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ORD1991707COMMON COUNCIL - CITY OF MUSKEGO 0RDI:NANCE # 707 AN ORDINANCE TO AMEND CHAPTER 9, SECTIONS 9.11( 1) AND 9.26( 2) OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO REGARDING THE PROHIBITION OF LOITERING THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO HEREBY ORDAIN AS FOLLOWS: SEmION 1: Chapter 9, Section 9.11(1) of the Municipal Code of the City of Muskego is hereby repealed and recreated to read as follows: 9.11 LOITERING PROHIBITED. (1) No person shall loiter or prowl in a place, at-a time or in a manner not usual for alarm for the safety of persons or property in the law-abiding individuals under circumstances that warrant considered in determining whether such alarm is warranted vicinity. Among the circumstances which may be is the fact that tho person takes flight upon the appearance of a polj-ce 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 circxmstances make it impracticable, a police officer shall., prior to any arrest for an offense dispel any alarm whj-ch would otherwise be warranted by under this section, afford the person an opportunity to requesting the person to identify himself or herself and explain his or her 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 person was true and, if believed by the police officer at the time, would have dispelled the alarm. SECTION 2: Chapter 9, Section 9.26(2) of the Municipal Code of the City of Muskego is amended to read as follows: 9.26(2) LOITERING IN OR NEAR SCHOOL. (a) Subject to the exceptions in (c), no person not in official school attendance or on official school business shall enter into, congregate, loiter, stand or play in or about any school building or school property or within 200 feet of school property between 6:30 a.m. and 5:OO p.m. on any day when schools are in session. official school attendance shall congregate, loiter, (b) Subject to t.he exceptions in (c), no person in stand or play on any property within 200 feet of school hour after school hours on any day when schools are in property from one hour prior to school hours through one session. (c) Subsections (a) and (b) of this section shall not apply to the following: 1. A person on private property located within the owner to be on the property. 200 feet of school property who has permission from in a city park which is within 200 feet of school property. school property who is there with school authorization. 2. A person, not in official school attendance, 3. A person on, about or within 200 feet of SEmION 3: The several sections of this ordinance are be declared by a decision of a court of competent jurisdiction to declared to be severable. If any section or portion thereof shall be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision and not affect the validity of all other provisions, sections, or port.ion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those t.erms that conflict. SECTION 4: This ordinance shall be in full force and effect from and after its passage and publication. Passed and approved this 12th day of 7ebr-V , 1991. CITY OF MUSKEGO ATTEST : JEN K. MARENDA, Clerk - V PUBLISHED THIS 21 st DAY OF febrlcflry , 1991. -2- STATE OF WISCONSIN Milwaukee Counly ClTY OF MUSEECO Official Notice I__ ', MUNICIPAL CODE OF THE CITY OF ' MUSKEGO REGARD~G THE PROHIBI- ~~.~ ~~~~~~ ~~~ ~ TION OF LOITERING THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO HEREBY ORJJAIN AS FOLIOWS the Municipal Code of the City of Muskego is SECTION 1: Chapter 9,,Section 9.11(1) of hereby repealed and recieated to read as follows: person shall loiter or prowl in a place, at a 9.11 IOITERING PROHIBITED. (1) No time or in a manner not usual for law-abid- warrant alarm for the safety of persons or ing individuals under CirNInStanceS that property in the vicinity. Among the cim- stances which may be considered in deter- mining whether such alarm is warranted is the fact that the person takes flight upon the appearance of a police officer. refuses to endeavors to conceal himself or herself or indentify himself or herself. or manifestly any object. Unless flight by the person or other urcumstanoes make it impracticable. a police officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm requesting the person to identify himself or which would otherwise be warranted by herself and explain his or her presence and conduct. No person shall be convicted of an offense under thin section if the police officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the pereon was true and, if believed by the police officer at the time, would have dispelled the alarm. SECTION 2: ChaDter 9. Section 9.26(2) of the Munieipal Code bf the City of Muskego is amended to read 88 follows: SCHOOL (a) Subject to the exceptions in (e), 9.26(2) LOITERING IN OR NEAR on official school business shall enter into, no person not in official school attendance or cnngregate, loiter, stand or play in or about any school building or school pmperty or within 200 feet of school property between 6:30 a.m. and 5:OO p.m. on any day when schooli am in &ssion. 6) Subject to the exceptions in (e), no congregate, loiter, stand or play on any person in official school attendance shall property within 200 feet of school property from one hour prior to school hours thmugh the hour &r school hours on any day when schools are in session. shall not apply to the following: (c) Subsections (a) and (b) of this section within 200 feet of school property who has 1. A person on private property loeated permiasion from the owner to be on the property. dance, in B city park which is within 200 feet 2. A pereon, not in official school atten- of sehool property. 3. A person on, about or within 200 feet of school property who is there with school authorization. ordinance are deeSfSi&Fbe eaverable. If SECTION 3: m-uevnrd-sectione of this any seetion or portion thhf shall be tent jurisdiction to be invalii?, unlawful, or declared by a decision of a wurt of mmpe. Only to the specific section or portion thereof unenforceable. such decision shall apply atTed the validity of all other provisions, directly specified in the decision and not which shall remain in full force and effect. sections, or portion thereof of the ordinance Any other ordinance whose terms are in conflict with the proviaions of this ordinance conflict. are hemby repealed as to those terms that SECTION 4: Thin ordinance shall be in full force and effect from and after its passage and publication. Februarv. 1991. Passed and approved this 12th day of The.. hLskr!go .SIIII.. ..................... Wisconsin and ,that an adverlisemenl of which Ihe anrlexed is a Itue copy, laken lrom said paver, was published lherein on a newspaper published al ... Mr~kcp.~. .............. ........................... .......................... . -<. ..... .r.?8.2.Lg2i ......... ........................... ........................... Subscribed and sworn lo belore me lhis ... a 1 %. . day n. My Commission expires: ..... _. ~~~~ CITY OF MUSKEGO WAYNE S. SALENTINE. Mayor