CHAPTER 9 ORDERLY CONDUCT

Transcription

1 CHAPTER 9 ORDERLY CONDUCT Offenses Against State Laws Subject to Forfeiture Possession and Use of Firearms and Other Dangerous Weapons Throwing or Shooting-d'f Arrows, Stones and Other Missiles Prohibited Marijuana, Possession and Use Prohibited Use of Cigarettes and Tobacco Products Restrictions on Sale or Gift of Cigarettes or Tobacco Products Use of Tobacco Produats on School Premises Sale and Use of Fireworks Regulated Loud and Unnecessary Noise Prohibited Loitering Prohibited Consumption of Fermented Malt Beverages and Intoxicating Liquor on Public Property and Parking Lots Prohibited Animals and Poultry Not to Run at Large Keeping of Livestock and Poultry Regulated Littering Burning Regulations Outdoor Wood Burning Furnaces Open Cisterns, Wells, Basements or Other Dangerous Excavations Prohibited Abandoned or Unattended Iceboxes, etc., Prohibited Curfew Destruction of Property Prohibited Unlawful Removal of Property Disorderly Conduct Accidental Spills of Hazardous or Detrimental Substances Offenses by Minors Offenses Upon School Property Uniform Citation Method Adopted Penalty

2 ORDERLY CONDUCT OFFENSES AGAINST STATE LAWS SUBJECT TO FORFEITURE (Am. Ord. #97-2; Am. Ord. #6-99; Am. Ord. #00-2; Am. Ord. #04-8). 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 imposed under sec of this Code. Drinking in Motor Vehicles on Highway Criminal Damage or Threat to Damage, Property of a Witness Battery Battery or Threat to Witness Sexual Assault or Sexual Contact Duty to Aid Endangered Crime Victim Negligent Operation of Vehicle Highway Obstruction Negligent Handling of Burning Materials Interfering With or Failing to Assist in Firefighting False Alarms and Interference With Firefighting Reckless Use of Weapon Disarming a Police Officer Prohibited Possession of Pistol by Minor Carrying Concealed Weapon Possession of Switch Blade Knife Emergency Telephone Calls Obstruction of Emergency Vehicles Prohibited Installing Surveillance Devices for Purposes of Observing Nude Person Without Consent Criminal Damage to Property Molotov Cocktails Entry Into Locked Vehicle Entry Into Locked Coin Box Criminal Trespass to Land Criminal Trespass to Dwellings Entry Onto a Construction Site heft Misappropriation of Personal Identifying Information or Documents Use of Cheating Tokens Issue of Worthless Checks Receiving Stolen Property Receiving Property From Children Alteration of Property Identification Marks Shoplifting Removal of Shopping Cart Theft of Library Material Lewd and Lascivious Behavior Making Lewd, Obscene or Indecent Drawings

3 ORDERLY CONDUCT 9.02 Prostitution Patronizing Prostitutes Pandering Keeping Place of Prostitution Solicitation of Drinks 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 False Complaints of Police Misconduct Personating Peace Officer Tampering With Public Records and Notices Disorderly Conduct Unlawful Use of Telephone Harassment Prohibited Bomb Scares Littering Shores Unlawful Assemblies Contributing to the Neglect of a Minor.62 Crimes Against Children Exposing a Child to Harmful Material, Descriptions or Narrations 16 Crimes Against Animals Drug Paraphernalia Defined Determination of Whether an Object is Drug Paraphernalia Possession of Drug Paraphernalia Prohibited Manufacture or Delivery of Drug Paraphernalia Prohibited Delivery of Drug Paraphernalia to a Minor Prohibited 9.02 POSSESSION AND USE OF FIREARMS AND OTHER DANGEROUS WEAPONS. (1) DEFINITIONS. For the purpose of this section, the following definitions shall apply: (a) Firearm. Any weapon 'from which a shot may be fired by the force of an explosive or propellant, including, but not limited to, rifles, pistols, shotguns, air guns and BB guns. (b) Other Dangerous Weapon. Includes bow and arrow, crossbow, sling shot, blow gun and other similar weapons.

