CHAPTER 9
PUBLIC PEACE AND GOOD ORDER
9.101.22-9.961.576
9.01
9.02
9.03
9.04
9.05
9.06
9.07
9.08
9.09
9.10
9.105
9.11
9.12
9.13A
9.13B
9.14
9.15
9.16
9.17
9.20
9.25
Offenses Against State Laws Subject to Forfeiture
Disturbing the Peace with a Motor Vehicle
Firearms
Throwing or Shooting Missiles and Projectiles
Sale and Discharge of Fireworks Restricted
Loitering Prohibited
Loud and Unnecessary Noise Prohibited
Regulation of Animals
Littering Prohibited
Obedience to Officers
Open Cisterns, Wells, Basements or Other Dangerous
Excavations Prohibited
Fences Around Swimming Pools
Abandoned or Unattended Refrigerators, etc., Prohibited
Burning of Grass and Trash Restricted
Curfew
Truancy
Fair Housing
Parks
Use of Cigarettes and Tobacco Products
Smoking Prohibited
Open Intoxicants Prohibited
Penalties
PUBLIC PEACE AND GOOD ORDER 9.01
9.01 DISTURBING THE PEACE WITH A MOTOR VEHICLE.
(a) No person shall disturb the peace and good order of the Village with a motor vehicle in any manner
which would cause public annoyance or menace the public safety or comfort by excessive or
unusual noises or otherwise disorderly conduct.
(b) The use of compression brakes is prohibited. Except in case of extreme emergency, it shall be
unlawful for any vehicle to make excessive noise by downshifting and releasing the clutch in order
to utilize the vehicle's engine to slow in order to meet proper speed restrictions within the Village.
9.02
FIREARMS
(1) Firearms in Public Buildings
(a) Pursuant to Wis. Stats. § 943.13(1m)(c)4., no person shall enter or remain in any part
of a building owned, occupied or controlled by the State or local governmental unit if
the State or local governmental unit has notified the person not to enter or remain in
the building while carrying a firearm or a specific type of firearm.
(b) The Village Administrator shall cause signs to be erected at all entrances to all
buildings owned, occupied or under the control of the Village of Rio providing notice
that no person is to enter or remain in any such building while carrying a firearm. Such
signs shall be five inches by seven inches or larger.
(c) Nothing in this subsection shall be construed to apply to prohibit a peace officer or
armed forces or military personnel armed in the line of duty or any person duly
authorized by the Chief of Police to possess a firearm in any public building.
Notwithstanding Wis. Stats. § 939.22(22), for purposes of this paragraph, peace
officer does not include a commission warden who is not a State certified commission
warden.
(d) Nothing in this subsection shall be construed to authorize the carrying of any firearm
or dangerous weapon contrary to Wis. Stats. §§ 941.23 or 941.235.”
(2) Firearms
No person, except a sheriff, constable, police officer or their deputies, shall fire or discharge any
firearm, rifle, spring or air gun of any description or have one within his possession or under his
control unless it is unloaded and knocked down or enclosed within a carrying case or other suitable
container, provided that this section shall not prevent the maintenance and use of supervised rifle or
pistol ranges or shooting galleries authorized by the Village Board. This section shall be deemed
to prohibit hunting within the Village.
9.03 THROWING OR SHOOTING MISSILES AND PROJECTILES. 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.
9.04 SALE AND DISCHARGE OF FIREWORKS RESTRICTED. Section 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, except that the issuance of
permits for “illegal fireworks” is prohibited in the Village of Rio.
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PUBLIC PEACE AND GOOD ORDER 9.05
9.05 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, or to prevent or hinder free ingress to or egress from any place of business or
amusement or any church, public hall or meeting place.
9.05
LOITERING PROHIBITED
No person shall sleep, 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 herself or manifestly endeavors to
conceal himself or 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 him or her to identify himself or herself and explain
his or 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 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.
Amended 10/07/2013
9.06 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.
9.07 REGULATION OF ANIMALS.
(a) Animals Prohibited. Except as noted in Section 17.03(8) no person shall keep, maintain or
have in his/her possession any of the following animals:
 farm animals including but not limited to: Horses, cows, sheep, pigs or pot belly pigs,
goats, donkeys, or fowl.
 wild animals including but not limited to: deer, turkeys, bear, wild cats, wolves, or fox.
 exotic animals.
 birds of prey.
 snakes of any kind.
 vicious animals - any animal which attacks another animal or a human being
 without provocation.
