[HISTORY: Adopted by the Common Council of the City of Shawano 4-7-1982 by Ord. No.
872 as Ch. 8 of the 1982 Municipal Code. Amendments
noted where applicable.]
[Amended by Ord. No. 909; 9-8-1999 by Ord. No. 1419; 1-8-2003 by Ord. No. 1544; 6-8-2004 by Ord. No.
1600; 8-8-2007 by Ord. No. 1686; 11-11-2009 by Ord. No. 1761; 4-19-2011 by Ord. No. 1778; 11-12-2014 by Ord. No. 1854; 4-6-2015 by Ord. No.
1862; 8-12-2015 by Ord. No. 1876]
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 § 20.04 of this Code.[1]
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W.S.A. s.
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Title
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450.11
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Prescription Drugs and Prescription Devices
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939.05
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Parties to Offenses
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939.22
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Words and Phrases Defined
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940.19(1)
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Battery
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940.20
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Battery: Special Circumstances
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940.34
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Duty to Aid Victim or Report Crime
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941.01
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Negligent Operation of Vehicle
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941.10
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Negligent Handling of Burning Materials
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941.12
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Interfering With Fire Fighting
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941.13
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False Alarms
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941.20
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Endangering Safety by Use of Dangerous Weapon
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941.21
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Disarming a Peace Officer
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941.23
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Carrying Concealed Weapon
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941.24
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Possession of Switchblade Knife
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941.37
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Obstructing Emergency or Rescue Personnel
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943.01(1)
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Damage to Property
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943.06
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Molotov Cocktails
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943.13
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Trespass to Land
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943.14
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Trespass to Dwellings
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943.20
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Theft
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943.21
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Fraud on Hotel or Restaurant Keeper or Taxicab Operator
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943.34
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Receiving Stolen Property
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943.50
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Retail Theft
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944.20
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Lewd and Lascivious Behavior
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944.21
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Obscene Material or Performance
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943.215
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Absconding Without Paying Rent
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944.23
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Making Lewd, Obscene or Indecent Drawings
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943.24
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Issue of Worthless Check
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944.30
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Prostitution
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944.31
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Patronizing Prostitutes
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944.33
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Pandering
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944.34
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Keeping Place of Prostitution
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945.01
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Definitions Relating to Gambling
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945.02
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Gambling
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945.03
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Commercial Gambling
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945.04
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Permitting Premises to be Used for Commercial Gambling
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946.40
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Refusing to Aid Officer
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946.41
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Resisting or Obstructing Officer
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946.42
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Escape
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946.44
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Assisting or Permitting Escape
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946.65
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Obstructing Justice
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946.70
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Impersonating Peace Officers
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946.72
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Tampering with Public Records and Notices
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947.01
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Disorderly Conduct
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947.012
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Unlawful Use of Telephones
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947.0125
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Unlawful Use of Computerized Communication Systems
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947.013
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Harassment
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947.015
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Bomb Scares
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947.06
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Unlawful Assemblies and Their Suppression
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951.02
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Mistreating Animals
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951.15
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Abandoning Animals
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(1)
Burning of grass, trash, rubbish, and bonfires regulated.
[Amended 9-9-2015 by Ord.
No. 1873]
(a)
BONFIRE
CAMPFIRE
COMBUSTIBLE REFUSE
PATRON
Definitions.
A large controlled fire built in the open air, for warmth,
entertainment or celebration, consisting mostly of leaves, wood and
brush.
An outdoor fire used for warmth, recreational use or cooking
and consisting of dry, clean wood.
Shall be taken to mean discarded, relatively dry, miscellaneous
materials comprising chiefly wood, paper, rags, excelsior, straw,
leather, rubber, boxes and similar discarded articles of combustible
nature.
As used herein, any person, firm or corporation producing
any type of waste material covered by this section. In case of a firm
or corporation, the word "patron" will be construed to mean the principal
agent, officer or employee responsible for said firm or corporation.
(b)
Bonfires. It shall be unlawful for any patron or person to light
and burn trash, lumber, leaves, straw, or any other combustible refuse
outdoors at any time within the City limits. Before any grass is to
be burned permission must first be received from the Shawano Fire
Department and the fire must be attended at all times and must not
be closer than 30 feet to any buildings.
(c)
Trash burning restricted. No person shall ignite or set afire any
rubbish, wastepaper or refuse in any of the streets or alleys of the
City, or at any place within the fire limits of the City, unless such
rubbish, wastepaper or refuse is confined within a fireproof receptacle
or incinerator, the smoke outlet of which is not lower than the roofs
of the surrounding buildings.
(d)
Exceptions.
1.
This section shall not restrict the use of electric, charcoal, wood
or gas portable or permanent cooking grills sized for normal residential
use, or campfire pits or portable fire pit appliances, with the following
conditions:
a.
Fire pits or portable fire pit appliances shall be located at
least 15 feet from a lot line.
b.
Fire in fire pits or appliances must be no larger than three
feet in diameter and extend no more than two feet above the pit or
appliance.
c.
Smoke from cooking grills, appliances, or fire pits shall not
create a nuisance for neighboring property owners. Law enforcement
officers or fire department officials have the authority to order
fires extinguished if a nuisance is being created.
d.
Open fires shall be constantly attended by a competent person
until such fire is extinguished. In the case of fire pits or open
portable fire pit appliances, the person shall have a garden hose
connected to a water supply or other fire extinguishing equipment
readily available for use.
e.
In the case of multiple-family dwelling premises (three or more),
premises used for commercial or industrial purposes, or premises used
for commercial or industrial purposes with apartments in the structure:
(e)
The Fire Chief may prohibit:
1.
Any or all open fires when atmospheric conditions or local circumstances
make such fires hazardous. The Fire Chief may also permit cooking
grills or fire pits or appliances which do not comply with the specific
requirements set forth upon individual application; provided, however,
that adequate safeguards are maintained. The Chief can revoke said
permission at any time. A variance granted by the Fire Chief will
be for a term not to exceed one year. All variances must be renewed
every year.
2.
At any civic event held under the supervision of the Fire Department,
all burning shall be under the supervision of an adult in attendance.
The Fire Department official at the event will determine if conditions
are safe for the fire. If conditions are deemed to be unsafe, an alternate
date may be chosen by the organizers of the event.
(f)
Penalty. Any person found guilty of the violation of any of the provisions
of this section shall be fined not less than $100 nor more than $1,000.
(2)
Firearms.
(a)
Discharge of firearms. It shall be unlawful for any person to discharge
a firearm, pellet gun or air rifle within the limits of the City at
any time, except for the following:
1.
Law enforcement officers acting in their official capacity.
2.
Private indoor ranges approved by the Chief of Police.
3.
Public ranges approved by the Chief of Police.
5.
Individuals who have received written permission from the Chief of
Police, for the purpose of controlling rodents, pigeons or other mammals
causing damage to property or otherwise constituting a public nuisance;
provided, however, that any person receiving such permission shall
not discharge such firearm in an unsafe manner.
(b)
Prohibiting the carrying of weapons and firearms in municipal buildings.
1.
FIREARM
LAW ENFORCEMENT
WEAPON
Definitions.
A weapon that acts by force of gunpowder.
Any person employed by the State of Wisconsin, or any political
subdivision of this state, for the purpose of detecting and preventing
crime and enforcing laws or ordinances and who is authorized to make
arrests for violations of the laws or ordinances he or she is employed
to enforce.
A handgun, an electronic weapon as defined at Wis. Stats.
§ 941.24, or a billy club.
2.
In addition to the provisions of Wis. Stats. § 175.60,
enumerating places where the carrying of a weapon or a firearm is
prohibited, including exceptions thereto, it shall be unlawful for
any person other than a law enforcement officer to enter a municipal
building while carrying a weapon or a firearm.
3.
Signage. Signs meeting the requirements of Wis. Stats. § 943.13(2)(bm)1
shall be posted in prominent places near all entrances of such buildings
regarding such restrictions.
[2]
Editor's Note: This ordinance provided an effective date of
11-1-2011.
(3)
Throwing or shooting of arrows, stones and other missiles prohibited. Except as provided in Subsection (4) below, no person shall throw or shoot any object, arrow, 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 City.
(4)
Bow hunting and bow fishing regulated.
[Amended by Ord. No. 860; Ord. No. 1029; 3-12-2003 by Ord. No. 1547; 7-12-2006 by Ord. No. 1651; 4-16-2013 by Ord. No. 1821]
(a)
A person shall not hunt with a bow and arrow or crossbow within 100
yards from a building located on another person's land. This restriction
shall not apply if the person who owns the land on which the building
is located allows the hunter to hunt within said 100 yards of the
building.
[Amended 1-13-2016 by Ord. No. 1885]
1.
No person shall construct permanent tree stands within the Industrial
Park.
(b)
Pursuant to W.S.A. s. 29.038, the City Council allows controlled
bow hunting for purposes of harvesting deer pursuant to the guidelines
adopted by the Council. Said controlled bow hunting of deer shall
be administered by the City Administrator or the City Administrator's
designee.
(c)
Subject to restrictions provided herein, bow fishing shall be permitted
in the waters of the Shawano Lake Outlet Channel within the jurisdiction
of the City. Said bow fishing shall also be subject to the laws and
regulations found in W.S.A. s. 29.405, and W.S.A. s. NR 21.06.
(5)
Sale and use of fireworks regulated.
[Amended by Ord. No. 910]
(a)
Definition. The definition of "fireworks" stated in W.S.A. s. 167.10(1)
is hereby adopted by reference.
(b)
Sale regulated. Except as provided in W.S.A. s. 167.10(2) and (4),
no person shall sell, or possess with the intent to sell, fireworks.
(c)
Use regulated. Except as provided in W.S.A. s. 167.10(3), no person
shall possess or use fireworks without a user's permit issued pursuant
to Subsection (5)(d) below.
(d)
User's permit. As provided in W.S.A. s. 167.10(3), fireworks users'
permits may be issued by the Mayor, or other City official designated
by the Mayor. The official issuing the permit shall require a certificate
of liability insurance, or similar proof of coverage, in an amount
he or she deems necessary. A copy of the permit and proof of insurance
shall be filed with the City Clerk, and copies of the permit shall
be given to the Fire Chief and the Chief of Police at least two days
before the authorized use. The fireworks user's permit fee shall be
as set by Council resolution. In addition, the Fire Department may
inspect the site where the fireworks user's permit has been issued
for and there shall be a fee as set by Council resolution which shall
be paid by the applicant at the time of the permit application for
said site inspection.
[Amended 12-8-1999 by Ord. No. 1435]
(e)
Use of certain devices regulated. No person may use fireworks or
devices listed in W.S.A. s. 167.10(1)(e) to (g) and (i) to (n), including,
but not limited to, caps, toy snakes, model rocket engines, sparklers
or cone fountains, at a fireworks display for which a permit has been
issued if the display is open to the general public.
(1)
Disorderly conduct prohibited. No person shall, within the City:
(a)
In any public or private place engage in violent, abusive, indecent,
profane, boisterous, unreasonably loud or otherwise disorderly conduct
which tends to cause or provoke an immediate disturbance of public
order or tends to disturb or annoy any other person or persons.
