Chapter 10- Public Peace, Orderly Conduct and Traffic
(All Forfeitures are referenced in the Town of Gibraltar Fee Schedule, Ord. 2022-31 Abbreviated Fee and Forfeiture Schedule)
10.01- State traffic; enactment of traffic regulations.
The Board of Supervisors of the Town of Gibraltar is granted authority for adopting this ordinance under its general 60.10(2)(c) and 60.22(3), Wisconsin Statutes. The Town Board Adopts this Ordinance under its general village powers authority and 66.1014 of the Wisconsin Statutes, 2917 Act 59.
The Wisconsin State Traffic Laws are hereby adopted, presently found in Wis. Stats. chs. 340, 341, 342, 343, 344, 345, 346, 347, 348, and 350 and Wis. Stats. §§ 941.01, 941.02 and 941.03, for the purpose of regulations and policing of traffic in the city.
The State of Wisconsin Revised Uniform State Traffic Deposit Schedule is hereby adopted.
Any future amendments, revisions or modifications of statutes or uniform state traffic deposit schedule incorporated herein are intended to be made part of this chapter in order to secure uniform statewide regulation of traffic on the highways, streets, and alleys of the state.
The Town adopts and authorizes the use of citations for the enforcement of any traffic violation, including those for which there is a statutory counterpart. The citation for must comply with the form provided for in Wis. Stats. § 66.0113(1)(b).
10.125 – Road speed limits.
General Provisions
On the basis of a certain engineering and traffic investigation heretofore made, the speeds on the highways or parts thereof indicated below are determined and declared to be reasonable and safe pursuant to the provisions of Section 349.11, Wisconsin Statutes, and subject to the approval of the State Highway Commission, shall be the speed limits on such highways, streets or parts thereof upon erecting and placing appropriate signs giving notice of such limits. No person shall drive a vehicle in excess of such speed limits.
(A) The speed limit shall be forty-five (45) miles per hour on the following roads:
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- Peninsula Players Road, from its intersection with County Trunk Highway A, to its intersection with Gibraltar Bluff Road.
- Spring Road, from its intersection with Peninsula Players Road, to its intersection with Wandering Road.
- Juddville Road, from its intersection with County Trunk Highway A, to its intersection with White Cliff Road.
- Gibraltar Road, from its intersection with County Highway Trunk A, to its intersection with Maple Grove Road.
- Maple Grove Road, from its intersection with County F to Gibraltar Road.
- Maple Grove East, from its intersection with County Trunk Highway F, to its intersection with West Meadow Road.
- West Meadow Road, that part belonging to the Town of Gibraltar lying within its intersection with Maple Grove East, to its intersection with County Trunk Highway F.
- Highland Road, from its intersection with County Trunk Highway A, to its intersection with County Trunk Highway F.
- Little Marsh Road, from its intersection with County A, to its intersection with County EE.
- Wandering Road, from its intersection with Spring Road, to its intersection with Peninsula Players Road.
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(B) The speed limit shall be Forty (40) miles per hour on the following roads:
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- Maple Grove Road from its intersection with Gibraltar Road, to the border of the Village of Ephraim (Ephraim-Gibraltar Airport driveway).
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(C) The speed limit shall be Thirty-five (35) miles per hour on the following roads:
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- White Cliff Road, from its intersection with Juddville Road, southerly to the boundary of the Town of Gibraltar.
- Gibraltar Road, from its intersection with County Trunk Highway A, to its Intersection with County Trunk Highway 42.
- Spring Road, from its intersection with Wandering Road, to its intersection with County Trunk Highway F.
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(D) The speed limit shall be Twenty-five (25) miles per hour on the following roads:
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- Streets in the unincorporated village of Fish Creek, excluding State Trunk Highway 42, extended easterly, more or less, to a point 200 feet northeast of its intersection with Gibraltar Road.
- Daisy Patch Road, from its intersection with Highway 42, to its intersection with Wildflower Patch Road.
- White Cliff Road, from its intersection with Juddville Road, southerly to the Town of Egg Harbor boundary.
- Cottage Row Road, from its intersection with Gibraltar Bluff Road, to its intersection with State Highway 42.
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(E) The speed limit shall be Twenty (20) miles per hour on the following roads:
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- Cottage Row Road, from its intersection with Spruce Street, to its intersection with Gibraltar Bluff Road.
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Penalty is considered a forfeiture.
10.02 - Discharging firearms within Harbor Limits.
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- No person shall discharge a firearm, air gun, spring loaded gun, cross bow, or bow and arrow withing the Fish Creek Harbor located in the Town of Gibraltar
- This shall not apply to law enforcement acting under official capacity including local, state and federal authorities.
- Under special circumstances, a permit may be issued by the Town of Gibraltar Police Department.
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Penalty is a forfeiture.
Town Ordinance Reference: 2020-05
10.03 - Throwing stones and other missiles prohibited.
Generally. No person shall throw or shoot any object, stone, snowball or 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 town.
Penalty is a forfeiture.
Town Ordinance Reference: 2022-26
10.04 – Sale and Discharge of fireworks restricted.
