CHAPTER 3 PEACE AND GOOD ORDER

3.0 - BURNING ORDINANCE

3.001 OPEN BURNING RESTRICTED All open burning is prohibited without permit except in the A-1 and A-2 districts as follows: A. A person may burn trees and brush only if such trees and brush have been cut up into segments not longer than 4 feet and confined to an area not larger than 10 feet by 10 feet during such burning. A person may burn leaves and/or grass only if such leaves and grass are raked up and confined to an area not greater than 10 feet by 10 feet during such burning. The foregoing exceptions to the prohibition on open burning shall not be construed to permit the burning of fields, ditches or fence lines or the burning of trees or brush which have not been cut down. Permitting a fire to spread out of the specified 10 foot by 10 foot area, whether intentionally or not, shall be considered a violation of this ordinance.

B.

C.

D.

3.002

PLACE RESTRICTED A. No person shall kindle, or cause to be kindled, or otherwise permit or allow any open fire in or upon any street, alley or public way or within 25 feet of any building.

3.003

PENALTIES A. Violations - Any person violating this ordinance shall reimburse the Village for the reasonable cost of fire protection services made necessary by the violation including, but not limited to, the costs of investigation of the violation and any response by the Village's fire department as a result of the violation. Any person, firm, or corporation, or agent, employee, or contractor of such who violates any provision of this ordinance shall, upon conviction thereof, forfeit an amount to be set from time to time by resolution of the Village Board, together with the costs of prosecution, and in default of payment of such forfeiture and costs shall be imprisoned in the County jail until payment of such forfeiture and the costs of prosecution are made. Confinement to the County jail shall not exceed thirty (30) days for an offense. Each violation and each day of violation shall constitute a separate offense. Repealed 4/3/01 The prosecution for violations of this ordinance or payment of the penalties provided shall not prohibit any person from seeking any other remedy against the person causing or permitting the burning.

B.

C. D.

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3.1 - ORDINANCE ESTABLISHING A CURFEW

CURFEW 3.101 CHILDREN IN STREET AT NIGHT A. No child under the age of 17 years shall loiter, idle or remain upon any street, alley or other public place in the Village between 10:00 p.m. and 6:00 a.m. the next day unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child. Exceptions. This section shall not apply to a child: 1. Performing an errand as directed by parent, guardian or person having lawful custody. Who is on his own premises or the areas immediately adjacent thereto. Whose employment makes it necessary to be upon the streets, alleys, public places or any motor vehicle after such hour. Returning home from a supervised school, church or civic function.

B.

2. 3.

4.

These exceptions shall not, however, permit a child to unnecessarily loiter about the streets, alleys or public places or be in a parked motor vehicle on the public street. 3.102 PARENTAL VIOLATION No parent, guardian or other person having legal custody of a child under the age of 17 years shall permit or suffer such child to loiter, idle or remain upon any street, alley or other public place in the Village between 10:00 p.m. and 6:00 a.m. the next day, unless such child is accompanied by his parent, guardian or other adult person having legal custody of such child. 3.103 RESPONSIBILITY OF OPERATORS OF PLACES OF AMUSEMENT No person operating a place of amusement or entertainment within the Village, or any agent, servant or employee of any such person, shall permit a child under the age of 17 years to enter or loiter in such place of amusement or entertainment between 10:00 p.m. and 6:00 a.m. the next day unless such child is accompanied by his or her parent, guardian or other adult person having legal custody of such child. 3.104 RESPONSIBILITY OF HOTELS, MOTELS, AND ROOMING HOUSES No person operating a hotel, motel, or lodging or rooming house within the Village, or any agent, servant or employee of such person, shall permit any child under the age of 17 years to visit, idle, wander or stroll in any portion of such hotel, motel or lodging or rooming

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house between 10:00 p.m. and 6:00 a.m. the next day, unless such child is accompanied by his parent, guardian or other adult person having legal custody for such child. 3.105 LOITERING IN SCHOOL AND PLAYGROUND AREAS No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand or play in any school building or in or about any playground area adjacent thereto within the Village between 8:00 a.m. and 4:00 p.m. on official school days. 3.106 DETAINING A CHILD A child believed to be violating the provisions of this section shall be taken to the Police Chief or the County Sheriff's Department for proper identification. Every law enforcement officer while on duty may detain any child violating 3.101, 3.103, 3.104 and 3.105 until such time as the parent, guardian, or other adult person having legal custody of the child shall be immediately notified and the person so notified shall, as soon as reasonably possible thereafter, report to the Police Chief's or the Sheriff's office to take the child into custody and shall sign a release for him. 3.107 WARNING The first time a child is detained by law enforcement officers as provided in 3.106, a parent, guardian or person having legal custody shall be advised as to the provisions of this section; and any violation of this section occurring thereafter by this child or any other child under such person's care or custody shall result in a penalty being imposed as herein provided. 3.108 PENALTY A. Any parent, guardian or person having legal custody of a child described in 3.101, 3.103, 3.104 and 3.105 who has been warned in the manner provided in 3.107 and who thereafter violates any of the provisions of this section shall be subject to a forfeiture of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00) for each offense. No violation of this Ordinance shall be or shall be construed to be a misdemeanor, nor shall imprisonment be imposed as a punishment for violation of this Ordinance, except for failure of the defendant to pay the forfeiture imposed by the Court. Any child who violates this section after being detained and released under 3.106 shall be dealt with under Ch. 48, Wis. Stats.

B.

This ordinance shall take effect upon passage and publication as provided by law.

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3.2 - ORDINANCE ON ABATEMENT OF BARKING DOGS

3.201

DEFINITIONS 1. "Owner" shall mean any person owning, harboring or keeping a dog and the occupant of any premises on which a dog remains or to which it customarily returns daily for a period of ten days, is presumed to be harboring or keeping the dog within the meaning of this section. Dog shall mean any canine, regardless of age or sex.

2. 3.202

RESTRICTION ON KEEPING DOGS 1. It shall be unlawful for any person in the Village of Hobart to own, harbor or keep any dog which habitually barks or howls to the annoyance of any person or person.

3.203

ENFORCEMENT OF ORDINANCE 1. Upon receiving a complaint from a person or persons of a barking dog, the police department shall serve a written notice on the owner of said dog, where the written notice shall indicate: A. B. C. 2. Time and place of disturbance created by the dog. Description of dog. Action to be taken by the Village upon further complaint.

Upon receiving a second complaint from a person or persons of the dog described in the written notice of 3.203(1), the ordinance, the police department shall impound the dog for a period of time in accordance with Section 174.10(2), Wis. Stats., and the police department shall serve written notice on the owner within forty-eight (48) hours of impounding. The owner may recover the dog within the period of time described in Section 174.10(2), Wis. Stats., as established by the Village Board. If the owner shall not recover the dog in the period described in Section 174.10(2), Wis. Stats., the dog shall be disposed of according to means in Section 174.10(2), Wis. Stats.

3.

3.204

PENALTIES

Any owner who shall keep or harbor a barking dog after receiving the second written notice as described in Section 3.203(2) of this ordinance shall be subject to a forfeiture of not less than $5.00 and not more than $500.00 together with the actual costs of prosecution, including attorneys fees. Each day of continuing violation shall constitute a separate offense.

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3.3 - HUNTING ORDINANCE

3.301

NO HUNTING DURING GUN DEER SEASON There shall be no hunting during gun deer season in the following area: From the corner of County Highway FF and State Highway 29, 1 mile West on State Highway 29 to corner of Section 11/12 then South approx. 1/2 mile to Section line of 12 & 13, then East 1/4 mile on Section line 12/13, then South 1/2 mile in Section 13 to Hill Drive, then 3/4 mile on Hill Drive East to Corner of Hill Drive and County Highway FF.

3.302

NO DISCHARGE OF ANY WEAPON AT ANY TIME There shall be no discharge of any weapon at any time by anyone other than a duly authorized law enforcement officer in the performance of his official duties, in the following area: East of the line from the corner of State Highway 29 and County Highway FF to County Highway J and County Highway FF and North of County Highway J from the corner of County Highway FF to State Highway 29. Also in the area known as Sanitary District #2 with the following boundaries: All property North of E. Adam Drive, West of Packerland, South of the Village of Ashwaubenon line and East of the Airport Property.

3.303

NO PERSON UNDER 16 YEARS of age shall have in his possession a firearm, including a pellet gun or air gun, unless accompanied by a parent or guardian.

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3.4 - NUISANCE ORDINANCE

3.401

PUBLIC NUISANCES PROHIBITED

No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village of Hobart. 3.402 A. DEFINITIONS PUBLIC NUISANCES A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to: 1. Substantially annoy, injure, or endanger the comfort, health, repose or safety of the public. In any way render the public insecure in life or in the use of property. Greatly offend the public morals or decency. Unlawfully and substantially interfere with, obstruct, or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way.

2. 3. 4.

B.

PUBLIC NUISANCES AFFECTING HEALTH The following acts, omissions, places, conditions, and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of subsection A of this section. 1. All decayed, harmfully adulterated, or unwholesome food or drink sold or offered for sale to the public. Carcasses of animals, birds, or fowl not buried or otherwise disposed of in a sanitary manner within 24 hours after death. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease carrying insects, rats or other vermin breed. All stagnant water in which mosquitoes, flies, or other insects can multiply. Garbage cans which are not fly-tight. All noxious weeds and other rank growth of vegetation. All animals running at large.

2.

3.

4. 5. 6. 7.

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8.

The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the Village in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes, refuse, garbage, or other substances. Any use of property, substances, or things within the Village emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, or stenches extremely repulsive to the physical senses or ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Village. All abandoned wells not securely covered or secured from public use. Any obstruction in or across any watercourse, drainage ditch or swale. The deposit of garbage, refuse, or any offensive substance on any public or private property except as may be permitted by ordinance.

9.

10.

