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ORD1982424t; ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 9 OF THE MUNIC1:PAL CODE OF THE CITY OF MUSKEGO, WISCONSIN The Common Council of the City of Muskego do ordain as follows: SECTION 1. Chapter 9 of the Municipal Code of the City of Muskego is hereby repealed and recreated to read as follows: I i CHAPTER 9 PUBLIC PEIACE AND GOOD ORDER 9.161.41(3) to 947.045 State Crimj-nal Laws Adopted 9.01 9.02 9.03 9.04 9.05 9.06 9.07 9.08 9.09 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 Discharge Of Firearms And Guns Prohibited Throwing 01- Shooting Of Arrows, Stones And Other Missiles Prohibited Sale And Dj-scharge Of Fireworks Restricted Obstructing Streets And Sidewalks Prohibited Disorderly Conduct Prohibited Loud And Unnecessary Noise Prohibited False Alarns Prohibited Obedience To Officers Gambling, Lotteries, Fraudulent Devices And Practj-ces Prohibited Prostitution Prohibited Loitering Prohibited Indecent Conduct And Language Prohibited Obscene Literature Indecent Advertising Prohibited Destruction Of Property Prohibited Littering Prohibited Storage Of Junk, Etc., Regulated Animals And Poultry Not To Run At Large Cruelty To Animals And Birds Prohibited Open Ciste~ms, Wells, Basements Or Other Dangerous Excavations Prohibited Abandoned Or Unattended Ice Boxes, Etc., Prohi-bited Open Fires Restricted Assisting Escape Of Prisoner Impersonating Police Officers 9.25 9.26 9-27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 Trespass Regulation Of Minors On Streets And In Public: Places Drinking Or1 Public Streets Prohibited Prohibited Operation Of Motor Vehicles On The Public: Thoroughfares By Unlicensed Juveniles Prohibited Operation Of "Off The Road" Vehicles Solicitation Conspiracy Attempt Penalties Retention Or Theft Of Library Property Enforcement PUBLIC PEACE AND GOOD ORDER 9.161.41(3) 9.161.41(3) to 9.947.045 STATE CRIMINAL LAWS ADOPTED (1) Definitions. For the purpose of this section, the definitions of words and phrases contained in Chapter 161 and in Chapters 939 to 947 and Section 990.01 of the Wisc:onsin Statutes are hereby adopted and by reference made a part hereof with the same force and effect as if fully set forth herein. (2) Interpretation In the following enumerated sections and subsec Wisconsin Statutes: tions of the (a) Whenever the word "crime" is used, it shall be taken to mean "offense" . (b) Whenever the phrase "criminal intent" is used, it shall be taken to mean "intent". (3) State Laws Adopt:ed The statutory provisi.ons describing, defining and prohibiting conduct in the following enumerated sections and subsections of the Wisconsin Statutes and cross references contained therein to other sections and subsections of the Wisconsin Statutes, exclu- sive of any provision thereof relating to the penalties to be imposed or the punishment for violation of said statutes, are hereby adopted and by reference made a part of this section utth the same force and effect 11s if fully set forth herein. Any acts required to be performed or prohibited by any statute incorporated by referance also la to be required or prohibited by this section. (4) General offenses.. The following specifically enumerated offenses are hereby prohibited in the City of Muskego, and are incorporated herein by reference, just as thougih fully set forth herein, but the penalty for vlolation under this section shell be limlted to the forfeiture ae hereinafter ]let forth: Section or Subsection of the Statutes Violtrtion Reference OFFENSES AGAINST PUBLIC HEALTH AND SAFETY 161.41(3) Possession of a controlled substance - that the test, - , 1: -.~ . con&ide.red-~prins fac5a .proof”that-the controlled substance is commonly referred. to-a,s thy Officers Field Test, be 940.19(1) Battery marijuana. 941.22 Possession of Ptstol by Minor 941.33 Hazing 941.35 Emergency Tolephone Callr OFFENSES AGAINST PROPERTY 943.01 Crlminsl Damage to Property Leas than 6300 943.13 Criminal Trospaaa to Land Subsection (1) Subsection (3 1 943.14 943.20 943.50 Criminal Trespass to Dwelling Theft If the value of the property does not: exceed $100 Shoplifting If the value of the property does not: exceed $100 OFFENSES AGAINST SEXUAL MORALITY 944.20 945.01 945.02 946.04 946.06 946.41 946.68 946.80 Lewd and Lascivious Behavior GAMBLING Definitions Relating to Gambling Gambling OFFENSES AGAINST GOVERNMENT AND ITS ADMINISTRATION Display of Seditious Flag or Emblem Improper U!je of the Flag Resisting or Obstructing an Officer Simulating Legal Process Misconduct on Public Grounds OFFENSES AGAINST PUBLIC PEACE, ORDER AND OTHER INTERESTS 167.10(1) Possession, Use or Distribution of Fireworks 947.045 Drinking in Motor Vehicles on Highway PUBLIC PEACE AND GOOD ORDER 9.01 9.01 DISCHARGE OF FIREARMS AND GUNS PROHIBITED. (1) GENERAL PROHIBITIONS AND