[HISTORY: Adopted by the Common Council of
the City of St. Francis as §§ 9.01, 9.02, 9.03, 9.05
to 9.07, 9.10, 9.11, 9.17, 9.18, 9.21, 9.25 to 9.27, 9.29 to 9.31,
9.40 and 9.50 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 115.
Alarm systems — See Ch. 170.
Amusements and amusement devices — See Ch. 175.
Animals — See Ch. 180.
Fireworks — See Ch. 249.
Intoxicating liquor and fermented malt beverages — See Ch. 273.
Curfew — See Ch. 303.
Nuisances — See Ch. 320.
Property maintenance — See Ch. 351.
Sales and vending — See Ch. 367.
A.
The following statutes defining offenses against the peace and good order of the state are adopted by reference as they may be amended from time to time to define offenses against the peace and good order of the City, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under § 1-4 of this Code:
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110.075(7)
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Producing/using inspection sticker fraudulently
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134.06
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Motor vehicles sales/bonus to chauffeur prohibited
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175.25
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Illegal storage of junked vehicles
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218.0146
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Used cars/prohibited acts
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218.0147
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Motor vehicles/sale to minor
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254.76
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Careless smoking
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254.92
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Tobacco products to minors
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285.30(2)
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Pollution by motor vehicle/failure to repair
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346.935
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Drinking in motor vehicles on highway
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968.075
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Relating to no-contact prohibitions in domestic
violence cases
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B.
There is hereby adopted by reference, as though fully
set forth herein, exclusive of penalty provisions, all of Chs. 939
to 961, Wis. Stats., inclusive, as they may be amended from time to
time.
[Amended 10-18-2011 by Ord. No. 1309; 8-21-2018 by Ord. No. 1434]
A.
Adoption of state statutes. Except as otherwise specifically
provided in this chapter, the following statutory provisions, exclusive
of any regulations for which the statutory penalty is a fine or term
of imprisonment, are hereby adopted and by reference made a part of
this chapter as if fully set forth herein:
(1)
Wisconsin
Statutes § 167.31 relating to transporting of bows and firearms.
(2)
Wisconsin
Statutes § 175.60 relating to licenses to carry a concealed weapon.
(3)
Wisconsin
Statutes § 941.23 relating to the carrying of a concealed weapon.
(4)
Wisconsin
Statutes § 943.13 relating to certain trespassing actions while
carrying or possessing a weapon or firearm.
(5)
Wisconsin
Statutes § 948.605 relating to gun-free school zones.
(6)
Wisconsin
Statutes § 167.30 relating to use of firearms, etc. near park,
etc.
(7)
Wisconsin
Statutes § 941.2965 relating to restrictions on use of facsimile
firearms.
(8)
Wisconsin
Statutes § 941.237 relating to carrying a handgun where alcohol
beverages may be sold and consumed.
B.
Retailers; firearms protected or secured while on
display, in storage. It shall be unlawful for any person who is in
the business of buying or selling firearms at retail to have such
firearms in his possession or under his control, whether loaded or
unloaded, on display unless he shall have provided at least the following
security precautions and safeguards:
(1)
When closed for business.
(a)
Handguns shall be kept in a securely locked
vault, safe or solid steel cabinet. As an alternative, handguns shall
be equipped with a trigger-locking device (so that the weapon cannot
be discharged) and kept in a locked display case.
(b)
Shotguns, rifles and other long-barreled firearms
shall be so secured in a key-locked rifle rack so that the weapon
cannot be removed from such rack without first unlocking it. As an
alternative, such weapons shall be secured in a rack (or rack-like
device) with either a locking metal bar (3/8 inch diameter circular
thickness minimum) or a locking metal cable (1/4 inch diameter circular
thickness minimum of braided aircraft-type cable), such bar or cable
inserted through the trigger of each weapon and padlocked to a stationary
(1/4 inch minimum diameter) metal eyebolt (machine or lag screw type),
so that the weapon cannot be removed from the rack without first unlocking
such bar or cable.
(2)
When open for business (except when showing a customer or at time or purchase). Handguns, shotguns, rifles and other long-barreled firearms shall be kept in a locked display case or shall be so secured as required in Subsection B(1) above.
(3)
Ammunition shall be kept safely and securely out of
reach of nonstore personnel, except when a customer is shown what
type of ammunition a certain weapon requires or at time of purchase.
A.
General. 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 City.
B.
Hunting prohibited. It is unlawful for any person
to hunt, whether on public or private property in the City, or go
armed with any type of projectile for the purposes of hunting.
C.
Exceptions. The above regulation does not include
the shooting or discharging of implements used in archery practice
or similar activities on properly supervised archery ranges or public
areas set aside for that purpose by the Chief of Police.