11. 12. 13.

C.

PUBLIC NUISANCES OFFENDING MORALS AND DECENCY The following acts, omissions, places, conditions, and things are hereby specifically declared to be public nuisances offending public morals and decency but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of subsection A of this section. 1. All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or restored to for the purpose of prostitution, promiscuous sexual intercourse or gambling. All gambling devices and slot machines. All places where intoxicating liquor or fermented malt beverages are sold, brewed, bottled, manufactured or rectified without a permit or license as provided by the Village. Any place or premises where Village ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly, and intentionally violated. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented mal beverages in violation of the laws of the State of Wisconsin or the ordinances of the Village.

2. 3.

4.

5.

D.

PUBLIC ORDINANCES AFFECTING PEACE AND SAFETY 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 coming within the provisions of subsection A of this section.

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1.

All ice not removed from the public sidewalks and all snow not removed from public sidewalks within 24 hours after it has ceased to fall thereon. All signs and billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public so situated or constructed as to endanger the public safety. All buildings erected, repaired or altered within the fire limits of the Village in violation of the provisions of the ordinances of the Village relating to materials and manner or construction of buildings and structures within said district. All unauthorized signs, signals, markings, or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of the public highway or railway crossing. 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. All limbs of trees which project over a public sidewalk, less than 8 feet above the surface thereof or less than 10 feet over the surface of a public street. All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the Village. All buildings or structures so old, dilapidated or out of repair so as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use. All wires over streets, alleys or public grounds which are strung less than 18 feet above the surface of the street or ground. All loud, discordant and unnecessary noises or vibrations of any kind tending to unreasonably disturb the peace and quiet of persons in the vicinity thereof unless the making and the continuing of the same cannot be prevented and is necessary for the protection and preservation of the health, safety, life or limb of some person. a. No person occupying or having charge of any building or premises shall cause, suffer or allow any loud, excessive or unusual noise in the operation or use of any radio, phonograph or other mechanical or electrical sound making or reproducing device or machine which loud, excessive or unusual noise shall disturb the comfort, quiet, or repose of persons therein or in the vicinity. No person shall use or operate in any public street or place or in front of or outside of any building, place or premise or in or through any window, doorway or opening of any building adjacent to any public street or place any device, apparatus, or instrument for the amplification of the human voice or sound or noise or other sound making or sound reproducing device. No person shall make for the purpose of advertising any

2.

3.

4.

5.

6.

7.

8.

9.

10.

b.

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immoderate or excessive use of the voice of any bell, gong, horn, instrument, article or device. c. No person operating or having charge of or occupying any building or premises shall keep or allow to be kept any animal or bird which shall habitually by any noise disturb the peace and quiet of any person in the vicinity thereof. No person shall park or leave standing for more than 15 minutes in any street in the Village a vehicle containing livestock, live fowl, or other living animals. Nothing in this section shall apply to the use of loud speaking or amplifying systems as follows: 1) 2) 3) 4) By a school when used in connection with an educational, athletic, entertaining or recreational purpose By a church when used in connection with an educational, religious or recreational activity Within a public park of the Village subject to the rules and regulations of the Park Board The using of loud speaking or amplifying systems after registering with the Police Department as follows: a) An amplifying system may be used on the public streets of the Village between the hours of 9:00 a.m. and 9:00 p.m. provided such use does not interfere or annoy any religious, educational or recreational gathering and is not audible to the human ear for the distance of more than 300 feet. The use shall at all times be under the jurisdiction of the Police Department who are hereby given the authority to restrain the use if, in their opinion, the same is a public nuisance or a public annoyance. An amplifying system may be used in front of or outside a building between the hours of 9:00 a.m. and 9:00 p.m. provided that the same is not audible to the human ear at a distance of 100 feet. If the use becomes a public nuisance to disturb the peace and quiet of any persons, the use shall be discontinued.

d.

e.

b)

11.

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. The 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 length of time after the purpose thereof has been accomplished. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.

12.

13.

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14.

All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which cannot be opened by pushing from the inside by a small child. Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks. Repeated or continuous violations of the ordinances of the Village or laws of the State of Wisconsin relating to the storage of flammable liquids. Any structure, material or condition which constitutes a fire hazard or will impair extinguishing of any fire. Any and all excavations, including basements, which have been abandoned or for which a building permit has become null and void, or which permit has been revoked by the Zoning Administrator. Any nuisance so defined by the Wisconsin Statutes.

15.

16.

17.

18.

19. E.

SMOKE 1. Dense Smoke - The emission of dense smoke from the smokestack of any engine or from the smokestack or chimney of any building within the Village is hereby declared to be a public nuisance and is prohibited. Stationary Engine - The owner, lessee, or occupant of any building, or the fireman, engineer, or any other person having charge or control of any furnace or stationary engine who shall cause, permit, or allow dense smoke to issue or to be emitted from the smokestack or chimney connected with any such furnace of stationary engine within the Village shall be guilty of creating a public nuisance and of violating the provisions of this section. All Soot Prohibited - The emission of soot, cinders, or coal dust from any chimney, stack, furnace, or from any building within the Village is hereby declared to be a public nuisance and is prohibited.

2.

3.

F.

STORAGE OF JUNK No person shall store junk or discarded property including old, unused junk and automobiles not in good, safe operating condition, and any other vehicles or personal property of any kind or automobile parts, trucks, tractors, machinery, machinery implements, or machinery parts, refrigerators, furnaces, washing machines, stoves, wood, bricks, cement blocks or other unsightly debris which is no longer safely usable for the purpose for which it was manufactured, and/or which substantially depreciates property values in the neighborhood except in an enclosure which houses such property from public view, or upon permit issued by the Village. A violation of this section is declared a public nuisance.

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3.403 A.

ABATEMENT OF PUBLIC NUISANCES INSPECTION OF PREMISES Whenever complaint is made to the Village Board that a public nuisance exists they shall notify the Police Department, Health Officer or Building Inspector who shall forthwith inspect or cause to be inspected the premises and shall make a written report of his findings to the Village Board. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the Village Clerk.

B.

SUMMARY ABATEMENT 1. Notice to Owner - If the inspecting officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Village President may direct the Village Police Department to serve notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting, or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant, or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 24 hours and shall state that unless such nuisance is so abated, the Village will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same. Abatement by Village - If the nuisance is not abated within the time provided, or if the owner, occupant or person causing the nuisance cannot be found, the Village Police Department shall cause the abatement or removal of such nuisance.

2.

C.

ABATEMENT BY COURT ACTION If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peach, morals or decency, he shall file a written report of his findings with the Village Board who shall cause an action to abate such nuisance to be commenced in the name of the Village in the Circuit Court for Brown County in accordance with the provisions of Chapter 823 of the Wisconsin Statutes.

D.

OTHER METHODS NOT EXCLUDED Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Village or its officials in accordance with the laws of the State of Wisconsin.

3.404

COST OF ABATEMENT In addition to any other penalty imposed by this code for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the Village shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as special taxes.

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3.405 A.

PENALTIES FORFEITURE AND COSTS The penalty for violation of any provision of this Ordinance shall be a forfeiture of not less than $5.00 nor more than $500.00 together with the actual costs of prosecution, including attorney fees. Each day of continuing violation shall constitute a separate offense.

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3.5 PROHIBITED AND PROTECTED ANIMALS, FOWLS, REPTILES, AND INSECTS 3.501 Wild and Exotic Animals Prohibited A. No person shall keep, maintain, or have in such persons possession or under such persons control any poisonous reptile, dangerous or wild animal or insect including, but not limited to, poisonous insects and arachnids, all poisonous snakes, constrictor snakes, non-human primates, bears, crocodiles, alligators, coyotes, elephants, gamecocks, and other fighting birds, hippopotami, hyenas, jaguars, leopards, lions, lynx, pumas, cougars, mountain lions, panthers, ocelots, tigers or other wild feline species, wolves or hybrid wolf/dogs. Exceptions - These prohibitions do not include captive-bred species of caged birds, rodents, turtles, fish, and non-poisonous, non-constructing snakes unless protected under Section 3.503 Endangered Species. Prohibitions The prohibitions set forth in sub (A) shall not apply to licensed pet shops, zoological gardens, public or private educational institutions, circuses and professional animal acts; provided that: 1. The aforementioned have obtained the necessary licenses, permits, and permissions required. All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors. Animals are maintained in quarters so constructed as to prevent their escape.

B.

C.

2.

3.

3.502

Poultry and Livestock Prohibited A. Except as specifically permitted in a zoning district, no person shall keep or maintain any poultry, pigeons or fowl, or any animal raised for fur-bearing purposes, or any livestock, including, but not limited to, horses, cattle, sheep, goats, pigs or swine, whether or not such animal is domesticated, tamed, or a pet. Any person keeping or maintaining such poultry, pigeons, fowl, animal or livestock contrary to this subsection as of August 5, 2003, may continue to keep or maintain such a nonconforming use upon receipt of a permit from the Village Clerk in accordance with rules established by resolution of the Village Board as long as a public nuisance is not created. Exceptions The exceptions to this section shall apply as in 3.501. Prohibitions The prohibitions of this section shall apply as in 3.501.

B.

C. D.

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3.503

Endangered Species Protected and Prohibited A. It shall be unlawful for any person or other entity to buy, sell, or offer for sale a native or foreign species or subspecies of mammal, bird, amphibian or reptile, or the dead body or parts thereof, which appears on the endangered species list designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).

3.504

Food and Drink A. No person owning or responsible for confining or impounding any animal may refuse or neglect to supply the animal with a sufficient supply of food and water as prescribed in this section. The food shall be sufficient to maintain all animals in good health. If potable water is not accessible to the animals at all times, it shall be provided daily and in sufficient quantity for the health of the animal. State law reference: 948.13, Wis. Stats.