(b) Animals not to run at large. Animals permitted in the Village, such as dogs and cats,
shall not be allowed to run at large.
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9.08 LITTERING PROHIBITED.
(a) No person shall throw any glass, refuse, waste, filth or other litter on 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) Pet Litter. It shall be unlawful for any owner, keeper or walker of any pet to permit his
or her pet to discharge such animal's excreta upon any public or private property, other
than on the owner's own property, if such owner, keeper or walker does not immediately
thereafter remove and clean such animal litter from the private or public property. All
such pet owners, keepers or walkers shall, when walking a pet, carry a bag or scoop with
which to remove the litter.
9.09 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.
9.10 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.
PUBLIC PEACE AND GOOD ORDER 9.105
9.105 FENCES AROUND SWIMMING POOLS. (Cr. #69) In-ground swimming pools
and swimming pools having an above-ground sidewall height of 18" or more, either
permanently installed or kept filled for periods of one week or more, shall be fenced as
follows:
(1) The fence shall have a minimum height of four (4) feet above the top of the pool wall.
(2) Fence gates shall be locked or secured to prevent entry when the pool is not in use so as
to prevent uncontrolled access by children to the pool water.
(3) The fence and/or surrounding structures shall enclose the entire pool area.
9.105 REPEALED August 7, 2006
9.11 ABANDONED OR UNATTENDED REFRIGERATORS, ETC., PROHIBITED.
No person shall leave or permit to remain outside of any dwelling, building or other
structure, or within any unoccupied or abandoned building, dwelling or other structure under
his control in a place accessible to children, any abandoned, unattended or discarded ice box,
refrigerator or other container which has 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 is displayed for
sale on the premises of the owner or his agent and is securely locked or fastened.
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PUBLIC PEACE AND GOOD ORDER 9.12
9.12 BURNING REGULATED.
(1) Burning Prohibited. All burning, except as permitted in 9.12(2) and (3) below, is
prohibited. This prohibition shall include but not be limited to: garbage, brush, leaves,
grass clippings and other yard waste, asphalt, rubber, plastic and oily substances.
(2) Grass Fires. Controlled grass fires may be permitted with written permission of the
Director of Public Works or the Fire Chief. Such burning shall be subject to any
conditions for the protection of life and property as imposed by the Fire Chief or by the
Wisconsin Department of Natural Resources.
(3) Campfires.
(a) Campfires are defined as the burning of wood materials for recreational or entertainment
purposes only.
(b) Campfires shall be permitted only during the hours of 12:30 p.m. and 2:30 a.m.
(c) Campfires shall not be kindled in or upon any street, alley, public way, park, public
grounds or fire lane.
(d) All campfires must be at least 15 feet from any building or structure and shall be confined
and contained within an area protected by a barrier of stones or other non-combustible
material which shall be called the "pit."
(e) The interior pit of the campfire shall be no more than three (3) feet in diameter if the
campfire is 15-20 feet from any building or structure. The interior pit may be four (4)
feet in diameter if the campfire is 20 or more feet from any building or structure but shall,
in no case, be more than four (4) feet in diameter. Materials burned in the pit shall be no
longer than the width of the pit.
(f) No campfire shall be left unattended.
(g) Campfires shall not be permitted on commercial or manufacturing property except as
may be allowed for a special occasion and with written permission of the Director of
Public Works or Fire Chief.
9.13A Curfew
(1) No person under the age of 18 16 years shall be abroad, go upon or remain in or upon any of
the streets, alleys or public places in the Village at night, Sunday through Thursday and to
daylight on Friday a.m. after the hour of 10 p.m. unless such person is accompanied by a
parent, guardian or other responsible adult person.
(2) No parent, guardian or other adult person having the legal custody of any person under the
age of 18 16 years shall allow or permit any such child, ward or minor in his custody to go
or be upon any of the streets, alleys or public places in the Village after 10 p.m. unless there
exists a reasonable necessity therefore and unless accompanied by a some responsible adult
person.
