City of Monroe, WI
Green County
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Table of Contents
Table of Contents

§ 9-4-1 Aircraft regulations.

§ 9-4-2 Disorderly house; disorderly conduct.

§ 9-4-3 Lewd and lascivious behavior.

§ 9-4-4 Disturbing the peace.

§ 9-4-5 Possession of alcohol beverages in public or on a commercial quadricycle.

§ 9-4-6 Gambling.

§ 9-4-7 Loitering.

§ 9-4-8 Property offenses.

§ 9-4-9 Battery.

§ 9-4-10 Trespass to property.

§ 9-4-11 Handbills, advertising materials.

§ 9-4-12 Obstruction of aisles, exits.

§ 9-4-13 Scaffolds.

§ 9-4-14 Barbed wire and electric fences.

§ 9-4-15 Noxious weeds.

§ 9-4-16 Fireworks.

§ 9-4-17 Discharge of firearms.

§ 9-4-18 Carrying concealed weapon.

§ 9-4-19 Radio interference.

§ 9-4-20 Nuisance noise and sound levels regulation.

§ 9-4-21 Resisting or obstructing officer.

§ 9-4-22 Issue of worthless check.

§ 9-4-23 Sale of poisons.

§ 9-4-24 Unauthorized person prohibited on school grounds.

§ 9-4-25 Littering.

§ 9-4-26 Theft.

§ 9-4-27 Retail theft.

§ 9-4-28 Failure to return library materials.

§ 9-4-29 Fraud on residential landlords.

§ 9-4-30 Obtaining utility service by fraud.

§ 9-4-31 Fraud on hotel or restaurant keeper, recreational attraction, taxicab operator, or gas station.

§ 9-4-32 Purchase or possession of tobacco products prohibited.

§ 9-4-33 Restrictions on sale or gift of cigarettes or tobacco products.

§ 9-4-34 Curfew.

§ 9-4-35 Marijuana, synthetic cannabinoids and drug paraphernalia.

§ 9-4-36 Truancy, habitual truancy, dropout, and contributing to truancy.

§ 9-4-1 Aircraft regulations.

[12-17-1991; 2016 Code]
(A) 
No person shall engage in acrobatic or trick flying over the city.
(B) 
No person shall operate an aircraft over the city at an altitude of less than 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet from the aircraft, except for purposes of taking off from and landing at the Monroe municipal airport.
(C) 
No person, while flying over the city, shall drop any object except the emergency dropping of loose water or loose sand ballast.
(D) 
A person who violates any provision of this section shall upon conviction be subject to a class 3 forfeiture.

§ 9-4-2 Disorderly house; disorderly conduct.

[10-18-1983; 9-5-1995; 2016 Code]
(A) 
Disorderly house. No person, as owner, agent of the owner, lessee, tenant, occupant, visitor, guest or as a trespasser of any building, enclosure, structure, tent, garden, yard, room or other place within the city shall permit or engage in "disorderly conduct" as defined in subsection (B) of this section, or allow any excessive noise which causes a disturbance to others.
(B) 
Disorderly conduct. No person shall, in a public or private place, engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.
(C) 
Annoying phone calls. No person shall telephone another with the intent to frighten, intimidate, threaten, harass, annoy, or offend, or telephone another and use any obscene, lewd, or profane language or suggest any lewd or lascivious act, or threaten to inflict injury or physical harm to the person or property of any person. No person shall attempt to extort money or other thing of value from any person, or to otherwise disturb by anonymous telephone call, the peace, quiet or right of privacy of any person at the place where the telephone call was received whether or not conversation ensues.
(D) 
Harassment. No person shall, with intent to harass or intimidate another person, do any of the following:
(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.
(3) 
This subsection does not prohibit any person from participating in lawful conduct in labor disputes under section 103.53 of the Wisconsin statutes.
(E) 
Unlawful assemblies. No person shall fail or refuse to withdraw from an unlawful assembly which has been ordered to disperse.
(1) 
An "unlawful assembly" is 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.
(2) 
An "unlawful assembly" includes an assembly of persons who assemble to block or obstruct 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.
(F) 
Penalty. Any person who violates any provision of this section shall upon conviction be subject to a class 3 forfeiture.

§ 9-4-3 Lewd and lascivious behavior.

[12-17-1991; 2016 Code]
(A) 
No person shall commit an indecent act of sexual gratification with another with knowledge that they are in the presence of others.
(B) 
No person shall publicly and indecently expose his or her genitals or pubic area.
(C) 
Any person violating any provision of this section shall upon conviction be subject to a Class 3 forfeiture.

§ 9-4-4 Disturbing the peace.

[10-18-1983; 2016 Code]
(A) 
No person shall disturb the peace and good order of the city in any manner as to be annoying to others, whether the disturbance occurs in his or her own home or elsewhere.
(B) 
No person shall disturb or annoy any congregation, audience, public meeting or lawful assembly or persons or join others in so doing, nor shall any person annoy any person in any public place.
(C) 
Any person who violates any provision of this section shall upon conviction be subject to a class 2 forfeiture.

§ 9-4-5 Possession of alcohol beverages in public or on a commercial quadricycle.

[11-5-2014; 2016 Code]
(A) 
No person shall be in possession of any alcohol beverage in any open container while in or upon any public park, street, alley, sidewalk or public way, or area held out for public use, or while riding upon a commercial quadricycle as defined in section 340.01(8m) of the Wisconsin statutes, except pursuant to a permit issued by the city authorizing such possession.
(B) 
No person shall be in possession of any alcohol beverage in an open container while in a motor vehicle in or upon any public street, alley, sidewalk or public way, or area held out for public use.
(C) 
Any person who violates this section shall upon conviction be subject to a class 4 forfeiture.

§ 9-4-6 Gambling.

[7-2-1985; 2016 Code]
(A) 
Gambling houses. No person shall keep or maintain any house or other place for a gambling purpose, and no person shall visit any gambling house or other place for a gambling purpose.
(B) 
Seizure of gambling devices. The mayor, chief of police or any police officer of the city may seize or direct to be seized, any instrument, devices or thing used a gambling purpose and all such instruments, devices or things so seized shall be disposed of under the order of the court.
(C) 
Penalty. Any person who violates any provision of this section shall upon conviction be subject to a class 1 forfeiture.

§ 9-4-7 Loitering.

[6-19-1984; 3-18-1986; 5-5-1993; 10-19-2010; 2016 Code]
(A) 
Loitering or prowling prohibited. It is unlawful for any person to 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.
(1) 
Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of a police officer, refuses to identify himself or herself or attempts to conceal himself or herself or any object.
(2) 
Unless flight by the person or other circumstances makes it impracticable, a police officer shall, before any arrest for an offense under this section, allow the person an opportunity to dispel any alarm which would otherwise be warranted by requesting such person to identify himself or herself and explain his or her presence and conduct.
(3) 
No person shall be convicted of an offense under this paragraph if the police officer did not comply with subparagraph (2) of this paragraph, or if it appears at trial that the explanation given by the person, if believed by the police officer, would have dispelled the alarm.
(B) 
Obstruction to others.
(1) 
Obstruction of highway. No person shall obstruct any street, bridge, sidewalk or crossing by loitering in or upon the same after being requested to move on by any police officer.
(2) 
Obstruction to traffic. No person shall loiter individually, in groups or crowds upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public places within the city in such manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, sidewalks, street crossings and bridges or other public places by persons passing along or over the same.
(C) 
Loitering in buildings or on property owned, leased or operated by the city. No person shall loaf or loiter in any waiting room, lobby or other portion of any building owned, leased or operated by the city, or to remain in or on any such building for longer than reasonably necessary to transact such business as such person may have to transact in such building.
(D) 
Penalty. Any person who violates any provision of this section shall upon conviction be subject to a class 4 forfeiture.

§ 9-4-8 Property offenses.

