Alarm systems -- See Ch. 96.
Alcohol beverages-- See Ch. 100.
Animals -- See Ch. 106.
Drug paraphernalia -- See Ch. 145.
Entertainment and amusements -- See Ch. 152.
Fireworks -- See Ch. 172.
Nuisances -- See Ch. 225.
This Page is Currently Under Construction as is the Selected Ordinance Section of this Site. The Ordinances listed here, at present, should not be considered as the most current revision of the Municipal Codes.
Chapter 240, PEACE AND GOOD ORDER
[HISTORY: Adopted by the Village Board of the Village of Orfordville 3-31-1992 as Title 11, Chs. 1, 2, and 3 of the 1992 Code. Amendments noted where applicable.]
|§ 240-1. Offenses against state laws subject to forfeiture.||§ 240-14. Unauthorized presence on school property. EN|
|§ 240-2. Firearms, explosives and hunting.||§ 240-15. Smoking on school grounds.|
|§ 240-3. Weapons.||§ 240-16. Crossing police or fire line. EN|
|§ 240-4. Throwing or shooting of arrows, stones and other missiles.||§ 240-17. Damage to public property. EN|
|§ 240-5. Harassment. EN||§ 240-18. Littering.|
|§ 240-6. Sale and discharge of fireworks.||§ 240-19. Abandoned refrigerators.|
|§ 240-7. Obstructing streets and sidewalks.||§ 240-20. Theft. EN|
|§ 240-8. Loitering.||§ 240-21. Retail theft.|
|§ 240-9. Trespass to land or dwelling. EN||§ 240-22. Issuance of worthless checks.|
|§ 240-10. Loud and unnecessary noise.||§ 240-23. Theft of library material.|
|§ 240-11. Disorderly conduct.||§ 240-24. Damaging or tampering with coin machines.|
|§ 240-12. Possession of controlled substances.||§ 240-25. Cemetery regulations.|
|§ 240-13. Failure to obey lawful order.||§ 240-26. Violations and penalties.|
§ 240-1. Offenses against state laws subject to forfeiture. Page Top
The following statutes 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 that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, General Provisions, § 1-5 of this Code. Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made part of this Code.
118.07 Safety requirements
118.08 School zones; crossings
118.09 Safety zones
118.10 School safety patrols
118.105 Control of traffic on school premises
118.11 School fences
118.123 Reports and records
167.10 Fireworks regulated
173.10 Investigation of animal cruelty complaints
173.24 Reimbursement for expenses
175.25 Illegal storage of junked vehicles
254.92 Use of tobacco products
254.76 Careless smoking
938.17 Jurisdiction -- civil law and ordinance violations
938.343 Dispositions -- civil law and ordinance violations
938.344 Dispositions -- intoxicating liquor and beer violations
938.345 Disposition of child adjudged in need of protection
939.05(2)(b) Aiding and abetting
939.22 Words and phrases defined
940.291 Failure of a police officer to render aid
941.01 Negligent operation of a vehicle
941.10 Negligent handling of burning materials
941.12(2) and (3) Interfering with or failing to assist in fire fighting
941.13 False alarms and interference with fire fighting
941.20(1) Reckless use of weapon
941.23 Carrying concealed weapon
941.235 Carrying a firearm in a public building
941.24 Possession of switchblade knife
941.35 Emergency telephone calls
941.36 Fraudulent tapping of electric wires or gas or water meters or pipes
941.37(1) and (2) Obstructing emergency or rescue personnel
942.05 Opening letters
943.01(1) Criminal damage to property
943.11 Entry into locked vehicle
943.125 Entry into locked coin box
943.13 Trespass to land
943.14 Trespass to dwellings
943.145 Criminal trespass to a medical facility
943.15 Entry into locked site
943.20 Theft of property
943.21(3)(a) Fraud on innkeeper
943.22 Cheating tokens
943.23(2) Operating vehicle without owner's consent
943.34(1) Receiving stolen property
943.37 Alteration of property identification marks
943.41 Credit card crimes
943.50(4)(a) Retail theft
943.55 Removal of a shopping cart
944.17 Sexual gratification
944.20 Lewd and lascivious behavior
944.23 Making lewd, obscene or indecent drawings
944.31 Patronizing prostitutes
944.36 Solicitation of drinks prohibited
945.01 Definitions relating to gambling
945.04 Permitting premises to be used for commercial gambling
946.40 Refusing to aid officer
946.41 Resisting or obstructing officer
946.46 Encouraging violation of probation or parole
946.69 Falsely assuming to act as public officer or employee
