[HISTORY: Adopted by the Board of Supervisors
of Grant County 3-21-1989 (Ch. 22 of the Grant County Ordinances). Amendments noted
where applicable.]
No person in a public or private place shall
engage in violent, abusive, indecent, profane, boisterous, unreasonably
loud, or otherwise disorderly conduct under circumstances in which
the conduct tends to cause or provoke a disturbance.
No person shall do any of the following:
A.
With intent to frighten, intimidate, threaten, abuse
or harass, make a telephone call and threaten to inflict injury or
physical harm to any person or the property of any person.
B.
With intent to frighten, intimidate, threaten, abuse,
harass or offend, telephone another and use any obscene, lewd or profane
language or suggest any lewd and lascivious act.
C.
Make or cause the telephone of another repeatedly
to ring, with intent to harass any person at the called number.
D.
Make repeated telephone calls, whether or not conversation
ensues, with intent solely to harass any person at the called number.
E.
Make a telephone call, whether or not conversation
ensues, without disclosing his or her identity and with intent to
abuse, threaten, or harass any person at the called number.
F.
Knowingly permit any telephone under his or her control
to be used for any purpose prohibited by this section.
[Added 4-16-1996]
A.
Whoever intentionally uses a telephone in Grant County
to call the Grant County Sheriff's Department by dialing 911 when
he or she does not have an emergency which necessitates the dispatch
of emergency services, or when he or she does not have any legitimate
reason for contacting the Grant County Sheriff's Department, is guilty
of using the telephone to interfere with the operation of the Grant
County Sheriff's Department enhanced 911 telephone system. Calling
911 just to see if the 911 phone system works is considered a violation
of this section.
B.
Whoever has a telephone registered in his or her name
in Grant County and allows any individual, knowingly, to use his or
her telephone to make a telephone call to the Grant County Sheriff's
Department by dialing 911 when the caller does not have an emergency
requiring the dispatch of emergency services, or does not have a legitimate
reason to contact the Grant County Sheriff's Department, shall be
guilty of allowing the use of his or her telephone to interfere with
the operation of the Grant County Sheriff's Department enhanced 911
telephone system.[1]
[1]
Editor's Note: Original §§ 22.30,
22.31, 22.32 and 22.33, which immediately followed this subsection
and provided for penalties and enforcement, were deleted 12-18-2012
by Ord. No. 64.
A.
No person shall issue any check or other order for
the payment of not more than $2,500 which, at the time of issuance,
the person intends shall not be paid.
[Amended 12-18-2012 by Ord. No. 64]
B.
Any of the following is prima facie evidence that
the person, at the time of the issuance of the check or other order
for the payment of money, intended it should not be paid:
(1)
Proof that, at the time of issuance, the person did
not have an account with the drawee;
(2)
Proof that, at the time of issuance, the person did
not have sufficient funds or credit with the drawee and that the person
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 that the person 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 any check given for a past consideration, except a payroll check.
D.
In addition to the forfeiture provided for a violation
of this section, a judge may order a violator to pay restitution under
§ 800.093, Wis. Stats.
[Amended 12-18-2012 by Ord. No. 64]
[Added 10-2-2018 by Ord.
No. 22]
A.
Statutory authority. This ordinance is adopted pursuant to § 59.54(24),
Wis. Stats.
B.
Worthless payment charge. Any person, sole proprietorship, partnership,
corporation, joint venture or association who tenders a worthless
check or worthless payment to any Grant County official, employee,
department, office or agency shall be liable to Grant County for payment
of the amount for which the check or payment was tendered and an additional
charge of $20.
C.
Overpayments and underpayments. All of the Grant County departments,
divisions, offices and agencies, etc., may retain overpayments made
to such departments, divisions, etc., when such overpayment does not
exceed $10, unless a written request to said departments, divisions,
etc., for a refund of such overpayment is made within 90 days, and
may waive underpayments of $10 or less.
[Amended 1996]
A.
No person shall:
(1)
Enter any enclosed, cultivated or undeveloped land
of another, other than undeveloped land specified in this section,
without the express or implied consent of the owner or occupant.
(2)
Enter or remain on any land of another after having
been notified by the owner or occupant not to enter or remain on the
premises.
(3)
Enter any land of another that is occupied by a structure
used for agricultural purposes without the express or implied consent
of the owner or occupant.
(4)
Enter or remain on undeveloped land that is an inholding
of another after having been notified by the owner or occupant not
to enter or remain on the land.
(5)
Enter undeveloped private land from an abutting parcel
of land that is owned by the United States, the State of Wisconsin
or a local governmental unit or remain on such land after having been
notified by the owner or occupant not to enter or remain on the land.
B.