[8-10-2012; 2016 Code]
(A) 
Damage to property. Whoever intentionally causes damage to the physical property of another without the person's consent shall upon conviction be subject to a class 3 forfeiture.
(B) 
Corruption of well. Whoever injures or corrupts any public or private well shall upon conviction be subject to a class 3 forfeiture.
(C) 
Graffiti. Whoever intentionally marks, draws or writes with paint, ink or another substance on or intentionally etches into the physical property of another without the other person's consent shall upon conviction be subject to a class 3 forfeiture.

§ 9-4-9 Battery.

[6-19-1984; 2016 Code]
(A) 
No person shall cause bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed.
(B) 
Any person who violates this section shall upon conviction be subject to a class 2 forfeiture.

§ 9-4-10 Trespass to property.

[7-9-1997; 2016 Code]
(A) 
Restricted use area. No person shall intentionally enter or remain upon any real property in violation of one or more lawful restrictions placed upon the use of such property by the owner or person in lawful possession thereof, if:
(1) 
The person present has received oral or written notice of the restrictions applicable to the property from the owner or person in lawful possession of the property, or
(2) 
There is clearly visible from the location of the person one or more signs stating the restrictions applicable to the property and the sign or signs visible to such person meet the following criteria:
A) 
The statement of restrictions must be clear, concise and reasonably inform persons of the nature of the restrictions.
B) 
Lettering stating the restrictions must be at least two inches in height and clearly legible.
(B) 
Dwelling or structure. No person shall do the following in or about a dwelling or structure of another:
(1) 
Intentionally enter or remain within such dwelling or structure without the consent of the owner or person in lawful possession thereof.
(2) 
Prowl about or peek in the windows of such dwelling or structure.
(3) 
Perform any act which is intended or naturally tends to:
A) 
Frighten or alarm persons within such dwelling or structure, or
B) 
Provoke a breach of the peace in or about such dwelling or structure.
(C) 
Motor vehicle. No person shall climb, lie or sit upon the motor vehicle of another while such vehicle is parked or standing upon any public street, parking lot, or other public place in the city, without the consent of the owner or person in lawful possession thereof.
(D) 
Penalty.
(1) 
Any person who violates subsection (A) or (B) of this section shall upon conviction be subject to a class 3 forfeiture.
(2) 
Any person who violates subsection (C) of this section shall upon conviction be subject to a class 4 forfeiture.

§ 9-4-11 Handbills, advertising materials.

[11-20-1990; 9-4-2001; 11-6-2002; 2016 Code]
(A) 
Declaration of purpose. The council finds that unsolicited distribution of printed materials within the city constitutes a serious problem for residents of the city because such printed materials are frequently distributed to private residences contrary to the wishes of the owner or occupant causing disruption of privacy and inconvenience to residents of the city; such materials, if permitted to be distributed without regulation, will be blown about by the wind causing unsightly accumulations of litter and substantial expenditures of public funds for cleanup; such materials may accumulate at a residence during vacations or other absences of the owner or occupant thereby indicating the residence is temporarily vacant and inviting burglary or other criminal activity; and the distribution of such materials on and along public streets and sidewalks can impede the orderly flow of vehicular and pedestrian traffic.
(B) 
Definitions. In this section:
DISTRIBUTION
Means the delivery of a handbill to one or more locations within the city by means other than the United States mail. Distribute shall be given the same meaning as "distribution."
DISTRIBUTOR
Means a person who causes, supervises, directs, oversees or is otherwise responsible for distribution.
HANDBILL
Means any handbill, dodger, circular, booklet, card, pamphlet, sheet or other written or printed notice, or any sample product, any of which advertises any fact, opinion, idea, commodity, article, merchandise, business, meeting, entertainment, person or thing.
PRIVATE RESIDENCE
Means any structure or that part of a structure which is used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.
(C) 
Distribution regulated.
(1) 
Prohibited practices. No person shall:
A) 
Knowingly distribute a handbill, in or upon any lands owned or leased by the city, to a natural person unwilling to accept such handbill.
B) 
Distribute a handbill in or upon an unattended vehicle within the city which is either parked on a public street or in a parking area open to the general public and when such unattended vehicle has posted thereon, in a conspicuous place, a sign or signs of at least eight square inches in area bearing the words "no advertising."
C) 
Distribute a handbill in such a manner as to impede the free flow of traffic upon any street or sidewalk.
D) 
Tack, nail, paste, paint or otherwise affix a handbill upon public property, including any bridge, fence, sidewalk, building, monument, pole or post. Handbills may be affixed upon private property, buildings or billboards with consent of the owner or other authorized person if the same is not otherwise prohibited by this code. This subsection shall not prohibit otherwise lawfully posted legal notices.
E) 
Distribute a handbill from an aircraft or any place above ground level without first obtaining permission from the council. The council shall grant such permission only if it determines that such distribution is not detrimental to the public health and safety. Said distribution shall also be subject to the other requirements of this section.
F) 
Distribute a handbill to the address of a person who has provided written notice to the distributor requesting that future distribution be stopped to such address. Notice shall be considered given on the fifth day after the day of mailing if the mail is addressed to a point within the state and the eighth day after the day of mailing in all other cases.
G) 
Distribute a handbill when a handbill left from a previous distribution by the same distributor remains in the same location. A handbill shall be considered to be in the same location if it is located outside the structure or other premises to which it was originally distributed and is clearly visible from the location of the second handbill placed by the same distributor.
(2) 
Special provisions relating to private residences. Except pursuant to a written subscription or other written authorization by the occupant of a private residence, no person shall distribute a handbill to or upon any private residence in the city:
A) 
When such private residence has posted thereon, in a conspicuous place, a sign or signs of at least eight square inches in area bearing the words "No Advertising."
B) 
Between the hours of 9:00 PM of any day and 8:00 AM of the following day.
(3) 
Disclosure of names. A distributor shall maintain at all times a current written list containing the name and address of each person authorized or directed by the distributor to engage in distribution. A legible copy of such list shall be provided to an authorized representative of the city upon request.
(D) 
Severability. The several subsections, paragraphs and subparagraphs of this section are hereby declared to be severable. If any subsection, paragraph or subparagraph of this section shall be declared by a decision of a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the other provisions of the section or of the subsection of which the invalid portion may be a part.
(E) 
Penalty. Whoever violates this section shall upon conviction be subject to a class 3 forfeiture.

§ 9-4-12 Obstruction of aisles, exits.

[12-17-1991; 2016 Code]
(A) 
No person shall permit the approaches, passageways or aisles leading to or between the seats of any room used for public meetings to be obstructed by any means that impairs free passage to, through or from such seats.
(B) 
Any person who violates any provision of this section shall upon conviction be subject to a class 5 forfeiture.

§ 9-4-13 Scaffolds.

[2016 Code]
(A) 
All scaffolds erected in the city for use in the erection of buildings shall be properly supported, secured, and of sufficient width to ensure the safety of persons using such scaffolds, and to ensure proper support for all materials upon such scaffolds.
(B) 
Any scaffold erected or maintained contrary to the provisions of this section shall be considered a nuisance.
(C) 
Any person erecting or maintaining a scaffold contrary to the provisions of this section shall upon conviction be subject to a class 4 forfeiture.

§ 9-4-14 Barbed wire and electric fences.

[12-17-1991; 2016 Code]
(A) 
No person shall build or maintain any barbed wire or electric fence along any public street adjacent to any sidewalk.
(B) 
No person shall build or maintain any barbed wire or electric fence as a division fence between any lots or parts of lots occupied for residence purposes.
(C) 
A fence shall be considered to be a barbed wire or electric fence if it is constructed, in any part, of barbed wire or electric fence.
(D) 
Any person violating any provision of this section shall upon conviction be subject to a class 5 forfeiture. A separate offense exists each calendar day during which a violation occurs or continues.

§ 9-4-15 Noxious weeds.

