Chapter 27 - Public Peace and Good Order

CHAPTER 27
PUBLIC PEACE AND GOOD ORDER
(Rep. & Rec. GO 15-03)

Subchapter I – General Provisions
27.101	State Laws Adopted
27.102	Parties to a Violation
27.103	Attempt
Subchapter II – Noise
27.201	Regulation of Noise
27.202	Loudspeakers
Subchapter III – Public Places, Events, and Property
27.301	Intoxicants in Public
27.302	Damage to Public Property
27.303	Trespassing on Public Property
27.304	Conduct at Public Events
27.305	Ticket Scalping (Repealed GO 37-03)
27.306	Carry-Ins at Foxmoore Stadium
27.307	Animals Prohibited at Certain Events
27.308	Advertising in Poles and Trees
27.309	Merchandise in Streets
Subchapter IV – Juveniles
27.401	Curfew
27.402	Truancy
27.403	Harboring Minors
27.404	Removal of Locks from Appliances
27.254.52	Possession of Tobacco by Person under 18
Subchapter V – Alarm Systems
27.501	Alarm Systems (Rep. & Rec. GO 44-03)
27.502	Firearms Dealers
Subchapter VI – Miscellaneous
27.601	Prowling
27.602	Loitering
27.603	Weapons
27.604	Misuse of 911
27.605	Fraudulent Return of Merchandise
27.606	Tobacco on School Grounds
27.607	Lost and Found Property
27.608	Destruction of Birds and Squirrels
27.609	Animal Trespassing
27.610	Beekeeping
27.611	Water Use Restrictions
27.612	Obstruction of Aisles and Passageways
27.613	Depositing Human Waste
27.620	Sexual Offender Residency Restrictions (Cr. GO 14-07)
Subchapter IX – Penalties
27.901	General Penalties
27.902	Specific Penalties

SUBCHAPTER I

GENERAL PROVISIONS

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27.101 STATE LAWS ADOPTED. The following State Statutes are hereby adopted and incorporated as if fully set forth by reference. The penalty for a violation of these ordinances shall be as set forth in Subchapter IX of this Chapter. Any future amendments, revisions, or modifications of the Statutes incorporated herein are intended to be made part of this Code.

114.09(1)	Reckless Flying
114.095	Dropping Objects Prohibited
134.06	Bonus to Chauffeurs for Purchases Forbidden
134.66	Restrictions on Sale or Gift of Cigarettes or Tobacco Products
167.10	Fireworks Regulated
167.31	Safe Use and Transportation of Firearms and Bows
167.32	Safety at Sporting Events
175.25	Illegal Storage of Junked Vehicles
218.0146	Motor Vehicles
218.0147	Purchase or Lease of Motor Vehicle by Minor
254.76(1)	Causing Fires by Tobacco Smoking
254.92	Purchase or Possession of Cigarettes or Tobacco Products by Person under 18 Prohibited
287.81	Littering
939.05	Parties to Crime
939.22	Words and Phrases Defined
940.19(1)	Battery
940.34	Duty to Aid Victim or Report Crime
940.42	Intimidation of Witnesses
940.44	Intimidation of Victims
941.10	Negligent Handling of Burning Material
941.12	Interfering with Fire Fighting
941.13	False Alarms
941.20	Endangering Safety by Use of Dangerous Weapon
941.23	Carrying Concealed Weapon
941.235	Carrying Firearm in Public Building
941.24	Possession of Switch Blade Knife
941.25	Manufacturer to Register Machine Guns
941.26	Machine Guns and Other Weapons
941.27	Machine Guns
941.28	Possession of Short-Barreled Shotgun or Short-Barreled Rifle
941.29	Possession of Firearm
941.295	Possession of Electric Weapon
941.2965	Restrictions on Use of Facsimile Firearms
941.299	Restrictions on the Use of Laser Pointers
941.31	Possession of Explosives
941.32	Administering Dangerous or Stupefying Drug
941.325	Placing Foreign Objects in Edibles
943.01(1)	Criminal Damage to Property
943.11	Entry into Locked Vehicle
943.12	Possession of Burglarious Tools
943.13	Trespass to Land
943.14	Criminal Trespass to Dwellings
943.15	Entry onto a Construction Site or into a Locked Building
943.20	Theft
943.201	Misappropriation of Personal Identifying Information or Personal Identification Documents
943.21	Fraud on Hotel or Restaurant Keeper or Taxicab Operator
943.215	Absconding without Paying Rent
943.34	Receiving Stolen Property
943.37	Alteration of Property Identification Marks
943.38	Forgery
943.41	Financial Transaction Card Crimes
943.45	Theft of Telecommunications Service
943.455	Theft of Commercial Mobile Service
943.46	Theft of Cable Television Service
943.47	Theft of Satellite Cable Programming
943.50	Retail Theft
943.70	Computer Crimes
944.20	Lewd and Lascivious Behavior
944.30	Prostitution
944.31	Patronizing Prostitutes
944.32	Soliciting Prostitutes
944.33	Pandering
944.34	Keeping Place of Prostitution
945.01	Definitions
945.02	Gambling
945.03	Commercial Gambling
945.04	Permitting Premises to be Used for Commercial Gambling
946.31	Perjury
946.32	False Swearing
946.40	Refusing to Aid Officer
946.41	Resisting or Obstructing Officer
946.65	Obstructing Justice
946.66	False Complaints of Police Misconduct
946.70	Impersonating Peace Officers
946.72	Tampering with Public Records and Notices
947.01	Disorderly Conduct
947.012	Unlawful Use of Telephone
947.0125	Unlawful Use of Computerized Communication Systems
947.013	Harassment
947.06	Unlawful Assemblies
948.61	Dangerous Weapons on School Premises
951.01	Definitions
951.015	Construction and Application
951.02	Mistreating Animals
951.03	Dognapping and Catnapping
951.04	Leading Animal from Motor Vehicle
951.05	Transportation of Animals
951.06	Use of Poisonous and Controlled Substances
951.07	Use of Certain Devices Prohibited
951.08	Instigating Fights Between Animals
951.09	Shooting at Caged or Staked Animals
951.095	Harassment of Police and Fire Animals
951.10	Sale of Baby Rabbits, Chicks, and Other Fowl
951.11	Artificially Colored Animals/Sale
951.13	Providing Proper Food and Drink to Confined Animals
951.14	Providing Proper Shelter
951.15	Abandoning Animals
961.41(3g)(e)	Prohibited Acts - Possession
961.573	Possession of Drug Paraphernalia

