Ordinance9

Chapter 9
Orderly Conduct

9.01 Discharging of Firearms Restricted
9.02 Throwing of Shooting of Arrows, Stones and Other Missiles Prohibited
9.03 Sale and Discharge of Fireworks Restricted
9.04 Obstructing Streets and Sidewalks Prohibited
9.05 Disorderly Conduct Prohibited
9.06 Procession of Intoxicants on Streets
9.07 Loud and Unnecessary Noise Prohibited
9.08 False Alarms Prohibited
9.09 Obedience to Officers
9.10 Gambling, Lotteries, Fraudulent Devices and Practices Prohibited
9.11 Prostitution, Entertainment and Dancing
9.12 Loitering Prohibited
9.13 Indecent Conduct and Language Prohibited
9.14 Obscene Literature
9.15 Indecent Advertising Prohibited
9.16 Destruction of Property Prohibited
9.17 Littering Prohibited
9.18 Cruelty to Animals and Birds Prohibited
9.19 Curfew
9.20 Prohibition Against the Use of Engine Brakes
9.21 Prohibition Against Public Urination
9.22 Prohibition Against Shining of Animals from Public Streets/Highway
9.23 Penalties

9.01 DISCHARGING OF FIREARMS RESTRICTED

(1) No person, except a sheriff, constable, police officer or their deputies, shall fire or discharge any firearm, rifle, spring or air gun within the Village of Ferryville or have any firearm, rifle, spring or air gun in his possession or under his/her control unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container, provided the Chief of the Police or the Village President may grant a permit for such use to any adult resident of the Village for not more than one year.

9.02 THROWING OR SHOOTING OF ARROWS, STONES AND OTHER MISSILES PROHIBITED

(1) No person shall throw or shoot any object, arrow, stone, snowball, or other missile or projectile, by hand or by any other means at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the Village of Ferryville, provided the Chief of Police or Village President may grant a permit for archery for a period not more than one year.

(2) Bow hunting permitted in the outer and low-lying areas of the Village of Ferryville.

(a) Bow hunting permitted within the Village limits of Ferryville, only in the outer and low-lying areas.

(b) No person may discharge or cause to discharge of any bow and arrow within 300 feet of any inhabited dwelling or building, or any public park, square or enclosure, devoted to human or animal occupancy without the consent of the land owners or owner's permission.

(c) Anyone wanting to hunt within 300 feet of any structure devoted to human or animal occupancy must attain permission to hunt from each and everyone within the 300 feet area.

(d) All bow hunters, must obtain permission from the landowners at all times. Anyone violating any part of this ordinance will be subject to a fine from section 13.04.

9.03 SALE AND DISCHARGE OF FIREWORKS RESTRICTED.

(1) Sec. 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 section as though set forth in full.

9.04 OBSTRUCTING STREETS AND SIDEWALKS PROHIBITED

(1) No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Village of Ferryville in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place.

9.05 DISORDERLY CONDUCT PROHIBITED

(1) No person shall within the Village of Ferryville:

(a) In any public or private place engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or other disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to disturb or annoy any other person or persons.

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

9.06 POSSESSION OF INTOXICANTS ON STREETS.

(1) No person shall consume any intoxicating liquor or fermented malt beverage while in or upon any public street, alley, sidewalk or other public way.

(2) All purchases of alcoholic or fermented malt beverages by the glass or in open container, shall be consumed on the licensed premises where served and shall not be moved to thoroughfares, streets, or sidewalks in the Village of Ferryville.

(3) No person shall be in possession of any glass or open container alcoholic or fermented malt beverages on any thoroughfare, street, sidewalk or public way.

9.07 LOUD AND UNNECESSARY NOISE PROHIBITED

(1) No person shall make or cause to be made any unnecessarily loud or disturbing sounds or noises such as may tend to annoy or disturb a person of ordinary sensibilities in or about any public street, alley or park or any private residence. No railroad shall blow a whistle within the Village of Ferryville except as required by law.

9.08 FALSE ALARMS PROHIBITED

(1) No person shall give or send or cause to be given or sent in any manner any alarm of fire or other emergency which he knows to be false.