EXCEPTIONS. A. No person except a sheriff, constable, police officer, or their deputies, shall fire or discharge any firearms, rifle, spring or air gun of any description within the Ci.ty or have any firearm, rifle, spring or air gun in his possession or under his control, unless it is unloaded and knocked down or unloaded and enclosed within a carrying case or other suitable container, provided that this section shall not prevent the maintenance and use of a licensed rifle o:r pistol range or shooting gallery authorized by the Common Council, except as herein provided. B. The firing or discharging of BB guns upon private premises by persons over 14 years of age or under the direct personal supervision of a parent o:c guardian is permitted. C. No person shall ?ire or discharge a 22 caliber rifle or pistol using a rim fired cartridge anywhere within the City limits, except as provided herein. D. The transporting, firing, or discharging of shot guns is limited to: (1) The hunting sea;jons and regulations as provided by the Department of Natural Resources of the State of Wisc0nsi.n on land that is owned or rented, or with the land owner's or renter's consent, or on unposted lands. PUBLIC PEACE AND GOOD ORDER 9.01 (2) Open bodies of bsater provided no shot shall be caused to be propelled into an area of habitable buildings or building and provided that no shotg,un shall be discharged on the shoreline or within posted areas on Little Muskego Lake. (3) Any person owning or renting land in the City who raises crops from such land and c'perates the same for farm purposes or any person who is under his direct supervision and control, for the purposes of destroying, birds and animals doing damage to his crops or for the control of rodents, but in no case closer than 250 feet from any Federal, State, County Highway or City Street or park, church, municipal or school grounds. (4) Gun salutes, using blank cartridges, as a special function at a parade, program, or funeral. E. Any person may on his own property or with the consent of owner thereof use a shotgun for target practice providing he is more than 500 feet frorr any dwelling or any Federal, State, County Highway or City Street or park, church, municipal or school ground or any other private dwellings. (2) REGULATIONS FOR LICENSED TARGET SHOOTING, ARCHERY RANGE, TRAP AND SKEET SHOOTING, A.ND SHOOTING GALLERIES. A. LICENSE REQUIRED. No premises shall be used or permitted to be used as a shooting gallery, archery range, or place to practice target shooting or for trap or skeet shooting, without being licensed by the Common Council. PUBLIC PEACE AND GOOD ORDER 9.01 B. LICENSE FEE. The license fee for commercial shooting galleries, archery ranges, and places for target, trap or skeet shooting shall be $10.00 per year, and the license shall expire on June 30 after the granting thereof, unless sooner revoked. C. LICENSE FOR CORPORATIONS, ETC. No corporation, firm, association, or club shall be granted a license hereunder except to an agent thereof first duly appointed by it who is, at the time of filing said application, an officer, manager, or member thereof, a citizen of the United States, and who shall have had executed to him written delegation, full authority, and control of the premises described in his license and of the conduct of all business and acts thereon, and who shall, with respect to his qualifications be satisfactory to the Common Council. Such agent shall be personally responsible for compliance with all the terms and provisions of this section. If such appointed agent shall, during any license year, cease to be an officer, manager or member of any corporation, firm, association, or club on whose behalf said license was issued, a new license shall be required and application therefor shall be forthwith made pursuant to the terms and provisions of this section. D. LICENSES FOR INDIVIDUALS. No individual shall be granted a license hereunder unless he shall have been, at the time of filing of said application, a citizen of the United States and have qualifications satisfactory to and receive the approval of the Common Council. (3) APPLICATION FOR LICENSE. A. Application for a license for any premises required to be licensed hereunder shall he made in writing and accompanied PUBLIC PEACE AND GOOD ORDER 9.02 by the license fee. Said application shall contain the following information: 1. Name of applicant. (State whether a firm, association, corporation, club, or individual) 2. Address of applicant. 3. If applicant is an individual, state age. 4. If applicant is c.ot an individual, state name and address of all officers. 5. Location and description of premises sought to be licensed. 6. Statement as to whether said premises are owned or leased by applicant. 7. Qualifications of applicant. 