DWELLING UNIT
IMPLIED CONSENT
INHOLDING
LOCAL GOVERNMENTAL UNIT
PLACE OF EMPLOYMENT
PRIVATE PROPERTY
UNDEVELOPED LAND
(1)
(2)
(3)
(4)
In this section, the following terms shall have the
meaning indicated:
A structure or that part of a structure which is used or
intended to be used as a home, residence or sleeping place by one
person or by two or more persons maintaining a common household, to
the exclusion of all others.
Conduct or words or both that imply that an owner or occupant
of land has given consent to another person to enter the land.
A parcel a land that is private property and that is surrounded
completely by land owned by the United States, by Wisconsin, or by
a local governmental unit or any combination of the United States,
the State of Wisconsin and a local governmental unit.
A political subdivision of the State of Wisconsin, a special
purpose district in the State of Wisconsin, an instrumentality or
corporation of the political subdivision or special purpose district
or a combination or subunit of any of the foregoing.
Has the meaning given in § 101.01, Wis. Stats.
Real property that is not owned by the United States, the
State of Wisconsin or a local governmental unit.
Land that meets all of the following criteria:
The land is not occupied by a structure or improvement
being used or occupied as a dwelling unit.
The land is not part of a curtilage or is not
lying in the immediate vicinity of a structure or improvement being
used or occupied as a dwelling unit.
The land is not occupied by a public building.
The land is not occupied by a place of employment.
C.
In determining whether a person has implied consent
to enter the land of another, a trier of fact shall consider all of
the circumstances existing at the time the person entered the land,
including all of the following:
(1)
Whether the owner or occupant acquiesced to previous
entries by the person or by other persons under similar circumstances.
(2)
The customary use, if any, of the land by other persons.
(3)
Whether the owner or occupant represented to the public
that the land may be entered for particular purposes.
(4)
The general arrangement or design of any improvements
or structures on the land.
D.
A person has received notice from the owner or occupant within the meaning of Subsection A(2), (4) or (5) of this section if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this section under either of the following procedures:
(1)
If a sign at least 11 inches square is placed in at
least two conspicuous places for every 40 acres to be protected. The
sign must carry an appropriate notice and the name of the person giving
the notice followed by the word "Owner" if the person giving the notice
is the holder of legal title to the land and by the word "Occupant"
if the person giving the notice is not the holder of legal title but
is a lawful occupant of the land. None of the colors used in the sign
may be blaze orange. Proof that appropriate signs as provided in this
subsection were erected or in existence upon the premises to be protected
prior to the event complained of shall be prima facie proof that the
premises to be protected was posted as provided in this subsection.
(2)
If markings in a color other than blaze orange and
at least one foot long, including in a contrasting color other than
blaze orange the phrase "Private Land" and the name of the owner,
are made in at least two conspicuous places for every 40 acres to
be protected.
E.
An owner or occupant may give express consent to enter or remain on the land for a specified purpose or subject to specified conditions, and it is a violation of Subsection A(1) or (3) above for a person who received that consent to enter or remain on the land for another purpose or contrary to the specified conditions.
F.
This section does not apply to any of the following:
(1)
A person entering the land, other than the residence
or other buildings or the curtilage of the residence or other buildings,
of another for the purpose of removing a wild animal as authorized
under § 29.885(2), (3) or (4), Wis. Stats.
(2)
A hunter entering land that is required to be open
for hunting under § 29.885(4m) or 29.889(7m).
G.
Whoever erects on the land of another signs which are the same as or similar to those described in Subsection D above without obtaining the express consent of the lawful occupant of or holder of legal title to such land is in violation of this section.
H.
Nothing in this section shall prohibit a representative
of a labor union from conferring with any employee provided such conference
is conducted in the living quarters of the employee and with the consent
of the employee occupants.
I.
Any authorized occupant of employer-provided housing
shall have the right to decide who may enter, confer and visit with
the occupant in the housing area the occupant occupies.
A.
MERCHANT
THEFT DETECTION DEVICE
THEFT DETECTION DEVICE REMOVER
THEFT DETECTION SHIELDING DEVICE
VALUE OF MERCHANDISE
In this section, the following terms shall have the
meaning indicated:
Includes any merchant as defined in § 402.104(3),
Wis. Stats., or any innkeeper, motel keeper, or hotel keeper.
Any tag or other device that is used to prevent or detect
theft and that is attached to merchandise held for resale by a merchant
or to property of a merchant.[1]
Any tool or device used, designed for use or primarily intended
for use in removing a theft detection device from merchandise held
for resale by a merchant or property of a merchant.[2]
Any laminated or coated bag or device designed to shield
merchandise held for resale by a merchant or property of a merchant
from being detected by an electronic or magnetic theft alarm sensor.[3]
For property of the merchant, the value of the property,
or 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.