946.70 Impersonating peace officer
946.72(2) Tampering with public records and notices
947.01 Disorderly conduct
947.012 Unlawful use of telephone
947.06 Unlawful assemblies
948.40 Contributing to the delinquency of children; neglect
948.50 Strip search by school employee
948.63 Receiving property from a child
951.015 Construction and application
951.02 Mistreating animals
951.03 Dognapping or catnapping
951.04 Leading animal from motor vehicle
951.05 Transportation of animals
951.06 Use of poisonous and controlled substances
951.07 Use of certain devices prohibited
951.08 Instigating fights between animals
951.09 Shooting at caged or staked animals
951.10 Sale of baby rabbits, chicks and other fowl
951.11 Artificially colored animals; sale
951.13 Providing proper food and drink to confined animals
951.14 Providing proper shelter
951.15 Animals, neglected or abandoned; police powers
§ 240-2. Firearms, explosives and hunting. Page Top
A. Discharge and possession of firearms regulated. No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description within the Village.
B. Shooting into Village limits. No person shall, in the territory adjacent to the Village, discharge any firearm in such manner that the discharge shall enter or fall within the Village.
C. Shooting ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the Village Board, after an advisory recommendation from the Chief of Police, where proper safety precautions are taken.
D. Explosive devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the Village without first obtaining a permit to do so from the Village Board.
E. Hunting prohibited. Hunting is prohibited within the corporate limits of the Village of Orfordville.
F. Bow and arrow. No person shall shoot or discharge any bow and arrow of a type which could cause personal injury within the Village, provided that this subsection shall not apply to practice or match shoots of regular clubs or other persons upon prior notification of, and permission by, the Police Department.
G. Definitions. For purposes of this section, "firearm" is defined as any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gunpowder.
§ 240-3. Weapons. Page Top
A. Concealed weapons in public establishments. No person shall carry or be possessed of a dangerous weapon in any public building or business establishment open to the public except a bona fide weapons repair, display or sales establishment, unless such dangerous weapon is so stored and concealed (other than on the person) so as not to be readily accessible to any person or patron. This subsection shall not apply to peace officers or others duly authorized by law acting within the scope of their duties. This subsection shall not be construed to prohibit the sale, purchase, repair or trade of firearms by a retail business establishment doing so in the course of its regular business in accord with state and federal law, nor to hinder a prospective customer from attempting to buy, sell or trade firearms to or from a retailer.
B. Specific concealed weapons prohibited. No person, except a sheriff, constable, police officer or other law enforcement officer acting within the scope of his duties, shall carry or wear concealed about his person any pistol, revolver, firearm, slingshot, crossknuckle of lead, brass or other materials, switchblade, dirk or dagger or any other dangerous or deadly weapon.
C. Possession, sale and manufacture of certain weapons prohibited.
(1) No person shall sell, manufacture, purchase, possess or carry a numchuk (also called a "nunchaku") or a churkin or a sucbai or similar weapon within the Village of Orfordville.
(2) For the purpose of this section, the following definitions shall apply:
CHURKIN -- A round throwing knife consisting of several sharp points protruding from a rounded disc.
NUMCHUK or NUNCHAKU -- An instrument consisting of two or more sticks, clubs or rods connected by a rope, cord, wire or chain.
SUCBAI -- A short length of wood or metal or similar material which when gripped in the hand protrudes on either side of the fist. Such prohibited instrument may or may not have spikes or short, pointed protrusions from either end.
(3) Any such device shall be seized by a law enforcement officer and destroyed or turned over to the State of Wisconsin Crime Laboratories for destruction.