9.09 OBEDIENCE TO OFFICERS

(1) No person shall, resist or in any way interfere with any officer of the Village of Ferryville while such officer is doing any act in his/her official capacity and with lawful authority, or shall refuse to assist an officer in carrying out his/her duties when so requested by the officer.

9.10 GAMBLING, LOTTERIES, FRADUDULENT DEVICES AND PRACTICES PROHIBITED

(1) All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the Village of Ferryville. Any police officer or policeman of the Village may seize anything devised solely for gambling or found in actual use for gambling within the Village and dispose thereof after a judicial determination that such device was used solely for gambling or found in actual use for gambling.

9.11 PROSTITUTION, ENTERTAINMENT AND DANCING.

(1) No person shall operate or be an inmate of a house of prostitution, engage in or engage the services of a prostitute or offer to another the service of a prostitute with the Village of Ferryville.

(2) It shall be unlawful within the Village of Ferryville for any tavern, bar, inn, saloon, night club, private club or club of any kind, restaurant, or any business place of any kind:

(a) To hire or employ, or have, or to allow in their, his, or her place of business in any manner for the purpose of entertainment, amusement, recreation or for the soliciting, or enticing of patrons or customers in any manner any female, male, or person whose his or her purpose is for entertainment, amusement, recreation or art in the nude, semi-nude, or nude in any manner.

(b) It shall be unlawful within the Village of Ferryville, to show in any manner, any movie, film, slides, or pictures in any nature, in any of the business places, as so named above that in any manner or style resembles any part of the restricted dances, dancers and entertainment, so name above or any moving picture, film or pictures of any kind that are of the nude, semi-nude, lewd, obscene or indecent.

(3) Penalty for violation of this ordinance shall be fined according to Ordinance 13.04.

9.12 LOITERING PROHIBITED

(1) Loitering or prowling. No person shall loiter or prowl in a place, at a time or in a manner not usual for law-biding 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 and of a police or peace officer, refuse to identify himself/herself or manifestly endeavors to conceal himself/herself or any object. Unless flight by the person or other circumstance makes it impracticable, a police or peace officer shall prior to any arrest for an offense under this section afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him/her to identify himself/herself and explain his/her 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 to 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.

(2) Obstruction of highway by loitering. No person shall obstruct any street, bridge, sidewalk of crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.

(3) Obstruction of traffic by loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public place within the Village of Ferryville in such manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, sidewalks, alleys, street crossings and bridges or other public places by persons passing along and over the same.

(4) Loitering after being requested to move. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks or adjacent doorways or entrances, 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.

(5) Loitering in public places. No person shall loiter, lounge or loaf in or about any depot, theater, dance hall, restaurant, store, public sidewalk, public parking lot or other place of assembly or public use after being requested to move by any police officer. Upon being requested to move, a person must immediately comply with such request by leaving the premises or area thereof at the time of the request.

9.13 INDECENT CONDUCT AND LANGUAGE PROHIBITED

(1) No person shall use any indecent, vile, profane or obscene language or conduct himself/herself in any indecent, lewd, lascivious or obscene manner within the Village of Ferryville.

9.14 OBSCENE LITERATURE

(1) No person shall within the Village of Ferryville sell, offer for sale, give away, exhibit or possess any obscene book, pamphlet, paper, card, picture, toy or device.

9.15 INDECENT ADVERTISING PROHIBITED

(1) No person shall within the Village of Ferryville display any indecent advertisement.

9.16 DESTRUCTION OF PROPERTY PROHIBITED

(1) No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the Village of Ferryville, or its departments or to any private person without the consent of the owner or proper authority.

9.17 LITTERING PROHIBITED

(1) No person shall throw any glass, garbage, rubbish, waste, slop, dirty water or noxious liquid, or other litter or unwholesome substance upon the streets, alleys, highways, public parks or other property of the Village of Ferryville, or upon any private property not owned by him/her or upon the surface of any body of water within the Village.

9.18 CRUELTY TO ANIMALS AND BIRDS PROHIBITED

(1) No person except a peace officer or health or humane officer in pursuit of his/her duties, shall within the Village of Ferryville shoot or kill or commit intentionally an act of cruelty on any animal or bird.

