[Amended 10-17-2011 by Ord. No. 2011-9]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
FIREARM
A weapon that acts by force of gunpowder.
PUBLIC SAFETY
Any person employed by the State of Wisconsin or any political
subdivision of this state, as a sworn law enforcement officer, a Firefighter
or EMS personnel.
[Amended 12-19-2011 by Ord. No. 2011-10]
WEAPON
A handgun, an electronic weapon as defined at § 941.295
Wis. Stats., or a billy club.
B. In addition to the provisions of § 175.60, Wis. Stats.,
enumerating places where the carrying of a weapon or a firearm is
prohibited, including exceptions thereto, it shall be unlawful for
any person other than a law enforcement officer to enter the following
city buildings while carrying a weapon or a firearm:
(5) Sewage Treatment Building.
(6) All City well/pump stations.
(7) Street Department garage.
(9) Weyauwega Community Park.
(11)
Weyauwega-Fremont School District properties.
(12)
All other buildings and land owned, leased or occupied and posted
by the City of Weyauwega.
C. Signs meeting the requirements of § 943.13 (2)(am), Subsection
1, Wis. Stats. shall be posted in prominent places near all entrances
of such buildings regarding such restrictions.
D. Any person who enters or remains in any aforementioned City building contrary to such signage shall be considered a trespasser subject to penalty as proscribed under §
1-3 of this Code.
E. Possession, sale, and manufacture of certain weapons prohibited.
(1) No person shall sell, manufacture, purchase, possess or carry metallic
knuckles or knuckles of any substance which could be put to the same
use with the same or similar effect as metallic knuckles, a numchuk
(also called a "nunchaku") or any similar weapon, a cestus or similar
material weighted with metal or other substance and worn on the hand,
a churkin (also called a "suriken") or any similar object intended
to injure a person when thrown, a sucbai or similar weapon, a manrikigusari
or similar length of chain having weighted ends, or any other martial
arts device or instrumentality which, in the manner it is used or
intended to be used, is calculated or likely to produce injury or
death to another person within the City of Weyauwega.
(2) For the purpose of this section, the following definitions shall
apply:
CHURKIN
A round throwing knife, consisting of several sharp points
protruding from a rounded disc.
NUMCHUK OR NUNCHAKU
An instrument consisting of two or more sticks, clubs, or
rods connected by a rope, cord, wire, or chain.
SUCBAI
A short length of wood, or metal or similar material which,
when gripped in the hand, protrudes on either side of the fist. Such
prohibited instrument may or may not have spikes or short, ponted
protrusions from either end.
(3) Any such device shall be seized by a law enforcement officer and
destroyed or turned over to the State of Wisconsin Crime Laboratory
for destruction.
F. Reckless use of weapons.
(1) Acts prohibited.
(a)
No person shall endanger another's safety by reckless conduct
in the operation or handling of a firearm, air gun, knife or bow and
arrow.
(b)
No person shall operate or go armed with a firearm, air gun,
knife or bow and arrow while he/she is under the influence of an intoxicant.
(c)
No person shall intentionally point a firearm, air gun, knife
or bow and arrow at or toward another person.
(2) Reckless conduct defined. "Reckless conduct" consists of an act which
creates a situation of unreasonable rick and high probability of death
or great bodily harm to another and which demonstrates a conscious
disregard for the safety of another and a willingness to take chances
of perpetrating an injury.
No person shall sell, expose or offer for sale, use, keep, possess, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the City unless he/she shall be authorized by a fireworks permit as provided in Chapter
266, Fireworks, of this Code. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all fireworks, rockets or similar missiles containing explosive fuel.
[Added 8-21-2017 by Ord.
No. 2017-4]
No person shall jump or dive from any public structure for any
reason whatsoever, except by permit issued by the City Council. "Public
structure," as used in this section, includes all public buildings
and any bridge, bridge abutment, roadway, tower, or other structure
constructed and operated for public utility or transportation services,
whether publicly or privately owned.
No individual shall cross a police or fire line
that has been so designated by banner, signs or other similar identification.
[Added 1-18-2021 by Ord.
No. 2020-4]
A. Purpose. The Council finds that bullying and harassment disrupt a
safe environment in the City, interfere with one's ability to
succeed or excel in a safe environment in the City and interfere with
one's ability to participate in or benefit from programs, activities,
worksites and opportunities offered to the community. The Council
further finds that it is in the public interest to make sure every
person is valued and respected regardless of perceived differences
and may live free from bullying, harassment and intimidation.
B. Definitions. As used in this section, the following terms shall have
the following meanings, unless the context clearly indicates that
a different meaning is intended.