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 property of the merchant without his or her consent and with intent
to deprive the merchant permanently of possession or the full purchase
price of the merchandise.
C.
No person, while anywhere in the merchant's store,
shall intentionally remove a theft detection device from the merchandise
held for resale by a merchant or property of a merchant without the
merchant's consent and with the intent to deprive the merchant permanently
of possession or the full purchase price of the merchandise or property.
No person shall use, or possess with intent to use, a theft detection
shielding device to shield merchandise held for resale by a merchant
or property of a merchant from being detected by an electronic or
magnetic theft alarm sensor without the merchant's consent and with
the intent to deprive the merchant permanently of possession or the
full purchase price of the merchandise or property. No person shall
use, or possess with intent to use, a theft detection device remover
to remove a theft detection device from merchandise held for resale
by a merchant or property of a merchant without the merchant's consent
and with the intent to deprive the merchant permanently of possession
or the full purchase price of the merchandise or property.[4]
D.
A merchant or merchant's adult employee or a merchant's
security agent who has probable cause for believing that a person
has violated this section in his or her 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 or her parent or guardian
in the case of a minor. The detained person must be promptly informed
of the purpose for the detention and be permitted to make phone calls,
but he or she shall not be interrogated or searched against his or
her will before the arrival of a peace officer who may conduct a lawful
interrogation of the accused person. Any merchant or merchant's adult
employee or merchant's security agent who acts in good faith in any
act authorized under this section is immune from civil or criminal
liability for those acts. The merchant, the merchant's adult employee
or the merchant's security agent may release the detained person before
the arrival of a peace officer or parent or guardian.[5]
E.
In any action or proceeding for violation of this
section, duly 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.
A merchant or merchant's adult employee is privileged
to defend property as prescribed in § 939.49, Wis. Stats.
A.
No person shall intentionally take and carry away,
use, transfer, conceal, or retain possession of movable property of
another without his consent and with intent to deprive the owner permanently
of possession of such property, where the value of the property is
worth less than $2,500. No person shall do any of the following acts:[1]
(1)
By virtue of his or her office, business or employment,
or as trustee or bailee, having possession or custody of money or
of a negotiable security, instrument, paper or other negotiable writing
of another, intentionally use, transfer, conceal, or retain possession
of such money, security, instrument, paper or writing without the
owner's consent, contrary to his or her authority, and with intent
to convert to his or her own use or to the use of any other person
except the owner. A refusal to deliver any money or a negotiable security,
instrument, paper or other negotiable writing, which is in his or
her possession or custody by virtue of his or her office, business
or employment, or as trustee or bailee, upon demand of the person
entitled to receive it, or as required by law, is prima facie evidence
of an intent to convert to his or her own use within the meaning of
this subsection.
(2)
Having a legal interest in movable property, intentionally
and without consent, take such property out of the possession of a
pledgee or other person having a superior right of possession, with
intent thereby to deprive the pledgee or other person permanently
of the possession of such property.
(3)
Obtain title to property of another person by intentionally
deceiving the person with a false representation which is known to
be false, made with intent to defraud, and which does defraud the
person to whom it is made. "False representation" includes a promise
made with intent not to perform it if it is a part of a false and
fraudulent scheme.
(4)
Intentionally fail to return any personal property
which is in his or her possession or under his or her control by virtue
of a written lease or written rental agreement after the lease or
rental agreement has expired. This subsection does not apply to a
person who returns personal property, except a motor vehicle, which
is in his or her possession or under his or her control by virtue
of a written lease or written rental agreement, within 10 days after
the lease or rental agreement expires.
B.
MOVABLE PROPERTY
PROPERTY
PROPERTY OF ANOTHER
VALUE
Definitions. In this section, the following terms
shall have the meaning indicated:
Property whose physical location can be changed, without
limitation including electricity and gas, documents which represent
or embody intangible rights and things growing on, affixed to, or
found in land.
All forms of tangible property, whether real or personal,
without limitation including electricity, gas and documents which
represent or embody a chose in action or other intangible rights.
Includes property in which the actor is a co-owner and property
of a partnership of which the actor is a member, unless the actor
and the victim are husband and wife.
The market value at the time of the theft or the cost to
the victim of replacing the property within a reasonable time after
the theft, whichever is less, but if the property stolen is a document
evidencing a chose in action or other intangible right, "value" means
either the market value of the chose in action or other right or the
intrinsic value of the document, whichever is greater. If the thief
gave consideration for, or had a legal interest in, the stolen property,
the amount of such consideration or value of such interest shall be
deducted from the total value of the property.
B.
OBSTRUCT
OFFICER
In this section, the following terms shall have the
meaning indicated:
Includes, without limitation, knowingly giving false information
to the officer or knowingly placing physical evidence with intent
to mislead him or her in the performance of his or her duty, including
the service of any summons or civil process.[2]
A peace officer or other public officer or public employee
having the authority by virtue of his or her office or employment
to take another into custody.