§ 240-4. Throwing or shooting of arrows, stones and other missiles. Page Top
It shall be unlawful for any person to discharge or throw by any means any dangerous missile, object, arrow, stone, snowball or other missile at any person or property within the Village of Orfordville;
provided, however, that upon written application to the Chief of Police and Village Board a person may be granted permission by the Village Board to construct and maintain supervised archery ranges if, in the opinion of the Village Board, the construction or maintenance of such ranges will not endanger the public health and safety. In addition, persons may discharge arrows on their property for target practice purposes, provided that adequate precautions are taken to protect the public.
§ 240-5. Harassment. EN Page Top
A. Harassment. No person, with intent to harass or intimidate another person, shall do any of the following. Each instance shall be considered a separate violation.
(1) Strike, shove, kick or otherwise subject the person to physical contact or attempt or threaten to do the same.
(2) Engage in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.
B. Harassing or obscene telephone calls. Whoever commits any of the following acts shall be subject to the general penalty as provided in Chapter 1, General Provisions, § 1-5 of this Code:
(1) Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious or indecent.
(2) Makes a telephone call, whether or not conversation ensues, with the intent to abuse, threaten or harass any person at the called number or numbers.
(3) Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers.
(4) Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers.
(5) Knowingly permits any telephone under his control to be used for any purpose prohibited by this section.
(6) In conspiracy or concerted action with other persons, makes repeated calls or simultaneous calls solely to harass any person at the called number or numbers.
§ 240-6. Sale and discharge of fireworks. Page Top
No person shall sell, expose or offer for sale, use, keep, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Village unless he shall be authorized by a fireworks permit as provided in Chapter 172, Fireworks, of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all rockets or similar missiles containing explosive fuel.
§ 240-7. Obstructing streets and sidewalks. Page Top
A. Obstructing streets. No person shall loiter, cause a nuisance or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Village in such manner as to:
(1) Prevent or obstruct the free passage of pedestrian or vehicular traffic thereon;
(2) Prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place; or
(3) Cause a nuisance by congregating and hindering the free passage of pedestrian or vehicular traffic.
B. Obstructing sidewalk prohibited. No person shall block any sidewalk or bridge by obstructing the same so that it is impossible for a pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street.
C. Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
BLOCK -- To interfere with unobstructed travel by any means, including but not limited to standing on the part of the walk that is fit for travel, or placing any object or vehicle whatsoever on such walk.
LOITER -- To sit, stand, loaf, lounge, wander or stroll in an aimless manner or to stop, pause or remain in an area for no obvious reason.
NUISANCE -- Unnecessary conduct which may tend to annoy, intimidate, threaten or otherwise disturb another in or about any public street, sidewalk, bridge or public ground which is offensive to the public morals or decency of the citizens of the Village of Orfordville.
OBSTRUCT -- To interfere with unobstructed travel by any means, including but not limited to standing on the part of the walk that is fit for travel, or placing any object or vehicle whatsoever on such sidewalk.
SIDEWALK -- Any sidewalk owned or maintained by the Village. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.
D. Free speech. This section shall not be interpreted as prohibiting any person from stopping on any sidewalk to talk or to make a speech, provided that such person shall not stand in such a location that it is impossible for any pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street. If two or more persons are engaged in talking while stopped on a sidewalk, they shall not stand in such location as to completely prevent any pedestrian from passing them on the sidewalk.
§ 240-8. Loitering.
A. General regulation of loitering. 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 law enforcement officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstance 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 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.
B. Public property loitering prohibited.
(1) No person shall loiter in or about any public street, public sidewalk, street crossing, alley, bridge, public parking lot or other place of assembly or public use after being requested to move by any police officer.
(2) 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.
C. Private property loitering prohibited.
(1) No person shall loiter in or about any private premises or adjacent doorways or entrances or upon private property held out for public use, including but not limited to business or industry parking lots or shopping malls, without invitation from the owner or occupant or by any person in authority at such places.
(2) Upon being requested to move by any such person in authority or by any police officer, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request. EN
D. Definitions. As used in this section, the terms "loiter" and "nuisance" shall have the meanings provided in § 240-7C.EN
§ 240-9. Trespass to land or dwelling. EN Page Top
A. Trespass to land. No person shall enter or remain on any land after having been notified by the owner or occupant not to remain on the premises.
