City of Burlington, WI
Racine County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 9.04, 9.05, 9.055, 9.06, 9.065, 9.07, 9.10, 9.11, 9.12, 9.157, 9.16, 9.17, 9.19, 9.20, 9.25, 9.26, 9.40 and 11.11 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency government — See Ch. 31.
Alarm systems — See Ch. 96.
Amusements and special events — See Ch. 100.
Animals — See Ch. 104.
Open burning — See Ch. 119.
Drugs and drug paraphernalia — See Ch. 135.
Graffiti — See Ch. 170.
Intoxicating liquor and fermented malt beverages — See Ch. 187.
Loitering — See Ch. 204.
Noise — See Ch. 219.
Nuisances — See Ch. 227.
Weapons — See Ch. 308.

§ 238-1 Obstructing streets and sidewalks.

No person shall stand, sit, loaf, loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the City in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place.

§ 238-2 Unlawful assembly.

No person shall participate in an unlawful assembly. 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.

§ 238-3 Unauthorized presence on school grounds.

A. 
No person shall visit or loiter in any public school building or on any public school district property or upon any public sidewalk or parkway adjacent to or abutting public school district property or upon any public street or alley within 200 feet of public school district property without the permission of the principal, custodian or other person in charge of such public school.
B. 
The provisions of Subsection A shall not include students specifically designated by assignment in such school, unless ordered to leave by the principal or custodian or other person in charge, nor shall it include parents or legal guardians of students or other persons having business which will require them to register at the office of the school or contact some other official at the school.
[Amended 10-2-1990 by Ord. No. 1315(21)]
C. 
As used herein, the term "loiter" or "visit" shall mean to stand, stay or be present within the territory set forth in Subsection A above without any direct purpose or to remain in such location aimlessly or idly or to be in such area for some prohibited or otherwise illegal purpose.

§ 238-4 Disorderly conduct.

No person shall, within the City:
A. 
In any public or private place, engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or other disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to disturb or annoy any other person or persons.
B. 
Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
C. 
Make a telephone call with intent to annoy, harass or offend another, whether or not conversation ensues, or knowingly permit any telephone under his or her control to be used to make such a call.
[Amended 11-18-2003 by Ord. No. 1740(20)]
D. 
Use a computerized communication system to send a message intended to annoy, harass or offend another or knowingly permit or direct another person to send such a message.
[Added 11-18-2003 by Ord. No. 1740(20)]

§ 238-4.1 (Reserved)

§ 238-4.2 Disrupting funeral or memorial service prohibited; state statute adopted.

[Added 8-19-2008 by Ord. No. 1868(10)]
Section 947.011, Wis. Stats., Disrupting a funeral or memorial service, is adopted in its entirety as though fully set forth herein, and a person convicted of a first violation of this section shall be subject to a penalty as set forth in § 238-25 of this Municipal Code.

§ 238-4.3 (Reserved)

§ 238-4.4 (Reserved)

§ 238-4.5 Harassment prohibited.

[Added 8-19-2008 by Ord. No. 1868(10)]
A. 
State statute adopted. Section 947.013(1m), Wis. Stats., Harassment, is adopted and further broadened as set forth herein.
B. 
Definition. As used in this section, the following term shall have the meaning indicated:
COURSE OF CONDUCT
A pattern of conduct composed of a series of acts (consisting of at least two acts) over a period of time, however short, evidencing a continuity of purpose.
C. 
Harassment prohibited. No person, with intent to harass or intimidate another person, may:
(1) 
Strike, shove, kick or otherwise subject the person to physical contact or attempt or threaten to do the same; or
(2) 
Engage in a course of conduct or repeatedly commit acts which harass or intimidate the person and which serve no legitimate purpose. Such course of conduct or repeated acts may consist of conduct which is solely verbal, solely physical, or a combination of both.

§ 238-5 Trespassing.