27.102 PARTIES TO A VIOLATION. Whoever is concerned in the commission of a violation of this chapter is a principal and may be charged with and convicted of the violation although the person did not directly commit it and although the person who directly committed it has not been convicted of the violation. A person is concerned in the commission of the violation if the person directly commits the violation, intentionally aids or abets the commission of it, is a party to a conspiracy with another to commit it, or advises, hires, counsels, or otherwise procures another to commit it.

27.103 ATTEMPT. Whoever attempts to commit a violation of this chapter may be charged with and convicted of the violation. An attempt to commit a violation of this chapter requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such violation and that the actor does acts toward the commission of the violation which demonstrate unequivocally, under all the circumstances, that the actor formed that intent and would commit the violation except for the intervention of another person or some extraneous factor.

SUBCHAPTER II

NOISE

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27.201 REGULATION OF NOISE.

DEFINITIONS.
1. ANSI Definitions Adopted. All acoustical terminology shall be that contained in ANSI (American National Standards Institute or its successor bodies) S1.1, "Acoustical Terminology."
2. Daytime Hours. The hours between 7:00 A.M. and 10 P.M.
3. Light Motor Vehicle. Any automobile, van, motorcycle, motor driven cycle, motor scooter, or light truck with a gross vehicular weight of less than eight thousand (8,000) pounds.
4. Nighttime Hours. The hours between 10:00 P.M. and 7:00 A.M.
5. Person. Any person, firm, association, co-partnership, joint venture, corporation, or any entity public or private in nature.
6. Real Property Boundary. An imaginary line along the ground surface and its vertical extension which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.
7. Zones. The following zones as defined in Ch. 13, Fox City Municipal Code, are included in the zone categories.
8. 1. Residential. First Residence, Second Residence, Residential Park, High Density, First Residence and Second Residence Off-Street Parking. Parks, school facilities, governmental office buildings, and publicly-owned conservancies are included in this category.
  2. Commercial. Neighborhood Business, Suburban, First and Second Business, Community Center Business, and Highway Business.
  3. Industrial. Industrial A, B, and C and Industrial Park.
  4. Miscellaneous. Educational District is an overlay district, and noise regulation will be according to the underlying zones. Conservancy zones that are not publicly owned shall be regulated according to the adjacent zone. If the neighboring zones are different, they shall be extended to the center of the conservancy for the purposes of this section.
LIMITATIONS.

Maximum Levels within Zones. No person shall operate or cause to be operated on private or public property any source of sound in such a manner as to create a sound level which exceeds the limits set for the zone categories in Tables I and II.

