CHAPTER 9

ORDERLY CONDUCT

9.01 Discharging and Carrying Firearms and Guns Prohibited

9.02 Throwing or Shooting of Missiles Prohibited

9.03 Burning of Grass and Trash Restricted

9.04 Sale and Discharge of Fireworks Restricted

9.05 Obstructing Streets and Sidewalks Prohibited

9.06 Disorderly Conduct Prohibited

9.07 Consumption of Liquor or Beer

9.08 Loud and Unnecessary Noise Prohibited

9.09 False Fire Alarm Prohibited

9.10 Obedience to Officers

9.11 Assisting Escape of Prisoner

9.12 Impersonating Police Officer

9.13 Assistance to Officer Required

9.14 Gambling, Lotteries, Fraudulent Devices and Practices Prohibited

9.15 Unauthorized Presence on School Property

9.16 Indecent Conduct and Language Prohibited

9.17 Destruction of Property Prohibited

9.18 Littering Prohibited

9.19 Damage to Trees, Shrubs and Flowers Prohibited

9.20 Molesting Birds or Animals Prohibited

9.21 Building Fires Restricted

9.22 General Offenses

9.23 Overnight Camping

9.24 Park Hours

9.25 Curfew

9.26 Hazardous Materials

9.27 Trespass

9.28 Underage Drinking

9.29 Habitual Truancy

9.30 Contributing to Truancy

9.31 Regulation of Tobacco Use and Possession

9.35 Penalty

ORDERLY CONDUCT 9.01

9.01 DISCHARGING AND CARRYING FIREARMS & GUNS PROHIBITED. No person, except a sheriff, constable, police officer, or their deputies shall fire or discharge any firearm, rifle, spring or air gun of any description within the City or have any firearm, rifle, spring, or air gun in his possession or under his control unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the Common Council, or the firing or discharging of BB guns upon private premises by persons over 16 or under the direct personal supervision of a parent or guardian. This section shall prohibit hunting within the City, provided the Chief of Police may issue written permits to owners or occupants of private premises if he finds such privileges necessary for the protection of life or property and subject to such safeguards as he may impose for the safety lives and property of other persons within the City.

9.02 THROWING OR SHOOTING OF MISSILES: 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 other person or at, in or into any building, street, sidewalk, alley, highway, park, playground, or other public place within the City.

9.03 BURNING OF GRASS AND TRASH RESTRICTED. (1) GRASS FIRES REGULATED. No person shall kindle any grass fire within the City without first securing a written permit from the City Clerk who shall issue such permit only upon approval of and subject to any conditions for the protection of life and property imposed by the Fire Chief.

(2) TRASH BURNING RESTRICTED. No person shall kindle or cause to be kindled any fire in or upon a street, alley, public way, park or any public or private ground within the City within 25 feet of any building or within any fire lane unless the same be confined within a wire refuse burner, basket, or metal enclosure with a cover attached to prevent the escape of sparks and burning material. There shall be no burning of grass, trash, or other materials between 8:00 a.m. and 3:00 p.m. on Monday through Friday of each week, and no fires are to be kindled after sundown on any day.

(3) GARBAGE BURNING PROHIBITED. There shall be no burning of garbage at any time.

9.04 SALE AND DISCHARGE OF FIREWORKS RESTRICTED. Sec. 167.10, WI Stats., regulating the sale and use of fireworks exclusive any penalty imposed thereby is adopted by reference and made a part of this section as though set forth in full.

9.05 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, railway depot platform, railway cars, or public park or public ground within the City in such a manner as to prevent or hinder free ingress or egress to or from any place of business, amusement, church, public hall or meeting place, or for any other purpose for which a proper accounting cannot be made.

9.06 DISORDERLY CONDUCT PROHIBITED. No person shall within the City: ORDERLY CONDUCT 9.06(1) (1) In any public or private place engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to disturb or annoy other persons.

(2) Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.

9.07 CONSUMPTION OF LIQUOR OR BEER. (Cr. #12-76) (1) No person shall carry or expose to view any open can, bottle or other container containing fermented malt beverages or intoxicating liquor or drink form the same on any sidewalk, street, alley, public parking lot or in any stopped or parked motor vehicle; except as authorized in writing by the Council upon a special Class B one day license.

ORDERLY CONDUCT 9.08

9.08 LOUD AND UNNECESSARY NOISE PROHIBITED. No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley or park or any private residence. This section shall be interpreted to include engine driven or powered vehicles with noisy or defective muffling devices or without such noise depressors.