4 ORDERLY CONDUCT 9.02 (d) Public Land. Any land owned by the Village, the County or the public School District. (el Public Place. Any privately owned building which is open to the public. (2) POSSESSION OF FIREARMS IN PUBLIC PLACE PROHIBITED. In addition to the provisions of sub. (3) below, no person except duly authorized city, village, county, state or Federal law enforcement officers specifically authorized by law to carry firearms, shall possess a firearm while in any public building or on public land within the Village. No person shall possess a firearm while in any public place within the Village unless written consent to so possess a firearm has been given by the owner or lessee of such public place, and such possession is not contrary to S440.26, Wis. Stats. (3) USE OF FIREARMS. (a) Regulated. No person except an authorized police officer shall discharge any firearm within the Village or have any firearm in his possession within the Village, except in his own domicile, unless it is unloaded and enclosed in a carrying case or other suitable container, except as provided in par. (b) below.

5 ORDERLY CONDUCT 9.02 (3) (b) Exceptions. 1. Pest control permits issued by the Village Board. Village Board. 2. Hunting on agricultural lands designated by the (4) USE OF OTHER DANGEROUS WEAPONS REGULATED. NO person shall shoot or discharge any other dangerous weapon anywhere in the Village THROWING OR SHOOTING OF ARROWS, STONES AND OTHER MIS- SILES PROHIBITED. No person shall throw or shoot any object, arrow, stone, snowball or other missile or projectile by hand or by any other means at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the Village MARIJUANA, POSSESSION AND USE PROHIBITED. (1) DEFINI- TION. "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.. (2) POSSESSION, DELIVERY AND USE PROHIBITED. It shall be unlawful for any person to possess, deliver, sell or use marijuana or a marijuana derivative. This section shall include, but not be limited to, those persons who possess, deliver, sell or use marijuana or a marijuana derivative in any amount and include those persons who are charged under this section for a first offense. (3) EXCEPTION. This section shall not apply to a person who has obtained or possesses marijuana directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of his professional practice. However, the burden of proof to prove such exception shall be on the person claiming it. (4) PENALTY. Any person who shall violate any provision of this section shall, upon conviction, be subject to a forfeiture as provided in sec of this Code USE OF CIGARETTES AND TOBACCO PRODUCTS (Cr. Ord. #95-5). (1) DEFINITIONS. The terms used herein shall be defined as follows: Stats. (a) Cigarette. The meaning given in , Wis. (b) Law Enforcement Officer (4s), Wis. Stats. The meaning given in ( C) Tobacco Products. The meaning given in (12), Wis. Stats.

6 ORDERLY CONDUCT (2) (2) PROHIBITED. Except as provided in sub. (3) below, no person under 18 years of age may do any of the following: product. (a) Buy or attempt to buy any cigarettes or tobacco (b) Falsely represent his or her age for the purpose of receiving any cigarette or tobacco products. (c) Possess any cigarette or tobacco product. (3) EXCEPTIONS. A person under 18 years of age may purchase cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under (1), Wis. Stats. (4) ENFORCEMENT. A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of sub. (2) above committed in his presence. Wis. (5) AUTHORITY. This section is adopted pursuant to S48.983, Stats RESTRICTIONS ON SALE OR GIFT OF CIGARETTES OR TOBACCO PRODUCTS (Cr. Ord. #95-5). (1) DEFINITIONS. The definitions set forth in (1), Wis. Stats., are hereby adopted by reference and made a part hereof. (2) RESTRICTIONS. (a) No retailer may sell or give cigarettes or tobacco products to any person under the age of 18, except as provided in (3), Wis. Stats. A vending machine operator is not liable under this paragraph for the purchase of cigarettes or tobacco products from his vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase. (b) 1. A retailer shall post a sign in areas within his premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under this section and S48.983, Wis. Stats. 2. A vending machine operator shall attach a notice in a conspicuous place on the front of his vending machines stating that the purchase of any cigarette or tobacco product by a person under the age of 18 is unlawful under $48.983, Wis. Stats., and that the purchaser is subject to a forfeiture not to exceed $25. (c) 1. NO 500 feet of a school. person may place a vending machine within