B. Trespass to dwelling. No person shall intentionally enter the dwelling of another without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace.
§ 240-10. Loud and unnecessary noise. Page Top
A. Loud and unnecessary noise prohibited. It shall be unlawful for any person to make, continue or cause to be made or continued any loud and unnecessary noise.
B. Types of loud and unnecessary noises. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the Village for longer than three seconds in any period of one minute or less, except as a danger warning; the creation of any unreasonably loud or harsh sound by means of any signaling device and the sounding of any plainly audible device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.
(2) Radios, phonographs and similar devices. The using, operating or permitting to be played, used or operated any radio receiving set; musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a loud and unnecessary manner. The operation of any set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible at the property line of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
(3) Loudspeakers and amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.
(4) Animals and birds. The keeping of any animal or bird which causes frequent or long-continued unnecessary noise.
(5) Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper Village authorities.
(6) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat except through a muffler or other device which will effectively prevent loud or explosive noises there from.
(7) 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, steam 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 9:00 p.m.; provided, however, that the Building Inspector shall have the authority, upon determining that the loss or inconvenience which would result to any party in interest would be extraordinary and of such nature as to warrant special consideration, to grant a permit for a period necessary within which time such work and operation may take place within the hours of 9:00 p.m. to 7:00 a.m.
(8) Schools, courts, churches and hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of that institution, or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in those streets indicating a school, hospital or court street.
(9) The provisions of this section shall not apply to:
(a) Any vehicle of the Village while engaged in necessary public business.
(b) Excavations or repairs of streets or other public construction by or on behalf of the Village, county, or state at night when public welfare and convenience render it impossible to perform such work during the day.
(c) The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in nature.
C. Permits for amplifying devices.
(1) Permit required. The use of loudspeakers or amplifying devices on the streets or in the parks of the Village of Orfordville is prohibited unless the party desiring to use such loudspeaker or amplifying device first obtains a permit from the Chief of Police.
(2) Grounds or reasons for denial or allowance. The Chief of said Police Department shall have the authority to revoke such permit when he believes such loudspeaker or amplifying device is becoming a nuisance because of the volume, the method in which it is being used or the location in which it is being operated.
(3) Time restrictions. The Chief of Police shall not grant a permit to use a loudspeaker or amplifying device before the hour of 9:00 a.m. or after 11:00 p.m., nor shall a permit be granted to anyone who, in the opinion of the Chief of Police, uses said loudspeaker or amplifying device in such a manner or for such a purpose as to constitute a nuisance.
(4) Exceptions. The regulation of the use and times for use of amplifying devices may be modified by the Village Board.
§ 240-11. Disorderly conduct. Page Top
A. Disorderly conduct prohibited. No person within the Village of Orfordville shall:
(1) In any public or private place engage in violent, noisy, riotous, 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 annoy or disturb any other person.
(2) Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
B. Disorderly conduct with motor vehicle. No person shall make unnecessary and annoying noises with a motor vehicle, including motorcycles and all-terrain vehicles, by squealing tires, excessive acceleration of the engine or by emitting unnecessary and loud muffler noise.
C. Defecating or urinating in public places. It shall be unlawful for any person to defecate or urinate outside of designed sanitary facilities, upon any sidewalk, street, alley, public parking lot, park, playground, cemetery or other public area within the Village, or upon any private property in open view of the public, or in the halls, stairways or elevators of public or commercial buildings, or to indecently expose his person.
§ 240-12. Possession of controlled substances. Page Top
A. Controlled substances. It shall be unlawful for any person to possess a controlled substance contrary to the Uniform Controlled Substances Act, Ch. 961, Wis. Stats.
B. Possession of marijuana. No person shall possess any amount of marijuana, tetrahydrocannabinois or any derivative thereof, unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a licensed physician or pharmacist for a valid medical purpose.