B. C.

3.505

Shelter A. No person owning or responsible for confining or impounding any animal may fail to provide the animal with proper shelter as prescribed in this section. Minimum indoor standards of shelter shall include ambient temperature compatible with the health of the animal and shall be adequately ventilated by natural or mechanical means to provide for the health of the animal. Minimum outdoor standards of shelter shall include shelter from sunlight when such is likely to cause heat exhaustion or other ill effects. Natural or artificial shelter appropriate to the local climatic conditions for the species shall be provided as necessary for the health of the animal. Minimum indoor and outdoor standards for enclosures shall be constructed and maintained so as to provide sufficient space to allow adequate freedom of movement for the health of the animal. Minimum sanitation standards for both indoor and outdoor enclosures shall include daily cleaning to remove excreta and other waste materials, dirt, and trash so as to minimize health hazards. No person may intentionally abandon any animal.

B.

C.

D.

E.

F.

3.506

Enforcement A. The penalty for violation of any provision of this ordinance, Section 3.5 of the Village of Hobart Code of Ordinances, shall be a forfeiture in an amount set from time to time by resolution of the Village Board, together with the actual cost of

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prosecution, including attorneys fees. Each day of continuing violation shall constitute a separate offense.

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3.6 -ORDINANCE RESTRICTING OFFENSIVE INDUSTRIES An ordinance under the provisions of Section 66.052(1), Wis. Stats., to direct the location, management and construction of, and license (annually or otherwise), regulate or prohibit any industry, thing or place where any nauseous, offensive business is carried on, the ordinance to apply within the boundaries of the Village of Hobart. 3.601 GENERAL PROVISION Any business considered to be nauseous or offensive is declared to be a public nuisance and an action for the abatement or removal thereof or to obtain an injunction to prevent the same may be authorized to be brought and maintained by the Village Board. 3.602 VIOLATIONS AND PENALTIES Any business considered to be nauseous or offensive shall be deemed unlawful, and any person, firm, or corporation may be required at the discretion of the Court, upon conviction, to forfeit not less than $50 nor more than $1,000 for each offense, together with the costs of prosecution, and in default of payment of such forfeiture and costs of such prosecution, shall be imprisoned in the County Jail of Brown County until said forfeiture and costs are paid, but not to exceed 30 days for each violation. Each day that a violation continues to exist shall constitute a separate offense. 3.603 EXCEPTION All farm operations to be excluded from this ordinance.

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3.7 - EMERGENCY ALARM SYSTEMS 3.701 PURPOSE The primary purpose of this chapter is to reduce the incidence of false burglar and holdup alarms by eliminating those false alarms which are preventable or avoidable. It is also meant to encourage the installation of reliable emergency alarm systems in all structures within the Village in order to provide additional protection to persons and property from fire, crime, including burglary, robbery and vandalism, and other hazards that may constitute a danger to persons and property. This chapter is intended to impose standards and requirements from such causes as the negligence of the user of an alarm system or of his employees in operating the system, the maintenance of equipment or the sale, installation or servicing of such installations will provide a technique of early detection, which will permit the Police Department and Fire Department to increase the present level of protection to persons and property. 3.702 DEFINITIONS For the purpose of this chapter, the terms used shall be defined as follows: False Alarm A signal from an alarm system that alerts the Police Department/Fire Department that results in an emergency response from the Department when a situation of emergency does not exist. Fire Alarm Any device designed for the detection of a fire that alerts the Police Department/Fire Department of such occurrence and when activated gives a signal, either visual or audible, or both, and transmits or causes to be transmitted a signal. Local Alarm A system that gives a signal, either visual or audible, or both, on the exterior or interior portion of the property, but does not leave that structure to a central control receiving location. Security Alarm System Any device designed for the detection of an unauthorized entry on the premises, an unlawful act or any emergency that alerts the Police Department of its commission or occurrence and, when activated, gives a signal, either visual or audible or both and transmits or causes to be transmitted a signal. 3.703 ALARM PERMITS A. Required No person shall install or cause to be installed any alarm system, as defined above for any premises in the Village until an alarm permit therefor has been issued by the Village. Application for Permit An application for an alarm permit shall be provided by the Village and shall require an applicant to furnish information sufficient to identify the applicant, the location of the premises to be protected by the alarm system and such other information as the Police Department may deem necessary for safe and proper emergency response. The annual $15 alarm permit fee for a full year or partial year shall be collected at the time of application. A permit

B.

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shall be required for each premises alarmed or each separate alarm system on a single premises. C. Issuance of Alarm Permit The Village Clerk shall issue an alarm permit to the applicant upon approval of the Village Administrator or his designee. The alarm permit shall be issued for a period of 12 months, expiring on December 31 of each year. Applicants that are denied alarm permits may appeal the denial to the Village Board or a committee designated by the Village Board. Existing Alarm Systems For those systems installed on premises within the Village prior to March 6, 2001, a permit shall be obtained within 60 days after the effective date of this chapter, March 6, 2001. With respect to any alarm system installed after the effective date of this chapter, a permit must be issued before the system is installed.

D.

3.704

OPERATIONAL REQUIREMENTS A. Duty to Maintain Alarm System The property owner shall be responsible for maintaining the alarm system in proper working order. Duty to Respond to Alarm The owner of premises protected by an alarm system must respond to the protected premises within 45 minutes of notification of an alarm. The owner is to assist police officers in gaining access to the building for the purpose of inspection. The owner is also responsible for resetting the alarm system. Under no circumstances shall a member of the Police Department reset an alarm. The owner of an alarmed premises shall provide current information on persons to be contacted in the owners absence. Time Delay and Shutoff All security alarm systems shall be equipped with a 20 second time delay in case the alarm is accidentally tripped. All local alarms shall be equipped with a 15 minute automatic shutoff or some other secure means of turning off the alarm.

B.

C.

3.705

FALSE ALARMS A. Special Charge For: 1. After the alarm system has been installed for 30 days, the owner shall be subject to a special charge for each false alarm in a 12-month, per calendar year, as follows: a. b. c. 1 alarm during a 12-month period 2 to 3 alarms during a 12-month period 4 or more alarms during a 12-month period $ 25 each 50 each 100 each

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2.

Exceptions: a. b. c. Municipal alarms False alarms caused by outside sources Any special charge may be waived by the Village Administrator or his designee if the owner can show that the alarm system was properly maintained and the false alarm was not the result of the negligence on the part of the owner, his agent or employees.

3.

Collection of Special Charges Special charges for false alarms, as provided in sub. 1 above, shall be billed to the owner and, if not timely paid, shall be placed on the tax roll pursuant to the provisions of 66.60(16), Wis. Stats.

3.706

GENERAL PROVISIONS A. Permit Cancellation; Alarm Disconnection Whenever there is a record of an excessive number of alarms or the operation of the alarm system is not consistent with the purpose of this chapter, the Village Administrator or his designee may, in writing, require the owner to repair or replace the alarm system within 10 days. If the repair or replacement is not made within 10 days, the Village Administrator or his designee may order the alarm permit cancelled and the alarm disconnected. No person shall continue to operate an alarm system for which an alarm permit has been cancelled. Telephone Alarm Dialers Telephone alarm dialers are not permitted to be programmed to direct dial the Police Department, except by special permission of the Village Administrator or his designee. Motor Vehicle Alarms This section shall not apply to audible alarms affixed to motor vehicles. Limitations of Liability The Village shall not be liable for any defects in any alarm system or the central board, or any transmission malfunctions or delays. Penalty Any person who violates any provision of this chapter shall be subject to a penalty as provided in Chapter 1, Section 1.005.

B.

C.

D.

E.

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3.8 - PEACE AND GOOD ORDER Contents: 3.801 ................ Offenses Against State Laws Subject to Forfeiture 3.802 ................ Sexual Offender Restrictions 3.803 ................ Throwing or Shooting Missiles and Projectiles 3.804 ................ Sale and Discharge of Fireworks Restricted 3.805 ................ Obstructing Streets and Sidewalks Prohibited 3.806 ................ Loud and Unnecessary Noise Prohibited 3.807 ................ Loitering 3.808 ................ Animals and Fowl 3.809 ................ Storage of Junk, Etc., Regulated 3.810 ................ Littering Prohibited 3.811 ................ Obedience to Officers 3.812 ................ Open Cisterns, Wells, Basements or Other Dangerous Excavations Prohibited 3.813 ................ Abandoned or Unattended Refrigerators, Etc., 3.814 ................ Park and Playground Closing Hours 3.815 ................ Smoking in Public Places Prohibited 3.816 ................ Consumption of Intoxicating Liquor and Fermented Malt Beverages in Parks 3.817 ................ Use of Off Road Vehicles 3.818 ................ Disposal of Debris and Curb Damage at Construction Sites 3.819 ................ Licensing and Regulations for "Closing Out" Sales 3.820 ................ Fair Housing Code 3.821 ................ Damaging Curbs 3.822 ................ Found Property 3.823 ................ Obscene Material and Performances Prohibited 3.824 ................ Trespassing in Vehicles 3.825 ................ Traps Restricted 3.826 ................ Intentionally Left Blank 3.827 ................ Truancy Offenses 3.828 ................ Fraudulent Return of Merchandise 3.829 ................ Fraud on Residential Landlords Prohibited 3.830 ................ Cigarettes and Tobacco Products, Minors Possessing Prohibited 3.831 ................ Misuse of Statewide Emergency Services Number 911 Prohibited 3.832 ................ Trespass to Buildings, Structures or Businesses 3.833 ................ Harboring Minor Without Parental Consent 3.834 ................ Penalties