7 ORDERLY CONDUCT (2) 2. If a written agreement binding on a vending machine operator governs the location of his vending machine which is located within 500 feet of a school, the vending machine owner shall remove the vending machine on the date that the written agreement expires or would be extended or renewed. (d) No manufacturer, distributor, jobber, subjobber or retailer or their employes or agents may provide cigarettes or tobacco products for nominal or no consideration to anyone under the age of 18. (3) DEFENSE OF RETAILER. Proof of all of the following facts by a retailer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of sub. (2) above: (a) That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card. (b) That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18. (c) That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18. (4) PENALTIES. (a) 1. In this subsection, "violation" means a violation of sub. (2)(a), (c) or (dl above. 2. A person who commits a violation is subject to a forfeiture of: a. Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or b. Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation. 3. A court shall suspend any license or permit issued under S134.65, or , Wis. Stats., to a person for: a. Not more than 3 days if the court finds that the person committed a violation within 12 months after committing one previous violation; or b. Not less than 3 days nor more than 10 days if the court finds that the person committed a violation within 12 months after committing 2 other violations; or

8 ORDERLY CONDUCT (4) c. Nor less that 15 days nor more than 30 days if the court finds that the person committed the violation within 12 months after committing 3 or more other violations. 4. The court shall promptly mail notice of a suspension under subpar. 3. above to the Department of Revenue and to the clerk of each municipality which has issued a license or permit to the person. (b) Whoever violates sub. (2)(b) above shall forfeit not more than $25. (5) AUTHORITY. This section is adopted pursuant to S134.66, Wis. Stats USE OF TOBACCO PRODUCTS ON SCHOOL PREMISES (Cr. Ord. #95-5). (1) PROHIBITED. Pursuant to (20), Wis. StatS., no person shall use any tobacco product on any property of the Fremont School District. (2) DEFINITIONS. For the purpose of this section, the following definitions shall be used: (a) Use Any Tobacco Product. Smoke or possess a lighted cigar, cigarette or pipe, or place any tobacco product in one's mouth. (b) Property of the Fremont School District. All buildinqs and srounds and school buses within the Villaqe owned, leased or rented by the Fremont School District, incl6ding any vehicle located on School District grounds. (3) PENALTY. Any person who shall violate sub. (1) above shall be subject to a penalty as provided in sec of this Code SALE AND USE OF FIREWORKS REGULATED. (1) DEFINITION. The definition of "fireworks" stated in (I), Wis. Stats., is hereby adopted by reference. (2) SALE REGULATED. Except as provided in (2) and (4), Wis. Stats., no person shall sell, or possess with the intent to sell, fireworks. (3) USE REGULATED. Except as provided in (3), Wis. Stats., no person shall possess or use fireworks without a user's permit issued pursuant to sub. (4) below. (4) USER'S PERMIT (Am. Ord. #91-6). As provided in S167.10, Wis. Stats., fireworks user's permits may be issued by the Village President, or other Village official designated by the Village President. The official issuing the permit shall require a cer-