8. Name of agent or applicant to whom license shall be issued. 9. Furnish proof of appointment of agent. 10. Qualifications of agent. B. No application sh.all be submitted to the Common Council unless said application sh.all have been approved by the Licensing Committee and the Building, Inspector. C. No target, trap, or skeet shooting shall be conducted between the hours of 10:30 p.m. and 1O:OO a.m., unless specifically authorized by the Common Council for special occasions such as skeet shoot contests, etc. 9.02 THROWING OR SHClOTING OF ARROWS, STONES AND OTHER MISSILES PROHIBITED. No person shall throw or shoot any object, arrow, stone, snowball, 01' 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 City. PUBLIC PEACE AND GOOD ORDER 9.03 9.03 SALE AND DISCHARGE OF FIREWORKS RESTRICTED. Section 167.10 of the Wisconsin Statutes regulating the sale and use of fireworks, exclusive of any penalty imposed thereby is adopted by reference and made part of this section as though set forth in full. 9.04 OBSTRUCTING STREETS AND SIDEWALKS PROHIBITED. No person shall stand, sit, loaf, or loiter or engage in any sport or exercise on any public street, sidewalk, bridge, or public ground within the City in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egree to or from any place of business or amuse- ment, church, public hall, or meeting place. 9.05 DISORDERLY CONDUCT PROHIBITED. No person shall, within the City, use any vulgar or obscene language, or make use of any loud, boisterous, insulting or threatening language, or refuse to abide by an orderly ruling made by a person in authority, or engage in any violent, abusive, loud, boisterous, vulgar, wanton, obscene, or other disorderly conduct, tending to create or provoke a breach of the peace or to disturb or annoy others, whether in a business, private, or public place or upon any public highway, private or public lands or roads, or in any automobile located thereon, or violate any law of the State of Wisconsin constituting a crime or misdemeanor, the violation of which is not specifically covered by this or other ordinances of the City. 9.06 LOUD AND UNNECESSARY NOISE PROHIBITED. (1) No person shall make or cause to be made any loud, disturbing, or unnecessary sounds or noises such as may tend to annoy or disturb another 0 in or about any public street, alley, or park or any private resi- dence. PUBLIC PEACE AND GOOD ORDER 9.07 (2) OPERATION OF MOTOR VEHICLES. It shall be a violation of this section for a person to operate a motor vehicle so as to cause the tires thereof to squeal, the horn to blow excessively, or the motor to race excessively. 9.07 FALSE ALARMS PROHIBITED. No person shall give or send or cause to be given or sent in any manner any alarm of fire or other emergency which he knows to be false. 9.08 OBEDIENCE TO OFFICERS. No person shall resist, or in any way interfere with any officer of the City while such officer is doing any act in his official capacity and with lawful authority, or shall refuse to assist an officer in carrying out his duties when so requested by the officer. 9.09 GAMBLING, LOTTERIES, FRAUDULENT DEVICES AND PRACTICES PROHIBITED. All forms of gambling, lotteries, and fraudulent devices and practices are prohibited within the City. Any police officer or policeman of the City may seize anything devised solely for gambling or found in actual use for gambling within the City and to dispose thereof after a judicial determination that said device was used solely for gamblj-ng or found in actual use for gambling. 9.10 PROSTITUTION PROHIBITED. No person shall operate or be an inmate of a house of prostitution or engage in prostitution within the City. 9.11 LOITERING PROHIBITED. (1) LOITERING FOR IMPROPER PURPOSES. No person shall loiter or lounge in any public street or highway or alley or in any other public place or on any private PUBLIC PEACE AND GOOD ORDER 9.11 premises for any immoral, illegal, or improper purpose or insult or disturb any person by z.ny act, gesture, or language. (2) OBSTRUCTION OF HIGHWAY BY LOITERING. No person shall obstruct any street, bridge, sidewalk, or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer. (3) OBSTRUCTION OF TRAFFIC BY LOITERING. No person shall loaf or loiter in groups c'r crowds upon the public streets, alleys, sidewalks, street crossing,s, or bridges or in any other public places within the City in such manner as to prevent, interfere with or obstruct the ordir!ary free use of any said public streets, sidewalks, alleys, street crossings, and bridges or other public places by persons passing along and over the same. (4) LOITERING AFTER BEING REQUESTED TO MOVE. