CHAPTER 3 Peace and Good Order- 5-9-2013 - Village of Hobart

CHAPTER 3 – PEACE AND GOOD ORDER
AN ORDINANCE
REPEALING VILLAGE OF HOBART
3.9 FIRE PREVENTION ORDINANCE, AND
AMENDING VILLAGE OF HOBART
3.0 BURNING ORDINANCE
THE VILLAGE OF HOBART DOES ORDAIN AS FOLLOWS:
ORDINANCE 3.9, which currently regards the prevention of fires, shall be repealed and
ORDINANCE 3.0, which currently is entitled “Burning Ordinance,” shall be amended in its
entirety as follows:
3.001 TITLE AND ADOPTION OF APPLICABLE WISCONSIN ADMINISTRATIVE
CODE AND WISCONSIN STATUTES
A. Title: Fire Prevention, Regulation of Open Burning, Cooking Fires and
Recreational Fires.
B. Adoption: The provisions of the applicable Wisconsin Administrative Code and
Wisconsin Statutes, as now existing and as the same may hereafter be amended,
are hereby adopted and made part of this Ordinance 3.0 by reference. In the
event a conflict exists between the Wisconsin Administrative Code or the
Wisconsin Statutes and this Ordinance, the Wisconsin Administrative Code
and/or Wisconsin Statutes shall control.
C. Severability: In the event that any one or more of the provisions contained in this
Ordinance should be held invalid, illegal, or unenforceable in any respect, the
validity, legality and enforceability of the remaining provisions contained in this
Ordinance shall not in any way be affected or impaired thereby.
3.002 PURPOSE
Whereas, the Wisconsin Administrative Code and the Wisconsin Statutes grant the
Village the power to regulate the prevention of fire and burning; and, whereas, the
Village of Hobart is predominantly a residential community with a small business district
and provides its own fire and police protection; now then, the Village Board deems it to
be in the best interests of the Village of Hobart and for the health, safety, and welfare of
the public to continue promoting fire prevention and regulate open burning, cooking fires
and recreational fires in the Village of Hobart.
3.003 DEFINITIONS
A. BURNING PERMIT: A Burning Permit means a permit issued by the Village of
Hobart to a residential property owner within the Village of Hobart that allows
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the property owner to burn certain materials on the property owner’s property,
within the restrictions and limitations set forth in this Ordinance.
B. OPEN BURNING: Open Burning means any open burning on residential
property within the Village of Hobart and, for the purpose of this Ordinance only,
excludes Outdoor Burning that is permitted pursuant to this Ordinance.
C. OUTDOOR BURNING: Outdoor Burning means any burning outside on
residential property within the Village of Hobart that is considered a Cooking
Fire or Recreational Fire pursuant to Section 3.006.
D. REFUSE: Refuse means any waste material except clean wood.
E. VILLAGE: Village refers to the Village of Hobart.
F. VILLAGE FIRE DEPARTMENT: Village Fire Department refers to the Village
of Hobart Fire Department located at 2703 S. Pine Tree Road, Hobart, Wisconsin
and 482 County Ct., Hobart, Wisconsin.
3.004 GENERAL PROHIBITION
Open Burning, Outdoor Burning and Refuse burning are prohibited in the Village
unless specifically permitted by this Ordinance.
3.005 BURNING PERMIT PROVISIONS
A. Except as provided in this Ordinance, specifically including Section 3.006, no
Open Burning, Outdoor Burning or Refuse burning is permitted without first
obtaining a Burning Permit from the Village.
B. A Burning Permit shall be applied for at the Village, which is located at 2990 S.
Pine Tree Road, in the Village of Hobart, Wisconsin, between the hours of 8:00
a.m. and 4:30 p.m., Monday through Friday, except holidays.
C. All Burning Permits must be requested in person, although burning permit forms
may be obtained from the Village official website, filled out in advance, and
brought to the Village during the requisite time periods.
D. A Burning Permit shall only be issued for property located within agricultural
districts, which are the A-1 and A-2 Districts, or property that consists of a
minimum of 2.5 acres and as set forth herein.
E. A Burning Permit is subject to the Village’s discretion. The Village reserves the
right to deny any requested permit if, in the judgment of the Village Public
Works Director, Village Fire Chief, Village Zoning Administrator, or a Village
Police Officer, hazardous conditions exist. Note: If the owner or occupant of the
property denies access to the property for the purpose of an inspection to
determine whether hazardous conditions exist, the Burning Permit will be denied
as presumed hazardous.
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F. A Burning Permit issued pursuant to this Ordinance shall be posted or carried
pursuant to Section 3.009.
G. While the use of solid fuel-fired heating devices may fall within the definition of
open burning pursuant to the Administrative Code and Wisconsin Statutes, for
the purposes of this Ordinance only, such devices do not fall within the definition
of Open Burning. For regulation of solid fuel-fired heating devices, refer to
Village Ordinance 3.95.
3.006 EXCEPTIONS TO BURNING PERMIT REQUIREMENT
A Burning Permit is not required as follows:
A. Subject to the prohibitions set forth in Section 3.007, fires intended for cooking
purposes are permitted without a Burning Permit in appropriate cooking grills
and at a single or multi-family residence (hereinafter “Cooking Fire”).
B. Subject to the prohibitions set forth in Section 3.007, fires less than 4 feet in
diameter and intended for recreation purposes are permitted without a Burning
Permit (hereinafter “Recreational Fire”).
C. Burning conducted by the Village of Hobart Fire Department is permitted
without a Burning Permit, provided such burning is necessary for fire fighting
practice or instruction and such practice burn complies with the requirements of
the Department of Natural Resources and other applicable laws.
3.007 RESTRICTIONS ON COOKING FIRES AND
RECREATIONAL FIRES
A. No Cooking Fire is permitted on balconies above a first floor that is part of a
multi-story unit, which is defined as a dwelling unit or sleeping unit with
habitable space located on more than one story.
B. All Recreational Fires must be limited to a maximum diameter of 4 feet.
C. All Recreational Fires must be a minimum of 15 feet from any building,
structure, shed, garage, property line and a minimum of 5 feet from any tree,
shrub, brush, fence, or combustible material.
D. All Recreational Fires must be either surrounded on the outside by above ground
non-combustible material, such as concrete, rock, or metal and have a noncombustible
cover or be in a portable Weber-type device that is placed upon a
non-combustible surface and secured and also has a non-combustible cover.
E. Other than using paper or cardboard products as starter fuel for a fire, no
Cooking Fire or Recreational Fire may burn any material set forth in Section
3.008 F and/or G, which includes, but is not limited to, rubbish, garbage,
recyclable items, trash, yard waste, asphalt, treated or painted wood, materials
containing rubber, plastic, leather, oily substances or petroleum based materials,
or materials containing any flammable or combustible liquids.
