Chapter 10: Public Peace and Good Order
10.01 STATE LAWS ADOPTED
Except as otherwise specifically provided in this code, sections 167.30 (Use of firearms, etc., near park, etc.), 167.31 (Safe use and transportation of firearms and bows.), 939.22(10) (Dangerous weapons/defined.), 941.10 (negligent handling of burning material .), 941.13 (False alarms.), 941.20 (Endangering Safety by use of dangerous weapon.), 941.23 (Carrying concealed weapons.), 941.235 (Carrying firearm in public building ) , 941.24 (Possession of switchblade knife.), 943.01(1) (Criminal damage to property.), 943.13 (Trespass to land), 943.14 (Criminal trespass to dwellings.), 943.15 (Entry onto a construction site or into a locked building, dwelling or room.), 947.01 (Disorderly conduct.), and 948.60 (Possession of a dangerous weapon by a child.) of the Wisconsin Statutes~ except the statutory penalty provisions for the misdemeanors and/or felonies referred to therein are hereby adopted and by this reference made a part of this code as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this code. Any future amendments, revisions or modifications of the said incorporated provisions, shall become a part of this code without the need for further action by the Town.
10.02 ISSUE OF WORTHLESS CHECKS PROHIBITED
(1) Whoever issues any check or other order for the payment of money less than $500.00 which, at the time of issuance, he or she intends shall not be paid is guilty of a violation of this ordinance.
(2) Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for the payment of money, intended it should not be paid:
(a) Proof that, at the time of issuance, the person did not have an account with the drawee; or,
(b) Proof, that at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within five days after receiving notice of non-payment or dishonor to pay the check or other order; or ,
(c) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within five days after receiving notice of non-payment or dishonor to pay the check or other order.
10.03 ACCUMULATION OF JUNK PROHIBITED
(1) No property owner shall permit, on his or her property, the accumulation of junk vehicles, junk appliances, garbage, waste, refuse, trash, used tires or other scrap materials such as metal, paper, rags, cans, bottles, construction debris or any other debris which may create a health or safety hazard or, by its unsightliness, tend to depreciate property values.
The safe and healthy accumulation of such materials out of the public view and in compliance with all applicable State, County and Town regulations is not prohibited by this ordinance.
(2) Definitions
(a) “Junk Vehicles” means disassembled, inoperable, or wrecked motor vehicles (as defined in 340.01(35) Wis. Stats., trucks or truck bodies, tractors, trailers, recreational vehicles, snowmobiles, motorcycles, farm machinery* and similar machines or their components in such state of physical or mechanical ruin as to be incapable of use for their designed purpose and/or incapable of being legally used or operated upon the public roadways due to missing or inoperative parts, flat or removed tires or other defects including lack of valid license plates.
* Farm machinery, whether operable or not, which is kept on lands in agricultural use shall not be considered to be within the definitions or prohibitions of this ordinance.
(b) “Junk Appliance" means any stove, clothes or dish washer, refrigerator, water softener or heater, furnace, air conditioner, fan or other appliance which is incapable of use or, for a period of 30 days is not in use, for its designed purpose.
(3) Violation
(a) Where there is an accumulation of junk contrary to Section 10.03(1) hereof, the Constable or Town Board shall order the property owner to clean the premises, place them in order and make them sightly as specified in the order within not less than ten (10) days from the order.
(b) If the premises are not cleaned, placed in order and made sightly in accordance with the order and within the time specified therein, the property owner is in violation of this ordinance and subject to the penalties hereinafter provided.
(4) Clean-up, Special Assessment
(a) If, after conviction for one or more violations of this ordinance for the same junk accumulation, the premises are not cleaned, placed in order and made sightly in accordance with the original order, the Town Board, upon prior written notice to the property owner and hearing, may, by resolution, arrange to have the premises cleaned up and to have any junk accumulation removed and properly disposed of. Any cost incurred by the Town in so proceeding shall be charged to the property involved and shall be entered on the tax roll as a special assessment against the said property.
10.04 ENFORCEMENT
(a) This code may be enforced by the Town by the issuance of a municipal citation or by action in the Circuit Court.
(b) Enforcement of this code shall not be deemed the exclusive right of the Town and any person may proceed against any other person who may be in violation hereof.
10.05 PENALTIES
Violators of this chapter shall be subject to the penalties set forth in Chapter 17 of this code. In the event the violation is not one for which a bailor deposit schedule has been established as forth in 17.02(1) hereof, violators shall be subject to a Class C forfeiture as set forth in Paragraph 17.02(2). In the event a violator defaults on payment of a forfeiture, he or she may be imprisoned in the County jail until such sum has been paid but not exceeding thirty (30) days.
10.06 TOWN CONSTABLE
With the authorization of the Town meeting of April 13, 1993 the office of Town Constable was established pursuant to Stats. 60.10. The said meeting also set the number of constables at 1 Pursuant to 60.22(4) Stats., the Town Board has the authority to establish the jurisdiction and duties of such constable(s).
10.07 JURISDICTION, POWERS AND DUTIES OF TOWN CONSTABLE
The Town Constable(s) shall have the following jurisdiction, powers and duties:
(a) Direct and regulate traffic and make arrests for violations or traffic crimes and regulations of Chaps. 194 and 341 to 349, Wis. Stats., any Town of Dunkirk Ordinances in conformity with these chapters and for purposes of carrying out such duties shall be considered a traffic officer as defined in Sec. 340.01(70), Wis. Stats.