§ 240-13. Failure to obey lawful order. Page Top
It shall be unlawful for any person to fail to obey the direction or order of a police officer while such police officer is acting in an official capacity in carrying out his or her
§ 240-14. Unauthorized presence on school property. EN
A. Unauthorized presence.
(1) No student who is under suspension, expulsion, or other disciplinary procedures excluding him from attending any school located within the Village or any person not a student presently enrolled or not an employee of such school or not a parent or guardian of a student, or not an otherwise authorized person, shall be present within any school building or upon any school grounds without having first secured authorization to be there from the principal or other person in charge of the school building or school grounds, except while in direct route to secure such authorization.
(2) Any unauthorized person who shall come upon school property and refuses to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3) "Authorized person" shall include:
(a) Any person who is present at any school building or school grounds for a purpose previously authorized by the school or its designee.
(b) Any person transporting a student and who utilizes the driveway specified for loading and unloading personnel.
(c) Any person utilizing a designated area for attending an athletic or other organized school event.
B. Disorderly conduct on public school property.
(1) No person shall, on any school property or building, engage in violent, abusive, loud or otherwise disorderly conduct which causes or provokes an immediate disturbance of public order or disturbs or annoys any other person, nor shall a person intentionally engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
(2) Non-students, students from schools other than the school on the property or students from a school who are not in compliance with the school system's published rules and regulations shall be considered in violation of this section. The published rules and regulations of the school system are incorporated as if fully set forth herein.
(3) All entrances to the school buildings referred to in Subsection A shall be posted with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."
(4) "Unauthorized presence" shall include any vehicle that is found on school property which has not received permission to be there. If the occupants or owners are not on school property for some legitimate business or activity or are parked in an area that restricts parking to certain authorized vehicles, they are in violation. Such vehicle may be issued a Village summons that regulates parking or may be towed away at the direction of the school principal or person in charge of such school building. Law enforcement officers may also have any vehicle towed away which, because of its location, creates a hazard to life or property.
C. Loitering near school prohibited. No person not in official attendance or on official school business shall enter into, congregate, loiter or cause a nuisance in any school building in the Village of Orfordville or upon any school district grounds or within adjacent posted school zones on any day when such schools are in session.
D. Possession of intoxicating liquor and fermented malt beverages. No person shall possess intoxicating liquor or fermented malt beverages while on any school property.
E. Definitions. As used in this section, the terms "loiter" and "nuisance" shall have the meanings provided in § 240-7C of this chapter.
§ 240-15. Smoking on school grounds. Page Top
A. No smoking. No person shall be permitted to smoke on school grounds except as provided herein.
B. Definitions. As used in this section, the following terms shall have the meanings indicated:
SCHOOL GROUNDS -- Any premises owned or rented by or under the control of a school board located within the confines of the Village of Orfordville.
TO SMOKE or SMOKING -- Carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment.
C. Exception. Smoking on such school grounds may be permitted if the school board which has control of the school grounds determines by resolution properly adopted that persons who rent all or a portion of the school grounds for noneducational purposes may be permitted to smoke when using the school grounds for such purposes.
(1) Any person 18 years of age or older who shall violate the provisions of this section shall be subject to a forfeiture as provided in Chapter 1, General Provisions, § 1-5 of this Code.
(2) Any child between 14 and 17 years of age violating the provisions of this section shall be subject to a forfeiture of not more than $25. Any such forfeiture order shall include a finding that the child alone is financially able to pay.
(3) If a child fails to pay the forfeiture within six months, the court may suspend the child's operating privileges as defined in § 340.01(40), Wis. Stats., for not less than 30 nor more than 90 days. The court, upon such suspension, shall immediately take possession of the suspended license and forward it to the Department of Motor Vehicles which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay the forfeiture imposed by the court. If the forfeiture is paid during the first 30 days after the license is suspended, the suspension shall be reduced to a minimum period of 30 days. If the forfeiture is paid after the first 30 days, the court shall immediately notify the Department which shall thereupon, after processing, return the license to such person.
§ 240-16. Crossing police or fire line. EN Page Top
No individual shall cross a police or fire line that has been so designated by banner, signs or other similar identification.