9 ORDERLY CONDUCT 9.06 tificate of liability insurance, or similar proof of coverage, in an amount no less than $1,000,000. A copy of the permit, proof of insurance and a fee of $25 shall be filed with the Clerk-Treasurer and copies of the permit shall be given to the Fire Chief and the Police Department at least 2 days before the authorized use. (5) USE OF CERTAIN DEVICES REGULATED. No person may use fireworks or devices listed in (1) (e) to (g) and (i) to (n), Wis. Stats., including, but not limited to, caps, toy snakes, model rocket engines, sparklers or cone fountains at a fireworks display for which a permit has been issued if the display is open to the general public LOUD AND UNNECESSARY NOISE PROHIBITED. (1) GENERAL. No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb a person of ordinary sensibilities in or about any public street, alley, park of waterway, or any private residence. (2) PUBLIC ADDRESS SYSTEMS AND AMPLIFIERS (Am. Ord. #87-4; Am. Ord. #04-6; Am. Ord. #04-7). No person shall use or operate any public address system, amplifier or device which increases the volume of voice, music or other sounds so loud as to disturb the public peace or the quiet and peacefulness of the neighborhood between the hours of 9:00 P.M. and 6:00 A.M. unless a special permit is obtained from the Village Board. This permit may be applied for up to twice per month Memorial Day weekend through Labor Day to extend the time until 12:00 P.M. midnight, but no later. At the discretion of the Chief of Police, he may have an officer assigned to the premises at the owner's expense. (3) CONSTRUCTION AND MACHINERY NOISE. Except for Village employes, between the hours of 10:OO P.M. and 6:OO A.M. no person shall do construction work or operate any chain saw, lawn mower or any other loud machinery of a similar nature LOITERING PROHIBITED. (1) LOITERING OR PROWLING. No person shall loiter or prowl in a place at a time or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances 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 $ 1 himself and explain his presence and conduct. No person shall be

10 i'. ORDERLY CONDUCT 9.07 (2) (2) OBSTRUCTION OF HIGHWAY BY LOITERING. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer. (3) OBSTRUCTION OF TRAFFIC BY LOITERING. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public place within the Village in such manner as to prevent, interfere with or obstruct the ordinary free use of such public sidewalks, streets, street crossings and bridges or other public places by persons passing along and over the same. (4) LOITERING AFTER BEING REQUESTED TO MOVE. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks or adjacent doorways or entrances, street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant after being requested to move by any police officer or by any person in authority at such places. (5) LOITERING IN PUBLIC PLACES. No person shall loiter, lounge or loaf in or about any dance hall, restaurant, store, public sidewalk, public parking lot or other place of assembly or public use after being requested to move by the owner or person in charge or any police officer. Upon being requested to move, a person shall immediately comply with-such request by leaving the premises or area thereof at the time of the request. (6) LOITERING IN OR ON SCHOOL PROPERTY. No person not in official attendance or on official school business shall enter into, congregate, loiter, wander or stand in or on any.school property within the Village between 7:00 A.M. and 5:00 P.M. on official school days CONSUMPTION OF MALT B-GES AND INTOXICAT- ING LIQUOR ON PUBLIC PROPERTY AND PARKING LOTS PROHIBITED. (1) DEFINITIONS. (a) Public Property. Any property, including buildings or structures thereon, which is owned, leased or operated by the Village, or public, private or parochial schools; public sidewalks; roadways and streets; playgrounds; parks; and alleys. (b) Public Parking Lot. Any area held out to the public for the parking of motor vehicles, whether such area is publicly or privately owned. (c) Licensed Premises. The area within a building or structure which is licensed pursuant to ch. 12 of this Code, but not including parking lots, sidewalks, roadways or land which is adjacent to the building or structure and within the property, boundary lines, unless authorized by the Village Board.