(3) On Friday and Saturday nights and on nights when specific church, school or organized
activities are held the curfew hour is 11:30 p.m. and the provisions of sub-sections (1) and
(2) shall apply with full force and effect from and after 11:30 p.m. on such nights.
amended August 6, 2012
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PUBLIC PEACE AND GOOD ORDER 9.13B
9.13B Truancy
(1) Definitions. As used in this section, the following terms shall have the following meanings
as provided in WI Statute 118.163 and 340.01(40) and are incorporated herein as if fully set
forth. Any future amendment of such definitions is hereby adopted and is incorporated
herein as if fully set forth as of the effective date of such amendment.
(a) "Dropout" means a child who ceased to attend school, does not attend a public or private
school, technical college or home-based private educational program on a full-time
basis, has not graduated from high school and does not have an acceptable excuse under
WI Statute 118.15(1)(b) to (d) or (3).
(b) "Habitual Truant" means a pupil who is absent from school without an acceptable
excuse for part of all of five (5) days on which school is held during a semester.
(c) "Truant" means a pupil who is absent from school without an acceptable excuse for part
of all of any day on which school is held.
(d) "Operating privilege" means the license, including every endorsement and authorization
to operate vehicles of specific vehicle classes or types, instruction permit, and
temporary, restricted or occupational license granted to such person.
(2) Habitual Truancy.
(a) No person under the age of 18 years who is subject to school attendance laws shall be
habitually truant is defined in this section.
(b) If the municipal court determines that a person is a habitual truant, the court may order
one or more of the following dispositions.
1. Suspension of the person's operating privilege for not less than 30 days nor more than
one year. The court shall immediately take possession of any suspended license and
forward it to the WI Department of Transportation together with a notice stating the
reason for and the duration of the suspension.
2. An order for the person to participate in counseling or a supervised work program or
other community service work as described in WI Statute 938.34(5g). The costs of
any such counseling, supervised work program or other community work program or
other community service work may be assessed against the person, the parents or
guardian of the person, or both.
3. An order for the person to remain at home except during hours in which the person is
attending religious worship or a school program, including travel time required to get
to and from the school program or place of worship. The order may permit a person
to leave his or her home if the child is accompanied by a parent or guardian.
4. An order for the person to attend an educational program as described in WI Statute
938.34(7d).
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PUBLIC PEACE AND GOOD ORDER 9.13B(2)(b)(5)
5. An order for the WI Department of Workforce Development to revoke, under WI
Statute 103.72, a permit under WI Statute 103.70, authorizing the employment of the
person.
6. An order for the person to be placed in a teen court program as described in WI
Statute 938.342.(1g)(f).
7. An order for the person to attend school.
8. A forfeiture of not more than $500.00 plus costs, subject to WI Statute 938.37. All
or part of the forfeiture plus costs may be assessed against the person, the parents or
guardian of the person, or both.
9. An order placing the person under formal or informal supervision, as described in WI
Statute 938.34(2), for up to one year.
10. An order for the person'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
school with the person, or both.
11. Any other reasonable conditions consistent with this ordinance, including a curfew,
restrictions as to going to or remaining on specified premises and restrictions on
associating with other children or adults.
(3) Dropouts.
(a) No person who is at least 16 years of age, but less than 18 years of age, and who is
subject to school attendance laws may be a dropout.
(b) If the municipal court determines that a person is at least 16 years of age but is less than
18 years of age and is a dropout, the court may suspend the person's operating privilege
until the person reaches the age of 18. The court shall immediately take possession of
any suspended license and forward it to the WI Department of Transportation together
with a notice stating the reason for and the duration of the suspension.
(4) Dispositional Orders and Sanctions. The municipal court is hereby authorized to
exercise each and every kind of authority granted to municipal courts under Wisconsin
law. Specifically, the municipal court is hereby authorized to exercise the authority
granted to it in sec. 938.355 of the WI Statutes and is hereby authorized to exercise the
authority granted to it in WI Statute 938.355(6m).
(5)
Failure to Cause a Child to Attend School Regularly.
(a) Unless the child is excepted or excused under WI Statute 118.15, or has graduated
from high school, any person having under his or her control a child who is between
the ages of 6 and 18 years shall cause the child to attend school regularly during the
full period and hours, religious holidays excepted, that the public or private school
in which the child should be enrolled is in session until the end of the school term,
quarter or semester of the school year in which the child becomes 18 years of age.