[Amended 8-7-2002 by Ord. No. 1531]
(b)
Intentionally cause, provoke or engage in any fight, brawl, riot
or noisy altercation other than a bona fide athletic contest.
(2)
Intoxicating liquors.[1]
[Amended by Ord. No. 878]
(a)
ALCOHOL BEVERAGES
FERMENTED MALT BEVERAGES
INTOXICATING LIQUORS
LEGAL DRINKING AGE
UNDERAGE PERSON
Definitions.
Fermented malt beverages and intoxicating liquor.
[Added by Ord. No. 877]
Any liquor or liquid capable of being used for beverage purposes,
made by the alcoholic fermentation of an infusion in potable water
of barley, malt and hops, with or without unmalted grains or decorticated
and degerminated grains or sugar containing 1/2 of 1% or more of alcohol
by volume.
All ardent, spirituous, distilled or vinous liquors, liquids
or compounds, whether medicated, proprietary, patented or not, and
by whatever name called, containing 1/2 of 1% or more of alcohol by
volume, which are fit for use for beverage purposes.
Twenty-one years of age.
[Added by Ord. No. 877; amended 9-8-1999 by Ord. No. 1419]
A person who has not attained the legal drinking age.
[Added by Ord. No. 877]
(b)
No person may procure for, sell, dispense or give away any fermented
malt beverages to any underage person not accompanied by his or her
parent, guardian or spouse who has attained the legal drinking age,
or procure for, sell, dispense or give away any intoxicating liquor
to any underage person.
(c)
No adult may knowingly permit or fail to take action to prevent the
illegal consumption of alcohol beverages by an underage person on
premises owned by the person or under the person's control. This paragraph
does not apply to alcohol beverages used exclusively as part of a
religious service.
(d)
No adult may intentionally encourage or contribute to a violation
of Subsection (2)(f) or (g).
(e)
An underage person, not accompanied by his or her parent, guardian
or spouse who has attained the legal drinking age, may not enter or
be on any premises for which a license or permit for the retail sale
of alcohol beverages has been issued for any purpose except the transaction
of business pertaining to the licensed premises with or for the licensee
or his or her employee. The business may not be amusement or the purchase,
receiving or consumption of edibles or beverages or similar activities
of a customer of the premises. This paragraph does not apply to:
1.
An underage person who is a resident, employee, lodger or boarder
on the premises controlled by the proprietor, licensee or permittee
of which the licensed premises consists or is a part.
2.
An underage person who enters or is on a "Class A" retail intoxicating
liquor premises for the purpose of purchasing edibles or beverages
other than alcohol beverages. Any underage person so entering the
premises may not remain on the premises after the purchase.
3.
Hotels, drugstores, grocery stores, bowling alleys, cars operated
by any railroad, regularly established athletic fields, stadiums or
public facilities, as defined in W.S.A. s. 125.51(5)(b)1d, which are
owned by a county or municipality.
4.
Premises in the state fair park, concessions authorized on state-owned
premises in the state parks and state forests as defined or designated
in W.S.A. Chs. 27 and 28 and parks owned or operated by agricultural
societies.
5.
Ski chalets, golf clubhouses and private tennis clubs.
6.
Premises operated under both a Class "B" or "Class B" license or
permit and a restaurant permit where the principal business conducted
is that of a restaurant. If the premises is operated under both a
Class "B" or "Class B" license or permit and a restaurant permit,
the principal business conducted is presumed to be the sale of alcohol
beverages, but the presumption may be rebutted by competent evidence.
7.
An underage person who enters or remains on a Class "B" or "Class
B" premises for the purpose of transacting business at an auction
or market if the person does not enter or remain in a room where alcohol
beverages are sold or furnished.
[Amended 9-8-1999 by Ord. No. 1419]
8.
An underage person who enters or remains in a room on Class "B" or
"Class B" licensed premises separate from any room where alcohol beverages
are sold or served for the purpose of engaging in marching or drilling
with a group of other persons if no alcohol beverages are furnished
or consumed by any person in the room where the underage person is
present and the underage person's presence is authorized under this
subsection. An underage person may enter and remain on Class "B" or
"Class B" premises under this subsection only if the municipality
which issued the Class "B" or "Class B" license adopts an ordinance
permitting underage persons to enter and remain on the premises as
provided in this subsection and the law enforcement agency responsible
for enforcing the ordinance issues to the Class "B" or "Class B" licensee
a written authorization permitting underage persons to be present
under this subsection on the date specified in the authorization.
Before issuing the authorization, the law enforcement agency shall
make a determination that the presence of underage persons on the
licensed premises will not endanger the health, welfare or safety
of the underage persons or other members of the community. The licensee
shall obtain a separate authorization for each date on which underage
persons will be present on the premises.
(f)
Any underage person who does any of the following is guilty of a
violation:
1.
Procures or attempts to procure alcohol beverages.
2.
Knowingly possesses or consumes intoxicating liquor.
3.
Enters or is on licensed premises in violation of Subsection (2)(e)
above.
4.
Falsely represents his or her age for the purpose of receiving alcohol
beverages from a licensee or permittee.
(g)
Any underage person not accompanied by his or her parent, guardian
or spouse who has attained the legal drinking age who knowingly possesses
or consumes fermented malt beverages is guilty of a violation.
(h)
Any underage person who does any of the following is subject to the
penalties specified under Subsection (2)(m)1 or 2 below:
1.
Intentionally carries an official identification card not legally
issued to him or her, an official identification card obtained under
false pretenses or an official identification card which has been
altered or duplicated to convey false information. A law enforcement
officer shall confiscate any card that violates this subsection.
2.
Makes, alters or duplicates an official identification card.
3.
Presents false information to an issuing officer in applying for
an official identification card.
(i)
Except as provided in § 14.08 of this Code, no person shall consume any alcohol beverages on public property or unlicensed property open to the public.
(j)
MOTOR VEHICLE
SCHOOL
SCHOOL ADMINISTRATOR
SCHOOL PREMISES
Definitions. The terms used in this paragraph shall be defined as
follows:
A motor vehicle owned, rented or consigned to a school.
A public, parochial or private school which provides an educational
program for one or more grades between grades one and 12 and which
is commonly known as an elementary school, middle school, junior high
school, senior high school or high school.
The person designated by the governing body of a school as
ultimately responsible for the ordinary operations of a school.
Premises owned, rented or under the control of a school.
(l)
Alcohol beverages may be possessed or consumed on school premises,
in motor vehicles or by participants in school-sponsored activities
if specifically permitted in writing by the school administrator consistent
with applicable laws and ordinances.
(m)
Penalties.[2]
1.
Any person violating Subsection (2)(f) or (g) above is subject to
the following penalties:
[Amended 10-9-2002 by Ord. No. 1534]
a.
For a first violation, a forfeiture of not less than $100 nor
more than $200, a suspension of the person's operating privilege as
provided under W.S.A. s. 343.30(6)(b)1, participation in a supervised
work program under W.S.A. s. 125.07(4)(cg), or any combination of
these penalties.
b.
For a violation committed within 12 months of a previous violation,
either a forfeiture of not less than $200 nor more than $300, suspension
of the person's operating privilege as provided under W.S.A. s. 343.30(6)(b)2,
participation in a supervised work program under W.S.A. s. 125.07(4)(cg),
or any combination of these penalties.
c.
For a violation committed within 12 months of two or more previous
violations, either a forfeiture of not less than $300 nor more than
$500, revocation of the person's operating privilege under W.S.A.
s. 343.30(6)(b)3, participation in a supervised work program under
W.S.A. s. 125.07(4)(cg), or any combination of these penalties.
2.
A person who is under 18 years of age on the date of disposition
is subject to W.S.A. s. 938.344, unless proceedings have been instituted
against the person in a court of civil or criminal jurisdiction after
dismissal of the citation under W.S.A. s. 938.344(3).
[Amended 9-8-1999 by Ord. No. 1419]
3.
Any person violating Subsection (2)(k) above is subject to a forfeiture
of not more than $200, except that underage persons are subject to
the penalty as provided in W.S.A. s. 938.344(2).
[Amended 9-8-1999 by Ord. No. 1419]
(3)
Disorderly conduct with motor vehicle.[3]
(a)
No person shall, on public or private property located within the
City, by or through the use of a motor vehicle, motorcycle, snowmobile, all-terrain
vehicle, utility terrain vehicle, or minibike, under circumstances
which tend to cause or provoke a disturbance or annoy one or more
persons, engage in violent, abusive, unreasonably loud or otherwise
disorderly conduct, including but not limited to the unnecessary,
deliberate or intentional spinning of wheels, squealing of tires,
revving of the engine, blowing the horn, causing the engine to backfire
or causing the vehicle while commencing to move or in motion to raise
one or more of its wheels off the ground.
[Amended 4-14-2021 by Ord. No. 1991]
(3.1)
Disturbance of the peace with a motor vehicle. No
person shall use motor vehicle brakes within the City which are in
any way activated or operated by the compression of the engine of
such motor vehicle or any unit or part thereof. The brakes intended
to be prohibited by this subsection are commonly referred to as "compression
brakes." It shall be an affirmative defense to prosecution under this
section that said compression brakes were applied in an emergency
and were necessary for the protection of persons and/or property.
[Added 9-12-2001 by Ord. No. 1497a]
(3.2)
Trespass to a motor vehicle. No person shall enter any motor
vehicle of another without permission of the owner. It is a specific
defense to a charge under this section that the defendant had permission
of the owner's agent for the entry that the entry was for a brief
period of time to secure the vehicle from harm, or was directed or
authorized by a public official.
[Added 10-12-2016 by Ord.
No. 1905]
(4)
Loud and unnecessary noise prohibited. No person shall make or cause
to be made any loud, disturbing or unnecessary sounds or noises such
as may tend to annoy or disturb another in or about any public street,
alley or park or any private residence.
(5)
Unauthorized presence and disorderly conduct on school property prohibited.
(a)
It shall be unlawful for any student who is under suspension, expulsion
or other discipline excluding him or her from attending any school
located within the City or for any person not a student presently
enrolled to attend such schools or not an employee of such schools
or not a parent or guardian of a student so enrolled, or not an otherwise
authorized person, to be present within any school building or upon
any school grounds under the jurisdiction of such schools without
having first secured authorization to be there from the principal
or other person in charge of the school building or school grounds,
except while in direct route to secure such authorization;
(b)
"Authorized person" shall include:
1.
Any person who is present at any school building or school grounds
for any purpose previously authorized by the school or their designee.
2.
Any person transporting a student and who utilizes the driveway specified
for loading and unloading personnel.
3.
Any person utilizing a designated area for attending an athletic
or other organized school event.
(c)
No person shall, in or on any school property or building located
within the City, engage in violent, abusive, indecent, profane, boisterous,
unreasonable, loud or otherwise disorderly conduct which tends to
cause or provoke an immediate disturbance of public order or tends
to disturb or annoy any other person; nor shall such person intentionally
engage in any fight, brawl, riot or noisy altercation other than a
bona fide athletic contest.
(d)
Nonstudents, students from schools other than the school on the property
or students from a school who are not in compliance with the published
rules and regulations of the particular school shall be considered
in violation of this subsection, said published rules and regulations
of the particular school being incorporated herein as if fully set
forth herein.