Whoever does any of the following is subject to the penalties provided in this chapter in § 238-25:
A. 
Trespass to land. Whoever enters or remains on the land of another after having been notified by the owner or occupant not to enter or remain on the premises.
B. 
Trespass to dwellings. Whoever intentionally enters the dwelling of another without the consent of some person lawfully on the premises, under circumstances tending to create or provoke a breach of the peace.
[Amended 11-18-2003 by Ord. No. 1740(20)]
C. 
Trespass to a medical facility. Whoever intentionally enters a medical facility without the consent of some person lawfully on the premises, under circumstances tending to create or provoke a breach of the peace.
[Added 11-18-2003 by Ord. No. 1740(20)]
D. 
Trespass to a construction site or into a locked building, dwelling or room. Whoever enters a locked or posted construction site or a locked and enclosed building, dwelling or room of another without the consent of the owner or a person in lawful possession of the premises.
[Added 11-18-2003 by Ord. No. 1740(20)]

§ 238-6 Unauthorized entries.

[Added 11-18-2003 by Ord. No. 1740(20)]
Whoever does any of the following is subject to the penalties provided in § 238-25 of this chapter:
A. 
Entry into locked vehicle. Whoever intentionally enters the locked and enclosed portion or compartment of the vehicle of another without consent and with intent to steal therefrom.
B. 
Entry into a locked coin box. Whoever intentionally enters a locked coin box of another without consent and with intent to steal therefrom, or whoever has in personal possession any device or instrumentality intended, designed or adapted for use in breaking into a locked coin box, with intent to use the device or instrumentality to break into a coin box and steal therefrom. In this subsection, "coin box" means any device or receptacle designed to receive money or any other thing of value, including but not limited to a depository box, parking meter, vending machine, pay telephone, money-changing machine, or coin-operated phonograph or amusement machine.

§ 238-7 Theft.

[Amended 5-6-1997 by Ord. No. 1555(4); 11-18-2003 by Ord. No. 1740(20)]
The provisions of § 943.20, Wis. Stats., defining theft are adopted and made a part of this section by reference. A violation of the provisions of § 943.20, Wis. Stats., when the value of the property does not exceed the amount set forth in § 943.20(3)(a), Wis. Stats., shall constitute a violation of this section.

§ 238-7.1 Theft of telecommunications service.

[Added 8-19-2008 by Ord. No. 1868(10)]
The provisions of § 943.45, Wis. Stats., theft of telecommunications service, are adopted and made a part of this section by reference. A violation of the provisions of § 943.45, Wis. Stats., shall constitute a violation of this section.

§ 238-7.2 Theft of commercial mobile service.

[Added 8-19-2008 by Ord. No. 1868(10)]
The provisions of § 943.455, Wis. Stats., Theft of commercial mobile service, are adopted and made a part of this section by reference. A violation of the provisions of § 943.455, Wis. Stats., shall constitute a violation of this section.

§ 238-7.3 Theft of video service.

[Added 8-19-2008 by Ord. No. 1868(10)]
The provisions of § 943.46, Wis. Stats., Theft of video service, are adopted and made a part of this section by reference. A violation of the provisions of § 943.46, Wis. Stats., shall constitute a violation of this section.

§ 238-7.4 Theft of satellite cable programming.

[Added 8-19-2008 by Ord. No. 1868(10)]
The provisions of § 943.47, Wis. Stats., Theft of satellite cable programming, are adopted and made a part of this section by reference. A violation of the provisions of § 943.47, Wis. Stats., shall constitute a violation of this section.

§ 238-8 Obedience to officers.

No person shall resist or in any way interfere with any officer of the City while such officer is doing any act in his official capacity and with lawful authority or shall refuse to assist an officer in carrying out his duties when so requested by the officer.

§ 238-9 Gambling, lotteries and fraudulent devices and practices.

[Amended 11-18-2003 by Ord. No. 1740(20)]
Except as allowed and controlled by state law, all forms of gambling, lotteries and fraudulent devices and practices are prohibited within the City. Any police officer of the City may seize anything devised solely for gambling or found in actual use for gambling within the City and dispose thereof after a judicial determination that such device was used for gambling or found in actual use for gambling.

§ 238-10 Prostitution.

No person shall operate or be an inmate of a house of prostitution or engage in prostitution within the City.

§ 238-11 Pandering.

