City of New Lisbon, WI
Juneau County
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Table of Contents
Table of Contents

§ 387-3 Firearms, explosives and other missiles.

A. 
Discharge of firearms regulated. No person, except a law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description in his/her possession or under his/her control within the City of New Lisbon.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Hunting prohibited. Hunting within the City of New Lisbon is prohibited.
C. 
Shooting into City limits. No person shall, in the territory adjacent to the City, discharge any firearm in such manner that the discharge shall enter or fall within the City of New Lisbon.[2]
[2]:
Editor's Note: Original Sec. 11-2-1(d), Shooting ranges, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Explosive devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the City without first obtaining a permit to do so from the Common Council.
E. 
Shooting or throwing arrows or other projectiles prohibited. Unless authorized in writing by the Chief of Police subject to restrictions as the Police Department may deem reasonable for the protection of the citizens of the City of New Lisbon, it shall be unlawful to throw or shoot any arrow or other projectile in the City of New Lisbon within 600 feet of an inhabited dwelling or building or any public park, playground, street or enclosure.[3]
[3]:
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Definition. For purposes of this section, "firearm" is defined as any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device or gunpowder.[4]
[4]:
Editor's Note: Original Sec. 11-2-2, Carrying concealed weapons prohibited; certain weapons prohibited, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 387-4 Firearms in public buildings prohibited.

[Added 10-17-2011 by Ord. No. 2011-3]
A. 
Pursuant to § 943.13(1m)(c)4, Wis. Stats., no person shall enter or remain in any part of a building owned, occupied or controlled by the state or local governmental unit if the state or local governmental unit has notified the person not to enter or remain in the building while carrying a firearm or a specific type of firearm.
B. 
The City Administrator shall cause signs to be erected at all entrances to all buildings owned, occupied or under the control of the City of New Lisbon providing notice that no person is to enter or remain in any such building while carrying a firearm. Such signs shall be five inches by seven inches or larger.
C. 
Nothing in this section shall be construed to apply to prohibit a peace officer or armed forces or military personnel armed in the line of duty or any person duly authorized by the Chief of Police to possess a firearm in any public building. Notwithstanding § 939.22(22), Wis. Stats., for purposes of this subsection, "peace officer" does not include a commission warden who is not a state-certified commission warden.
D. 
Nothing in this section shall be construed to authorize the carrying of any firearm or dangerous weapon contrary to § 941.23 or 941.235, Wis. Stats.

§ 387-5 Safe use and transportation of firearms and bows.

A. 
Definitions. For the purpose of this section, the following definitions shall apply:
AIRCRAFT
Has the meaning given under § 114.002(3), Wis. Stats.[1]
FIREARM
A weapon that acts by force of gunpowder.
HIGHWAY
Has the meaning given under § 340.01(22), Wis. Stats.
MOTORBOAT
Has the meaning given under § 30.50(6), Wis. Stats.
ROADWAY
Has the meaning given under § 340.01(54), Wis. Stats.
UNLOADED
Any of the following:
(1) 
Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.
(2) 
In the case of a cap lock muzzle-loading firearm, having the cap removed.
(3) 
In the case of a flintlock muzzle-loading firearm, having the flash pan cleaned of powder.
VEHICLE
Has the meaning given under § 340.01(74), Wis. Stats., and includes a snowmobile, as defined under § 340.01(58a), Wis. Stats.
[1]:
Editor's Note: The definition of "encased" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Prohibitions; motorboats and vehicles; highways and roadways.
(1) 
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(2) 
Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(3) 
Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.
(4) 
Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet from the center of a road.
(5) 
A person who violates Subsection B(1) through (4) above is subject to a forfeiture pursuant to § 1-4 of this Code.
C. 
Exceptions.
(1) 
Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
(a) 
A peace officer, as defined under § 939.22(22), Wis. Stats.
(b) 
A member of the United States Armed Forces.
(c) 
A member of the National Guard.
(2) 
Subsection B(1), (2) and (3) do not apply to the holder of a scientific collector permit under § 29.614, Wis. Stats., who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.
(3) 
Subsection B(2) and (3) do not apply to the holder of a permit under § 29.193(2)(c), Wis. Stats., who is hunting from a standing automobile in accordance with that subsection.

§ 387-6 Fireworks.

No person shall sell, expose or offer for sale, use, keep, possess, discharge or explode any fireworks, except toy pistol paper caps, sparklers and toy snakes, within the limits of the City unless he/she shall be authorized by a fireworks permit as provided in Chapter 293, Fireworks, of this Code of Ordinances. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all fireworks, rockets or similar missiles containing explosive fuel.