11 ORDERLY CONDUCT 9.08 (2) (2) CONDUCT PROHIBITED (Am. Ord. #87-5). No person shall consume any fermented malt beverage or intoxicating liquor in or upon any public property or public parking lot or be in possession of an open container thereof. (3) CONDUCT PROHIBITED OUTSIDE LICENSED PREMISES (Am. Ord. #87-5). No person who has purchased fermented malt beverages or intoxicating liquor from any licensed premises shall consume said beverages or liquor outside of, but within the property boundary lines of, such premises or be in possession of an open container thereof. (4) EXCEPTIONS. (a) The prohibitions in subs. (2) and (3) above shall not apply to those events or activities which are otherwise permitted or licensed pursuant to ch. 12 of this Code. (b) The prohibition in sub. (2) above shall not apply to a school-sponsored activity when specifically permitted in writing by the school administrator. (c) The prohibitions in subs. (2) and (3) above shall not apply to those persons who transport unopened fermented malt beverages or intoxicating liquor from a point of purchase to their destination unless it is in violation of S346.93, Wis. Stats. (d) The prohibitions in sub. (2) above shall not apply to fermented malt beverages consumed at picnics in Village parks. However, malt beverages in glass bottles are not permitted in Village parks ANIMALS AND POULTRY NOT TO RUN AT LARGE. No person having in his possession or under his control any animal or fowl shall allow the same to run at large within the Village KEEPING OF LIVESTOCK AND POULTRY REGULATED. No person shall keep or maintain any poultry or fowl, or any livestock such as horses, cattle, sheep or goats in any zoning district except agricultural districts LITTERING. (1) PROHIBITED. No person shall deposit any mud, glass, refuse or waste, filth or other litter upon the streets, highways, alleys, parks or other property of the Village or upon any private property or into or upon any body of water or stream within the Village. (2) PENALTY. Any person found guilty of violating this section shall be subject to a forfeiture, as provided in sec of this Code, plus the cost of cleanup. Each day a violation continues shall constitute a separate violation BURNING REGULATIONS. (1) BURNING OF TRASH RESTRICTED. No person shall kindle or cause to be kindled any fire in or upon any street, alley, public way, park or any public or private ground within the Village within 25 feet of any building unless

12 ORDERLY CONDUCT ) the same is confined within a wire refuse burner, basket or metal enclosure with a cover attached to prevent the escape of sparks and burning material. (2) BURNING OF BRUSH, GRASS AND LEAVES (Am. Ord. #3-90). The burning of brush, grass or leaves is permitted, provided that there is continuous adult supervision. Such burning shall not emit excessive smoke or noxious odors so as to create a neighborhood nuisance and/or traffic hazard (see sec (10) of this Code). (3) PROHIBITED MATERIAL FOR OPEN BURNING (Cr. Ord. #90-3). Material for open burning shall not include rubbish, garbage or trash, or material made of or coated with rubber, plastic or leather, or petroleum based material, or any flammable or combustible liquids.. i- 9.1'21 OUTDOOR WOOD BURNING FURNACES (Cr. Ord. #05-4). (1) REQUIREMENTS. (a) The outdoor furnace shall be located at least 200 feet from all property lines. (b) The outdoor furnace shall have a chimney that extends at least 15 feet above the ground surface. (c) NO outdoor furnace shall be operated from Memorial day to Labor Day. 1 (2) MATERIALS NOT TO BE BURNED. Unless a specific written approval has been obtained from the Department of Natural Resources, the following materials may not be burned in an open fire, incinerator, burn barrel, furnace, stove or any other indoor or outdoor incineration or heating device. The Village shall not issue a permit for burning any of the following materials without air pollution control devices and a written copy of an approval by the Department of Natural Resources. (a) Rubbish or garbage, including, but not limited to, food wastes, food wraps, packaging, animal carcasses, paint or painted materials, furniture, composite shingles, construction or demolition debris or other household or business wastes. (b) Waste oil or other oily wastes except used oil burned in a heating device for energy recovery subject to the restrictions in Wis. Adm. Code NR 590. (c) Asphalt and products containing asphalt (d) Treated or painted wood, including, but not limited to, plywood, composite wood products or other wood products that are painted, varnished or treated with preservatives.

13 ORDERLY CONDUCT 9.13 i (el Any plastic material, including, but not limited to, nylon, PVC, ABS, polystyrene or urethane foam, and synthetic fabrics, plastic films and plastic containers. products. (f) Rubber, including tires and synthetic rubber-like (g) Newspaper, corrugated cardboard, container board, office paper and other materials that shall re recycled in accordance with the recycling regulations. (3) BUILDING PERMIT REQUIRED. No person shall start or maintain any outdoor wood furnace without obtaining a building permit, including a fee of $50, from the Building Inspector. Any violation of the conditions of the permit shall be deemed a violation of this section and shall void-$he.. pennit. (4) LIABILITY. A person utilizing or maintaining an outdoor fire shall be responsible for all fire suppression costs and any other liability resulting from damage caused by the fire. (5) RIGHT OF ENTRY AND INSPECTION. Any authorized officer, agent, employe or representative of the Village who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this section. (6) ENFORCEMENT AND PENALTIES. (a) Enforcement. The Building Inspector and the Police Department are authorized to enforce the provisions of this section. (b) Penalty. The penalty for violation of any portion of this section shall be a forfeiture of not less than $25 nor more than $200 plus the cost of prosecution. Penalties shall be doubled for second and subsequent offenses OPEN CISTERNS. WELLS, BASEXENTS OR OTHER DANGEROUS EXCAVATIONS PROHIBITED. No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fastened in such manner as to prevent injury to any person and any cover shall be of a design, size and weight that the same cannot be removed by small children ABANDONED OR UNATTENDED ICEBOXES, 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 icebox, refrigerator or other container which has an airtight door or lid, snap lock, or other locking device which

