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(A) Prohibition on keeping. No person shall harbor, maintain, or control a wild, dangerous, or undomesticated animal within the village.
(B) Definition.
WILD, DANGEROUS, OR UNDOMESTICATED ANIMAL. That which is not of a species customarily used as an ordinary household pet but one which would ordinarily be found in the wilderness of this or any other country, or one which otherwise causes a reasonable person to be fearful of bodily harm or property damage. Fish in an aquarium are not included in this definition.
(C) Exceptions. The prohibitions of division (A) above shall not apply where the creatures are in the care, custody, or control of:
(1) An itinerant or transient carnival, circus, or other show; or
(2) A public or private educational institution and zoological garden if:
(a) Their location conforms to the provisions of Chapter 155;
(b) All animals and animal quarters are kept in a clean and sanitary condition as to climate and objectionable odors; and
(c) Animals are maintained in quarters so constructed as to prevent their escape.
(Prior Code, § 9.101) (Ord. 2-97, passed 2-27-1997; Ord. 4-97, passed 3-13-1997) Penalty, see § 130.999
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARCHIVES. A place in which public or institutional records are systematically preserved.
LIBRARY. Any public library, literary society, or bookmobile serving the village.
LIBRARY MATERIAL. Any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic data processing records or other tapes, artifacts or other documentary, written or printed materials, regardless of physical form or characteristics, belonging to, on loan to, or otherwise in the custody of a library.
(B) Possession without consent prohibited. Whoever intentionally takes and carries away, transfers, conceals, or retains possession of any library material without the consent of a library official, agent, or employee and with intent to deprive the library of possession of the material may be subject to a forfeiture as provided by § 10.99.
(C) Concealment. The concealment of library material beyond the last station for borrowing library material in a library is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library’s procedures, or taken with consent of a library official, agent, or employee and which is concealed upon the person or among the belongings of the person, or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material.
(D) Detention based on probable cause. An official or adult employee or agent of a library who has probable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer, or to the person’s parent or guardian in the case of a minor. The detained person shall be promptly informed of the purpose of the detention and be permitted to make telephone calls, but shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. While acting in compliance with this section, the official, agent, or employee affecting the detention shall be entitled to the same defense in any action as is available to a peace officer making an arrest in the line of duty.
(E) Damaging material prohibited. No person shall mar, deface, or in any other way damage or mutilate any library material.
(F) Return demanded. No person shall fail, on demand, to return any library material when such demand has been made in accordance with the rules and regulations duly made and adopted by the library.
(Prior Code, § 9.18) Penalty, see § 130.999
In addition to the provisions set forth in Wis. Stats. § 947.01, it shall be unlawful to urinate or defecate on any street or sidewalk or in public view in the village.
(Prior Code, § 9.19) Penalty, see § 130.999
(A) No person under the age of 18 shall be truant from school as defined in Wis. Stats. § 118.16(1). This section does not apply to a child aged 16 or older whose parent, guardian, or person having legal custody has given written notice to the School Board for withdrawal of that child from school. This section also does not apply in instances enumerated in Wis. Stats. § 118.15(3).
(B) No person under the age of 21 shall possess intoxicating liquor or shall possess fermented malt beverages, except and unless accompanied by a parent or guardian or spouse of legal drinking age.
(Prior Code, § 9.21) Penalty, see § 130.999
(A) No person shall refuse to leave school property upon request of the school principal or a person acting under his or her direction. A violation of this section shall be considered a trespass.
(B) No person shall bring, or cause to be brought, upon school property any intoxicating liquor, fermented malt beverage, or controlled substance, as defined in Wis. Stats. Chapter 961, except and unless with written consent of the school principal.
(Prior Code, § 9.22) Penalty, see § 130.999
(A) Creation. Pursuant to Wis. Stats. § 66.0113, the village hereby elects to use the citation method of enforcement of ordinances, including those ordinances for which a statutory counterpart exists.
(B) Citation. The citation shall contain the following:
(1) The name and address of the alleged violator;
(2) Factual allegations describing the alleged violation;
(3) The time and place of the offense;
(4) The section of the ordinance or the municipal code violated;
(5) A designation of the offense in such manner as can be readily understood by a person making a reasonable effort to do so;
(6) The time at which the alleged violator may appear in court;
(7) A statement which, in essence, informs the alleged violator, as follows:
(a) A cash deposit of a specified amount may be made which shall be delivered or mailed to the Clerk of Courts prior to the time of the scheduled court appearance;
(b) If such a deposit is made, the alleged violator need not appear in court unless he or she is subsequently summoned;
(c) If a cash deposit is made and the alleged violator does not appear in court, he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment imposed by state law, the jail assessment imposed by state law, and the automation fee imposed by state law, not to exceed the amount of the deposit or, if the court does not accept the plea of no contest, a summons shall be issued demanding him or her to appear in court to answer the complaint; and
(d) If no cash deposit is made and the alleged violator does not appear in court at the time specified, an action may be commenced to collect the forfeiture and the penalty assessment imposed by state law, the jail assessment imposed by state law, and the automation fee imposed by state law.