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F. No Cooking Fire or Recreational Fire is permitted unless the property owner
and/or person controlling the fire has adequate fire-suppression equipment
present to extinguish or control the fire.
G. Smoke from any Cooking Fire or Recreational Fire may not create a nuisance for
neighboring property owners. Refer to Village Ordinance 3.4 for definition of
nuisance.
H. No Recreational Fire or Cooking Fire shall be permitted during periods when
either the Village, the Department of Natural Resources or the Village Hobart
Fire Department, has issued a burning ban (the “Burning Ban”), which may be
issued based upon one or more of the prior party’s discretion. Any imposed
Burning Ban shall be immediately posted in writing at the Village of Hobart Hall
and the Village of Hobart Fire Department as follows:
Village of Hobart Village of Hobart Fire Department No. 1
2990 S. Pine Tree Road 2703 S. Pine Tree Road
Hobart, WI 54155 Hobart, WI 54155
Village of Hobart Fire Department No. 2
482 County Ct.
Hobart, WI 54155
Any imposed Burning Ban shall also be posted within 24 hours on the Village of
Hobart official website.
3.008 RESTRICTIONS AND LIMITATIONS ON OPEN BURNING
Notwithstanding obtaining a Burning Permit, the following restrictions and limitations apply to
all Open Burning:
A. No Open Burning shall be permitted on property less than 2.5 acres.
B. Monday through Friday: No Open Burning shall be permitted before
4:00 p.m. or after 8:00 p.m.
Saturday: No Open Burning shall be permitted before 8:00 a.m. or after 8:00
p.m.
Sunday: No Open Burning shall be permitted on Sunday or a holiday.
All Open Burning shall be completely extinguished before left unattended.
C. No Open Burning shall be permitted during periods when a party described in
Section 3.007 H. has issued a Burning Ban or when an Emergency Burning Ban
has been issued pursuant to Section 3.012.
D. No Open Burning shall be permitted at any time the weather conditions are not
favorable for Open Burning. For example, high wind speeds or wind direction
may make the weather conditions not favorable for Open Burning.
E. Excluding Agricultural Districts, no Open Burning shall be permitted in an area
larger than 10 feet by 10 feet.
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F. No Open Burning shall be permitted within 30 feet from any building, structure,
shed, garage, property line, flammable liquid, or other material constituting a
potential fire hazard.
G. No Open Burning may include burning trees or shrubs, unless such trees or
shrubs have been cut down and cut into segments 4 feet or smaller.
H. Excluding Agricultural Districts, Open Burning of wood, brush or demolition
material, excluding items set forth in Section K, is permitted provided methods
approved by the DNR are used.
I. Excluding Agricultural Districts, Open Burning of small amounts of dry leaves
and dry plant chippings are permitted.
J. Open Burning of brush or weeds on Agricultural Districts are permitted.
K. The Village will not issue a Burning Permit for burning any of the following
materials without air pollution control devices and a written copy of an approval
by the Department of Natural Resources:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
Rubbish or garbage including, but not limited to, food wastes, food
wraps, packaging, animal carcasses, paint or painted materials, furniture,
composite shingles, construction or demolition debris or other household
or business wastes.
Waste oil or other oily wastes, except used oil burned in a heating device
for energy recovery subject to the restrictions in Chapter NR 590 of the
Wisconsin Administrative Code.
Asphalt and products containing asphalt.
Treated or painted wood including, but not limited to, plywood,
composite wood products or other wood products that are painted,
varnished or contains treated preservations.
Any plastic material including, but not limited to, nylon, PVC, ABS,
polystyrene or urethane foam, and synthetic fabrics, plastic films and
plastic containers.
Rubber, including tires and synthetic rubber-like products.
Newspaper, corrugated cardboard, container board, office paper and
other materials that must be recycled in accordance with the recycling
ordinance.
No Open Burning may include dry leaves and/or dry plant clippings, or
other items that should be recycled, unless expressly set forth within this
Ordinance (see Section 3.008I for permitted Open Burning of small
amounts of dry leaves and dry plant clippings).
3.009 PROOF OF BURNING PERMIT
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Every Burning Permit granted by the Village shall be either posted and at all times
displayed in a conspicuous place on the property where such burning shall occur or
carried on the property owner (the permittee) during the Open Burning process.
3.010 TRANSFER OF LICENSES
A Burning Permit granted by the Village shall be granted to an individual person who is
the owner of the property where such burning shall occur and is not transferrable to any
other person. In the event an entity owns the property where such burning shall occur, a
Burning Permit shall be issued to an owner of the entity, provided such owner agrees to
be individually jointly and severally liable with the entity for any violation of this
Ordinance.
3.011 PENALTY
A. Each act constituting a violation and every day upon which a violation occurs or
continues constitutes a separate violation; and
B. Any person found to have violated this Ordinance, in addition to the other costs
set forth in this Section 3.011, shall be subject to the following forfeiture:
(i)
(ii)
First offense: forfeiture of not less than $50.00 and not more than
$500.00; and
Second and subsequent offenses: forfeiture of not less than
$100.00 and not more than $1,000.00.
C. Any person found to have violated this Ordinance, in addition to the other costs
set forth in this Section 3.011, shall reimburse the Village for the reasonable cost
incurred due to the violation including, but not limited to, cost of fire protection
services, costs associated with investigation of the violation, and other
miscellaneous Village and Village Fire Department fees including costs
associated with confinement of the fire.
D. Any person found to have violated this Ordinance, in addition to the other costs
set forth in this Section 3.011, shall also forfeit the reasonable costs of
prosecution and, in default of payment of such forfeiture and costs set forth
herein, may be imprisoned in the County jail until the costs set forth herein are
made. Any imposed confinement in the County jail shall not exceed thirty (30)
days for one offense.
3.012 POWER OF THE FIRE CHIEF
A. When the Village of Hobart Fire Chief determines there are environmental
conditions likely to produce a serious threat of fire to life or property, in addition
to the Burning Ban set forth in Section 3.007 H., the Fire Chief may issue an
emergency burning ban (the “Emergency Burning Ban”). An Emergency
Burning Ban may require that no person do the following:
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(i)
(ii)
Throw, discard or drop matches, ashes, or other burning material while
outdoors and in the immediate vicinity of combustible natural vegetation;
and/or
Light or use any fireworks, as defined by the Wisconsin Statutes or the
Wisconsin Administrative Code, including, but not limited to, caps, toy
snakes, sparklers, smoke bombs, or cylindrical or cone fountains that
emit sparks and smoke.
B. Any imposed Emergency Burning Ban shall be immediately posted as set forth in
Section 3.007 H.
