A. 
Adoption of state statutes. Sections 938.02 and 938.17(2), Wis. Stats., are hereby adopted and by reference made a part of this section as if fully set forth herein.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT
A person who is 18 years of age or older, except that for purposes of prosecuting a person who is alleged to have violated any civil law or municipal ordinance, "adult" means a person who has attained 17 years of age.
JUVENILE
A person who is less than 18 years of age, except that for purposes of prosecuting a person who is alleged to have violated a civil law or municipal ordinance, "juvenile" does not include a person who has attained 17 years of age.
C. 
Provisions of chapter applicable to juveniles. Subject to the provisions and limitations of § 938.17(2), Wis. Stats., complaints alleging a violation of any provision of this Code of Ordinances against juveniles may be brought on behalf of the City of Onalaska and may be prosecuted utilizing the same procedures in such cases as are charged with the same offense.
D. 
No incarceration as penalty. The court shall not impose incarceration as a penalty for any person convicted of an offense prosecuted under this division.
A. 
Citation process. For violations of this chapter, juveniles may be cited by the citation process on a form approved by the City Attorney and Chief of Police. A parent notification will be mailed to the parent or legal guardian.
A. 
Prohibited. No person who is 17 years of age or under shall be on foot, bicycle, or in any type of vehicle on any public street, avenue, alley, park, school grounds or other public places in the City between the hours of 11:00 p.m. and 5:00 a.m. Sunday through Thursday and between the hours of 12:00 p.m. and 5:00 a.m. on Friday and Saturday, unless accompanied by a parent or guardian or person having lawful custody and control of their person or unless there exists a reasonable necessity therefor. The fact that the child, unaccompanied by parent, guardian or other person having legal custody, is found upon any street, alley or public place during the aforementioned hours shall be prima facie evidence that the child is there unlawfully and that no reasonable excuse exists therefore.
B. 
Parental responsibility. It shall be unlawful for any parent, guardian or other 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 Subsection A above. 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 herein who shall have made a missing person notification to the Police Department shall not be considered to have allowed or permitted any person under 18 years of age to violate this section.
C. 
Responsibility of places of amusement. No person operating or in charge of any place of amusement, entertainment, refreshment or other place of business shall permit any minor under 18 years of age to loiter, loaf or idle in such place during the hours prohibited by this section. Whenever the entertainment, refreshment or other place of business, during the hours prohibited by this section, finds person under 18 years of age loitering, loafing or idling in such place of business, they shall immediately order such person to leave, and if such person refuses to leave, the operator shall immediately notify the Police Department and inform it of the violation.
D. 
Detaining a minor. Every law enforcement officer is hereby authorized to detain any minor violating the provisions above until such time as the parent, guardian or person having legal custody of the minor shall be immediately notified, and the person so notified shall as soon as reasonably possible thereafter report to the Police Department for the purpose of taking the custody of the minor and shall sign a release for the minor. If no response is received, the law enforcement officer shall take whatever action is deemed necessary in the best interest of the minor; provided, however, that no detention of a minor shall occur unless the law enforcement officer has reason to believe that no defense or exception to the curfew applies.
E. 
Exceptions. The provisions of Subsection A shall not apply to:
1. 
Minors returning home from municipal, religious and school activities; or
2. 
Minors during or returning from employment.
A. 
It shall be unlawful for any person under the age of 17 years of age, with intent, to steal or take property from the person or presence of the owner without the owner's consent and with the intent to deprive the owner of the use thereof and to intentionally receive or conceal property they know to be stolen.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
HARMFUL TO MINORS
Any reproduction, imitation, characterization, description, exhibition, presentation or representation, of whatever kind of form, depicting nudity, sexual conduct, or sexual excitement when it:
1. 
Predominately appeals to indecent, shameful, or morbid interest;
2. 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and
3. 
Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
MINOR
Any person under the age of 18 years of age.
NUDITY
Showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple. Breastfeeding of a baby does not under any circumstance constitute "nudity," irrespective of whether or not the nipple is covered during or incidental to feeding.
B. 
Sexting prohibited. A minor commits the offense of sexting if they knowingly:
1. 
Use any device capable of electronic data transmission or distribution to transmit or distribute to another person any image, recording, text, correspondence, message or substantially similar form of communication of any person which depicts nudity, as defined above, and is harmful to minors, as defined above.
2. 
Possess any image, recording, text, correspondence, message or other substantially similar form of communication that was transmitted or distributed by another person which depicts nudity and is harmful to minors. A minor does not violate this subsection if all of the following apply:
a. 
The minor did not solicit the photograph, video or substantially similar communication;
b. 