(e)
All entrances to the school buildings referred to in Subsection (5)(a)
above shall be posted with a notice stating "Entry Into School Building
by Unauthorized Persons Prohibited."
(f)
"Unauthorized presence" shall include any vehicle that is found on
school property which has not received permission to be there or whose
occupants or owners are not on school property for some legitimate
business or activity or which vehicle is parked in an area that regulates
parking to certain authorized vehicles. Such vehicle may be issued
a City summons that regulates parking or may be towed away at the
direction of the school principal or person in charge of such school
building. The Police Department may also have any vehicle towed away
which, because of its location, creates a hazard to life or property.
(g)
No person shall use any tobacco products or material that can be
smoked within any school building or upon any school grounds or property
owned by the Shawano-Gresham School District, or in any vehicle used
for school purposes.
[Added by Ord. No. 992]
(h)
No student or person shall be allowed to remain or loiter upon any portion of the school grounds or building, except in those specifically designated by assignment, with prior approval of the school principal or other faculty members. Loitering shall have the meaning as set forth in § 8.04(1) of this Code.
[Added 11-11-1998 by Ord. No. 1381]
(6)
Unauthorized presence on fairgrounds property prohibited.
(a)
It shall be unlawful for any person to be on the fairground property
or inside the buildings located on the fairground property at any
time other than when the fairground property is open to the public.
(b)
"Unauthorized presence" shall include a vehicle which is found on
fairground property which has not received permission to be there
or those occupants or owners who are not on the premises for some
legitimate business or activity.
(c)
No person shall mar, injure, destroy or deface, or aid in injuring,
destroying or defacing, any property which is located on the fairground
property.
(d)
This section shall not be applicable to:
1.
Members of the Fair Board or guests who are on the premises for the
purpose of conducting business or maintenance purposes.
2.
Members of the public who are on the premises for conducting of or
participating in activities which are open to the public.
3.
Any person who is on the fairground property or inside of buildings
located on the fairground property who has previously obtained permission
from the Fair Board.
(e)
All main entrances to the fairground property shall be posted with
a notice stating "Entry into fairground by unauthorized persons prohibited."
(7)
Marijuana, possession and use.
(a)
MARIJUANA
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
All parts of the plant cannabis sativa L., whether growing
or not, the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture
or preparation of the plant, its seeds or resin.
(b)
It shall be unlawful for any person to possess, deliver, sell or
use marijuana or a marijuana derivative. This subsection shall include,
but not be limited to, those persons who possess, deliver, sell or
use marijuana or a marijuana derivative in any amount and include
those persons who are charged under this subsection for a first offense.
(c)
Any person who shall violate any provision of this subsection shall,
upon conviction, be subject to a forfeiture of not less than $250
nor more than $500 for the first offense. Any person convicted of
a second or subsequent offense under this subsection may be fined
an amount up to twice that otherwise authorized.[7]
[Amended 10-9-2002 by Ord. No. 1533]
(d)
This subsection shall not apply to a person who has obtained or possesses
marijuana directly from or pursuant to a valid prescription or order
of a practitioner while acting in the course of his or her professional
practice. However, the burden of proof to prove such exception shall
be on the person claiming it.
(7.1)
Synthetic cannabinoid prohibited.
[Added 11-10-2010 by Ord. No. 1770]
(a)
Findings.
1.
The City Council of the City of Shawano has determined that herbal
preparations powdered or sprayed with a chemical synthetic cannabinoid
may be available for sale within the City of Shawano that claim to
produce intoxicating effects similar to THC or marijuana; and
2.
While the substances are not yet categorized as illegal controlled
substances under Wisconsin or federal law, several other countries,
states, and municipalities have already taken action to prohibit these
substances due to increased overdoses and other negative health concerns;
and
3.
While these synthetic cannabinoid substances are often marketed as
benign and legal alternatives to marijuana, they are potentially dangerous
to users as the substances can create potency from three up to 100
times greater than marijuana, produce severe adverse health conditions
such as hallucinations, paranoia, seizures, and vomiting based on
reported emergency room experiences in areas of the country where
use is more prevalent, and further that long-term health effects of
use of these substances are not yet known.
4.
It has been determined that the effects of these substances are a
health, safety, and welfare concern to the citizens of the City of
Shawano.
(b)
Possession, use and sale are illegal. It shall be illegal for any
person to use, possess, purchase, attempt to purchase, sell, publicly
display for sale or attempt to sell, give, or barter any one or more
of the following chemicals, whether under the common street or trade
names of "Spice," "K2," "Genie," "Yucatan Fire," "fake" or "new" marijuana,
or by any other name, label, or description:
1.
Salvia divinorum or salvinorum A; all parts of the plant presently
classified botanically as salvia divinorum, whether growing or not,
the seeds thereof; any extract from any part of such plant, and every
compound, manufacture, salts derivative, mixture or preparation of
such plant, its seeds or extracts;
2.
(6aR,10aR)-9-(hydroxymethyl)-6,6dimethyl-3-(2methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo[c]chromen-1-01 - some trade or other names:
HU-210;
3.
1-Pentyl-3-(1-naphthoyl) indole - some trade or other names: JWH-018\spice;
4.
1-Butyl-3-(1 naphthoyl) indole - some trade or other names: JWH-073;
5.
1-(3 {trifluoromethylphenyl}) piperazine-some trade or other names:
TFMPP; or
6.
Any similar structural analogs.
(c)
Medical or dental use allowed. Acts otherwise prohibited under Subsection
(7.1)(b). shall not be unlawful if done by or under the direction
or prescription of a licensed physician, dentist, or other medical
health professional authorized to direct or prescribe such acts, provided
that such use is permitted under state and federal laws.
(8)
Interference with radio and television reception. No person shall
operate, or cause to be operated, any machine, device, apparatus or
instrument of any kind whatsoever within the City which shall cause
reasonably preventable electrical interference with radio or television
reception within said municipal limits. However, X ray pictures, examination
or electrical treatments under direct instructions of any duly registered
physician, chiropractor or dentist may be made at any time if the
machine or apparatus used therefor is properly equipped to avoid all
unnecessary or reasonably preventable interference and is not negligently
operated.
(9)
Car race provisions.
[Added by Ord. No. 1068A]
(a)
Time limit. No person, corporation, partnership or association shall
sponsor, manage, authorize, conduct, operate or engage in any car
racing, speed contest or endurance racing after the time set by Council
resolution.
[Amended 7-9-2003 by Ord. No. 1560]
(b)
Mufflers required. All motor vehicles which are used in any car racing,
speed contest or endurance racing shall be equipped with a muffler
comparable to the specifications of the muffler commonly known as
"super trapp automotive series" with eight to 18 discs to be used
as needed to properly muffler motor exhaust. Other brand mufflers
with similar specifications may be used if permitted by Shawano Track
Officials. Mufflers are to be replaced when unable to function at
factory specifications.
(c)
Exhaust pipe requirements. All motor vehicles used in any car racing,
speed contest or endurance racing shall be equipped with exhaust pipes
which are placed in downward position. If any said motor vehicle is
used in any type of the aforementioned events at any race track, then
the exhaust pipes shall be positioned so as to be pointed toward the
inside of said track, to be enforceable by January 1, 1991.
(10)
Regulation of smoking in City-owned buildings.
[Added by Ord. No. 1106; amended 7-7-1999 by Ord. No. 1410]
(a)
No person may smoke or use any tobacco products in any City-owned
buildings. "Smoking" means carrying a lighted cigar, cigarette, pipe
or other lighted smoking equipment. This prohibition shall not apply
to City-owned residential units.
(11)
Purchase or possession of cigarettes, tobacco or vaping products
by person under age 18 prohibited.
[Added by Ord. No. 1169; amended 9-8-1999 by Ord. No. 1419; 6-20-2008 by Ord. No. 1709; 6-12-2019 by Ord. No. 1971]
(a)
CIGARETTE
MINOR
POSSESSION OF A TOBACCO PRODUCT
PUBLIC PLACE
TOBACCO PRODUCT
USE A TOBACCO PRODUCT OR VAPOR PRODUCT
VAPOR PRODUCT
Definitions. The terms used in this paragraph shall be defined
as follows:
Any roll of tobacco wrapped in paper or any substance other
than tobacco. This definition appears in W.S.A. § 139.30(1),
and any amendments thereto.
A person who is less than 18 years of age.
Either actual physical control of the tobacco product without
necessarily owning that product, or the right to control the tobacco
product even though it is in a different room or place than where
the person is physically located.
A public street, sidewalk, or park or any area open to the
general public in a publicly owned or operated building or premises,
or in a public place of business or school.
Includes cigars; cheroots; stogies; periques; granulated,
plug cut, crimp cut, ready-rubbed or other smoking tobacco; snuff;
snuff flower; Cavendish; plug and twist tobacco; fine cut or other
chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings
of tobacco or other kinds and forms of tobacco prepared in such manner
as to be suitable for chewing or smoking in a pipe or otherwise, or
both for chewing or smoking; but "tobacco products" does not include
cigarettes, as defined under Subsection (11)(a) above. This definition
appears in W.S.A. § 139.75(12), and any amendments thereto.
There are new tobacco-less products commonly referred to as "electronic
cigarettes," "e-cigarettes," "e-cigars," "e-cigarillos," "e-pipes,"
"e-hookahs," "electronic nicotine delivery systems," and "cartridges
and vapor products" which allow the user to simulate cigarette smoking.
These products may be purchased by minors and are being marketed without
age restrictions or health warnings and come in different flavors
that appeal to young people.
To smoke, chew, suck, inhale, or otherwise consume a tobacco
product or vapor product.
Any product containing or delivering nicotine, lobelia, or
any other substance intended for human consumption that can be used
by a person to simulate smoking in the delivery of nicotine or any
other substance through inhalation of vapor from the product. Electronic
delivery device shall include any component part of such a product
whether or not sold separately. Electronic delivery device shall not
include any product that has been approved or otherwise certified
by the United States Food and Drug Administration for legal sales
for use in tobacco cessation treatment or other medical purposes and
is being marketed and sold solely for that approved purpose.
(b)
Prohibited conduct.
1.
Consistent with Wis. Stats. § 254.92, a minor shall
not do any of the following:
a.
Purchase or attempt to purchase a tobacco product or vapor product.
b.
Possess or attempt to possess a tobacco product or vapor product.
c.
Use a tobacco product or vapor product in a public place.
d.
Present or offer to an individual a purported proof of age that
is false, fraudulent, or not actually his or her own proof of age
for the purpose of purchasing, attempting to purchase, possessing,
or attempting to possess a tobacco product or vapor product.
2.
No individual, regardless of age, who is enrolled in secondary
school may possess or attempt to possess a tobacco product or vapor
product while on school property.
3.
An individual who violates Subsection (11)(b)1 shall be subject
to the penalties listed in the juvenile bond schedule.
4.
An individual who violates Subsection (11)(b)2 shall be subject
to the penalties as provided in W.S.A. § 254.92.
5.
Subsection (11)(b)1 does not apply to a minor participating
in any of the following:
a.
An undercover operation in which the minor purchases or receives
a tobacco product or vapor product under the direction of the minor's
employer and with the prior approval of the local prosecutor's office
as part of an employer-sponsored internal enforcement action.
b.