§ 387-7 Obstructing streets and sidewalks.

A. 
Obstructing streets. No person shall obstruct, loiter, cause a nuisance or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the City of New Lisbon in such a manner as to:
(1) 
Prevent or obstruct the free passage of pedestrian or vehicular traffic thereon;
(2) 
Prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place; or
(3) 
Cause a nuisance by congregating and hindering the free passage of pedestrian or vehicular traffic.
B. 
Obstructing sidewalk prohibited. No person shall block any sidewalk or bridge by obstructing the same so that it is impossible for a pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street.
C. 
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:
LOITER
To sit, stand, loaf, lounge, wander or stroll in an aimless manner or to stop, pause or remain in an area for no obvious reason.
NUISANCE
Unnecessary conduct which may tend to annoy, intimidate, threaten or otherwise disturb another in or about any public street, sidewalk, bridge or public ground which is offensive to the public morals or decency of the citizens of the City of New Lisbon.
OBSTRUCT
To interfere with unobstructed travel by any means, including but not limited to standing on the part of the walk that is fit for travel or placing any object or vehicle whatsoever on such sidewalk
SIDEWALK
Any sidewalk owned or maintained by the City. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.
D. 
Free speech. This section shall not be interpreted as prohibiting any person from stopping on any sidewalk to talk or to make a speech, provided that such person shall not stand in such a location that it is impossible for any pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street. If two or more persons are engaged in talking while stopped on a sidewalk, they shall not stand in such locations as to completely prevent any pedestrian from passing them on the sidewalk.

§ 387-8 Loitering.

A. 
Public property loitering prohibited.
(1) 
No person shall loiter in or about any public street, public sidewalk, street crossing, alley, bridge, public parking lot or other place of assembly or public use after being requested to move by any law enforcement officer.
(2) 
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.
(3) 
No person shall loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious conduct or any unlawful act.
(4) 
No person shall loiter in or about any school or public place at or near which children or students attend or normally congregate. As used in this subsection, "loiter" means to delay, to linger or to idle in or about any said school or public place without a lawful purpose for being present.
B. 
Private property loitering prohibited.
(1) 
No person shall loiter in or about any private premises or adjacent doorways or entrances or upon private property held out for public use, including but not limited to business or industry parking lots or shopping malls, without invitation from the owner or occupant or any person in authority at such places. No person shall loiter in or about the doorway, stairway, steps or entrance of any business place or private residence without the expressed consent of the owner thereof or at any time other than usual business hours. Under this subsection, "business place" shall include a public building at such time that the same shall be closed for the usual and normal business conducted thereat.
(2) 
Upon being requested to move by any such person in authority or by any police officer, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.
(3) 
No person shall sit, lie, or otherwise recline upon or against any parked motor vehicle without the expressed consent of the owner thereof, whether such vehicle is parked upon a public street, alley, parking lot, driveway or private premises.
(4) 
No person shall stand or loiter on any roadway other than in a safety zone if such act interferes with the lawful movement of traffic.
C. 
Loitering or prowling prohibited.
(1) 
No person shall loiter or prowl in a place, at a time or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself/herself or manifestly endeavors to conceal himself/herself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him/her to identify himself/herself and explain his/her presence and conduct. No person shall be convicted of an offense under this subsection if the law enforcement did not comply with the preceding sentence or if it appears at trial that the explanation given by the person was true and, if believed by the law enforcement officer at the time, would have dispelled the alarm.
(2) 
No person shall hide, wait or otherwise loiter in the vicinity of any private dwelling house, apartment building, or any other place of residence with the unlawful intent to watch, gaze or look upon the occupants therein in a clandestine manner.
(3) 
No person shall lodge in any building, structure or place, whether public or private, without the permission of the owner or person entitled to possession or in control thereof.
(4) 
No person shall loiter in or about a restaurant, tavern or other public building. As used in this subsection, "loiter" means to, without just cause, remain in a restaurant, tavern or public building or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or in control thereof.
D. 
Loitering by underage persons where alcohol beverage is dispensed.
(1) 
Underage persons and intoxicants. No underage person shall enter, remain or loiter in any public or private place where any fermented malt beverage or other alcohol beverage is sold, dispensed, given away or made available, unless accompanied by a parent, guardian or spouse who has attained the legal drinking age.
(2) 
Permitting loitering prohibited. No person of legal drinking age shall permit any underage person to enter, remain or loiter in any premises, public or private, where fermented malt beverages or other alcohol beverages are served, sold, dispensed, given away or made available, unless such underage person is accompanied by a parent, guardian or spouse who has attained the legal drinking age.
E. 
Definitions. Except as otherwise provided, the terms "loiter" and "nuisance" as used in this section shall be defined as provided in § 387-7C.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Soliciting. No person shall loiter in or near any thoroughfare or place open to the public in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested are that such person is a known prostitute or panderer or that such person repeatedly beckons to stop or attempts to stop or engages male or female passersby in conversation or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture. The violator's conduct must be such as to demonstrate a specific intent to induce, entice, solicit or procure another to commit an act of prostitution. No arrest shall be made for a violation of this subsection unless the law enforcement officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose. As used in this subsection, the following terms shall have the following meanings:
KNOWN PROSTITUTE OR PANDERER
A person who, within five years previous to the date of arrest for violation of this section, had, within the knowledge of the sworn police officer, been convicted in any municipal court or circuit court in the State of Wisconsin of an offense involving prostitution.
PUBLIC PLACE
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 doorway and entrance to buildings or dwellings and the grounds enclosing them.