TABLE I
Maximum Permissible Sound Pressure – Daytime Hours

Octave Band
Center	Residential	Commercial	Industrial
Frequency (Hz)
31.5	70	80	86
63	69	79	85
125	64	73	80
250	58	65	75
500	52	59	69
1000	47	53	63
2000	42	47	58
4000	38	42	54
8000	35	40	51
A-Scale Levels	57 dB(A)	63 dB(A)	72 dB(A)
(Levels in Decibels re .0002 Microbars)

TABLE II
Maximum Permissible Sound Pressure – Nighttime Hours

Octave Band
Center	Residential	Commercial	Industrial
Frequency (Hz)
31.5	69	72	81
63	68	71	80
125	62	66	75
250	54	60	70
500	48	54	64
1000	42	49	58
2000	36	44	53
4000	31	40	49
8000	29	37	46
A-Scale Levels	52 dB(A)	58 dB(A)	67 dB(A)
(Levels in Decibels re .0002 Microbars)

Maximum Levels Between Zones. No person shall operate or cause to be operated on private or public property any source of sound from an industrial zone into a residential zone or commercial zone, or from a commercial zone into a residential zone that exceeds the limits set forth in Tables III and IV.

TABLE III
Maximum Permissible Sound Pressure – Daytime Hours
Octave Band	Industrial	Industrial	Commercial
Center	into	into	into
Frequency (Hz)	Commercial	Residential	Residential
31.5	80	79	75
63	79	78	74
125	74	73	69
250	69	67	64
500	63	61	58
1000	57	55	52
2000	52	50	47
4000	48	46	43
8000	45	43	40
A-Scale Levels	66 dB(A)	64 dB(A)	61 dB(A)
(Levels in Decibels re .0002 Microbars)

TABLE IV
Maximum Permissible Sound Pressure – Nighttime Hours
Octave Band	Industrial	Industrial	Commercial
Center	into	into	into
Frequency (Hz)	Commercial	Residential	Residential
31.5	75	74	72
63	74	73	71
125	69	68	65
250	64	63	57
500	58	57	51
1000	52	51	45
2000	47	46	39
4000	43	42	34
8000	40	39	32
A-Scale Levels	61 dB(A)	60 dB(A)	55 dB(A)
(Levels in Decibels re .0002 Microbars)

LIGHT MOTOR VEHICLE LIMITATION.
1. 80 dBa Noise Limit. It shall be unlawful for any person to cause noise levels from the operation of a light motor vehicle in excess of 80 dB(A) at any location within the corporate limits of the Fox City. Measurement can be made at any distance greater than or equal to 15 feet from the closest approach to the vehicle.
BLOWING OF STEAM WHISTLES.
1. Locomotives. No railroad engineer, railroad employee, or other person in charge of any locomotive shall blow or cause to be blown any steam whistle or other warning device on such locomotive in the City except in case of imminent danger to life and property.
2. Boats. No captain, mate, or other person having charge of, or who may for any purpose be on board any steamboat, propeller, tugboat, ferry boat, or other steam vessel or craft shall operate or blow the whistle of such steamboat, vessel, or other craft while the same is lying at or tied to any of the docks in either the Fox or East Rivers within the City.
ELECTRIC SOUND AMPLIFICATION. During nighttime hours, no person may operate a radio, jukebox, or other electric sound amplification device emitting sound from any industrial or commercial zone or commercial premises that is audible in a residential zone under normal conditions from a distance of 75 feet or more beyond the lot line of the property which emits the sound.
MEASUREMENT. When required pursuant to his ordinance, measurement of sound pressure shall be made either with a sound level meter that meets or exceeds the ANSI requirements of the American Standard Specification for Sound Level Meters, Type I or Type II (ANSI S1.4 - 1971) or with an Octave Band Analyzer that meets or exceeds the requirements of ANSI (S1.6 - 1960) or any subsequent nationally adopted standards superseding the above standards. In both cases, the instruments should be maintained in calibration and good working order and operated in accordance with the manufacturer’s instructions.
EXEMPTIONS. The following activities shall be exempt from the regulations of this section, provided reasonable steps are taken to minimize the noise emitted.
1. Construction Sites, Public Utility Projects, Public Works. The daytime criteria, as set forth in (2), shall not apply to construction sites, public utilities, and public works projects and operations during daytime hours Monday through Saturday, however, the noise shall be minimized through proper equipment operations and maintenance. The nighttime criteria, as set forth in (2), shall not apply to Department of Public Works - Operation Division personnel engaged in the collection of solid waste during nighttime hours Monday through Friday. Stationary equipment on construction projects lasting more than 10 days within residential districts shall be shielded or located to prevent unnecessary noise.
2. Emergency Operations. Emergency short-term operations necessary to protect the health and welfare of the citizens.
3. Noises Required By Law. Any noise required specifically by law for the protection, health, welfare, or safety of people or property.
4. Power Equipment. Power equipment during daytime hours such as lawn mowers, small lawn and garden tools, and riding tractors necessary for the maintenance of property, kept in good repair and maintenance, which, when new, would not comply with the standards set forth in this section.
5. Snow Removal Equipment. The use of snow removal equipment to remove snow from a path of travel.
6. Residential Air Conditioners. Noise emitted by residential air conditioners in good working order.
7. Airplanes. Aircraft operations which are controlled specifically by federal law.
8. Bells, Chimes. Bells, chimes, and similar devices which signal the time of day and operate during the daytime hours for a duration of no longer than 15 minutes in any given hour during daytime hours.
9. Warning Device. Any device being used to request assistance or warn against an unsafe condition.
VARIANCES.
1. Special Variance Permits.
2. 1. General. A special variance permit may be issued for an event or circumstance of limited duration, including, but not limited to, special community events.
  2. Application. Any person seeking a special variance permit pursuant to this section shall file an application with the Chief of Police, or his or her designee, 30 days prior to the commencement of the event or activity for which the variance permit is requested. The Chief may waive the time limit when compliance therewith is impractical. The application for a special variance permit must be made in writing and shall contain all information deemed necessary by the Chief. A special variance permit may be granted when the Chief finds that the variance promotes a public interest and results in minimal harm to the public health, safety and welfare.
  3. Issuance. Special variance permits shall be granted by notice to the applicant containing all necessary conditions, including a time limit on the permitted activity. The special variance permit shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of these special variance permits shall terminate it and subject the person holding it to those provisions of this section regulating the source of sound or activity for which the special variance is granted.
  4. Extension or modification. Application for extension of time limits specified in special variance permits or for modification of other substantial conditions shall be treated like applications for initial special variances.
3. Conditional Variances.
4. 1. General. Conditional variances may be issued for ongoing or recurring sources of sound which do not comply with the standards of this ordinance for technical or economic reasons.
  2. Application. The Protection and Welfare Committee, subject to the approval of the Common Council, may grant conditional variances if it finds that the variance promotes a public interest and results in minimal harm to the public health, safety and welfare. The application shall be made in writing to the City Clerk not less than 30 days prior to commencement of sound producing operations.
  3. Hearing. The application shall be publicly heard before the Protection and Welfare Committee. The applicant may be required to submit such additional information as the Committee reasonably requires.
  4. Issuance. Conditional variances shall not be issued until the applicant has agreed to the conditions therein. Noncompliance with any condition of a conditional variance shall terminate it and subject the person holding it to those provisions of this section regulating the source of sound or activity. The Committee may require the applicant to post a performance bond prior to issuing the variance.
  5. Extension or modification. Application for extension of time limits specified in special variance permits or for modification of other substantial conditions shall be treated like applications for initial special variances.
5. Appeal. An appeal from a decision regarding a variance request may be taken to a court of competent jurisdiction.

