CHAPTER 12
MISCELLANEOUS OFFENSES AND PROVISIONS
Sec. 12-1. DISORDERLY CONDUCT.
A person commits disorderly conduct when he knowingly:
(a) Does any act in such unreasonable manner as to alarm or disturb another and to provoke a breach of the peace; or
(b) Transmits in any manner to the fire department of any city, town, village, or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or
(c) Transmits in any manner to another a false alarm to the effect that a bomb or other explosive of any nature is concealed in such place that its explosion would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place; or
(d) Transmits in any manner to any peace officer, public officer, or public employee a report to the effect that an offense has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb or explosive is concealed in such place; or
(e) Enters upon the property of another and for a lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or
(f) While acting as a collection agency as defined in the “Collection Agency Act” or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor, which is designed to harass, annoy or intimidate the alleged debtor; or
(g) Transmits a false report to the Department of Children and Family Services under Section 4 of the “Abused and Neglected Child Reporting Act”; or
(h) Transmits a false report to the Department of Public Health under the Nursing Home Care Act; or department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician-ambulance, or emergency medical technician-paramedic knowing at the time there is no reasonable ground for believing that such assistance
is required.
Sec. 12-2. A person found to be in violation of Section 12-1 of the Code of Ordinances for the Village of New Milford shall be fined not less than Fifty Dollars ($50.00) and not more than Five Hundred Dollars ($500.00) for each offense.
Sec. 12-3. CURFEW
It is unlawful for a person less than eighteen (18) years of age to be present at or upon any public assembly, building, place, street, or highway at the following times unless accompanied and supervised by a parent, legal guardian, or other responsible companions at least twenty-one (21) years of age approved by a parent or legal guardian or unless engaged in a business or occupation which the laws of this state authorize a person less than eighteen (18) years of age to perform:
(a) Between 12:01 A.M. and 6:00 A.M. Saturday;
(b) Between 12:01 A.M. and 6:00 A.M. Sunday;
(c) Between 11:00 P.M. on Sunday to Thursday, inclusive, and 6:00 A.M. on the following day.
Sec. 12-4. PARENTAL RESPONSIBILITY.
It is unlawful for a parent, legal guardian, or other people to knowingly permit a person in his custody or control to violate this Ordinance.
Sec. 12-5. Any person violating any provision of Section 12-3 or 12-4 of the Code of Ordinances for the Village of New Milford shall be fined not less than Five Dollars ($5.00) nor more than One Hundred Dollars ($100.00) for each offense.
Sec. 12-6. NOISE.
A. Purpose of Section.
It is found and declared that:
i. The making and creation of loud, unnecessary, or unusual noises within the limits of the Village is a condition that has existed for some time, and the extent and volume of such noises are increasing.
ii. The making, creation, or maintenance of such loud, unnecessary, unnatural, or unusual noises which are prolonged, unusual, and unnatural in their time, place, and use effective and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the Village.
iii. The necessity in the public interest for the provisions and prohibitions contained in this Section is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions contained and enacted in this Section are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the Village and its inhabitants.
B. Penalty for Violation of Section. Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and/or subject to the penalties set for in Section 1-8 of the Village Code of Ordinances. This Section may be enforced by the Winnebago County Sheriff’s Department and/or the Village.
C. Disturbing, Endangering Health, Peace or Safety of Others.
It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary, or unusual noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others, within the limits of the Village.
D. Acts Specifically Declared to be Violations of this Section. The following acts, among others, are declared to be loud, disturbing, and unnecessary noises in violation of this Section, but such enumeration shall not be deemed to be exclusive, namely:
i. Radios; phonographs; sound-producing or reproducing machines and devices. The using, operating or permitting to be played, used, or operated any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are in the room, chamber or area in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine, or device between the hours of 10:00 p.m. and 7:00 a.m. on Sunday through Thursday; and between the hours of midnight through 7:00 a.m. on Friday and Saturday, in such a manner as to be plainly audible at a distance of ____ feet from the building, structure or area in which it is located shall be prima facie evidence of a violation of this section.
ii. Loudspeakers; amplifiers for advertising. The using, operating, or permitting to be played, used, or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure except with permission of the Village.
iii. Yelling, shouting, hooting, whistling, or singing. Yelling, shouting, hooting, whistling, or singing on the public streets or public property, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort, or repose of persons in any office, or in any dwelling, hotel or other types of residence, or of any persons in the vicinity.
iv. Animals; birds. The keeping of any animal or bird which by causing frequent or long continued noise, including, but not limited to, barking, howling, crying, squawking, chirping, or hissing, which shall disturb the comfort or repose of any persons in the vicinity.
v. Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
vi. Construction or repairing of buildings. The erection (including excavating), demolition, alteration, or repair of any building or structure between the hours of 6:00 p.m. and 7:00 a.m. on weekdays and 6:00 p.m. and 8:00 a.m. on weekends, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the Village.
vii. Schools; courts; churches. The creation of any excessive noise on any street adjacent to any school, institution of learning, church, or court while the same are in use.
viii. Piledrivers; hammers; other power tools or devices. The operation between the hours of 9:00 p.m. and 6:00 a.m. of any piledriver, power mower, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other power tools, saw, or device, the use of which is attended by a loud or unusual noise.
ix. Blowers. The operation of any noise creating blower or power fan unless the noise from such blower or fan is muffled sufficient to deaden such noise.”
E. Noise Permit. Notwithstanding the foregoing provisions, the Village Board may issue a noise permit for special community events, including, but not limited to, parades, carnivals, fairs, festivals, concerts, and fundraisers wherein the noise regulations set forth in this Section may be varied from with respects to such special community events. The Village Board may impose such conditions and regulations as it deems reasonably appropriate on the issuance of a noise permit. Applications for such noise permits may be obtained from the Village Clerk. The fee for such noise permit shall be $________.
REFERENCES
Village of New Milford. “CODE OF ORDINANCES VILLAGE OF NEW MILFORD.” The Village of New Milford, Sept. 2021, villageofnewmilford.com/wp-content/uploads/2022/07/New-Milford-Code-of-Ordinances-September-2021.pdf.