§ 387-9 Loud and unnecessary noise.

A. 
Loud and unnecessary noise prohibited. It shall be unlawful for any person to make, continue or cause to be made or continued any loud and unnecessary noise. It shall be unlawful for any person knowingly or wantonly to use or operate, or to cause to be used or operated, any mechanical device, machine, cassette or compact disc player, apparatus or instrument for intensification or amplification of the human voice, music or any sound or noise in any public or private place in such manner that the peace and good order of the neighborhood are disturbed or that persons owning, using or occupying property in the neighborhood are disturbed or annoyed.
B. 
Types of loud and unnecessary noises. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) 
Horns and signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the City for longer than three seconds in any period of one minute or less, except as a danger warning; the creation of any unreasonably loud or harsh sound by means of any signaling device; the sounding of any plainly audible device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.
(2) 
Radios, phonographs and similar devices. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a loud and unnecessary manner. The operation of any set, instrument, phonograph, machine or device in a manner as to be plainly audible at the property line of the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this subsection.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Loudspeakers and amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.
(4) 
Animals and birds. The keeping of any animal or bird which causes frequent or long-continued unnecessary noise.
(5) 
Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper City authorities.
(6) 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motor boat except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7) 
Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any heavy construction equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays; provided, however, that the Common Council shall have the authority, upon determining that the loss or inconvenience which would result to any party in interest would be extraordinary and of such nature as to warrant special consideration, to grant a permit for a period necessary within which time such work and operation may take place within the hours of 10:00 p.m. to 7:00 a.m.[2]
[2]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(8) 
Schools, courts, churches and hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of that institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in those streets indicating a school, hospital or court street. No person, while on public or private grounds adjacent to any building or while within any building in which a school or any class thereof is in session, shall willfully make or assist in the making of any noise or diversion which disturbs or tends to disturb the peace or good order and operation of such school session or class thereof.
C. 
Engine braking prohibited. It shall be unlawful to utilize engine exhaust as an engine braking system within the City limits of the City of New Lisbon.[3]
[3]:
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Exceptions. The provisions of this section shall not apply to:
(1) 
Any vehicle of the City while engaged in necessary public business.
(2) 
Excavations or repairs of streets or other public construction by or on behalf of the City, county, or state at night when public welfare and convenience render it impossible to perform such work during the day.
(3) 
The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in nature.
E. 
Permits for amplifying devices.[4]
(1) 
Permit required. The use of loudspeakers or amplifying devices on the streets or in the parks of the City of New Lisbon is prohibited unless the party desiring to use such loudspeaker or amplifying device first obtains a permit from the City Clerk-Treasurer.
(2) 
Grounds or reasons for denial or allowance. The City Clerk-Treasurer shall have the authority to revoke such permit when he/she believes such loudspeaker or amplifying device is becoming a nuisance because of the volume, the method in which it is being used or the location in which it is being operated.
(3) 
Time restrictions. The City Clerk-Treasurer shall not grant a permit to use a loudspeaker or amplifying device before the hour of 9:00 a.m. or after 10:00 p.m. No permit shall be granted to anyone who, in the opinion of the City Clerk-Treasurer, uses said loudspeaker or amplifying device in such a manner or for such a purpose as to constitute a nuisance.
[4]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 387-10 Disorderly conduct. [1]

A. 
Disorderly conduct prohibited. No person within the City of New Lisbon shall:
(1) 
In any public or private place engage in violent, noisy, riotous, abusive, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to annoy or disturb any other person.
(2) 
Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation.
(3) 
With intent to annoy another, make a telephone call, whether or not conversation ensues.
(4) 
Be in any business or private structure, private vehicle or upon any private grounds without the consent of the owner.
B. 
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, rooms without rest room facilities, stairways or elevators of public or commercial buildings.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See also § 196-3, Public indecency.