[9-1-1981; 2016 Code]
(A) 
The term "noxious weeds" as used in this chapter shall have the meaning set forth in section 66.0407(1)(b) of the Wisconsin statutes.
(B) 
Every person shall destroy all noxious weeds on all lands which he or she shall own, occupy or control. The person having immediate charge of any public lands shall destroy all noxious weeds on such lands.
(C) 
The term "destroy" means the complete killing of weed plants above the surface of the ground by the use of chemicals, cutting, tillage, cropping system, pasturing livestock, or any or all of these in effective combination, at such time and in such manner as will effectually prevent such plants from maturing to the bloom or flower stage.
(D) 
The mayor shall annually before May 16 publish a class 2 notice, under chapter 985 of the Wisconsin statutes, that every person is required by law to destroy all noxious weeds on lands in the city which the person owns, occupies or controls.
(E) 
Duties; powers; collection of tax.
(1) 
The weed commissioner shall investigate reports of noxious weeds in the city; if any person neglects to destroy any noxious weeds as required by this section the weed commissioner shall cause all such weeds to be destroyed in the manner he or she considers most economical. For each day devoted to the destruction of weeds the weed commissioner shall receive such compensation as is determined by the council; the accounting, itemized by parcel of land, shall be presented to the city clerk. The city clerk shall bill the property owner to recover the cost of the destruction of the weeds. Bills not timely paid shall be entered on the next tax roll in a column headed "for destruction of weeds," as a tax upon the land on which such weeds were destroyed, which tax shall be collected as other taxes are, or as taxes are collected on personal property under section 74.11 of the Wisconsin statutes, except lands which are exempt from taxation in the usual way. For railroad or other lands not taxed in the usual way, the amount chargeable against the same shall be certified by the city clerk to the Wisconsin secretary of administration who shall add the amount designated to the sum due from the company owning, occupying or controlling the lands specified, and the treasurer shall collect the same therefrom as prescribed in sub-chapter I of chapter 76 of the Wisconsin statutes, and return the amount collected to the city.
(2) 
The weed commissioner may enter upon any lands upon which any noxious weeds are growing and destroy them without being liable, either personally or as an agent or independent contractor or servant of the city, to an action in trespass or any other action for damages resulting from the performance of these duties, if reasonable care is exercised in the performance of the duties imposed by this section.
(F) 
References to a specific statute section wherever used in this section shall mean the Wisconsin statutes of 2013-2014 and acts amendatory and supplementary thereto.

§ 9-4-16 Fireworks.

Notes
Click hyperlink for Fireworks Permit
Created: 2017-04-21|Updated: 2017-05-24
http://cityofmonroe.org/DocumentCenter/View/2323
[6-21-1988; 3-1-2005; 2016 Code]
(A) 
Wisconsin statutes adopted. Except as expressly provided in this section, the provisions of section 167.10 of the Wisconsin statutes and all acts amendatory and supplementary thereto, and in replacement thereof, relating to the sale, possession or use of Fireworks are hereby adopted by reference. Any act required to be performed or prohibited by section 167.10 of the Wisconsin statutes is by reference required to be performed or prohibited by this chapter.
(B) 
Definitions. In this chapter:
EXCLUDED COMBUSTIBLE
Means any of the following: a) Fuel or a lubricant. b) A firearm cartridge or shotgun shell. c) A flare used or possessed or sold for use as a signal in an emergency or in the operation of a railway, aircraft, watercraft or motor vehicle. d) A match, cigarette lighter, stove, furnace, candle, lantern or space heater. e) A cap containing not more than one-quarter grain of explosive mixture, if the cap is used or possessed or sold for use in a device which prevents direct bodily contact with a cap when it is in place for explosion. f) A toy snake which contains no mercury. g) A model rocket engine. h) Tobacco and a tobacco product. i) A sparkler on a wire or wood stick not exceeding 36 inches in length that is designed to produce audible or visible effects. j) A device containing less than one-quarter grain of explosive mixture that is designed to spray out paper confetti or streamers. k) A fuseless device containing less than one-quarter grain of explosive mixture that is designed to produce audible or visual effects. l) A device that is designed primarily to burn pyrotechnic smoke-producing mixtures at a controlled rate while remaining on the ground and that produces audible or visual effects and showers of sparks, but not objects, and does not explode. m) A cylindrical fountain that is classified by the federal department of transportation as a division 1.4 explosive, as defined in 49 CFR 173.50, that consists of one or more tubes that remain on the ground while emitting showers of sparks, but not objects, and does not explode. n) A cone fountain that is classified as a Division 1.4 explosive, as defined in 49 CFR 173.50, that remains on the ground while emitting showers of sparks, but not objects, and does not explode.
FIREWORKS
Means anything manufactured, processed or packaged for exploding, emitting sparks or combustion which does not have another common use, but does not include an excluded combustible.
(C) 
Sale. No person may sell or possess with intent to sell fireworks except:
(1) 
To a person holding a permit granted under this chapter.
(2) 
To a city, town or village.
(3) 
Under sections 167.10(3)(b)2 to six of the Wisconsin statutes.
(4) 
Under sections 167.10(4) and (6) of the Wisconsin statutes.
(D) 
Possession and use. No person may possess or use fireworks except pursuant to a permit granted by the council and issued under this chapter.
(1) 
Permit. A permit authorizing the possession and use of fireworks may be issued under this chapter only to a public authority, fair association or civic organization and shall specify all of the following:
A) 
The name and address of the permit holder.
B) 
The date by which fireworks shall be purchased.
C) 
The kind and quantity of fireworks that may be purchased.
D) 
The date, time and exact location of use.
(2) 
Inspection. A copy of the permit application shall be given to the fire chief at least two weeks before the date of authorized use. The fire chief shall make recommendation to the council as to whether to approve or deny the permit.
(3) 
Permit fee. The fee for a permit issued under this chapter shall be set by resolution of the council.
(4) 
Indemnity bond. The city shall require an indemnity bond under section 167.10(3)(e) of the Wisconsin statutes, as recommended by the fire chief, with good and sufficient sureties, or a policy of liability insurance for payment of all claims that may arise by reason of injuries to person or property from the handling, use or discharge of Fireworks under the permit. The bond or policy shall be taken in the name of the city, and a copy of the bond or policy and a copy of the permit shall be filed with the city clerk.
(5) 
Storage. Fireworks used under a permit shall not be stored, kept, sold or discharged within 300 feet of any structure, other than a motor vehicle, which contains more than one gallon of a volatile substance.
(E) 
Possession at public fireworks display. No person may possess or use fireworks or an excluded combustible, other than a match, cigarette lighter, tobacco or a tobacco product, while attending a fireworks display for which a permit has been issued under this chapter if such fireworks display is open to the general public.
(F) 
Penalty.
(1) 
Any person who violates section 9-4-16(C) of this chapter shall upon conviction be subject to a class 1 forfeiture.
(2) 
Any person who fails to obtain a permit required by section 9-4-16(D) of this chapter shall upon conviction be subject to a class 1 forfeiture.
(3) 
Any person who possesses or uses fireworks in violation of section 9-4-16(D) of this chapter shall upon conviction be subject to a Class 4 forfeiture.
(4) 
Any person who possesses or uses fireworks or an excluded combustible in violation of section 9-4-16(e) of this chapter shall upon conviction be subject to a class 5 forfeiture.

§ 9-4-17 Discharge of firearms.

[9-4-1984; 2016 Code]
(A) 
No person shall fire or discharge any gun, pistol or other firearm within the city limits, except when necessary to protect his or her person and except a police officer in the lawful discharge of his or her duty. This section shall not apply to a shooting gallery, nor to military funerals.
(B) 
Any person who violates this section shall upon conviction be subject to a class 2 forfeiture.

§ 9-4-18 Carrying concealed weapon.

[12-29-2011; 2016 Code]
(A) 
Unless expressly authorized by section 11-6-10(H) of this code or by a clearly preemptive state or federal law, no person shall go armed with a concealed and dangerous weapon.
(B) 
Any person who violates this section shall upon conviction be subject to a class 1 forfeiture.

§ 9-4-19 Radio interference.

