Town of Lake Tomahawk, WI
Oneida County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk 5-11-1988 as Ch. 9 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs running at large — See Ch. 150, Art. I.
Outdoor burning — See Ch. 173.
Fireworks — See Ch. 206.
Nuisances — See Ch. 270.
Streets, sidewalks and public grounds — See Ch. 325.

§ 284-1 Adoption of state laws by reference; violations and penalties.

The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Town, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under § 1-4 of this Code.
Section of Wis. Stats.
Title/Subject
134.71(1)
Violations by secondhand dealers
173.10
Investigation of cruelty complaints (animals)
175.25
Illegal storage of junked vehicles
218.0146
Used cars/prohibited acts
218.0147
Purchase or lease of motor vehicle by minor
254.76
Causing fires by tobacco smoking
285.30(6)
Pollution by motor vehicle/tampering with pollution control system
939.05
Parties to crime
939.22
Words and phrases defined
939.32
Attempt
941.01
Negligent operation of vehicle (off roadway)
941.10
Negligent handling of burning material
941.12(2), (3)
Interfering with fire fighting
941.13
False alarms
941.20(1)
Reckless use of weapons
941.23
Carrying concealed weapon
941.24
Possession of switchblade knife
941.35
Emergency telephone calls
943.01(1)
Criminal damage to property (less than $1,000)
943.11
Entry into locked vehicle
943.125
Entry into locked coin box
943.13
Trespass to land
943.14
Criminal trespass to dwelling
943.20
Theft ($500 or less)
943.21
Fraud on hotel or restaurant keeper ($500 or less)
943.22
Use of cheating tokens
943.23(2)
Operate auto without owner's consent
943.24
Issue of worthless checks (less than $500)
943.34(1)
Receiving stolen property, value less than $500
943.63
Receiving property from a child
943.37
Alteration of property identification marks
943.41(2),(3), (a to d) or (4)(b)
Credit card crimes, value less than $500
943.50
Retail theft (shoplifting)
944.20
Lewd and lascivious behavior
945.01
Definitions relating to gambling
945.02
Gambling
945.04
Permitting premises to be used for commercial gambling
946.06
Improper use of flag
946.32
False swearing
946.40
Refusing to aid officer
946.41
Resisting or obstructing officer
946.42(1)
Escape
946.68
Simulating legal process
946.69
Falsely assuming to act as a public officer
946.70
Personating peace officer
946.72(2)
Tampering with public records and notices
947.01
Disorderly conduct
947.012
Unlawful use of telephone
947.06
Unlawful assemblies
948.60
Possession of a dangerous weapon by a person under 18
951.01 to 951.15
Crimes against animals
961.41(4)(bm)
Unlawful manufacture/delivery of controlled substance
961.41(3g(e))
Possession of marijuana

§ 284-2 Firearms.

A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PUBLIC BUILDING
All churches, stores (other than stores which sell weapons), Town offices, taverns, restaurants and other structures in which the public is invited to congregate, located within the Town.
WEAPON
All firearms, sling shots, bows and arrows, air rifles and any weapon not named here from which or with which a missile can be projected or discharged.
B. 
Prohibited acts.
(1) 
No firearm, rifle or shotgun, unless it is unloaded and knocked down or completely enclosed within a carrying case shall be in the possession or under the control of any person while such person is inside a public building or place of business, including, but not limited to, places of business which are licensed for the sale of alcohol beverages.
(2) 
No handguns, whether holstered, cased or uncased, shall be worn on a person or otherwise carried while such person is inside a public building or place of business, including, but not limited to, places of business which are licensed for the sale of alcohol beverages.
(3) 
No parent or guardian of any child under the age of 15 years shall knowingly allow such child to violate Subsection B(1) above.
C. 
Exceptions. This section shall not apply to the following:
(1) 
A sheriff, deputy sheriff, warden, constable, US Marshal, state trooper, police officer or other law enforcement officer.
(2) 
The maintenance and use of supervised rifle or pistol ranges or shooting galleries or firearm, rifle or handgun safety courses.
(3) 
Display of unloaded firearms, rifles or handguns in public or private premises.
(4) 
The carrying, other than on the person, display or possession of firearms, including rifles and handguns, for purposes of sale in places of business properly engaged in the business of the sale of firearms.

§ 284-3 Throwing or shooting of arrows, stones and other missiles prohibited.

No person shall throw or shoot any object, arrow, stone, snowball or other missile or projectile, by hand or by any other means at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the Town, provided the Chief of Police may grant a permit for archery for a period of not more than one year.[1]
[1]
Editor's Note: Original Sec. 9.04, Sale and discharge of fireworks restricted, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 206, Fireworks.

§ 284-4 Obstructing streets and sidewalks prohibited.

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 Town 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, except with the permission of the Town Board upon written application to the Board.

§ 284-5 Loud and unnecessary noise prohibited.

No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley or park or on any private residence or business property. Such provision shall apply to all devices, whether operated mechanically or otherwise.

§ 284-6 Gambling, lotteries, fraudulent devices and practices prohibited.

All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the Town. The Police Department shall seize anything devised solely for gambling or found in actual use for gambling within the Town and dispose thereof after a judicial determination that such device was used solely for gambling or found in actual use for gambling as required by state law.

§ 284-7 Loitering prohibited.

