City of Lodi, WI
Columbia County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Lodi as §§ 15.01 to 15.171, 15.19 to 15.29, 15.32, 15.33 to 15.35 and 15.90 of the City Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 104.
Animals — See Ch. 114.
Outdoor burning — See Ch. 134.
Cigarettes and tobacco products — See Ch. 144.
Direct merchants — See Ch. 156.
Intoxicating liquor and fermented malt beverages — See Ch. 204.
Nuisances — See Ch. 234.
Vehicles and traffic — See Ch. 325.

§ 253-1 through § 253-2. (Reserved)

§ 253-3 Reckless use of weapons.

§ 253-4 Sale and use of fireworks.

§ 253-5 Abandoned refrigerators, iceboxes and containers.

§ 253-6 Disorderly conduct.

§ 253-7 Harassment.

§ 253-8 Drunkenness.

§ 253-9 Loud and unnecessary noise.

§ 253-10 Obedience to officers.

§ 253-11 Gambling, lotteries and fraudulent devices and practices.

§ 253-12 Indecent conduct and language.

§ 253-13 Damage to property; graffiti.

§ 253-14 Possession and consumption of alcohol.

§ 253-14.1 Consumption and possession by underage persons.

§ 253-15 Fraudulent tampering with utility wires, pipes or meters.

§ 253-16 Obstructing public streets and places.

§ 253-17 Sitting on vehicles.

§ 253-18 Unlawful assemblies.

§ 253-19 Disturbing the peace with a motor vehicle.

§ 253-20 Excessive motor vehicle noise levels.

§ 253-21 Criminal gang activity.

§ 253-22 Curfew.

§ 253-23 Entry into locked vehicle.

§ 253-24 Entry into a locked coin box.

§ 253-25 Trespass to land.

§ 253-26 Trespass to dwelling.

§ 253-27 Theft.

§ 253-28 Shoplifting.

§ 253-29 Theft of library material.

§ 253-30 Issuance of worthless checks.

§ 253-31 Possession and use of marijuana.

§ 253-32 Drug paraphernalia.

§ 253-33 Unauthorized presence on school property.

§ 253-34 Unlawful use of telephone.

§ 253-34.1 Unlawful use of computerized communications systems.

§ 253-35 Alteration of property identification marks.

§ 253-36 Attempt to commit prohibited act.

§ 253-37 Parties to prohibited acts.

§ 253-38 Stipulation of guilt or no contest; deposits.

§ 253-39 Violations and penalties.

§ 253-40 Unauthorized reception or use of video services.

§ 253-41 Synthetic marijuana prohibited.

§ 253-42 Littering prohibited.

§ 253-43 Firearms and weapons.

§ 253-1 through § 253-2. (Reserved) [1]

[1]
Editor’s Note: Former § 253-1, Concealed weapons, and § 253-2, Firearms in public buildings, were repealed 9-18-2012 by Ord. No. A-438. See now § 253-43, Firearms and weapons.

§ 253-3 Reckless use of weapons.

A. 
Acts prohibited.
(1) 
No person shall endanger another's safety by reckless conduct in the operation or handling of a firearm, air gun, knife or bow and arrow.
(2) 
No person shall operate or go armed with a firearm, air gun, knife or bow and arrow while he is under the influence of an intoxicant or a controlled substance as that term is defined in Ch. 961, Wis. Stats.
[Amended 10-10-2006 by Ord. No. A-361]
(3) 
No person shall intentionally point a firearm, air gun, knife or bow and arrow at or toward another person.
(4) 
(Reserved)[1]
[1]
Editor’s Note: Former Subsection A(4), regarding the discharge of firearms within the City limits, was repealed 9-18-2012 by Ord. No. A-438. See now § 253-43, Firearms and weapons.
(5) 
No person shall shoot a bow and arrow or crossbow within or across any public street or within or across any property owned or leased by the City of Lodi, unless granted permission to do so by the Common Council.
[Amended 6-3-2014 by Ord. No. A-469]
(6) 
Within the municipal boundary of the City of Lodi, no person shall discharge an arrow from a bow or bolt from a crossbow on or across any property owned or leased by the City of Lodi or dedicated to the municipality or within 100 feet of any building without the written advance permission of the landowner.
[Added 6-3-2014 by Ord. No. A-469]
(7) 
Within the municipal boundary of the City of Lodi, no person shall discharge an arrow from a bow or bolt from a crossbow other than towards the ground.
[Added 6-3-2014 by Ord. No. A-469]
B. 
"Reckless conduct" defined. Reckless conduct consists of an act which creates a situation of unreasonable risk and high probability of death or great bodily harm to another and which demonstrates a conscious disregard for the safety of another and a willingness to take chances of perpetrating an injury.

§ 253-4 Sale and use of fireworks.

Section 167.10, Wis. Stats., exclusive of any penalty provision, is adopted by reference and made a part of this chapter.

§ 253-5 Abandoned refrigerators, iceboxes and containers.