The Town hereby elects under Wis. Stats. § 167.10(5) to regulate the sale, possession, and use of fireworks.
Penalty is a forfeiture.
Town Ordinance Reference: 2022-25
10.05 - 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 town, 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 egress to or from any place of business or amusement, church, public hall or meeting place.
Penalty is a forfeiture.
10.06 - Disorderly conduct prohibited.
No person shall, within the town:
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- In any public or private place, engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.
- No person shall disturb, molest or annoy any public assemblage.
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Penalty is a forfeiture.
Town Ordinance Reference: 2022-02
10.07 - Disorderly conduct with a motor vehicle.
No person shall, within the Town of Gibraltar, on public or private property, by or through the use of a motor vehicle, motorcycle, snowmobile, minibike, ATV, or any other motorized vehicle, engage in violent, dangerous, abusive, unreasonably loud or otherwise disorderly conduct, including but not limited to unnecessary, deliberate or intentional; spinning of wheels, squealing of tires, revving of the engine, blowing of the horn, causing the engine to backfire, causing the vehicle in motion to raise one or more of its wheels off the ground or causing the vehicle to otherwise be operated in an erratic or dangerous manner under circumstances which tend to cause or provoke a disturbance.
Penalty is a forfeiture.
10.08 - Urinating or defecating on property.
No person shall, within the Town of Gibraltar, urinate or defecate on any public property including public ways, public streets, sidewalks, boulevards, parkways, safety zones, alleys, public parking lots, or on the property of another unless toilet facilities are used.
Penalty is a forfeiture.
Town Ordinance Reference: 2022-13
10.09 - Unreasonable, excessive, and unnecessary noise prohibited.
The Town of Gibraltar recognizes that excessive noise is a serious threat to the public health and welfare, public safety, quality of life and property values. Therefore, it is the policy of the Town to prevent and abate excessive noise which may jeopardize the public health, safety or welfare or which would cause harm to property values, or which would impair the quality of life within the Town.
Penalty is a forfeiture.
Town Ordinance Reference: 2022-24
10.10- Obedience to officers.
No person shall, without reasonable excuse or justification, resist or in any way interfere with any officer of the city while such officer is doing any act in his/her official capacity and with lawful authority.
Penalty is a forfeiture.
10.11- Firearms in public buildings.
General Provisions
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- Pursuant to § 943.13(1m)(c)4., Wis. Stats., no person shall enter or remain in any part of a building owned, occupied or controlled by the state or local governmental unit if the state or local governmental unit has notified the person not to enter or remain in the building while carrying a firearm or a specific type of firearm.
- Signs meeting the requirements of § 943.13(2)(bm)1, Wis. Stats. shall be erected at all entrances to all buildings owned, occupied or under the control of the Town of Gibraltar providing notice that no person is to enter or remain in any such building while carrying a firearm.
- Nothing in this subsection shall be construed to apply to prohibit a peace officer or military personnel armed in the line of duty or any person duly authorized by the chief of police to possess a firearm in any public building. Notwithstanding § 939.22(22), Wis. Stats., for purposes of this paragraph, peace officer does not include a commission warden who is not a state certified commission warden.
- Nothing in this subsection shall be construed to authorize the carrying of any firearm or dangerous weapon contrary to § 941.23 or 941.235, Wis. Stats.
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Penalty is a forfeiture.
Town Ordinance Reference: 2022-20
10.12 - Reserved.
10.13 - Loitering prohibited.
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- Loitering or prowling prohibited. No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself/herself or manifestly endeavors to conceal himself/herself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall prior to any arrest for an offense under this section afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him/her to identify himself/herself and explain his/her presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace 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 or peace officer at the time, would have dispelled the alarm.
- Loitering in Public Parking Prohibited
- Loitering in the Vicinity of a school prohibited.
- Obstructing of traffic by loitering.
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Penalty is a forfeiture.
10.14 Damage to Property
State Statutes Adopted – Authority
The Board of Supervisors of the Town of Gibraltar is granted authority for adopting this ordinance under its general 60.10(2)(c) and 60.22(3), Wisconsin Statutes. The Town Board Adopts this Ordinance under its general village powers authority and 66.1014 of the Wisconsin Statutes, 2917 Act 59.
As used in this article, the following terms shall have the meanings indicated:
Intentionally
That the actor either has a purpose to do the thing or cause the result specified or believes that his act, if successful, will cause that result.
Property of Another
Property in which a person other than the actor has a legal interest which the actor has no right to deface or impair, even though the actor may also have a legal interest in the property.
General Provisions
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- Sec. 943.01, Wis. Stats., or as subsequently amended or revised, to the extent such prohibits damage to property is hereby incorporated by reference and made a part of this ordinance as if fully set forth herein.
- Conduct which is the same as or similar to that prohibited by Sec. 943.01 Wis. Stats., or as subsequently amended or revised, is prohibited by this ordinance.
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Penalty is a forfeiture.