9.19 CURFEW

(1) No person under the age of 16 years shall be or remain in or upon any of the streets, alleys or public places in the Village of Ferryville or be in any parked car on any of the streets, alleys or highways between 10:00 PM and 5:00 AM unless accompanied by his/her parent, guardian or some person of lawful age having the legal custody of such person unless such person is engaged in the performance of a necessary errand and has been directed by such parent, guardian, or other adult person having care and custody of the minor, or unless such person's employment makes it necessary for him/her to be in or upon such streets, alleys or public places between the hours herein specified.

(2) Responsibility of parents. The parent, guardian, or other adult person having the care and the custody of a minor under the age of 16 years shall not knowingly permit such minor to loiter, idle, wander, stroll, or play in or upon the public streets, highways, roads, alleys, parks, public building, places of amusement and entertainment, vacant lots, or other unsupervised places, between 10:00 AM and 5:00 AM, provided, this section does not apply when the minor is accompanied by his/her parent, guardian, or other adult person having the care and custody of the minor, or when the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian, or other adult person having the care and custody of the minor.

9.20 PROHIBITION AGAINST THE USE OF ENGINE BRAKES

(1) No person shall within the corporate limits of the Village of Ferryville make any unnecessary noise with a motor vehicle by the use of engine braking. Provided, however, that said prohibition above set forth shall not apply to any emergency situation.

(2) Penalties. Any person found to be in violation of this Ordinance shall be subject to penalties as set forth in Section 13.04 of the village code of the Village of Ferryville or any amendments thereto.

9.21 PROHIBITION AGAINST PUBLIC URINATION

(1) No person shall urinate in any public or private place within the corporate boundaries of the Village of Ferryville except within the confines of a permanent or temporary structure or facility designed for receipt, disposal, and/or holding for later removal and disposal of human urine and/or excrement.

9.22 PROHIBITION AGAINST SHINING OF ANIMALS FROM PUBLIC STREETS/HIGHWAYS
( Approved by Village Board Meeting 8/16/17)
(1) DEFINITIONS - as used in this section:
(a) Flashlight - means a battery operated light designed to be carried and held by hand.
(b) Light - includes flashlights, automobile lights and other lights.
(c) Peace Officer - has the meaning designated under 939.22(22) Wis Stats.
(d) Shining - means the casting of rays of light on a field, forest, or other area for the purpose of illuminating, locating, or attempting to illuminate wild animals.

(2) PRESUMPTION. A person casting the rays of light on a field, forest or other area which is frequented by wild animals is presumed to be shining wild animals. A person may introduce evidence to rebut this presumption.

(3) SHINING WILD ANIMALS FROM PUBLIC STREETS/HIGHWAYS IS PROHIBITED.

(a) PROHIBITION. No person may use, or possess with intent to use, a light for shining wild animals from a street or highway, or from any vehicle located on any street or highway within the village limits of the Village of Ferryville.

EXCEPTIONS. This subsection does not apply;

(1) To a peace officer on official business. An employee of the Wisconsin Department of Natural Resources (DNR) on official business or a person authorized by the department to conduct game census.
(2) To a person who possesses a flashlight or who uses a flashlight at the point of kill while hunting as authorized by the Village of Ferryville Code of Ordinances.
(3) If rules promulgated by the Wisconsin DNR specifically permit a person to use or possess a light for shining of wild animals in a manner otherwise prohibited by the section.

9.23 PENALITIES

(1) Any person who shall violate any provision of this chapter shall be subject to penalties as follows:

(a) Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in s. 13.04 of this code.

(b) In addition to any penalty imposed for violation of s. 9.16 of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the cost of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates s. 9.16 may also be held liable for the cost of replacing or repairing such damaged or destroyed property is accordance with s. 895.035, Wis. Stats.

(c) Any person under the age of 16 years violating s. 9.19(1) shall be taken by the police officer on duty to the Crawford County Sheriff's Department and such person's parents notified to call for him/her at said department. If such parent cannot be reached or refuses to come such person shall be taken to his/her home by the police officer.

(d) Any person or guardian having legal custody of such person or persons under the age of 16 years who has allowed, suffered or permitted such person or persons to violate s. 9.19(1), after having been notified in writing of violation thereof shall be subject to a penalty as provide in s. 13.04 of this code.