An undercover operation in which the minor purchases or receives
a tobacco product or vapor product under the direction of the state
police or a local police agency as part of an enforcement action,
unless the initial or contemporaneous purchase or receipt of the tobacco
product or vapor product by the minor was not under the direction
of the state police or the local police agency and was not part of
the undercover operation.
c.
Compliance checks in which the minor attempts to purchase tobacco
products for the purpose of satisfying federal substance abuse block
grant youth tobacco access requirements, if the compliance checks
are conducted with the prior approval of the state police or a local
police agency.
6.
Subsection (11)(b)1 does not apply to the handling or transportation
of a tobacco product or vapor product by a minor under the terms of
that minor's employment.
7.
This section does not prohibit an individual from being charged
with, convicted of or found responsible for, or sentenced for any
other violation of law that arises out of the violation of Subsection
(11)(b)1.
(c)
Exception for employment. A child may purchase or possess cigarettes
or tobacco products for the sole purpose of resale in the course of
employment during his or her working hours if employed by a retailer
licensed under W.S.A. § 134.65(1).
(d)
A person under 18 years of age, but not under 15 years of age,
may purchase, attempt to purchase or possess cigarettes or tobacco
products in the course of his or her participation in an investigation
under W.S.A. § 254.916 that is conducted in accordance with
W.S.A. § 254.916(3).
(e)
Penalties. Any person violating the provisions of this subsection
shall be subject to the penalties as provided in W.S.A. § 254.92.
(12)
Installation and operation of emergency alarm systems and prohibition
of false alarms.
[Added by Ord. No. 1305]
(a)
ALARM SYSTEM
ALARM SYSTEM OPERATOR
FALSE ALARM
1.
2.
3.
4.
5.
Definitions. The following terms shall have the meanings indicated:
Any device designed for the detection of an unauthorized
entry of a structure or enclosure, unlawful acts, fire or other emergency
which, when activated, produces a signal, visual or audible or both,
which signal is caused to be transmitted to the general area surrounding
the premises so as to give notice to the general public and/or which
signal is caused to be transmitted to the Police Department or Fire
Department by way of an alarm operator or receiver located in the
Police or Fire Department building.
Any person or business who sells, leases or operates a receiving
station for one or more alarm systems.[10]
Any of the following:
The unintentional activation of an alarm system by the owner
or the lessee of an alarm system or of an employee or agent of either.
The activation of an alarm system by mechanical failure or malfunction
caused by improper maintenance of the alarm system.
The activation of an alarm system caused by improper installation
and/or use of the equipment.
The intentional activation of an alarm system where no unauthorized
entry, commission of unlawful act or fire exists.
The above subparagraphs do not include false alarms caused by
abnormal weather conditions, acts of God or prior arrangements made
for testing of the alarm system.
[10]
Editor's Note: The former definition of "authorized alarm
system," which immediately followed, was repealed 4-11-2001 by Ord.
No. 1491.
(b)
Installation and operation.
1.
Receivers. No receiver to be used for the reception of signals
from alarm systems shall be installed in the City Police or Fire Department
building, unless and until the following conditions have been met:
2.
Connection. No alarm system shall be connected to a receiver
located in the City Police or Fire Department building, unless and
until a connection fee of $10 is paid to the City.
(c)
Existing authorized systems. No connection fee shall be collected
from any alarm system operator for any alarm system already connected
to a receiver located in the City Police or Fire Department Building.
(d)
Response of City to alarm. The installation and/or operation
of an alarm system shall not give rise to any cause of action or claim
or attach any liability to the City for any reason whatsoever, and
the City shall be under no duty or obligation to any person having
an alarm system for whatever reason, including but not limited to
any defects in an alarm system, any delays in response or delays in
transmissions.
(e)
Prohibitions. No person owning, using or possessing an alarm
system or transmitting information regarding an alarm system shall
cause or permit the giving of a false alarm, whether intentional,
accidental or otherwise.
(f)
Penalties.[11] Penalties for violation of this section shall be as follows:
1.
For the first and second false alarm within a calendar year
resulting in the dispatching of City police or fire personnel, the
alarm system operator shall receive a written warning.
2.
For the third and fourth false alarms within a calendar year
resulting in the dispatching of City police or fire personnel, the
alarm system operator shall pay a forfeiture of $50, plus court costs,
fees and assessments.
3.
For the fifth and subsequent false alarms within a calendar
year resulting in the dispatching of the City police or fire personnel,
the alarm system operator shall pay a forfeiture of $1,800, plus court
costs, fees and assessments.
[Amended 1-10-2007 by Ord. No. 1667]
4.
The Chief of Police or Fire Chief, at their discretion, may
order disconnection of any alarm system which accumulates six or more
false alarms within a calendar year.
5.
No false alarms of authorized alarm systems shall be counted
for purposes of this section during the first 60 days following connection.
(12.1)
Abuse of 911 system.
[Added 10-9-2013 by Ord. No. 1830]
(a)
Findings. The Common Council of the City of Shawano hereby determines
that the 911 telephone system is a critical component in the emergency
response system and abuses of this system waste 911 dispatchers' valuable
time and potentially delays the response of emergency personnel to
true emergencies.
(b)
Prohibition. Any person who, after being warned his/her use
of the 911 telephone system is improper, uses the 911 telephone system
for any reason other than because of an emergency is guilty of an
infraction.
(c)
Definition. For purposes of this section "emergency" means any
condition in which a reasonable person would believe emergency services
will result in the saving of a life, a reduction in the destruction
of property, quicker apprehension of a criminal, assistance with potentially
life-threatening medical problems, a fire, a need for rescue, an imminent
potential crime, or a similar situation in which immediate assistance
is required. "Emergency" also includes calls to 911 the purpose of
which is to prevent an emergency response from being initiated when
no such response is needed.
(d)
Penalties. Any person who shall violate the provisions of this
section shall be subject to a penalty of a forfeiture of not less
than $100 nor more than $1,000, provided, however, that for the first
and second false alarm within a year, the caller/operator shall receive
a written warning.
(13)
Restrictions on sale or gift of cigarettes or tobacco products.
[Added 9-2-1998 by Ord. No. 1372]
(a)
CIGARETTE
DISTRIBUTOR
IDENTIFICATION CARD
JOBBER
MANUFACTURER
RETAILER
SCHOOL
STAMP
SUBJOBBER
TOBACCO PRODUCTS
VENDING MACHINE
VENDING MACHINE OPERATOR
Definitions. In this section:
The meaning given in W.S.A. s. 139.30(1).
Any of the following:
Any of the following:
The meaning given in W.S.A. s. 139.30(6).
Any of the following:
Any person licensed under W.S.A. s. 134.65(1).
The meaning given in W.S.A. s. 118.257(1)(d).
The meaning given in W.S.A. s. 139.30(13).
The meaning given in W.S.A. s. 139.75(11).
The meaning given in W.S.A. s. 139.75(12).
The meaning given in W.S.A. s. 139.30(14).
The meaning given in W.S.A. s. 139.30(15).
[12]
Editor's Note: W.S.A. s. 125.08 was repealed by 1989 Act 31.
(b)
Restrictions.
1.
No retailer, manufacturer or distributor may sell or give cigarettes
or tobacco products to any person under the age of 18, except as provided
in W.S.A. s. 938.983(3). A vending machine operator is not liable
under this paragraph for the purchase of cigarettes or tobacco products
from his or her vending machine by a person under the age of 18 if
the vending machine operator was unaware of the purchase.
2.
Posting of signs.
a.
A retailer shall post a sign in areas within his or her premises
where cigarettes or tobacco products are sold to consumers stating
that the sale of any cigarette or tobacco product to a person under
the age of 18 is unlawful under this section and W.S.A. s. 938.983.
b.
A vending machine operator shall attach a notice in a conspicuous
place on the front of his or her vending machines stating that the
purchase of any cigarette or tobacco product by a person under the
age of 18 is unlawful under W.S.A. s. 938.983 and that the purchaser
is subject to a forfeiture of not to exceed $25.
3.
Vending machine operators.
a.
Except as provided in Subsection (13)(b)4, no retailer may keep
a vending machine in any public place that is open to persons under
the age of 18 unless all of the following apply:
b.
The person who ultimately controls, governs or directs the activities
within the premises where the vending machine is located shall ensure
that an employee of the retailer remains in the immediate vicinity,
plain view and control of the vending machine whenever the premises
is open.
c.
Except as provided in Subsection (13)(b)3d, a vending machine
operator shall remove all of his or her vending machines that are
located in any place prohibited by this paragraph by June 1, 1992.
d.
Notwithstanding Subsection (13)(b)3c, if a written agreement
binding on a vending machine operator governs his or her vending machine
that is located in any place prohibited by this paragraph, the vending
machine operator shall remove the vending machine on the date that
the written agreement expires or would be extended or renewed or on
May 1, 1993, whichever occurs first.
4.
Vending machines in proximity of schools.
a.
Notwithstanding Subsection (13)(b)3, no retailer may place a
vending machine within 500 feet of a school.
b.
Except as provided in Subsection (13)(b)4c, a vending machine
operator shall remove all of his or her vending machines which are
located within 500 feet of a school by September 1, 1989.
c.
Notwithstanding Subsection (13)(b)4b, if a written agreement
binding on a vending machine operator governs the location of his
or her vending machine which is located within 500 feet of a school,
the vending machine operator shall remove the vending machine on the
date that the written agreement expires or would be extended or renewed
or on May 1, 1993, whichever occurs first.
5.
No manufacturer, distributor, jobber, subjobber or retailer,
or their employees or agents, may provide cigarettes or tobacco products
for nominal or no consideration to any person under the age of 18.
6.
No retailer may sell cigarettes in a form other than as a package
or container on which a stamp is affixed under W.S.A. s. 139.32(1).
(c)
Defense of retailer, manufacturer and distributor. Proof of
all of the following facts by a retailer, manufacturer or distributor
who sells cigarettes or tobacco products to a person under the age
of 18 is a defense to any prosecution for a violation of Subsection
(13)(b)1:
1.
That the purchaser falsely represented that he or she had attained
the age of 18 and presented an identification card.
2.
That the appearance of the purchaser was such that an ordinary
and prudent person would believe that the purchaser had attained the
age of 18.
3.
That the sale was made in good faith, in reasonable reliance
on the identification card and appearance of the purchaser and in
the belief that the purchaser had attained the age of 18.
(d)
Penalties.[13]
1.
In this paragraph, "violation" means a violation of Subsection
(13)(b)1, 3, 4, 5 or 6.
2.
A person who commits a violation is subject to a forfeiture
of:
3.
A court shall suspend any license or permit issued under W.S.A.
s. 134.65, 139.34 or 139.79 to a person for:
a.
Not more than three days, if the court finds that the person
committed a violation within 12 months after committing one previous
violation;
b.
Not less than three days nor more than 10 days, if the court
finds that the person committed a violation within 12 months after
committing two other violations; or
c.
Not less than 15 days nor more than 30 days, if the court finds
that the person committed the violation within 12 months after committing
three or more violations.
4.
The court shall promptly mail notice of a suspension under Subsection
(13)(d)3 to the Department of Revenue and to the Clerk of each municipality
which has issued a license or permit to the person.
5.
Whoever violates Subsection (13)(b)2 shall forfeit not more
than $25.