PUBLIC PEACE AND GOOD ORDER 9.13B(5)(b)
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(b) This section does not apply:
1. To a person who has under his or her control a child who has been sanctioned
under WI Statute 49.26(1)(b).
2. To a person who proves that he or she is unable to comply with the requirements
Of this section because of the disobedience of the child, in which case the action
shall be dismissed and the juvenile officer or law enforcement authority shall
refer the case to the District Attorney's office.
3. Unless evidence has been provided by the school attendance officer that the
activities under WI Statute 188.16(5) have been completed or were not required
to be completed as provided in WI Statute 118.16(5m).
(c) Any person who violates this section is subject to a forfeiture of up to $500.00.
9.14 FAIR HOUSING
(1) INTRODUCTION. It is hereby declared to be the policy of the Village in the exercise
of its police power for the public safety, health, welfare, peace, dignity and human
rights to assure equal opportunity to all persons to live in decent housing facilities
regardless of sex, race, color, sexual orientation as defined in WI Statute 111.32(13m),
handicap, religion, national origin, ancestry, age, or sex or marital status of the person
maintaining the household and to that end. to prohibit discrimination in housing by any
person.
(2)
DEFINITIONS. In this section the following terms shall have the meanings
indicated:
Discrimination and Discriminate. To segregate, separate, exclude or treat any person
or class of persons unequally because of sex, race, color, sexual orientation as defined
in WI Statute 111.32(13m), handicap, religion, national origin, ancestry, sex or marital
status of the person maintaining the household or the lawful source of income of the
person maintaining the household. It is intended that the factors set forth herein shall
be the sole basis for prohibiting discrimination.
Finance and Financing. Any granting or credit whether by the use of a loan, mortgage,
land contract or combination thereof, or by any other means for the purpose of enabling
a person to purchase, sell, lease, rent, repair or finance housing.
Housing. Any improved property which is used or occupied or is intended, arranged
or designed to be used or occupied as a home or residence, including any mobile home.
Mobile Home. That which is or which was originally constructed or designed to be
transported by any motor vehicle upon a public highway and designed, equipped and
used primarily for sleeping, eating and living quarters or is intended to be so used.
This includes any additions, attachments, annexes, foundations and appurtenances.
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PUBLIC PEACE AND GOOD ORDER 9.14(2)
Person. Any individual, family, association, business, joint venture, limited
partnership, partnership, corporation, business trust, trust, estate, bank or syndicate.
Unimproved Residential Lot. Any residential lot upon which no permanent building
or structure containing living quarters has been constructed.
(3) NO DISCRIMINATION. No person shall discriminate:
(a) By refusing to purchase, sell, lease, rent or finance or by refusing to contract to
purchase, sell, lease, rent or finance or by refusing to contract to construct housing
or by refusing to discuss the terms thereof.
(b) By refusing to permit inspection or extracting different or more stringent price,
terms or conditions for the purchase, sale, lease, renting or financing of housing.
(c) By refusing to finance or sell an unimproved residential lot or by refusing to
construct a home or residence upon such lot.
(d) By publishing, circulating, issuing or displaying or causing to be published,
circulated, issued or displayed any communication, notice, advertisement or sign,
whether oral, written or recorded by electric, laser or magnetic devices, in
connection with the purchase, sale, leasing, renting or financing of housing which
states or indicates any discrimination connection with housing.
(e) By publishing, circulating, issuing, or displaying or causing to be published,
circulated, issued or displayed any communicating, notice, advertisement or sign,
whether oral, written or recorded by electronics, laser or magnetic devices, with
the understanding, whether or not stated in the communication, notice,
advertisement or sign, that a person may be subjected to discrimination in
connection with the purchase, sale, rental, lease or financing of housing.
(f) By refusing to receive or transmit an offer to purchase, sell, rent, lease or finance
any housing from or to a person.
(g) By refusing to negotiate for the purchase, sale, rental, lease or financing of housing
with any person.
(h) For a person in the business of insuring against hazards by refusing to enter into or
by extracting different terms, conditions or privileges with respect to a contract of
insurance against hazards to a dwelling.