No person shall stand, sit, loaf or loiter or
engage in any sport or exercise on any public street, sidewalk, bridge
or public ground within the City in such manner as to prevent or obstruct
the free passage of pedestrian or vehicular traffic thereon or to
prevent or hinder free ingress to or egress from any place of business
or amusement or any church, public hall or meeting place.
No person shall make or cause to be made any
loud, disturbing or unnecessary sounds or noises which may annoy or
disturb a person of ordinary sensibilities in or about any public
street, alley or park or any private residence.
A.
Loitering or prowling prohibited. 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 make it impracticable, a police or peace officer shall,
prior to any arrest for an offense under this subsection, 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 traffic by loitering. No person shall
loiter upon the public streets, alleys, sidewalks, street crossings
or bridges or in any other public place within the City in such manner
as to prevent, interfere with or obstruct the ordinary free use of
such public streets, alleys, sidewalks, street crossings or bridges
or other public places by persons passing along and over the same.
It shall be an offense under this subsection for a person to refuse
to discontinue such loitering after a request to do so by a police
officer.
C.
Obstruction of entryways by loitering. No person shall
loiter upon the public streets, private driveways or sidewalks or
in adjacent doorways or entrances so as to obstruct the free entry
of persons to the adjacent property, driveways, or other entrances
to such property. It shall be an offense under this subsection for
a person to refuse to discontinue such loitering after being requested
to do so by a police officer.
D.
Loitering in places of public assembly or use. No
person shall by loitering interfere with the free use of any place
of public assembly or public use by others using such place of public
assembly. It shall be an offense under this subsection for a person
to refuse to discontinue such loitering after a request to do so by
a police officer or by the person in charge of the place of public
assembly.
E.
Loitering on private premises without invitation.
No person shall loiter on any private premises without invitation
from the owner or occupant. It shall be an offense under this subsection
for a person to refuse to discontinue such loitering after being requested
to do so by a police officer or by the owner or occupant.
F.
No person shall do any of the following:
(1)
In dwelling areas. Hide, wait or otherwise loiter
in the vicinity of any private dwelling house, apartment building
or any other place of residence with the unlawful intent to watch,
gaze or look upon the occupants therein in a clandestine manner.
(2)
In public rest rooms. Loiter in or about any toilet
open to the public for the purpose of engaging in or soliciting any
lewd or lascivious or any unlawful act.
(3)
In schools. Loiter in or about any school or public
place at or near which children or students attend or normally congregate.
As used in this subsection, "loiter" means to delay, linger or idle
in or about any such school or public place without a lawful purpose
for being present.
(4)
Lodging in public buildings. Lodge in any building,
structure or place, whether public or private, without the permission
of the owner or person entitled to possession or in control thereof.
(5)
In restaurants, taverns or public buildings. Loiter
in or about a restaurant, tavern or other public building. As used
in this subsection, "loiter" means, without just cause, to remain
in a restaurant, tavern or public building or to remain upon the property
immediately adjacent thereto after being asked to leave by the owner
or person entitled to possession or in control thereof.
(6)
KNOWN PROSTITUTE OR PANDERER
PUBLIC PLACE
Soliciting. To loiter in or near any thoroughfare
or place open to the public in a manner and under circumstances manifesting
the purpose of inducing, enticing, soliciting or procuring another
to commit an act of prostitution. Among the circumstances which may
be considered in determining whether such purpose is manifested is
that such person is a known prostitute or panderer; repeatedly beckons
to stop or attempts to stop or engages male or female passersby in
conversation; or repeatedly stops or attempts to stop motor vehicle
operators by hailing, waving of arms or any other bodily gesture.
The violator's conduct must be such as to demonstrate a specific intent
to induce, entice, solicit or procure another to commit an act of
prostitution. No arrest shall be made for a violation of this subsection
unless the arresting officer first affords such person an opportunity
to explain such conduct, and no one shall be convicted of violating
this subsection if it appears at trial that the explanation given
was true and disclosed a lawful purpose. As used in this subsection,
the following terms shall have the meanings indicated:
A person who within one year previous to the date of arrest
for violation of this subsection had within the knowledge of the arresting
officer been convicted or an offense involving prostitution.
An area generally visible to public view and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, and parking
lots; automobiles, whether moving or not; buildings open to the general
public, including those which serve food or drink or provide entertainment;
and the doorways and entrances to buildings or dwellings and the grounds
enclosing them.
G.
Begging. No person shall approach persons on private
or public property, except as an agent or employee of a recognized
and legitimate benevolent, religious or charitable organization, acting
in the course of agency or employment, for the purpose of begging
or soliciting funds or goods. Public property is an area generally
visible to public view and includes streets, sidewalks, bridges, alleys,
plazas, parks, driveways, and parking lots; automobiles, whether moving
or not; buildings open to the general public, including those which
serve food or drink or provide entertainment; and the doorways and
entrances to buildings or dwellings and the grounds enclosing them.