No person shall leave outside any building or dwelling in a place accessible to children any abandoned, unattended, or discarded icebox, refrigerator or any other container of any kind which has snap locks or other device thereon without first removing said snap locks, doors, or other locking device from said icebox, refrigerator, or container.

§ 253-6 Disorderly conduct.

No person shall, within the City, in a public or private place, engage in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which such conduct tends to cause or provoke a disturbance.

§ 253-7 Harassment.

No person shall, with intent to intimidate another person, do any of the following within the City:
A. 
Strike, shove, kick, or otherwise subject another person to physical contact or attempt or threaten to do the same.
B. 
Engage in a course of conduct or repeatedly commit acts which harass or intimidate another person and which serve no legitimate purpose.

§ 253-8 Drunkenness.

No person shall, within the City, be so intoxicated as to disturb the good order and quiet of the City or be found in any place within the City in such a state of intoxication that he is unable to care for his own safety or for the safety of others.

§ 253-9 Loud and unnecessary noise.

No person shall make or cause to be made any loud or 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.

§ 253-10 Obedience to officers.

No person shall, without reasonable excuse or justification, resist or interfere with any officer of the City or refuse to obey any lawful order given by such officer while such officer is doing any act in his official capacity and with lawful authority.

§ 253-11 Gambling, lotteries and fraudulent devices and practices.

All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the City. Any peace officer or policeman of the City is hereby authorized to seize anything devised solely for gambling within the City and to dispose thereof after a judicial determination that said device was used solely for gambling or found in actual use for gambling.

§ 253-12 Indecent conduct and language.

[Amended 10-10-2006 by Ord. No. A-361]
No person shall use any indecent, vile, profane or obscene language or conduct himself in any indecent, lewd, lascivious or obscene manner within the City.

§ 253-13 Damage to property; graffiti.

A. 
It shall be unlawful for any person to intentionally cause damage to any physical property of another without the person's consent.
B. 
It shall be unlawful for any person to intentionally cause damage to any physical property belonging to the City of Lodi or its departments without the consent of the proper authority.
C. 
Where more than one item of property is damaged pursuant to a single intent and design, the damage to all the property may be prosecuted as a single offense.
D. 
Graffiti.
(1) 
"Graffiti" shall mean any writing, printing, marks, symbols, figures, designs, inscriptions, or other drawings which are scratched, scrawled, painted, drawn or otherwise placed on any surface of a building, wall, fence, sidewalk, curb or other structure on public or private property which have the effect of defacing the property.
(2) 
It shall be unlawful to intentionally scratch, scrawl, paint, draw or otherwise place any graffiti on the public or private property of another.
(3) 
It shall be unlawful for any person to intentionally mark, draw, or write with paint, ink or another substance on or intentionally etch into the physical property of another without the other person's consent.

§ 253-14 Possession and consumption of alcohol.

A. 
Off premises. No person shall consume intoxicating liquor or fermented malt beverages or carry about an open container of intoxicating liquor or fermented malt beverage outside a licensed tavern or off the premises of an established picnic area where such possession and consumption are not prohibited. This subsection shall not apply to any person or persons on private property with the permission of the owner or occupant of said property.
B. 
Parked vehicles. No person shall consume any intoxicating liquor or fermented malt beverages or have in his possession or control any open container of intoxicating liquor or fermented malt beverages while in a vehicle parked on a public thoroughfare or any public parking lot.
C. 
Open containers in vehicles prohibited. No person shall possess or permit to be possessed in any moving or parked vehicle under his control any open containers of intoxicating liquor or fermented malt beverages.
D. 
Alcohol beverages; restrictions relating to underage persons. No person may procure for, sell, dispense or give away any alcoholic beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age.
[Added 5-2-2006 by Ord. No. A-357]

§ 253-14.1 Consumption and possession by underage persons.

[Added 12-2-2014 by Ord. No. A-479]
A. 
Restrictions pursuant to § 125.07(4)(b) and (bm), Wis. Stats. No underage person not accompanied by his or her parent, guardian, or spouse who has not attained the legal drinking age may knowingly possess or consume alcoholic beverages.
B. 
Exceptions. An underage person may possess alcoholic beverages in the course of employment during his or her working hours if employed by any of the following:
(1) 
A brewer or brewpub.
(2) 
A fermented malt beverage wholesaler.
(3) 
A permittee other than a Class "B" or "Class B" permittee.
(4) 
A retail licensee or permittee under conditions specified in Chapter 125.32(2), Wis. Stats., or § 125.68(2), Wis. Stats., or for delivery of unopened containers to the home or vehicle of a customer.
(5) 
Selling or serving alcoholic beverages. Pursuant to § 125.32(2), Wis. Stats., or § 125.68(2), Wis. Stats., any underage person who is at least 18 years of age may sell or serve alcoholic beverages on any Class A or Class B premises provided that such underage person is under the direct and immediate supervision of the licensee, agent or manager, or a licensed operator who is on the premises at the time of such sale or service.

§ 253-15 Fraudulent tampering with utility wires, pipes or meters.

