the adult entertainment in a booth, room or cubicle adjoining an aisle, a lesser amount of illumination may be maintained in such aisles provided, however, at no time shall there be less than one (1) foot-candle of illumination in said aisles, as measured from the floor. (h) The operator shall ensure compliance of the establishment and its patrons with the provisions of this section. (i) The operator shall ensure that there is conspicuously posted inside each booth, stall, partitioned portion of a room or individual room an unmutilated and undefaced sign or poster supplied by the Health Department which contains information regarding sexually transmitted diseases and the telephone numbers from which additional information can be sought. (j) The operator shall ensure there are conspicuously displayed at a place near the main entrance of the establishment, or portion thereof, any information, brochures, or pamphlets supplied by the Health Department pertaining to sexually transmitted diseases. (k) The operator shall ensure there is posted regulations concerning booth occupancy on signs, with lettering at least one (1) inch high, that are placed in conspicuous areas of the establishment and in each of the viewing enclosures. (l) The Health Department shall charge its reasonable costs for supplying such posters, brochures, pamphlets, and other information supplied under this section. (13) REGISTRATION OF EMPLOYEES. (a) All operators, employees, and independent contractors working in any adult establishment hereunder shall, prior to beginning employment or contracted duties, register with the Brown County Sheriff's Department. Such registration shall include the following: 1. Name, address, birth date, any aliases used, telephone numbers, date of employment, and name of employer. 2. Photographs and fingerprinting. (b) Upon registration, the Brown County Sheriff's Department will provide to each registered employee an identification card containing the employee's photographs identifying the employee as such, which shall be kept available for production upon request of all Village inspecting officers while on duty at such adult establishment. 9-13

14 (c) All registrations hereunder are valid for a period of one (1) year. (d) The registration fee shall be $5 per registration, which shall be paid to the Sheriff's Department to cover the cost of the identification card. (14) EXCLUSIONS. All private schools and public schools, as defined in Ch. 115, Wis. Stats., located within the Village are exempt from obtaining a license hereunder when instructing pupils in sex education as part of its curriculum. (15) PENALTIES AND PROSECUTION. (a) Any person, partnership or corporation who is found to have violated this section shall be fined a definite sum not exceeding $1,000 and shall result in the revocation of any license. (b) Each violation of this section shall be considered a separate offense, and any violation continuing more than one (1) day shall be considered a separate offense. (16) SEVERABILITY. If any provision of this section is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions of same. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed REGULATION OF EMERGENCY ALARM SYSTEMS. (Repealed ) 9.13 OFFENSES AGAINST STATE LAW SUBJECT TO FORFEITURE OF THE MUNICIPAL CODE. (Adopted ) (Amended ) (1) The following statutes following the prefix 9" 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 the penalty for commission of such offenses hereunder shall be limited to a forfeiture, assessment and costs imposed under Section of this Municipal Code. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this Chapter (2) Smoking in enclosed space (2m)(b-d) Person in charge allowing smoking in violation of statute after previous warning (7) Producing/Using Inspection Sticker Fraudulently (3) Permittee or licensee allowing underage person on premises (3)(b) Identification card violations years and/or license suspension/work program (2) School-related possession of alcohol beverages under 17 years (2) School-related possession of alcohol beverages 17 to 20 years (2) School-related - possession of alcohol beverages 21 years or older Cigarettes and tobacco products retailer license Restriction on sale or gift of cigarettes or tobacco products (2) Pollution by Motor Vehicle/ Failure to Repair (5)(a) Knowingly sell or offer at wholesale cigarettes that fail fire safety requirements (5)(a) Knowingly sell or offer at retail cigarettes that fail fire safety requirements Illegal Storage of Junked Vehicles (7)(a) Used Cars/Prohibited Acts (7)(b) Motor Vehicles/Sale to Minors (1),(2) Person under 18 years falsely represents age to obtain or purchases, attempts to purchase or possesses a cigarette or tobacco product Drinking in Motor Vehicles on Highway Aiding and Abetting Words and Phrases Defined 9-14

15 Attempt (1) Battery Negligent Operation of Vehicle Negligent Handling of Burning Material Interfering with or Failing to Assist in Fire Fighting (2)(3) Interfering with Fire Fighting False Alarms and Interference with Fire Fighting Endangering Safety by Use of Dangerous Weapons Carrying Concealed Weapon Carrying Firearm in Public Building Possession of Switch Blade Knife Restrictions on Use of Facsimile Firearms Obstructing Emergency or Rescue Personnel Defamation Giving False Information for Publication Opening Letters Use of Polygraphs and Similar Tests (1) Criminal Damage to Property (Less than $200) Criminal Damage to Religious and Other Property Graffiti Criminal Damage to Railroads Entry into Locked Vehicle Entry into Locked Coin Box Criminal Trespass to Land Criminal Trespass to Dwellings Criminal Trespass to Medical Facility Entry into a Construction Site or into a Locked Building, Dwelling or Room Theft Fraud on Hotel or Restaurant Keeper Use of Cheating Tokens Refusal to Pay for Motor Bus Ride Operating Vehicle Without Owner's Consent Issue of Worthless Checks Receiving Stolen Property Alteration of Property Identification Marks (3) Forgery (2), (3)(a)-(d), (4)(b), (5), (6)(a)(b)(d) Financial Transaction Card Crimes Obtaining Telecommunications Services by Fraud Theft of Cell Phone Service Theft of Cable Television Service Theft of Satellite Cable Programming Removal of Shopping Cart Theft of Library Material Computer Crimes Fornication Sexual Gratification Lewd and Lascivious Behavior Making Lewd, Obscene or Indecent Drawings Prostitution Patronizing Prostitutes Pandering Keeping Place of Prostitution Solicitation of Drinks Prohibited 9-15

