Municipal Code of the Village of Mukwonago
Waukesha and Walworth Counties
Chapter 54
OFFENSES AND MISCELLANEOUS PROVISIONS*
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* Cross References: Alcohol beverages, ch. 6; amusements and entertainments, ch. 10; animals, ch. 14; restrictions on the sale or gift of cigarettes, § 22-59; court, ch. 26; nuisances, § 34-26 et seq.; fireworks, § 38-26 et seq.; upon request, civilians to assist police, § 46-2; alcoholic beverages prohibited in parks, § 58-33; traffic and vehicles, ch. 82.
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Article I. In General
Sec. 54-1. Adoption of state criminal code by reference.
Sec. 54-2. Penalty for violation of chapter.
Sec. 54-3. Intoxicating liquor not to be sold or consumed on streets.
Secs. 54-4--54-25. Reserved.
Article II. Offenses Against Public Peace
Sec. 54-26. Loitering or prowling.
Sec. 54-27. Loitering in school and playground area.
Secs. 54-28--54-50. Reserved.
Article III. Offenses Against Public Health and Safety
Sec. 54-51. Discharging and carrying firearms and guns.
Sec. 54-52. Endangering safety by use of dangerous weapon.
Sec. 54-53. Throwing or shooting of arrows, stones and other missiles.
Secs. 54-54--54-75. Reserved.
Article IV. Offenses Against Public and Private Property
Sec. 54-76. Destruction of property.
Sec. 54-78. Receiving property from children.
Secs. 54-79--54-100. Reserved.
Article V. Minors
Sec. 54-101. Possession of dangerous weapon by minor.
Sec. 54-103. Purchase or possession of tobacco products.
Sec. 54-104. Alternative juvenile dispositions and sanctions.
Sec. 54-105. Possession of spray paint by minors prohibited.
ARTICLE I.
IN GENERAL
Sec. 54-1. Adoption of state criminal code by reference.
(a) Nonfelony offenses and violations of the state criminal code, as subsequently amended, excluding the punishments for such violations, are adopted by reference as if fully set out in this section.
(b) Violations of the statutes of the state criminal code occurring in the village shall constitute violations of this section and shall be punished by a forfeiture as provided in section 1-12.
Sec. 54-2. Penalty for violation of chapter.
For a violation of any provision of this chapter, the offender, upon conviction, shall be subject to a penalty as provided in section 1-12.
(Code 1966, § 15.06)
Sec. 54-3. Intoxicating liquor not to be sold or consumed on streets.
(a) No sale. No person shall sell or serve, or offer to sell or serve, any intoxicating liquor or fermented malt beverage upon any public street, alley, sidewalk or public property of the village without a license or permit therefor.
(b) No consumption. No person shall consume any intoxicating liquor or fermented malt beverage upon any public street, alley or sidewalk or public property of the village, except in parks as regulated under chapter 58.
(Code 1966, § 15.03(7))
Cross References: Alcohol beverages, ch. 6.
Secs. 54-4--54-25. Reserved.
ARTICLE II.
OFFENSES AGAINST PUBLIC PEACE*
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* State Law References: Offenses against public peace, order, etc., generally, W.S.A., ch. 947.
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Sec. 54-26. Loitering or 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 claim is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances makes it impracticable, a peace officer shall, prior to any arrest for an offense under this section, afford the actor 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 section if the police officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the police officer at the time, would have dispelled the alarm.
(Code 1966, § 15.03(2))
Sec. 54-27. Loitering in school and playground area.
It shall be unlawful for any person not in official attendance or on official business to enter in, to congregate, loiter, wander, stroll, stand or play in any school building in the village or in or about any playground area adjacent thereto between the hours of 7:00 a.m. and 4:00 p.m. on official school days.
(Code 1966, § 15.03(4)(e))
Secs. 54-28--54-50. Reserved.
ARTICLE III.
OFFENSES AGAINST PUBLIC HEALTH AND SAFETY
Sec. 54-51. Discharging and carrying firearms and guns.