Town Ordinance Reference: 2022-04
10.15 –Alcohol Beverages: Possession in Certain Public Places Prohibited
Purpose
Public property and public places within the town should be readily accessible and available to residents and the public at large. The consumption of alcoholic beverages in these areas can constitute a public health and safety hazard that adversely impacts neighborhoods, commercial areas, and the general welfare of the Town. It is the Town’s intent to promote the use and enjoyment of public property and public places while balancing special events where alcoholic beverages may be permitted with appropriate conditions and regulations in place.
State Statutes Adopted – Authority
The Board of Supervisors of the Town of Gibraltar is granted authority for adopting this ordinance under its general 60.10(2)( c) and 60.22(3), Wisconsin Statutes. The Town Board Adopts this Ordinance under its general village powers authority and 66.1014 of the Wisconsin Statutes, 2917 Act 59.
General Provisions
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- No person shall consume any intoxicating liquor, wine or fermented malt beverage while in or upon public streets, alleys, sidewalks, parking lots, bridges or other public ways. This section shall not apply to town park areas.
- All purchases of wine, alcoholic or fermented malt beverages by the glass, can, or in open containers shall be consumed on the licensed premises where served and shall not be removed to thoroughfares, streets, parking lots, sidewalks, bridges or public ways within the town.
- No person shall be in possession of any glass, can or open container containing intoxicating liquor, wine or fermented malt beverages on any thoroughfare, public street, alley, sidewalk, parking lot, bridge or any other public way within the town.
- No licensee of premises licensed for the consumption on such premises of intoxicating liquor, wine or fermented malt beverages, his employees, or agents, shall permit any person to remove from such premises, in an open container, glass or can, any intoxicating liquor, wine, or fermented malt beverages which was purchased on such premises.
- This section shall not apply in areas and during hours for which a special permit has been issued allowing the consumption of alcohol beverages, wine, or malt beverages on such public street or thoroughfare, alley, sidewalk, parking lot, bridge or public way.
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10.16 – Littering prohibited.
No person shall throw or otherwise deposit any trash, debris, rubbish, waste or other litter upon any street, alley, sidewalk, or other public property or into or upon the surface of any lake or creek or upon any private property without permission of the owner.
Penalty is a forfeiture.
Town Ordinance Reference: 2022-22
10.17– Possession of Marijuana.
General Provisions
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- This ordinance shall apply to individuals possessing less than one ounce of marijuana.
- It shall be a violation of this ordinance for any person to possess and or use marijuana, unless the marijuana was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by Chapter 161, Wisconsin Statutes.
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Penalty is a forfeiture.
Town Ordinance Reference: 2022-01
10.18– Permit Parking Lots.
General Provisions
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- Issuance of permits: Parking permits shall be issued by the Town whereby vehicles displaying a valid parking permit may park in specifically identified municipal parking lots/areas within the Town. Permits must be displayed a current, valid parking permit issued by The Town of Gibraltar, in a clear manor identified by the Town, free of obstruction and visible to inspection.
- Permits may be issued as follows:
Upon application to the Town Clerk's office, parking permits may be issued to the operator of a motor vehicle for parking in restricted areas. The fee for each space shall be set forthinthe official fee schedule on file in the Town clerk's office. The fee shall be paid in advance to the Town treasurer's office. - Limit on permits issued: The Town shall have the discretion to limit the number of parking permits issued for any municipal parking lot.
- Permit to be displayed: The parking permit is valid only when visibly and properly displayed on the vehicle when parked in the designated municipal parking lot.
- Other restrictions to apply: Permits do not guarantee a parking space. Permits may be temporarily suspended for snow removal, emergency or construction purposes.
- All designated permit required lots or spaces will be clearly identified by sign.
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Penalty is a forfeiture.
10.19– Parking Prohibited.
Prohibited Parking
No motor vehicle of any kind may park in a way that:
- Obstructs traffic or view of traffic
- Blocks driveways
- Parks against direction of traffic flow
- Double parks
- Parks in a location that is restricted by signage
- Parks in any manner that would be viewed as improper
- All night parking prohibited.
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- No person shall park any vehicle on any of the streets of the Township between 4:00 a.m. and 7:00 a.m. during the period from and including November 1 through April 1 of each year.
- It shall be unlawful for any person or persons to park and leave standing any vehicle, whether attended or unattended, on any access roads or dead-end roads leading to the waters of Green Bay in the Town of Gibraltar between the hours of 11:00 P.M. and 6:00 A.M. in areas where “no parking” signs depicting these hours are erected giving notice thereof.
- Overnight camping prohibited. No person shall camp or maintain a campsite, tent, or mobile recreational vehicle, whether self-propelled or not, or camp overnight on any street or property owned or maintained by the Town.
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- Use of parking stalls. No person shall park any vehicle in any of the streets of the Town so as to protrude, overlap or extend beyond the designated single stall parking area as set forth.
- Parking of unlicensed and inoperable vehicles on city streets prohibited.