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks, or adjacent doorways or entrances, street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant, after being requested to move by any police officer or by any person in authority at such places. I (5) LOITERING IN PUBLIC PLACES. No person shall loiter, lounge or loaf in or about any depot, theater, dance hall, restau- rant, store, public sidewalk, public parking lot, or other place of assembly or public use after being requested to move by any police officer, proprietor of the place of business, or by any person in authority at such place. Upon being requested to move, a person must immediately comply with such request by leaving the premises or area thereof at the time of the request. a PUBLIC PEACE AND GOOD ORDER 9.12 9.12 INDECENT CONDUCT AND LANGUAGE PROHIBITED. No person shall use any indecent, vj.le, profane, or obscene language or conduct himself in any indecent, lewd, lascivious, or obscene manner within the City. 9.13 OBSCENE LITERATURE. No person shall within the City sell, offer for sale, give away, exhibit or possess any obscene book, pamphlet, paper, card, picture, toy, or device. - 9.14 INDECENT ADVERTISING PROHIBITED. No person shall within the City display any indecent advertisement. 9.15 DESTRUCTION OF PROPERTY PROHIBITED. No person shall wilfully injure or intentionally deface, destroy, or unlawfully remove, take, or meddle wj.th any property of any kind or nature belonging to the City or j.ts departments or to any private person without the consent of the owner or proper authority. 9.16 LITTERING PROHIBITED. No person shall throw any glass, refuse, or waste materials of any kind, filth, or other litter upon the streets, alleys, highways, public parks, or other property of the City or upon any private property or upon the surface of any body of water within t:he City. 9.17 STORAGE OF JUN€:, ETC., REGULATED. No person shall store junked or discarded property including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or rnachj-nery parts, wood, bricks, cement blocks, or other unsightly debris which substantially depreciates property values in the neighborhood except in an enclosure which houses such property from public view, or upon permit issued by the Common .. PUBLIC PEACE AND GOOD ORDER 9.18 Council. The Building Inspector may require by written order any premises violating thj.s section to be put in compliance within the time specified in such order, and if the order is not complied with, may have the premises put in compliance and the cost thereof assessed as a special tax against the property. 9.18 ANIMALS AND POULTRY NOT TO RUN AT LARGE. No person having in his possession or under his control any animal or fowl shall allow the same to run at large within the City, except domesticated animals and fowl may run at large on property zoned as Agricultural under the Zoning Code. 9.19 CRUELTY TO ANIMALS AND BIRDS PROHIBITED. No person except a peace officer or health or humane officer in pursuit of his duties, shall withj.n the City shoot or kill or commit as act of cruelty on any animal or bird, or disturb any bird's nests or bird's eggs. 9.20 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 fenced, in such manner as to prevent injury to any person and any cover shall be of a design, size, and weight that the same cannot be removed by small children. 9.21 ABANDONED OR UMATTENDED ICE BOXES, 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 dis- PUBLIC PEACE AND GOOD ORDER 9.22 carded 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 without first removing said door or lid, snap lock, or other locking device from said ice box, refrigerator, or cont.ainer unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened. 9.22 OPEN FIRES RESTRICTED. (1) BURNING OF GARBAGE AND TRASH PROHIBITED. No person shall burn garbage, paper, putrecible materials, building, or ot:her structures or materials from razed buildings within the City limits. (2) LOCATION OF BURNING PROHIBITED. No person shall burn any materials of any kind on lake shores and drainage ditches or on or along other water courses. (3) Outdoor burning regulated except as prohibited by Sections 1 and 2: Outdoor burning within the City shall be allowed as follows~ A. The burning of dry brush, dry leaves, dry plant clippings and other dry wood is allowed subject to the following regulations: (1) Wind velocity shall not be more than 15 miles per hour as recorded by the U. S. Weather Bureau, Milwaukee, Wisconsin. (2) Wind direction cat time of fire shall be away from buildings, or other combuistible materials and structures and shall not carry smoke or soot into any adjoining buildings, onto laundry hanging outdoors, or be the source of annoyance by reason of smoke, fumes, or odors to person; or property. PUBLIC PEACE AND GOOD ORDER 9.22 (3) The perimeter ofi an area of a grass or brush fire must be at least 30 feet from any building, utility pole, overhead wires, or any other combustible material. (4) Sufficient fire fighting