It shall be unlawful for any person without permission and for the purpose of obtaining electrical current, gas or water with intent to defraud any vendor of electricity, gas or water to do any of the following:
A. 
Connect or cause to be connected by wire or other device with a wire, cable or conductor of any such vendor.
B. 
Connect or disconnect the meters, pipes or conduits of the vendor or in any other manner tamper or interfere with the meters, pipes or conduits, or connect with the meters, pipes or conduits or other instruments.

§ 253-16 Obstructing public streets and places.

A. 
Definitions. For purposes of this section, the following terms are defined:
LOITERING
Remaining idle in essentially one location and shall include the concept of spending time idly; to be dilatory; to linger; to stay; to saunter; to delay; to stand around; and shall also include the colloquial expression "hanging around."
PUBLIC PLACE
Any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
B. 
Conduct which obstructs or interferes with free and uninterrupted flow of vehicles, traffic or pedestrians may include, without limitation because of enumeration, actions or language which is so offensive to the general public as to make it undesirable for the general public to pass through or near the area where such conduct is taking place.
C. 
Acts prohibited.
(1) 
It shall be unlawful for any person to loiter, loaf, wander, stand or remain idle either alone and/or in consort with others in a public place in such manner so as to:
(a) 
Obstruct any public street, public highway, public sidewalk or any other public place or building by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of vehicles, traffic or pedestrians.
(b) 
Commit in or upon any public street, public place or building any act or thing which is an obstruction or interference to the free and uninterrupted use of property or with any business lawfully conducted by anyone in or upon or facing or fronting on any such public street, public highway, public sidewalk or any other public place or building, all of which prevents the free and uninterrupted ingress, egress, and regress therein, thereof and thereto.
(2) 
When any person causes or commits any of the conditions enumerated in Subsection C(1) herein, a police officer or any law enforcement officer may order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section.
[Amended 10-10-2006 by Ord. No. A-361]
(3) 
Any person who having once been advised by a law enforcement officer that a particular type of conduct is a violation shall upon any future repetitions of the same or essentially similar conduct be guilty of a violation of this section, and the police will not be under a duty in such case to first order the person to stop his conduct or disperse.

§ 253-17 Sitting on vehicles.

It shall be unlawful for any person to sit, stand, lie on or lean against any vehicle without the express consent of the owner. Even with the consent of the owner such conduct may constitute a violation of § 253-16 of the Code if the conditions therein required are met.

§ 253-18 Unlawful assemblies.

A. 
For purposes of this section, the following terms are defined:
UNLAWFUL ASSEMBLY
An assembly which consists of three or more persons and which causes such a disturbance of public order that it is reasonable to believe that the assembly will cause injury to persons or damage to property unless it is immediately dispersed. "Unlawful assembly" includes but is not limited to an assembly of persons who assemble for the purpose of blocking or obstructing the lawful use by any other person or persons of any private or public thoroughfares, property or of any positions of access or exit to or from any private or public building or dwelling place, or any portion thereof, and which assembly does in fact so block or obstruct the lawful use by any other person or persons of any such private or public thoroughfares, property or any position of access or exit to or from any private or public building or dwelling place, or any portion thereof.
B. 
Whoever intentionally fails or refuses to withdraw from an unlawful assembly which he knows has been ordered to disperse by a law enforcement officer shall be guilty of a violation of this section.

§ 253-19 Disturbing the peace with a motor vehicle.

It shall be unlawful for any person to disturb the peace or good order of the City of Lodi in any manner by operation of a motor vehicle.

§ 253-20 Excessive motor vehicle noise levels.

A. 
No person shall operate a motor vehicle so as to cause unreasonable and excessive noise levels within the corporate limits of the City of Lodi, whether by excessive acceleration or braking causing the tires to squeal, by excessive horn blowing, by excessive racing of the motor, by having a modified or inadequately maintained exhaust or braking system, or by any other means.
B. 
Excessive noise caused by emergency situation maneuvers is not a violation of this section when the operator is attempting to avoid a collision with a pedestrian, animal, fixed object or other motor vehicle.
C. 
Emergency situations are defined as circumstances which could not reasonably be foreseen by an alert motor vehicle operator.

§ 253-21 Criminal gang activity.

A. 
Definitions. For purposes of this section, the following terms are defined:
CRIMINAL GANG
An ongoing organization, association or group of three or more persons, whether formal or informal, that has as one of its primary activities the commission of one or more criminal or unlawful acts, or acts that would be criminal or unlawful if the actor were adult, specified in § 939.22(21)(a) to (s), Wis. Stats., or in this chapter, that has a common name or common identifying sign or symbol and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
CRIMINAL GANG ACTIVITY
The commission of, attempt to commit or solicitation to commit one or more of the crimes, or acts that would be crimes if the actor were an adult, listed in § 941.38(1)(b), Wis. Stats., or other unlawful acts committed for the benefit of, at the direction of or in association with any criminal gang, with the specific intent to promote, further or assist in any criminal or unlawful conduct by criminal gang members.
PATTERN OF CRIMINAL GANG ACTIVITY
Has the same meaning as the definition in § 939.22(21), Wis. Stats.
UNLAWFUL ACT
Includes a violation of any of the sections of this chapter or any criminal act or act that would be criminal if the actor were an adult.
B. 
Unlawful activity.
(1) 
It is unlawful for any person to engage in criminal gang activity.
(2) 
It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to commit or attempt to commit any violation of the provisions of this section or any one or more of the sections of this chapter.
(3) 
It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to participate in criminal gang activity.
(4) 
It is unlawful for any person to solicit or attempt to solicit a person who has not attained the age of 18 years to join a criminal gang.