14 - ORDERLY CONDUCT 9.15 may not be released from the inside, without first removing such door or lid, snap lock or other locking device from such icebox, refrigerator or container unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened CURFEW (Rep. & Recr. Ord. #86-5). (1) REGULATIONS AND EXCEPTIONS. (a) Regulations. It shall be unlawful for any child under the age of 18 years to loiter, idle or remain upon any street or alley or other public place in the Village between 10:OO P.M. and 6: 00 A.M. the next day on Sunday through Thursday, and 12:00 midnight and 6:'00 A.M. the next day on Friday and Saturday. (b) Exceptions. The following shall constitute valid exceptions to the operation of the curfew:.. _ :.- 1. At any time, if the person is accompanied by his parent, legal guardian, or other responsible person who is over the age of 18 and who is approved by the person's parent or legal guardian At any time, in the event of an emergency which would justify the reasonableness of the person's presence. 3. At any time while the person is pursuing the duties of his employment. 4. Until the hour of 12:30 A.M. if the person is on an errand as directed by the person's parent or legal guardian. 5. If the person is coming directly home from a public meeting or place of public entertainment such as a movie; play; or school, church or sporting event. This exception will apply for 1/2 hour after the completion of such event, but in no case beyond 12:30 A.M. If the event is not commercial in nature or does not have a fixed publicly known time at which it will end, the sponsoring organization must register the event with the Police Department at least 24 hours in advance informing the Department of the time such event is scheduled to be, the place at which it will be held, the time at which it shall end, and the name of the sponsoring organization. 6. If the person is coming directly home from a private home which has been approved by the person's parent or legal guardian. 7. Until the hour of 12:30 A.M. if the person is on the property of or the sidewalk directly adjacent to the building in which he resides or the buildings immediately adjacent thereto. -.

15 ORDERLY CONDUCT 9.15 (2) PARENTAL VIOLATION. No parent, guardian or person having legal custody of a child under the age of 18 years shall suffer or permit such child to violate sub. (1) above. (3) TAKING A CHILD INTO CUSTODY. A child believed to be violating this section shall be taken to the Police Department for proper identification. Every law enforcement officer, while on duty, is hereby authorized to take into custody any child violating the provisions of sub. (1) above. Children taken into custody