The minor took reasonable steps to report the photograph, video or substantially similar communication to a school or law enforcement officer; and
c. 
The minor did not transmit or distribute the photograph, video or substantially similar communication to a third party other than a law enforcement officer.
A. 
No person shall intentionally shelter or conceal a minor child who:
1. 
Is a "runaway child," meaning a child who has run away from their parent, legal guardian or legal or physical custodian; or
2. 
Is a child who may be taken into custody pursuant to § 938.19, Wis. Stats.
B. 
Subsection A applies when the following conditions are present:
1. 
The person knows or should have known that the child is a child described in Subsection A above; and
2. 
The child has been reported to a law enforcement agency as a missing person or as a child described in Subsection A above.
C. 
Subsection A does not apply to any of the following:
1. 
A person operating a runaway home in compliance with § 48.227, Wis. Stats.; or
2. 
A person who shelters or conceals a child at the request or with the consent of the child's parent, legal guardian or legal or physical custodian except if the sheltering or concealment violates § 948.31, Wis. Stats.; or
3. 
A person who immediately notifies a law enforcement agency, county department of public welfare or social services, or the intake worker of the court exercising jurisdiction under Ch. 48 or 938, Wis. Stats., that they are sheltering or concealing such child and provides the person or agency notified with all information requested.
A. 
Authority. This section is adopted pursuant to the authority granted by § 66.0107 and Ch. 948, Wis. Stats.
B. 
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 an adult, specified in § 939.22(21)(a) through (s), Wis. Stats., 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.
PATTERN OF CRIMINAL GANG ACTIVITY
Shall have the same meaning as the definition in § 939.22(21), Wis. Stats., the list of offenses in Subsections (a) through (s) of that section, to Title 11 of this Code of Ordinances.
UNLAWFUL ACT
Includes any criminal act or act that would be criminal if the actor were an adult.
C. 
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 of age to:
a. 
Commit or attempt to commit any violation of the provisions of this section;
b. 
Participate in criminal gang activity; or
c. 
Join a criminal gang.
A. 
Penalty.
1. 
Any parent, guardian or person having legal custody of a minor in violation of Section 11.04.13 who has been warned and who thereafter violates any of the provisions of that section shall be subject to the general penalty as set forth in Section 1.01.17 of this Code.
2. 
Any minor violating the provisions of Section 11.04.13 may be referred to the proper authorities as provided in Ch. 48, Wis. Stats.
3. 
Any person violating the provisions of Sections 11.04.16 and 11.04.17 shall be subject to a fine of not more than $500.
4. 
Penalties. Violations of this chapter by a person under the age of 18 years of age shall be punishable according to the general penalty section, Section 1.01.17, of this Code, exclusive of the provisions therein relative to commitment in the county jail and §§ 938.17(2), 938.343, 938.344 and 938.345, Wis. Stats. Nothing in this section shall prevent the Police Department, in its discretion, from referring cases directly to the District Attorney's office.
A. 
Definitions. For the purposes of this section:
ELECTRONIC SMOKING DEVICE
Any device that can be used to deliver nicotine or any other substances to the person inhaling from the device.
NICOTINE PRODUCT
A product that contains nicotine, including, but not limited to, gum, beverages or devices manufactured as electronic cigarettes, electronic cigars, electronic pipes or any other product name.
TOBACCO PRODUCTS
Any tobacco-related device and any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco, and shall include any nicotine product or electronic smoking device that can be used to deliver nicotine or any other substances to the person inhaling from the device.
B. 
Purchase by minors prohibited. It shall be unlawful for any person under the age of 18 years of age to purchase tobacco products, or to misrepresent their identity or age, or to use any false or altered identification for the purpose of purchasing tobacco products or nicotine products.
C. 
Possession by minors prohibited. It shall be unlawful for any person under the age of 18 years of age to possess any tobacco products; provided that the possession by a person under the age of 18 years of age under the direct supervision of the parent or legal guardian of such person in the privacy of the parent's or legal guardian's home shall not be prohibited.
D. 
Sale of tobacco products to minors prohibited. No person may purchase cigarettes, tobacco products or nicotine product on behalf of or provide to any person who is under 18 years of age. A law enforcement officer shall seize any cigarettes, tobacco products, electronic smoking device or nicotine products.
E. 
Statutes adopted. The provisions of §§ 254.92, 134.66 and 778.25(1)(a), Wis. Stats., are adopted by reference and incorporated herein.
F. 
Violations. For purposes of determining previous violations, the thirty-month period shall be measured from the dates of violations that resulted in an imposition of a fine or a conviction. For the purpose of determining whether or not a previous violation has occurred, if more than one violation occurs at the same time, all those violations shall be counted as one violation. A person who commits a violation of Subsections B or C shall be subject to a fine according to the general penalty section, Section 1.01.17, of this Code, exclusive of the provisions therein relative to commitment in the county jail. A person who commits a violation of Subsection D may be:
1. 