(14)
Defecating or urinating in public places. It shall be unlawful for
any person to defecate or urinate outside of designed sanitary facilities,
upon any sidewalk, street, alley, public parking lot, park, playground,
cemetery or other public area within the City, or upon any private
property in open view of the public, or in the halls, stairways or
elevators of public or commercial buildings, or to indecently expose
his/her person.
[Added 1-7-2009 by Ord. No. 1737]
(15)
Sexual
offender residency restrictions.
[Added 9-8-2010 by Ord. No. 1768]
(a)
Findings
and intent.
1.
Repeat sexual offenders, sexual offenders who use physical violence,
and sexual offenders who prey on children are sexual predators who
present an extreme threat to the public safety. Sexual offenders are
extremely likely to use physical violence and to repeat their offenses,
and most sexual offenders commit many offenses, have many more victims
than are ever reported, and are prosecuted for only a fraction of
their crimes. This makes the cost of sexual offender victimization
to society at large, while incalculable, clearly exorbitant.
2.
It is the intent of this subsection not to impose a criminal
penalty, but rather to serve the City's compelling interest to promote,
protect and improve the health, safety and welfare of the citizens
of the City by creating areas around locations where children regularly
congregate in concentrated numbers wherein certain sexual offenders
and sexual predators are prohibited from establishing temporary or
permanent residence.
(b)
CHILD
DESIGNATED OFFENDER/SEX OFFENDER
MINOR
PERMANENT RESIDENCE
SAFETY ZONE
TEMPORARY RESIDENCE
Definitions.
The following words, terms and phrases, when used in this subsection,
shall have the meanings ascribed to them in this section, except when
the context clearly indicates a different meaning:
A person under the age of 16 for the purposes of this subsection.
Any person who is required to register under § 301.45,
Wis. Stats., for any sexual offense or any person who is required
to register under § 301.45, Wis. Stats., and who has been
designated a special bulletin notification (SBN) sex offender pursuant
to § 301.46(2) and (2m), Wis. Stats.
[Amended 3-9-2016 by Ord.
No. 1888]
A person under the age of 18.
A place where the person abides, lodges or resides for 14
or more consecutive days.
Any real property that supports or upon which there exists
any facility used for or that supports a school for children, licensed
day-care center, library, park, recreational trail, playground, place
of worship, or any other place designated by the City as a place where
children are known to congregate.
A place where the person abides, lodges, or resides for a
period of 14 or more days in the aggregate during any calendar year
and which is not the person's permanent address, or a place where
the person routinely abides, lodges, or resides for a period of four
or more consecutive or nonconsecutive days in any month and which
is not the person's permanent residence.
(c)
Sexual
offender and sexual predator residence prohibition; penalties; exceptions.
1.
Prohibited
location of residence. It is unlawful for any designated offender
to establish permanent residence or temporary residence within 1,500
feet of any school, licensed day-care center, park, trail, playground,
place of worship, or any other place designated by the City as a place
where children are known to congregate.
2.
Prohibited
activity. It is unlawful for any designated offender to participate
in a holiday event involving children under 18 years of age, such
as distributing candy or other items to children on Halloween, wearing
a Santa Claus costume on or preceding Christmas or wearing an Easter
Bunny costume on or preceding Easter. Holiday events in which the
offender is the parent or guardian of the children involved, and no
nonfamilial children are present, are exempt from this subsection.
3.
Measurement
of distance.
a.
For purposes of determining the minimum distance separation,
the requirement shall be measured by following a straight line from
the outer property line of a school, licensed day-care center, park,
trail, playground, place of worship, or any other place designated
by the City where children are known to congregate.
b.
The Department of Public Works shall maintain an official map
showing prohibited locations as defined by this subsection. The Department
of Public Works shall update the map at least annually to reflect
any changes in the location of prohibited zones. These shall be designated
on the map as child safety zones.
4.
Penalties. A person who violates this subsection shall be punished
by a forfeiture not exceeding $500. Each day a person maintains a
residence in violation of this subsection constitutes a separate violation.
The City may also seek equitable relief.
5.
Exceptions. A designated offender residing within a prohibited
area as described in Subsection (15)(c)1 does not commit a violation
of this subsection if any of the following apply:
a.
The person established the permanent residence or temporary
residence and reported and registered the residence pursuant to § 301.45,
Wis. Stats. before the effective date of this subsection.
b.
The person is a minor and is not required to register under
§ 301.45 or § 301.46, Wis. Stats.
c.
The school, licensed day-care center, library, park, trail,
playground, place of worship, or any other place designated by the
City as a place where children are known to congregate within 1,500
feet of the person's permanent or temporary residence was opened after
the person established the permanent or temporary residence and reported
and registered the residence pursuant to § 301.45, Wis.
Stats.
d.
The person was placed by a circuit court judge or other member
of the judicial system in the county jail, work release center or
other similar facility.
[Added 3-9-2011 by Ord. No. 1776]
e.
The person has been placed in a temporary living center/residence
or temporary living placement facility by the Department of Corrections
under electronic monitoring, there is an owner or designated agent
residing at the temporary living center/residence or temporary living
placement facility and the offender meets with and must be approved
by the City of Shawano Sexual Predator Ordinance Committee for placement.
[Added 3-9-2011 by Ord.
No. 1776; amended 9-9-2015 by Ord. No. 1881]
(d)
Safety
zones.
1.
A sex offender shall not enter upon or be present upon or within
a safety zone.
2.
Safety zone exceptions. A sex offender who enters upon or who
is present upon or within a safety zone does not commit a violation
of this subsection if any of the following apply:
a.
The property also supports a church, synagogue, mosque, temple
or other house of religious worship, subject to all of the following
conditions:
b.
The property also supports a use lawfully attended by a sex
offender's natural or adopted child(ren), which child's use reasonably
requires the attendance of the sex offender as the child's parent
upon the property, subject to the following condition:
i
The sex offender's entrance and presence upon the property occurs
only during hours of activity related to the use as posted to the
public.
c.
The property also supports a polling location in a local, state,
or federal election, subject to all of the following conditions:
i
The sex offender is eligible to vote;
ii
The property is the designated polling place for the sex offender;
and
iii
The sex offender enters the polling place property,
proceeds to cast a ballot with whatever usual and customary assistance
is to any member of the electorate, and vacates the property immediately
after voting.
d.
The property also supports a school lawfully attended by a sex
offender as a student which circumstances the sex offender may enter
upon the property supporting the school at which the sex offender
is enrolled, for such purposes and at such times are reasonably required
for the educational purposes of the school.
e.
The property also supports a court, government office or room
for public government meetings, subject to all of the following conditions:
(e)
Property
owners prohibited from renting real property to certain sexual offenders
and sexual predators; penalties.
1.
It is unlawful to let or rent any place, structure, or part
thereof, trailer or other conveyance, with the knowledge that it will
be used as a temporary or permanent residence by a person prohibited
from establishing such permanent or temporary residence pursuant to
this subsection, if such place, structure, part thereof, trailer or
conveyance is located within a prohibited location zone described
in Subsection (15)(c)1.
2.
A property owner's failure to comply with the provisions of
this subsection shall constitute a violation of this subsection, and
shall subject the property owner to the penalties contained in Subsection
(15)(c)4 of this subsection.
(f)
Property
owners and sales agents prohibited from selling real property to certain
sexual offenders and sexual predators; penalties.
1.
It is unlawful for any owner, real estate broker, or real estate
sales person to participate in the sale of any place, structure, or
part thereof, trailer or other conveyance, with the knowledge that
it will be used as a temporary or permanent residence by a person
prohibited from establishing such permanent or temporary residence
pursuant to this subsection, if such place, structure, part thereof,
trailer or conveyance is located within a prohibited location zone
as described in Subsection (15)(c)1.
2.
Failure to comply with the provisions of this subsection shall
constitute a violation of this subsection, and shall subject the person
violating this subsection to the code enforcement provisions procedures
as provided in this subsection.
(g)
Appeal. The above requirements may be waived with the approval
of the Council upon appeal by the affected party. Such appeal shall
be made to the Sexual Offenders Appeals Board which shall receive
reports from the Police Department on such appeal. Said Board shall
have authority to make the decision on the applicant's appeal, with
said decision to be final. The Chair of said Board shall report to
the Council on the action taken by the Board, but said report shall
be for informational purposes only.
[Amended 1-13-2016 by Ord. No. 1887]
(h)
Revocation of waiver. In the event that a sex offender is successful
in his or her appeal under Subsection (15)(d)2g of this subsection
and subsequently commits another offense of a sexual and/or violent
nature, the Sexual Offenders Appeals Board retains the authority to
revoke its decision to waive the requirements of this subsection.
The Board's decision on this matter will be final, and said decision
will be reported to the Council for informational purposes only.
[Amended 3-9-2011 by Ord.
No. 1777; 1-13-2016 by Ord. No. 1887]
(i)
Severability.
The provisions of this subsection shall be deemed severable, and it
is expressly declared that the Common Council would have passed the
other provisions of this subsection irrespective of whether or not
one or more provisions may be declared invalid. If any provisions
of this subsection or the application to any person or circumstance
is held invalid, the remainder of the subsection or the application
of such other provisions to other persons or circumstances shall not
be affected.
(16)
[15]Failure to obey lawful order. It shall be unlawful for
any person to fail to obey the direction or order of a police officer
while such officer is acting in an official capacity and carrying
out his or her duties.
[Added 2-11-2009 by Ord. No. 1739]
(17)
Panhandling/aggressive panhandling.
[Added 4-6-2015 by Ord.
No. 1863]
(a)
AGGRESSIVE BEHAVIOR
PANHANDLING
PUBLIC PLACE
Definitions.
Engaging in any conduct with the intention of intimidating
another person into giving away money or goods, including, but not
limited to, intentionally approaching, speaking to or following a
person in a manner that would cause a reasonable person to fear imminent
physical injury or the imminent commission of a criminal act upon
the person or upon the property in the person's immediate possession;
intentionally touching another person without consent; or intentionally
blocking or interfering with the free passage of a person.
Begging, soliciting, or asking for any item of value; attempting
to sell or obtain compensation for an item or service for an amount
that is at least twice its value, or an item or service that is already
offered or available at no charge to the general public; or attempting
to sell or obtain compensation for an item or service under circumstances
that would lead a reasonable person to conclude that the payment is
in substance to a donation.
An area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots,
automobiles (whether moving or not), and buildings open to the general
public including those which serve food or drink, or provide entertainment,
and the doorways or entrances in buildings or dwellings and the grounds
enclosing them.
(b)
Prohibited.
1.
It shall be unlawful for any person to engage in the act of
panhandling when either the panhandler or the person being solicited
is located at any of the following locations:
a.
In any public transportation vehicle/taxi cab or public transportation
facility.
b.
In a vehicle which is parked or stopped on a public street or
alley.
c.
In a restaurant.
d.
In a school.
e.
In a public park.
f.
Within 20 feet in any direction from an automated teller machine
or entrance to a bank.
2.
It shall be unlawful for any person to engage in the act of
aggressive panhandling in any public place within the city.
(18)
Bullying and harassment.
[Added 4-18-2016 by Ord.