[1969 Code; 12-17-1991; 2016 Code]
(A) 
Interference prohibited. It shall be unlawful for any person knowingly to operate or cause to be operated, any machine, device, apparatus or instrument in the city between the hours of 8:00 AM and 12:00 midnight, the operation of which shall cause reasonably preventable electrical interference with radio or television reception, within the city; provided, however, that x-ray pictures, examinations or treatments may be made at any time if the machines or apparatus used therefor are properly equipped to avoid all unnecessary or reasonably preventable interference with radio reception and not negligently operated.
(B) 
Exceptions. This section shall not be held or construed to regulate any transmitting, broadcasting or receiving instrument, apparatus or device used or useful in interstate commerce or the operation of which instrument, apparatus or device is licensed or authorized by any act of the Congress of the United States.
(C) 
Penalty. Any person violating any provision of this section shall upon conviction be subject to a class 5 forfeiture. A separate offense exists each calendar day during which a violation occurs or continues.

§ 9-4-20 Nuisance noise and sound levels regulation.

Notes
Click hyperlink for Amplified Sound Permit Application
Created: 2017-05-09
http://www.cityofmonroe.org/DocumentCenter/View/2277

[5-20-2014; 2016 Code]
(A) 
Statement of purpose. The city recognizes that objectionable sounds and nuisance noise is a serious threat to the public health and welfare, public safety, quality of life and property values. Current science and technology permit abatement of sound sources which was not available in the past. Therefore, it is the policy of the city to prevent and abate objectionable sounds and nuisance noise which may jeopardize the public health, safety or welfare or which would cause harm to property values or which would impair the quality of life within the city.
(B) 
Definitions. All terms used in this section that are not defined in this code, shall have the meaning provided by applicable publications of the american national standards institute (ANSI) or its successor body. In this section:
A-WEIGHTED SOUND LEVEL
Means the sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated as db(A) or dBA.
AMBIENT SOUND
Means the all-encompassing sound associated with a given environment being usually a composite of sounds from near and far.
AMPLIFIED SOUND
Means voice or other sound, other than background music, that is amplified by a mechanical or electronic device, or multiple mechanical or electronic devices, whenever the sound amplified is intended to be audible outside a dwelling or business enclosure by an audience located within a geographically defined area.
AUTHORIZED EMERGENCY VEHICLE
Shall have the meaning set forth in section 340.01(3) of the Wisconsin statutes.
BACKGROUND MUSIC
Means amplified music that plays continuously for extended periods of time and that is intended to serve as a background for other activities that occur within a geographically defined area such as shopping or dining.
CONSTRUCTION
Means a non-emergency related activity necessary or incidental to the erection, demolition, assembling, altering, installing, repairing or equipping of buildings, roadways, or utilities, including land clearing, grading, excavating and filling.
EMERGENCY WORK
Means work necessary to restore property to a safe condition following a public calamity, work required to restore public utilities, or work required to protect persons or property from imminent exposure to danger.
IMPULSE SOUND
Means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulse sound include explosions, drop forge impacts and the discharge of firearms.
MUFFLER
Means a sound dissipative device or system for abating sound of escaping gases on equipment where such device is part of the normal configuration of powered equipment.
NUISANCE NOISE
Means any sound which tends to disturb reasonable persons in the vicinity thereof or tends to cause an adverse psychological or physiological effect on humans, regardless of whether such sound exceeds the stationary sound limits imposed by this section.
RECEIVING ZONE
Means the zoning district in which is located the real property at which the sound being measured is received. The zoning classification shall be that as set forth in section 5-1-3 of this code.
SOUND LEVEL METER
Means an instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighing networks used to measure sound pressure levels. The instrument shall comply with the standards for Type 1 or Type 2 sound level meters as specified in the american national standards institute ANSI S1.4-1983 (revised 2001) with amendments s1.4A-1995 or its successor.
STATIONARY SOUND
Means sound emanating from a source that is either affixed to or operated upon a fixed point of land, building or other real property.
TRAFFIC SOUNDS
Means sounds emanating from the normal operation of motorized vehicles, including all-terrain vehicles, upon public or private roads, streets and highways and trails. Nuisance noise which emanates from the operation of one or more motorized vehicles upon private property shall be considered as stationary sound for the purposes of this section.
(C) 
Exemptions.
(1) 
General exemptions. The provisions of this section shall not apply to the following:
A) 
The emission of sound for alerting persons to the existence of an emergency, the emission of sound in the performance of emergency work, or the emission of sound brought about by emergency conditions where such sound is a by product of activities necessary for the preservation of public safety or the protection of the health, safety and welfare of any person or property.
B) 
Warning devices necessary for the protection of public safety, the emission of any sound necessary for the protection of the health, safety, or welfare of person or property or to the emission of any sound which is required by law.
C) 
The operation of authorized emergency vehicles.
D) 
Outdoor sporting events sponsored by a public or private school that is listed in the Wisconsin public school district directory or the Wisconsin private school directory maintained by the Wisconsin department of public instruction or by an organization the membership of which consists of schools listed in either of such directories.
E) 
Public works projects as authorized by the United States government, the state of Wisconsin or other political subdivisions.
F) 
Sounds emanating from the operation of construction machinery when engaged in bona fide, temporary construction work between 7:00 AM and 8:00 PM of the same day.
G) 
Sounds emanating from the operation of lawn or garden equipment, chainsaws or power tools between 7:00 AM and 8:00 PM of the same day when used in bona fide short term property maintenance or repair activities.
H) 
Any fireworks display authorized by a permit issued under to section 9-4-16 of this chapter.
I) 
Any bells or chimes of any building clock, public or private school building, church, synagogue, or other place of religious worship.
J) 
Traffic Sounds emanating from a public street, highway or recreational trail.
K) 
Events sponsored by the city or any of its departments.
L) 
Sounds emanating from vehicles, machinery or equipment when operated by or at the direction of city employees or work performed by or at the direction of city employees, when such sounds are the product of bona fide city sponsored activities.
M) 
Train whistles activated from a moving train to warn of the approaching train.
(2) 
Partial exemption. Subsection (F) of this section shall not apply to sounds emitted pursuant to and in conformance with an amplified sound permit issued under this section.
(D) 
Enforcement. The chief of police shall be responsible for the enforcement of this section unless otherwise noted. The chief of police shall:
(1) 
Investigate all complaints regarding alleged violations of this section.
(2) 
Issue orders requiring violators to comply with this section and issue citations for violations of this section.
(3) 
Maintain permanent and current records of all matters arising out of the enforcement of this section.
(E) 
Determining sound levels. Sound levels shall be measured using the following procedures:
(1) 
Instruments used to measure sound levels must, as a minimum standard, conform to the specifications of the american national standard institute ANSI S1.4-1983 (revised 2001) with amendments S1.4A-1995 for Type 1 or Type 2 sound level meters. Sound level meters shall be capable of both fast and slow meter response.
(2) 
The following steps must be followed when preparing to take sound level measurements:
A) 
The instrument manufacturer's specific instructions for preparation and use of the instrument shall be followed.
B) 
The sound level meter shall be calibrated periodically, under the manufacturer's instructions.
C) 
When outdoor measurements are taken, a windscreen shall be placed over the microphone of the sound level meter under the manufacturer's instructions.
D) 
The sound level meter shall be placed at an angle to the sound source, as specified by the manufacturer's instructions, and placed at least 4 feet above the ground. The meter shall be placed so as not to be interfered with during the taking of sound measurements.
E) 
Measurements shall be taken at any point within a receiving zone which point is outside of the property line of the source of the stationary sound.
F) 
Impulse sound shall be measured with the sound level meter set for fast meter response. All other sound shall be measured with the sound level meter set for slow meter response.
G) 
Under this section, sounds capable of being accurately measured are those sounds which cause no more than (+ or -) 2 decibels fluctuation of the sound level meter or, in the case of impulse sound, the mean average of four peak readings measured over the period of an hour.
(F) 
Maximum permissible sound levels.
(1) 
General limitations. In the following zoning districts the A-Weighted Sound Level emitted from any source of stationary sound shall not exceed the following limits at any point within a receiving zone which point is outside of the property line of the source of the stationary sound:
Receiving Zone
Maximum dBA
R-1, R-2, R-3, A-1, A-2
60 dBA
B-1, B-2 & PUD
70 dBA
M-1, M-2 & M-3
75 dBA
(2) 
Additional restrictions on impulse sound. A reduction of 5 dBA shall apply to each of the limitations set forth under subparagraph (F)(1) of this paragraph for all impulse sounds.
(G) 
Special exception for ambient sound. When the ambient sound at the source of a stationary sound equals or exceeds the decibel limits provided in this section, the owner or operator of the property that is the source of such stationary sound may seek a special exception from the sound limitations of this section. Application for a special exception from the sound limitation shall be made to the city clerk. The public safety committee shall hear and act upon all applications for a special exception under this subsection. The committee may grant the appeal where the committee finds that the ambient sound equals or exceeds the decibel limits for a property in a receiving zone and that the combination of the ambient sound and the sound from the stationary sound producing source does not exceed the limit for the receiving affected property by more than 10 dBA.
(H) 
Nonconforming source. Any source of stationary sound that does not conform to the requirements of this section, which existed lawfully when this section was adopted and which remains nonconforming, or which shall became nonconforming upon the adoption of this section, or of any subsequent amendments thereto, may continue, as provided in this subsection.
(1) 
Any such nonconforming source of stationary sound shall not be modified, altered, added to, or enlarged in any manner unless such modifications, alterations, additions, or enlargements thereto are made to conform with all of the sound or noise control regulations applicable to the source.
(2) 
Any such nonconforming source of stationary sound which is discontinued for one year shall not be used unless the use is made to conform with all of the sound or noise control regulations applicable to the source.
(3) 
Any such nonconforming source of stationary sound shall not be repaired or restored to the extent that the cost of repair or restoration exceeds 50 percent of the full market value of the source. In the event that damage or destruction requires repairs or restoration which is less that 50 percent of such market value, repairs or restoration may be made if work is commenced within one year from the date of the partial destruction and is diligently prosecuted to completion.
(I) 
Effect of zoning change of affected property. When the zoning classification of a receiving property is changed in a manner which would result in a then existing sound source being in noncompliance with this section, the sound source shall be considered a nonconforming and shall be subject to the provisions of subsection (H) of this section.
(J) 
Prohibition of nuisance noises.
(1) 
It shall be unlawful for any person to make or assist in making any nuisance noise unless the making and continuing of the same cannot be prevented and is necessary for the protection or preservation of property or of the health, safety, life or limb of some person.
(2) 
It shall be unlawful for any person, firm, corporation, or other entity occupying or having charge of any building or premises, or any part thereof, to cause or allow any nuisance noise in the operation or use of any radio, stereo or other mechanical or electrical device, instrument or machine.
(3) 
No person shall make nuisance noise with a motor vehicle by squealing tires, excessive acceleration of engine or by emitting unnecessary and loud muffler sounds.
(K) 
Amplified sound permit.
(1) 
Permit. No person shall produce or cause to be produced amplified sound without a permit issued by the city authorizing such amplified sound.
(2) 
Short term amplified sound.
A) 
Permits for amplified sound to be emitted within a period of not more than 6 consecutive days may be approved by the city clerk upon filing of proper application and the payment of a fee in an amount established by resolution of the council.
B) 
No short term amplified sound permit shall be issued for any time that does not fall within a given period of 6 consecutive days. No more than 3 short term amplified sound permits shall be issued to the same person in any consecutive 12 month period.
(3) 
Long term amplified sound.
A) 
Permits for amplified sound that will be emitted during a period exceeding 6 consecutive days may be approved by the public safety committee upon filing of proper application and the payment of a fee in an amount established by resolution of the council.
B) 
All long term amplified sound permits shall expire on a date certain which shall be no later than the next succeeding June 30 following issuance.
C) 
A long-term amplified sound permit may authorize multiple amplified sound events if such events are part of a series of coordinated events sponsored by a single person, company or organization.
(4) 
Issuance by clerk. All amplified sound permits shall be issued by the city clerk.
(5) 
No amplified sound permit shall be issued except upon showing by the applicant that the peace and good order of the city will not be disturbed, nor shall any permit be construed to authorize an act which does disturb the peace and good order of the city.
(L) 
Regulation of background music.
(1) 
Permit required. No person, company or organization may play any form of background music audible in a public area outside a building or structure without having first obtained a permit.
(2) 
Requirements for permit. Application for a permit to play background music for which a permit is required shall be made to the city clerk, who shall be authorized to grant and issue a permit in compliance with the regulations established in this section.
A) 
Term. All background music permits shall expire on a date certain which shall be no later than the next succeeding June 30 following issuance.
B) 
Permit fee. The fee for a background music permit shall be established by resolution of the council.
(M) 
Revocation of permit. A permit issued pursuant to this section may be subject to revocation at any time the permitted music or sound exceeds the maximum permissible sound levels contained in this section or becomes a nuisance noise. The procedure for revocation shall be as follows:
(1) 
Notice. The holder of a permit shall be notified, in writing, of the city's intent to revoke a permit not less than 10 days before the proposed revocation.
(2) 
Hearing. The permit holder shall be permitted a hearing before the council, which will hear such evidence as may be presented. Witnesses will be sworn, and the proceedings will be electronically recorded or otherwise preserved. Witnesses will be subject to examination by the city and by the permit holder. The permit holder may be represented by an attorney, but shall otherwise be required to present evidence pertaining to the revocation of the permit in person. The permit holder shall in all cases be present at the revocation hearing. Hearings will take place at regularly scheduled or special meeting of the council and a majority vote of shall be required to revoke a permit.
(N) 
Penalty.
(1) 
Any person who violates subsection (F) or (J) of this section shall upon conviction be subject to a class 4 forfeiture for the first offense in a 12 month period, a class 3 forfeiture for the second offense in a 12 month period and a class 1 forfeiture for the third or subsequent offense in a 12 month period.
(2) 
Any person who violates subsection (K) or (L) of this section shall upon conviction be subject to a class 5 forfeiture for the first offense in a 12 month period, a class 4 forfeiture for the second offense in a 12 month period and a class 1 forfeiture for the third or subsequent offense in a 12 month period.
(3) 
A separate offense exists each calendar day during which a violation occurs or continues.
(O) 
Severability. If any provision, clause, sentence, paragraph, or phrase of this section or the application thereof to any person or circumstances is held, for any reason by a court of competent jurisdiction, to be invalid or unconstitutional, such decision shall not affect the validity of other provisions or applications of the provisions of this section which can be given effect without the invalid provision or application, and to this end, the provisions of this section are declared to be severable.