Fined not more than $500 if the person has not committed a previous violation within 30 months of the violation; or
2. 
Fined not more than $500 or imprisoned for not more than 30 days or both if the person has committed a previous violation within 30 months of the violation.
3. 
Fined not more than $1,000 or imprisoned for nor more than 90 days or both if the person has committed two previous violations within 30 months of the violation.
4. 
Fined not more than $10,000 or imprisoned for not more than nine months or both if the person has committed three or more previous violations within 30 months of the violation.
5. 
In addition to the fines provided in Subsection F1 through 4 above, a court shall suspend any cigarette license issued under Title 7 of this Code of Ordinances to a person violating this subsection for:
a. 
Not more than three days, if the court finds that the person committed a violation within 12 months after committing one previous violation;
b. 
Not less than three days nor more than 10 days, if the court finds that the person committed a violation within 12 months after committing two other violations; or
c. 
Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing three other violations.
A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
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, selling, distributing, delivering, 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., in violation of this section. It includes but is not limited to:
1. 
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.
2. 
Kits used, intended for use, or designed for use in manufacturing, selling, distributing, delivering, compounding, converting, producing, processing, or preparing controlled substances.
3. 
Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance.
4. 
Testing equipment used, intended for use, or designed for use in identifying or in analyzing the strength, effectiveness, or purity of controlled substances.
5. 
Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.
6. 
Diluents and adulterants, such as quinine, hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances.
7. 
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.
8. 
Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances.
9. 
Capsules, balloons, envelopes, or other containers used, intended for use, or designed for use in packaging small quantities of controlled substances.
10. 
Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances.
11. 
Hypodermic syringes, needles, or other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.
12. 
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:
a. 
Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
b. 
Water pipes;
c. 
Carburetion tubes and devices;
d. 
Smoking and carburetion masks;
e. 
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;
f. 
Miniature cocaine spoons and cocaine vials;
g. 
Chamber pipes;
h. 
Carburetor pipes;
i. 
Electric pipes;
j. 
Air-driven pipes;
k. 
Chillums;
l. 
Bongs; and/or
m. 
Ice pipes or chillers.
B. 
Determination of drug paraphernalia. In determining whether an object is drug paraphernalia, the following shall be considered, without limitation of such other considerations a court may deem relevant:
1. 
Statements by an owner or by anyone in control of the object concerning its use.
2. 
Prior convictions, if any, of an owner or of anyone in control of the object, under any City, state or federal law relating to any controlled substance.
3. 
The proximity of the object in time and space to a direct violation of this section.
4. 
The proximity of the object to controlled substances.
5. 
The existence of any residue of controlled substance on the object.
6. 
Direct or circumstantial evidence of the intent of the 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 this section. The innocence of an owner, or of anyone in control of this object, as to a direct violation of this section shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia.
7. 
Oral or written instructions provided with the object concerning its use.
8. 
Descriptive materials accompanying the object which explain or depict its use.
9. 
National and local advertising concerning its use.
10. 
The manner in which the object is displayed for sale.
11. 
Direct or circumstantial evidence of the ratio of sales of the object to the total sale of the business enterprise.
12. 
The existence and scope of legitimate uses for the object in the community;
13. 
Expert testimony concerning its use.
C. 
Prohibited uses.
1. 
Possession of drug paraphernalia. No person may use, or possess with the sole 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 this section.
2. 
Manufacture or delivery of drug paraphernalia. No person may deliver, or possess with intent to deliver, drug paraphernalia, knowing that it will be solely 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 this section.
3. 
Delivery of drug paraphernalia by a minor to minor. Any person who is under 18 years of age, who violates Subsection C3 by delivering drug paraphernalia to a person under 18 years of age who is at least three years younger than the violator, is guilty of a special offense.
4. 
Exemption. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Ch. 161, Wis. Stats. This section does not prohibit the possession, manufacture or use of hypodermics in accordance with Ch. 961, Wis. Stats.
D. 
Penalties. Any person who violates Subsection C. Upon conviction, the Court shall suspend the juvenile's operating privilege, as defined in § 340.01(40), Wis. Stats., for not less than six months nor more than five years and, in addition, shall order one of the following penalties:
1. 
For a first violation, a fine of not more than $50 or participation in community service work under § 938.34(5g), Wis. Stats., or both.
2. 
For a violation committed within 12 months of a previous violation, a fine of not more than $100 or participation in community service work under § 938.34(5g), Wis. Stats., or both.