No person shall cause bodily harm to another
by an act done with intent to cause bodily harm to that person or
another without the consent of the person so harmed.
No person shall intentionally cause damage to
any physical property of another without the person's consent, where
the property is reduced in value by less than $2,500.
Except as provided in § 347.38(1),
Wis. Stats., no person may operate or park, stop or leave standing
a motor vehicle while using a radio or other electric sound amplification
device emitting sound from the vehicle that is clearly audible under
normal conditions from a distance of 50 or more feet, unless the electric
sound amplification device is being used to request assistance or
warn against an unsafe condition. This section does not apply to the
operator of an authorized emergency vehicle when responding to an
emergency call or when in the pursuit of an actual or suspected violator
of the law or when responding to but not upon returning from a fire
alarm; the operator of a vehicle of a public utility as defined in
§ 11.40, Wis. Stats.; the operator of a vehicle that is
being used for advertising purposes; the activation of a theft alarm
signal device; the operator of a motorcycle being operated outside
of a business or residence district; and the operator of a vehicle
being used in a community event or celebration, procession or assemblage.
A.
No person shall do any of the following:
(1)
Deposit or discharge any solid waste on or along any
highway, in any waters of the state, on the ice of any waters of the
state or on any other public or private property.
(2)
Permit any solid waste to be thrown from a vehicle
operated by the person.
(3)
Fail to remove within 30 days or otherwise abandon
any automobile, boat or other vehicle in the waters of the state.
(4)
Own an aircraft that has crashed in the waters of
the state and fail to remove the aircraft from those waters within
30 days after the crash, within 30 days after June 15, 1991, or within
30 days after the National Transportation Safety Board pursuant to
an investigation under 49 CFR Part 831 authorizes its removal, whichever
is latest.
B.
AIRCRAFT
HIGHWAY
VEHICLE
WATERS OF THE STATE
As used in this section, the following terms shall
have the meaning indicated:
Any structure invented, used or designed for navigation or
flight in the air.
Has the meaning given in § 340.01(22), Wis. Stats.
Has the meaning given in § 340.01(74), Wis. Stats.,
and includes an electric personal assistive mobility device, as defined
in § 340.01(15pm), Wis. Stats.
Has the meaning given in § 281.01(18), Wis. Stats.
No person shall consume alcoholic beverages
or possess any open containers containing alcoholic beverages while
present on the Grant County Courthouse grounds, Social Services' grounds,
Orchard Manor grounds, Sheriff's Department grounds, United Community
Services' grounds, Land Conservation grounds, Highway Department grounds,
or the Grant County Administrative Building grounds.
[Amended 10-1-1991]
A.
Sale of alcoholic beverages to underage persons.
(1)
No person shall procure for, sell, dispense or give
away any alcohol beverages to any underage person not accompanied
by his or her parent, guardian, or spouse who has attained the legal
drinking age.
(2)
No licensee or permittee may sell, vend, deal, or
traffic in alcohol beverages to or with any underage person not accompanied
by his or her parent, guardian, or spouse who has attained the legal
drinking age.
(3)
No adult may knowingly permit or fail to take action
to prevent the illegal consumption of alcoholic beverages by an underage
person on premises owned by the adult or under the adult's control.
This subsection does not apply to alcoholic beverages used exclusively
as part of a religious service.[1]
(5)
LEGAL DRINKING AGE
UNDERAGE PERSON
Definitions. In this section, the following terms
shall have the meaning indicated:
Twenty-one years of age.
A person who has not attained the legal drinking age.
(6)
Any license suspension for sale to an underage person
will be in accordance with § 125.07(1)(b)3, Wis. Stats.
B.
Purchase of alcoholic beverages.
(1)
C.
Presence in places of sale. An underage person not
accompanied by his or her parent, guardian or spouse who has attained
the legal drinking age may not enter, knowingly attempt to enter or
be on any premises for which a license or permit for the retail sale
of alcohol beverages has been issued for any purpose except the transaction
of business pertaining to the licensed premises with or for the licensee
or his or her employees. The business may not be amusement or the
purchase, receiving or consumption of edibles or beverages or similar
activities which normally constitute activities of a customer of the
premises. This subsection incorporates the exceptions provided in
§ 125.07(3), Wis. Stats. [7]
[Added 3-20-2007 by Ord. No. 50]
A.
Sales.