No. 1890]
(a)
Findings. The Common Council of the City of Shawano has determined
that bullying and harassment disrupt the safe environment in the City;
interfere with one's ability to succeed or excel in a safe environment
in the City; and interfere with one's ability to participate in or
benefit from programs, activities, worksites and opportunities offered
to the community. The Common Council further finds that it is in the
public interest to assure that every person is valued and respected
regardless of perceived differences, and may live free from bullying,
harassment and intimidation.
(b)
BULLYING
COURSE OF CONDUCT
HARASSMENT
Definitions. As used in this section, the following terms shall
have the following meanings, unless the context clearly indicates
that a different meaning is intended:
A form of harassment and is defined as an intentional course
of conduct which is reasonably likely to intimidate, emotionally abuse,
slander, threaten or intimidate another person and which serves no
legitimate purpose.
A pattern of conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose.
Any conduct, whether verbal, physical, written, or by means
of any mode of communication, which:
(c)
Bullying and harassment prohibited. It shall be unlawful for
any person to engage in any bullying or harassment of a person or
induce another person to engage in such bullying or harassment.
(d)
Retaliation prohibited. No person shall retaliate against any
person who reports any conduct which is prohibited by this section.
(e)
Constitutionally protected activity. This section shall not
be construed to apply to any constitutionally protected activity or
speech.
(f)
Parental responsibility. It shall be unlawful for any custodial
parent or guardian of any unemancipated person under 18 years of age
to allow or permit such person to violate the provisions of Subsection
(18)(c) or (d) above. The fact that prior to the present offense a
parent, guardian or custodian was informed in writing by a law enforcement
officer of a separate violation of Subsection (18)(c) or (d) by the
same minor occurring within ninety (90) days prior to the present
offense shall constitute a rebuttable presumption that such parent,
guardian or custodian allowed or permitted the present violation.
(1)
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 actor takes flight upon the appearance of a police or peace
officer, refuses to identify himself or herself under circumstances
which leads the officer to believe a crime has been or will be committed,
or manifestly endeavors to conceal himself or herself or any object.
Unless flight by the actor or other circumstances makes it impracticable,
a police or peace officer shall, prior to any arrest for an offense
under this subsection, afford the actor an opportunity to dispel any
alarm which would otherwise be warranted by requesting him or her
to identify himself or herself and explain his or 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 actor
was true, and if believed by the police or peace officer at the time,
would have dispelled the alarm.
(a)
Obstruction of highway. No person shall obstruct any street, bridge,
sidewalk or crossing by lounging or by one's presence in or upon the
same after being requested to move on by any police officer.
[Added by Ord. No. 1194]
(b)
Obstruction of traffic. No person shall encroach upon the public
streets, alleys, sidewalks, street crossings or bridges or in any
other public place within the City in such manner as to prevent, interfere
with or obstruct the ordinary free use of such public sidewalks, streets,
street crossings and bridges or other public places by persons passing
along and over the same.
[Added by Ord. No. 1194]
(c)
Presence after being requested to move. No person shall encroach
upon or be present upon the public streets, sidewalks or adjacent
doorways or entrances, street crossings or bridges or in any other
public place or on any private premises without invitation from the
owner or occupant after being requested to move by any police officer
or by any person in authority at such places if such presence causes
or tends to cause other persons to fear for their safety.
[Added by Ord. No. 1194]
(d)
Presence in public places. No person shall encroach upon, lounge
or loaf in or about any depot, theater, dance hall, restaurant, store,
public sidewalk, public parking lot or other place of assembly or
public use after being requested to move by the owner or person in
charge or any police officer if such presence causes or tends to cause
other persons to fear for their safety. Upon being requested to move,
a person shall immediately comply with such request by leaving the
premises or area thereof at the time of the request.
[Added by Ord. No. 1194]
(2)
Indecent conduct and language prohibited. No person shall use any
indecent, vile, profane or obscene language or conduct himself or
herself in any indecent, lewd, lascivious or obscene manner within
the City.
(3)
Displaying material harmful to minors.[1]
[Added by Ord. No. 903]
(a)
A REASONABLE BONA FIDE ATTEMPT
HARMFUL TO MINORS
1.
2.
3.
KNOWINGLY
1.
2.
MATERIAL
MINOR
NUDITY
PERSON
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
SEXUAL EXCITEMENT
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
An attempt to ascertain the true age of the minor by requiring
production of a driver's license, marriage license, birth certificate
or other governmental or educational identification card or paper
and not relying solely on the oral allegations or apparent age of
the minor.
That quality of any description or representation, in whatever
form, of nudity, sexual conduct, sexual excitement or sadomasochistic
abuse when the material or performance, taken as a whole, has the
following characteristics:
The average adult person applying contemporary community standards
would find that the material has a predominant tendency to appeal
to a prurient interest in sex in minors.
The average adult person applying contemporary community standards
would find that the material depicts or describes nudity, sexual conduct,
sexual excitement or sadomasochistic abuse in a manner that is patently
offensive to prevailing standards in the adult community with respect
to what is suitable for minors.
The material lacks serious literary, scientific, educational,
artistic or political value for minors.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
of both:
The character and content of any material which is reasonably
susceptible of examination by the defendant.
The age of the minor, however, an honest mistake shall constitute
an excuse from liability hereunder if the defendant made a reasonable
bona fide attempt to ascertain the true age of such minor.
Any book, magazine, newspaper, pamphlet, poster, print, picture,
figure, image or description.
Any unmarried person under the age of 18 years.
The showing of the human male or female genitals, pubic area
or buttocks with less than a full opaque covering, the showing of
the female breast with less than a full opaque covering of any portion
thereof below the top of the nipple; or the depiction of covered male
genitals in a discernibly turgid state.
Any individual, partnership, association, corporation or
other legal entity of any kind.
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
Acts of masturbation, homosexuality, sexual intercourse or
physical contact with a person's clothed or unclothed genitals, pubic
area, buttocks or, if such person be female, breast.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
(b)
Offenses. No person having custody, control or supervision of any
commercial establishment shall knowingly:
1.
Display material which is harmful to minors in such a way that minors,
as a part of the invited general public, will be exposed to view such
material; provided, however, that a person shall be deemed not to
have "displayed" material harmful to minors if the material is kept
behind devices commonly known as "blinder racks" so that the lower
2/3 of the material is not exposed to view.
2.
Sell, furnish, present, distribute, allow to view or otherwise disseminate
to a minor, with or without consideration, any material which is harmful
to minors.
3.
Offenses, minors. Any person under 18 years of age who falsely states,
either orally or in writing, that he or she is not under the age of
18 years, or who presents or offers to any person any evidence of
age and identity which is false or not actually his or her own for
the purpose of ordering, obtaining, viewing or otherwise procuring
or attempting to procure or view any harmful material, is guilty of
a violation of this subsection.
4.
Defenses. It shall be an affirmative defense to any prosecution under
this subsection that the material involved was displayed, presented
or disseminated to a minor at a recognized and established school,
church, museum, medical clinic, hospital, public library, governmental
agency or quasi-governmental agency and by persons acting in their
capacity as employees or agents of such institutions or organizations,
and which institution displays, presents or disseminates such material
or performance for a bona fide governmental, educational or scientific
purpose.
[Amended 9-8-1999 by Ord. No. 1419]
(4)
Sexting prohibited.
[Added 4-12-2017 by Ord.
No. 1912]
(a)
Intent. The Common Council of the City of Shawano has determined
that the sharing of explicit images and related activities between
minors represents a concern for the health, safety, welfare, peace
and order to the citizens of the City of Shawano. The Council has
further determined that prohibiting sharing of explicit images and
related activities between minors will serve to deter such activities
within the City.
(b)
HARMFUL TO MINORS
1.
2.
3.
MINOR
NUDITY
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Any reproduction, imitation, characterization, description,
exhibition, presentation, or representation, of whatever kind or form,
depicting nudity, sexual conduct, or sexual excitement when it:
Predominantly appeals to an indecent, shameful, or morbid interest;
Is blatantly offensive to prevailing standards in the adult
community as a whole with respect to what is suitable material or
conduct for minors;
Taken as a whole, is without serious literary, artistic, political,
or scientific value for minors.
Any person under the age of 18 years.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering; or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple; or the depiction of covered
male genitals in a noticeably erect state. A mother's breastfeeding
of her baby does not under any circumstance constitute "nudity," irrespective
of whether or not the nipple is covered during or incidental to feeding.
(c)
A minor commits the offense of sexting if he or she knowingly:
1.
Uses a computer, or any other device capable of electronic data transmission
or distribution, to transmit or distribute to another minor any photograph
or video of any person which depicts nudity, as defined above, and
is harmful to minors, as defined above.
2.
Possesses a photograph or video of any person that was transmitted
or distributed by another minor which depicts nudity, as defined above,
and is harmful to minors, as defined above. A minor does not violate
this subsection if all of the following apply:
3.
Uses a computer, or any other device capable of electronic data transmission
or distribution, to transmit or distribute to another minor any text,
correspondence, or message of a sexual nature when it:
a.
Predominantly appeals to an indecent, shameful, or morbid interest;
b.
Is blatantly offensive to prevailing standards in the adult
community as a whole with respect to what is suitable material or
conduct for minors;
c.
Taken as a whole, is without serious literary, artistic, political,
or scientific value for minors.
4.
Solicits the transmission or distribution of any text, correspondence,
message, photograph or video from another minor that would itself
be prohibited under this section of the Municipal Code.
(1)
Destruction of property prohibited.
(a)
No person shall willfully injure or intentionally deface, destroy
or unlawfully remove, take or meddle with any property of any kind
or nature belonging to the City or its departments or to any private
person without the consent of the owner or proper authority.
(b)
Pursuant to W.S.A. s. 895.035, the parents of an unemancipated minor
shall be liable for the damage of property caused by the willful,
malicious or wanton act of such child; such liability shall not exceed
$1,000.
(2)
Littering prohibited. No person shall throw any glass, rubbish, waste
or filth upon the streets, alleys, highways, public parks or other
property of the City or upon any private property not owned by him
or her or upon the surface of any body of water within the City.
(3)
Shoplifting.
(a)
SHOPLIFTING
1.
2.
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Whoever intentionally alters indicia of price or value of merchandise
or who takes and carries away, transfers, conceals or retains possession
of merchandise held for resale by a merchant without his or her consent
and with intent to deprive the merchant permanently of possession
or the full purchase price of merchandise may be penalized as provided
in Subsection (3)(c) herein.
The intentional concealment of unpurchased merchandise which
continues from one floor to another or beyond the last station for
receiving payments 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 goods.
(b)
Detention of suspect. A merchant or merchant's adult employee who
has probable cause for believing that a person has violated this subsection
in his or her presence may detain such person in a reasonable manner
for a reasonable length of time to deliver him or her to a peace officer,
or to his or her parent or guardian in the case of a minor. The detained
person must be promptly informed of the purpose of the detention and
be permitted to make telephone calls, but he or she 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.
Compliance with this subsection entitles the merchant or his or her
employee effecting the detention to the same defense in any action
as is available to a peace officer making an arrest in the line of
duty.
(c)
Penalties.[1] Any person who shall violate any of the provisions of
this subsection shall, upon conviction, be subject to a forfeiture
of:
1.
