CHAPTER 96: PEACE AND ORDER Section 96.0 Compression Brakes 96.02 Loud and Unnecessary Noise Prohibited 96.03 Discharge of Firearms 96.99 Penalty GENERAL PROVISIONS 96.0 COMPRESSION BRAKES PROHIBITED. It shall be unlawful for any vehicle equipped with compression brakes (jake brakes), to downshift and release the clutch to utilize the vehicle s engine to slow the vehicle in order to meet proper speed restrictions or to stop at stop signs within the Village, except in case of extreme emergency. (Ord. 232, passed 8-8-05) 96.02 LOUD AND UNNECESSARY NOISE PROHIBITED (A) It shall be unlawful for any person to make, continue, or cause to be made or continued any loud and unnecessary noise. () Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, stem shovel, pneumatic hammer, derrick, steam or electric hoist, or any other similar equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 7:00 p.m. (2) The provisions of this Section shall not apply to: (a) Any vehicle of the Village while engaged in necessary public business. (b) Public construction by or on behalf of the Village, County, or State. (c) The reasonable use of amplifiers or loud speakers in the course of public addresses which are noncommercial in nature. (3) No noise shall produce a sound level measured at the lot line of the premises producing the activity that exceeds the following: Octave Band Frequency Sound Level (Cycles per Second) (Decibels) 0 to 75 79 75 to 50 67 50 to 300 59 300 to 600 52 600 to 200 46 200 to 2400 40 2400 to 4800 34 Above 4800 32 Mitigation. All noise shall be muffled or otherwise controlled as to not become objectionable due to intermittence, duration, beat frequency, impulse character, periodic character or shrillness. All sirens, whistles, and bells which are maintained and utilized solely to serve a public purpose are exempt from the sound level standards of this section. (B) Enforcement and Penalty () Enforcement of this
2 ordinance shall be pursuant to section 0.99 of the Village of Egg Harbor code of Ordinances. (Ord. 2008-6, passed 2-5-2008) 96.03 REGULATION OF FIREARMS AND WEAPONS (A) Definitions For purposes of this Section the following definitions are hereby incorporated by reference: () The definitions set forth in Sec. 75.60(), Wis. Stats. (2) The definitions set forth in Sec. 939.22, Wis. Stats. (3) The definitions set forth in Sec. 94.23(), 94.24 and 94.295(c), Wis. Stats. (4) The definitions set forth in Sec. 943.3(e), Wis. Stats. (B) Fire Arms Discharge Zones Established For the purpose of regulating the discharge of firearms in the Village of Egg Harbor, there shall be two zones, the Discharge Permitted Zone and Discharge Prohibited Zone. The zones shall be shown on a map titled Village of Egg Harbor Firearms Discharge Zones: and made a part of this ordinance. (C) Permitted Acts In the zone title Discharge Permitted, the use and discharge of a firearm, air gun and archery and related equipment is permitted. (D) Prohibited Acts. () Other than in a Discharge Permitted Zone, no person may discharge a firearm within the Village of Egg Harbor unless the person discharging the weapon is justified in so doing or would have been subject to a (G). defense described in Sec. 939.45, Wis. Stats. (2) In addition to the places identified in Sec. 75.60, Wis. Stats., where the carrying of a weapon is prohibited, including the exceptions thereto, no person, other than authorized law enforcement personnel may enter the following Village municipal buildings while carrying a weapon or firearm: (a) Paul J. Bertschinger Community Center Building (b) Fire Station No. (c) Harbor Master Building (d) Marina Restroom, Laundry Room and Garage Building (e) Beach Park Restroom, Changing Rooms, Pavilion and Concession (f) All Village Pump / Lift Station (g) Municipal Public Works (h) All Wastewater Treatment Plant (i) Peg Egan Performing Arts Center (3) No person, other than authorized law enforcement personnel, shall carry a weapon upon the grounds of any Special Event, as defined in Sec. 943.3(e)(h), Wis. Stats., being held on any municipal grounds or property within the Village unless the carrying of weapons at such event is otherwise authorized and approved by the Village Board prior to such event. Signage and Notices. Signs in compliance with the provisions of Sec. 943.3(2)(bm)(), Wis. Stats., shall be posted in prominent locations near the entrances of all buildings identified in Sec. 96.03.4.2 hereof
and at the entrances to all Special Events identified in Sec. 96.03.4.3 hereof. (H) Penalties. () Persons violating the provisions of Sec. 96.03.4. shall be subject to the penalty as prescribed under Sec. 0.99(A) of this Code. (2) Persons violating the provisions of Sec. 96.03.4.2 and Sec. 96.03.4.3 hereof shall be considered a trespasser and subject to forfeiture of not less than $50.00 nor more than $500.00. (3) Any person violating the provisions of Sec. 75.60(2g)(b) or (c), Wis. Stats., shall be subject to a forfeiture of not more than $25.00, provided, however, that the person shall be exempt from the forfeiture hereunder if, within 48 hours of the issuance of the citation for said violation, the violator presents their licensure documentation. (Am. Ord. 20-02, passed -02-20) 96.04 MISCELLANEOUS PUBLIC NUISANCES AFFECTING PEACE AND ORDER. The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety regulated or prohibited by Village Ordinances or State