§ 253-22 Curfew.

A. 
It shall be unlawful for any person under 18 years of age to be on foot, cycle, or in or on any type of vehicle or otherwise present in or on any public avenue, highway, road, alley, park, school grounds, swimming pool, cemetery, playground, public building, or any other public place in the City between the hours designated as follows, unless accompanied by his or her parent or guardian, or other adult person having lawful custody and control of his or her person, or unless a lawful exception exists under Subsection C hereof. The fact that said child, unaccompanied by a parent, guardian, or other adult person having legal custody, is found in or on any such public place during the aforementioned hours shall be prima facie evidence that said child is there unlawfully and that no lawful exception to this section exists.
B. 
When used in this section, the term "public place" includes but is not limited to buildings open to the general public, including those which serve food or drinks or provide entertainment and the grounds thereof, and any public or private parking lots or vacant lots.
C. 
Hours. The hours referred to in this section when persons under age 18 shall not be present in or on the places referred to are as follows:
(1) 
From Sunday evening through Thursday evening from 11:00 p.m. to 12:00 midnight and 12:00 midnight to 5:00 a.m. of the morning of the next day.
(2) 
On Friday and Saturday evenings, from 12:00 midnight to 5:00 a.m. of the morning of the next day.
D. 
Exceptions.
(1) 
This section shall not apply to a child:
(a) 
Who is performing an errand as directed by his parent, guardian, or adult person having lawful custody.
(b) 
Who is on his own premises or in the areas immediately adjacent thereto.
(c) 
Whose employment makes it necessary to be upon the streets, alleys, or public places or in any motor vehicle during such hours.
(d) 
Who is returning home from a supervised school, church, or civic function.
(e) 
Who is engaged in activities protected by the First Amendment of the Constitution of the United States.
[Added 11-7-2006 by Ord. No. A-363]
(2) 
These exceptions shall not, however, permit a child to unnecessarily loiter about the streets, alleys, or public places or be in a parked motor vehicle on the public streets.
(3) 
Violations of this section shall be limited to only those circumstances where an officer has reason to believe that no defense or exception to the section applies.
[Added 11-7-2006 by Ord. No. A-363]
E. 
It shall be unlawful for any parent, guardian, or other adult person having the lawful care, custody, and control of any person under 18 years of age to allow or permit such person to violate the provisions of this section. The fact that prior to the present offense a parent, guardian, or custodian was informed by any law enforcement officer of a separate violation of this section occurring within 30 days of the present offense shall be prima facie evidence that such parent, guardian, or custodian allowed or permitted the present violation. Any parent, guardian, or custodian who shall have made a missing person notification to the Police Department shall not be considered to have allowed or permitted the child who was reported missing to violate this section with respect to violations occurring while the child is subject to the missing person report.
F. 
It shall be unlawful for any person, firm, or organization operating or in charge of any place of amusement, entertainment, refreshment, or other place of business to permit any minor under 18 years of age to be present in or on the grounds of such place in violation of this section. Whenever the owner or person in charge or in control of any place of amusement, entertainment, refreshment, or other place of business shall find person under 18 years of age present in or on the grounds of such place of business during the hours prohibited by this section, and no lawful exception appears to exist, he shall immediately order such person to leave, and if such person refuses to leave said place of business, the operator shall immediately notify the Police Department and inform it of the violation.

§ 253-23 Entry into locked vehicle.

No person shall intentionally enter the locked and enclosed portion or compartment of the vehicle of another without consent and with intent to steal therefrom.

§ 253-24 Entry into a locked coin box.

A. 
It shall be unlawful for any person to intentionally enter a locked coin box of another without consent and with intent to steal therefrom.
B. 
It shall be unlawful for any person to have in his personal possession any device or instrumentality intended, designed or adapted for use in breaking into any coin box, with intent to use the device or instrumentality to break into a coin box and steal therefrom.
C. 
In this section, "coin box" means any device or receptacle designed to receive money or anything of value. The term includes a depository box, parking meter, vending machine, pay telephone, money-changing machine, coin-operated phonograph and amusement machine if they are designed to receive money or other thing of value.

§ 253-25 Trespass to land.