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3.801 OFFENSES AGAINST STATE LAWS SUBJECT TO FORFEITURE The following statutes following the prefix "3" 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 Section 1.005 of this Municipal Code. 3.110.075(7) ................ Producing/manufacturing/using inspection sticker fraudulently 3.134.06 ....................... Bonus to chauffeurs for purchases, forbidden 3.134.65 ....................... Cigarette and tobacco product retailer license 3.134.66 ....................... Restrictions on sale or gift of cigarettes or tobacco products 3.167.10 ....................... Regulation of fireworks 3.175.25 ....................... Storage of junked automobiles 3.218.0145 ................... Used cars/prohibited acts 3.218.0147 ................... Purchase or lease of motor vehicle by minor 3.254.76 ....................... Causing fires by tobacco smoking 3.254.92 ....................... Purchase or possession of cigarettes or tobacco products by person under 18 prohibited 3.285.30 ....................... Motor vehicle emissions limitations; inspections 3.450.11(7) .................. Prescription drugs and prescription devices 3.939.32 ....................... Attempt 3.940.19(1) .................. Battery; substantial battery; aggravated battery 3.940.20 ....................... Battery: special circumstances 3.940.225(3m) ............. Fourth degree sexual assault 3.940.32 ....................... Stalking 3.941.01 ....................... Negligent operation of vehicle 3.941.10 ....................... Negligent handling of burning material 3.941.12(2), (3)............. Interfering with fire fighting 3.941.13 ....................... False alarms 3.941.20 ....................... Endangering safety by use of dangerous weapon 3.941.23 ....................... Carrying concealed weapon 3.941.235 ..................... Carrying firearm in public building 3.941.24 ....................... Possession of switchblade knife 3.941.26 ....................... Machine guns and other weapons; use in certain cases; penalty 3.941.2965(2) ............... Restrictions on use of facsimile firearms (3)(a), (c)(d) 3.941.36 ....................... Fraudulent tapping of electric wires or gas or water meters or pipes 3.941.37 ....................... Obstructing emergency or rescue personnel 3.942.01 ....................... Defamation 3.942.03 ........................ Giving false information for publication 3.942.05 ....................... Opening letters 3.942.06 ....................... Use of polygraphs and similar tests 3.943.01(1) .................. Damage to property 3.943.012 ..................... Criminal damage to or graffiti on religious and other property 3.943.017 ..................... Graffiti 3.943.07 ....................... Criminal damage to railroads 3.943.11 ....................... Entry into locked vehicle 3.943.125 ..................... Entry into locked coin box 3.943.13 ....................... Trespass to land 3.943.14 ....................... Criminal trespass to dwellings

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3.943.145 ..................... Criminal trespass to a medical facility 3.943.15 ........................ Entry onto a construction site or into a locked building, dwelling or room 3.943.20 ....................... Theft 3.943.21 ....................... Fraud on hotel or restaurant keeper or taxicab operator 3.943.22 ....................... Use of cheating tokens 3.943.225 ..................... Refusal to pay for a motor bus ride 3.943.23 ....................... Operating vehicle without owner's consent 3.943.24 ........................ Issue of worthless checks 3.943.34 ....................... Receiving stolen property 3.943.37 ....................... Alteration of property identification marks 3.943.38(3) .................. Forgery 3.943.41(2), ................. Financial transaction card crimes (3)(a-d), (4)(b), (5), (6)(a), (b) & (d) 3.943.45 ....................... Theft of telecommunications service 3.943.46 ....................... Theft of cable television service 3.943.47 ....................... Theft of satellite cable programming 3.943.50 ....................... Retail theft 3.943.55 ....................... Removal of shopping carts 3.943.61 ....................... Theft of library material 3.943.70 ....................... Computer crimes 3.944.15 ....................... Public fornication 3.944.17 ....................... Sexual gratification 3.944.20 ....................... Lewd and lascivious behavior 3.944.21 ....................... Obscene material or performance 3.944.23 ....................... Making lewd, obscene or indecent drawings 3.944.30 ....................... Prostitution 3.944.31 ....................... Patronizing prostitutes 3.944.33 ....................... Pandering 3.944.34 ....................... Keeping place of prostitution 3.944.36 ....................... Solicitation of drinks prohibited 3.945.02 ....................... Gambling 3.945.03 ....................... Commercial gambling 3.945.04 ....................... Permitting premises to be used for commercial gambling 3.946.40 ....................... Refusing to aid officer 3.946.41 ....................... Resisting or obstructing officer 3.946.42 ....................... Escape 3.946.44 ....................... Assisting or permitting escape 3.946.65 ....................... Obstructing justice 3.946.67 ....................... Compounding crime 3.946.69 ....................... Falsely assuming to act as public officer or employee or utility employee 3.946.70 ....................... Impersonating peace officer 3.946.72 ....................... Tampering with public records and notices 3.947.01 ....................... Disorderly conduct 3.947.012 ..................... Unlawful use of telephone 3.947.013 ..................... Harassment 3.947.015 ..................... Bomb scares 3.947.02(3)(4)............... Vagrancy 3.947.04 ....................... Drinking in common carriers 3.947.06 ....................... Unlawful assemblies and their suppression 3.948.015 ..................... Other offenses against children

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3.948.10 ....................... Exposing genitals or pubic area 3.948.11 Exposing a child to harmful material or harmful descriptions or narrations 3.948.21 ....................... Neglecting a child 3.948.40 ....................... Contributing to delinquency of a child 3.948.45 ....................... Contributing to truancy 3.948.51 ....................... Hazing 3.948.60 ....................... Possession of a dangerous weapon by a person under 18 3.948.61 ....................... Dangerous weapons other than firearms on school premises 3.948.63 ....................... Receiving property from a child 3.951.01 to ................... Crimes against animals 3.951.18 3.961.38 ....................... Prescriptions 3.961.41(3g) ................. Possession of a controlled substance 3.961.573(1) ................ Possession of drug paraphernalia 3.961.574(1) ................ Manufacture or delivery of drug paraphernalia 3.961.575(1) ................ Delivery of drug paraphernalia to a minor 3.961.576 ..................... Advertisement of drug paraphernalia

3.802 SEXUAL OFFENDER RESTRICTIONS A. FINDINGS AND INTENT 1. This ordinance is a regulatory measure aimed at protecting the health and safety of children in the Village of Hobart from the risk that sexual offenders convicted of an offense against a child may re-offend in locations close to where children congregate. Given the high rate of recidivism for sexual offenders, and that reducing opportunity and temptation is important to minimizing the risk of re-offense, there is a need to protect children where they congregate or play in public places. Therefore, the Village finds and declares that sexual offenders are a serious threat to the public safety of children if regulatory measures are not in place that prohibit their presence in specified areas designated as places children commonly congregate. The Village of Hobart finds and declares that in addition to schools and daycare centers, children congregate or play at child-oriented facilities, such as parks and playgrounds. It is not the intent of this ordinance to impose a criminal penalty, but rather to serve the Villages compelling interest to promote, protect, and improve the health, safety, and welfare of the children of the Village by prohibiting convicted sexual offenders from loitering or being present in specified areas around locations where children regularly congregate in concentrated numbers. It is the further intent of this ordinance to recognize that convicted sexual offenders must reenter the community, and the Village of Hobart hereby accepts that it has a responsibility to convicted sexual offenders and the surrounding area municipalities to ensure that, in addition to promoting regulatory measures aimed at protecting children, its regulatory measures are not aimed at prohibiting convicted sexual offenders from being part of this society.

2.

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B.

DEFINITIONS The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning: 1. 2. Child means a person age 16 or younger for purposes of this ordinance. Designated Offender means any person who is required to register under Wis. Stat.301.45 and is under court ordered supervision by the Wisconsin Department of Corrections for any sexual offense against a child, unless the person is under the age eighteen at the time of the offense and the offender was not tried and convicted of the offense as an adult. Loitering means, whether in a group, crowd, or as an individual, to stand idly about, loaf, prowl, congregate, wander, stand, linger aimlessly, proceed slowly or with many stops, to delay or dawdle. Minor means a person age 17 or younger. Zones: a. Restricted Zones: certain areas that are designated by the Village as areas children congregate, including, but not limited to, schools, parks, playgrounds, licensed day care centers, or any other place designated by the Village as a place where children are known to congregate. Restricted Zones will not expand beyond the real estate parcel or parcel(s) upon which the building, park or establishment is located that instigated the Villages designation of such Restricted Zone, but will include contiguous parcels used for ancillary purposes, such as an athletic field located adjacent to a school. Loiter Fee Zones: the 200 foot radius surrounding all Restricted Zones. Restricted Zone Maps: an official map, maintained by the Village, showing Restricted Zones designated in Red and Loiter Free Zones designated in Yellow. (the Restricted Zone Map). The Village shall update the Restricted Zone Map at least annually to reflect any changes in the location of Restricted Zones and Loiter Free Zones. Restricted Zone Maps will be available at the Villages office and on the Villages official web site.

3.

4. 5.

b. c.

C.

PROHIBITED LOCATION AND/OR ACTS 1. Restricted Zones: a. Restricted Zone Restrictions: It is unlawful for any Designated Offender to be physically present within a Restricted Zone under any of the following circumstances: 1) When children are present or are reasonably presumed or known to be present; or

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2) Monday through Friday, in a school or day care center Restricted Zone and between 7:00 a.m. and 11:00 p.m.; or 3) In a park or playground Restricted Zone and between 7:00 a.m. and 11:00 p.m. b. Restricted Zone Restriction Exceptions: A Designated Offender may be physically present on any day or time within a Restricted Zone if all of the following are present: 1) The Designated Offender has official business, which is determined by the reasonable person standard; and 2) The Designated Offender is accompanied by another adult who is not a Designated Offender. 2. 3. Loiter Free Zones: It is unlawful for a Designated Offender to loiter within a Restricted Zone or Loiter Free Zone. Holiday Prohibition: It is unlawful for any Designated Offender to participate in a holiday event involving children under 16 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the Designated Offender is the parent or guardian of the children involved, and no non-familial children are present, are exempt from this paragraph.

D.