16 ORDERLY CONDUCT 9.15 (3) shall be released from custody as soon as is reasonably possible. A person taking a child into custody shall make every effort to immediately release the child to the child's parent, guardian or legal custodian or, if the parent, guardian or legal custodian is unavailable, unwilling or unable to provide supervision for the child, may release the child to a responsible adult, and shall verbally counsel or warn as may be appropriate; or, in the case of a run-away child, may release the child to a home authorized under S48.227, Wis. Stats. The parent, guardian, legal custodian or other responsible adult to whom the child is released shall sign a release for the child. If the child is not released under this subsection, the officer shall deliver the child to the Waupaca County Juvenile Court intake worker in a manner determined by the Court and law enforcement agencies, stating, in writing, with supporting facts, the reasons why the child was taken into physical custody and giving any child 12 years of age or older a copy of the statement, in addition to giving a copy to the intake worker. If the child is believed to be suffering from a serious physical condition which requires either prompt diagnosis or prompt treatment, the officer shall take such action as is required under S48.20, Wis. Stats. If the child is believed to be mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a substantial risk of physical harm to the child or to others, the officer shall take such action as is required under 48.20(5), Wis. Stats. If the child is believed to be an intoxicated person who has threatened, attempted or inflicted physical harm on himself or on another and is likely to inflict such physical harm unless committed, or is incapacitated by alcohol, the officer shall take such action as is required under 48.20(6), Wis. Stats. (4) WARNING AND PENALTY. (a) Warning. The first time a child is taken into custody by a law enforcement officer, as provided in sub. (3) above, the parent, guardian or person having legal custody of such child shall be advised as to the provisions of this section and further advised that any violation of this section occurring thereafter by this child or any other child under his care or custody shall result in a penalty being imposed as hereinafter provided. (b) Penalty. Any parent, guardian or person having legal custody of a child described in sub. (1) above, who has been warned in the manner provided in par. (a) above and who thereafter violates this section shall be subject to a penalty as provided in sub. (5) below. Any child under the age of 18 years who violates this section shall also be subject to a penalty as provided in sub. (5) below. (5) PENALTY. (a) A violation of this section may be punishable by a forfeiture of not less than $5 nor more than $200.

17 ORDERLY CONDUCT 9.15 (51 (b) In addition to the penalty outlined above, any person under the age of 18 years may be punished under (2) and , Wis. Stats DESTRUCTION OF PROPERTY PROHIBITED. No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the Village or its departments or to any private person without the consent of the owner or proper authority UNLAWFUL REMOVAL OF PROPERTY. It shall be unlawful for any person to take and carry away the property of another without the owner's consent. This offense shall include, but not be limited to, the operation of a vehicle, whether or not motorized, without the owner's consent DISORDERLY CONDUCT. In addition to the provisions set forth in of this chapter, it shall be unlawful to urinate or defecate on any street or sidewalk in the Village ACCIDENTAL SPILLS OF HAZARDOUS OR DETRIMENTAL SUBSTANCES. (1) HAZARDOUS SUBSTANCE SPILLS. (a) DNR Notification Required. Any person who possesses or controls a "hazardous substance," as defined in (4m), Wis. Stats., which has been 1 discharged or spilled, or who causes the discharge or spilling of such hazardous substance, shall immediately notify the Wisconsin Department of Natural Resources of any such spill or discharge as required in , Wis. Stats. (b) Villaqe Notification. In addition to the notification required in par. (a) above, the owner or the person causinq the discharge of -a hazardous substance shall immediately notif; the Fire Chief of such spill or discharge. (21 DETRIMENTAL SUBSTANCE SPILLS; NOTIFICATION. Any person who possesses or controls a discharged or spilled material, or causes a discharge or spill, which, although not a "hazardous substance," may be detrimental to the general, safety and welfare of Village residents shall immediately notify the Fire Chief. Such detrimental substances may include, without limitations, food products and nitrates. (3) CLEANUP REQUIRED. Any person responsible for the discharge or spill of any hazardous or detrimental substance shall be responsible for cleanup within a time reasonable under the circumstances. In the event such cleanup is not completed within a reasonable time, the Village shall clean up and bill the person responsible. (4) PENALTY. Any person responsible for a spill or.! discharge who does not provide the notification required under subs. (l)(b) and (2) above shall be subject to a forfeiture as provided in sec of this Code.