BULLYING
A form of harassment and is defined as an intentional course
of conduct which is reasonably likely to intimidate, emotionally abuse,
slander, threaten or intimidate another person and which serves no
legitimate purpose.
COURSE OF CONDUCT
Any conduct, whether verbal, physical or by any mode of communication,
which:
(1)
Is prohibited by § 947.01, 947.0125, or 947.013, Wis.
Stats.; or
(2)
Is any intentional course of conduct which is likely to create
an intimidating, hostile, or offensive environment and which serves
no legitimate purpose.
C. Prohibition. It shall be unlawful for every person to engage in any
bullying or harassment of a person or induce another person to engage
in such bullying or harassment.
D. Retaliation prohibited. No person shall retaliate against any person
who reports any conduct which is prohibited by this section.
E. Constitutionally protected activity. This section shall not be construed
to apply to any constitutionally protected activity or speech.
F. Parental responsibility. It shall be unlawful for any custodial parent or guardian of any unemancipated person under 18 years of age to allow or permit such person to violate the provisions of Subsection
C above. The fact that, prior to the present offense, a parent, guardian or custodian was informed by a law enforcement officer of a separate violation of Subsection
C by the same minor occurring within 90 days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
G. Penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided in §
1-3 of the Code of Ordinances.
No person shall have or permit on any premises
owned or occupied by him/her 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.
All forms of gambling, lotteries and fraudulent
devices and practices are prohibited within the City, except as provided
by state law. Any law enforcement officer of the City may seize anything
devised solely for unlawful gambling or found in actual use for gambling
within the City and dispose thereof after a judicial determination
that such device was used solely for gambling or found in actual use
for gambling.
[Added 11-15-2010 by Ord. No. 2010-07]
A. Possession, use, and sale are illegal. It shall be illegal for any
person to use, possess, purchase, attempt to purchase, sell, publicly
display for sale or attempt to sell, give, or barter any one or more
of the following chemicals whether under the common street or trade
names of "Spice," "K2," "Genie," "Yucatan Fire," "fake" or "new" marijuana,
or by any other name, label, or description:
(1)
Salvia divinorum or salvinorum A; all parts of the plant presently
classified botanically as salvia divinorum, whether growing or not,
the seeds thereof; any extract from any part of such plant, and every
compound, manufacture, salts derivative, mixture or preparation of
such plant, its seeds or extracts;
(2)
(6aR, 1OaR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo[c]chromen-l-ol; some trade or other names:
HU-210;
(3)
I-Pentyl-3-(1-naphthoyl) indole; some trade or other names:
JWH-018\spice;
(4)
1-Butyl-3-(1naphthoyl) indole; some trade or other names: JWH-073;
(5)
1-(3 {trifluoromethylphenyl}) piperazine; some trade or other
names: TFMPP;
(6)
Or any similar structural analogs.
B. Medical or dental use allowed. Acts otherwise prohibited under §
370-19.1 shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided that such use is permitted under state and federal laws.
C. Penalties. Any adult person violating this section shall be subject
to a forfeiture of not less than $100 nor more than $500, exclusive
of costs, and upon failure to pay the same shall be confined in the
county jail for not more than 30 days.
[Added 11-15-2010 by Ord No. 2010-08]
A. Purpose and intent. It is the purpose of this section to discourage
children of compulsory school age from unauthorized absences and to
impose penalties upon those students and also upon their parents or
legal guardians. It is the intent of this section to promote the development
and welfare of these children by discouraging unauthorized absenteeism
and encouraging school attendance. The Weyauwega City Council hereby
finds that daytime absence constitutes an increased risk to the public
safety, health, and welfare of the citizens of the City of Weyauwega.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
RESPONSIBLE ADULT
A person 18 years of age or older who has the mental competency
to fulfill the duty of protecting and caring for the general welfare
of a child and who has a written authorization from that child's parent
or legal guardian designating the person as a responsible adult, naming
the child involved and designating the time period during which the
responsible adult shall have control of the child.
SUBJECT TO COMPULSORY SCHOOL ATTENDANCE
Includes any child subject to mandatory school attendance
under Wisconsin law in the school district of his residence, or any
child found in the City of Weyauwega who would be subject to mandatory
attendance if the child were a resident of the City of Weyauwega.
C. Offenses.
(1)
No child subject to compulsory school attendance shall be at
any place within the City of Weyauwega, except in attendance at school
or at the student's place of residence, during the hours when that
student is required to be in attendance at either a public or private
school as required by law, unless that child has written proof from
school authorities excusing him/her from attending school at that
particular time, or unless the student is accompanied by a parent,
legal guardian or responsible adult selected by the parent or legal
guardian who supervises the student.