§ 240-17. Damage to public property. EN
A. Damaging public property. No person shall climb any tree or pluck any flowers or fruit, wild or cultivated, or break, cut down, trample upon, remove, or in any manner injure or deface, write upon, defile or ill use any tree, shrub, flower, flower bed, turf, fountain, ornament, statue, building, fence, apparatus, bench, table, official notice, sign, bridge, structure or other property within any park or parkway, or in any way injure, damage or deface any public building, sidewalk or other public property in the Village of Orfordville.
B. Breaking of streetlamps or windows. No person shall break glass in any streetlamps or windows of any building owned or occupied by the Village.
C. Damaging fire hydrants and water mains. No person shall, without the authority of Village authorities, operate any valve connected with the street or water supply mains, or open any fire hydrant connected with the water distribution system, except for the purpose of extinguishing a fire. No person shall injure or impair the use of any water main or fire hydrant.
§ 240-18. Littering. Page Top
A. Littering prohibited. No person shall throw any glass, refuse or waste, filth or other litter upon the streets, alleys, highways, public parks or other property of the Village or of any private person or the surface of any body of water within the Village of Orfordville.
B. Litter from conduct of commercial enterprise.
(1) Scope. The provisions of this Subsection B shall apply to all sales, promotions and other commercial ventures that result in litter being deposited on any street, alley or other public way.
(2) Cleanup of litter. Any person, firm, corporation or association carrying on an enterprise that results in litter being deposited on any street, alley or other public way shall clean up the same within 24 hours of the time the same is deposited or immediately if such litter or debris presents a traffic or safety hazard. If any such litter is subject to being blown about, it shall be picked up immediately. If any such litter is likely to attract animals or vermin, such litter shall be picked up immediately.
(3) Litter picked up at litterer's expense. If any person, firm, corporation or association fails to pick up any litter as required by Subsection B(1) within the time specified, the Village shall arrange to have the same picked up by Village crews or by private enterprise. The entire expense of picking up such litter, together with an additional charge of 20% for administrative expenses, shall be charged to the person, firm, corporation or association that did the littering. If such sum is not promptly paid, steps shall be taken, with the advice of the Village Attorney's office, to collect the same. This charge shall be in addition to any forfeiture or other penalty for violation of this section.
C. Dumping of refuse and grass in gutters. Except for temporary placement up to 12 hours, no person shall deposit any refuse, leaves or grass clippings in any gutter along any public street, road, alley or highway.
D. Depositing of materials prohibited. Except as provided in Subsection C, it shall be unlawful for any person to deposit or cause or permit to be deposited, placed or parked any vegetation, earth, sand, gravel, water, snow, ice, debris, waste material, foreign substance, construction materials, equipment or object upon any street, sidewalk or public property without authorization of the Village Board or its designee, pursuant to the provisions of this Code, or upon any private property without the consent of the owner or lessee of the property. Any person who deposits, causes or permits to be deposited, placed or parked any such materials, equipment or objects upon any street, sidewalk or property shall be responsible for properly marking or barricading the area so as to prevent a safety hazard.
(1) Scattering prohibited. It shall be unlawful to deliver any handbills or advertising material to any premises in the Village except by being handed to the recipient, placed on the porch, stoop or entranceway of the building or firmly affixed to a building so as to prevent any such articles from being blown about, becoming scattered or in any way causing litter.
(2) Papers in public places prohibited. It shall be unlawful to leave any handbills, advertising material or newspapers unattended in any street, alley, public building or other public place, provided that this shall not prohibit the sale of newspapers in vending machines.
(3) Advertisements upon public or private property. No person shall place any advertisement upon any public property or any street, alley or public ground or upon any private property situated and fixed in any street, alley or public ground or upon any other private property, except by the permission of the owner thereof, but this section shall not apply to the posting of notices required by law.
§ 240-19. Abandoned refrigerators. Page Top
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 may not be released from the inside without first removing said door or lid, snap lock or other locking device from said 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.
§ 240-20. Theft. EN Page Top
No person shall intentionally take and carry away, use, transfer, conceal or retain possession of movable property of another without his consent and with intent to deprive the owner permanently of possession of such property.
§ 240-21. Retail theft. Page Top
A. Whoever intentionally alters indicia of price or value of merchandise or takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant without consent and with intent to deprive the merchant permanently of possession or the full purchase price may be penalized as provided in Subsection D.