(1)
No premises for which a Class B license or permit for the sale of alcoholic beverages is issued may remain open in Grant County between the hours of 2:00 a.m. and 6:00 a.m. on a Monday, Tuesday, Wednesday, Thursday and/or Friday and between 2:30 a.m. and 6:00 a.m. on a Saturday and/or Sunday. The prohibitions contained in Subsection A(1) of this section shall not apply on New Year's Day, being January 1 of each year. In this section, the term "alcoholic beverages" means fermented malt beverages and intoxicating liquor as defined in Wisconsin Statutes § 125.02.
(2)
Between 12:00 midnight and 6:00 a.m., no person may sell fermented
malt beverages on Class B licensed premises in Grant County in an
original unopened package, container or bottle or for consumption
away from the premises. In this section, the term "fermented malt
beverages" is as defined in Wisconsin Statutes § 125.02.
(3)
Class A premises may remain open for the conduct of their regular
business but may not sell fermented malt beverages between 12:00 midnight
and 8:00 a.m. in Grant County.
(4)
Hotels and restaurants, the principal business of which is the
furnishing of food and lodging to patrons, bowling centers, indoor
horseshoe pitching facilities, curling clubs, golf courses and golf
clubhouses in Grant County may remain open for the conduct of their
regular business but may not sell fermented malt beverages during
the hours of 2:00 a.m. and 6:00 a.m. on a Monday, Tuesday, Wednesday,
Thursday and/or Friday and between 2:30 a.m. and 6:00 am. on a Saturday
and/or Sunday.
B.
Identification cards.
(1)
No person under the age of 21 years shall commit any of the
following acts in Grant County:
(a)
Intentionally carry an official identification card not legally
issued to him or her, an official identification card obtained under
false pretenses or an official identification card, which has been
altered or duplicated to convey false information. The term "official
identification card" as used in this section means a valid operator's
license issued under Chapter 343 of the Wisconsin Statutes that contains
the photograph of the holder, an identification card issued under
§ 343.50 of the Wisconsin Statutes, or an identification
card issued under § 125.08 of the Wisconsin Statutes[1];
[1]
Editor's Note: Section 125.08 was repealed by 1989 Act 31,
§ 2355.
(b)
Make, alter, or duplicate an official identification card purporting
to show that he or she has attained the legal drinking age of 21 years;
(c)
Present false information to an issuing officer in applying
for an official identification card; or
(d)
Intentionally carry an official identification card or other
documentation showing that the person has attained the legal drinking
age, with knowledge that the official identification card or documentation
is false.
(2)
Any person who violates any of the provisions contained in Subsection B of this section is subject to a forfeiture of not less than $300 nor more than $1,250, suspension of the person's operating privileges under Wisconsin Statutes § 343.30(6)(bm), participation in a supervised work program or other community service work or any combination of these penalties.
(3)
If the violator is under 17 years of age on the date of disposition,
then the forfeiture for a first violation shall be not less than $100
nor more than $500, suspension of the violator's operating privileges
under § 343.30 or participation in a supervised work program
or other community service work. For a violation committed within
12 months of a previous violation where the violator is under 17 years
of age on the date of disposition, then the forfeiture shall be not
less than $300 nor more than $500, suspension of the violator's operating
privileges under § 343.30 or participation in a supervised
work program or other community service work. For a violation committed
within 12 months of two or more previous violations where the violator
is under 17 years of age on the date of disposition, then the forfeiture
shall be $500, suspension of the violator's operating privileges under
§ 343.30 or participation in a supervised work program or
other community service work.
C.
School premises.
(1)
MOTOR VEHICLE
SCHOOL
SCHOOL ADMINISTRATOR
SCHOOL PREMISES
As used in this Subsection C, the following terms shall have the meanings indicated:
A motor vehicle owned, rented, or consigned to a school.
A public, parochial or private school which provides an educational
program for one or more grades between Grades 1 and 12 and which is
commonly known as an elementary school, middle school, junior high
school, senior high school or high school.
The person designated by the governing body of a school as
ultimately responsible for the ordinary operations of a school.
Premises owned, rented or under the control of a school.
(2)
Except as provided by Subsection C(3) below, no person may possess or consume alcoholic beverages on school premises; in a motor vehicle, if a pupil attending the school is in the motor vehicle; or while participating in a school-sponsored activity in Grant County.
(3)
Alcoholic beverages may be possessed or consumed on school premises,
in motor vehicles or by participants in school-sponsored activities
if specifically permitted in writing by the school administrator consistent
with applicable laws and School Board policies.
(4)
Any person who violates Subsection C of this section is subject to a forfeiture of not more than $200.
(a)
If the violator is under the age of 21 years but over 17 years
of age, for a first violation, he or she shall be subject to a forfeiture
of not less than $100 nor more than $200, suspension of the person's
operating privilege as provided in Wisconsin Statutes § 343.30(6)(b),
participation in a supervised work program or other community service
work or any combination of penalties.