§ 387-11 Unauthorized presence on school property.

A. 
Unauthorized presence.
(1) 
No student who is under suspension, expulsion, or other disciplinary procedures excluding him/her from attending any school located within the City and no person not a student presently enrolled or not an employee of such school or not a parent or guardian of a student or not an otherwise authorized person shall be present within any school building or upon any school grounds 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.
(2) 
Any unauthorized person who shall come upon school property and refuse to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.
(3) 
As used in this subsection, the following terms shall have the meanings indicated:
AUTHORIZED PERSON
Includes:
(a) 
Any person who is present at any school building or school grounds for a purpose previously authorized by the school or its designee.
(b) 
Any person transporting a student and who utilizes the driveway specified for loading and unloading personnel.
(c) 
Any person utilizing a designated area for attending an athletic or other organized school event.
UNAUTHORIZED PRESENCE
Includes any vehicle that is found on school property which has not received permission to be there. If the occupants or owners are not on school property for some legitimate business or activity or are parked in an area that regulates parking to certain authorized vehicles, they are in violation. Such vehicle may be towed away at the direction of the school principal or person in charge of such school building. Law enforcement officers may also have any vehicle towed away which, because of its location, creates a hazard to life or property.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Disorderly conduct on public school property.
(1) 
No person shall, in any school property or building, engage in violent, abusive, loud or otherwise disorderly conduct which causes or provokes an immediate disturbance of public order or disturbs or annoys any other person, nor shall a person intentionally engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
(2) 
Nonstudents, students from schools other than the school on the property or students from a school who are not in compliance with the school system's published rules and regulations shall be considered in violation of this section. The published rules and regulations of the school system are incorporated as if fully set forth herein.
(3) 
All entrances to the school buildings referred to in Subsection B(1) shall be posted by the School Board with a notice stating "Entry Into School Building by Unauthorized Person Prohibited."
C. 
Loitering near school prohibited. No person not in official attendance or on official school business shall enter into, congregate, loiter or cause a nuisance in any school building in the City of New Lisbon or upon any New Lisbon School District grounds or within adjacent posted school zones on any day when such schools are in session.
D. 
Possession of intoxicating liquor and fermented malt beverages. No person shall possess intoxicating liquor or fermented malt beverages while on any school property.
E. 
Definitions. The terms "loiter" and "nuisance" as used in this section shall be defined as provided in § 387-7C.[2]
[2]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 387-12 Failure to obey lawful order; resisting or obstructing an officer.

A. 
Lawful orders. It shall be unlawful for any person to fail to obey the direction or order of a law enforcement officer while such law enforcement officer is acting in an official capacity in carrying out his or her duties.
B. 
Resisting or interfering with officer prohibited. It shall be unlawful for any person to:
(1) 
Resist, obstruct, or in any way interfere with any law enforcement officer or member of the Police Department or any person called to assist such officer;
(2) 
Threaten, resist or interfere with such officer or person;
(3) 
Advise or encourage any other person to resist or interfere with such officer or person in the discharge of his/her duty or in any way interfere with or hinder or prevent him/her from discharging his/her duty as such officer or assistant, or offer or endeavor to do so;
(4) 
In any manner assist any person in the custody of any law enforcement officer to escape or to attempt to escape from such custody;
(5) 
Try to persuade any person to escape from the custody of such officer or rescue or attempt to rescue any person so in custody; or
(6) 
Fail to obey the order or direction of such officer while such officer is acting in his/her official capacity in carrying out his/her duties.

§ 387-13 Possession of controlled substances; marijuana.