No person, except a sheriff, constable, police officer or their deputies, shall fire or discharge any firearm, rifle, spring or airgun of any description within the village, or have any firearm, rifle, spring or airgun in his possession or under his control, unless it is unloaded and knocked down or enclosed within a carrying case or other suitable container; provided, however, that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the village board, or the firing or discharging of BB guns upon private premises by persons over 16 years of age, or under the direct personal supervision of a parent or guardian. This section shall be deemed to prohibit hunting within the village, provided that the chief of police may issue written permits to owners or occupants of private premises to hunt or shoot on such premises, if he finds such privileges necessary for the protection of life or property, and subject to such safeguards as he may impose for the safety of the lives and property of other persons within the village.
(Code 1966, § 15.01(1))
Sec. 54-52. Endangering safety by use of dangerous weapon.
Whoever does any of the following is guilty of a class A misdemeanor:
(1) Endangers another's safety by the negligent operation or handling of a dangerous weapon;
(2) Operates or goes armed with a firearm while he is under the influence of an intoxicant;
(3) Intentionally points a firearm at or toward another; or
(4) While on the lands of another discharges a firearm within 100 yards of any building devoted to human occupancy situated on and attached to the lands of another without the express permission of the owner or occupant of the building. The word "building," as used in this subsection, includes any house trailer or mobile home, but does not include any tent, bus, truck, vehicle or similar portable unit.
(Code 1966, § 15.01(3))
State Law References: Similar provisions, W.S.A., § 941.20(1).
Sec. 54-53. Throwing or shooting of arrows, stones and other missiles.
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 other person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place in the village.
(Code 1966, § 15.01(2))
Secs. 54-54--54-75. Reserved.
ARTICLE IV.
OFFENSES AGAINST PUBLIC AND PRIVATE PROPERTY
Sec. 54-76. Destruction of property.
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 or its departments or to any private person without the consent of the owner or proper authority.
(Code 1966, § 15.04(1))
Sec. 54-77. Littering.
No person shall throw any glass, rubbish, waste or filth upon the streets, alleys, highways, public parks or other property of the village; upon any private property not owned by him; or upon the surface of any body of water within the village.
(Code 1966, § 15.04(2))
Cross References: Solid waste, ch. 66.
Sec. 54-78. Receiving property from children.
No person shall:
(1) As a dealer in secondhand articles or junk, purchase any personal property except old rags and wastepaper, from any minor without the written consent of the parent or guardian; or
(2) As a pawnbroker or other person who loans money and takes personal property as security therefor, receives personal property as security for a loan from any minor without the written consent of the parent or guardian.
(Code 1966, § 15.04(7))
Secs. 54-79--54-100. Reserved.
ARTICLE V.
MINORS
Sec. 54-101. Possession of dangerous weapon by minor.
(a) All police officers of the village shall take from a minor any dangerous weapon found in his possession in violation of this article.
(b) In this section, the expression "dangerous weapon" means any firearm having a barrel less than 12 inches.
(Code 1966, § 15.02(4)(c), (d))
Sec. 54-102. Loitering.
(a) Prohibited hours. It shall be unlawful for any persons under the age of 18 years to congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots or any public places in the village, either on foot or in or upon any conveyance being driven or parked thereon between the hours of 11:00 p.m. and 5:00 a.m. of the following day unless accompanied by his parent, guardian, or other adult person having the care, custody, or control of such minor.
(b) Responsibility of parents. It shall be unlawful for the parent, guardian, or other adult person having the care and custody of a person under the age of 18 years to suffer or permit or by inefficient control to allow such minor to congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, vacant lots, or any public places in the village between the hours of 11:00 p.m. and 5:00 a.m. of the following day unless accompanied by his parent, guardian, or other adult person having the care, custody, or control of such minor; provided, however, that any parent, guardian, or other adult person described in this section, who shall have made missing person notification to the police department, shall not be considered to be in violation of this section.
(c) Responsibility of operators of places of amusement. It shall be unlawful for any person operating places of amusement or entertainment or any agent, servant, or employee of any such person to permit any person under the age of 18 years to enter or remain in such places of amusement or entertainment between the hours of 11:00 p.m. and 5:00 a.m. unless such minor is accompanied by his parent, guardian, or other adult person having the care, custody, or control of such minor; provided, however, that on Fridays and Saturdays the hours shall be from 12:00 midnight to 5:00 a.m. for any person under the age of 15 years.