9.09 FALSE FIRE ALARM PROHIBITED. No person shall give or send or cause to be sent or given in any manner any alarm of fire which he knows to be false.

9.10 OBEDIENCE TO OFFICERS. No person shall, without reasonable excuse or justification, resist or in any way interfere with any officer of the City while such officer is doing any act in his official capacity and with lawful authority.

9.11 ASSISTING ESCAPE OF PRISONER. No person shall intentionally aid any prisoner or person to escape from the lawful custody of a policeman or peace officer of the City.

9.12 IMPERSONATING POLICE OFFICER. No person shall impersonate a policeman or peace officer within the City.

9.13 ASSISTANCE TO OFFICER REQUIRED. A police officer, peace officer or other duly constituted officer of the City may make reasonable requests for assistance of local citizens when a proper performance of his duties and the emergency nature of the situation demands such assistance to be necessary for the proper fulfillment of such duties.

9.14 GAMBLING, LOTTERIES, FRAUDULENT DEVICES AND PRACTICES PROHIBITED. (Am. MSC '90) Except as provided by State law, all forms of gambling, lotteries and fraudulent devices and practices are prohibited within the City. Any peace officer or policeman may seize anything devised solely for gambling or found in actual use for gambling within the City and dispose thereof after a judicial determination that such devise was used solely for gambling or found in actual use for gambling.

9.15 UNAUTHORIZED PRESENCE ON SCHOOL PROPERTY. (Rep. & Recr. #5-79) (1) PROHIBITED. No student who is under suspension, expulsion, exemption or other discipline excluding him from attending school, any person not a student presently enrolled to attend school or one who is not an employee under the jurisdiction of the school district of the Jefferson Board of Education, no parent or guardian of a student so enrolled or not an otherwise "authorized person," shall be present within any school building or upon any school grounds under the jurisdiction of such school board without having first secured authorization to be there from the principal or other person in charge of such school building or grounds, except while in direct route to secure such authorization. Authorized persons shall include any person who is present at any school building or grounds for any purpose previously authorized by the Board of Education or its designee.

(2) DISPLAY OF AUTHORIZATION REQUIRED. Any person shall, upon request of the principal or other person in charge of any school building or upon any school grounds under the jurisdiction of such school board or upon request of any police officer, display any written authorization to be present which he may have in his possession or otherwise, explain his presence or status as such student, employee, parent, guardian or authorized person.

(3) TO BE POSTED. All entrances to the school building referred to in sub. (1) above shall be posted with a notice stating "entry into school building by unauthorized persons prohibited". All school grounds shall be posted with a notice stating "entry upon school grounds by unauthorized persons prohibited".

9.16 INDECENT CONDUCT AND LANGUAGE PROHIBITED. No person shall use any indecent, vile, profane or obscene language or conduct himself in any indecent, lewd, lascivious or obscene manner within the City.

9.17 DESTRUCTION OF PROPERTY PROHIBITED. No person shall willfully injure or intentionally deface, destroy or remove, take or meddle with any property belonging to the City or its departments or to any private person without the consent of the owner or property owner.

ORDERLY CONDUCT 9.18

9.18 LITTERING PROHIBITED. (Am. #13-85; Am. #26-96) No person shall throw or otherwise place any glass, rubbish, garbage, cut brush or vegetation, waste or filth upon the streets, alleys, highways, public parks or other property of the City, or upon any private property not owned by him or upon the surface of any body of water within the City. This subsection shall not apply to garbage or other refuse placed within the street right-of-way or in any alley in containers as required elsewhere in this Municipal Code for the purpose of regular garbage collection, so long as such containers are not placed within the traveled portion of the street or alley.

9.19 DAMAGE TO TREES, SHRUBS AND FLOWERS PROHIBITED. No person shall pick, remove, or damage any tree, shrub or flower in any public park, street or river bank.

9.20 MOLESTING BIRDS OR ANIMALS PROHIBITED. No person shall molest any bird or animal or their nests or dens on any public place or on a river bank.

9.21 BUILDING FIRES RESTRICTED. No person shall build a fire in any public place or on a river bank except where fireplaces are furnished. ORDERLY CONDUCT 9.22

9.22 GENERAL OFFENSES. (Am. #13-85) The following offenses, defined as misdemeanors by State law, are prohibited in the City as violations of public peace and good order, such definitions are incorporated herein by reference as though fully set forth, but the penalty for violations under this section shall be limited to a forfeiture as set forth in Section 25.04.