(i) By refusing to renew a lease, casing the eviction of a tenant from housing or
engaging in the harassment of a tenant.
PUBLIC PEACE AND GOOD ORDER 9.14(4)
(4) BLOCK BUSTING. No person shall induce or attempt to induce the purchase, sale,
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lease, financing, or rental of housing by representation regarding the present or
prospective entry into a neighborhood of a person or persons of a particular sex, race,
color, handicap, religion, national origin, ancestry, place of birth, marital status of the
person maintaining the household of the lawful source of income of the person
maintaining the household or by representations to the effect that such present or
prospective entry will or may result in:
(a) The lowering of real estate values in the neighborhood concerned.
(b) An increase in criminal or antisocial behavior in the area concerned.
(c) A decline in the quality of the schools or other public facilities serving the
neighborhood.
(5) REFERENCES AND FINANCING.
(a) Nothing in this section shall be deemed to prohibit a person from requiring that any
other person seeking to purchase, sell, rent, lease or finance housing supply
information concerning sex, race, color, sexual orientation as defined in 111.32 (13m),
Wis. Stats., handicap, religion, sex or marital status of the person maintaining the
household, lawful source of income, age or ancestry.
(b) This section shall not prohibit a person from exacting different of more stringent
terms or conditions for financing housing based on the age of the individual applicant
for financing if the terms or conditions are reasonably related to the individual
applicant.
(6) EXEMPTIONS. This section shall not apply to:
(a) Discrimination on the basis of age in relation to housing designed to meet the needs
of the elderly.
(b) Discrimination on the basis of handicap in housing designed specifically for
persons with a handicap.
(7) PROCEDURE.
(a) Any person aggrieved by a practice prohibited by this section may file a complaint
with the Village Clerk or Village Attorney within 30 days after the practice. The
Village Clerk or the Village Attorney or his or her authorized representative shall
investigate each complaint and attempt to resolve each complaint. Failure to achieve a
resolution acceptable to both parties in compliance with this section shall cause the
Village Attorney to forward a complaint to the Wisconsin Department of Industry,
Labor and Human Relations for proceedings under 101.22, Wis. Stats. The complaint
so forwarded shall be accompanied by the Village Clerk or Village Attorney's findings
of fact based upon his or her investigation of the complaint.
PUBLIC PEACE AND GOOD ORDER 9.14(7)(b)
(b) In addition, the Village may commence an action in any appropriate court for the
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violation of this section. If, after default, the plea of guilty or no contest or after a
hearing, the court finds by a fair preponderance of the evidence that the respondent has
engaged in discrimination in violation of this action, the court shall assess a forfeiture
penalty as provided in this chapter.
(8) OTHER REMEDIES. Nothing contained in this section shall be construed to provide
an exclusive remedy for any person aggrieved by an act of discrimination as defined in
this section. Any person so aggrieved may, in addition to seeking the remedies under
this section, seek any reedy to which he or she may otherwise be entitled under
appropriate State or federal law.
(9) RIGHTS PROTECTED. No person may coerce, intimidate, threaten or interfere with
any person in the exercise or enjoyment of any right granted or protected by this section
or coerce, intimidate, threaten or interfere with any person who has aided or
encouraged another person in the exercise or enjoyment of any right granted or
protected by this section.
(10) AUTHORITY. This section is enacted under the authority granted to the Village
under 66.433, Wis Stats.
(11) FUTURE COMPLIANCE INTENDED. This section is intended to be in compliance
with 101.22, Wis. Stats. Any future expansion of the rights protected thereunder made
by act of the legislature is deemed to be adopted as part of this section.
PUBLIC PEACE AND GOOD ORDER 9.15
9.15 PARKS. (CR. #44, 45, 46)
(1) No person shall have any glass container in the park for any reason.
(2) No pets of any kind are to be in the park at any time.
9.16 USE OF CIGARETTES AND TOBACCO PRODUCTS. (Ord. 75--9/14/95).
(1) (a) "Cigarettes" has the meaning given in Section 139.30(1) of the Wisconsin Statutes.
(b) "Law Enforcement Officer" has the meaning given in Section 30.50(4s) of
Wisconsin Statutes.
(c) "Tobacco Products" has the meaning Given in Section 139.75(12) of the Wisconsin
Statutes.