B. The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payments in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods.
C. A merchant or merchant's adult employee who has probable cause for believing that a person has violated this section in his presence may detain such person in a reasonable manner for a reasonable length of time to deliver him to a peace officer, or to his parent or guardian if a minor. The detained person must be promptly informed of the purpose for the detention and may make phone calls, but he shall not be interrogated or searched against his will before the arrival of a police officer who may conduct a lawful interrogation of the accused person. Compliance with this subsection entitles the merchant or his employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.
D. Penalty. If the value of the merchandise does not exceed $100, any person violating this section shall forfeit not more than $200. If the value of the merchandise exceeds $100, this section shall not apply and the matter shall be referred to the District Attorney for criminal prosecution.
§ 240-22. Issuance of worthless checks. Page Top
A. Whoever issues any check or other order for the payment of money less than $1,000 which, at the time of issuance, he or she intends shall not be paid is guilty of a violation of this section.
B. Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for payment of money intended it should not be paid:
(1) Proof that, at the time of issuance, the person did not have an account with the drawee;
(2) Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order; or
(3) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order.
C. This section does not apply to a postdated check or to a check given in past consideration, except a payroll check.
D. In addition to the penalty prescribed in Chapter 1, General Provisions, § 1-5, any person who violates the provisions of this section shall be required to make restitution to the party to whom the worthless check was issued.
§ 240-23. Theft of library material. Page Top
A. Definitions. For the purposes of this section, certain words and terms are defined as follows:
ARCHIVES -- A place in which public or institutional records are systematically preserved.
LIBRARY -- Any public library, library of an educational or historical organization or society or museum, and specifically the public libraries serving the Village of Orfordville.
LIBRARY MATERIAL -- Includes any book, plate, picture photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, or other tapes, artifacts or other documents, written or printed materials, regardless of physical form or characteristics, belonging to, on loan to or otherwise in the custody of a library.
B. Possession without consent prohibited. Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of possession of the material may be subject to a forfeiture as provided by Chapter 1, General Provisions, § 1-5 of this Code. The failure to return library material after its proper return date, after written notice from the library and Village Attorney, shall be deemed to be theft. Notice shall be considered given when written notice is mailed to the last known address of the person with the overdue material. The notice date shall be the date of mailing.
C. Concealment. The concealment of library material beyond the last station for borrowing library material in a library is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library's procedures or taken with consent of a library official, agent or employee and which is concealed upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material.
D. Detention based on probable cause. An official or adult employee or agent of a library who has probable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer or to the person's parent or guardian in the case of a minor. The detained person shall be promptly informed of the purpose of the detention and be permitted to make telephone calls but shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. Compliance with this section entitles the official, agent or employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.
E. Damaging material prohibited. No person shall mar, deface or in any other way damage or mutilate any library material.
F. Return demanded. No person shall fail, on demand, to return any library material when such demand has been made in accordance with the rules and regulations duly made and adopted by the library.
§ 240-24. Damaging or tampering with coin machines. Page Top
A. No person shall, without lawful authority, open, remove or damage any coin machine, coin telephone or other vending machine dispensing goods or services, or a part thereof, or possess a key or device specifically designed to open or break any coin machine, coin telephone or other vending machine dispensing goods or services, or possess a drawing, print or mold of a key or device specifically designed to open or break any coin machine, coin telephone or other vending machine dispensing goods or services within the limits of the Village.
B. In this section, "coin machine" means any device or receptacle designed to receive money or anything of value. The term includes a depository box, parking meter, vending machine, pay telephone, money-changing machine, and coin-operated phonograph and amusement machine if they are designed to receive money or other thing of value.EN
§ 240-25. Cemetery regulations. Page Top
A. Purpose and definition. In order to protect cemetery areas within the Village from injury, damage or desecration, these regulations are enacted. The term "cemetery" as hereinafter used in this section shall include all cemetery property, grounds, equipment and structures, both privately and publicly owned, which are located within the Village of Orfordville.