A. 
Possession of controlled substances. It is unlawful for any person to possess a controlled substance, other than a controlled substance classified in Schedules I and II under Ch. 961, Wis. Stats., which is a narcotic drug, unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his/her professional practice, or except as otherwise authorized by this Code of Ordinances.
B. 
Possession of marijuana.
(1) 
No person shall possess 25 grams or less of marijuana, as defined in § 961.01, Wis. Stats., unless it was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by Ch. 961, Wis. Stats.
(2) 
For purposes of this section, "practitioner" means:
(a) 
A physician, advanced practice nurse, dentist, veterinarian, podiatrist, optometrist, scientific investigator or, subject to § 448.21(3), Wis. Stats., a physician assistant, or other person licensed, registered, certified or otherwise permitted to distribute, dispense, conduct research with respect to, administer or use in teaching or chemical analysis a controlled substance in the course of professional practice or research in the State of Wisconsin.[1]
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
A pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in the State of Wisconsin.
(3) 
This section does not apply to any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of any amount of marijuana, in the State of Wisconsin.

§ 387-14 Drug paraphernalia. [1]

A. 
Definition. In this section "drug paraphernalia" has the meaning provided in § 961.571, Wis. Stats.
B. 
Determination of drug paraphernalia. The determination as to whether an object is drug paraphernalia shall be made in accordance with § 961.572, Wis. Stats.
C. 
Prohibited acts.
(1) 
Possession of drug paraphernalia. No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of Ch. 961, Wis. Stats.
(2) 
Manufacture or delivery of drug paraphernalia. No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be primarily used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog in violation of Ch. 961, Wis. Stats.
(3) 
Delivery of drug paraphernalia by a minor to minor. Any person who is under 17 years of age who violates Subsection C(2) by delivering drug paraphernalia to a person 17 years of age or under who is at least three years younger than the violator is subject to a disposition under § 938.344(2e), Wis. Stats.
D. 
Exemption. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 961, Wis. Stats. This section does not prohibit the possession, manufacture or use of hypodermics, in accordance with Ch. 961, Wis. Stats.
E. 
Penalties. Any person who violates Subsection C(1) or (2) who is under 17 years of age is subject to a disposition under § 938.344(2e), Wis. Stats.
[1]:
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 387-15 Crossing police or fire line.

No individual shall cross a police or fire line that has been so designated by banner, signs or other similar identification.

§ 387-16 Harassment; telephone calls.

A. 
Harassment. No person, with intent to harass or intimidate another person, shall do any of the following; each instance shall be considered a separate violation:
(1) 
Strike, shove, kick or otherwise subject the person to physical contact or attempt or threaten to do the same.
(2) 
Engage in a course of conduct or repeatedly commit acts which harass or intimidate the person and which serve no legitimate purpose.
B. 
Harassing or obscene telephone calls. Whoever commits any of the following acts shall be subject to the general penalty as provided in § 1-4 of this Code of Ordinances:
(1) 
Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious or indecent.
(2) 
Makes a telephone call, whether or not conversation ensues, with the intent to abuse, threaten or harass any person at the called number or numbers.
(3) 
Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number or numbers.
(4) 
Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number or numbers.
(5) 
Knowingly permits any telephone under his/her control to be used for any purpose prohibited by this section.
(6) 
In conspiracy or concerted action with other persons, makes repeated calls or simultaneous calls solely to harass any person at the called number or numbers.

§ 387-17 Open cisterns, wells, basements or other dangerous excavations. [1]

No person shall have or permit on any premises owned or occupied by him/her any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings, except for new construction. All such places shall be filled, securely covered or fenced in such manner as to prevent injury to any person, and any cover shall be of a design, size and weight that the same cannot be removed by small children.
[1]:
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 387-18 Gambling, lotteries and fraudulent devices and practices.

All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the City, except as provided by state law. Any law enforcement officer of the City may seize anything devised solely for unlawful gambling or found in actual use for gambling within the City and dispose thereof after a judicial determination that such device was used solely for gambling or found in actual use for gambling.

§ 387-19 Obstructing emergency or rescue personnel.