(d) "Child" is any person under the age of 18 years.
(2) Except as provided in Subsection (3), no child may do any of the following:
(a) Buy or attempt to buy any cigarettes or tobacco product.
(b) Falsely represent his or her age for the purpose of receiving any cigarette or tobacco
product.
(c) Possess any cigarette or tobacco product.
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(3) A child may purchase or possess cigarettes or tobacco products for the sole purpose of
resale in the course of employment during his or her working hours if employed by a
retailer licensed under Section 134.65(1).
(4) A law enforcement officer shall seize any cigarette or tobacco product involved in
violation of Subsection (2) committed in his or her presence.
(5) No person may procure for, sell, dispense or give away any cigarettes and/or tobacco
products to any child.
(6) Any person violating the provisions of this section shall, upon conviction of a violation,
be subject to the penalties as prescribed by Section 25.04 of the Municipal Code.
(State Law Reference 48.983)
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PEACE AND GOOD ORDER 9.17
9.17 Smoking Prohibited (08/02/10)
(1) Authority. The provisions of this chapter are enacted pursuant to the authority of
granted Chapters 61, 66 and s. 101.123 of the Wisconsin statutes and are an exercise
of police power for protecting the public welfare, health and safety of the
citizens of
the Village and visitors who attend and patronize public places in this
Village.
(2) Intent and Purpose. This ordinance is adopted for the purpose of protecting the public
health, safety, comfort and general welfare of the people of the Village of Rio and to
regulate smoking of tobacco products in the Village in accordance with the
laws of
the State of Wisconsin.
(3) Definitions. The definitions set forth in s.101.123 (1) Wis. Stats. Are hereby adopted
and incorporated hereinafter as if set forth in full.
(4) Future Amendments. Any future amendments, revisions, or modifications of the
statutes incorporated herein are intended to be made part of this section.
9.20 OPEN INTOXICANTS PROHIBITED IN PUBLIC AREAS. (6/7/99)
(1) Regulations. It is unlawful for any person to sell, serve or give away, or offer to sell,
serve or give away, any alcoholic beverage upon any public street, sidewalk, alley,
public parking lot, highway, cemetery or drives or other public areas within the village
or on private property without the owner's consent, except at licensed premises. It is
unlawful for any person to consume or have in his/her possession any open container
containing alcoholic beverage upon any public street, public sidewalk, public way,
public alley or public parking lot within the village except at licensed premises.
(2) Private Property Held Out for Public Use. It is unlawful for any person to consume
any alcoholic beverage upon any private property held open for public use within the
village unless the property is specifically named as being part of a licensed premises.
This restriction shall not apply to private gatherings held in the Firemen's Park when
the park is not being used for a licensed activity.
(3) Leaving Licensed Premises with Open Container.
(a) It is unlawful for any licensee, permittee or operator to permit any patron to leave
the licensed premises with an open container containing any alcoholic beverage.
(b) It is unlawful for any patron to leave a licensed premises with an open container
containing any alcoholic beverage.
(4) Exceptions.
(a)
The provisions of this section may be waived by the Village Board for duly
authorized events.
(b) Any organization which has been issued a temporary fermented malt beverage
and/or temporary wine license for a designated area pursuant to this code, provided that
the provisions of this chapter are fully complied with.
PEACE AND GOOD ORDER 9.20
(5) Definitions.
(a) As used in this section, the term "alcoholic beverage" shall include all ardent,
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spirituous, distilled or vinous liquors, liquids or compounds, whether medicated,
proprietary, patented, or not, and by whatever name called, as well as all liquors and
liquids made by the alcoholic fermentation of an infusion in potable water of barley
malt and hops, with or without unmalted grains or decorticated or degerminated grains
or sugar, which contain one-half of one percent or more of alcohol by volume and
which are fit for use for beverage purposes.
(b)
As used in this section, the term "public area" shall be construed to mean
any location within the village which is open to access to persons not requiring specific
permission of the owner to be at such location including all parking lots serving
commercial establishments.
(c) As used in this chapter "underage person" means any person under the legal
drinking age as defined by Wisconsin Statutes.
9.25 PENALTIES. (Ren. #47) Any person who shall violate any provision of this
chapter shall be subject to a penalty as provided in 25.04 of this Municipal Code.
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