[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.
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.
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.
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)]
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)]
[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.
[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.
COURSE OF CONDUCT
Definition. As used in this section, the following
term shall have the meaning indicated:
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.
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)]
[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.
[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.
[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.
[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.
[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.
[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.
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.
[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.
No person shall operate or be an inmate of a
house of prostitution or engage in prostitution within the City.
[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.
[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.
A.
KNOWINGLY
MARITAL AID DEVICES
MINOR
PERSON
PUBLIC DISPLAY
SEXUALLY EXPLICIT PICTURES, DRAWINGS OR READING MATERIALS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
Those devices used primarily for sexual stimulation or arousal
of the human genitals, pubic region, buttocks, anus or female breast.
Any person under the age of 18 years.
Any individual, partnership, firm, association, corporation
or other legal entity.
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.
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.
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.
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.
No person shall, within the City, display any
indecent advertisement.
[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.
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.
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.
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.
[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.
[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.
[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.
[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.
[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.
No person shall spit upon the floor or stairway
of any public building or on any public sidewalk.
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.