161.14(4) Possession of Marijuana;

161.41 Prohibited Acts; Penalties

161.573 Possession of drug paraphernalia (As described in (SS) 161.571 and 161.572) (Am. #19-94)

943.01(1) Criminal Damage to Property

943.20 Theft (Less Than $500)

943.21 Fraud on Hotel or Restaurant Keeper

943.24 Issue of Worthless Check (Less Than $500)

943.50 Shoplifting (Less Than $500)

946.41 Resisting or Obstructing an Officer

9.23 OVERNIGHT CAMPING. (Cr. #10-78) No person shall camp overnight in any City park or on any City Property posted "No Camping"

9.24 PARK HOURS. (Cr. #11-78) No person shall be present in any City park from 11:30 p.m. until 5 a.m. each day except City employees performing official duties or persons authorized by the City to perform maintenance duties.

9.25 CURFEW. (Cr. #13-79) (1) PROHIBITED. No person 17 or under shall be on foot, bicycle or in any type of vehicle on any public street, avenue, alley, park, school grounds or other public places in the City between 10.00 p.m. and 5:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 5:00 a.m. on Friday and Saturday, unless accompanied by his parent or guardian or person having lawful custody and control of his person or unless there exists a reasonable necessity therefore. The fact that the child, unaccompanied by parent, guardian or other person having legal custody, is found upon any street, alley, or public place during the aforementioned hours shall be prima facie evidence that the child is there unlawfully and that no reasonable excuse exists therefore.

(2) EXCEPTIONS. The provisions of (1) shall not apply to the following:

(a) Children returning home from municipal, religious, and school activities.

(b) Children during or returning home from employment.

ORDERLY CONDUCT 9.25(3)

(3) RESPONSIBILITY OF GUARDIAN. No parent, guardian or other person having the lawful care, custody and control of any person under the age of 18 shall allow or permit such person to violate the provisions of (1).

(4) RESPONSIBILITY OF PERSON OPERATING PLACES OF AMUSEMENT. No person operating or in charge of any place of amusement, entertainment, refreshment or other place of business shall permit any minor under 18 to loiter, loaf, or idle in such place during the hours prohibited by this section. Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment or other place of business during the hours prohibited by this section, finds persons under 18 loitering, loafing, or idling in such place of business, he shall immediately order such persons to leave and if such person refuses to leave, the operator shall immediately notify the police department and inform them of the violation.

(5) POWER OF ARREST. Any member of the police force shall arrest, with or without warrant, any person or persons violating the above provisions or any child unaccompanied by a parent, guardian or other adult person having the lawful care and custody of such minor child.

(6) PENALTIES. (a) Penalties For A Minor Under 18. 1. First violation. Any minor found violating the provisions of (1) shall be taken to the police station where a written record shall be made and the minor shall be released to parents or guardian at the police station.

2. Second violation. Referral to Jefferson County Juvenile Court, in accordance with the provisions of (SS). 48, WI Stats.

(b) Penalties For Parents, Guardians or Other Persons. Any person violating (3) or (4) shall upon conviction, be subject to a fine not less than $10 nor more than $50. In default of payment such person(s) shall be subject to confinement in jail not more than 5 days.

(7) DEFINITIONS. (a) Public Place. Any public street, highway, road, river, alley, park, school ground, dock, public building or vacant lot.

(b) Loiter. To remain idle or stand around, wander or saunter, stroll, play in or upon or lag behind.

(c) Parent. Any natural parent of a minor or a parent through adoption by law, 18 or over.

(d) Guardian. Any person or persons appointed through the legal proper channels required by law as having the care and custody of a minor.

(e) Other Adult Person. Person or persons having legal care and custody by due process of law.

(f) Place Open to Public. Any privately owned place of business carried on for profit or any place of amusement or entertainment to which the public is invited.

(g) Juvenile. Any person who comes under the jurisdiction of the Juvenile Court which legally means any person under 18.

(h) Minor. Any person under 18.

(i) Prima Facie Evidence. A fact presumed to be true unless disproved by some evidence to the contrary.

(j) Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway.

9.26 HAZARDOUS MATERIALS. (Cr. #15-82) (1) Every person using, storing, handling or transporting flammable or combustible liquids, chemicals, gasses or other hazardous materials, as defines in Ch. IND. 8, Wis. Adm. Code, shall comply with the requirements of Ch. IND. 8, Wis. Adm. Code, as the same is now in force and may hereafter from time be amended.