[Added 11-18-2003 by Ord. No. 1740(20)]
No person shall engage in pandering by soliciting another to have nonmarital sexual intercourse or commit an act of sexual gratification in public or in private with a person the solicitor knows is a prostitute, nor shall anyone direct or transport a person to a prostitute or direct or transport a prostitute to a person with the intent to facilitate nonmarital intercourse or an act of sexual gratification in public or in private.

§ 238-12 Indecent conduct.

[Amended 11-18-2003 by Ord. No. 1740(20)]
No person shall engage in public fornication, as set forth in § 944.15, Wis. Stats., engage in a public act of sexual gratification, as set forth in § 944.17, Wis. Stats., engage in lewd and lascivious behavior, as set forth in § 944.20, Wis. Stats., make a lewd, obscene or indecent drawing or writing in public or in a public place, or send obscene or sexually explicit electronic messages, as set forth in § 944.25, Wis. Stats. This section does not apply to a mother's breast-feeding of her child.

§ 238-13 Display of sexually explicit materials in establishments accessible to minors.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
KNOWINGLY
Having knowledge of the character and content of the cover and interior of the written material or purpose of the marital aid device, or failure to exercise reasonable inspection which would disclose the character and content of the cover and interior of such written material or purpose of such marital aid device.
MARITAL AID DEVICES
Those devices used primarily for sexual stimulation or arousal of the human genitals, pubic region, buttocks, anus or female breast.
MINOR
Any person under the age of 18 years.
PERSON
Any individual, partnership, firm, association, corporation or other legal entity.
PUBLIC DISPLAY
The placing, exposing or exhibiting of sexually explicit pictures, drawings or reading material or marital aid devices in or on a newsstand, display rack, window, showcase, display case or similar place so that such material or devices are easily visible from a public thoroughfare or sidewalk or from that portion of the interior of any business or commercial establishment to which minors have access.
SEXUALLY EXPLICIT PICTURES, DRAWINGS OR READING MATERIALS
Any picture, drawing, book, magazine or newspaper which contains on the cover or interior any photograph, picture, drawing, animation, depiction or other visual representation depicting specified anatomical areas or specified sexual activities as hereinafter defined.
SPECIFIED ANATOMICAL AREAS
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast below a point immediately above the top of the areola; also human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual stimulation or arousal; sexual intercourse or sodomy; and the fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
B. 
Display of sexually explicit pictures, drawings or reading materials. No person shall knowingly publicly display marital aid devices or sexually explicit pictures, drawings or reading materials in any business establishment in the City which is accessible to minors; provided, however, that such sexually explicit pictures, drawings or reading material may be displayed behind a checkout counter or cash register stand or adjacent to such counters or stands which have no rear access. If such pictures, drawings or reading material behind or adjoining a checkout counter or cash register stand is visible to customers, it must be displayed on a rack, stand or ledge which has an opaque screen or border of sufficient height so that only the top two inches of reading material, exposing only the title, are visible.
C. 
Exceptions. Nothing in this section shall be construed to apply to the public display of any of the following:
(1) 
Any art or photography publication which devotes at least 25% of the lineage of each edition to articles and advertisements dealing with the subjects of art and photography.
(2) 
Any news periodical which reports or describes current events and which, from time to time, publishes photographs or drawings of nude or seminude persons in connection with dissemination of the news.
(3) 
Any publication which describes and reports on different cultures and which may, from time to time, publish photographs or depictions of nude or seminude persons when describing cultures in which nudity or seminudity is indigenous to the population.
(4) 
Any medical or bona fide educational publications.
D. 
Penalty. Any person who shall violate any of the provisions of this section and amendments or additions thereto shall, upon conviction, forfeit not more than $500 together with the costs of prosecution or, in default of payment, may be imprisoned in the county jail for a period not to exceed 30 days. Each day during which a violation continues shall be determined a separate and distinct offense.

§ 238-14 Indecent advertising.

No person shall, within the City, display any indecent advertisement.

§ 238-15 Damage to or destruction of property.

[Amended 11-18-2003 by Ord. No. 1740(20)]
No person shall cause physical damage to or destroy the property of another or of the City without the person's or the proper authority's consent.

§ 238-16 Open cisterns, wells, basements or other dangerous excavations.