27.202 LOUDSPEAKERS.

USE ON STREETS. No person shall use any loudspeaker on the streets of the City except under permit granted by the Police Chief.
PERMITS. The Police Chief shall not grant a permit to use a loud speaker before 9:00 A.M. or after 9:00 P.M. or to operate such loud speaker in the vicinity of hospitals, churches while services are being conducted, or schools which are in session. The Police Chief may order a reduction in the volume of such loud speaker on complaint being made by a citizen or when such loud speaker is a nuisance because of the volume, the method in which it is being used, or the location in which it is being operated.

SUBCHAPTER III

PUBLIC PLACES, EVENTS, AND PROPERTY

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27.301 INTOXICANTS IN PUBLIC. (Amd. GO 14-05)

PROHIBITION. No person shall consume or possess any open or unsealed container containing an alcoholic beverage on any public way, in any parking lot held out for public use, or on or within the premises of a public place, or on or in any motor vehicle on a public way or in parking lot held out for public use, unless such person is on the premises of an establishment holding a valid license for the on premises consumption of alcoholic beverages.
PUBLIC PLACE DEFINED. "Public Place" means any location frequented by the public, where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. "Public Place" includes, but is not limited to, business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, nightclubs, country clubs, and adult cabarets. Premises used solely as a private residence, whether permanent or temporary in nature, are not deemed to be a public place. "Public Place" does not include enclosed motel and hotel rooms designed and intended for sleeping accommodations.
EXEMPTIONS. Subsection (1) does not apply to:
1. Foxmoore Stadium parking lot or adjoining sidewalks during sporting events.
2. Special events approved by the City.
3. A waiver granted by the Chief of Police.

27.302 DAMAGE TO PUBLIC PROPERTY. No person shall injure, deface, or remove any sign, guide board, signal, flare, red light, or marker placed for the warning, instruction, or information of the public.