No person shall park, or leave parked or unattended, a vehicle on any street or Town parking lot in the Township at any time of day during any period of the year when the vehicle is not licensed to operate upon city streets or is not in operating condition. The term "operating condition" means being capable of being started by the insertion of a key in the ignition and the moving of the vehicle without any further additions to the vehicle or further works on it. - Parking of trailers and motor homes prohibited.
No person shall park, or leave parked and unattended, a trailer of any type, motor home or any motor vehicle, upon the following streets in the Fish Creek district of the Town of Gibraltar. Main Street East of Spruce Street, Maple Street, Cedar Street, Cottage Row, Ula Street. No Travel Trailer, Camper, mobile home, or any variation thereof or a temporary structure of any kind shall be used to conduct business of any kind within the Town of Gibraltar without a Business license Issued by the Town of Gibraltar. (Additional special use permits may also be needed.) - Removal of vehicles for street maintenance.
The owner or possessor of a vehicle shall remove all vehicles within its ownership or possession from the street or alley in the Township upon proper notification from the street department or police department of the Township for maintenance purposes within the time as indicated in the notice and shall prevent such vehicle from being parked upon the designated street or alley for the time period as indicated in the notice. A notice shall be deemed proper notification if it is affixed to the vehicle in a conspicuous place. - Community Center parking
Parking at the Town of Gibraltar Community Center shall be limited to those areas designated by signs and/or markings. The four marked rows located in the rear of the Community Center shall be restricted as follows. No person shall park, stop leave standing any vehicle, whether attended or unattended, for a period of more than 96 hours. - Handicap Parking
The Town Board of Gibraltar hereby establishes areas which are designated as handicapped parking only. Such areas shall be designated by “Handicapped Parking” markings painted on the pavement or Signs designating stalls. It shall be unlawful for any vehicle without proper handicapped designations to park in places designated for handicapped parking. - Ula Street Parking
Parking of vehicles on Ula Street shall be restricted to no parking 11pm-7am.
Penalty is a forfeiture.
Town Ordinance Reference: 2022-09
10.20– Illegal Dumping
General Provisions
Depositing refuse or garbage in private or public dumpster. It shall be unlawful to place, deposit, leave or dump any trash, ashes, broken articles, garbage, junk, refuse or waste material of any kind into any dumpster located in the Town except:
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- Where the dumpster is privately owned or owner consents; or
- Where reasonable excuse or justification exists
- Town recycling site during the designated times and dates specified by the Town of Gibraltar. Only items specified as allowable material shall be accepted. Town Recycling site located behind E3478 County Rd F Fish Creek, WI
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Penalty is a forfeiture.
10.21 – Use of municipal docks. (Also refer to Harbor Chapter)
- Generally. Anyone using the Town municipal docks shall have the permission of the city harbor master to do so, shall obey all rules, regulations and special conditions imposed by the Town relevant thereto and shall pay the appropriate dock rate therefor.
- Town boat ramp use fees.
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- Launch fee. No person shall use a Town boat ramp facility without first paying a daily launch fee, as recommended by the Harbor Commission, and approved by the Town Board, to the dockmaster, Town Clerk/Treasurer or depositing it in the collection box provided. This subsection shall include any boat ramp owned or operated by the Town.
- Annual launch fee. For a person desiring to pay on an annual basis, an annual launch fee is established, as recommended by the Harbor Commission, and approved by the Town Board.
- Determination of fee. Fee amounts shall be recommended by the Harbor Commission and approved by the Town Board.
- Applicability. This subsection is applicable to all craft used or capable of being used as a means of transportation on water.
- Owner liable for violation. The owner of a vehicle involved in a violation of this subsection shall be liable for the violation. It shall be no defense to a violation of this subsection that the owner was not operating the vehicle at the time of the violation.
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Penalty is a forfeiture.
Town Ordinance Reference: 2022-16
10.22– Theft
- No person shall take and carry away, use, transfer, conceal, alter indicia of price or value or retain possession of moveable property of another, the value of which does not exceed $200.00, without his/her consent and with the intent to deprive the owner permanently of possession or the full purchase price of such property.
- The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payment in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of such 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 such merchandise.
- No person shall intentionally fail to return any personal property, the value of which does not exceed $200.00, which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement, within ten days after the lease or rental agreement has expired. This section is not applicable to leases of real estate.
Penalty is a forfeiture.
10.23 – Trespass to land, buildings or other premises.
- No person shall enter or remain on any land or in or on any building or other premises of another after having been notified by the owner or occupant, or an authorized representative of the owner or occupant, or by a police officer who has been authorized by the owner or occupant, not to enter or remain on the premises. The Town of Gibraltar Police are authorized to give such notice with respect to all property owned by the Town.
- A person has received notice from the owner or occupant, or an authorized representative of the owner or occupant, or from a police officer who has been authorized by an owner or occupant, within the meaning of this section if he or she has been notified personally, either orally or in writing, or if the land, building or other premises is posted.
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- Land is considered to be posted under this subsection if posted in accordance with the procedures set forth in § 943.13(2)(a) or 943.13(2)(b), Wis. Stats.