PENALTIES A person who violates this ordinance shall be punished by a forfeiture not exceeding $2,000.00, together with the actual costs of prosecution, including attorney fees, if necessary.

E.

SEVERABILITY The provisions of this ordinance shall be deemed severable and it is expressly declared that the Village Board would have passed the other provisions of this ordinance irrespective of whether or not one or more provisions may be declared invalid. If any provision of this ordinance is held invalid, the reminder of the ordinance shall not be affected.

F. G.

All ordinances, or parts of ordinances, in conflict herewith are hereby repealed. This ordinance shall take effect on and after its passage and publication.

3.803

THROWING OR SHOOTING MISSILES AND PROJECTILES - No person shall throw or shoot any object, 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.

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3.804

SALE AND DISCHARGE OF FIREWORKS RESTRICTED - 167.10, Wis. Stats., regulating the sale and use of fireworks, exclusive of any penalty imposed thereby, is adopted by reference and made a part of this chapter as though set forth in full. OBSTRUCTING STREETS AND SIDEWALKS PROHIBITED - No person shall stand, sit, loaf, loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Village in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or prevent or hinder free ingress to or egress from any place of business or amusement or any church, public hall or meeting place. LOUD AND UNNECESSARY NOISE PROHIBITED - No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises which may annoy or disturb a person of ordinary sensibilities in or about any public street, alley or park or any private residence. LOITERING A. LOITERING OR PROWLING PROHIBITED, GENERALLY - No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this subsection, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person was true and if believed by the police or peace officer at the time would have dispelled the alarm. OBSTRUCTION OF TRAFFIC BY LOITERING - No person shall loaf or loiter in a group or crowd upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public place within the Village in such manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, alleys, sidewalks, street crossings or bridges or other public places by persons passing along and over the same. LOITERING AFTER BEING REQUESTED TO MOVE 1. In Groups or Crowds - No person shall loaf or loiter in a group or a crowd upon the public streets or sidewalks or in adjacent doorways or entrances, on 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.

3.805

3.806

3.807

B.

C.

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2.

In Places of Public Assembly or Use - No person shall loiter, lounge or loaf in or about any depot, theater, dance hall, restaurant, store, mall, public sidewalk, public parking lot or other place of assembly of public use after being requested to move by any police officer or by any person in authority at such place. Upon being requested to move, a person shall immediately comply with such request by leaving the premises or the area thereof. Obstructing Highways - 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.

D.

LOITERING IN SCHOOL AND PLAYGROUND AREAS - No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand or play in any school building or in or about any playground area adjacent thereto within the Village on official school days.

3.808

ANIMALS AND FOWL A. VICIOUS ANIMALS PROHIBITED 1. No person shall harbor or keep a vicious animal within the Village. An animal is deemed to be vicious when is has attacked or bitten any person or when a propensity to attack or bite persons exists and is known or reasonably should be known to the owner. Any vicious animal which is found off the premises of its owner may be seized by any police officer and, upon establishing to the satisfaction of a court the vicious character of such animal, may be destroyed. Notwithstanding par. 1 above, a police officer may kill or tranquilize a vicious animal if he determines that it is necessary to take such action to prevent real and immediate personal injury to any person, including himself.

2.

B.

NOT TO RUN AT LARGE - No person owning, harboring or keeping any animal or fowl shall allow the same to run at large within the Village. EXCEPTION ALLOWING THE KEEPING OF CERTAIN SPECIES OF PIGEONS 1. The definition of fowl shall include pigeons. However, the species known as homing, carrier or racing pigeons shall be exempt from the confinement regulations to the extent that such birds may be permitted to fly for training purposes and races. The harboring of pigeons other than in an approved pen or coop is declared a public nuisance. No person shall operate or maintain a pen, coop, cote or other structure for the purpose of keeping or raising of pigeons without obtaining a permit therefor. The permit shall be obtained annually and shall expire on December 31 of each year. Such permit shall be issued by the Village Clerk upon payment of the annual fee of $5 and certification by a

C.

2.

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representative of the Police Department that the structure housing the pigeons conforms to all local codes and regulations. Failure to comply with any local codes or regulations within 10 days after notice by a representative of the Police Department shall result in revocation of the permit by the Village Board. 3. All coops and pens shall be constructed so as to be easily cleaned and kept in good repair. The inside and outside of such structures shall be whitewashed or painted as often as necessary to keep them clean or finished with such material as can be easily cleaned. All such structures shall be kept clean and sanitary and shall not cause any objectionable odor. Accumulations of cleanings or excrement of more than one day's operation in any such structure shall be deemed a violation of this section.

D.

KEEPING OF LIVESTOCK AND POULTRY REGULATED 1. Livestock - No person shall keep or maintain any livestock such as horses, cattle, sheep or goats in any zoning district, except as a permitted or conditional use. Poultry - No person shall keep or maintain poultry or fowl in any zoning district, except agricultural districts.

2.

3.809

STORAGE OF JUNK, ETC., REGULATED A. RESTRICTED - No person shall store junked or discarded property, including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or other unsightly debris which substantially depreciates property values in the neighborhood, except in an enclosure which screens such property from public view or upon permit issued by the Village Board. ORDER FOR COMPLIANCE - The Building Inspector may require by written order any premises in violation of this subsection to be put in compliance within the time specified in such order and, if the order is not complied with, may have the premises put in compliance and the cost thereof assessed as a special tax against the property. MOTOR VEHICLE AND TRAILER SALVAGE STORAGE 1. Plan Commission To Establish Rules - The Plan Commission shall enact such rules and regulations including, but not limited to, provisions for fencing, distance from highways, etc., for the regulation of the dismantling, accumulation or storage of junked or inoperable motor vehicles and trailers or parts thereof outside of any building as deemed necessary for the public health, safety and welfare. Rules and regulations so enacted shall, after ratification by the Village Board and publication in the official newspaper, become a part of this section by reference as though fully incorporated herein.

B.

C.

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2.

Permit Required - No person shall accumulate or store any junked or inoperable motor vehicles or trailers or parts thereof outside of any building on any real estate within the Village unless a permit is obtained from the Village Clerk for such use. The Village Clerk shall not issue a permit unless the application is approved by the Building Inspector and a fee of $100 is paid to the Village Treasurer. All permits shall expire on the 31st day of December of each year and shall be renewed. A renewal application may be denied for violation of this section and if approval is denied the Building Inspector shall state the reasons for disapproval on the application. The Village Clerk shall notify the applicant of disapproval and the applicant shall be given an opportunity to be heard before the Village Board. Conformance With Rules and Regulations of Plan Commission - The Building Inspector shall not approve an application for a permit to accumulate or store junked or inoperable motor vehicles and trailers or parts thereof unless the premises conform to the rules and regulations of the Plan Commission as follows: a. All material not stored within a building shall be enclosed by a solid fence 1) The fence shall be of chain link fabric of #9 Gauge wire or heavier, galvanized or aluminum coated steel; such fence to have an open mesh no larger than 3" and be equal to "U.S. Cyclone" or "Sentry Fence" Standards and with slats inserted in the fence which are impervious to sight. The fence shall be kept in good state of repair and painted in uniform color. The fence shall not be less than 6' in height and of uniform height and material. If materials stored exceed 6', such material shall be screened by natural objects or plantings. The fence shall not be less than 25' from the street, curb or road edge.

3.

2)

3)

4)

b. c.

No material shall rest upon the fence. There shall be no signs, bulletins and posters posted on the fence. All properties with such materials in existence on the date of enactment of these rules and regulations shall conform to these requirements within 90 days.

d.

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4.

Enforcement - The rules and regulations governing the storage of junked or inoperable motor vehicles and trailers or parts thereto shall be enforced by the Building Inspector. Defined - "motor vehicle" and "trailer" as used herein shall mean any automobile, truck trailer, semi-trailer, tractor, motor bus or any selfpropelled or motor driven vehicle. Authority to retain - Any business engaged in automotive sales or repair may retain disassembled, inoperable, junked or wrecked motor vehicles, truck bodies, tractors or trailers in the open, on private property, for a period not to exceed 30 days, after which such vehicles must be removed. No semi-trailer or van box may be used for storage within the Village without first securing a permit from the Building Inspector. The Building Inspector may issue a permit not to exceed 6 months for temporary use for a semi-trailer as storage if he feels it would not be unsightly nor diminish the quality of the neighborhood. In the event that the storage is on a construction site, the Building Inspector may grant an extension if he thinks it is warranted.

5.

6.

7.

3.810

LITTERING PROHIBITED A. No person shall throw, deposit, place or dump any glass, refuse, waste, filth, tires, wood waste, grass clippings, weeds, shingles, waste from cement trucks or any other litter upon the streets, alleys, highways, public parks or other property of the Village or upon any private property or upon the surface of any body of water within the Village. No person shall place anything in a privately owned dumpster not owned by them. No person shall place non-recyclables at a recycling center.

B.

3.811

OBEDIENCE TO OFFICERS - No person shall resist or interfere with any officer of the Village while such officer is doing any act in his official capacity and with lawful authority; nor shall any person refuse to assist an officer in carrying out his duties when so requested by the officer. OPEN CISTERNS, WELLS, BASEMENTS 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 such design, size and weight that the same cannot be removed by small children. ABANDONED OR UNATTENDED REFRIGERATORS, ETC., PROHIBITED No person shall leave or permit to remain outside any dwelling, building or other structure or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children any abandoned, unattended or discarded ice box, refrigerator or other container having an airtight door or lid, snap lock

3.812

3.813

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or other locking device which may not be released from the inside unless such door or lid, snap lock or other locking device has been removed from such ice box, refrigerator or container or unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened. 3.814 PARK AND PLAYGROUND CLOSING HOURS A. PRESENCE PROHIBITED DURING CLOSED HOURS - All public parks and public playgrounds in the Village shall be closed from 10 p.m. to 6 a.m. No person shall be in any public park or public playground in the Village between 10 p.m. and 6 a.m. EXCEPTION - The Village Administrator or his designee may grant permission to any group wishing to use a specific public park or public playground to use such public park or public playground beyond 10 p.m. Permission shall be given in writing and shall contain the name of the group and the name of a responsible person in charge of the group and the date for which permission to use the specific public park or public playground beyond the closed hours is granted.