(8) A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under division (B)(7) above has been read. Such statement shall be sent or brought with the cash deposit; and
(9) Such other information as the Village Board deems necessary.
(C) Deposits.
(1) Each citation issued under this section, except those to which division (C)(4) below applies, shall specify a cash deposit as set forth in the Uniform Deposit and Misdemeanor Bail Schedule of the Wisconsin Judicial Conference or, where applicable, the village deposit schedule, which is hereby adopted by reference, which consists of the appropriate forfeiture, the current penalty assessment, the jail assessment, the automation fee, and court costs.
(2) Deposits shall be made in cash, money order, or check to the County Clerk of Courts, who shall provide a receipt therefore.
(3) The penalty assessment imposed by state law, the jail assessment imposed by state law, and the automation fee imposed by state law shall be added to all forfeitures hereunder, except where said forfeitures are derived from citations issued for violations of ordinances for which state law controls or for ordinances involving nonmoving traffic violations. Said assessments shall be in an amount determined after deducting the court costs.
(4) The deposit, including costs, pertaining to any minor receiving a citation under this section shall in no event exceed the maximum penalties provided in Wis. Stats. Chapter 48, plus the penalty assessment imposed by state law, the jail assessment imposed by state law, and the automation fee imposed by state law, except that costs and penalties shall not be assessed against minors unless state law so provides.
(D) Deposit schedule. Every police officer issuing a citation for any violation of this code shall indicate on the citation the amount of the deposit, as provided in division (C) above, that the alleged violator may make in lieu of court appearance.
(E) Issuance of citation. Any law enforcement officer may issue citations authorized under this section.
(F) Procedure. Wis. Stats. § 66.0113(3), relating to a violator’s options and procedure on default, is hereby adopted and incorporated herein by reference.
(G) Nonexclusivity.
(1) Other ordinances. Adoption of this section does not preclude the Village Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.
(2) Other remedies. The issuance of a citation hereunder shall not preclude the village or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance, regulation, or order.
(Prior Code, § 9.23)
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FALSE ALARM. A signal from an alarm system that alerts the Fire Department that results in an emergency response from the Department when a situation of emergency does not exist.
FIRE ALARM. Any device designed for the detection of a fire that alerts the Newburg Fire Department, Inc. of such occurrence and, when activated, gives a signal, either visual or audible or both, and transmits or causes to be transmitted a signal.
(B) Operational requirements.
(1) The property owner shall be responsible for maintaining the alarm system in proper working order.
(2) The owner shall be responsible for responding in case the alarm is activated for the purpose of providing access to the building for firefighters and resetting the alarm. Under no circumstances shall a member of the Fire Department reset an alarm.
(C) False alarms.
(1) After the alarm system has been installed for 30 days, the owner shall be subject to a special charge for each false alarm over three in a 12-month period as follows:
(a) Four to six alarms during a 12-month period as provided in § 36.04;
(b) Seven to nine alarms during a 12-month period as provided in § 36.04; and
(c) Ten or more alarms during a 12-month period as provided in § 36.04.
(2) Any special charge may be waived by the Fire Chief if the owner can show that the alarm system was properly maintained and the false alarm was not the result of the negligence on the part of the owner, or his or her agent or employees.
(3) Special charges for false alarms, as provided division (C)(1) above, shall be billed to the owner and, if not timely paid, shall be placed on the tax roll pursuant to the provisions of Wis. Stats. § 66.0627.
(D) Disconnection of alarm system. Whenever there is a record of an excessive number of false alarms, the Fire Chief may, in writing, require the owner to repair or replace the alarm system within ten days. If the repair or replacement is not made in ten days, the village may order the alarm to be disconnected.
(E) Telephone alarm dialers. Telephone alarm dialers are not permitted to be programmed to direct dial the Fire Department, except by special permission of the Fire Chief.
(Prior Code, § 9.25) (Ord. 102-94, passed 2-24-1994; Ord. 04-2009, passed 10-8-2009; Ord. 03-2019, passed 2-14-2019)
(A) No person shall utilize the E911 emergency telephone number system for any purpose other than to report an emergency.
(B) It shall be unlawful to report an alleged emergency knowing that the fact situation which he or she reports does not exist.
(C) An emergency, under this section, exists when the person reasonably believes that immediate response by public safety personnel is essential due to the risk or actual occurrence of:
(1) Death or great bodily harm;
(2) Property damage; or
(3) Any other situation which mandates the immediate response of public safety personnel.
(Prior Code, § 9.26) (Ord. 102-94, passed 2-24-1994) Penalty, see § 130.999
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