No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fenced in such manner as to prevent injury to any person, and any cover shall be of a design, size and weight that the same cannot be removed by small children.

§ 238-17 Abandoned or unattended iceboxes and containers.

No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside without first removing such door or lid, snap lock or other locking device from such ice box, refrigerator or container, unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.

§ 238-18 Issue of worthless check.

A. 
No person shall issue any check or other order for the payment of money in the sum of $2,500 or less which, at the time of issuance, he intends shall not be paid.
[Amended 11-18-2003 by Ord. No. 1740(20)]
B. 
Any of the following is prima facie evidence that the person, at the time he 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, he did not have an account with the drawee;
(2) 
Proof that, at the time of issuance, he did not have sufficient funds or credit with the drawee and that he failed, within five days after receiving notice of nonpayment or dishonor, to pay the check or other order; or
(3) 
Proof that, when presentment was made within a reasonable time, the issuer did not have sufficient funds or credit with the drawee and he failed, within five days after receiving notice of nonpayment or dishonor, to pay the check or other order.
C. 
This section does not apply to a postdated check or to a check given for a past consideration, except a payroll check.
D. 
In addition to the penalties set forth in § 238-25 of this chapter, the court may order a person violating this section to pay restitution pursuant to § 800.093, Wis. Stats.
[Amended 11-18-2003 by Ord. No. 1740(20)]

§ 238-19 Retail theft.

[Amended 11-18-2003 by Ord. No. 1740(20)]
A. 
State statute adopted. The provisions of § 943.50, Wis. Stats., defining retail theft are adopted and made a part of this section by reference. A violation of the provisions of § 943.50, Wis. Stats, when the value of the merchandise does not exceed the amount set forth in § 943.50(4)(a), Wis. Stats., shall constitute a violation of this section.
B. 
In addition to the penalties set forth in § 238-25 of this chapter, the court may order a person violating this section to pay restitution pursuant to § 800.093, Wis. Stats.

§ 238-20 Demolition of historic building without authorization.

[Added 11-18-2003 by Ord. No. 1740(20)]
The provisions of § 943.014, Wis. Stats., setting forth the prohibition against demolition of a historic building without authorization, are adopted and made a part of this section by reference. A violation of the provisions of § 943.014, Wis. Stats., shall constitute a violation of this section.

§ 238-21 Fraud on hotel or restaurant keeper or taxicab operator.

[Added 11-18-2003 by Ord. No. 1740(20)]
A. 
State statute adopted. The provisions of § 943.21, Wis. Stats., defining fraud on hotel or restaurant keeper or taxicab operator, are adopted and made a part of this section by reference. A violation of the provisions of § 943.21, Wis. Stats., when the value of any beverage, food, lodging, accommodation, transportation or other service does not exceed the amount set forth in § 943.21(3)(a), Wis. Stats., shall constitute a violation of this section.
B. 
In addition to the penalties set forth in § 238-25 of this chapter, the court may order a person violating this section to pay restitution pursuant to § 973.20, Wis. Stats.

§ 238-22 Receiving stolen property.

[Added 11-18-2003 by Ord. No. 1740(20)]
The provisions of § 943.34, Wis. Stats., setting forth the prohibition against receiving stolen property, are adopted and made a part of this section by reference. A violation of the provisions of § 943.34, Wis. Stats., when the value of the property does not exceed that set forth in § 943.34(1)(a), Wis. Stats., shall constitute a violation of this section.

§ 238-23 Theft of library material.

[Added 11-18-2003 by Ord. No. 1740(20)]
The provisions of § 943.61, Wis. Stats., defining theft of library material, are adopted and made a part of this section by reference. A violation of the provisions of § 943.61, Wis. Stats., when the value of the property does not exceed the amount set forth in § 943.61(5)(a), Wis. Stats., shall constitute a violation of this section.

§ 238-24 Spitting.

No person shall spit upon the floor or stairway of any public building or on any public sidewalk.

§ 238-25 Violations and penalties.

Except as otherwise provided in this chapter, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Municipal Code. Any person who shall violate § 238-15 shall also be liable for the cost of the property destroyed or injured, and the parents of an unemancipated minor who shall violate such section shall be liable for such costs under § 895.035, Wis. Stats.