[Amended 9-18-2012 by Ord. No. A-438]
A. 
Section 943.13, Wis. Stats., Trespass to land, is adopted in its entirety, to secure to the extent legally practicable uniform statewide regulation of conduct and to insure peace and good order. The penalty for violation thereof shall be limited to forfeitures. Any person who violates this section shall be subject to a penalty as prescribed herein, § 23-4.
B. 
Also adopted by reference are all future amendments, revisions or modifications of § 943.13, Wis. Stats., Trespass to land.

§ 253-26 Trespass to dwelling.

It shall be unlawful for any person to intentionally enter the dwelling of another without the consent of some person lawfully upon the premises, under circumstances tending to create or provide a breach of the peace.

§ 253-27 Theft.

A. 
Acts prohibited.
(1) 
It shall be unlawful for any person to intentionally take and carry away, use, transfer, conceal, or retain possession of moveable property of another without his consent and with intent to deprive such person permanently of possession of such property.
[Amended 10-10-2006 by Ord. No. A-361]
(2) 
It shall be unlawful for any person to intentionally take and carry away, use, transfer, conceal, or retain possession of moveable property belonging to the City of Lodi or its departments without the consent of the proper authority and with intent to deprive the City of its departments permanently of possession of such property.
B. 
Definitions. For purposes of this section, the following terms are defined:
MOVEABLE PROPERTY
Property whose physical location can be changed, without limitation including electricity, gas, documents which represent or embody intangible rights, and things growing on, affixed to or found in land.
PROPERTY
All forms of tangible property, whether real or personal, without limitation including electricity, gas and documents which represent or embody a chose in action or other intangible rights.

§ 253-28 Shoplifting.

A. 
No person shall intentionally alter indicia of price or value of merchandise or take and carry away, transfer, conceal or retain possession of merchandise held for resale by a merchant without his consent and with intent to deprive the merchant permanently of possession, or the full purchase price, of such merchandise.
B. 
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.
C. 
A merchant or merchant's adult employee who has probable cause for believing that a person has violated this section in his presence may detain such person in a reasonable manner for a reasonable length of time to deliver him to a peace officer, or to his parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he shall not be interrogated or searched against his will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person.

§ 253-29 Theft of library material.

A. 
If shall be unlawful for any person to intentionally take and carry away, transfer, conceal, or retain possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of permanent possession of the material.
(1) 
The concealment of library material beyond the last station for borrowing library material in a library is evidence of intent to deprive a library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library procedures or taken without consent of a library official, agent or employee and which is concealed upon the person or among the belongings of the person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of a person so concealing the material.
(2) 
An official or adult employee or agent of a library who has probable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer, or to the person's parent or guardian in the case of a minor. The detained person shall be promptly informed of the purpose for the detention and be permitted to make phone calls but 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.
B. 
It shall be unlawful for any person who has properly borrowed library material to fail to return such material to the library by the date the material was due to be returned. A person shall be considered to have violated this subsection when:
(1) 
The date the materials were due back has passed and a letter has been sent by the library staff to the borrower's address as shown on the library records demanding return of the materials or payment of the replacement cost thereof; and
(2) 
More than 14 days have elapsed from the mailing of such letter without the materials having been returned or, if the materials have been lost, without the library's cost to replace the materials having been paid by the borrower.

§ 253-30 Issuance of worthless checks. [1]

A. 
No person shall issue any check or other order for the payment of money which, at the time of issuance, he intends shall not be paid.
B. 
Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for the payment of money intended it should not be paid.
(1) 
Proof that, at the time of issuance, the person did not have an account with the drawee;
(2) 
Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order; or
(3) 
Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order.
[1]
Editor's Note: See also § 57-8, Processing fee for worthless checks.

§ 253-31 Possession and use of marijuana.

A. 
Acts prohibited. It shall be unlawful for any person to possess, use, sell or deliver 25 grams or less of marijuana or a marijuana derivative.
[Amended 10-10-2006 by Ord. No. A-361]
B. 
Definition. "Marijuana" means all parts of the plant Cannabis sativa L, whether growing or not, the seeds thereof, the resin extracted from any part of the plant, every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.
C. 
Exception. This section 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 professional practice.

§ 253-32 Drug paraphernalia.