(2)
Parental violation. Each parent or legal guardian of a student
subject to the provisions of this section shall have the duty to prevent
that student from violating the provisions of this section and each
failure by that parent or guardian to do so is a separate offense.
D. Affirmative defenses.
(1)
It shall be an affirmative defense to Subsection
C(1) and
(2) that the student, at the time of the alleged violation, was not required by law to be in attendance at the school attended by the student.
(2)
It shall be an affirmative defense to Subsection
C(2) that the parent or legal guardian is a petitioner in a currently pending juvenile court proceeding involving the student or such a proceeding in which the judge has retained ongoing supervision or jurisdiction.
(3)
It shall be an affirmative defense to Subsection
C(1) and
(2) that if at the time of the alleged violation the student was employed pursuant to a school-sponsored program or was the recipient of a work permit issued by school authorities and the student was actually on the job or traveling to or from the job site or program location.
(4)
Any party claiming an affirmative defense hereunder shall have
the duty to prove the same to the same standard of proof required
of the plaintiff in prosecuting the action.
E. Penalties. A person who violates a provision of this section is guilty
of a separate offense for each day or part of a day during which the
violation is committed, continued, or permitted. Each offense, upon
conviction, is punishable by a fine not to exceed $500.
F. Warning. The first time a child is detained by law enforcement officers for violation of this section, the parent, guardian, or person having legal custody may be advised as to the provisions of this section, and any violation of this section occurring thereafter by said child and parent, guardian, or person having legal custody shall result in a penalty being imposed in Subsection
E above.
G. Suggested warning format.
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The above-named juvenile was found in violation of the City
of Weyauwega Daytime Curfew Ordinance. As parents or guardians responsible
for such conduct and the welfare of this juvenile, you are hereby
served this curfew violation notice setting forth the manner in which
the law has been violated. The City of Weyauwega Daytime Ordinance
States:
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No child subject to compulsory school attendance shall be at
any place within the City of Weyauwega, except in attendance at school
or at the student's place of residence, during the hours when that
student is required to be in attendance at either a public or private
school as required by law, unless that child has written proof from
school authorities excusing him/her from attending school at that
particular time, or unless the student is accompanied by a parent,
legal guardian or responsible adult selected by the parent or legal
guardian who supervises the student.
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Parental violation. Each parent or legal guardian of a student
subject to the provisions of this ordinance shall have the duty to
prevent that student from violating the provisions of this ordinance
and each failure by that parent or guardian to do so is a separate
offense. To knowingly permit such child to again violate the provisions
of this ordinance, they shall be fined no more than $500 for each
offense. If a child knowingly violates the provisions of this ordinance,
the child shall be fined no more than $500 for each violation.
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[Added 1-18-2021 by Ord.
No. 2020-5]
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 prurient, 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.
NUDITY
The 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; or the depiction of covered
male genitals in a discernibly turgid state. A mother's breastfeeding
of her baby does not under any circumstance constitute nudity, irrespective
of whether or not the nipple is covered during or incidental to feeding.
B. A minor commits the offense of sexting if he or she knowingly:
(1)
Uses a computer, or any other device capable of electronic data
transmission or distribution, to transmit or distribute to another
minor any photograph or video of any person which depicts nudity,
as defined above, and is harmful to minors, as defined above.
(2)
Possesses a photograph or video of any person that was transmitted
or distributed by another minor which depicts nudity, as defined above,
and is harmful to minors, as defined above. A minor does not violate
this subsection if all of the following apply:
(a)
The minor did not solicit the photograph or video.
(b)
The minor took reasonable steps to report the photograph or
video to a school or law enforcement official.
(c)
The minor did not transmit or distribute the photograph or a
video to a third party other than a law enforcement official.
(3)
Uses a computer, or any other device capable of electronic data
transmission or distribution, to transmit or distribute to another
minor any text, correspondence, or message of a sexual nature when
it:
(a)
Predominately appeals to a prurient, shameful, or morbid interest;
(b)
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
(c)
Taken as a whole, is without serious literary, artistic, political,
or scientific value for minors.
(4)
Solicits the transmission or distribution of any text, correspondence, message, photograph or video from another minor that would itself be prohibited under this §
370-19.3 of the Municipal Code.
C. Any person who shall violate this section prohibiting sexting shall pay a forfeiture plus costs established in §
1-3 of the Weyauwega Municipal Code.