§ 9-4-21 Resisting or obstructing officer.

[6-19-1984; 2016 Code]
(A) 
Lawful authority. No person shall knowingly resist or obstruct an officer while such officer is doing any act in an official capacity and with lawful authority.
(B) 
Definitions. In this section:
OBSTRUCT
Includes, without limitation, knowingly giving false information to the officer with intent to mislead him or her in the performance of his or her duty including the service of any summons or civil process.
OFFICER
Means a peace officer or other public officer or public employee having the authority by virtue of his or her office or employment to take another into custody.
(C) 
Serving or executing summons. Whoever, by violating this section, hinders, delays or prevents an officer from properly serving or executing any summons or civil process, is civilly liable to the person injured for any actual loss caused thereby and to the officer or his or her superior for any damages adjudged against either of them by reason thereof.
(D) 
Penalty. Any person who violates this section shall upon conviction be subject to a class 2 forfeiture.

§ 9-4-22 Issue of worthless check.

[1-7-2014; 2016 Code]
(A) 
Unlawful acts. It shall be unlawful for any person to issue any check or other order for the payment of any amount which, at the time of issuance, he or she intends shall not be paid.
(B) 
Prima facie evidence. 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; or
(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 5 days after receiving written notice of nonpayment or dishonor to pay the check or other order, delivered by regular mail to either the person's last-known address or the address provided on 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 5 days after receiving written notice of nonpayment or dishonor to pay the check or other order, delivered by regular mail to either the person's last-known address or the address provided on the check or other order.
(C) 
Inapplicability. This section does not apply to a postdated check or to a check given for a past consideration, except a payroll check.
(D) 
Restitution. Pursuant to section 800.093 of the Wisconsin statutes, in addition to the other penalties provided for violation of this section a judge may order a violator of this section to make restitution.
(E) 
Penalty. A person who violates any provision of this section shall upon conviction be subject to a class 2 forfeiture for the first offense and a class 3 forfeiture for the second or subsequent offense within a 12 month period.