A. 
Definitions. For purposes of this section, the following terms are defined:
DRUG PARAPHERNALIA
All equipment, products and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, as defined in Ch. 961, Wis. Stats. (hereinafter "controlled substance"), in violation of Ch. 961, Wis. Stats., or § 253-31 of this chapter.
[Amended 10-10-2006 by Ord. No. A-361]
(1) 
It includes, but is not limited to:
(a) 
Kits used, intended for use or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
(b) 
Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
(c) 
Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
(d) 
Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
(e) 
Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
(f) 
Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances.
(g) 
Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana.
(h) 
Blenders, bowls, containers, spoons and mixing devices used, intended for use or designed for use in compounding controlled substances.
(i) 
Capsules, balloons, envelopes or other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
(j) 
Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
(k) 
Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, including but not limited to:
[1] 
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls.
[2] 
Water pipes.
[3] 
Carburetion tubes and devices.
[4] 
Smoking and carburetion masks.
[5] 
Objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
[6] 
Miniature cocaine spoons and cocaine vials.
[7] 
Chamber pipes.
[8] 
Carburetor pipes.
[9] 
Electric pipes.
[10] 
Air-driven pipes.
[11] 
Chilams.
[12] 
Bongs.
[13] 
Ice pipes or chillers.
(2) 
"Drug paraphernalia" excludes:
(a) 
Hypodermic syringes, needles and other objects used or intended for use in parenterally injecting substances into the human body.
(b) 
Any items, including pipes, papers and accessories, that are designed for use or primarily intended for use with tobacco products.
PRIMARILY
Chiefly or mainly.
B. 
Determination of drug paraphernalia. In determining whether an object is drug paraphernalia, the following should be considered:
[Amended 10-10-2006 by Ord. No. A-361]
(1) 
Statements by an owner or by anyone in control of the object concerning its use.
(2) 
The proximity of the object in time and space to a direct violation of Ch. 961, Wis. Stats., or § 253-31 of this chapter.
(3) 
The proximity of the object to controlled substances.
(4) 
The existence of any residue of controlled substances on the object.
(5) 
Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons whom the person knows, or should reasonably know, intend to use the object to facilitate a violation of Ch. 961, Wis. Stats., or § 253-31 of this chapter. The innocence of an owner or of anyone in control of the object as to a direct violation of Ch. 961, Wis. Stats., or § 253-31 of this chapter shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
(6) 
Oral or written instructions provided with the object concerning its use.
(7) 
Descriptive materials accompanying the object which explain or depict its use.
(8) 
Local advertising concerning its use.
(9) 
The manner in which the object is displayed for sale.
(10) 
Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.
(11) 
The existence and scope of legitimate uses for the object in the community.
(12) 
Expert testimony concerning its use.
C. 
Prohibited activities.
(1) 
Possession of drug paraphernalia. No person may use, or possess with 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 in violation of Ch. 961, Wis. Stats., or § 253-31 of this chapter.
(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 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 in violation of Ch. 961, Wis. Stats., or § 253-31 of this chapter.
[Amended 10-10-2006 by Ord. No. A-361]
(3) 
Advertisement of drug paraphernalia. No person may place in any newspaper, magazine, handbill or other publication any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia.
[Amended 10-10-2006 by Ord. No. A-361]
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.

§ 253-33 Unauthorized presence on school property.

A. 
Acts prohibited.
(1) 
It shall be unlawful for any person, except as provided in Subsection B hereof, to be present in any school building or on any school grounds located in the City of Lodi without the permission of the school principal, custodian or other person in charge thereof.
(2) 
It shall be unlawful for any person to refuse to leave any school building or school grounds located within the City of Lodi after being requested to leave by the school principal, custodian or other person in charge thereof.
B. 
Exceptions. Subsection A(1) of this section shall not apply to:
(1) 
Students regularly enrolled in schools located within the City of Lodi who have not been suspended, expelled or subjected to other discipline excluding them from attending any school located within the City of Lodi.
(2) 
Students regularly enrolled in schools located within the City of Lodi who have not been properly ordered by the school principal, custodian or other person in charge thereof to leave the school building or school grounds.
(3) 
Persons coming into the school building or grounds for the purpose of attending scheduled school or civil functions or making use of the recreational facilities located upon or within school premises, but as to such attendance or use this exception shall apply only to the portion of the premises on which such facilities are located and during the hours such facilities are specifically open to the general public or an invited portion thereof.
(4) 
Persons coming into the school building or grounds for the purpose of securing authorization to be in said school building or upon said school grounds.
(5) 
Parents or legal guardians of a regularly enrolled student, provided that said persons obtain permission from the school to be in said school building or upon said school grounds.
C. 
Notice. All entrances to the school buildings referred to in Subsection A shall be posted with a notice stating "Entry into School Building by Unauthorized Persons Prohibited."

§ 253-34 Unlawful use of telephone.

It shall be unlawful for any person to do any of the following:
A. 
With intent to frighten, intimidate, threaten, abuse or harass, make a telephone call and threaten to inflict injury or personal harm to any person or the property of any person.
B. 
With intent to frighten, intimidate, threaten, abuse, harass or offend, telephone another and use any obscene, lewd or profane language or suggest any lewd or lascivious act.
C. 
Make or cause the telephone of another repeatedly to ring, with intent to harass any person at the call number.
D. 
Make repeated telephone calls, whether or not conversation ensues, with intent solely to harass any person at the call number.
E. 
Make a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to abuse, threaten or harass any person at the call number.
F. 
Knowingly permit any telephone under his or her control to be used for any purpose prohibited by this section.

§ 253-34.1 Unlawful use of computerized communications systems.