27.303 TRESPASSING ON PUBLIC PROPERTY. Except where expressly permitted, no person shall trespass upon public property.

27.304 CONDUCT AT PUBLIC EVENTS.

PUBLIC EVENT DEFINED. "Public event" includes, without limitation by enumeration herein, a live theater performance or cinema film show, circus, church festival, antique show, athletic contest, automobile show, rock concert, or like public gathering to which the general public is admitted, whether free, by admission fee, or by invitation.
DISORDERLY CONDUCT. No person shall engage in disorderly conduct, as defined in Sec. Wis. Stats., at a public event.
THROWING OBJECTS. No person shall throw any object, thing, or article at any person or onto a stage, playing field, or the area where a public event is being conducted.
ENTERING PLAYING FIELD. No person shall run, jump, or go onto a stage, playing field, storage or work area, or the area upon or in which the players or actors are engaged as participants while a public event is underway, and for a period of 90 minutes after the conclusion of a public event when it is held at Foxmoore Stadium.
SMOKING. No person shall light, ignite, burn, or smoke cigars, cigarettes, or pipes at a public event in an area where signs prohibiting smoking have been posted.
OBSTRUCTING EXITS. No person shall obstruct or block an aisle or properly marked exit, or occupy or obstruct the seat of another at a public event.
REFUSAL TO OBEY. No person shall refuse or fail to leave an area where a public event is being conducted when directed to do so by the management of the event or an authorized representative.
ENTRY WITHOUT FEE. No person shall gain entrance to a public event for which a fee is charged without having paid such fee unless permitted to do so by the person in charge of the event or an authorized representative.
CONDUCT IN PARKING LOTS. The following provisions shall apply within the parking lots that serve workers, participants, spectators, or visitors of public events.
1. Harmful Conduct. No person shall engage in conduct which reasonably may be anticipated to create the risk of bodily harm to any other person or damage to property, or engage in conduct prohibited by subsections (2) and (7).
2. Fires. No person shall build or maintain a fire in any place other than a receptacle designed or manufactured to contain fire and which raises the fire sufficiently off the ground to prevent damage to the ground surface, flora, or fauna, fail to supervise the fire at all times it is live, or fail to extinguish a fire when it is no longer in use or dispose of the residue in a safe manner.
3. Compliance with Attendants. All persons operating motor vehicles shall operate and park such motor vehicles as directed by the parking lot attendants. No person shall interfere with or in any manner hinder any parking attendant.
4. Reasonable and Prudent Speed. No person shall operate a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazard then existing or in a manner which endangers the safety of any person or property;
5. Interference with Traffic Control. No person, except authorized parking attendants or City personnel, shall move, remove, or relocate any barriers, posts, standards, signs, or devices installed or erected for the regulation of traffic, including pedestrian walks and service lanes.
6. License Required. No person shall operate a motor vehicle unless such person holds a valid operator's license in compliance with Ch. 343, Wisconsin Statutes, and the vehicle in question is registered in compliance with Ch. 341, Wisconsin Statutes.
7. Certain Vehicles Prohibited. No person shall operate a motor go-cart or minibike on any parking lot or pedestrian walk of any stadium or building used for a public event.
8. Exception. These sections shall not apply to emergency or maintenance vehicles or those vehicles used in the operations of public events.

27.305 TICKET SCALPING. (Rep. GO 27-03)

27.306 CARRY-INS AT Foxmoore Stadium.

PROHIBITED. No person shall bring any bottle or can containing an alcoholic or carbonated beverage into any part of Foxmoore Stadium open to the public. Ice chests, "coolers", or "jugs" are also prohibited. No penalty shall be imposed if a person voluntarily surrenders a container before attempting to enter.
EXCEPTION. This section shall not apply to the suppliers of any person holding a concession contract with the City, provided all beverages sold by the concessionaire shall be dispensed to the buyer in paper, cardboard, or plastic containers.

27.307 ANIMALS PROHIBITED AT CERTAIN EVENTS.

PROHIBITION. No person may bring an animal into an area where an event listed in subsection is being conducted without written permission of the management of the event or an authorized representative thereof.
EVENTS. The prohibition in subsection (1) shall apply at the following events:
1. Celebrate Americafest and Artstreet. For these events, the event area shall be bounded by Broadway on the west, Walnut Street on the south, Madison Street on the east and the East River and Mather Street on the north.
2. Foxmoore Stadium. Any event open to the public held at Foxmoore Stadium. For these events, the event area shall include the parking lot only at times when the lot is open for parking for an event in Foxmoore Stadium.
EXCEPTIONS. This prohibition shall not apply to police animals in the course of their official police duties or a dog for the blind, deaf, or mobility-impaired meeting the requirements of Sec. 174.056, Wis. Stats.

27.308 ADVERTISING ON POLES AND TREES. No person shall post or fasten on any telegraph, telephone, or electric light pole within the City or upon any tree within any street or public ground in the City any bill, sign, notice, or advertising device. Permission to any person to erect and maintain poles shall not be construed to grant the right to use or rent such poles for advertising purposes.

27.309 MERCHANDISE IN STREETS. (Amd. GO 23-03) No person shall place any goods, wares, or merchandise or the containers therefor in, on, or above any street or sidewalk in the City without first having received permission from the Council. Such permission shall only be granted upon the filing of a certificate of insurance and indemnification meeting the requirements set by resolution of the Common Council with the City Risk Manager.