- Buildings or other premises are considered to be posted under this subsection if a sign, at least 11 inches square, is placed at each of the entrances to the building or other premises. The sign must carry an appropriate notice followed by the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the property and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant or an authorized representative of the occupant of the building or other premises. Proof that appropriate signs as provided in this subsection were erected or in existence upon the building or other premises to be protected prior to the event complained of shall be prima facie proof that the building or other premises to be protected were posted as provided in this subsection.
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- This section does not apply to a person entering on the land or other premises, other than the residence or other buildings or the curtilage of the residence or other buildings, of another for the purpose of removing a wild animal as authorized under § 29.59(2), (3) or (4), Wis. Stats.
10.25 - Purchase or possession of tobacco products prohibited.
The provisions of § 938.983, Wis. Stats., relating to purchase or possession of tobacco products are hereby adopted and made a part of this chapter by reference.
Penalty is a forfeiture.
Town Ordinance Reference: 2022-17
10.26 - Restrictions on sale or gift of cigarettes or tobacco products.
The provisions of § 134.66, Wis. Stats., relating to sale or gift of cigarettes or tobacco products, are hereby adopted and made a part of this chapter by reference.
Penalty is a forfeiture.
Town Ordinance Reference: 2022-18
10.27 – Possession of Tobacco, vapor products by minors.
The Board of Supervisors of the Town of Gibraltar is granted authority for adopting this ordinance under its general 60.10(2)(c) and 60.22(3), Wisconsin Statutes. The Town Board Adopts this Ordinance under its general village powers authority and 66.1014 of the Wisconsin Statutes, 2917 Act 59.
Penalty is a forfeiture.
Town Ordinance Reference: 2022-19, 2022-21 Juvenile Bond Schedule.
10.28 – Smoking, tobacco use where prohibited.
The Board of Supervisors of the Town of Gibraltar is granted authority for adopting this ordinance under its general 60.10(2)(c) and 60.22(3), Wisconsin Statutes. The Town Board Adopts this Ordinance under its general village powers authority and 66.1014 of the Wisconsin Statutes, 2917 Act 59.
Penalty is a forfeiture.
10.29 – Sign, display when/where restricted.
Purpose
- Signs provide a medium through which individuals may convey a variety of messages.
- Signs can: adversely affect public health, safety or welfare (e.g., signs that are structurally inadequate; signs that are indiscriminately placed; signs that obstruct views; signs that confuse or distract motorists, bicyclists or pedestrians; signs that interfere with official directional, regulatory or warning signs; and signs with inappropriate types of illumination); displace alternative uses for land; clutter the landscape; adversely affect aesthetic and visual resources; negatively impact (be a detriment to) property values; and pose other problems that legitimately calls for rigorous regulation.
- The purpose of these regulations is to:
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- Promote health, safety, morals, and general welfare.
- Further traffic (vehicle, pedestrian, and bicycle) safety and other public safety interests and goals.
- Preserve and enhance the aesthetic character of the Town of Gibraltar.
- Prevent, reduce, or eliminate blight.
- Protect property values.
- Regulate the color, condition, construction, duration (e.g., time restrictions on signs), form, height, illumination (e.g., distinguish between lighted and unlighted signs), location (e.g., distinguish between on-premise and off-premise signs, signs placed on private property and public property, and signs placed on commercial and residential property), maintenance, construction materials, movement, nature (e.g., distinguish between signs with fixed messages and electronic signs with messages that change), number (e.g., number of signs allowed per mile of roadway), portability, repair, size, and type of signs.
- Allow for adequate communication through signage, while mitigating or eliminating the negative impacts of signs.
- Reflect and support development patterns of the various zoning districts and comprehensive plan-designated core areas.
- Allow adequate and effective dimensional and other physical sign characteristics that protect public safety and provide for the needs of motorists and pedestrians where signs are viewed from a street or roadway.
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Applicability.
- Unless exempted below in (2), any sign altered, erected, located, maintained, moved, or reconstructed after the effective date of this chapter shall conform with all provisions of this chapter.
- Exemptions. The following are exempt from all provisions of this chapter:
- Municipally erected traffic and parking signs.
- Government and other official signs, including:
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- Directional and other official signs, as authorized and in accordance with §84.30(3)(a), Wis. Stats.; §Trans 201.05 Wis. Admin. Code; and Highway Maintenance Manual 09-05-01, Wisconsin Department of Transportation (WisDOT).
- Tourist Oriented Directional signs, as authorized and in accordance with §86.196(1)(a), Wis. Stats., and §Trans 200.08, Wis. Admin. Code.
- Guidance signs (white arrowboard signs) on State Highways 42 and 57, as authorized and in accordance with §Trans 200.03, Wis. Admin. Code.
- Community wayfinding and trailblazing signs, as authorized and in accordance with 2-15-16, Traffic Engineering, Operations & Safety Manual, Wisconsin Department of Transportation.
- Civic display signs and temporary banners, as authorized and in accordance with 13-12-1, Traffic Engineering, Operations, and Safety Manual, Wisconsin Department of Transportation.
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- Signs and sign supporting structures located completely within an enclosed building, and not exposed to view from the outside.