16 Gambling Commercial Gambling Permitting Premises to be Used for Commercial Gambling Refusing to Aid Officer Resisting or Obstructing Officer Escape Assisting or Permitting Escape Obstructing Justice Compounding Crime Falsely Assuming to Act as Public Officer or Employee Impersonating Peace Officers Tampering with Public Records and Notices Disorderly Conduct Unlawful Use of Telephone Unlawful Use of the Computer Communication System Harassment Bomb Scares (3)(4) Vagrancy Drinking in Common Carriers Unlawful Assemblies and Their Suppression Other Offenses Against Children Exposing a Sex Organ Exposing a Child to Harmful Material Possession of Child Pornography Neglecting a Child Contributing to Delinquency of a Child Contributing to Truancy Hazing Leaving or Storing a Loaded Firearm With Reach or Easy Access to a Child Possession of a Dangerous Weapon by a Child (minor must appear) Dangerous Weapons on School Grounds (minor must appear) Adult must appear Receiving Property from a Child Crime Against Animals (All Chapter Violations) Harassment of Police Animals 9.14 POSSESSION OF SYNTHETIC CANNABINOID OR SALVIA PROHIBITED (Created ). (1) INTENT. (a) The open sale of synthetic cannabinoid, commonly known as "K-2", "Spice", or by other street names, and the public consumption and use of so-called incense products and herbals is on the rise. (b) Synthetic cannabinoid products have yet to be tested by the Federal Drug Administration and certified as safe for human consumption; and because they are sold as incense or potpourri, there is no health or quality assurance regulation to ensure these products are safe. 9-16

17 (c) The National Drug Intelligence Center of the U.S. Department of Justice indicates the adverse effects of synthetic cannabinoid, when smoked, include panic attacks, elevated pulse and blood pressure, intense hallucinations, and in some cases, seizures. (d) Salvia divinorum ( Salvia ), when smoked, produces effects similar to that of marijuana or synthetic cannabinoid on the user. (e) Regulation of synthetic cannabinoid and Salvia is necessary to promote the health, safety and welfare of the village. (2) DEFINITIONS. (a) Salvia divinorum means any plant material which contains the active chemical principle called salvinorin A. (b) Synthetic cannabinoid includes the following chemicals, as identified by their common names: dimethylheptylpyran, HU-210, JWH-018, CP-55940, HU-331, WIN 55,212-2, or any cannabinoid derivative designed to mimic the physical, psychological, intoxicating, narcotic or other effects of marijuana. (3) PROHIBITION. No person may possess or attempt to possess Salvia divinorum or any synthetic cannabinoid without a valid prescription or order of a practitioner who is acting in the course of his or her professional practice. (4) PENALTIES. Any person who shall violate any provision of this ordinance shall forfeit not less that $1 or more than $1,000 for each offense. (5) SEVERABILITY. If any provision 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 (A) SCHOOL BUS WARNING LIGHTS. (Created 4/13/2011). The operator of a school bus in a residential or business district of the Village of Bellevue shall activate the flashing red warning lights when pupils or other authorized passengers are to be loaded or unloaded at a location at which there are not traffic signals, and such persons must cross the street or highway before being loaded or after being unloaded. Said lights shall not be extinguished until loading or unloading is completed and the persons who must cross the highway are safely across (B) FIREARMS RESTRICTED IN CERTAIN VILLAGE BUILDINGS. (Created 9/14/2011). (1) DEFININTIONS. (a) Firearm means a weapon that acts by force of gunpowder. (b) Law Enforcement means any sworn Law Enforcement Officer employed by the State of Wisconsin or any political subdivision of this state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce. (c) Weapon means a handgun, an electronic weapon as defined in Act

18 (2) PROHIBITED PLACES. In addition to the provisions of Wis. Stats and Act 35 enumerating places where the carrying of a weapon or a firearm is prohibited, including exceptions thereto, it shall be unlawful for any person other than a law enforcement officer to enter the following municipal buildings while carrying a weapon or a firearm: 1. Village Hall at 3100 Eaton Road. 2. Village Offices at 2828 Allouez Avenue. 3. Fire Station #1 at 3100 Eaton Road. 4. Fire Station #2 at 1811 Allouez Avenue. 5. Community Center at 1811 Allouez Avenue. 6. Josten Park Enclosed Shelter House at 2280 Town Hall Road. 7. DeBroux Park Enclosed Shelter House 2900 Brighton Place. (3) SIGNS POSTED. Signs meeting the requirements of Wis. Stats (2)(bm)1 shall be posted in prominent places near all entrances of such buidligns regarding such restrictions. (4) PENALTY. Any person who enters or remains in any aforementioned Village building contrary to such signage shall be considered a trespasser subject to penalty provided in Bellevue Ordinance PENALTY. Except as otherwise provided, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in of this Code of Ordinances. 9-18