SUBCHAPTER IV

JUVENILES

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27.401 CURFEW.

PROHIBITION. No person under the age of 17 shall loiter, idle, or remain upon the public streets, highways, roads, alleys, parks, vacant lots, or any public lands, either on foot or in any vehicle driven or parked thereon, between the hours of 10:00 P.M. and 6:00 A.M., unless accompanied by his or her parent, guardian, or other adult person having his or her custody, as the term "custody" is defined in §895.035, Wis. Stats.
CONTRIBUTING TO VIOLATION. (Rep. & Rec. GO 30-05)
1. Parent or Guardian. No parent, guardian, or other person having custody of a child under the age of 17 years may knowingly permit or fail to take action to prevent a violation of subsection (1). "Custody" in this section has the same meaning as §895.035, Wis. Stats.
2. Other Person. No person 17 years of age or older may knowingly permit or fail to take action to prevent a violation of subsection (1) on premises owned or controlled by such person or in a vehicle owned, controlled, or operated by such person.

27.402 TRUANCY.

DEFINITIONS.
1. Habitual Truant. A pupil who is absent from school without an acceptable excuse under Sections or 118.16(4), Wis. Stats., for part or all of five or more days on which school is held during a school semester.
2. Truant. A pupil who is absent from school without an acceptable excuse under Sections 118.15 or 118.16(4), Wis. Stats., for part or all of any day on which school is held during a school semester.
HABITUAL TRUANCY. No child shall be a habitual truant.
CONTRIBUTING TO TRUANCY. No person 18 years of age or older may, by any act or omission, knowingly encourage or contribute to the truancy of a child. An act or omission contributes to the truancy of a child, whether or not the child 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 child to be truant.
TRUANT. Any child found by the courts to be truant shall be subject to a forfeiture of not more than $50 plus costs for a 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. Any child not in attendance at school, at the child's place of residence, or accompanied by a parent or legal guardian on a day on which school is held during a school semester and during the hours when that child is required to be in attendance at school shall be presumed truant. The child shall have the burden to present the court with evidence sufficient to rebut this presumption.
PARENTAL LIABILITY. All or part of any forfeiture or costs assessed by a court under this section may be assessed against the child, the parents or guardian of the child, or both.
AVAILABLE DISPOSITIONS. (Cr. GO 46-07)
1. Habitual Truancy Violations. For a violation of subsection (2) above, all dispositions listed in Sections 118.163(2)(a) – (L), Wis. Stats., shall be available to the Municipal Court.
2. Truancy Violations. For a violation of subsection (4) above, all dispositions listed in Sections 118.163(1m)(a) – (c). Wis. Stats., shall be available to the Municipal Court.

27.403 HARBORING MINORS. No owner, tenant, or person in control of a residence or other facility shall allow or permit a child under the age of 18 to loiter, idle, or remain in said residence or upon said property without the consent of the child's parent, guardian, or spouse.

27.404 REMOVAL OF LOCKS FROM APPLIANCES. No person shall leave outside of any building or dwelling, in a place accessible to children, any abandoned, unattended, or discarded appliance or any other container of any kind which has an air-tight door, air-tight snap-lock, or other device thereon which cannot be released from the inside of such appliance or container without first removing the snap-lock or door.

SUBCHAPTER V

ALARM SYSTEMS

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27.501 ALARM SYSTEMS. (Rep. & Rec. GO 29-05)