3.013 INSPECTION
The Village Fire Chief, Village Public Works Director, Village Zoning
Administrator, Village Police Officer, or any authorized officer, agent, employee
or representative of the Village who presents credentials, may inspect any
property for the purpose of ascertaining compliance with the provisions of this
Ordinance. Note: If the owner or occupant of the property denies access to the
property for this purpose, a special inspection warrant may be obtained in
accordance with sections 66.0119 of the Wisconsin Statutes.
3.014 LIABILITY
The person to whom the Burning Permit is issued and/or the person utilizing or
maintaining a Recreational Fire or Cooking Fire, whatever the case may be, shall be
responsible jointly and severally for all costs resulting from damage caused by such fire,
including those costs allowed by law and those costs set forth in Section 3.011.
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3.1 - ORDINANCE ESTABLISHING A CURFEW
3.101 CHILDREN IN STREET AT NIGHT
CURFEW
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.
B. Exceptions. This section shall not apply to a child:
1. Performing an errand as directed by parent, guardian or person having
lawful custody.
2. Who is on his own premises or the areas immediately adjacent thereto.
3. Whose employment makes it necessary to be upon the streets, alleys, public
places or any motor vehicle after such hour.
4. Returning home from a supervised school, church or civic function.
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
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.
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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.
B. Any child who violates this section after being detained and released under 3.106
shall be dealt with under Ch. 48, Wis. Stats.
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.
2. Dog shall mean any canine, regardless of age or sex.
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. Time and place of disturbance created by the dog.
B. Description of dog.
C. Action to be taken by the Village upon further complaint.
2. 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.
3. 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.
3.204 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 WEAPONS AND FIREARMS ORDINANCE
3.301 Purpose
The Village Board finds that the Village possessing both urban and rural
characteristics contains areas that differ greatly in the degree to which FIREARM
discharge and other WEAPON use is appropriate from a standpoint of public safety,
peace and good order. This section is hereby established to protect the public
health, safety and welfare by establishing regulations for the discharge of certain
WEAPONS/FIREARMS.
3.302 Restrictions
A. No person shall discharge any FIREARM or other regulated WEAPON in the
Village of Hobart unless for the purpose of :
1. Security.
2. Defense.
3. Hunting or recreation or other lawful purpose.
B. Lawful discharge of FIREARMS or WEAPONS for hunting or recreation shall
occur only on those lands designated for such use under the
Weapons/Firearms Overlay map, established under Section 3 below or upon
the grounds of a RECREATIONAL SPORT SHOOTING FACILITY.
C. No child under the age of 18 shall bear any FIREARM or other WEAPON in
the Village of Hobart except under the circumstances set forth under Section
948.60(3), WI Stats. Any parent or guardian of a child under the age of 18
who knowingly or by negligent supervision permits a violation of this
subsection by their child or ward is also in violation of this section except as
spelled out in Wisc. DNR regulations where the child has completed a
hunter’s safety course.
D. Section 167.31 WI Statutes and any future amendments thereto are hereby
adopted and incorporated as if fully set forth herein. If there are any
conflicts between the definitions set forth in this chapter and Section
167.31(1), WI Stats., the definitions provided in Section 167.31(1), WI Stats.,
shall control with regard to interpreting this subsection; provided, however,
that a definition in this Chapter that is more restrictive or more
encompassing that the definition in Section 167.31(1), WI Stats. Shall not be
considered to be conflicting.
3.303 WEAPONS/FIREARMS Overlay Zones
Weapons/Firearms overlay districts are hereby established as follows and areas of
the Village subject to such districts shall be shown on a Weapons/Firearms Overlay
Map hereby adopted and kept on file with the Village Clerk and Zoning
Administrator. The districts established by this chapter are in addition to any other
state or local laws governing hunting and trespassing. All new subdivisions will be
reviewed by the Village Board (or designee) and a district zone will be applied.
A. District One – (D-1) Discharging firearms, bows, or any other lawful
weapons shall be allowed. (White on overlay map)
B. District Two – (D-II) Discharge of firearms is prohibited; however, the
following firearms or weapons may be discharged:
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ow and arrow, BB gun, pellet gun, .22 w/birdshot,
and slingshots. (Green on overlay map)
C. District Three - (D-III) No discharge of any weapon that launches a
projectile of any kind shall be allowed. (Purple on
overlay map)
D. District Four - (D-IV) The regulations of District II apply, however,
shotguns using shot loads may also be discharged for
the purpose of hunting small game, migratory and
upland game birds or waterfowl. (Blue on overlay
map)
3.304 Definitions
As used in this chapter, the following terms shall have the meanings indicated:
FIREARM – A rifle or handgun of any caliber, a shotgun of any gauge, muzzleloader
or any other WEAPON which expels a projectile by the explosive force of ignited
gunpowder, compressed air or compressed gas of a type or speed that may cause
BODILY HARM or worse.
WEAPON- Any device, by which a projectile may be launched of a type or at a speed
that is likely to cause BODILY HARM or worse, including but not limited to a bow,
crossbow or slingshot.
RECREATIONAL SPORT SHOOTING FACILITY – Any facility where FIREARMS or
other WEAPONS are discharged pursuant to a valid conditional use permit issued
under Chapter 6, Zoning.
BODILY HARM – Any bodily injury that causes a laceration that requires stitches,
staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a
temporary loss of consciousness, sight or hearing: a concussion; or a loss or fracture
of a tooth.
3.305 Violation and Penalties
Any person who violates any provision of this chapter is subject to the penalties as
outline in Section 1.005 of the Village of Hobart code and shall be subject to
forfeiture in the amount no less that $200 and not to exceed $1,000 for each offense.
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3.401 PUBLIC NUISANCES PROHIBITED
3.4 - NUISANCE ORDINANCE
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance
within the Village of Hobart.
3.402 DEFINITIONS
A. 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.
2. In any way render the public insecure in life or in the use of property.
3. Greatly offend the public morals or decency.
4. 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.
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.
2. Carcasses of animals, birds, or fowl not buried or otherwise disposed of in a sanitary
manner within 24 hours after death.
3. 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.
4. All stagnant water in which mosquitoes, flies, or other insects can multiply.
5. Garbage cans which are not fly-tight.
6. All noxious weeds and other rank growth of vegetation.
7. All animals running at large.
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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.
9. 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.
10. 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.
11. All abandoned wells not securely covered or secured from public use.
12. Any obstruction in or across any watercourse, drainage ditch or swale.
13. The deposit of garbage, refuse, or any offensive substance on any public or private
property except as may be permitted by ordinance.
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 for the purpose of prostitution, promiscuous
sexual intercourse or gambling.
2. All gambling devices, gambling tables and slot machines.
3. 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.
4. 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.