(b) Serve within the County of Dane any writ, process, order or notice, and execute any order, warrant or execution lawfully directed to or required to be executed by him or her by any court or officer.
(c) Inform the District Attorney of the County of Dane of all trespasses on public lands on which he or she has knowledge or information.
(d) Cause to be enforced and prosecuted all violations of the Town of Dunkirk Town Ordinances of which he or she has knowledge or information.
(e) Act on behalf of the Town Board of the Town of Dunkirk as directed to:
(1) See that orders of the Town Board of the Town of Dunkirk and ordinances of the Town of Dunkirk are obeyed.
(2) See that peace and order are maintained in the Town of Dunkirk.
(3) Obtain necessary assistance, if available, in case of emergency, except as provided under Ch. 166, Wis. Stats., for emergency government.
10.08 NONEXCLUSIVITY
(1) Definitions. Adoption of this ordinance does not preclude the Town 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 jurisdiction powers and duties of the Town Constable of the Town of Dunkirk as stated herein shall not preclude the Town Board of the Town of Dunkirk or any other Town officer of the Town of Dunkirk from proceeding under any ordinance or law or by any other enforcement method to enforce any ordinance, regulation or order.
10.09 CONFLICT AND SEVERABILITY
The provisions of this ordinance shall be deemed severable and it is expressly declared that the Town Board would have passed the other provisions hereof irrespective of whether or not one or more provisions may be declared invalid. If any provision hereof or the application thereof to any person or circumstances is held invalid~ the remainder of the ordinance and the application of such provisions to other persons or circumstances shall not be affected thereby.
10.10 REGULATION OF DISCHARGE OF FIREARMS
(1) DEFINITIONS.
(a) TOWN means the Town of Dunkirk
(b) FIREARM has the meaning specified in s. 167.31 (1)(c), Wis. Stats.
(c) RIFLE for the purposes of this ordinance means a firearm or airgun designed to be fired from the shoulder by the energy of an explosive propellant or by compressed air, used to fire a single projectile for each pull of the trigger through a rifled or smooth barrel. This includes any firearm having a grooved (i.e. rifled) barrel that, upon discharge, projects a round or elongated projectile. For the purposes of hunting deer, muzzle-loading firearms and shotguns which fire a single projectile are not considered rifles. A shotgun of IO-gauge, 12-gauge, 20-gauge, or 41O-gauge being operated with a rifled barrel for the discharge of shotgun slugs shall not be considered to be a rifle under this ordinance.
(d) MUZZLE-LOADER means any smoothbore muzzle-loading firearm of not less than .45 caliber and any rifled muzzle-loading firearm of not less than .40 caliber, discharged from the shoulder and muzzle-loading handguns not less than .44 caliber with a minimum barrel length of 7 inches measured from muzzle to breech face that fire a single projectile weighing not less than 138 grains.
(e) SHOTGUN means a smoothbore barreled firearm designed to shoot pellets. Rifled shotgun barrels of at least 18 inches in length are considered to be shotguns if they fire a single projectile and are of the following gauges: 10, 12, 16, 20, 28.
(f) SPORT SHOOTING RANGE means an area within a bona fide business or club or association that is designed, equipped and operated for the practice of weapons used in hunting, skeet shooting and similar sport shooting.
(3) RIFLE PROHIBITION
No person shall discharge, or cause the discharge of, any rifle larger than .22 caliber rimfire or any center-file rifle .22 caliber or larger, within the Town, during any gun deer hunting season.
(4) DISCHARGE OF FIREARMS NEAR HIGHWAYS OR TOWN OWNED LAND
(a) No person shall discharge, or cause the discharge of any firearm across any Town highway or within 50 feet of the center of any roadway in the Town.
(b) No person shall discharge any firearm on any property owned by the Town.
(5) EXCEPTIONS
Unless otherwise indicated, the prohibitions of this ordinance shall not apply to:
(a) Any peace officer(s) in the performance of his, her, their duties.
(b) Any member of the U. S. armed forces or the national guard in the performance of his, her, their duties.
(c) Any private security person as defined in s. 440.26(1m)(h), Wis. Stats., who meets all of the requirements under s. 167.31(4)(a)(4), Wis. Stats.
(d) Activities upon any bona fide Sport Shooting Range.
(e) Any property owner or adult occupant of any real estate within the Town may discharge any rifle upon the premises so owned or occupied as aforesaid, provide such discharge is for the sale purpose of protection of life, subject to s. 939.48, Wis. Stats., and property subject to s. 939.49, Wis. Stats.
(6) PENALTY FOR VIOLATION
Any violation of this section shall be subject to a forfeiture of not less than $200.00 nor more than
$500.00, together with any and all applicable court costs, fees and costs of prosecution.
(7) SEVERABILITY
In the event that any section of this ordinance shall be declared or adjudged by a court of
competent jurisdiction to be invalid or unconstitutional, such adjudication shall in no manner affect the
other sections of this ordinance, which shall be in full force and effect as if the said section(s) were not
originally a part thereof.
10.11 - SLOW NO WAKE AREA
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(a) Wake Prohibited. No person shall operate a motorized water vehicle at a speed in excess of slow-no wake on the waters of the Yahara River North of the Dunkirk Dam in the Town of Dunkirk. (Map)
(b) Definition, The term “slow-no wake” means that speed at which a board moves as slowly as possible while still maintaining steerage control.