PURPOSE. The primary purpose of this section is to reduce the incidence of false alarms by eliminating those which are preventable or avoidable. It is also meant to encourage the installation of reliable alarm systems in all structures within the City to provide additional protection to persons and property from fire, crime, and such other hazards as may constitute a danger to persons and/or property.
DEFINITIONS.
1. Alarm Business means any person, firm, partnership, or corporation which alters, installs, leases, maintains, monitors, replaces, sells, services, or responds to an alarm system or which causes any of these activities to take place.
2. Alarm System means a device or system that emits, transmits, or relays a remote or local audible, visual, or electronic signal indicating an alarm condition and intended to or reasonably expected to summon police or fire services. Alarm system does not include an alarm installed on a vehicle or an alarm designed to alert only the inhabitants of a premises that does not emit a signal that is audible or visible from the exterior of the structure.
3. Fire Alarm System means a system or portion of a combination system consisting of components and circuits arranged to monitor and/or exterior annunciate the status of a fire alarm or supervisory signal-initiating devices and to initiate the appropriate response to those signals.
4. Alarm User means any person, firm, partnership, or corporation on whose premises an alarm system is maintained.
5. Hold-Up Alarm means an alarm system in which the signal transmission is initiated by the action of a robber or employee of the protected premises.
6. False Alarm means an alarm signal resulting in a response by police and/or fire services during which no evidence of an alarm condition is located.
ALARM BUSINESS PERMIT.
1. Requirement. No person shall operate an alarm business in the Fox City without first obtaining an alarm business permit.
2. Application. A person desiring to secure a permit shall make application to the City Clerk and shall furnish all information deemed necessary by the Clerk under oath and present a valid form of government issued identification bearing the applicant’s photograph.
3. Fee and Duration. An alarm business permit shall be valid through December 31 of the year of its issuance, unless sooner revoked. The fee shall be $50.
4. Procedure for Granting. The Police Department shall review completed applications. If the Police Department determines that any portion of the application is false or that the applicant has been convicted of a violation of an ordinance or law that substantially relates to the licensed activity, the application may be denied by the Police Department. If the Police Department approves the issuance of the permit, the City Clerk may grant the permit without further review. Any applicant whose application has been denied by the Police Department may appeal such determination to the Protection and Welfare Committee, subject to final disposition by the Common Council. Appeal from a decision of the Common Council shall be to the Circuit Court for Foxmoore County.
ALARM USER PERMIT.
1. Requirement. Alarm users shall obtain a permit for the alarm system on the user’s premises. The fire alarm permit shall be displayed at the main fire alarm control panel.
2. Application. A person desiring to secure a permit for hold up and other burglar alarm systems shall make application to the Police Department and shall furnish all information deemed necessary. A person desiring to secure a permit for a fire alarm system shall make application to the Fire Department and shall furnish all information deemed necessary by the Fire Chief. In addition to the alarm user’s information, each alarm user shall provide the name, address, and contact information for two additional persons who can be reached at any time and who are authorized by the alarm user to respond to an alarm signal and who can open the premises in which the system is installed and deactivate or reset the alarm system.
3. Fee and Duration. An alarm user permit shall be valid through December 31 of the year of its issuance, unless sooner revoked. The fee shall be $25 for the first year and $15 per year thereafter.
4. Procedure for Granting. The Police Department may grant the permit upon the filing of a completed application and payment of the appropriate fee.
FALSE ALARMS.
1. Hold-Up Alarms.
2. 1. Premises Holding a Permit. After the Police Department has recorded one false hold-up alarm in any calendar year, the permittee shall be assessed a fee of $100 for the second false hold-up alarm, $200 for the third false hold-up alarm, and $300 for the fourth and subsequent false hold-up alarms in a calendar year.
  2. Premises without a Permit. The alarm user shall be assessed a fee of $100 for the first false hold-up alarm, $200 for the second false hold-up alarm, and $300 for the third and subsequent false hold-up alarms in a calendar year.
3. Other Alarm Systems.
4. 1. Premises Holding a Permit. After the Police Department or Fire Department has recorded one false alarm in any calendar year, the permittee may be assessed a fee of $50 for the second false alarm, $75 for the third false alarm, $125 for the fourth false alarm, and $175 for the fifth and subsequent false alarms in a calendar year.
  2. Premises without a Permit. The alarm user may be assessed a fee of $50 for the first false alarm, $75 for the second false alarm, $125 for the third false alarm, and $175 for the fourth and subsequent false alarms in a calendar year.
5. Fee Payment. False alarm fees shall paid to the City Treasurer. Fees unpaid within 60 days of billing shall be collected as a special charge pursuant to Sec. 66.0627, Wis. Stats.
SIGNAL TIME LIMIT. Any alarm system that, when activated, causes an audible or visual signal externally of the premises shall signal for a maximum of 30 minutes; after which time the system shall cease all signals, resetting itself for any new activation.

27.502 FIREARMS DEALERS.

PURPOSE. The primary purpose of this section is to require businesses which deal in the sale of firearms to install reliable emergency alarm systems in order to provide additional protection from burglary or robbery of large quantities of guns in stock, which is turn adds to the safety and protection of the citizens of the Fox City.
DEFINITIONS.
1. Firearms Dealer. Any person engaged in the business of selling firearms at wholesale or retail and having a license as a dealer issued by the U. S. Department of Treasury; but such term shall not include a pawn broker or a gunsmith who is engaged in the business of repairing firearms or of making or fitting special barrels, stocks, or trigger mechanisms to the firearms.
2. Engaged in the Business. A person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms; but such phrase shall not include a person who makes occasional sales, exchanges, or purchases firearms for the enhancement of a personal collection or for a hobby.
3. Alarm system, burglar-alarm system, hold-up alarm system, alarm user, answering service, and automatic-dialing device. See Sec. 27.501(2), Fox City Municipal Code.
REQUIREMENT.
1. A firearm dealer shall install and maintain a burglar and hold-up alarm system in any structure within the City in which guns are displayed, stored, or kept. The alarm system must, either by answering service or automatic-dialing device, immediately notify or signal the Fox City Police Department of an emergency situation that the alarm system is designed to detect.
2. Nothing in this ordinance shall be construed to limit the alarm user from complying with the provisions of Sec. 27.501, Fox City Municipal Code.