5. Any place or premises resorted to for the purpose of drinking intoxicating liquor or
fermented malt beverages in violation of the laws of the State of Wisconsin or the
ordinances of the Village.
D. PUBLIC NUISANCES 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
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exclude other nuisances affecting public peace or safety coming within the provisions of
subsection “A” of this section.
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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. All use or display of fireworks except as provided by the laws of the State of
Wisconsin and ordinances of the Village.
8. All buildings or structures so old, dilapidated or out of repair so as to be dangerous,
unsafe, unsanitary, or otherwise unfit for human use.
9. All wires over streets, alleys or public grounds which are strung less than 18 feet
above the surface of the street or ground.
10. 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, 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.
b. 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
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voice or sound or noise or other sound making or sound reproducing
device. No person shall make for the purpose of advertising any
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.
d. 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.
e. Nothing in this section shall apply to the use of loud speaking or
amplifying systems as follows:
1) By a school when used in connection with an educational,
athletic, entertaining or recreational purpose
2) By a church when used in connection with an educational,
religious or recreational activity
3) Within a public park of the Village subject to the rules and
regulations of the Village Board.
4) 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.
b) 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.
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.
12. 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.
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13. All open and unguarded pits, wells, excavations or unused basements freely
accessible from any public street, alley or sidewalk.
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.
15. 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.
16. Repeated or continuous violations of the ordinances of the Village or laws of the
State of Wisconsin relating to the storage of flammable liquids.
17. Any structure, material or condition which constitutes a fire hazard or will impair
extinguishing of any fire.
18. 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.
19. Any nuisance so defined by the Wisconsin Statutes.
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.
2. 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.
3. 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.
F. STORAGE OF JUNK
No person shall store on any property in the Village, any junk, debris or condition,
including, but not limited to: or unlicensed and/or inoperable vehicles, vehicle parts,
machinery, machinery implements, or machinery parts, refrigerators, furnaces, washing
machines, stoves, water heaters, wood, bricks, concrete blocks, other building materials,
upholstered furniture, mattresses, bedsprings or other furniture not intended for exterior use
by the manufacturer and used or stored on open porches or in yards, household garbage or
refuse not properly contained or stored, or other unsightly debris or unsightly conditions
which may tend to depreciates property values in the area or create a nuisance, hazard or
eyesore except in an enclosed building which houses such property from public view, or
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upon permit issued by the Village, or as may be allowed as an approved use by the Village
Zoning Code.
Lots in residentially developed areas shall be kept free, by the owner, occupant, or person
authorized to use same, of dirt piles, rubble, grass piles, leaf piles, and any other material or
conditions which might hinder maintenance of the property except as provided by the
following:
1. Dirt piles and materials used for landscaping the lot shall be leveled, used within
thirty (30) days of the date of delivery of the dirt.
2. Dirt piles in commercially and industrially zoned areas shall be removed within one
(1) year of the date of deposit on the property, completion of site development or
expiration of a Village Building Permit.
3. Dirt piles and materials used for landscaping used in conjunction with properly
zoned landscaping businesses or contractor’s yards.
4. Compost piles meeting all of the following requirements:
i. Located in the rear yard as defined by the Village Zoning
Ordinance.
ii. Located at least 10 feet from property lines, except for properties
zoned A1 or A2 where the compost pile is not abutting a
residentially zoned property.
iii. Confined in a bin meeting generally acceptable composting
principals.
iv. Managed and maintained odor free.
v. Does not contain meat or other animal products.
vi. Kept free of vermin.
vii. Does not pose or create any nuisance condition.
A violation of this section is declared a public nuisance.
G. Unkempt Buildings
The exterior of every structure or accessory structure, residential and non-residential,
including fences, shall be maintained by the owner, occupant or person authorized to use
same, in good repair and all exterior surfaces thereof shall be kept painted or covered with
exterior siding materials intended for that use by the manufacturer for purposes of
preservation and appearance. The same shall be maintained by the owner, occupant or
persons authorized to use same, free of broken or missing siding, shingles or exterior
woodwork crumbling stone or brick, excessive chipped, peeling or lack of paint, missing,
broken or deteriorating steps, porches, handrails and guardrails or any other conditions
reflective of deterioration and/or inadequate maintenance or as may tend to depreciate
property values in the area or create a nuisance or hazard.
H. Weed Cutting and Lawn Care
1. Definitions
a. Noxious Weeds shall mean the weeds defined in Wisconsin Statute 66.0407, which
is hereby adopted and made a part of this article, and shall also include common
ragweed (Ambrosia atemisiifolia), giant ragweed (Ambrosia trifida) and burdock
(Actrium spp.).
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. Developed Lot shall be defined as one with a finished residential use, commercial
use, institutional use or industrial use building or building under construction.
c. Undeveloped Lots shall be defined as any lot not meeting the Developed Lot
definition located within a platted subdivision or Certified Survey Map.
2. Owner’s Responsibility
a. The owner of every parcel of land within the Village shall destroy or cause to be
destroyed all noxious weeds on every parcel of land which he/she owns, occupies
or controls.
b. The owner of every parcel of land within the Village shall cut or cause to be cut all
grass, weeds and similar vegetative growth in excess of eight (8) inches in
length/height for developed lots and twelve (12) inches in length/height for
undeveloped lots, including the public right-of-way adjoining said land except as
follows:
i. Lands zoned A-1 or A-2 where the property contains a permitted
principal use other than or in addition to a dwelling. For the purposes of
this exception, the yard around any dwelling on such land is required to
comply with the Landscape Maintenance provisions of section 3.402
H.3.
ii. Lands, used principally for farming, agricultural, cultivation, harvesting
operations including, but not limited to, crops or livestock. For the
purposes of this exception, the yard around any dwelling on such lands is
required to comply with the Landscape Maintenance provisions of
section 3.402 H.3.
iii. Appropriately maintained Natural Landscaping as provided in section
3.402 H.3.b.
iv. Wooded areas or tree lines where the distance between trees effectively
prevents mowing.
v. Hilly areas with severe slopes that would prevent safe mowing.
vi. Lands located in a designated floodplain and/or wetland area.
vii. Properties owned by governmental entities or where federal, state or
local regulations provide otherwise.
viii. Property or land areas with unusually unique terrain or circumstances as
determined by Village personnel.
3. Landscape Maintenance
a. Purpose. The use of woodlands, prairies, wildflowers, natural grasses and
other native plants in a managed landscape design can be economical, lowmaintenance
and effective in soil and water conservation. However, it is not
the intent of this section to allow vegetated areas to be completely unmanaged
or overgrown.