B.

3.815

SMOKING IN PUBLIC PLACES PROHIBITED A. No person shall light a match or other flame producing device or smoke, carry a lighted cigar, cigarette or pipe in any theater, auditorium, arena or school building in the Village except in areas approved by the Building Inspector, provided such areas are free from all inflammable and combustible floors, walls, furniture, fixtures and decorations. The operators of such theaters, auditoriums, arenas or school buildings, before the beginning of each performance, shall announce from the stage or by projection on the screen that smoking is prohibited by ordinance except in the approved area, if any there be, and further shall erect approved signs as directed by the Fire Inspector stating smoking is prohibited by ordinance except in approved areas. Whenever a patron is observed smoking in violation of this section, the operator or employee shall notify such person of the violation. This section shall not prohibit the use of a cigar, cigarette or pipe upon the stage of any such theater, auditorium, arena or school building when used in connection with any performance. In addition to the prohibition of sub A, no person shall smoke, carry a lighted cigar, cigarette or pipe in any place held open to the general public in the Village where there has been erected a sign prohibiting smoking. No person shall use tobacco products on premises owned or rented by or under the control of a school board, except the school board may allow the use of tobacco products on premises owned by the school district and rented to another person for non-educational purposes. No person shall smoke cigarettes, cigars, or pipes inside of any Village municipal building.

B.

C.

D.

E.

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3.816

CONSUMPTION OF INTOXICATING LIOUORS AND FERMENTED MALT BEVERAGES IN PARKS A. PROHIBITED - No person shall bring in or consume in any park in the Village any intoxicating liquors or fermented malt beverages except as provided in sub. B below. EXCEPTIONS 1. Intoxicating liquors and fermented malt beverages may be consumed in Pine Tree Park and Four Seasons Park subject to the following conditions: a. If any person has consumed excessive intoxicating liquors or fermented malt beverages, he may be ejected from the park immediately and shall be responsible for any damages he may have caused in the park. Any group of 10 or more persons consuming intoxicating liquors or fermented malt beverages shall have the written permission of the Village Administrator or his designee. No person shall bring any alcohol beverages into Pine Tree Park or Four Seasons Park or possess or consume any alcohol beverages in Pine Tree Park or Four Seasons Park from the day after Labor Day until the day after the following Memorial Day.

B.

b.

c.

2.

In all parks in the Village other than Pine Tree Park and Four Seasons Park, intoxicating liquors or fermented malt beverages may be consumed only with written permission from the Village Administrator or his designee.

3.817

USE OF OFF ROAD MOTORIZED VEHICLES A. DEFINED - An off road motorized vehicle is defined as a vehicle not licensed for operation on highways by the State. RESTRICTED - No person shall operate any motorized vehicle on any place other than a public roadway in the Village except as follows: 1. A person may operate an off road motor vehicle on land owned by the operator thereof or a member of his immediate family. A person may operate an off road motor vehicle on undeveloped private property in the Village provided that at the time of the operation the person has on his person written permission from the owner of the property to operate motorized vehicles on such private property.

B.

2.

C.

USE ON PUBLICLY-OWNED PROPERTY - The operation of off road motor vehicles is prohibited on all publicly-owned property in the Village except duly designated highways, streets or roadways.

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3.818 DISPOSAL OF DEBRIS AND DAMAGES TO CURBS AT CONSTRUCTION SITES A. PREAMBLE - The Village wishes to protect its streets, curbs, sewers and sidewalks from damage due to construction. We wish to protect pedestrians and motor vehicle traffic from construction debris during and after construction projects. This section is written to require proper construction practices and to assure that the above mentioned goals are met. MUD, DUST, BRUSH, STUMPS, ETC. - No general contractor, building permit holder or owner shall cause, maintain or permit the littering of any public or private property or streets with mud, dust, brush, stumps, tree limbs, construction, piles of dirt after building landscaping is completed or other types of debris, nor shall such person cause damage to any public street, sidewalk, curb, gutter, sewerage system or property. DAILY CLEANUP - A general contractor, building permit holder or owner must clean up by 8 p.m. each day or at the end of the workday on that site, whichever occurs earlier, and the site must be kept clean as much as feasible during the day. DEBRIS IN STREET OR ON SIDEWALK - Debris in the street or on the sidewalk that would injure a motor vehicle, pedestrian or cyclist must be removed immediately. DISPOSAL OF DEBRIS AT CONSTRUCTION SITES 1. No general contractor, subcontractor, owner, permit holder, municipality or municipal subcontractor shall allow any person to leave litter or building debris at a construction site which creates a nuisance. During the course of any construction which requires a permit within the Village, the contractor shall be responsible for having a dumpster or other suitable method to properly contain any construction related debris on the site at all times while construction is conducted on the site. If a general contractor, permit holder or owner does create a nuisance, the Building Inspector shall revoke the building permit until they have complied with this section.

B.

C.

D.

E.

2.

F.

DAMAGING CURBS OR SIDEWALKS - It is the responsibility of the general contractor, permit holder or owner to inspect all sidewalks and curbs prior to commencement of work. Any such damage must be reported to the Building Inspector or his designated agent prior to commencement of work. Any damage not reported in that time period will be attributed to the general contractor, building permit holder or owner. No general contractor, building permit holder or owner shall allow any person to run a vehicle over a curb in the Village, unless that curb shall have been properly blocked or ramped to ensure no damage to the curb. Properly blocked means adequately covered behind the curb with crushed stone to a sufficient depth to protect the back of the curb and a 4 x 4 planking in front of the curb. All tires crossing the curb shall be supported in this manner. This requirement may be waived by the Building Inspector for good cause.

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G.

VIOLATIONS 1. If any general contractor, building permit holder or owner is convicted of 3 or more violations of this section within a 6 month period, the Building Inspector shall have authority to withhold building permits from such general contractor, building permit holder or owner for a period of 6 months. If any general contractor, building permit holder or owner shall fail to pay any costs of any curb repair for damage to curbs caused by such person, the Building Inspection Department shall have the right to withhold the issuance of building permits to that general contractor, building permit holder or owner until such time as all bills are paid. In addition to any other penalties imposed by this chapter, any general contractor, building permit holder or owner convicted of a violation of this section shall be subject to a forfeiture of not less than $50 plus costs for a first offense and not less than $100 plus costs for the second offense. In addition to the penalty provided in Section 3.834 of this chapter, the Village may clean up or contract to clean up and charge the cost to the general contractor, building permit holder or owner who is found in violation of this section. If the bills are not paid for, the occupancy permit will be withheld.

2.

3.

4.

H.

VILLAGE COMPLIANCE - The Village will comply with this section, but no penalties shall apply to the Village. LIABILITY - The general contractor, permit holder and owner are jointly and severally liable for violations of this section. It is the Villages intention to prosecute violations in the following order: 1. 2. 3. First - General contractor Second - Permit holder Third - Owner

I.

3.819

LICENSE AND REGULATIONS FOR "CLOSING-OUT" SALES - No person shall conduct a "closing out" sale of merchandise in the Village except as hereinafter provided. A. LICENSE REQUIRED - Every person shall obtain a Village "closing-out sale license" before retailing or advertising for retail any merchandise represented to be merchandise of a bankrupt, insolvent, assignee, liquidator, adjuster, administrator, trustee, executor, receiver, wholesaler, jobber, manufacturer, or of any business that is in liquidation, that is closing out, closing or disposing of its stock or a particular part or department thereof, that has lost its lease or has been or is being forced out of business, that is disposing of stock on hand because of damage by fire, water, smoke or other cause, or that for any reason is forced to dispose of stock on hand. This license shall be obtained in advance if the advertisement or representation, expressed or implied, tends to lead people to believe that this sale is a selling out or closing out sale.

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B.

LICENSE APPLICATION - Every person requiring a "closing-out sale license" shall make an application in writing to the Village Clerk on the form provided by the clerk and attach thereto an inventory containing a complete and accurate list of the stock of merchandise on hand to be sold at such sale and an affidavit by the applicant or his duly-authorized agent that the inventory is true and correct to the knowledge of the person making such affidavit. The affidavit shall include the names and addresses of the principals, such as the partners, officers and directors and the principal stockholders and owners of the business, and of the inventoried merchandise. 1. The inventory shall contain the cost price of the articles listed therein, together with the date of purchases and the identity of the seller. If the merchandise was purchased for a lump sum or other circumstances make the listing of the cost price for each article impracticable, the inventory shall state the lump sum paid for such merchandise and the circumstances of the purchase. The application shall also specify the name and address of the applicant and, if an agent, the person for whom he is acting as an agent, the place at which the sale is to be conducted and the period of time the proposed sale is to take place. The license shall specify the period for which it is granted, which shall not exceed 60 successive days, Sundays and legal holidays excepted, from the date of the license.

2.

C.

EXTENSION OF LICENSE PERIOD 1. The period of time that a sale may be conducted may be extended by the Village Clerk if, at any time during the term of the license, a written application for such extension, duly verified by affidavit of the applicant, is filed by the licensee with the Village Clerk. This application shall state the amount of merchandise listed in the original inventory which has been sold and the amount which still remains for sale and shall state the time for which an extension is requested. No extension shall be granted if any merchandise has been added to the stock listed in the inventory since the date of the license. The applicant shall satisfy the Village Clerk by affidavit, or as otherwise directed by him, that no merchandise has been added to the stock since the date of issuance of the license. The Village Clerk may grant or deny the application. If granted, the period of the extension shall be determined by the Village Clerk, but shall not exceed 30 days from the expiration of the original license. If the extension is granted, it shall be issued by the Village Clerk upon the payment of an additional license fee of $25 per day for the time during which it is granted.