A. 
Definitions. For the purposes of this section, the following definitions apply to the terms as used herein:
AMBULANCE
An emergency vehicle, including any motor vehicle, boat or aircraft, whether privately or publicly owned, which is designated, constructed or equipped to transport patients.
AMBULANCE ATTENDANT
A person who is responsible for the administration of emergency care procedures and proper handling and transporting of sick, disabled or injured persons, including but not limited to ambulance attendants and ambulance drivers.
AMBULANCE SERVICE PROVIDER
A person engaged in the business of transporting sick, disabled or injured persons by ambulance to or from facilities or institutions providing health services.
AUTHORIZED EMERGENCY VEHICLE
Any of the following:
(1) 
Police vehicles, whether publicly or privately owned.
(2) 
Conservation wardens' vehicles or foresters' trucks, whether publicly or privately owned.
(3) 
Vehicles of a fire department or fire patrol.
(4) 
Privately owned motor vehicles being used by deputy state fire marshals or by personnel of a full-time or part-time fire department or by members of a volunteer fire department while en route to a fire or on an emergency call pursuant to orders of their chief or other commanding officer.
(5) 
Such emergency vehicles of municipal or county departments or public service corporations as are designated or authorized by the local authorities to be authorized emergency vehicles.
(6) 
Such emergency vehicles of state departments as are designated or authorized by the heads of such departments to be authorized emergency vehicles.
(7) 
Such ambulances, publicly owned, as are designated or authorized by local authorities to be authorized emergency vehicles.
(8) 
Such ambulances which are privately owned and are operated by owners or their agents and which vehicles are authorized by the Sheriff or others designated by the County Board to be operated as emergency vehicles. The Sheriff or others designated by the County Board may make such authorization which shall be in writing and which shall be effective throughout the state until rescinded. The Sheriff or others designated by the County Board may designate any owner of ambulances usually kept in the county to operate such vehicles as authorized emergency vehicles. Such written authorization shall at all times be carried on each ambulance used for emergency purposes. The Sheriff shall keep a file of such authorizations in his/her office for public inspection, and all other persons permitted to issue authorizations shall file a copy of all authorizations issued with the Sheriff who shall keep them on file.
BONA FIDE EMERGENCY or BONA FIDE REQUEST FOR EMERGENCY SERVICES
Those circumstances wherein the caller reasonably believes that person(s) and/or property may be in actual or potential danger of injury and, in the case of person(s), in danger of illness.
EMERGENCY MEDICAL PERSONNEL
Any emergency medical personnel, ambulance attendant, peace officer or firefighter or other person operating or staffing an ambulance or an authorized emergency vehicle.
PERSON
Any individual, firm, partnership, association, corporation, trust, foundation, or company, any governmental agency other than the U.S. government, or any group of individuals, however named, concerned with the operation of an ambulance.
B. 
Prohibitions. It is the intent of the City of New Lisbon, in its adoption of this provision, to protect against the following activities in a manner consistent with that provided by § 941.37, Wis. Stats. The following acts are prohibited and perpetration thereof subjects the violator to penalty as provided by § 1-4 of this Code:
(1) 
Knowingly obstructing any emergency medical personnel in the performance of duties relating to an emergency or rescue.
(2) 
Intentionally interfering with any medical personnel in the performance of duties relating to an emergency or rescue, when it is reasonable that the interference may endanger another's safety.
(3) 
Knowingly making any telephone call to any emergency medical personnel, police agency or fire department for any purpose other than to report a bona fide emergency or to make a bona fide request for emergency services.

§ 387-20 Improper use of lodging establishments.

A. 
For the purposes of this section, the following definitions apply:
ALCOHOL BEVERAGES
Has the meaning given in § 125.02(1), Wis. Stats.
CONTROLLED SUBSTANCES
Has the meaning given in § 961.01(4), Wis. Stats.
LODGING ESTABLISHMENT
Has the meaning given in § 106.52(1)(d), Wis. Stats.
UNDERAGE PERSON
Has the meaning given in § 125.02(20m), Wis. Stats.
B. 
Any person who procures lodging in a lodging establishment and permits or fails to take action to prevent any of the following activities from occurring in the lodging establishment is subject to the penalties provided in § 1-4 of this Code:
(1) 
Consumption of an alcohol beverage by any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
(2) 
Illegal use of a controlled substance.
C. 
An owner or employee of a lodging establishment may deny lodging to an adult if the owner or employee reasonably believes that consumption of an alcohol beverage by an underage person, not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, or illegal use of a controlled substance may occur in the area of the lodging establishment procured.
D. 
An owner or employee of a lodging establishment may require a cash deposit or use of a credit card at the time of application for lodging.

§ 387-21 Smoking.

[Added 10-18-2010 by Ord. No. 2010-2[1]]
A. 
State statute adopted. Section 101.123, Wis. Stats., is hereby adopted in its entirety. Notwithstanding any applicable penalties, the "person in charge" as defined by the above-referenced statute shall receive a warning notice for a first violation.
B. 
Penalties. Each violation of this section shall be punishable by a forfeiture of not less than $100 nor more than $200. Each day that the violation continues is another violation subject to additional penalties.
[1]:
Editor's Note: This section had previously been added 5-17-2010 by Ord. No. 2010-1.