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Areas that present either a direct health hazard or provide a demonstrated
breeding ground for fauna known to create a safety or health hazard will not be
permitted. Certain noxious weeds defined in this section are recognized
indicators of neglect. The Village recognizes the desirability of permitting
natural vegetation within the Village limits while maintaining public health and
safety at the same time.
b. Managed & Natural Landscaping.
i. Native and naturalized plants including, but not necessarily limited to, ferns,
wildflowers, grasses, shrubs and trees may be grown in a managed landscape
design or in naturally maintained conditions such as prairies, wooded areas,
wetlands provided said plants were not obtained, or are not growing, in
violation of any local, state or federal laws.
ii. Nuisance weeds and noxious weeds as identified in this ordinance are
prohibited in all cases and shall be subject to abatement.
iii. Managed & Natural Landscape areas shall not be allowed to interfere with
traffic vision.
c. Yard Neglect
i. The front, side and rear yards of a residence, commercial, institutional or
industrial use, shall be maintained with a lawn, shrubbery, plantings or other
surface treatment consistent with this section for an area equal to the
property’s zoning district minimum setback requirements, except as provided
in section 3.0402 H.2.b.
ii. Rank or unmanaged growth of vegetation identified in state or local codes is
not permitted and is declared to be a public nuisance.
4. Noxious Weeds & Uncut Growth; Public Nuisance; Abatement by the Village
All noxious weeds and uncut vegetative growth as outlined in this ordinance is hereby
declared to be a public nuisance and may be abated by the Village at its option if the
owner fails to comply with this ordinance. In addition to any other penalty provided
in this code, the costs thereof, together with an administrative charge applied to the
bill, imposed each time the growth is abated shall be charged against the property as a
special tax.
3.403 ABATEMENT OF PUBLIC NUISANCES
A. INSPECTION OF PREMISES
Whenever complaint is made that a public nuisance exists within the Village, the Chief of
Police, Building Inspector or other authorized Village employee shall inspect or cause to be
inspected the premises and shall make a written report of his/her findings to the Village
Administrator.
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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 Administrator or
designee may direct the appropriate personnel 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.
2. 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
Administrator shall direct the abatement or removal of such nuisance.
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, peace, morals or decency, he shall file a written report of his findings
with the Village Administrator who may cause an action to abate such nuisance to be
commenced per 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, or shall be assessed against the real estate.
(1) Wherever this Article imposes the Cost of Abatement as a special charge against the
premises, the Village elects not to be subject to the administrative review provisions
contained within Chapter 68 of the Wisconsin Statutes, and establishes the following as a
complete and final review procedure: As a condition precedent to challenging any special
charge, the owner of the premises must timely pay the charge in full under protest to the
Village. An appeal shall be to the Village Administrator and can be undertaken only by
filing a written appeal with the Village Clerk concurrent with the date of payment. The
written appeal shall specify all grounds for challenge to the amount of the special charge
and shall state the amount of charge that the appellant considers to be appropriate. Failure
to timely and properly appeal shall deprive the Village Administrator of jurisdiction to
hear the appeal.
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3.405 PENALTIES
a. The Village Administrator shall have 60 calendar days to consider an appeal under
this subsection. In considering an appeal, the Village Administrator shall
determine whether the charge is fair and reasonable and, in the event the
appeal is granted, whether or not are fund is due the appellant and the amount
of the refund. The Village Administrator shall conduct a formal or informal
hearing at such time and place as designated in a hearing notice to the
appellant, providing five (5) business days notice to the appellant. The Village
Administrator shall obtain sufficient facts upon which to make a
determination. The decision shall be based upon the evidence presented. The
Village Administrator shall notify the appellant in writing of the determination
by first class mail addressed to the individual and at the address listed within
the appeal. Service is conclusive upon mailing.
b. The decision of the Village Administrator is final except if the owner of the
premises appeals the decision to a court of competent jurisdiction. Such
appeal shall be filed no later than thirty (30) calendar days after the date of
mailing the decision of the Village Administrator. Such appeal shall be by
writ of certiorari and the reviewing court shall be limited solely to the record
created before the Village Administrator. Costs, but not attorney fees, shall be
awarded to the prevailing party, at the sole discretion of the court. Failure to
timely and properly appeal shall deprive the court of jurisdiction to hear the
appeal.
A. FORFEITURE AND COSTS
The penalty for violation of any provision of this Ordinance shall be a forfeiture of not less
than $50.00 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 person’s possession or under
such person’s 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.
B. 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.
C. 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.
2. All animals and animal quarters are kept in a clean and sanitary condition
and so maintained as to eliminate objectionable odors.
3. Animals are maintained in quarters so constructed as to prevent their
escape.
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.
B. 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.
C. Exceptions – The exceptions to this section shall apply as in 3.501.
D. Prohibitions – The prohibitions of this section shall apply as in 3.501.
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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, 91 st Congress).
3.504 Food and Drink
3.505 Shelter
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.
B. The food shall be sufficient to maintain all animals in good health.
C. 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.
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.
B. 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.
C. 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.
D. 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.
E. 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.
F. No person may intentionally abandon any animal.
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 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/holdup,
and fire 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
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
False Alarm - means a signal from an alarm system that alerts the Police
Department/Fire Department that results in an emergency response from the Police/Fire
Department when a situation of emergency does not exist.
Police or Fire Alarm – means any device designed to detect and alert Police or Fire of
such occurrence and when activated gives a signal, either by visual, audible, or
transmitting or causing to be transmitted an alarm signal, or the combination of any of the
above.
Local Alarm – An Intrusion / Burglar Alarm System, or Fire Alarm 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. Not to include
detectors such as smoke detectors/carbon monoxide detectors, medical alarms such as
Life-line, septic tank alarms or electrical problem indicators. For the most part, these are
stand-alone, designed to warn persons inside the structure.
Security Alarm System – Any device designed for the detection of an unauthorized entry
to the premises, an unlawful act or any emergency that alerts the Police Department of its
commission or occurrence and, when activated, gives an internal or external signal, either
visual, audible or transmits or causes to be transmitted a signal, or any combination of the
above.
3.703 ALARM PERMITS
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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 therefore has
been issued by the Village, with the following exception: Not to include detectors
such as smoke detectors/carbon monoxide detectors, medical alarms such as
Life-line, septic tank alarms or electrical problem indicators. For the most part
these are stand alone alarms designed to warn persons inside the structure.
B. 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 or Fire Department may deem
necessary for safe and proper emergency response. The annual $15.00 alarm
permit fee for a full or partial calendar year beginning January 1 st and expiring
December 31 st of each year, shall be collected at the time of application. A
permit 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 not to exceed 12 months, expiring on
December 31 st 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.
D. 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 ordinance from which this article is derived. With
respect to any alarm system installed after the effective date of this ordinance, a
permit must be issued before the alarm system is installed.
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.