 

ORDERLY CONDUCT 9.26(2)

(2) Every person using, storing, handling or transporting (Whether by rail or on the highways) flammable combustible liquids, chemicals, gasses or other hazardous materials shall be liable to the City for the actual cost of labor and materials associated with the use of any specialized extinguishing agent, chemical, neutralizer or similar material or equipment employed to extinguish, confine, neutralize, contain or clean up any such hazardous material which is involved in any fire or accidental spill or in the threat of any fire or accidental spill.

9.27 TRESPASS. (Cr. #13-85) Section 943.13, WI Stats., is incorporated herein by reference as though fully set forth, but the penalty for violation under this section shall be limited to a forfeiture as set forth in Section 25.04. Any act required or prohibited by (SS) 943.13, WI Stats., is required or prohibited by this section.

9.28 UNDERAGE DRINKING. (Am. #3-87) Sections 125.07(1) (a), 125.07 (4) (a) and 125.09 (2), WI Stats., are incorporated herein by reference as though fully set forth. Any act required or prohibited by such sections shall be required or prohibited by this section. Any person violating this section may be subject to the appropriate penalty provided in (SS) 125.07(4)(a), (b), (c), (cg), (cm) and (d) and 125.09 (2) (d), WI Stats., which are incorporated herein by reference as though fully set forth.

9.29 HABITUAL TRUANCY. (Cr. #1-89) (1) DEFINITIONS.

Acceptable Excuse. As defined in (SS) 118.15 and 118.16 (4), WI Stats., which definition is incorporated herein by reference.

Habitual Truant. A pupil who is absent from school without an acceptable excuse under (SS) 118.15, WI Stats., for either of the following:

1. Part or all of 5 or more days out of 10 consecutive days on which school is held during a school semester.

2. Part or all of 10 or more days on which school is held during a school semester.

(2) PROHIBITED. No child shall be an habitual truant.

(3) COURT ACTION. Upon receipt of evidence from the school attendance officer that appropriate school personnel have performed all duties required by (SS) 118.16(5), WI Stats., an action may be commenced in Municipal Court by summons and complaint, which action may request one or all of the following orders from the Municipal Court:

(a) Suspension of a child's operating privileges, as defined in (SS) 340.01 (40), WI Stats., for not less than 30 days nor more than 90 days. The Court shall immediately take possession of a suspended license and forward it to the Department of Transportation with a notice stating the reason for the duration of the suspension period.

(b) An order for the child to remain at home, except during hours in which the child is attending religious worship or a school program, including the travel time required to and from the school program or place of worship. The order may permit a child to leave his home if the child is accompanied by a parent or guardian.

(c) An order for the child to attend an educational program under (SS) 48.34(12), WI Stats.

9.30 CONTRIBUTING TO TRUANCY. (Cr. #1-89) (1) Except as provided in sub. (2), no person 18 years of age or older may by an act or omission knowingly encourage or contribute to the truancy, as defined in (SS) 118.16 (1) (c), WI Stats., of a child.

(2) Sub. (1) does not apply to a person who has under his control a child who has been sanctioned under (SS) 49.50 (7)(h), WI Stats.

(3) An act or omission contributes to the truancy of a child, whether or not the child is adjudged to be in need or protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be truant.

ORDERLY CONDUCT 9.30(4)

(4) An action under this section may be commenced by citation pursuant to Section 25.04 of this Municipal Code.

9.31 REGULATION OF TOBACCO USE AND POSSESSION. (Cr. #3-92; Am. #23-97) (1) (SS) 938.983(1)-(4), Wis. Stats., is incorporated herein by reference. Any act required or prohibited by such section is required or prohibited by this section.

(2) The use of all tobacco products on premises owned, rented by or under the control of the Jefferson School Board shall be prohibited, except this section shall not apply on premises owned by the school district and rented to another for non-educational purposes.

(3) An action under this section may be commenced by citation pursuant to Section 25.04 of this Municipal code.

9.35 PENALTY. (Ren. MSC '90) (1) Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Section 25.04 of this Municipal Code.

  1. In addition to the penalty provided in sub. (1) above, any person who shall damage public property shall be liable for the costs of repairing or replacing such property. The parent of an un-emancipated child who causes damage to public or private property shall be liable for the cost thereof pursuant to (SS) 895.035, WI Stats.
  2. In addition to the penalty provided in sub. (1) above, a juvenile may be subject to the dispositions and sanctions as provided in section 25.09 of this municipal code. (Cr. #19-96.)