Statutes. A) Unauthorized Traffic Signs. All unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railway crossing which purport to be or may be mistaken as an official traffic control device, railroad sign or signal, or which, because of its color, location, brilliance or manner of operation, interferes with the effectiveness of any such device, sign or signal. B) Obstruction of Intersections. All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys, or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk. C) Tree Limbs. All limbs of trees which project over a public sidewalk less than ten (0) feet above the surface thereof and all limbs which project over a public street less than fourteen (4) feet above the surface thereof. D) Dangerous Trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public. E) Fireworks. () No person shall use of display fireworks on public property within the Village of Egg Harbor. A professional fireworks company may display a professional fireworks show on public property in the Village of Egg Harbor only after having first procured a firework s permit from the Village. Applications for such permit shall be approved by the Village Board. As used in this chapter, fireworks shall be defined as set forth in 67.0(), Wis. Stats. (2) Application for a firework s permit shall be made upon forms proved by
the village office and shall contain the following information: (a) The full name and address of the company, corporation or other organization applying for said permit; the address; and if the length of time is less than one year, the previous address. (b) The address at which such activity is intended to be carried out. (c) The full names, addresses, and dates of birth of all such person intending to possess and use fireworks. (3) Permit fee and term (a) Each application shall be accompanied by a permit fee which shall be set by resolution of the Village Board. The fee shall be nonrefundable. The permit term shall be for one year from the date of issuance. (4) Description of fireworks required (a) Each application shall be accompanied by a list fully describing the type of fireworks, amount intended to be used, and a sworn statement setting out that each piece or type of firework conforms to the requirements of this chapter and 67.0, Wis. Stats. (5) Each application shall be accompanied by a certificate of insurance issued by a company licensed to do business in the State of Wisconsin providing liability coverage for injury to persons, property of loss of life with limits of coverage not less than $2,000,000. All such certificates shall name the Village of Egg Harbor as an insured party. (6) No person issued a permit under this chapter may sell fireworks to any person. (7) The Village may, at any time, for good cause shown, revoke, suspend, or deny issuance of any permit issued under this chapter. Good case shall include without limitation for lack of enumeration herein the following: any violation of the provisions of this chapter; any violation of building, zoning, or fire codes applicable to the permit premises; any violation of Wisconsin state law or the Village of Egg Harbor Code that is relevant to the operation of such business; and/or any conviction of the permitted for illegal sale of fireworks.
F) Dilapidated. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use. H) Noisy Animals or Fowl. The keeping or harboring of any animal or fowl which, by frequent or habitual howling, yelping, barking, crowing, or making of other noises shall greatly annoy or disturb a neighborhood or any considerable number of persons within the Village. I) Obstructions of Streets: Excavations. All obstructions of streets, alleys, sidewalks, or crosswalks and all excavations in or under the same, except as permitted by the Ordinances of the Village or which, although made in accordance with such Ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished, or which do not conform to the permit. J) Street Sweeping: Construction, demolition or other worksites are required to maintain a street free from mud, gravel, or other obstructions at the end of each workday. automotive sales or repair business located in a properly zoned area. M) Debris. Any construction debris or materials, unsightly debris, trash, wood, bricks, washing machines, refrigerators or junk such as may tend to depreciate property values or be detrimental to the appearance, neatness and cleanliness of the neighborhood, provided that nothing in this subsection shall prohibit reasonable storage of construction materials during the construction of any building or structure, and construction debris shall be contained within adequately sized dumpsters placed on site as recommended by the Code Administrator. N) Throwing, launching any projectile, water balloon, toy or object as well as shooting any water cannon, hose, squirt gun, aerosol (silly) string while participating in or as a spectator of any public concert, parade, gathering or assembly. 96.99 PENALTY. See 0.99. K) Open Excavations. All open, guarded and unguarded pits, wells, excavations, or unused basements allowed to remain for a period of more than 60 days. L) Junk Vehicles. All junked, disassembled, inoperable or wrecked motor vehicles, or parts thereof, which have been allowed to remain outside of any building upon public or private property for a period in excess of three (3) days, unless in connection with an