- Seasonal, holiday, or other temporary decorations.
- Flags that have been adopted by the federal, state or local government.
- Flags on lots with only a long-term residential use.
- Signs and sing supporting structures that cannot be seen from a public or private roadway right-of-way, public property, or navigable water.
Prohibited.
- Abandoned or discontinued signs
- Any sign that has been abandoned or discontinued (See §TRANS 201.10(2)(f), Wis. Admin code) shall be removed by the owner or lessee of the property upon which the sign is located, unless the sign’s message is changed in compliance with this Ordinance. Such removal or change of message shall be completed within one (1) year of the date upon which it becomes abandoned for discontinued sign.
- If the owner or lessee fails to remove the sign, the Zoning Administrator shall give the owner sixty (60) days written notice to remove said sign or change its message in compliance with this Ordinance. Upon failure to comply with this notice, the owner or lessee of the property upon which the sign is located shall be subject to prosecution and penalties.
- Animated signs, flashing signs, or sings that scroll or flash text or graphics, except for government signs, traffic lights, signs or signals. This prohibition shall include but not be limited to electronic, variable message, and multiple message signs.
- Inflatable devices or balloon signs.
- Interactive signs.
- Mechanical movement signs, including but not limited to revolving signs, propellers, and search lights.
- Off-premise signs, except for as otherwise exempted from this ordinance from this ordinance in Door County Zoning code 8.04(2), exemptions.
- Reflective signs or signs containing mirrors.
- Signs incorporating beacon lighting.
- Signs placed on or over the roof of a building.
- Signs that are pained or drawn on or affixed to rocks, trees, or other natural features
- Signs that have attached pennants, ribbons, streamers, stings of light bulbs, spinners, or other similarly moving devices that may move or swing as a result of wind pressure.
- Signs that exhibit statements, words, or pictures of obscene or pornographic images, language or subjects.
- Signs that obscure or otherwise interfere with the effectiveness of an official traffic control sign, signal or device.
- Sings that are of a size, location, movement, coloring or manner of illumination that may be confused with or construed as an official traffic control sign or device.
- Sings that obstruct clear visibility of traffic along any public road or intersection of roads or driveways or obstruct or interfere with the driver’s view of approaching, merging, or intersecting traffic.
- Sings advertising activities that are illegal under federal, state, or local laws or regulations.
- Signs that are structurally unsafe or in disrepair.
- Signs that emit smoke, visible vapors, particulate matter, sounds or odors or contain open flames.
- Signs that prevent free ingress or egress from any door, window, or fire espcape, or that prevent free access from on part of a roof to any other part. No sign other than a safety signs hall be attached to a standpipe or fire escape.
- Vehicular signs. That prohibition does not include signs affixed, displayed or painted on vehicles that are primarily and actively used for purposes of transporation.
- Monochrome Flags.
- Portable signs.
General Regulations.
- Signs shall be maintained in safe condition and good repair at all times so that all signs information is clearly legible.
- Materials. Signs shall be constructed out of wood or wood-like product. The town board may consider variances.
- Sign face area. Except as may be otherwise regulated elsewhere in this chapter, no sign face shall be more than 24 square feet in area.
- Sign area shall be measured as the entire surface area of a sign display face upon which copy could be placed; or, if no background or frame, the total area of the smallest rectangle or rentangles that can encompass all words, letters, figures, emblems, and nay other element of the sign’s message. When a sign has more than one display face, the combined surface area of all display faces that can be viewed simultaneously shall be considered the sign face area.
- Signs that consist of, or have attached to them, one or more three-dimensional or irregularly shaped objects, shall have a sign area of the sum of two adjacent vertical sign faces of the smallest cube encompassing the sign or object.
- Two-face signs. Each face may be up to 24 square feet, except that when the interior angle formed by the faces is greater than 45 degrees, or the faces are greater than 18 inches apart, all sides of such sign shall be considered in calculating the sign area.
- Sign Placement.
- Signs shall pertain to an individual, entity or activity conducted on the property upon which the sign is located and shall be located within the area bounded by the buildings, driveways, and parking areas in which the activity is conducted or within 50 feet of that area.
- No portion of a sign shall be located within or over a right-of-way, except for local arrowboard signs as may be allowed in Section 6(7), local arrowboard signs.
- No freestanding sign shall be placed on or over a sidewalk.
- Sign Illumination.
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- No sign may be so illuminated that it interferes with the effectiveness of or obscures an official traffic sign, device, or signal.
- Illuminated signs are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways and that are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or that otherwise interfere with any driver’s operation of a motor vehicle, are prohibited. Glare control shall be achieved primarily through the use of such means as cutoff wattage, aiming angle, and fixture placement. Vegetation screens shall not be employed to serve as the primary means for controlling glare.
- Internal illumination, including neon lighting, must be static in intensity and color.
- External illumination shall be by a steady, stationary light source static in color; shielded; and directed either downward or solely at the sign.
- Freestanding Signs.
- No freestanding signs shall be larger than six (6) square feet total.