(b)
For a violation committed within 12 months of one previous violation
for a violator who is under the age of 21 years but over 17 years
of age, the violator shall be subject to either a forfeiture of not
less than $200 nor more than $300, participation in a supervised work
program or other community service work or any combination of these
penalties. In addition, the person's operating privilege may be suspended
as provided under Wisconsin Statutes § 343.30(6)(b) except
that if the violation involved a motor vehicle, the person's operating
privilege shall be suspended as provided under Wisconsin Statutes
§ 343.30.
(c)
For a violation committed within 12 months of two previous violations
for a violator who is under the age of 21 years but over 17 years
of age, the violator shall be subject to either a forfeiture of not
less than $300 nor more than $500, participation in a supervised work
program or other community service work or any combination of these
penalties. In addition, the person's operating privilege may be suspended
as provided under Wisconsin Statutes § 343.30(6)(b) except
that if the violation involved a motor vehicle, the person's operating
privilege shall be suspended as provided under Wisconsin Statutes
§ 343.30.
(d)
For a violation committed within 12 months of three or more
previous violations for a violator who is under the age of 21 years
but over 17 years of age, the violator shall be subject to either
a forfeiture of not less than $500 nor more than $1,000, participation
in a supervised work program or other community service work or any
combination of these penalties. In addition, the person's operating
privilege may be suspended as provided under Wisconsin Statutes § 343.30(6)(b)
except that if the violation involved a motor vehicle, the person's
operating privilege shall be suspended as provided under Wisconsin
Statutes § 343.30.
(e)
For a first violation by a person who is under 17 years of age
on the date of disposition, the violator shall be subject to a forfeiture
of not more than $50, suspension of the violator's operating privilege
under Wisconsin Statutes § 343.30 or participation in a
supervised work program or other community service work.
(f)
For a violation committed within 12 months of one previous violation
by a person who is under 17 years of age on the date of disposition,
the violator shall be subject to a forfeiture of not more than $100
or participation in a supervised work program or other community service
work. In addition, the violator's operating privilege may be suspended
under Wisconsin Statutes § 343.30. If the violation involved
a motor vehicle, the violator's operating privilege shall be suspended
under § 343.30 of the Wisconsin Statutes.
(g)
For a violation committed within 12 months of two or more previous
violations by a person who is under 17 years of age on the date of
disposition, the violator shall be subject to a forfeiture of not
more than $500 or participation in a supervised work program or other
community service work. In addition, the violator's operating privilege
may be suspended under Wisconsin Statutes § 343.30. If the
violation involved a motor vehicle, the violator's operating privilege
shall be suspended under § 343.30 of the Wisconsin Statutes.
D.
If a person violates any provision contained in this section, any
law enforcement officer in Grant County can issue a citation to the
violator. The citation shall contain the name and address of the violator,
the factual allegations describing the alleged violation, the time
and place of the offense, the subsection of the section violated,
a designation of the offense in a manner that can be readily understood
by a person making a reasonable effort to do so, and the time at which
the alleged violator may appear in Court. The citation shall also
contain a statement of informing the violator that the violator may
make a cash deposit of a specified amount to be mailed to the Grant
County Clerk of Circuit Court within a specified time; that if the
violator makes such a deposit, he or she need not appear in Court
unless subsequently summoned; that if the violator makes a cash deposit
and does not appear in Court, he or she will either be deemed to have
tendered a plea of no contest and submitted to a forfeiture plus costs,
fees, and surcharges imposed under Chapter 814 Wisconsin Statutes,
not to exceed the amount of the deposit or will be summoned into Court
to answer the complaint if the Court does not accept the plea of no
contest; that if the alleged violator does not make a cash deposit
and does not appear in Court at the time specified, the Court may
issue a summons or warrant for the defendant's arrest or consider
the nonappearance to be a plea of no contest and enter judgment or
the county may commence an action against the violator to collect
the forfeiture, costs, fees, and surcharges, and that if the Court
finds that the violation involves an ordinance that prohibits conduct
that is the same or similar to conduct prohibited by state statute
punishable by fine or imprisonment or both and that the violation
resulted in damage to the property of or physical injury to a person
other than the alleged violator, the Court may summon the alleged
violator into Court to determine if restitution should be ordered.
The citation shall also contain a direction that if the violator elects
to make a cash deposit, the violator shall sign an appropriate statement
which accompanies the citation to indicate that he or she read the
statements on the citation and shall send the signed statement with
the cash deposit. The term "person" as used in this section includes
but is not limited to an individual, individuals, a partnership, a
corporation or any other business.
E.
The following schedule of cash deposits is established for use with
citations Issued under this section:
(2)
(3)
Violation of Subsection C of this section:
(a)
By adult over 21 years of age: The cash deposit is $200 plus
statutory fees and costs.