Not less than $25 nor more than $1,000 if the value of the merchandise
does not exceed $500.
2.
Not less than $100 nor more than $3,000 if the value of the merchandise
exceeds $500, but not more than $2,500.
3.
Not less than $500 nor more than $5,000 if the value of the merchandise
exceeds $2,500.
(4)
Library books and other personal property regulations.
[Added by Ord. No. 895]
(a)
No person shall fail, on demand, to return any book, periodical,
pamphlet, picture or other particle or property belonging to or in
the charge of the Shawano City-County Library (hereinafter "Library"),
the County bookmobile, or any of its branches, according to the rules
and regulations duly made and adopted by the Library Board, and no
person shall remove from the Library, the bookmobile or any of its
branches, any book, periodical, pamphlet, picture or other article
or property without first having it checked out as provided by such
rules and regulations.
(b)
No person shall mar, deface or in any other way damage or mutilate
any book, periodical, pamphlet, picture or other article or property
belonging to or in the charge of the library, the County bookmobile
or any of its branches.
(c)
Any person convicted of a violation of the provisions of this subsection
shall forfeit not less than $50 nor more than $500 and the costs of
prosecution and, in default of payment of such forfeiture and the
costs of prosecution, shall be imprisoned in the county jail until
payment of such forfeiture and costs of prosecution are paid, but
not for more than 90 days. Where there is more than one book, periodical,
pamphlet, picture or other article or property involved in any violation,
each such item shall constitute a separate offense. The Circuit Court
is hereby empowered to suspend payment of all or any portion of the
forfeiture imposed if the person convicted of such offense makes restitution
in full to the Library Board for any damage or mutilation or returns
such item or items to the Library Board within 15 days of conviction
thereof.[2]
[Amended 1-10-2007 by Ord. No. 1668]
(d)
W.S.A. s. 943.61, relating to theft of library material, exclusive
of the penalties provided therein, is hereby adopted by reference.
(5)
Graffiti and related vandalism.
[Added 9-10-2008 by Ord. No. 1726]
(a)
Purpose and intent. It is the purpose and intent of this section
to prevent graffiti and to promote its eradication, and to prevent
related vandalism, as graffiti and related vandalism adversely affect
property, both public and private. It is the further intent of this
section to fight against blight, to preserve the value of property,
both public and private, and to promote the security of the community,
all of which are threatened by graffiti and graffiti-related vandalism.
(b)
Prohibition of graffiti. It shall be unlawful for any person to intentionally
or knowingly commit any overt act resulting in or attempting to result
in application of graffiti on any surface on public or private property
without the express permission of the owner of such property, including
but not limited to trees, signs, poles, fixtures, utility boxes, walls,
paths, walks, streets, bridges, buildings or any other structures
or surfaces.
(c)
Possession of graffiti implements. It shall be unlawful for any person
to intentionally or knowingly possess any graffiti implement while
on public or private property without the express written consent
of the owner of such property, in a manner that warrants a justifiable
and reasonable alarm or immediate concern for the safety of property
in the vicinity. Among the circumstances which may be considered by
the enforcement officer in determining whether such alarm or immediate
concern is warranted, is the fact that the person takes flight upon
appearance of an enforcement officer, refuses to identify himself,
or manifestly endeavors to conceal himself or the graffiti implement.
Prior to any citation being issued to a person for a violation of
this subsection, such person shall be afforded an opportunity by the
enforcement officer to dispel any alarm or immediate concern which
could otherwise be warranted by requesting such person to identify
himself and explain his presence and conduct.
(d)
Graffiti on any public or private property visible from any public
right-of-way, including but not limited to any street, highway, road,
alley or walkway, is declared a public nuisance. The municipality
shall give notice to the property owner requesting the owner to remove
or cause to be removed such graffiti within 24 hours of notice.
(e)
Parental civil liability. Any act in violation of Subsection (5)(b)
or (c) of this section committed by a minor under the age of 17 years
shall be imputed to that minor's parent or legal guardian. A parent
or legal guardian of a minor who violates Subsection (5)(b) or (c)
of this section shall be liable for the payment of any civil fine
and the expense of restoration as set forth in Subsection (5)(f) of
this section.
(f)
Penalty. Violators shall be ordered to remove the graffiti or, if it has already been removed, repay the property owner or the municipality the costs of such removal, including labor costs. Failure to comply with ordered removal or payment of costs shall create a cause of action that can be enforced in a civil suit. Any person who commits a violation of Subsection (5)(b) of this section shall be punished by a fine of not more than $500 for each offense. Violations of Subsection (5)(c) shall, upon conviction, be punished by a fine of not more than $300 for each graffiti implement. Violations of Subsection (5)(d) shall fall under Chapter 9, Public Nuisances.[3]
(g)
AEROSOL PAINT CONTAINER
GRAFFITI
GRAFFITI IMPLEMENT
GUM LABEL
MARKER
Definitions. For the purpose of this section, the following definitions
shall apply:
Any canister, can, bottle, container or other receptacle
which contains any substance commonly known as paint, stain, dye or
other pigmented substance which is or can be modified to contain pressure,
or be pressurized, in order to impel or propel any such substance.
Any inscription, symbol, design or configuration of letters
or numbers written, drawn, etched, marked, painted, stained, stuck
on or adhered to any surface on public or private property without
the express permission of the owner of such property, including but
not limited to trees, signs, poles, fixtures, utility boxes, walls,
paths, walks, streets, underpasses, overpasses, bridges, trestles,
buildings or any other structures or surfaces.
Any implement capable of marking a surface to create graffiti,
including but not limited to aerosol paint containers, markers and
gum labels.
Any material such as, but not limited to, decals, stickers,
posters or labels which contain a substance commonly known as adhesive
or glue, which cannot be removed from the surface in an intact condition
and with minimal efforts.
Any indelible or permanent marker, or similar implement containing
an ink that is not water soluble.
(h)
Civil remedies. In addition to other penalty provisions as provided
herein:
1.
Any person who violates any provision of this section shall be subject
to and shall pay to the municipality civil penalties equivalent to
and on the same basis as the monetary penalties provided for in Subsection
(5)(f) of this section;
2.
Any person, including the municipality, may seek appropriate injunctive
relief for the enforcement of this section, its penalties and remedial
provisions, including but not limited to actions for abatement, prevention
of violations, and enforcement of all remedial and preventive provisions
of this section as may be appropriate; and
3.
As an alternative to the remedies, procedures and penalties provided
in this section, a violation of this section may be charged as a civil
violation subject to and prosecuted in accordance with Wisconsin law.
(i)
Anti-graffiti trust fund. There is hereby created the municipal anti-graffiti
trust fund. All civil fines paid by violators or this section and
ultimately received by the municipality shall be placed in the fund.
The fund may also receive monetary donations from citizens, businesses
and other organizations. The Mayor, or his/her designee, shall direct
the expenditure of monies in the fund. Such expenditures shall be
limited to the payment of rewards under Subsection (5)(j) of this
section and restoration costs.
(j)
Reward for providing information. Any person who shall provide information
which leads to the actual payment of a fine by a violator of Subsection
(5)(c) of this section is entitled to receive from the municipality
a monetary reward up to $500. The Mayor, or his/her designee, shall
determine the actual amount of reward and whether a particular reward
shall be divided among persons based on the information provided and
the number or persons providing the information. In no event shall
the total reward relating to a particular violation exceed $500.
[Amended by Ord. No. 934; 10-10-2007 by Ord. No. 1689]
(1)
Restrictions.
(a)
No individual between the ages of 14 years through 17 years shall
remain upon any street or alley or other public place in the City
between 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday
and 6:00 a.m. the next day, and between 12:00 midnight on Friday and
Saturday and 6:00 a.m. the next day.
[Amended 4-21-2009 by Ord. No. 1748, 7-8-2009 by Ord. No. 1751]
(b)
No individual under the age of 14 years shall remain upon any street
or alley or other public place in the City between 10:00 p.m. and
6:00 a.m. the next day.
(2)
Exceptions. The following shall constitute valid exceptions to the
operation of the curfew:
(a)
At any time, if the individual is accompanied by his or her parent,
or guardian. "Parent" means a person who is a natural parent, adoptive
parent or stepparent of another person. "Guardian" means a person
who, under court order, is the guardian of the minor; or a public
or private agency with whom a minor has been placed by a court.
(b)
At any time, the individual is involved in an emergency.
(c)
At any time, while the individual is pursuing the duties of his or
her employment.
(d)
On an errand at the written direction of his or her parent or guardian,
without any detour or stop (written direction must be signed, timed
and dated by the parent or guardian and must indicate the specific
errand). This exception shall apply no later than 12:30 a.m.
(e)
Attending, or going to or returning home from, without any detour
or stop, an official school, religious, or other recreational activity
supervised by adults and sponsored by the City, Shawano School District,
a civic organization, or another similar entity that takes responsibility
for the minor. If the event is not commercial in nature or does not
have a fixed publicly known time at which it will end, the sponsoring
organization must register the event with the Police Department at
least 24 hours in advance informing it of the time such event is scheduled
to be, the place at which it will be held, the time at which it shall
end and the name of the sponsoring organization. This exception will
apply for 1/2 hour after the completion of such event, but in no case
beyond 12:30 a.m.
(f)
Until the hours of 12:30 a.m. if the individual is on the property
of or the sidewalk directly adjacent to the building in which he or
she resides. (This exception does not allow presence within the 100
blocks of North and South Main Street.)
(3)
Daytime curfew.
[Added 3-9-2011 by Ord. No. 1774]
(a)
The purpose of this subsection is to discourage children of compulsory
school age from unauthorized absences and to impose penalties upon
those students and the parents or legal guardians of such students.
It is the intent of this subsection to promote the development and
welfare of the children of this community by discouraging unauthorized
absenteeism and encouraging school attendance.
(b)
SUBJECT TO COMPULSORY SCHOOL ATTENDANCE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Any child subject to a mandatory school attendance under
Wisconsin law in the school district of such child's residence; or
any child found in the City of Shawano who shall be subject to mandatory
attendance if the child were a residence of the City of Shawano.
(c)
Daytime curfew violation. No child subject to compulsory school attendance
shall be any place within the City of Shawano, except in attendance
at school or such child's place of residence, during the hours when
the child is required to be in attendance at either a public or private
school as required by law, unless the child has written proof from
the school authorities excusing the child from school attendance at
that particular time or unless the child is accompanied by a parent
or legal guardian who supervised the child subject to compulsory school
attendance.
(d)
Contributing to daytime curfew violation.
(e)
Exceptions. The actions set forth in Subsection (3)(c) and (d) above shall not be a violation of this subsection if:
1.
The child, at the time of the alleged violation, was not required
by law to be in attendance at the school attended by that child.
2.
The parent or legal guardian is a petitioner in a currently pending
juvenile court proceeding involving the child or such a proceeding
in which the judge has restrained ongoing supervision or jurisdiction.
3.
At the time of the alleged violation, the student was employed pursuant
to a school-sponsored program or was the recipient of a work permit
issued by the school authorities and the child was on the job or traveling
to or from the job site or program location at that time.
[Added by Ord. No. 1016]
(1)
Intent. The intent of this section is to provide safe and healthful
conditions for the enjoyment of aquatic recreation consistent with
public rights and interest and the capability of the water resource.