- Freestanding signs shall be located at least 5 feet from all side lot lines.
- Sign spacing. The spacing between sign structures shall be measured as a straight-line distance between the closest edges of each sign.
- Incidental signs.
- Incidental signs that display general site information, instructions, directives, or restrictions that are primarily oriented to pedestrians and motor vehicle operators who have entered a property from a public or private right-of-way are allowed in all zoning districts.
- Incidental window signs displaying information such as hours of operation, credit institutions accepted, commercial and civic affiliations, and similar information primarily oriented to pedestrians are allowed in all zoning districts.
- An incidental sign shall not exceed 3 square feet in sign face area.
- Incidental signs shall be informational only and shall not contain a commercial message.
- Local arrowboard signs.
- Local arrowboard signs may be permitted where a change in travel direction is required. A local arrowboard sign that indicates that a use is straight ahead may be permitted only where the person seeking the use might normally follow a min travel route.
- Local arrowboard signs may be allowed in road right-of-way subject to approval from the government entity that controls the right-of-way.
- Local arrowboard signs shall only be permitted in proximity of road intersections, but shall not obstruct clear visibility of traffic along any road or intersection of roads.
- There may be a maximum of on local arrowboard assembly per intersection approave in the same direction of travel.
- No more than one local arrowboard sign for an individual facility shall be permitted in each direction of travel.
- Local arrowboard signs shall measure four (4) feet wide by eight (8) inches high.
- Local arrowboard signs shall be white in color with black lettering.
- Signs indicating a limited duration or one-time event shall be subject to the following requirements:
- No more than one such sign may be erected for each event.
- Each sign shall not exceed 6 square feet.
- The sign shall be removed within 7 days after the event has ended.
Allowances and Restrictions by Use and Zoning District
- If regulations in this section conflict with regulations elsewhere in this chapter, the more restrictive shall govern.
- The allowances outlined in this section are in addition to the allowances for:
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- Incidental signs,
- Signs regarding limited duration or one-time events, and
- Items exempted from this chapter’s regulations.
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- Lots in any zoning district with only a long-term residential use shall be allowed one (1) freestanding sign, not to exceed six (6) square feet in area.
- Lots in any zoning district containing long-term residential use with a home-based enterprise and no other business establishment shall be allowed the following:
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- Up to two (2) freestanding signs, not to exceed six (6) square feet in area per sign.
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- Lots with a business establishment in non-core Single Family-10,000, Single Family Residential-20,000, Single Family Residential-30,000, Small Estate Residential, Rural Residential, High Density Residential, Neighborhood Residential, or CI districts shall be allowed the following:
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- Up to two (2) freestanding signs, provided one of the two is no larger than six (6) square feet and they are separated by a minimum of 15 feet, or one freestanding sign and one building sign.
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- Lots with a business establishment in non-core Natural Area, Exclusive Agricultural, Prime Agricultural, General Agricultural, Countryside, Estate, and Conservation Area, Heartland-3.5, Heartland-5, Heartland-10, or Countryside 5 districts shall be allowed the following:
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- Up to two (2) freestanding signs, provided they are separated by a minimum of 20 feet.
- Building signs, as follows:
- No more than one (1) projecting sign is allowed per business establishment.
- The sign face area of a wall sign shall not exceed 15-percent of the area of the side of the building to which it is attached. If more than one sign is present, the combined sign face area shall not exceed 15 percent of the area of the side of the building to which they are attached.
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- Core area lots in any zoning district with a business establishment and non-core area lots with a business establishment in Commercial Center, Mixed Use Commercial, Recreational Commercial, Light Industrial, Village Commercial or General
Penalty is a forfeiture.
10.30– Prohibition of habitual truancy.
Definitions
Dropout has the meaning given in Wis. Stats. § 118.153(1)(b).
Habitual truant has the meaning given in Wis. Stats. § 118.16(1)(a).
Operating privilege has the meaning given in Wis. Stats. § 340.01(40).
School attendance officer has the meaning given in Wis. Stats. § 118.16(1)(b).
Truant has the meaning given in Wis. Stats. § 118.163(1)(d).
General Provisions
- Prohibition of truancy. No person under 18 years of age shall be a truant. Any person determined to be a truant under this section is subject to any or all of the dispositions available to the court under Wis. Stats. § 118.163(1m) and all subparts thereof which are hereby adopted by reference.
- Prohibition of habitual truancy. No person under 18 years of age shall be a habitual truant. Any person determined to be a habitual truant under this section shall be subject to any or all of the dispositions available to the court under Wis. Stats. § 118.163(2) and all subparts thereof which are hereby adopted by reference.
- Penalty for dropouts. No person who is at least 16 years of age but less than 18 years of age may be a dropout as defined herein. Any person who violates this subsection of the section shall be subject to all penalties and provisions of Wis. Stats. § 118.163(2m) and all subparts thereof which are hereby adopted by reference.
Penalty is a forfeiture.