implements and personnel shall be available at the scene while burning is in progress to control the fire. B. Buildings or other fires set for practice and instruction of firemen, or testing of fire-fighting equipment shall be under the supervision of the Fire Department. C. Outdoor fires fol: cooking, ceremonies, or recreation shall be allowed. D. Small open flames for welding, acetylene torches, safety flares, heating tar, or sj.milar application shall be allowed. (4) EMERGENCIES. Whenever, because of extreme dryness or drought, the Mayor shall deem it necessary to prohibit the setting of fires upon any land wit:hin the City, he shall by proclamation, declare an emergency and cause to be published in the official newspaper a notice forbidding the setting of fires within the City or any part thereof and/or have broadcast on radio or T.V. such notice, and after publishing or broadcasting of such notice, no person shall set any fj.re upon lands in such area except for warming the person or cooking food until the expiration of such emergency. PUBLIC PEACE AND GOOD ORDER 9.23 9.23 ASSISTING ESCAPE OF PRISONER. No person shall inten- tionally aid any prisoner or person to escape from the lawful custody of a policeman or peace officer of the City. 9.24 IMPERSONATING POLICE OFFICERS. No person shall imperson- ate a policeman or peace officer within the City of Muskego. 9.25 TRESPASS. (1) No person shall wilfully drive any automobile, snowmobile, truck, or other motor vehicle, or any horse-drawn vehicle, or ride or drive any horse, or other animal, or park an automobile or other vehicle, or drive or permit any cattle to be driven or to go upon, or enter upon, walk over, occupy, or in any other manner use, either as a prowler or loiterer, in any manner, any lane, roadway, or any lands or premises owned, or lawfully occupied or possessed by another, within the City, without an invitation, express or implied, extended by such owner, occupant, or possessor. (2) Any person unable to account for his presence upon the premises of another, either as an invitee, business visitor or guest, with the consent of the owner or legal occupant thereof, shall be guilty of a trespass under this section. 9.26 REGULATION OF MINORS ON STREETS AND IN PUBLIC PLACES (Cr. Ord. 110) (1) LOITERING OF MINORS PROHIBITED. No person under the age of 17 years shall congregate, loiter, wander, stroll, stand, or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertain- ment, vacant lots or any public places in the City of Muskego, either on foot or in or upon any conveyance being driven or parked thereon, between the hours of llt00 o'clock P. M. and 5:OO o'clock A. M. of the following day, official City time, unless accompanied PUBLIC PEACE AND GOOD ORDER 9.26 by his or her parent, guardian, or other adult person having his or her care, custody, or control. (2) LOITERING IN SCEOOL AND PLAYGROUND AREA. No person not in official attendance or on official business shall enter in, congregate, loiter, wa.nder, stroll, stand, or play in any school building in the City or in or about any playground area adjacent thereto, between the hours of 8:OO o'clock A. M. and 4:OO o'clock P. M. on official school days. This section shall not apply to one who is a guest or invitee of the school authorities. (3) RESPONSIBILITY OF PARENTS. No parent, guardian, or other adult person having the care and custody of a person under the age of 17 years shall suffer or permit or by inefficient control allow such person 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 City between the hours of 11:OO o'clock P. M. and 5:OO o'clock A. M. of the following day, official City time, unless the said person under the age of 17 is accompanied by his or her parent, guardian, or other adult person having his or her care, custody, or control; provided that any parent, guardian, or other adult person herein who shall have made a missing person notification to the Police Department, shall not be considered to have suffered or permitted any person to be in violation of the herein mentioned provisions of this section. (4) RESPONSIBILITY OF OPERATORS OF PLACES OF AMUSEMENT. No person, firm, or corporation operating places of amusement or entertainment, or any agent, servant, or employee of any such PUBLIC PEACE AND GOOD ORDER 9.27 person, firm, or corporation shall permit any person under the age of 17 years to enter or remain in such places of amusement or entertainment during the hours prohibited in this section unless such person is accompanied by his or her parent, guardian, or other adult person having his or her care, custody, or control. (5) RESPONSIBILITY OF HOTELS, MOTELS, AND ROOMING HOUSES. No person, firm, or corporation operating a hotel, motel, lodging or rooming house, or any agent or servant or employee of any such person, firm, or corporation operating a hotel, motel, lodging or rooming house, shall permit any person under the age of 17 years to visit, loiter, idle, wander, or stroll in any portion of such hotel, motel, lodging or rooming house between the hours of 1O:OO o'clock P. M. and 7:OO o'clock A. M. of the following day, official City time, provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian, or other adult person having the care, custody, and control. of such minor. 