B. Authority to establish rules and regulations. The cemetery property owner shall have the authority to establish reasonable rules and regulations to regulate and govern the operation of any cemetery in accordance with state law and this Code. The cemetery property owner shall reserve the right to prohibit and regulate the planting or placement of any flowers, plants, vines, shrubs, trees, flower pots, urns or other objects on cemetery property. Placement of any such plantings, containers or objects shall be in accordance with established regulations of the cemetery property owner.
C. Specific regulations.
(1) Disturbing cemetery property. No person shall cut, remove, damage or carry away any flowers, plants, vines, shrubs or trees from any cemetery lot or property, except the owner of the cemetery lot or a person with the cemetery lot owner's consent or any cemetery employee or representative engaged in official cemetery duties for the cemetery owner; nor shall any person without proper authority remove, deface, mark or damage in any manner any cemetery markers, headstones, monuments, fences or structures; nor shall any person without proper authority remove, damage or destroy any vases, flower pots, urns or other objects which have been placed on any cemetery lot; nor shall any person move or remove any cemetery equipment without the owner's consent.
(2) Protection of cemetery property. No person shall trap in any cemetery without specific written authorization of the owner; nor shall any person kill, injure or disturb or attempt to injure or disturb any animals, birds or waterfowl, wild or domestic, within any cemetery in any manner except as provided by this Code; nor shall any person climb any tree, break, cut down, trample upon, remove or in any manner injure, deface, write upon or in any manner damage any tree, shrub, flower, flower bed, turf, grassy area, soil, building, structure, equipment, official notice, sign or other property within any cemetery.
(3) Motor vehicles. Motor vehicles are restricted to the roads and drives and parking areas. Except for authorized maintenance vehicles, no person shall operate an unlicensed or licensed motorized vehicle on any cemetery property outside of areas specifically designated as parking areas or areas where the operation of such vehicles is specifically permitted. It shall be unlawful for a person to engage in any off-roadway operation of a motorized vehicle on cemetery property without the owner's consent.
(4) Speed limit. No person shall operate any motorized vehicle in any cemetery in excess of 15 miles per hour unless otherwise posted.
(5) Parking. No person, without the owner's consent, shall park any motor vehicle in any cemetery on any grassy or seeded area or upon any location except a designated parking area, nor shall any person park a motor vehicle on cemetery property for any purpose except engaging in official cemetery business. Any unlawfully parked motor vehicle may be towed or removed by the cemetery property owner at the vehicle owner's expense.
(6) Littering prohibited. No person shall litter, dump or deposit any rubbish, refuse, earth or other material in any cemetery without the owner's consent.
(7) Pets. Pets, including animals of any species, are prohibited in any cemetery without the cemetery owner's consent.
(8) Sound devices. No person shall operate or play any amplifying system or sound device in any cemetery without the owner's consent.
(9) Authorized notices. No person shall post, paste, fasten, paint or attach any placard, bill, notice, sign or advertising matter upon any structure, tree or other natural object in any cemetery, except under these regulations. No person shall remove, deface or damage in any manner any official sign or notice posted in any cemetery.
(10) Loitering prohibited. No person shall loiter or cause a nuisance or engage in any sport or exercise on any cemetery property without the owner's consent.
(11) Alcohol beverages prohibited. No person shall consume or have in his possession any open container containing an alcohol beverage upon any cemetery property within the Village unless the property is specifically named as being part of a licensed premises.
(12) Play vehicles prohibited. No person shall operate or make use of a play vehicle upon any cemetery property without the owner's consent. As used in this section, "play vehicle" shall mean any coaster, skateboard, roller-skates, sled, toboggan, unicycle, or toy vehicle upon which a person may ride.
(13) Presence after hours prohibited. No person shall be present upon any cemetery property without the owner's consent during posted hours when the cemetery is not open to the public.
§ 240-26. Violations and penalties. Page Top
In addition to the general penalty of this Code in Chapter 1, General Provisions, § 1-5 or any other penalty imposed for violation of any section of this article, any person who shall cause physical damage to or destroy any public property shall be liable for the cost of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 240-17 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with the Wisconsin Statutes. Nothing in this Code shall prevent the Police Department from referring violations of the provisions of this chapter to the District Attorney's office in the interest of justice.