[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.
Streets, sidewalks and public grounds — See Ch.
325.
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
|
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
VALUE OF MERCHANDISE
(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.
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.
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.
[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.
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.