A. 
Loitering or prowling. No person shall 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. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
B. 
Obstruction of highway by loitering. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.
C. 
Obstruction of traffic by loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossing or bridges or in any other public places within the Town in such manner as to prevent, interfere with or obstruct the ordinary free use of the public streets, sidewalks, street crossings and bridges or other public places by persons passing along and over the same.
D. 
Loitering after being requested to move. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks or adjacent doorways or entrances, street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant after being requested to move by any police officer or by any person in authority at such places.

§ 284-8 Destruction of property prohibited.

No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the Town or its departments, or to any private person without the consent of the owner or proper authority.[1]
[1]
Editor's Note: The following original sections of the 1988 Code, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Sec. 9.10, Littering prohibited; and Sec. 9.11, Regulation of dogs. For similar provisions, see Ch. 325, Streets, Sidewalks and Public Grounds, and Ch. 150, Animals, Art. I, Dogs, respectively.

§ 284-9 Open cisterns, wells, basements or other dangerous excavations prohibited.

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. Any violation of this section is a public nuisance and may be disposed of in accordance with Ch. 823, Wis. Stats.

§ 284-10 Abandoned or unattended refrigerators or other containers prohibited.

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 ice box, 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.

§ 284-11 Disorderly conduct.

Any person who in a public or private place engages in violent, abusive, indecent, profane, boisterous, assaultive, unreasonably loud or otherwise disorderly conduct under circumstances which such conduct tends to cause or provoke a disturbance or any person who with intent to annoy another makes a telephone call whether or not conversation ensues shall be held in violation of this section.[1]
[1]
Editor's Note: Original Sec. 9.15, Disorderly conduct with a motor vehicle, which immediately followed this section, was deleted from this chapter and moved to Ch. 350, Vehicles and Traffic, at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 284-12 Shoplifting.

A. 
Definitions. In this section, the following terms shall have the meanings indicated:
MERCHANT
Any merchant as defined in § 402.104(3), Wis. Stats., or any innkeeper, motel keeper or hotelier.
(1) 
For property of the merchant, the value of the property; or
(2) 
For merchandise held for resale, the merchant's stated price of the 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.
B. 
Prohibited. No person shall intentionally alter indicia of price or value of merchandise or take and carry away, transfer, conceal or retain possession of merchandise held for resale by a merchant or any property of the merchant without his consent and with intent to deprive the merchant permanently of possession or the full purchase price of the merchandise.
C. 
Concealing unpurchased merchandise. The intentional concealment of merchandise which continues from one floor to another or beyond the last station for receiving payment in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of such person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods.
D. 
Detention. A merchant or his adult employee, who has probable cause for believing that a person has violated this section in his 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 parent or guardian if a minor. The detained person must be promptly informed of the purpose for the detention and permitted to make phone calls, and he shall not be interrogated or searched against his will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. Any merchant or his 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. 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.
F. 
Privilege. A merchant or his adult employee is privileged to defend property as prescribed in § 939.49, Wis. Stats.

§ 284-13 Curfew.

No child 16 years of age or under shall loiter, idle or remain and no parent or guardian shall knowingly permit his child or ward of such age to loiter, idle or remain in or upon any of the streets, alleys or public places in the Town between 11:00 p.m. and 6:00 a.m. unless accompanied by a parent, guardian or some other person of lawful age having legal custody of such child. This section shall not prohibit such child from performing an errand or duty if directed by his parent or guardian or of urgent necessity; for pursuing the duties of his employment in an expeditious and orderly manner; from going to or from places of business or amusement or private homes; or from returning home promptly from authorized school activities.

§ 284-14 Possession of marijuana prohibited. [1]

No person shall possess any material, compound, mixture or preparation which contains 25 grams or less of marijuana or its salts, isomers or salts of isomers, unless the substance was obtained directly from or pursuant to a valid prescription or order of a practitioner within the meaning of § 961.01(19), Wis. Stats., while acting in the course of his professional practice or except as otherwise authorized by Ch. 961, Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 284-15 Nude dancing in licensed establishments prohibited.

[Amended 2-8-2006]
A. 
It is unlawful for any person to perform or engage in, or for any licensee or manager or agent of the licensee to permit any person, employee, entertainer or patron to perform or engage in, any live act, demonstration, dance or exhibition on the premises of a licensed establishment which:
(1) 
Shows his or her genitals, pubic area, vulva, anus, anal clef or cleavage with less than a fully opaque covering; or
(2) 
Shows any portion of the female breast below a point immediately above the top of the areola; or
(3) 
Shows the covered male genitals in a discernibly turgid state.
B. 
Exemptions. The provisions of this section do not apply to the following licensed establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and where the establishment is not distinguished by an emphasis on, or the advertising or promotion of, employees engaging in nude erotic dancing.
C. 
Definitions. For purposes of this section, the following terms shall have the meanings indicated:
LICENSED ESTABLISHMENT
Any establishment licensed by the Town Board of the Town of Lake Tomahawk to sell alcoholic beverages pursuant to Ch. 125, Wis. Stats.
LICENSEE
The holder of a retail "Class A," "Class B," Class "B," Class "A," or "Class C" license granted by the Town Board of the Town of Lake Tomahawk pursuant to Ch. 125, Wis. Stats.
D. 
Penalties. Any person, partnership, or corporation who violates any of the provisions of this section shall be subject to a forfeiture of not less than $50, and not more than $100 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues. In addition, violation of this section constitutes sufficient grounds for suspending, revoking or not renewing an alcohol beverage license under § 125.12, Wis. Stats.

§ 284-16 Violations and penalties.

A. 
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 § 1-4 of this Code.
B. 
In addition to any penalty imposed for violation of § 284-8 of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 284-8 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.