B. Duty to Respond to Alarm – The owner of premises protected by an alarm
system must respond to the protected premises within 30 minutes of notification
of an alarm. The owner/key holder is to assist police officers in gaining access to
the building for the purpose of inspection. The owner/key holder is also
responsible for shutting off
and/or resetting the alarm system. Under no circumstances shall a member of the
Police
Department or Fire Department reset an alarm. The owner of an alarmed premise
shall provide current information on persons/key holders to be contacted in the
owner’s absence.
C. Time Delay and Shutoff – All security alarm systems shall be equipped with a
20 second time delay in cases where the alarm is accidentally tripped.
All local alarms
shall be equipped with a 15 minute automatic shut off or
some other secure means
of turning off the alarm.
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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, January 1 st through December 31 st of each year, as
follows:
a. 1st alarm during a calendar year $ 25 each
b. 2nd or 3rd alarms during a calendar year $ 50 each
c. 4th or more alarms during a calendar year $100 each
2. Exceptions:
a. Municipal alarms
b. False alarms caused by outside sources
c. Any special charge may be waived by the Village Administrator
or his designee if the owner can show that the false alarm was
caused by an outside source beyond the owner’s control. That
the alarm was properly maintained and not the result of
negligence on the part of the owner, his agent or employees.
d. Not to include detectors such as smoke detectors/carbon
monoxide detectors, medical alarms (Life-line) or electrical
problem indicators. For the most part these are stand alone
alarms designed to warn persons inside the structure.
e. Motor Vehicle Alarms – This ordinance shall not apply to
audible alarms affixed to motor vehicles.
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
§66.0627, for collection and settlement under Wis. Stats. Ch. 74
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.
B. Telephone Alarm Dialers – Telephone alarm dialers are not permitted to be
programmed to direct dial the Police or Fire Department, except by special
permission of the Village Administrator or his designee.
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C. 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.
D. Penalty – Any person who violates any provision of this article shall be subject to
a penalty as provided in Chapter 1, Section 1.005.
5/2013
Contents:
3.8 - PEACE AND GOOD ORDER
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
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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.
2. It is not the intent of this ordinance to impose a criminal penalty, but
rather to serve the Village’s 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.
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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. Child means a person age 16 or younger for purposes of this ordinance.
2. 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.
3. 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.
4. Minor means a person age 17 or younger.
5. 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
Village’s designation of such Restricted Zone, but will include
contiguous parcels used for ancillary purposes, such as an
athletic field located adjacent to a school.
b. Loiter Fee Zones: the 200 foot radius surrounding all Restricted
Zones.
c. 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 Village’s office and on the Village’s official web
site.
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. Loiter Free Zones: It is unlawful for a Designated Offender to loiter
within a Restricted Zone or Loiter Free Zone.
3. 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. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed.
G. 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.
3.805 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.
3.806 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.
3.807 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.
B. 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.
C. 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.
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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.
3. 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 .
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.
2. 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.
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. See also
5.003 for dogs.
C. 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.
2. 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
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Clerk upon payment of the annual fee of $5 and certification by a
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.
2. Poultry - No person shall keep or maintain poultry or fowl in any zoning
district, except agricultural districts.
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.
B. 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.
C. 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
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the official newspaper, become a part of this section by reference as
though fully incorporated herein.
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.
3. 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.
2) The fence shall be kept in good state of repair and
painted in uniform color.
3) 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.
4) The fence shall not be less than 25' from the street, curb
or road edge.
b. No material shall rest upon the fence.
c. There shall be no signs, bulletins and posters posted on the
fence.
d. 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.
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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.
5. 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.
6. 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.
7. 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.
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.
B. No person shall place anything in a privately owned dumpster not owned by
them. No person shall place non-recyclables at a recycling center.
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.
3.812 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.
3.813 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
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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
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.
B. 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.
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.
B. 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.
C. 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.
D. 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.
E. No person shall smoke cigarettes, cigars, or pipes inside of any Village municipal
building.
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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.
B. 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.
b. 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.
c. 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.
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.
B. 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.
2. 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.
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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.
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.
B. 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.
C. 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.
D. 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.
E. 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.
2. 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.
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
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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.
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.
2. 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.
3. 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.
4. 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.
H. VILLAGE COMPLIANCE - The Village will comply with this section, but no
penalties shall apply to the Village.
I. LIABILITY - The general contractor, permit holder and owner are jointly and
severally liable for violations of this section. It is the Village’s intention to
prosecute violations in the following order:
1. First - General contractor
2. Second - Permit holder
3. Third - Owner
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
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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.
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.
2. 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.
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.
2. 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.
3. 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.
4. 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
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payment of an additional license fee of $25 per day for the time during
which it is granted.
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.
E. 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.
F. FEES - The fee for such licenses shall be as follows:
1. For a period not exceeding 15 days, $25
2. For a period not exceeding 30 days, $50
3. For a period not exceeding 60 days, $75
4. A further fee of $1 per $1,000 of the price set forth on the inventory
G. EXCEPTIONS - This section shall not apply to sales by public officers or sales
under judicial process.
H. PENALTY - Any person violating this section shall forfeit not less than $25 nor
more than $200 for each violation.
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.
3.821 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
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3.822 FOUND PROPERTY
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.
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.
B. 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.
C. 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.
D. If the person declines to take the goods or money, the property may be disposed
of in accordance with §66.28, Wis. Stats.
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.
2. Advertise, produce or perform in any obscene performance.
3. Have in his possession with intent to transfer or exhibit to a person under
the age of 18 years any obscene material.
4. Transfer or exhibit any obscene material to a person under the age of 18
years.
5. Require as a condition to the purchase of periodicals that a retailer accept
obscene material.
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.
C. DEFINITIONS
Knowingly - Having general knowledge of, reason to know or a belief or ground
for belief which warrants further inspection or inquiry of both:
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1. The character and content of any material described herein which is
reasonably susceptible of examination by the defendant.
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
2. Is patently offensive to prevailing standards in the adult community as a
whole with respect to what is suitable material for minors
3. Lacks serious literary, artistic, political or scientific value if taken as a
whole
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
2. Under contemporary community standards describes or shows sexual
conduct in a patently offensive way
3. Lacks serious literary, artistic, political or scientific value if taken as a
whole
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
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Sexual Excitement - The condition of human male or female genitals when in a
state of sexual stimulation or arousal
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.
2. 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.
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.
3.825 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.
3.826 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.
2. 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.
3. 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.
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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. An order for the pupil to attend school
b. 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
c. All or part of the forfeiture plus costs may be assessed against
the pupil, the pupil's parent(s) or guardian(s), or both.