9.27 DRINKING ON PUI1LIC STREETS PROHIBITED. (1) It shall be unlawful for any person to drink, consume, transport, carry, or possess any intoxicating liquor, wine, or fermented malt beverage except in the original capped package, either in or out of, either a vehicle in any of the following places A. Any City owned 01: controlled parking lot. B. Any public street:, highway, alley, sidewalk, or other similar place within the City of Muskego. C. Any privately owned parking lot, driveway, or lot used for vehicular traffic which is used or can be used by the public with the express or implied permission of the owner thereof unless PUBLIC PEACE AND GOOD ORDER 9.27 expressly authorized in writing of the owner of said parking lot, driveway, or lot. D. Any grounds under private or public ownership unless the owner thereof has gran.ted permission. for said drinking. E. Between the hours of 11:OO o'clock P. N. to 6:OO o'clock A. M. on the land described in the legal description within which a Class "A" or Class "B" fermented malt beverage or intoxicating liquor license premise is located and outside the interior of said licensed premise. F. Any grounds under the control of the Muskego-Norway School District; and the grounds of any privately owned and operated school, church, or other institution frequented by the public, unless expressly authorized by the owner thereof. (2) The holder of a Class "B" fermented malt beverage or intoxicating liquor license shall make every reasonable effort to discourage his patrons from taking fermented malt beverages, wine, or intoxicating liquors from the licensed premises when such beverages are served for consumption on the premises. (3) The Common Council of the City of Muskego may permit the consumption or possession of fermented malt beverages, wine or intoxicating liquors in specifically authorized public places, or at any event, for which a temporary license has been issued pursuant to Chapter 12 or other provisions of the Municipal Code of the City of Muskego. (4) No person shall consume or have in his possession open containers of intoxicants of fermented malt beverages, or intoxi- PUBLIC PEACE AND GOOD ORDER 9.28 cating liquor, in or upon any public thoroughfare. By thorough- fare, this section shall be construed to include any public road, street, alley, highway, freeway, interstate, county trunk highway, or public right-of-way. (5) This section shall not be in effect within 200 feet of a parade route for which the City of Muskego has granted a parade permit from one hour prior to the scheduled start of said parage and until one hour after the end of said parade. 9.28 PROHIBITED OPERATION OF MOTOR VEHICLES ON THE PUBLIC THOROUGHFARES BY UNLICENSED JUVENILES. (1) Subject to the applica- ble provision of the Wisconsin Statutes and Wisconsin administra- tive Code, no unlicensed juvenile under 16 years of age shall operate any motor vehicle, whether registered or unregistered, on the public thoroughfare. (2) DEFINITIONS For the purposes of this section: A. A motor vehicle shall be defined as a vehicle which is self-propelled; B. Operate means driving or in actual physical control of a motor vehicle; C. Public Thoroughfare - shall be defined to include any public road, street, alley, highway, freeway, interstate, county trunk highway or public right-of-way and shall include the grass area within the statutory limits of the public thoroughfare and contiguous to the traveled portion thereof. PIJRLIC PUCE AND GOOD 9RDER 9.29 9.29 PROHIBITED OPCIUTION OF "@FF THE ROAD" VEHICLES (1) Subject to confllctlng pravislons of the Wisconsin Statutes and Wisconsin Administrative Code,if any, no person shall operate within the City limits of the City of Muskego any "off the road" vehicle on any Property WitiilOUt the permission of the landowner, except in those areas that may be designated by the Fluskeg0 .Common Council as "approved vehicle parks". - (2) AUTHORIZED OPERAT'rON OF "OFF THE ROAD" VEHICLES "Off the rond" vehfcle!s nay be operated: A. Cn the ptenfses owned by the operacor or clenber of the family of the operator if eald operator resldos on the preofser where safd vehicle 1s belng operated. Operation of said vehicle rhll bo ktveen tho hours of 9:OO o'clock A. W. and 8:OO o'clock P. U. and b. such that the aoise from said vehicle doer not cause a nulranca and annoyance to ocher persons residing near said operatlon. 