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(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
(A) It shall be unlawful for a person less than 17 years of age to be present at or upon any public assembly, building, place, street, highway, or other public place or way at the following times:
(1) For persons less than 13 years of age, between 9:00 p.m. and 6:00 a.m. the following day on any day of the week; and
(2) For persons at least 13 years of age, but not yet 17 years of age:
(a) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day; and
(b) Between 12:01 a.m. and 6:00 a.m. Saturday and Sunday.
(B) (1) It is a defense to a violation under this section that the child engaged in the prohibited conduct while:
(a) Accompanied by the child’s parent, legal guardian, custodian, sibling, stepbrother, or stepsister at least 18 years of age;
(b) Accompanied by an adult at least 21 years of age approved by the child’s parent, guardian, or custodian.
(c) Participating in, going to, or returning from:
1. Employment which the laws of this state authorize a person less than 17 years of age to perform;
2. A school recreational activity;
3. A religious event;
4. An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
5. An activity involving the exercise of the child’s rights protected under the First Amendment to the United States Constitution or Article 1, §§ 3 and 4 of the Constitution of the State of Wisconsin, or both; and
6. An activity conducted by a non-profit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adult.
(2) A citation for violation of division (A) above may be issued by a police officer only if he or she reasonably believes that a violation has occurred and none of the defenses enumerated in this division (B) apply.
(C) It is unlawful for a parent, legal guardian, custodian, or other person to knowingly permit a person in his or her custody or control to violate provisions of division (A) above. It shall be a rebuttable presumption that a person has violated this section if someone under 17 years of age of whom such person has custody or control is present upon any public assembly, building, business, street or highway, or other public place or public way in violation of division (A) above, and none of the defenses enumerated in division (B) above apply.
Penalty, see § 130.999
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