§ 9-4-23 Sale of poisons.

[12-17-1991; 2016 Code]
(A) 
No person shall knowingly vend, give away or deliver within the city any poison unless the same is conspicuously labeled "Poison."
(B) 
A person who violates any provision of this section shall upon conviction be subject to a Class 4 forfeiture.

§ 9-4-24 Unauthorized person prohibited on school grounds.

[6-7-1983; 2016 Code]
(A) 
No student under suspension, expulsion or other discipline excluding him or her from attending school, no person not a student who is enrolled at the school or a person not a parent or guardian of a student who is enrolled at the school, and no person not otherwise authorized to be present in the school or upon the school grounds shall be present within the school or upon its grounds, unless in direct route to secure authorization from the school principal or other person in charge of the school.
(B) 
Any person present within the school or upon its grounds shall, upon the request of the principal or any other person in charge of the school or its grounds, or upon the request of any police officer, display any written authorization which he or she may have to be present, or otherwise explain his or her presence.
(C) 
All entrances to school buildings shall be posted with a notice stating "Entry into school buildings or premises by unauthorized persons is prohibited" or a notice that conveys substantially the same meaning.
(D) 
Authorization to be present at one school shall not be construed as authorization to be present at any other school.
(E) 
This section applies to all schools within the city which are under the jurisdiction of the board of the school district of Monroe.
(F) 
Any person who violates any provision of this section shall upon conviction be subject to a Class 3 forfeiture.

§ 9-4-25 Littering.

[9-20-1983; 2016 Code]
(A) 
No person may litter any public place by depositing, dropping, or throwing any form of trash or refuse any place other than a waste receptacle, nor may any person deposit, drop or throw any form of trash or refuse upon any private place without the consent of the owner.
(B) 
Any person violating this section shall upon conviction be subject to a Class 5 forfeiture.

§ 9-4-26 Theft.

[1-16-1996; 2016 Code]
(A) 
Theft. No person may intentionally take and carry away, use, transfer, conceal, or retain possession of the moveable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property.
(B) 
Definitions. For this section, definitions may be found in subsection 943.20(2), Wisconsin statutes, and all acts supplementary and amendatory thereto.
(C) 
Penalty. Any person who violates this section shall upon conviction be subject to a class 3 forfeiture.

§ 9-4-27 Retail theft.

[3-1-1994; 2016 Code]
(A) 
Definitions. In this section:
MERCHANT
Means any "merchant" as defined in section 402.104(3) of the Wisconsin statutes or any innkeeper, motelkeeper or hotelkeeper.
VALUE OF MERCHANDISE
Means: a) For property of the merchant, the value of the property, not to exceed $1,000.00 for each item of property; or b) For merchandise held for resale, the merchant's stated price of the merchandise, not to exceed $1,000.00 for each item of merchandise, or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the merchant's stated price, the difference between the merchant's stated price of the merchandise and the altered price, not to exceed $1,000.00 difference for each price so altered, transferred or removed.
(B) 
Penalty. Whoever intentionally alters indicia of price or value of merchandise or who takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant or property of the merchant without his or her consent and with intent to deprive the merchant permanently of possession, or the full purchase price of the merchandise, shall upon conviction be subject to a Class 2 forfeiture.
(C) 
Evidence of intent. 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 another is evidence of intentional concealment by the person so concealing such goods.
(D) 
Procedure to detain. A merchant or merchant's adult employee 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 his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose of the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. Any merchant or merchant's adult employee who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts.
(E) 
Evidence; privilege.
(1) 
In any action or proceeding for violation of this section, identified and authenticated photographs of merchandise which was the subject of the violation may be used as evidence in lieu of producing the merchandise.
(2) 
A merchant or merchant's adult employee is privileged to defend property as prescribed in section 939.49 of the Wisconsin statutes.
(F) 
Additional penalties.
(1) 
In addition to the other penalties provided for violation of this section, a judge may order a violator to pay restitution as provided under section 973.20 of the Wisconsin statutes. A victim may not be compensated under both this section and section 943.51 of the Wisconsin statutes.
(2) 
In actions concerning violations of this section, a judge may order a violator to make restitution under section 800.093 of the Wisconsin statutes. A victim may not be compensated under sections 800.093 and 943.51 of the Wisconsin statutes.
(3) 
If the court orders restitution under subsections (F)(1) and (F)(2) of this section, any amount of the restitution paid to the victim under one of those subsections reduces the amount the violator must pay in restitution to the victim under the other subsection.

§ 9-4-28 Failure to return library materials.

[2-7-1984; 7-3-1984; 2016 Code]
(A) 
In this section, "library materials" include any book, plate, pictures, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microfilm, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, artifacts or other documentary, written or printed materials, equipment, regardless of physical form or characteristics, belonging to, on loan to, or otherwise in the custody of a municipal library situated or based within the city.
(B) 
Any person who takes and carries away any library material with the consent of a library official, agent or employee and fails, after the notice required by this section, to timely return the library material, shall upon conviction be subject to a class 4 forfeiture.
(C) 
No person shall be charged with a violation of this section unless such person is provided written notice signed by a library official, agent or employee setting forth at least the following: a reasonable description of the library materials; the date that the library materials were due to be returned; the final date by which either the library materials are to be returned or a written explanation made to the library that the library materials are incapable of being returned because they are lost or destroyed; and the statement: "Your failure to comply with the demands of this notice will subject you to being prosecuted for a violation of section 9-4-28 of the this code (failure to return library materials)" or a statement conveying substantially the same information. Such notice shall be served either by regular, first class mail sent to the person's last known address or by personal service upon such person.

§ 9-4-29 Fraud on residential landlords.

[10-16-2012; 2016 Code]
(A) 
Unlawful acts. It shall be unlawful for any tenant, with intent to defraud, to do any of the following:
(1) 
Intentionally abscond without paying rent that has been contractually agreed upon in an oral or written lease with a landlord. Prima facie evidence of intentionally absconding will be established if a tenant fails to pay rent due before vacating the rental premise, and the non-payment of rent continues for five days after vacation of the premise; or
(2) 
Issue any check, money order or any other form of bank or monetary draft as a payment of rent, where such document lacks sufficient funds, where the account is closed, or where such draft is unredeemable in any other form or fashion.
(B) 
Applicability. This chapter shall apply to rental agreements between residential landlords and tenants only. The words and terms used in this section shall be defined and construed in conformity with the provisions of chapter ATCP 134 of the Wisconsin administrative code, chapter 704 of the Wisconsin statutes, and section 990.001(2) of the Wisconsin statutes.
(C) 
Penalty. Any person who violates any provision of this section shall upon conviction be subject to a class 3 forfeiture for the first such offense. For the second or subsequent offense, any person who violates any provision of this section shall upon conviction be subject to a class 2 forfeiture.

§ 9-4-30 Obtaining utility service by fraud.

[10-16-2012; 2016 Code]
(A) 
Telecommunications service and video service defined. In this section "telecommunications service" shall have the meaning set forth in section 182.017(1g)(cq) of the Wisconsin statutes and the term "video service" shall have the meaning set forth in section 943.46(1)(c) of the Wisconsin statutes.
(B) 
Unlawful acts. It shall be unlawful for any person, with intent to defraud, to obtain or attempt to obtain telecommunication service, video service, gas service, sewer service or water service by any of the following means:
(1) 
Rearranging, tampering with or making connections with any facilities or equipment;
(2) 
Using any contrivance, device or means to avoid payment of the lawful charges, in whole or in part, for such service;
(3) 
Charging such service to another subscriber without the consent of such subscriber thereto, or the legitimate holder thereof.
(C) 
Applicability. This section shall apply when the services either originate or terminate, or both, in this city, or when the charges for services would have been billable, in normal course, by a person providing the services in this city but for the fact services were obtained, or attempted to be obtained, by one or more of the means set forth in this section.
(D) 
Penalty. Any person who violates any provision of this section shall upon conviction be subject to a class 3 forfeiture for the first such offense. For the second and subsequent offense, any person who violates any provision of this section shall upon conviction be subject to a class 2 forfeiture.