[Added 8-18-2015 by Ord. No. A-490]
A. 
In this section, "message" means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature, or any transfer of a computer program.
B. 
In this section "computer program" means an ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.
C. 
It shall be unlawful for any person to do any of the following:
(1) 
With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message to the person on an electronic mail or other computerized communication system and in that message threatens to inflict injury or physical harm to any person or the property of any person.
(2) 
With intent to frighten, intimidate, threaten, abuse or harass another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message, and in that message threatens to inflict injury or physical harm to any person or the property of any person.
(3) 
With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(4) 
With intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language, or suggests any lewd or lascivious act.
(5) 
With intent to frighten, intimidate, threaten or abuse another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his or her own identity.
(6) 
While intentionally preventing or attempting to prevent the disclosure of his or her identity and with intent to frighten, intimidate, threaten or abuse another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.

§ 253-35 Alteration of property identification marks.

It shall be unlawful for any person to do any of the following with intent to prevent the identification of the property involved:
A. 
Alter or remove any identification mark on any log or other lumber without the consent of the owner.
B. 
Alter or remove any identification mark from any receptacle used by the manufacturer of any beverage.
C. 
Alter or remove any manufacturer's identification number on any personal property or possess any personal property with knowledge that the manufacturer's identification number has been removed or altered. Possession of two or more similar items of personal property with the manufacturer's identification number altered or removed is prima facie evidence of knowledge of the alteration or removal and of an intent to prevent identification of the property.

§ 253-36 Attempt to commit prohibited act.

A. 
Whoever attempts to commit an act prohibited by this chapter may be required to forfeit amounts not to exceed 1/2 the maximum penalty for the completed act.
B. 
An attempt to commit an act prohibited by this chapter requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute a violation of this chapter and that he does acts towards the commission of the violation which demonstrate unequivocally, under all the circumstances, that he formed that intent and would commit the violation except for the intervention of another person or some other extraneous factor.

§ 253-37 Parties to prohibited acts.

A. 
Whoever is concerned in the commission of an act prohibited by this chapter is a principle and may be charged with and convicted of the commission of said act although he did not directly commit it and although the person who directly committed it has not been convicted or has been convicted of some other act prohibited by this chapter.
B. 
A person is concerned in the commission of an act prohibited by this chapter if he directly commits the act, intentionally aids and abets the commission of it, or is a party to a conspiracy with another to commit it or advises, hires, counsels or otherwise procures another to commit it. Such a party is also concerned in the commission of any other act which is committed in pursuance of the intended violation and which under the circumstances is the natural and probable consequence of the intended violation. This subsection does not apply to a person who voluntarily changes his mind and no longer desires that the act be committed and notifies the other parties concerned of his withdrawal within a reasonable time before the commission of the violation so as to allow the others also to withdraw.

§ 253-38 Stipulation of guilt or no contest; deposits.

A. 
Stipulation of guilt or no contest. Stipulation of guilt or no contest may be made by persons arrested for violation of this chapter in accordance with § 66.0114(1)(b), Wis. Stats. Stipulations shall conform to the form contained on the Columbia County Uniform Ordinance Citation. Stipulations may be accepted by the City Police Department.
B. 
Deposits. Any person stipulating guilt or no contest under Subsection A shall deposit a forfeited penalty as provided in a schedule established by the Chief of Police and approved by the Common Council. Deposits may be brought or mailed to the office of the Police Department as directed by the arresting officer.

§ 253-39 Violations and penalties.

A. 
General penalty.
(1) 
Except where a different penalty is provided for violation of a particular section, any person who shall violate any of the provisions of this chapter shall, upon conviction, be subject to a penalty as provided in Chapter 1, § 1-3 of this Code.
[Amended 10-10-2006 by Ord. No. A-361]
(2) 
In addition to any penalty imposed for violation of any provision of this chapter, any person who shall cause physical damage to or destroy any public or private property in violation of § 253-13 of this chapter shall be liable for the cost of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 253-13 of this chapter may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.

§ 253-40 Unauthorized reception or use of video services.

[Added 3-4-2008 by Ord. No. A-392]
A. 
No unauthorized use. It shall be unlawful for any person to make an unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a video system within the City of Lodi for the purpose of receiving any television signal, radio signal, video signal, picture, programs or sound without payment to the provider.
B. 
Tampering. It shall be unlawful for any person, without the provider’s consent, to willfully tamper with, remove or injure any cables, wires or equipment used by a grantee for distribution of television signals, radio signals, video signals, pictures, programs or sound.

§ 253-41 Synthetic marijuana prohibited.