18 ORDERLY CONDUCT OFFENSES BY MINORS. (1) No person under the age of 18 shall be truant from school as defined in (1, Wis. Stats. This section does not apply to a child aged 16 or older whose parent or guardian or person having legal custody has given written notice to the school board for withdrawal of that child from school. This section also does not apply in instances enumerated in (3), Wis. Stats. (2) No person under the age of 18 shall be truant from hose without the consent of his parent or guardian or person having legal custody. (3) (Am. Ord. #97-8) No person under the age of 21 shall possess intoxicating liquor, or shall possess fermented malt beverages except and unless accompanied by a parent or guardian, or spouse of legal drinking age. (4) No person enrolled as a student in any Village public or parochial school shall violate any school rule, a violation of which could result in suspension or expulsion from school OFFENSES UPON SCHOOL PROPERTY. (1) No person shall refuse to leave school property upon request by the school principal or a person acting under his direction. A violatiori of this section shall be considered a trespass. (2) No person shall bring, or cause to be brought, upon school property any intoxicating liquor, fermented malt beverage or controlled substance, as defined in Ch. 161, Wis. Stats., except and unless with written consent of the school principal UNIFORM CITATION METHOD ADOPTED. (1) CREATION (Rep. & Recr. Ord. #89-3). Pursuant to S , Wis. Stats., the Village hereby elects to use the citation method of enforcement of ordinances, including those for which a statutory counterpart exists. (2). CITATION. The citation shall contain the following: (a) The name and address of the alleged violator. tion. (b) Factual allegations describing the alleged viola- violated. (c) The time and place of the offense. (d) The section of the ordinance or the municipal code (e) A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so.

19 ORDERLY CONDUCT 9.22 (2) in court. (f) The time at which the alleged violator may appear (g) A statement which, in essence, informs the alleged violator, as follows: 1. A cash deposit of a specified am made which shall be delivered or mailed to the Cler prior to the time of the scheduled court appearance. 2. If such a deposit is made, the alleged violator need not appear in court unless he is subsequently summoned. 3. If a cash deposit is made and the alleged violator does not appear in court, he will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment imposed by $165.87, Wis. Stats., not to exceed the amount of the deposit or, if the court does not accept the plea of no contest, a summons shall be issued demanding him to appear in court to answer the complaint. I 4. If no cash deposit is made and the alleged violator does not appear in court at the time specified, an action may be commenced to collect the forfeiture and the penalty assessment imposed by S165.87, Wis. Stats. (h) A direction that if.the-alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under par. (g) above has been read. Such statement shall be sent or brought with the cash deposit. (i) Such other information as the Village Board deems necessary. (3) DEPOSITS. (a) Each citation issued under this section, except those to which par. (d) below applies, shall specify a cash deposit as set forth in the Uniform Deposit and Misdemeanor Bail Schedule of the Wisconsin Judicial Conference or, where applicable, the Village Deposit Schedule, which is hereby adopted by reference, which consists of the appropriate forfeiture, the current penalty assessment and court costs. (b) Deposits shall be made in cash, money order or check to the County Clerk of Courts, who shall provide a receipt theref or. i (c) The penalty assessment imposed by S165.87, Wis. Stats., shall be added to all forfeitures 'hereunder, except where said forfeitures are derived from citations issued for violations of ordinances for which State law controls or for ordinances involving nonmoving traffic violations. Said assessments shall be in an amount determined after deducting the court costs.

20 ORDERLY CONDUCT 9.22 (3) (d) The deposit, including costs, pertaining to any minor receiving a citation under this section shall in no event exceed the maximum penalties provided in Ch. 48, Wis. Stats., plus the penalty assessment imposed by S165.87, Wis. Stats., except that costs and penalties shall not be assessed against minors unless Wisconsin law so provides. (4) DEPOSIT SCHEDULE. Every police officer issuing a citation for any violation of this Code shall indicate on the citatiok the amount of the deposit, as provided in sub. (3) above, that the alleged violator may make in lieu of court appearance. (5) ISSUANCE OF CITATION. Any law enforcement officer may issue citations authorized under this section. (6) PROCEDURE. Section (3), Wis. Stats., relating to a violator's options and procedure on default, is hereby adopted and incorporated herein by reference. (7) NONEXCLUSIVITY. (a) Other Ordinances. Adoption of this section does not preclude the Village Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter. (b) Other Remedies. The issuance of a citation hereunder shall not preclude the Village or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order PENALTY. Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in sec of this Code. In addition to any penalty imposed for violation of sec (1) of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent of any unemancipated minor child who violates sec (1) may also be held liable for the cost of repairing such damaged or destroyed property in accordance with , Wis. Stats.