(d) Responsibility of hotels, motels and roominghouses. It shall be unlawful for any person operating a hotel, motel, lodginghouse or roominghouse, or the agents, servants or employees of such person, to permit any person under the age of 18 years to visit, loiter, idle, wander, or stroll in any portion of such hotel, motel, lodginghouse or roominghouse between the hours of 10:00 p.m. and 7:00 a.m. of the following day; provided, however, that the provisions of this subsection shall not apply when the minor is accompanied by his parent, guardian, or other adult persons having the care, custody and control of such minor.
(Code 1966, § 15.03(4)(a)--(d))
Sec. 54-103. Purchase or possession of tobacco products.
(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Child means as given in W.S.A., § 48.02(2).
Cigarette means as given in W.S.A., § 139.30(1).
Law enforcement officer means as given in W.S.A., § 30.50(4s).
Tobacco products means as given in W.S.A., § 139.75(12).
(b) Except as provided in W.S.A., § 48.983(3), no child may do any of the following:
(1) Buy or attempt to buy any cigarette or tobacco product;
(2) Falsely represent his age for the purpose of receiving any cigarette or tobacco product; or
(3) Possess any cigarette or tobacco product.
(c) A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of subsection (b) of this section committed in his presence.
(Ord. No. 536, § I, 4-19-94)
Cross References: Cigarettes and tobacco products generally, § 22-56 et seq.
Sec. 54-104. Alternative juvenile dispositions and sanctions.
The municipal court shall have the authority to impose alternative juvenile dispositions and sanctions under the following circumstances:
(1) For a juvenile adjudged to have violated an ordinance, the municipal court is authorized to impose any of the dispositions listed in W.S.A., §§ 938.343 and 938.344, in accordance with the provisions of those statutes.
(2) For a juvenile adjudged to have violated an ordinance who violates a condition of a dispositional order of the court under W.S.A., §§ 938.343 or 938.344, the municipal court is authorized to impose any of the sanctions listed in W.S.A., §§ 938.355(6)(d), in accordance with the provisions of those statutes.
(3) This section is enacted under the authority of W.S.A., § 938.17(2)(cm).
(Ord. No. 582, § I, 8-20-96)
Sec. 54-105. Possession of spray paint by minors prohibited.
(a) Findings.
(1) The village board finds that there is a widespread use of spray paint in the permanent defacement of public and private property within the village, which defacement has become a serious problem; and
(2) The defacement or marring of public and private property has contributed to the blight and degradation of neighborhoods and public places; and
(3) Graffiti is typically applied to such property by means of pressurized spray cans, containing paint, which are widely available to persons of all ages in hardware and department stores, supermarkets, and similar establishments within the village limits; and
(4) The easy application and ready accessibility to spray paint facilitates its use and hinders enforcement agencies from preventing persons from defacing public and private property or apprehending those committing the offensive conduct; and
(5) The cost of removing such graffiti has become an intolerable financial burden to the owners of private property within the village and to public property itself within the village; and
(6) Such graffiti, unless promptly removed, is an eyesore to the community and seriously erodes all efforts to improve the quality of life within the village and surrounding areas; and
(7) A substantial portion of the defacement of public and private property has been caused by minors using spray paint containers obtained both legally and illegally.
(b) Definition. As used in this section, the term "minor" shall mean any person under the age of 17 years.
(c) Prohibited conduct.
(1) No person shall sell or otherwise transfer any spray paint to a minor unless such minor is accompanied by a parent or legal guardian at the time of purchase or transfer.
(2) No minor shall, at the time of purchase of any spray paint container, furnish fraudulent evidence of majority.
(3) No minor shall, except while accompanied by a parent or legal guardian, possess a spray paint container on any public property or any private property except with the express permission of the lawful owner or manager of such private property.
(4) Absent express permission to the contrary by the owner or other person having control thereof, it shall be unlawful for any person to possess a spray paint container, liquid paint in cans or other containers in any public building, or upon any public facility or private property with intent to use the same to deface the building, facility or property.
(d) Penalty. Any person violating any provision of this section shall be fined not less than $25.00 nor more than $500.00 for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(Ord. No. 595, §§ I--IV, 4-15-97)