[Added 1-18-2011 by Ord. No. A-414]
A. 
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 material, chemical, compound, mixture, or preparation that is intended to have the same or similar effects of the controlled substance marijuana, including but not limited to synthetic cannabinoids, JWH-018, JWH-073, JWH-200, JWH-081, JWH-250, Hu-210; cannabicyclohexanol, cp 47, 497; or any similar structural analogs commonly found in, referred to, or marketed or sold under the names "K2," "K3," or "K4," "Spice," "Genie," "Yucatan Fire," "Fake, new or legal marijuana," or by any other name, label, or description:
(1) 
Salvia divinorum or salvinorin 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, 6-dimethyl-3 (2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-l-ol-some trade or other name; HU-210;
(3) 
1-Pentyl-3-(1-naphthoyl) indole-some trade or other name; JWH-018, spice;
(4) 
1-Butyl-3-(l-naphthoyl) indole-some trade or other name; JWH-073;
(5) 
1-(3 {trifluoromethylphenyl}) piperazine-some trade or other name; TFMPP;
(6) 
1-[2-4(4-morpholinyl)ethyl] -3 -(1-naphthoyl) indole or trade name; JWH-200;
(7) 
2-(3-hydroxycyclohexyl)-5-(2-methylocatan-2-yl) phenol or trade names; CP-47, 497;
(8) 
4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl) methanone or trade name; JWH-081;
(9) 
(1-pentyl-1H-indol-3-yl)-2-(2methoxyphenyl)-ethanone or trade name; JWH-250;
(10) 
Any similar structural analogs.
B. 
Medical or dental use allowed. Acts otherwise prohibited under Subsection A of § 253-41 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 law.

§ 253-42 Littering prohibited.

[Added 6-5-2012 by Ord. No. A-431]
A. 
No person shall place, throw, deposit or leave any glass, plastic, cans, garbage, trash, rubbish, waste or filth, or other unwholesome substance (hereinafter referred to as "litter"), upon the street, alleys, highways, public parks, sidewalks or other property of the City, or upon any private property not owned by him/her, or upon, or into, any body of water or navigable waterway within the City.
A.1. 
Dumping of refuse and grass in gutters prohibited. No person shall deposit any refuse, leaves, or grass clippings in any gutter, public street, road, alley or highway.
[Added 2-5-2013 by Ord. No. A-442]
B. 
Litter from conduct of commercial enterprise.
(1) 
Scope. The provisions of this subsection shall apply to all sales, promotions and other commercial ventures that result in litter being deposited on any street, alley or other public way.
(2) 
Litter to be cleaned up. Any person, firm, corporation or association carrying on an enterprise that results in litter being deposited on any street, alley or other public way shall clean up the same within 12 hours of being deposited. If any such litter is subject to being blown about, it shall be picked up immediately. If any such litter is likely to attract animals or vermin, such litter shall be picked up immediately.
(3) 
Litter picked up at litterer's expense. If any person, firm, limited-liability company, corporation or association fails to pick up any litter as required herein, within the time specified, the City may remove, or contract to have removed, the litter. The entire expense of picking up such litter, together with an additional charge of 20% for administrative expense, shall be charged to the person, firm, limited-liability company, corporation or association that did the littering. If such sum is not promptly paid, steps shall be taken, with the advice of the City Attorney, to collect the same. This charge shall be in addition to any forfeiture or other penalty for violation of this section.
C. 
Enforcement. Law enforcement shall be responsible for the enforcement of this section.
D. 
Penalty. Any person, firm, limited-liability company, corporation or association may be subject to a penalty pursuant to § 1-3, Violations and penalties.
E. 
Special charges. In addition to the penalties provided for the violation of this section, the City may remove, or contract to have removed, the litter. Any cost incurred by the City in order to remove the litter shall be deemed a special charge for current services. If not paid within 30 days of being invoiced, the special charge, together with an additional charge of 20% shall be charged for administrative expense, all to be deemed a special charge for current services. If not paid within 30 days of being invoiced, the special charge, together with interest calculated at the rate of 1 1/2% per month from the date of the invoice, shall be a lien upon the property from which the litter emanated, or upon the property owned by the person, firm, limited-liability company, corporation or association responsible for the litter. Said special charge shall be included in the current or next tax roll for collection and settlement in accordance with the provisions of §§ 66.0627 and 74.01(4) Wis. Stats.

§ 253-43 Firearms and weapons.

[Added 9-18-2012 by Ord. No. A-438]
A. 
No person except an authorized police officer shall discharge any firearm within the City corporate limits unless the discharge of said weapon is justified or, had it been subject to a defense described in § 939.45, Wis. Stats.
B. 
No person may go armed with a concealed weapon without a valid permit issued by the State of Wisconsin or another state whose permit is recognized by the State of Wisconsin or is an authorized police officer or a former police officer duly authorized under § 175.49, Wis. Stats. No person may go armed with a concealed weapon at any of the following locations:
(1) 
Any building or facility owned or leased by the City of Lodi.
(2) 
Any government building or facility that is posted under the provisions of § 943.13, Wis. Stats.
(3) 
Any privately owned building or facility where notice has been given under provision of § 943.13, Wis. Stats.
C. 
No person except an authorized police officer shall go armed with a weapon or a firearm (concealed or not concealed) at any of the following locations:
(1) 
Any portion of a building that is a police station or a municipal courtroom or any other building that is restricted under the provisions of § 175.60(16), Wis. Stats.
(2) 
Any governmental building or facility that is posted under the provisions of § 943.13, Wis. Stats.
(3) 
Any location used for voting.
D. 
It shall be unlawful for any person to enter or remain at a special event if the organizers of the special event have notified the person or persons not to remain at the special event while carrying a firearm or that type of firearm. This section does not apply if the firearm is in a vehicle driven or parked in the parking area.