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;
b. 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
c. 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)
d. An order for the pupil to attend an educational program as
described in §938.34(7d), Wis. Stats.
e. An order for the pupil to attend school
f. Subject to §938.37, Wis. Stats., a forfeiture of not more than
$500 plus costs for each occurrence. All or part of the forfeiture
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plus costs may be assessed against the pupil, the pupil's parent(s)
or guardian(s) of the pupil, or both
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
h. An order placing the pupil under formal or informal supervision
as described in §938.34(2), Wis. Stats., for up to one year
i. An order for the pupil's parent, guardian, or legal custodian to
participate in counseling at the parent’s, guardian’s, or legal
custodian's own expense, or to attend the school with the pupil,
or both
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.
2. 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.
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
B. Represents that the merchandise was purchased from a particular merchant when
it was not purchased from that merchant
C. Represents that the merchandise was purchased for a particular price when it was
purchased for a lower price
D. Gives the merchant a false name or address
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:
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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
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.
C. 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
2. 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
3. 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
3.830 CIGARETTES AND TOBACCO PRODUCTS, MINORS POSSESSING -
PROHIBITED
A. No person under 18 years of age may possess any cigarette or tobacco products.
B. 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.
C. Persons under 18 shall be penalized $25, plus costs, or a total of $55.
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D. No retailer may place a vending machine within 500' of a school.
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.
F. 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.
2. The vending machine is in a place where it is inaccessible to the public
when the premises are closed.
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.
H. 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.
I. 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.
J. The penalty for vending machine violations shall be $200, plus costs.
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.
3.832 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.
B. 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.
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C. 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
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.
3.834 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.
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ORDINANCE NO. 3.835
AN ORDINANCE CREATING SECTION 3.835 – SMOKING PROHIBITED
ORDINANCE
OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, WISCONSIN
THE VILLAGE BOARD OF THE VILLAGE OF HOBART, BROWN COUNTY,
WISCONSIN, DOES ORDAIN THAT SECTION 3.835 BE CREATED
3.835 - SMOKING PROHIBITED
3.835.010 Purpose.
3.835.020 Definitions.
3.835.030 Smoking prohibited in public places.
3.835.040 Smoking prohibited in places of employment.
3.835.050 Smoking prohibited in specified outdoor areas.
3.835.060 Exceptions.
3.835.070 Signs required.
3.835.080 Enforcement.
3.835.090 Additional private prohibitions.
3.835.100 Other applicable laws or regulations.
3.835.110 Liberal construction.
3.835.120 Penalty.
3.835.130 Severability.
3.835.140 Effective date.
3.835.010 Purpose. It is recognized that smoking of tobacco-related products is hazardous to
the health of both smokers and nonsmokers who are exposed to smoke/smoking.
Reliable scientific studies, including studies conducted by the Surgeon General of the
United States, have shown that breathing sidestream or secondhand smoke is a
significant health hazard to nonsmokers, particularly to children, elderly people,
individuals with cardiovascular disease, and individuals with impaired respiratory
function, including asthmatics and those with obstructive airway disease. Health hazards
induced by breathing sidestream or secondhand smoke include lung cancer, respiratory
infection, decreased respiratory function, decreased exercise tolerance,
bronchoconstriction, and bronchospasm. This ordinance is adopted for the purpose of
protecting the public health, safety, comfort, and general welfare of the people of the
Village of Hobart.
3.835.020 Definitions. For purposes of this chapter, the following terms have the meaning:
A. Adult day care facility has the meaning set forth in section 49.45(47)(a), Wis.
Stats.
B. Bed and breakfast establishment has the meaning set forth in section
254.61(1), Wis.Stats.
C. Child care facility shall mean any licensed or certified child care facility
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including, but not limited to, licensed family day care or licensed group day care
centers, licensed day camps, certified school-age programs, and Head Start
programs.
D. Cigarette has the meaning set forth in section 139.30(1), Wis. Stats.
E. Enclosed indoor area shall mean all space between a floor and ceiling that is
bounded by walls or windows, whether open or closed, covering more than 50
percent of the combined surface area of the vertical planes constituting
the perimeter of the area. A wall includes any retractable divider,
garage door, or other physical barrier, whether temporary or permanent.
F. Entrance shall mean a doorway and adjacent area which gives direct access to a
building from a contiguous street, plaza, sidewalk or parking lot. Health care
facility has the meaning set forth in section 155.01(6), Wis. Stats.
G. Hotel and motel shall have the meaning set forth in section 254.61(3), Wis.
Stats.
H. Mall shall mean an enclosed, indoor area containing common areas and discrete
businesses and stores primarily devoted to the retail sale of goods and services.
I. Medical services shall have the meaning set forth in section 647.01(6), Wis.
Stats.
J. Non-smoking shall mean smoking is prohibited.
K. Place of employment shall mean an enclosed area controlled by an employer
which employees normally frequent during the course of employment including,
but not limited to, common work areas, private offices, employee lounges,
restrooms, conference and meeting rooms, classrooms, health care
facilities, cafeterias, stairways, hallways, vehicles and all other enclosed
facilities. A private residence is not a place of employment within the meaning of
this ordinance.
L. Private club shall mean an organization, whether incorporated or not, which is
the owner, lessee, or occupant of a building or portion thereof used exclusively
for club purposes at all times, which is operated solely for a recreational,
fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for
pecuniary gain and which only sells alcohol beverages incidental to its operation.
The affairs and management of the private club are conducted by a board of
directors, executive committee or similar body chosen by the members at an
annual meeting. The private club has established bylaws and/or a constitution to
govern the club's activities. The private club has been granted an exemption from
the payment of federal income tax as a club under 26 U.S.C.A 501.
M. Private residence shall mean a premise owned, rented or leased for
temporary or permanent habitation.
N. Public place shall mean any enclosed area to which the public is invited or in
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which the public is permitted. A private residence is not a public place unless it is
used as a child care facility, adult day care facility or health care facility.
O. Smoking shall mean to inhale, exhale, carry, possess, or control any lighted
cigarette or any lighted tobacco product in any form or in any manner.
P. Tobacco product shall have the meaning set forth in section 139.75(12), Wis.
Stats.
3.835.030 Smoking prohibited in public places. Except as provided in section 3.835.050,
smoking in any public place shall be unlawful, including, but not limited to the
following:
A. Theatres, libraries, museums, auditoriums, and convention halls which are used by
or open to the public.
B. Child care facilities.
C. Adult day care facilities.
D. Retail stores.
E. Health care facilities.
F. Waiting rooms, hallways or rooms of health care laboratories.
G. Waiting rooms, hallways and rooms in offices of any physician, dentist,
psychologist, chiropractor, optometrist, optician or other medical service provider.
H. Lobbies, hallways and other common areas in apartment buildings,
condominiums, retirement facilities, and other multiple-unit residential facilities.