9. In those areas deelgnated by the Xuskego Common Counef'L as "approved vchlcle parkr" purauant to the terns and condltlons rat by tho hrkego Comon Council. (3) DEFINITIONS For the purporor of thin raceion: ad as any 11- bib, trail bib, all-torrain vahiclo, 80-caftr or 0th.r ruck vahiclo (orprarrly oxcludlng rnowmobllar uhfch rro regUl8t.d by arparato ordinanca and Yirconrln SF - qtutas) vhLch are cowonly 1 !, ! PUBLIC PEACE AND GOOD ORDER 9.30 operated off the traveled portion of the public thoroughfare whether currently being used on or off the road and whether regis- tered or non-registered. B. Operator means a. person who drives or is in actual physi- cal control of a vehicle. C. Public thoroughfare shall be defined to include public road, street, alley, highway, freeway, interstate, county trunk highway or public right-of:-way. - D. Traveled portion is defined as the paved or otherwise surfaced portion of the roadway and the prepared shoulder, but shall include. the grass area within the statutory limits of the highways and contiguous to the traveled portion thereof. E. Approved vehicle parks are defined as those areas within the City limits of the City of Muskego which are specifically approved by the Muskego Common Council for operation of "off the road" vehicles. 9.30 SOLICITATION. Whoever, with intent that an offense be committed, advises another to commit that offense under circum- stances which indicate unequivocally that he has such intent, may be fined not to exceed the maximum provided for the completed offense . 9.31 CONSPIRACY. Whoever, with intent that an offense under this chapter be committed, agrees or combines with another for the purpose of committing that offense, if one or more parties to the conspiracy does an act to effect its object, may be fined not to exceed the maximum provided for the completed offense. PUBLIC PEACE AND GOOD ORDER 9.32 9.32 ATTEMPT. (1) Whoever attempts to commit an offense under this chapter may be Eined not to exceed one-half the maximum penalty for the completed ,>ffense. (2) An attempt to co~nmit an offense requires that the actor have an intent to perform ,acts and attain a result which, if accom- plished, would constitute such offense and that he does acts towards the commission of the offense which demonstrate, under all the circumstances that he forms that intent and would commit the offense except for the intervention of another person or some other extraneous factor. 9.33 PENALTIES. Any person who shall violate any provision of this chapter shall be subject to penalties as follows: (1) Any person who shall violate any provision of this chap- ter shall be subject to a penalty as provided in section 25.04 of this Municipal Code. (2) In adition to any penalty imposed for violation of any provisions of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates any provisions of this chapter may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with Section 895.035, of the Wisconsin Statutes. (3) Any person who shall violate any provisions of this chapter, which by reason thereof shall require the services of PUBLIC PEACE AND GOOD ORDER 9.34 the Fire Department, shall upon conviction thereof pay a forfeiture of $200 together with the costs of prosecution, and in default of payment of such forfeiture and costs, of prosecution shall be imprisoned in the county jail until such forfeitures and costs are paid, but not exceeding 9C days. 9.34 RETENTION OR TH.EFT OF LIBRARY PROPERTY. No person shall wilfully take, keep, destroy, or retain any book, magazine, periodical, or other property issued to him by the public library beyond the time indicated on the library card issued therefore. 9.35 ENFORCEMENT. It shall be the duty of the Muskego Police Department and the City of Muskego Municipal Attorney to enforce the provisions of this chapter. Such enforcement shall be initiated by either a City Ordinance Citation being written, whose contents shall conform to the requirements found in Section 800.02(2), Wisconsin Statutes or Section 778.25, Wisconsin Statutes, where applicable or shall be referred to the City Attorney's office where a City Ordinance Complaint shall be drafted and served upon the violator. SECTION 2. SEVE,RABILITY The several sections of this ordinance are declared to be severable. If any section shall be declared by a decision of a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the other provisions of the ordi- nance. Any other ordinance, whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3. EFFECTIVE DATE This ordinance shall take effect immediately upon passage and posting as provided by law. Passed and adopted this 25th day of May , 1982. BY THE COMMON COUNCIL e WAYNE E. SALENTINE. . MAYOR ATTEST : CHARLOTTE L'. STEWART, CLERK Posted on the day of , 1982.