(b)
By person under 21 years of age but over 17 years of age:
[1]
First offense: The cash deposit is $100 plus statutory
fees and costs.
[2]
Second offense: The cash deposit is $200 plus statutory
fees and costs.
[3]
Third offense: The cash deposit is $300 plus statutory
fees and costs.
[4]
Fourth offense or more: The cash deposit is $500
plus statutory fees and costs.
F.
Cash deposits, costs, and assessments shall be paid to the Grant
County Clerk of Circuit Court in Lancaster, Wisconsin. The Clerk of
Circuit Court shall issue receipts for cash deposits, costs, and assessments
paid under this section. Statutory fees and costs shall not be assessed
against a juvenile violator under the age of 14 years.
G.
The District Attorney's Office is authorized to handle the prosecution
of any citation action filed for violation of this section.
H.
This section does not apply in townships, villages, and cities in
Grant County which have enacted their own ordinance regulating the
sale of alcohol at licensed premises, regulating the possession of
alcohol on school premises or regulating the possession of a false
identification card.
[Amended 10-1-1991]
A.
No owner of a dog may negligently or otherwise permit
the dog to run at large or be untagged. Such a dog is subject to impoundment
and its owner subject to penalties.
B.
A dog is considered to be running at large if it is
off the premises of its owner and not under the control of the owner
or some other person.
C.
A dog is considered to be untagged if a valid license
tag is not attached to a collar which is kept on the dog whenever
the dog is outdoors unless the dog is securely confined in a fenced
area.
D.
An officer shall attempt to capture and restrain any
dog running at large and any untagged dog. "Officer" means a peace
officer, full-time health officer, humane officer, warden, or an employee
designated by the governing body of the County, city, village or town.
E.
The owner of a dog captured and restrained under this
section must pay, in addition to all penalties assessed, all veterinarian
fees, including but not limited to fees for shots, licensing and room
and board.
F.
This section does not apply in any town having its
own dog ordinance.
[Added 12-18-2012 by Ord. No. 64]
[Added 8-19-2014]
A.
Intent. The Board of Supervisors, Grant County, adopts the following with the intent to prohibit livestock from running at large and posing a threat to the safety of people as listed in Subsection C.
B.
Statutory
authority. This is created as authorized by § 59.54(22),
Wis. Stats.
C.
Livestock
at large.
(1)
No owner of livestock may negligently, or otherwise, permit the livestock
to run at large.
(2)
Livestock shall be defined as cattle, bison, horses, swine, sheep,
goats, farm-raised deer, poultry, llamas or alpaca.
(3)
Livestock is considered to be running at large if it is off the premises
of its owner and not under the control of the owner or some other
person. Livestock is considered to be running at large if it is not
properly detained in a fence or some structure.
(4)
An officer may attempt to capture and restrain any livestock running
at large. “Officer” means a peace officer, full-time health
officer, humane officer, warden, or an employee designated by the
governing body of the County, city, village or town.
(5)
The owner of livestock that is at large and/or captured under this section must pay, in addition to all penalties assessed under § 206-17, all veterinarian fees, including, but not limited to, fees for shots, licensing and room and board.
(6)
This section does not apply in any town having its own livestock-at-large
ordinance.
No person shall treat any animal, whether belonging
to him or another, in a cruel manner. This section does not prohibit
bona fide experiments carried on for scientific research or normal
accepted veterinary practices.
[Added 10-4-2011 by Ord. No. 62]
A.
Pursuant to § 943.13(1m)(c)4, Wis. Stats., no person shall
enter or remain in any part of a building owned, occupied or controlled
by Grant County if Grant County has notified the person not to enter
or remain in the building while carrying a firearm or a specific type
of firearm.
B.
The County Chairperson shall cause signs to be created at all entrances
to all buildings owned, occupied or under the control of Grant County
providing notice that no person is to enter or remain in any such
building while carrying a firearm. Such signs shall be five inches
by seven inches or larger.
C.
Nothing in this section shall be construed to apply to prohibit a
peace officer or armed forces or military personnel armed in the line
of duty or any person duly authorized by the Grant County Sheriff
to possess a firearm in any public building. Notwithstanding § 939.22(22),
Wis. Stats., for purposes of this subsection, peace officer does not
include a commission warden who is not a state-certified commission
warden.
D.
Nothing in this section shall be construed to authorize the carrying
of any firearm or dangerous weapon contrary to § 941.23
or 941.235, Wis. Stats.
[Added 4-16-2013]
No person shall reside at, maintain, lease, own, rent or otherwise
occupy any residence, business, dwelling or other building where any
of the following nuisances are allowed to occur:
A.