I. Restrooms, lobbies, reception areas, hallways and other common areas which
are used by or open to the public.
J. Meeting and conference rooms in which people gather for educational, business,
professional, union, governmental, recreational, political or social purposes.
K. Service Line means an indoor or outdoor line in which (1) or more persons are
waiting for or receiving service of any kind. This includes but is not limited to
ATM lines, concert lines, any event for which a line has been formed. This does
not include lines in which people wait in their vehicle such as a drive-thru or car
wash, etc.
L. Polling places.
M. Self-service laundry facilities.
N. Restaurants.
O. Bars, taverns, nightclubs and cocktail lounges.
P. Common areas of malls, meaning those areas within a mall customarily accessible
to patrons.
Q. Village facilities, meaning all Village-owned and operated buildings and those
portions of buildings leased and operated by the Village.
R. Educational facilities, meaning any building used principally for educational
purposes in which a school is located or a course of instruction or training
program is offered that has been approved or licensed by a state agency or board.
S. Sports arenas, meaning sports pavilions, stadiums, gymnasiums, health spas,
swimming pools, roller and indoor ice rinks, bowling centers, and other similar
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places where the public assembles to engage in physical exercise, participate in
athletic event competition or witness a sporting or other event.
T. Common areas in bed and breakfast establishments, hotels and motels, and rooms
thereof that are rented to guests and designated as non-smoking rooms
including lobbies, community rooms, hallways, laundry rooms, stairwells,
elevators, enclosed parking facilities, pool areas and restrooms within said
facilities.
3.835.040 Smoking prohibited in places of employment.
A. Except as provided in section 3.835.060, smoking in any place of employment
shall be unlawful.
B. This prohibition on smoking shall be communicated to all existing employees
prior to the effective date of this ordinance and to all prospective employees upon
their application for employment.
3.835.050 Smoking prohibited in specified outdoor areas. Smoking shall be unlawful in the
following areas:
A. Within a reasonable distance of all outside entrances to, operable windows of, or
ventilation systems of public places or places of employment where smoking is
prohibited pursuant to sections 3.835.030 and 3.835.040 so as to prevent smoke
from entering said enclosed areas in which smoking is prohibited.
B. In the seating areas of all outdoor arenas, stadiums, and amphitheaters, as well as
in the bleachers and grandstands used by spectators at sporting and other public
events, including, Four Seasons Park Ball field and Pine Tree Park Ball field
without limitation.
C. Those portions of Village parks temporarily posted as no smoking areas by the
Public Works Department at the request of a park permit holder or park facility
lessee or when necessary for the public health or safety.
3.835.060 Exceptions. The following shall not be subject to and are exempt from the
smoking prohibitions of this chapter:
A. Use of tobacco by an enrolled member of an Indian tribe, as those terms are
defined in WI Stats., 139.30(4) and (5), specific to smoking tobacco as part of a
traditional spiritual or cultural ceremony.
B. Bed and breakfast establishments and hotel/ motel rooms that are rented to
guests and are designated as smoking rooms, provided that not more than
twenty-five percent (25%) of the rooms rented to guests are designated as
smoking rooms. This exception does not include common areas as defined in
section 3.835.030 T.
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C. Private residences, except when used as a child care facility, adult day care
facility or health care facility.
D. Private clubs, except when the public is routinely allowed to enter or for a
specific function to which the public is invited or permitted to enter. This
exception shall not apply to any organization established to avoid compliance
with the ordinance.
3.835.070 Signs required.
A. Signs prohibiting smoking shall be posted conspicuously at every entrance by the
proprietor or other person in charge of each building or structure regulated by sections
3.835.030 and 3.835.040. Signs in specified outdoor areas designated as non-smoking
pursuant to section 3.835.050 shall be placed so that the general public has reasonable
notice of the prohibition. Signs shall contain a reference that regulation is by ordinance,
such as No Smoking - Village Ordinance Chapter 3.835, or equivalent. A sign shall not
be smaller than 8 1/2 x 5 1/2, except that signs in specified outdoor areas may be reduced
in size and displayed on table top tents or menus.
B. It shall be unlawful for any person to remove, deface or destroy any legally required No
Smoking sign.
3.835.080 Enforcement.
A. The proprietor or other person in charge of premises regulated hereunder shall make
reasonable efforts to prevent smoking in prohibited areas by:
1. Approaching persons who fail to voluntarily comply with this chapter
and requesting that they extinguish their smoking material and refrain
from smoking upon witnessing the same or upon request from any
person.
2. Any other means which may be deemed appropriate by said proprietor
including refusal of service to anyone smoking in a prohibited area.
B. No proprietor or other person in charge of premises regulated by this chapter shall place,
provide or make available any ashtray or similar device used to facilitate smoking in an
area where smoking is prohibited.
C. Any person who desires to register a complaint under this chapter may contact the
Village Police Department.
D. No person shall discharge, refuse to hire, refuse to serve or in any other manner retaliate
against any employee, applicant for employment, customer, service user, business patron
or any other person because that person exercises any rights afforded by this chapter.
E. The Police Department, Code Compliance Department and/or Fire Department shall have
the power, whenever it may deem necessary, to enter a building, structure, or property
regulated under this chapter to ascertain whether the premises are in compliance with this
chapter. The above-listed departments may issue compliance orders and citations
pursuant to the provisions of this code.
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3.835.090 Additional private prohibitions. Nothing in this ordinance shall prevent a proprietor
or other person in charge of any place from prohibiting smoking in any indoor or outdoor area
under their control.
3.835.100 Other applicable laws or regulations. This chapter shall not be interpreted or
construed to permit smoking where it is otherwise restricted by any other law or regulation.
3.835.120 Penalty. Any individual who violates any provision of this chapter shall be required to
forfeit not less than $100.00 nor more than $250.00/violation. Persons in charge or business
owners can be fined $100.00/day for violating this law. Each day of violation shall constitute a
separate offense.
3.835.130 Severability. The provisions of this ordinance are severable. If any provision of this
ordinance is invalid or if the application of any provision to any person or circumstance is invalid,
such invalidity shall not affect the provisions or the applications of such, or the remaining provisions
which can be given effect without the invalid provisions or invalid application.
3.835.140 Effective date. The provisions of this chapter shall become effective upon publication.
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 manufacture’s instructions and the regulations
promulgated hereunder. In the event of a conflict, the regulations promulgated
hereunder shall apply unless the manufacturer’s instructions are stricter than the
regulations promulgated hereunder, in which case the manufacturer’s 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 manufacturer’s 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.
B. 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.
C. The Village of Hobart Director of Public Works is authorized and directed to post
appropriate signs consistent with the provisions of this ordinance.
This ordinance shall take effect and be in force upon passage and publication.
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