(2)
Applicability and enforcement. The provisions of this section shall
apply to waters of the Shawano Lake Outlet Channel within the jurisdiction
of the City. The provisions of this section shall be enforced by the
officers of the City, together with any and all state and county officers
authorized by law to enforce the same.
(3)
State boating and safety laws adopted. State boating laws, as found
in W.S.A. ss. 30.50 to 30.71, are adopted by reference.
(4)
NAVIGATION LANE
SLOW-NO-WAKE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
An area designated by authorized aids to navigation.
That speed at which a boat moves as slowly as possible while
still maintaining steerage control.
(5)
Speed restrictions. A slow-no-wake speed is required in all areas
so designated. In all other areas of the Shawano Lake Channel, the
speed of a motor boat shall be so controlled as to avoid colliding
with any object lawfully in or on the water. No person shall operate
a motor boat at a speed greater than is reasonable and prudent under
the conditions and having regard for the actual and potential hazards
then existing.
(6)
Boat-excluded areas. All boat-excluded areas shall be designated
by buoys meeting the standards set forth in Wis. Adm. Code NR 5.09.
The following boat-excluded areas are marked in the Wolf River: Wolf
River Beach. This boat-excluded area is marked by three buoys. The
locations of these buoys are referenced to the permanent lifeguard
chair at the beach. The southernmost buoy is located 62 feet south
of and 148 feet west of the lifeguard chair. The middle buoy is located
25 feet south of and 145 feet west of the lifeguard chair. The northernmost
buoy is located 22 feet north of and 134 feet west of the lifeguard
chair.
(7)
Controlled areas. All slow-no-wake areas shall be designated by buoys
meeting the standards set forth in Wis. Adm. Code NR 5.09. The following
slow-no-wake areas are marked in the Shawano Lake Outlet Channel:
(a)
Sunset Island. This controlled area is bounded on the west by
a line running straight north from the center line of Lafayette Street
extended. The east boundary is a line running straight west from the
north property line of the Town Park located along Main Street at
the Highway 47-55 bridge over the channel.
[Amended 6-12-2017 by Ord. No. 1922; 7-12-2017 by Ord. No. 1923]
(b)
Huckleberry Harbor. This controlled area is bounded on the west
by a line running straight north from the west property line of the
Huckleberry Harbor property. The east boundary is a line running straight
north from the east property line of the Huckleberry Harbor property.
(c)
Airport Road (C.T.H. HHH). This controlled area starts 100 yards
west of the center line of C.T.H. HHH and extends east to the buoys
placed at the mouth of the original channel and to the buoys placed
100 yards east of the channel known as "Gumaers Cut."
(8)
Penalties. Wisconsin boating penalties, as found in W.S.A. s. 30.80,
are hereby adopted by reference.
(9)
Severability. The provisions of this section shall be deemed severable,
and it is expressly declared that the City would have passed the other
provisions of this section irrespective of whether or not one or more
provisions may be declared invalid. If any provision of this section
or the application to any person or circumstances is held invalid,
the remainder of the section and the application of such provisions
to other persons or circumstances shall not be affected.
[Added by Ord. No. 1288]
(1)
Purpose. The purpose of this section is to reduce the incidents of
misconduct by juveniles or underage persons by requiring proper supervision
on the part of custodial parents.
(2)
CHILD OR JUVENILE
CUSTODIAL PARENT
CUSTODY
Definitions. The terms used in this section shall be defined as follows:
A person under the age of 18 years.
A parent of a minor child who has custody of said child.
Either physical custody of a child under a court order under
W.S.A. s. 767.23 or 767.24, custody of a child under a stipulation
under W.S.A. s. 767.10, or actual physical custody of the child. "Custody"
does not include legal custody, as defined under W.S.A. s. 48.02(12),
by an agency or a person other than a child's birth or adoptive parent.
In determining which parent has custody of a child for purposes of
this section, the court shall consider which parent had responsibility
for caring for and supervising a child at the time the child's ordinance
violations occurred.
(3)
Prohibitive conduct. Every custodial parent has a duty to properly
supervise his or her child. Any custodial parent whose child is convicted
twice in a six-month period or has three or more violations of this
Code within a twelve-month period is guilty of failing to supervise
his or her child. Said time period shall be measured from the date
of violation.
[Added 9-8-1999 by Ord. No. 1420]
(1)
Authority. This section is created under the authority of W.S.A.
ss. 118.16, 938.342, 938.355(6m) and 118.163, or as said subsections
are amended or renumbered.
(2)
HABITUALLY TRUANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A pupil who is absent from school without an acceptable excuse
for part of or all of five or more days on which school is held during
a school semester.
(3)
Penalty. If the court finds that a person under 18 years of age is
habitually truant, under this section, the court shall enter an order
making one or more of the following dispositions:
(a)
Suspend the person's operating privilege, as defined in W.S.A.
s. 340.01(40), for not less than 30 days nor more than one year. The
court shall immediately take possession of the suspended license and
forward it to the Department of Transportation, together with a notice
stating the reason for and duration of the suspension. If the juvenile
does not hold a valid operator's license on the date of the order
issued under this subsection, the court may order the suspension or
limitation to begin on the date that the operator's license would
otherwise be reinstated or issued after the juvenile applies and qualifies
for issuance or two years after the date of the order issued under
this subsection, whichever occurs first.
(b)
Order the person to participate in counseling or a supervised
work program or other community service work as described in W.S.A.
s. 938.34(5g). The costs of any such counseling, supervised work program
or other community service work may be assessed against the person,
the parents or guardian of the person, or both.
(c)
Order the person to remain at home except during hours in which
the person is attending religious worship or a school program, including
travel time required to get to and from the school program or place
of worship. The order may permit a person to leave his or her home
if the person is accompanied by a parent or guardian.
(d)
Order the person to attend an educational program under W.S.A.
s. 938.34(7d).
(e)
Order the department of workforce development to revoke, under
W.S.A. s. 103.72, a permit under W.S.A. s. 103.70, authorizing the
employment of the person.
(f)
Order the person to be placed in a teen court program if all
of the conditions of W.S.A. s. 938.342(lg)(f) apply.
(g)
Order the person to attend school.
(h)
Impose a forfeiture of not more than $500, plus costs, subject
to W.S.A. s. 938.37. All or part of the forfeiture plus costs may
be assessed against the person, the parent or guardian of the person,
or both.
(i)
Order the person to comply with any other reasonable conditions
that are consistent with this subsection, including a curfew, restrictions
as to going to or remaining on specified premises and restrictions
on associating with other juveniles or adults.
(j)
Place the person under formal or informal supervision, as described
in W.S.A. s. 938.34(2), for up to one year.
(k)
Place the juvenile in a secure detention facility or juvenile
portion of a county jail that meets the standards promulgated by the
Department by rule or in a place of nonsecure custody, for no more
than 10 days with the provision of educational services consistent
with his or her current course of study during the period of placement.
[Added 10-9-2002 by Ord. No. 1538]
(1)
Authority. This section is created under the authority of ss. 118.15,
118.16 and 948.45 W.S.A.
(2)
HABITUALLY TRUANT
TRUANCY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A pupil who is absent from school without an acceptable excuse
for part or all of five or more days on which school is held during
a semester.
Any absence of part or all of one or more days from school
during which the school attendance officer, principal or teacher has
not been notified of the legal cause of such absence by the parent
or guardian of the absent pupil, and also means intermittent attendance.
(3)
Penalty. If the Court finds that any person 17 years of age or older
who, by any act or omission, knowingly encourages or contributes to
truancy of a person 17 years of age or under, or if any person 17
years of age or older by act or omission contributes to the truancy
of a child, whether or not the child is adjudged to be in need of
protection or services, if the natural and probable consequences of
that act or omission would be to cause the child to be truant, the
Court shall enter an order making one or more of the following dispositions:
(a)
Impose a forfeiture of not more than $500 plus costs;
(b)
Order the person to cease any activity that encourages truant
behavior on the part of the child and/or command that acts or omission
contributing to truancy be corrected;
(c)
Order the person to participate in counseling or a recognized
parenting program at the person's own expense or to attend school
with his or her child, or both;
(d)
Other remedies as the Court deems reasonable and appropriate.
(4)
Exceptions. This section shall not apply to a person who has under
his or her control a child who has been sanctioned under s. 49.26(i)(h)
W.S.A.
(1)
Enforcement of nonstatutory violations. Pursuant to W.S.A. s. 66.119,
the City hereby elects to use the citation method of enforcement of
sections of this Code other than those for which a statutory counterpart
exists.
(2)
The citation.
(a)
Content of 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 Code violated.
5.
A designation of the offense in such manner as can readily be 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.
That a cash deposit based on the schedule established in § 8.08 of this chapter may be made, which shall be delivered or mailed to the Clerk of Shawano-Bonduel Joint Municipal Court or to the Chief of Police prior to the time of the scheduled court appearance.
[Amended 1-10-2007 by Ord. No. 1669]
b.
That if a deposit is made, no appearance in court is necessary
unless he or she is subsequently summoned.
c.
That if a cash deposit is made and the alleged violator does
not appear in court, he or she will be deemed to have entered a plea
of no contest, or if the court does not accept the plea of no contest,
a summons will be issued commanding him or her to appear in court
to answer the complaint.
d.
That 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.
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 Subsection (2)(a)7 above has been
read. Such statement shall be sent or brought with the cash deposit.
9.
Such other information as the City deems necessary.
(b)
Form of citation. The form of the citation to be used by the City
is as follows.[1]
[Amended by Ord. No. 840]
[1]
Editor's Note: The form of citation is included at the end of this chapter.
(3)
(4)
Issuance of citation. Any law enforcement officer may issue citations
authorized under this section. In addition, pursuant to W.S.A. s.
66.119(2), any department head or appointed official may issue citations
with respect to ordinances which are directly related to the official
responsibilities of said department head. Said department heads may
proceed as provided in this section upon discovering a violation of
a City ordinance.
[Amended by Ord. No. 1150; Ord. No. 1237]
(5)
Miscellaneous procedures.
(a)
W.S.A. s. 66.119(3), relating to violators' options and procedure
on default, is hereby adopted and incorporated herein by reference.
(b)
The procedure to be followed for the enforcement of sections of this
Code for which a statutory counterpart exists shall be that as set
out in W.S.A. s. 66.12.
(6)
Nonexclusivity.
(a)
Other ordinances. The adoption of this section does not preclude
the Council from adopting any other ordinance or providing for the
enforcement of any other law or ordinance relating to the same or
other matter.
(b)
Other remedies. The issuance of a citation hereunder shall not preclude
the City or any authorized officer from proceeding under any other
section of this Code or law or by any other enforcement method to
enforce any section of this Code, City regulation or order.
[Amended by Ord. No. 874]
The schedule of cash deposits for violations of this chapter is set forth in § 20.04 of this Code.
[Amended 4-21-1998 by Ord. No. 1355]
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 20.04 of this Code in addition to the specific penalties provided in this chapter; provided, however, that in the event proceedings are commenced against children aged 12 years or older for violation of this chapter, the provisions of W.S.A. ss. 938.17(2), 938.237, 938.343, 938.344 and 938.37, or as said sections are amended, shall be applicable. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.