Such property has generated three or more calls for law enforcement
service for nuisance activities on separate days in one month, or
six or more calls in a twelve-month period. Nuisance activities are
defined as any of the following activities, behaviors or conduct whenever
engaged in by property owners, operators, tenants, occupants or persons
associated with a property, whether or not a citation or arrest was
made for the violation:
(1)
An act of harassment, as defined in § 947.013, Wis.
Stats.
(2)
Disorderly conduct, as defined in § 947.01, Wis. Stats.
(3)
Battery, substantial battery or aggravated battery, as defined
in § 940.19, Wis. Stats.
(4)
Indecent conduct, as defined in § 944.20(1), Wis.
Stats.
(5)
Prostitution or keeping a place of prostitution, as defined
in § 944.30 and § 944.34, Wis. Stats.
(6)
Possession, manufacture or delivery of a controlled substance
or related offenses, as defined in Ch. 961, Wis. Stats.
(7)
Gambling or other offenses, as defined in § 945.02,
Wis. Stats.
(8)
Illegal discharge of a firearm, as defined in § 941.20,
Wis. Stats.
(9)
Any other offense against public peace and order as defined
in this Code of Ordinances.
B.
Notwithstanding Chapter 125 of the Wisconsin Statutes, allowing a
property or place to be used for the purpose of facilitating the consumption
of alcohol beverages by underage persons.
[Amended 10-1-1991; 10-4-2011 by Ord. No. 62; 12-18-2012 by Ord. No.
64]
A.
The District Attorney's office shall be authorized
to prosecute any violations of this chapter.
B.
Any law enforcement officer of Grant County can issue
a citation to any person or persons who violate the provisions of
this chapter. Any citation issued shall contain the information in
§ 66.0113, Wis. Stats., except that citations for underage
drinking shall contain the information required by § 778.25,
Wis. Stats., citations for trespass violations shall contain the information
required by § 778.26, Wis. Stats., and citations for littering
shall contain the information required by § 345.11, Wis.
Stats.
C.
Each violation of a provision of this chapter shall
be subject to a forfeiture not to exceed $500 plus statutory costs.
[Amended 4-16-2013; 12-17-2013 by Ord.
No. 66]
D.
Cash deposits, costs, and assessments shall be paid
to the Grant County Clerk of Circuit Court. The Clerk shall issue
receipts for said payments.
E.
The term "statutory costs" in this chapter includes
but is not limited to the penalty assessment, jail assessment, and
the crime laboratories and drug enforcement assessment.
F.
If the violator is under 14 years of age, the cash
deposit to be paid by the child shall not include the penalty assessment,
jail assessment or crime laboratories and drug enforcement assessments.
G.
For violations of § 206-14B(2), if the violator is under 17 years of age on the date of disposition, the violator shall pay a forfeiture of $50 plus statutory costs for a first violation; a forfeiture of not more than $100 for a violation committed within 12 months of one previous violation plus statutory costs; and a forfeiture of not more than $500 plus statutory costs for a violation committed within 12 months of two or more previous violations. The violator can post a cash deposit of $50 plus statutory costs for a first violation; a cash deposit of $100 plus statutory costs for a second violation; and a cash deposit of $500 plus statutory costs for a third or more violation within 12 months.
H.
For violations of § 206-14B(1), if the violator is under 17 years of age on the date of disposition, the violator shall pay a forfeiture of not less than $250 nor more than $500 for a first violation plus statutory costs; a forfeiture of not less than $300 nor more than $500 for a violation committed within 12 months of one previous violation plus statutory costs; and a forfeiture of $500 for a violation committed within 12 months of two or more previous violations plus statutory costs. The violator can post a cash deposit of $250 for a first violation plus statutory costs; a cash deposit of $300 plus statutory costs for a second violation; and a cash deposit of $500 plus statutory costs for a third or more violations.[1]
[1]
Editor's Note: Original § 22.26(3),
Uniform county citation, which immediately followed this section,
as amended 10-1-1991, was deleted 12-18-2012 by Ord. No. 64.
[Added 4-7-2020]
A.
The appropriate
County officials, as defined in Wis. Stats. §252.01, are hereby
authorized and directed to take such action as is necessary to effectuate
the terms of this section.
B.
All other
ordinances and resolutions inconsistent with the provisions of this
section are hereby repealed.
C.
Whenever
a violation of this section is found, the Sheriff, Sheriff's Deputy,
or the Public Health Officer or designee may issue a forfeiture citation.
The Sheriff or Sheriff's Deputy may investigate criminal violations
pursuant to Wisconsin Statutes Chapter 252 for a criminal violation.
Citations issued shall conform to Wis. Stats. §66.0113(1)(b)
and as amended from time to time.
D.
Any person
who violates this section is subject to a minimum forfeiture of $250,
but the forfeiture shall not exceed $500.