SUBCHAPTER VI

MISCELLANEOUS

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27.601 PROWLING. 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/herself, or manifestly endeavors to conceal himself/herself 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 section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting said person to identify himself/herself and explain said person's 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.

27.602 LOITERING.

CONTRARY TO SIGN. No person shall loaf or loiter in a public or private place conspicuously posted “No Loitering.”
OBSTRUCTION OF TRAFFIC. No person shall loaf or loiter upon a public street, alley, sidewalk, street crossing, bridge, or in any other public place within the City in such a manner as to prevent, interfere with, or obstruct the ordinary free use of such place by persons passing along and over the same.
REQUEST TO MOVE. (Rep. & Rec. GO 9-06) No person shall loaf or loiter individually or in groups or crowds in or upon public or private premises 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 after being requested to move by any police officer or by any person in authority at such place.

27.603 WEAPONS.

FIREARMS.
1. Discharge Prohibited. No person shall discharge a firearm in the City.
2. Exceptions. A firearm may be discharged under the following conditions:
3. 1. In the confines of a licensed shooting gallery or sportsmen club.
  2. By peace officers of the United States, Wisconsin, or subdivision thereof while in the discharge of the proper exercise of their duties and within their proper jurisdictions.
  3. For the purpose of the elimination of animals, as authorized by the Department of Natural Resources and the Fox City Police Department, and such decision may be appealed to the Protection and Welfare Committee.
  4. Within an entirely enclosed structure under such circumstances that the instrument can be fired in such a manner as to not endanger any persons or property and as to prevent the projectile from leaving the structure.
  5. (Cr. GO 7-08) Pursuant to action validly taken in self-defense.
  6. Migratory bird hunting in the West Bay Shore area north of the Ken Euers trail between half-way slough and the extension of Military Avenue, specifically displayed in the shaded area of the following map. Any discharge of a firearm in this area shall be directed over or into the waters of Fox City and the weapon and ammunition used shall comply with all regulations pertaining to the hunting of migratory birds.
MIGRATORY BIRD HUNTING AREA

SECTION 27.603(1)(b)5, FOX CITY MUNICIPAL CODE
BOW AND CROSSBOW.
1. Use and Discharge Prohibited. No person shall use or discharge an arrow from a bow or a bolt from a crossbow in the City.
2. Exceptions. A bow and arrow or crossbow may be used under the following conditions:
3. 1. As part of a supervised activity sponsored by a public or private institution of learning duly licensed by the State of Wisconsin.
  2. At a licensed sportsmen's club, gallery, or range.
  3. In conformity with the conditions of subsection (1)(b)3, (1)(b)4, or (1)(b)5.
POSSESSION OF DANGEROUS OR DEADLY WEAPONS.
1. Generally Prohibited. Except as reasonably necessary to fulfill the exceptions provided elsewhere in this ordinance, no person shall carry or transport any bow or crossbow, or conceal about the person or display in a threatening manner any dangerous or deadly weapon including, but not limited by enumeration to, martial arts weapons such as throwing stars, swords, or nunchiku; slingshots; knuckles of lead, brass, or other metals; or a bowie knife, bow, or crossbow; pistol, revolver, rifle, or shotgun.
2. Exceptions. The prohibitions of subsection (3)(a) will not be construed to prevent the carrying of any type of weapon when it is unloaded and properly cased, boxed, packaged, or otherwise unavailable for immediate use or transported in conformity with Sec. 167.31, Wis. Stats., or the display and sale of such weapon by a licensed retailer; or when such weapon is possessed in strict conformity with Sec. 29.304, Wis. Stats., nor shall any of these prohibitions forbid any peace officer of the United States, Wisconsin, or subdivision thereof from carrying, wearing, or using such weapons as shall be necessary in the property exercise of their duties.
SEVERABILITY. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

27.604 MISUSE OF 911. No person shall dial the telephone number “911” knowing that no emergency in fact exists. No person shall dial the telephone number “911” and report a fact situation that he or she knows does not exist. For the purposes of this section, “emergency” shall mean a situation in which property or human life are in jeopardy and the prompt summoning of aid is essential.

27.605 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 falsely represents that such person purchased the merchandise, falsely represents the place of purchase of the merchandise, falsely represents the purchase price of the merchandise, or provides the merchant a false name or address.

27.606 TOBACCO ON SCHOOL GROUNDS. No person may use any tobacco product in buildings owned, rented by, or under the control of the Fox City School Board, except that the School Board may allow the use of tobacco products in buildings owned by the School District and rented to another person for non-educational purposes.