2.

3.

4.

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D.

SALE OF ADDITIONAL MERCHANDISE - It shall be unlawful to sell, offer or expose for sale, at any sale for which a license is required by this section, any merchandise not listed in the inventory required by sub. B herein. Any merchant may, however, in the regular course of business, conduct a "closing out" sale of merchandise and at the same time sell other merchandise, if the merchandise for the sale of which a license is required shall be distinguished by a tag or otherwise so that the "closing out" merchandise is readily ascertainable to prospective purchasers. The merchant shall not label or tag other merchandise in a manner to indicate, or lead a prospective purchaser to believe that such merchandise is of the class or classes for which a license is required. Each article sold in violation of the provisions hereof, shall constitute a separate offense, and any false or misleading statement in the required inventory, application or extension application shall constitute a violation of this section. VERIFICATION OF INVENTORY - The Village Clerk shall verify the details of the inventory filed in connection with an application for this license and shall also verify the items of merchandise sold during any sale under this section. No licensee shall refuse to furnish on demand to the Village Clerk, or any person designated by him for that purpose, all the facts connected with the stock on hand or any other information that he may reasonably require in order to make a thorough investigation of all phases of the sale, so far as they relate to the rights of the public. FEES - The fee for such licenses shall be as follows: 1. 2. 3. 4. For a period not exceeding 15 days, $25 For a period not exceeding 30 days, $50 For a period not exceeding 60 days, $75 A further fee of $1 per $1,000 of the price set forth on the inventory

E.

F.

G.

EXCEPTIONS - This section shall not apply to sales by public officers or sales under judicial process. PENALTY - Any person violating this section shall forfeit not less than $25 nor more than $200 for each violation.

H.

3.820

FAIR HOUSING CODE - The Brown County Equal Opportunities in Housing Ordinance (Ch. 132 of the Brown County Code) as amended, is effective in the Village and all persons in the Village are subject to the provisions thereof. DAMAGING CURBS A. No person shall run a vehicle over a curb in the Village, unless that curb shall have been properly blocked or planked to ensure no damage to the curb. 1. Properly blocked means adequately covered behind the curb with crushed stone to a sufficient depth to protect the back of the curb and a 4 x 4 planking in front of the curb. All tires crossing the curb shall be supported in this manner. This requirement may be waived by the Building Inspector for good cause.

3.821

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3.822

FOUND PROPERTY A. When goods or money are found in the Village and the person finding the goods or money does not know the identity of the owner, the person finding the goods or money shall notify the Police Department and permit such Department to take possession thereof. The Police Department shall attempt to identify and notify the owner of the goods or money and deliver the same to the owner if he appears at the Department offices to take possession. If the owner cannot be identified or notified within 30 days of the time the Police Department takes possession, possession shall be returned to the person who found the goods or money except as prohibited by 66.28, Wis. Stats. or other State or federal law. If the person declines to take the goods or money, the property may be disposed of in accordance with 66.28, Wis. Stats.

B.

C.

D.

3.823

OBSCENE MATERIAL AND PERFORMANCES PROHIBITED A. No person shall do any of the following with knowledge of the character and content of the material or performance: 1. Import, print, advertise, sell, have in his possession for sale or publish, exhibit or transfer commercially any obscene material. Advertise, produce or perform in any obscene performance. Have in his possession with intent to transfer or exhibit to a person under the age of 18 years any obscene material. Transfer or exhibit any obscene material to a person under the age of 18 years. Require as a condition to the purchase of periodicals that a retailer accept obscene material.

2. 3.

4.

5.

B.

DETERMINATION - In determining whether material is obscene, individual pictures or passages shall be examined in the context of the work in which they appear. DEFINITIONS Knowingly - Having general knowledge of, reason to know or a belief or ground for belief which warrants further inspection or inquiry of both: 1. The character and content of any material described herein which is reasonably susceptible of examination by the defendant.

C.

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2.

The age of the minor provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.

Minor - Any person under the age of 17 years Minors, Harmful To - That quality of any description or representation in whatever form of nudity, sexual conduct, sexual excitement or sado-masochistic abuse when it: 1. Predominantly appeals to the prurient, shameful or morbid interest of minors Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors Lacks serious literary, artistic, political or scientific value if taken as a whole

2.

3.

Nudity - The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering; the showing of the female breast with less than the fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state Obscene Material - A writing, picture, sound recording, videotape or file Obscene Performance - A live exhibition before an audience which: 1. The average person, applying contemporary community standards, would find appeals to the prurient interest if taken as a whole Under contemporary community standards describes or shows sexual conduct in a patently offensive way Lacks serious literary, artistic, political or scientific value if taken as a whole

2.

3.

Sado-Masochistic Abuse - Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed Sexual Conduct - The commission or simulation of any of the following: sexual intercourse, sodomy, bestiality, necrophilia, human excretion, masturbation, sadism, masochism, fellatio, cunnilingus, lewd exhibition of human genitals or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, a breast Sexual Excitement - The condition of human male or female genitals when in a state of sexual stimulation or arousal

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D.

SALES OR LOANS TO MINORS - No person shall knowingly sell or loan for monetary consideration to a minor: 1. Any picture, photograph, drawing, sculpture, motion picture film, videotape or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse which is harmful to minors. Any book, pamphlet, magazine, printed matter however reproduced or sound recording which contains any matter enumerated in par. 1, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse which is harmful to minors.

2.

E.

EXHIBITIONS - No person shall knowingly exhibit for a monetary consideration to a minor, sell to a minor an admission ticket or pass or admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sado-masochistic abuse which is harmful to minors.

3.824

TRESPASSING IN VEHICLES - No person shall enter a motor vehicle, aircraft or watercraft or any part thereof belonging to another without the consent of the person in lawful possession of the vehicle, aircraft or watercraft. TRAPS RESTRICTED - No person shall use a killer trap (conibear type trap) or steel jawed (leg hold) trap within the Village without DNR permits. Live traps that do not injure the animal are not prohibited by this section.

3.825

3.826 INTENTIONALLY LEFT BLANK 3.827 TRUANCY OFFENSES A. DEFINITIONS - For purposes of this section, the following terms shall have the following meanings: 1. Truant means a pupil who is absent from school without an acceptable excuse under Sections 118.15 and 118.16(4), Wis. Stats., as from time to time may be amended, for all or part of any day on which school is held during a semester. Habitual Truant means a pupil who is absent from school without an acceptable excuse under Section 118.15 and 118.16(4), Wis. Stats., for part or all of 5 or more days in which school is held during a semester. Truancy means any absence of part or all of one or more days from school during which the school attendance officer, principal or teacher, has not been notified of a legal excuse of such absence by the parent or the legal guardian of the absent pupil.

2.

3.

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B.

PENALTIES 1. Any pupil under the age of 18 years of age found by the Court to be a truant, shall be subject to one or more of the following: a. b. An order for the pupil to attend school Subject to Section 938.37, Wis. Stats., a forfeiture of not more than $50 plus costs for first violation, or a forfeiture of not more than $100 plus costs for any second or subsequent violation committed within 12 months of a previous violation up to a cumulative maximum of not more than $500 for all violations committed during a school semester All or part of the forfeiture plus costs may be assessed against the pupil, the pupil's parent(s) or guardian(s), or both.

c.

2.

Any pupil under the age of 18 years of age found by the Court to be a habitual truant shall be subject to one or more of the following: a. Suspension of the pupil's operating privilege for not less than 30 days nor more than one year. If this penalty is imposed, the Court shall immediately take possession of any suspended license and forward it together with a notice stating the reasons for and the duration of the suspension; An order for the pupil to participate in counseling, a supervised work program, or other community service as described in 938.34(5g), Wis. Stats. The costs of any such counseling, supervised work program, or other community service work may be assessed against the pupil, the parent(s) or guardian(s) of the pupil, or both An order for the pupil to remain at home except during the hours in which the pupil is attending religious worship or school program, including travel time required to get to and from the place of worship or school program (the order may permit the pupil to leave his/her home if the pupil is accompanied by a parent or guardian) An order for the pupil to attend an educational program as described in 938.34(7d), Wis. Stats. An order for the pupil to attend school Subject to 938.37, Wis. Stats., a forfeiture of not more than $500 plus costs for each occurrence. All or part of the forfeiture plus costs may be assessed against the pupil, the pupil's parent(s) or guardian(s) of the pupil, or both

b.

c.

d.

e. f.

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g.

Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults An order placing the pupil under formal or informal supervision as described in 938.34(2), Wis. Stats., for up to one year An order for the pupil's parent, guardian, or legal custodian to participate in counseling at the parents, guardians, or legal custodian's own expense, or to attend the school with the pupil, or both

h.

i.

C.

CONTRIBUTING TO TRUANCY 1. Except as provided in sub 2, below, any person 18 years of age or older who, by act or omission, knowingly encourages or contributes to the truancy of a pupil shall be subject to the forfeiture of not more than $200 plus costs, and upon default of the payment of the forfeiture on the costs of the prosecution, shall be imprisoned in the County Jail until said forfeiture and costs are paid, but not to exceed 90 days. An act or omission contributes to a truancy of a pupil whether or not the pupil is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the pupil to be truant.

2.

3.828

FRAUDULENT RETURN OF MERCHANDISE - No person shall return merchandise to a merchant for the purpose of claiming a cash refund or credit if the person deceives the merchant by doing any of the following: A. Represents that such person purchased the merchandise when the person did not purchase it Represents that the merchandise was purchased from a particular merchant when it was not purchased from that merchant Represents that the merchandise was purchased for a particular price when it was purchased for a lower price Gives the merchant a false name or address

B.

C.