§ 9-4-31 Fraud on hotel or restaurant keeper, recreational attraction, taxicab operator, or gas station.

[10-16-2012; 2016 Code]
(A) 
Recreational attraction defined. In this section, "recreational attraction" means a public accommodation designed for amusement and includes theaters, entertainment venues, racetracks, swimming pools, trails, golf courses, carnivals, and amusement parks.
(B) 
Unlawful acts. It shall be unlawful for any person, with intent to defraud, to do any of the following:
(1) 
Having obtained any beverage, food, lodging, ticket or other means of admission, or other service or accommodation at any campground, hotel, motel, boarding or lodging house, restaurant, or recreational attraction, intentionally absconds without paying for it.
(2) 
While a guest at any campground, hotel, motel, boarding or lodging house, or restaurant, intentionally defrauds the keeper thereof in any transaction arising out of the relationship as guest.
(3) 
Having obtained any transportation service from a taxicab operator, intentionally absconds without paying for the service.
(4) 
Having obtained gasoline or diesel fuel from a service station, garage, or other place where gasoline or diesel fuel is sold at retail or offered for sale at retail, intentionally absconds without paying for the gasoline or diesel fuel.
(C) 
Under this section, prima facie evidence of an intent to defraud is shown by:
(1) 
The refusal of payment upon presentation when due, and the return unpaid of any bank check or order for the payment of money, given by any guest to any campground, hotel, motel, boarding or lodging house, or restaurant, in payment of any obligation arising out of the relationship as guest. Those facts also constitute prima facie evidence of an intent to abscond without payment.
(2) 
The failure or refusal of any guest at a campground, hotel, motel, boarding or lodging house, or restaurant, to pay, upon written demand, the established charge for any beverage, food, lodging or other service or accommodation actually provided.
(3) 
The giving of false information on a lodging registration form or the giving of false information or presenting of false or fictitious credentials to obtain any beverage or food, lodging or credit.
(4) 
The drawing, endorsing, issuing or delivering to any campground, hotel, motel, boarding or lodging house, or restaurant, of any check, draft or order for payment of money upon any bank or other depository, in payment of established charges for any beverage, food, lodging or other service or accommodation, knowing that there is not sufficient credit with the drawee bank or other depository for payment in full of the instrument drawn.
(D) 
If a person has obtained a ticket, another means of admission, or an accommodation or service provided by the recreational attraction, his or her failure or refusal to pay a recreational attraction the established charge for the ticket, other means of admission, or accommodation or service provided by the recreational attraction constitutes prima facie evidence of an intent to abscond without payment.
(E) 
The refusal to pay a taxicab operator the established charge for transportation service provided by the operator constitutes prima facie evidence of an intent to abscond without payment.
(F) 
The failure or refusal to pay a service station, garage, or other place where gasoline or diesel fuel is sold at retail or offered for sale at retail the established charge for gasoline or diesel fuel provided by the service station, garage, or other place constitutes prima facie evidence of an intent to abscond without payment.
(G) 
Penalty.
(1) 
Any person who is convicted of an offense under subsections (B)(1), (B)(2), or (B)(3) of this section shall be subject to a class 2 forfeiture for the first such offense. Any person who is convicted of an offense under subsections (B)(1), (B)(2), or (B)(3) of this section a second or subsequent time within a 12 month period shall be subject to a class 1 forfeiture.
(2) 
Any person who is convicted of an offense under subsection (B)(4) of this section shall be subject to a class 3 forfeiture for the first such offense. Any person who is convicted of an offense under subsections (B)(4) of this section a second or subsequent time within a 12 month period shall be subject to a class 2 forfeiture.

§ 9-4-32 Purchase or possession of tobacco products prohibited.

[3-1-1994; 2016 Code]
(A) 
State statute adopted. Section 254.92 of the Wisconsin statutes regulating the purchase or possession of tobacco products by a person under 18 years of age is hereby adopted by reference.
(B) 
Penalty. Any person violating any provision of this section shall upon conviction be subject to a class 5 forfeiture.

§ 9-4-33 Restrictions on sale or gift of cigarettes or tobacco products.

[3-1-1994; 2016 Code]
(A) 
State statute adopted. Section 134.66 of the Wisconsin statutes establishing restrictions on the sale or gift of cigarettes or tobacco products is hereby adopted by reference.
(B) 
Penalty. Any person violating any provision of this section shall upon conviction be subject to a Class 3 forfeiture.

§ 9-4-34 Curfew.

[6-2-1998; 2016 Code]
(A) 
Definitions. In this section:
CURFEW HOURS
Means a) one minute after 11:00 PM on any day, until 5:00 AM the following day, for any person under 16 years of age; b) one minute after 1:00 AM on any day, until 5:00 AM the same day, for any person 16 years of age or older, but less than 18 years of age.
EMERGENCY
Means any unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes a fire, natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT
Means any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
GUARDIAN
Means a person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom the minor has been placed by a court.
MINOR
Means any person under 18 years of age.
PARENT
Means a person who is a natural parent, adoptive parent, or stepparent of another person; or a person at least 18 years of age and specifically authorized by a parent or guardian to have care and control of a minor.
PUBLIC PLACE
Means any place to which the public or a substantial group of the public has access and includes streets, highways, sidewalks, public parking lots, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and businesses.
REMAINS
Means to linger or stay; or fail to leave premises when requested to do so by a police officer or the operator or person in control of the premises.
SERIOUS BODILY INJURY
Means bodily injury that creates substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(B) 
Offenses.
(1) 
A minor commits an offense if the minor remains in any public place or on the premises of any establishment within the city during curfew hours.
(2) 
A parent or guardian of a minor commits an offense if the parent or guardian knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(C) 
Defenses.
(1) 
It is a defense to prosecution under subsection (B) of this section if the minor was:
A) 
Accompanied by the minor's parent or guardian;
B) 
On an errand specifically authorized by the minor's parent or guardian, without any detour or stop;
C) 
In a motor vehicle involved in interstate travel, without any detour or stop;
D) 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
E) 
Involved in an emergency;
F) 
On the sidewalk abutting the minor's residence or abutting the residence of a next - door neighbor if the neighbor did not complain to the police department about the minor's presence;
G) 
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, school, civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, school, civic organization, or another similar entity that takes responsibility for the minor.
(D) 
Enforcement. Before taking any enforcement action under this section, a police officer shall ask the suspected offender's age and reason for being in the public place or on the premises. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (C) of this section is present.
(E) 
Penalty. Any person who violates any provision of this section shall upon conviction be subject to a class 5 forfeiture for the first such offense. For the second and subsequent offense, any person who violates any provision of this section shall upon conviction be subject to a Class 4 forfeiture.

§ 9-4-35 Marijuana, synthetic cannabinoids and drug paraphernalia.

[6-16-2015; 2016 Code]
(A) 
Definitions. In this section:
DRUG PARAPHERNALIA
Shall have the meaning set forth in section 961.571 of the Wisconsin statutes.
MARIJUANA
Shall have the meaning set forth in section 961.01(14) of the Wisconsin statutes.
SYNTHETIC CANNABINOIDS
Shall mean the substances set forth in section 961.14(4)(tb) of the Wisconsin statutes.
(B) 
Wisconsin statutes adopted. Sections 961.14(4)(tb), 961.573(1) and (2), 961.574(1) and (2), and 961.575(1) and (2) of the Wisconsin statutes are hereby adopted by reference.
(C) 
Possession of marijuana prohibited. No person shall possess 25 grams or less of marijuana within the city.
(D) 
Possession of synthetic cannabinoids prohibited. No person shall possess synthetic cannabinoids within the city.
(E) 
Possession of drug paraphernalia. No person shall possess drug paraphernalia within the city.
(F) 
Penalty.
(1) 
Any person who violates subsections (C) or (D) of this section shall upon conviction be subject to a class 2 forfeiture. The forfeiture provided in this subsection shall be doubled for any person who is convicted of violating subsections (C) or (D) of this section on or within a school bus, or within 500 feet of any private or public school, church, park or playground.
(2) 
Any person who violates subsection (E) of this section shall upon conviction be subject to a class 3 forfeiture. The forfeiture provided in this subsection shall be doubled for any person who is convicted of violating subsection (E) of this section on or within a school bus, or within 500 feet of any private or public school, church, park or playground.