Town Ordinance Reference: 2022-06, Juvenile Bond Schedule 2022-21
10.31– Animals
State Statutes Adopted – Authority
The Board of Supervisors of the Town of Gibraltar is granted authority for adopting this ordinance under its general 60.10(2)( c) and 60.22(3), Wisconsin Statutes. The Town Board Adopts this Ordinance under its general village powers authority and 66.1014 of the Wisconsin Statutes, 2917 Act 59.
Definitions
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal shall mean all living creatures, not human, endowed with sensation and power of voluntary movement, including mammals, birds, amphibians, and reptiles.
At large means off the premises of the owner and not under the immediate control of the owner or some other person.
Domestic animal means an animal of a species which is generally bred or kept by human beings, and which does not generally exist untamed and in the wild.
Non-domestic and/or wild animal means any native or non-native animal of a species which is generally not bred or kept by human beings, and which generally exists untamed and in the wild, or any animal that is wild, ferocious, or vicious by nature, habit, disposition or character.
Owner means any person who owns, keeps, harbors, or has custody of an animal or any person who resides with a person who owns, keeps, harbors or has custody of an animal. Any person who accepts from an owner the temporary or permanent keeping or custody of an animal shall be considered an owner of the animal.
Public nuisance means any animal to which the following conditions apply:
Animals that are found on any property against the wishes of the owner or lawful occupant of the property. Damages or fouls the property of anyone other than its owner, are dangerous or vicious. Cause unsanitary conditions of enclosures or surroundings. Are diseased or dangerous to human health, that bark excessively or make prolonged and disturbing noises interfering with the peace and quietude of the neighboring property.
Public property includes all streets, sidewalks, boulevards, parks, beaches, and any public right-of-way.
Under restraint means an animal controlled, by a fence, leash and/or its owner's command within or outside the confines of the owner's property.
GENERAL PROVISIONS
Owners to exercise proper control of their animals
Owners shall exercise proper care and control of their animals to prevent them from becoming a public nuisance. A public nuisance is created by any owner who allows excessive, continuous or untimely barking, howling, crying or yelping. Molesting or threatening persons, chasing vehicles, or attacking people or other domestic animals. Running at large on public or private property. Defecating on public property or private property.
Animals in vehicles
No person shall leave any animal in any standing or parked vehicle in such a way as to endanger the animal's health, safety or welfare. An animal control officer, humane officer or police officer is authorized to use reasonable force to remove the animal from the vehicle whenever it appears that the animal's health, safety or welfare will be endangered. Any person violating this section shall bear the full cost and expense incurred by the Town in the care, medical treatment, impoundment cost and disposal of the animal, including the removal from a vehicle as well as the penalty.
Collection of animal waste
All persons keeping animals in the Town, are prohibited from allowing their animals to leave their bodily excrements at large in the Town. Such persons are required to immediately collect such excrements upon being deposited and to dispose of it in a sanitary manner.
Penalty is a forfeiture.
Town Ordinance Reference: 2022-11
10.32– Adopting others State Statutes.
The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the municipality, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 10.32. Chapter 940, Bodily Security; Chapter 941, Crimes Against Public Health and Safety Vehicles, Weapons, Other Dangerous Instrumentalities and Practices; Chapter 942, Crimes Against Reputation, Privacy, and Civil Liberties; Chapter 943, Crimes Against Property, Trespass, Misappropriation, Crimes Against Financial Institutions; Chapter 944, Crimes against Sexual Morality, Sexual Crimes which affect the family, Fornication, Adultery, Gratification, Obscenity, Prostitution; Chapter 945, Gambling; Chapter 946, Crimes Against Government and its Administration, Treason and Disloyal Acts, Bribery and Official Misconduct, Perjury and False Swearing, Interference with Law Enforcement, Other crimes affecting the Administration of Government, Racketeering Activity and Continuing Criminal Enterprise; Chapter 947, Crimes Against Public Peace, Order and Other Interests; Chapter 948, Crimes Against Children; and Chapter 951, Crimes Against Animals.
Penalty is a forfeiture.
10.33– Street Hawkers and Peddlers Prohibited.
Street Hawking and Peddling Prohibited: No person shall engage in the business of a hawker or peddler on State Highway 42, or any of the roads or lands in the unincorporated village of Fish Creek, or on any of the parking spaces or sidewalks adjacent thereto.
General provisions, but is not limited to, all hawkers and peddlers of popcorn, hot-dog, balloons, ice creams, and similar wares, who operate from pushcarts, hand carts, or similar vehicles, or an individual moving about the village on foot, carrying his merchandise.
Penalty is a forfeiture.
Town Ordinance Reference: 1982-05
10.34-10.39– Reserved.
10.40-Juvenile Bond.
The Juvenile fee and forfeiture schedule is established as a basis for the Gibraltar Police department for administering forfeitures to minors.
The Board of Supervisors of the Town of Gibraltar is granted authority for adopting this ordinance under its general 60.10(2)(c) and 60.22(3), Wisconsin Statutes. The Town Board adopts this Ordinance under its general Village Powers authority and 66.1014 of the Wisconsin Statutes, 2917 Act 59.
Penalty is a forfeiture.