D. 3.829

FRAUD ON RESIDENTIAL LANDLORDS PROHIBITED A. PROHIBITED ACTS - Any person who with intent to defraud does any of the following shall be guilty of violating this section: 1. Intentionally absconds without paying rent that has been contractually agreed upon in an oral or written lease with a landlord. Prima facie evidence of intentionally absconding will be established if a tenant fails to pay rent due prior to the vacating of the rental premises by the tenant

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and the nonpayment of such rent continues for a period of 5 days after vacation of the premises; or 2. Issues any check, money order or any other form of bank or monetary draft as a payment of rent, where such document lacks sufficient funds, where the account is closed or where such draft is unredeemable in any other form or fashion. Prima facie evidence of intention to defraud will be established if a tenant fails within 5 days of a written demand by the landlord or agent to pay in full the total amount of the draft presented as rent payment plus any bank charges to the landlord attributable to the unredeemability of the draft.

B.

APPLICABILITY - This section shall apply to rental agreements between residential landlords and tenants only. The words and terms used in this section shall be defined and construed in conformity with the provisions of Ch. AG 134, Wis. Adm. Code, Ch. 704, Wis. Stats., and 990.001 (1), Wis. Stats. The act of service by a landlord of a legal eviction notice or notice to terminate tenancy shall not in itself act as a bar to prosecution under this section. PROCEDURE - An officer may issue a citation only when the complainant provides the following: 1. The name and current address of the tenant, a copy of the subject lease agreement or sworn testimony of the terms of the subject oral lease The amount of rent due, date it was due, date the tenant actually vacated the premises and testimony that the rent remained unpaid for not less than 5 days after vacating and that the tenant did not notify or attempt to notify the complainant of tenant's new address or that tenant knowingly gave complainant a false address As to an unredeemable payment, the document used for attempting rent payment, the written demand for payment of the full amount plus bank charges, proof that the tenant received the written demand and testimony that at least 5 days have elapsed since the demand was received and no payment has been made

C.

2.

3.

3.830

CIGARETTES AND TOBACCO PRODUCTS, MINORS POSSESSING PROHIBITED A. B. No person under 18 years of age may possess any cigarette or tobacco products. A person under 16 years of age may purchase or possess such products for the sole purpose of resale in the course of employment during his working hours if employed by a retailer licensed under 134.65(1), Wis. Stats. Persons under 18 shall be penalized $25, plus costs, or a total of $55. No retailer may place a vending machine within 500' of a school.

C. D.

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E.

If a written agreement binding on a vending machine operator governs the location of his vending machine which is located within 500' of a school, the vending machine operator shall remove the vending machine on the date that the written agreement expires or would be extended or renewed or on July 1, 2001, whichever occurs first. No retailer may keep a vending machine in any public place that is open to persons under the age of 16, unless all of the following apply: 1. The vending machine is in a place where it is ordinarily in the immediate vicinity, plain view and control of an employee. The vending machine is in a place where it is inaccessible to the public when the premises are closed.

F.

2.

G.

The person who ultimately controls, governs or directs the activities within the premises where the vending machine is located shall ensure that an employee of the retailer remains in the immediate vicinity, plain view and control of the vending machine whenever the premises are open. A vending machine operator shall remove all of his vending machines that are located in any place prohibited by this section by July 1, 2001. If a written agreement binding on a vending machine operator governs a vending machine that is located in any place prohibited by this section, the vending machine operator shall remove the vending machine on the date the agreement expires, would be extended or renewed or on July 1, 2001, whichever occurs first. The penalty for vending machine violations shall be $200, plus costs.

H.

I.

J.

3.831

MISUSE OF STATEWIDE EMERGENCY SERVICES NUMBER 911 PROHIBITED - The Village hereby adopts 146.70, Wis. Stats. Any person who intentionally dials the telephone number 911 to report an emergency, knowing in fact that the situation which he or she reports does not exist, shall be fined in accordance to the Village Municipal Bond Schedule. TRESPASS TO BUILDINGS, STRUCTURES OR BUSINESS A. PERMISSION REQUIRED - No person shall enter any building, structure, business or property of another without the permission of the owner or person in charge. PRESUMPTION - Permission to enter shall be presumed when the area is normally open to the public. Permission may be withdrawn by the owner or person in charge. AUTHORITY TO CLIMB - No person shall climb any utility pole within the Village unless that person has been duly authorized by the Village and/or the utility. No person shall attempt to remove or remove from any utility pole any

3.832

B.

C.

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Village property including but not limited to flags and decorations unless that person has been duly authorized by the Village and/or the utility. 3.833 HARBORING MINOR WITHOUT PARENTAL CONSENT - Any owner, tenant or person in control of a residence or other facility shall not allow or permit a child under the age of 18 to loiter, idle or remain in such residence or upon such property without the consent of the child's parent, guardian or spouse. PENALTIES - Except as otherwise provided herein, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in 1.005 of this Code. In addition to any penalty imposed for violation of this Code adopting 943.01(1), Wis. Stats., 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 this Code adopting 943.01(1), Wis. Stats., may also be held liable for the cost of repairing such damaged or destroyed property in accordance with 895.035, Wis. Stats.

3.834

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3.9 - FIRE PREVENTION ORDINANCE

3.9

FIRE PREVENTION

Except as otherwise specifically provided in this Code of Ordinances, all provisions of Chapter Comm. 14 of the Wisconsin Administrative Code, as now enacted and as may be amended hereafter, describing and defining regulations with respect to general hazard fire prevention and for which the penalty is a forfeiture only, including the penalties to be imposed and the procedure for prosecution, are hereby adopted and by reference made a part of this ordinance as if fully set forth herein. Any act required to be performed by any administrative code or statute incorporated herein by reference is required by this ordinance, and any act which is prohibited by any statute or administrative code provision incorporated herein by reference is prohibited by this ordinance.

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ORDINANCE 2005-002 3.95 SOLID FUEL-FIRED HEATING DEVICES

LOCAL ORDINANCE REGULATING THE USE OF SOLID FUEL-FIRED OUTDOOR HEATING DEVICES WITHIN THE VILLAGE LIMITS OF THE VILLAGE OF HOBART. A. SOLID FUEL-FIRED HEATING DEVICES 1. Definitions a). (Solid fuel-fired heating device) means any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. b). (Stacks or Chimneys) means any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel fired heating devices; especially that part of such structures extending above a roof. 2. Regulations for solid fuel-fired heating devices. a). All solid fuel devices are prohibited in R1, R2, R3, R4, R5, R6, R7, ER, B1, B2, C1 and I1, I2 zoning districts. They are allowed only in A1 and A2 zoning districts. b). All solid fuel devices installed within the Village limits are required to meet emission standards currently required by the Environmental Protection Agency (EPA). Emission standards currently required by the EPA are hereby adopted by reference together with any amendments or modifications made to them in the future. c). All outdoor devices shall be installed, operated and maintained in strict conformance with the manufactures instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated hereunder shall apply unless the manufacturers instructions are stricter than the regulations promulgated hereunder, in which case the manufacturers instructions shall apply. d). Substantive Requirements: All outdoor devices shall be installed, operated and maintained pursuant to the following conditions: 1). Fuel: Fuel shall be only natural untreated wood or wood specifically permitted by the manufacturer. The following fuels are Strictly prohibited: a. The burning of processed wood products and other non-wood

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Products. b. Kerosene c. Garbage d. Painted wood or treated wood e. Any other items not specifically allowed by the manufacturer or this provision. 2). Chimney Heights and Fuel Device Location. a. 25 from nearest side or rear property line. b. 100 from any road. c. 25 from any structure. d. 15 minimum chimney height. e. 2 above the highest eve line of any building within 100. f. Chimney shall be supported to withstand winds up to 90 miles per hour. e). Existing outdoor solid fuel heating devices: All existing units shall immediately comply with all manufacturers specifications and subject to 2.d)1), entitled fuel requirements within 30 days from effective date of this ordinance. All existing nonconforming devices upon the compliant of a Village resident shall be removed, replaced, or modified to meet the requirements of this ordinance within 45 days of notification of noncompliance from the Village Building Inspector, Police Department, or other Village officer or agent. f). Permits. 1). No person shall allow, maintain or use an outdoor wood furnace in the Village of Hobart without first having obtained a permit from the Village Zoning Administrator on the forms prescribed by such official. Permit fee per schedule. 2). Violations: A permit may be suspended in the event the owner fails to comply with this ordinance. 3). Penalty: Any person who constructs, erects, or fails to remove, replace, or modify any outdoor solid fuel-fired heating devices that does not meet the requirements of this ordinance shall forfeit $25.00 per day for each day the non-complying unit remains on the premises.

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3. Variance: Where the Village finds that extraordinary hardship will occur from the enforcement of this local ordinance, upon application to the Village Board, said Village Board may vary the regulations contained herein to afford substantial justice, provided that such variation will not have the effect of nullifying the intent and purpose of this local ordinance. 4. Severability. If any provisions of this local ordinance are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of this local ordinance shall remain in effect. 5. Effective Date: This ordinance shall take effect upon the approval of the Village Board of Hobart and publication.

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3.10 - PROHIBITING THE USE OF COMPRESSION BRAKES IN NON-EMERGENCY SITUATIONS

A.

Compression brakes prohibited. No persons shall use motor vehicle brakes within the Village of Hobart, which are in any way activated or operated by the compression of the engine of any such motor vehicle or any unit or part thereof. It shall be an affirmative defense to prosecution under this section that said compression brakes were applied in an emergency and were necessary for the protection of persons and/or property. Any person violating the provisions of this ordinance shall have committed a traffic violation and a forfeiture per fee schedule plus court costs shall be imposed. The Village of Hobart Director of Public Works is authorized and directed to post appropriate signs consistent with the provisions of this ordinance.

B.

C.

This ordinance shall take effect and be in force upon passage and publication.

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