§ 9-4-36 Truancy, habitual truancy, dropout, and contributing to truancy.

[3-6-2001; 2016 Code]
(A) 
Definitions. In this section:
ACCEPTABLE EXCUSE
Means any of the following: a) The pupil has graduated from high school; b) A pupil, age 16 or over and who qualifies as a child at risk as defined in the general school operations section of the Wisconsin statutes, and upon written approval by the school board and the pupil's parent or guardian, in lieu of high school or on a part-time basis, may attend a vocational or technical college program leading to the pupil's high school graduation; c) The pupil, age 16 and over, may be excused by the school board if the pupil's parent or guardian agrees in writing that the pupil will participate in a program or curriculum leading to the pupil's high school graduation or high school equivalency diploma, including, but not limited to modifications within the pupil's current academic program, a school work training or work study program, enrollment in any alternative public school or program located in the school district in which the pupil resides, enrollment in any nonsectarian private school or program, homebound study, including nonsectarian correspondence courses or other courses of study approved by the school board or nonsectarian tutoring provided by the school in which the pupil is enrolled or enrollment in any public educational program located outside the school district in which the pupil resides; d) Any pupil who is excused by the school board because the pupil is temporarily not in proper physical or mental condition to attend a school program, but who can be expected to return to a school program upon termination or abatement of the illness or condition. The school attendance officer may request the parent or guardian of the pupil to obtain a written statement from a licensed physician, dentist, chiropractor, optometrist, psychologist, or Christian science practitioner as sufficient proof of the physical or mental condition of the pupil. An excuse under this subsection shall be in writing and shall state the time period for which it is valid, not to exceed 30 days; e) A pupil excused in writing by his or her parent or guardian before the absence. A pupil may not be excused for more than 10 days in a school year under this subsection; f) Instruction in a home-based private educational program, as approved by the school board; g) Any other reason established by the school board specifying when pupils may be permitted to be excused from a public school.
ACT OF COMMISSION OR OMISSION
Means anything that contributes to the truancy of a pupil, whether or not the pupil is adjudged to be in need of protection or services, if the natural and probable consequences of that act would be to cause the pupil to be truant.
DROPOUT
Means a pupil, who has ceased to attend school, continues to reside in the school district, does not attend a public, private or vocational, technical and adult education district school or home-based private educational program on a full-time basis, and has not graduated from high school and does not have an acceptable excuse.
HABITUAL TRUANT
Means a pupil who is absent from school without an acceptable excuse for part or all of five or more days on which school is held during a school semester.
OPERATING PRIVILEGE
Means the authorization to operate a motor vehicle, or to obtain any license, including the authorization to operate vehicles of specific vehicle classes or types, instruction permit, and temporary, restricted or occupational driver's licenses.
PUPIL
Means a child between the ages of six and 18, who is a resident of the city, or who attends a school in the city, and who is required under the compulsory school attendance laws of Wisconsin to attend school regularly.
SCHOOL ATTENDANCE OFFICER
Means an employee, or employees, designated by the school board to deal with matters relating to school attendance and truancy.
TRUANT
Means a pupil who is absent from school without an acceptable excuse for part or all of any day on which school is held during a school semester.
(B) 
Offenses.
(1) 
No pupil shall be a truant.
(2) 
No pupil shall be a habitual truant.
(3) 
No pupil shall be a dropout.
(4) 
No person, 18 years of age or older, who has care, custody, or control over a pupil shall fail to cause the pupil to attend school regularly, and no person shall perform any act of commission or omission, which act encourages or contributes to a pupil's truancy or habitual truancy from school. It is a defense to this section if the person can show that he or she cannot comply with this section due to the disobedience of the pupil.
(C) 
Disposition. If a pupil is adjudged to be a truant, a habitual truant, or a dropout, or a person adjudged to have contributed to truancy, then the court shall enter a dispositional order including one or more of the following:
(1) 
Truant.
A) 
An order for the person to attend school.
B) 
A class 5 forfeiture plus costs for a first violation, or a class 4 forfeiture plus costs for any second or subsequent violation committed within 12 months, subject to the juvenile justice code of the Wisconsin statutes and subject to a maximum cumulative forfeiture amount of not more than the maximum class 4 forfeiture multiplied by 5 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the pupil, the parents or guardian of the pupil, or both.
(2) 
Habitual truant.
A) 
An order for the person to attend school.
B) 
A class 1 forfeiture plus costs, subject to the juvenile justice code of the Wisconsin statutes. All or part of the forfeiture plus costs may be assessed against the pupil, the parents or guardian of the pupil, or both.
C) 
Suspension of the pupil's operating privilege, for not less than 30 days, nor more than one year. The court shall immediately take possession of any suspended licenses and forward it to the department of transportation and a notice stating the reason for and the duration of the suspension.
D) 
An order for the pupil to participate in counseling or a supervised work program or other community service work as described in the juvenile justice code of the Wisconsin statutes. The costs of any such counseling, supervised work program or other community service work may be assessed against the pupil, the parents or guardians of the pupil, or both.
E) 
An order for the pupil to remain at home except during hours in which the pupil is attending religious worship or a school program, including the travel time required to and from the school program or place of worship. The order may permit a pupil to leave his or her home if a parent or guardian accompanies the pupil.
F) 
An order for the pupil to attend an educational program as described in the juvenile justice code of the Wisconsin statutes.
G) 
An order for the Wisconsin department of workforce development to revoke, under section 103.72 of the Wisconsin statutes, a permit under section 103.70 of the Wisconsin statutes authorizing the employment of the pupil.
H) 
An order for the pupil to be placed in a teen court program as described in the juvenile justice code of the Wisconsin statutes.
I) 
An order placing the pupil under formal or informal supervision, as described in the juvenile justice code of the Wisconsin statutes, for up to one year.
J) 
An order for the pupil's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the pupil, or both.
K) 
Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.
(3) 
Dropout.
A) 
The court may suspend the operating privilege of a pupil, age 16 or older, until the pupil reaches the age of eighteen (18). The court shall immediately take possession of any suspended licenses and forward it to the Wisconsin department of transportation and a notice stating the reason for and the duration of the suspension.
(4) 
Contributing to truancy.
A) 
Any person found to be contributing to truancy or contributing to habitual truancy shall upon conviction be subject to a class 5 forfeiture for the first offense, and subject to a class 4 forfeiture for the second or subsequent offense.
(D) 
Prerequisites for conviction of habitual truancy, dropout, and contributing to truancy. No parent or guardian having control of a pupil may be convicted of contributing to truancy, nor any pupil may be convicted of habitual truancy or being a dropout, unless appropriate school personnel or the school attendance officer has, within one year before the commencement of prosecution, done all of the following:
(1) 
Met with the pupil's parent or guardian to discuss the pupil's truancy or attempted to meet with the pupil's parent or guardian and received no response or were refused.
(2) 
Provided an opportunity for educational counseling to the pupil and considered curriculum modifications.
(3) 
Evaluated the pupil to determine whether learning problems are the cause of the truancy and, if so, taken steps to overcome the learning problems.
(4) 
Conducted an evaluation to determine whether social problems are the cause of the pupil's truancy and, if so, taken appropriate action or made appropriate referrals.
(E) 
Applicability. Subsections (D)(2), (D)(3), and (D)(4) of this section shall not apply if the school attendance officer provides evidence that appropriate school personnel were unable to carry out the activity due to the pupil's absences from school.