[Amended 12-19-2006 by Ord. No. 1229]
A.
General.
(1)
No person shall cause to be placed any glass, refuse,
waste, filth or other litter upon the streets, alleys, highways, public
parks or other property of the City or upon any private property or
upon the surface of any body of water within the City.
(2)
In the case of continuing deliveries to or hauling
from a premises or site, which activity creates litter for the greater
part of the day, special permission may be granted to remove such
litter by 6:00 p.m. of each day. If the litter is caused by construction
work, the general contractor and the owner of the premises or site
shall be responsible for its cleanup.
B.
Unlawful dumping.
(1)
No person shall deposit or cause to be deposited,
dump, sort, scatter or leave any rubbish, trash, stones, wire, earth,
ashes, cinders, sawdust, hay, glass, manure, filth, paper, liquid,
snow, ice, grass, leaves, twigs, shrubs, construction waste, garbage
or other material of any sort in any public street or alley, upon
any public property or upon any private property, vacant or occupied,
or in any private trash receptacle or dumpster except with express
permission of the owner.
No person shall resist or interfere with any
officer of the City while such officer is doing any act in his official
capacity and with lawful authority, nor shall any person refuse to
assist an officer in carrying out his duties when so requested by
the officer.
[Amended 5-21-2013 by Ord. No. 1345]
A.
No person
shall intentionally dial the emergency telephone number "911" or any
secondary emergency phone numbers to report an emergency to City departments
knowing that in fact the situation which he or she reports does not
exist.
B.
No person
shall intentionally dial the emergency telephone number "911" or any
secondary emergency phone numbers for purposes of communication not
relating to the reporting of an actual emergency.
C.
No parent,
guardian or other adult person having the care and custody of a person
under the age of 18 years shall suffer or permit or by inefficient
control allow such person to violate any of the above.
It shall be unlawful for any person to make
or assist in making any riot, noise, or disturbance in the City of
St. Francis or to aid or countenance any disorderly assemblage.
No person shall within the City be habitually
drunk or intoxicated so as to disturb the good order and quiet of
the City or be found in any public place within the City in such a
state of intoxication that he is unable to care for his own safety
or for the safety of others.
A.
ARCHIVES
LIBRARY
LIBRARY MATERIAL
Definitions. For the purpose of this section, certain
words and terms are defined as follows:
A place in which public or institutional records are systematically
preserved.
The St. Francis Public Library.
Includes any book, plate, picture, photograph, engraving,
painting, drawing, map, newspaper, magazine, pamphlet, broadside,
manuscript, document, letter, public record, microform, sound recording,
audiovisual materials in any format, magnetic or other tapes, artifacts
or other documentary, written or printed materials, regardless of
physical form or characteristics, belonging to, on loan to or otherwise
in the custody of the library.
B.
Possession without consent prohibited. Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of possession of the material may be subject to a forfeiture as provided by § 1-4 of this Code.
C.
Concealment. The concealment of library material beyond
the last station for borrowing library material in the library is
evidence of intent to deprive the library of possession of the material.
The discovery of library material which has not been borrowed in accordance
with the library's procedure or taken with consent of a library official,
agent or employee and which is concealed upon the person or among
the belongings of the person or concealed by a person upon the person
or among the belongings of another person is evidence of intentional
concealment on the part of the person so concealing the material.
D.
Detention based upon probable cause. An official or
adult employee or agent of a library 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 the person's
parent or guardian in the case of a minor. The detained person shall
be promptly informed of the purpose of the detention and be permitted
to make telephone calls but 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. Compliance
with this subsection allows the official, agent or employee effecting
the detention to the same defense in any action as is available to
a peace officer making an arrest in the line of duty.
E.
Damaging material prohibited. No person shall mar,
deface or in any way damage or mutilate any library material.
F.
Return demanded. No person shall fail, on demand,
to return any library material when such demand has been made in accordance
with the rules and regulations duly made and adopted by the library.
Failure to return library materials shall subject such person to fine
as required by the St. Francis Public Library. Failure to pay such
fine shall constitute violation of this section.
Whoever does any of the following is in violation
of this section:
A.
Enters any enclosed public land without the express
or implied consent of the person in charge of such land. Such occurs
when the area is posted as such or any public activity has ceased
in such area.
B.
Enters or remains on any public land or in any public
building after having been notified by a person in charge of such
area or any peace officer. A person has received notice within the
meaning of this section if he has been notified personally, either
orally or in writing, or if the area is posted in a manner that would
reasonably put a person on notice.
C.
Enters a locked and enclosed public building.
It is unlawful for any person to have in his
possession up to 25 grams of marijuana, as defined in § 961.01(14),
Wis. Stats., subject to the exceptions in § 961.41(3g),
Wis. Stats., except any person who is charged with possession of more
than 25 grams of marijuana, or who is charged with possession of any
amount of marijuana following a conviction for the possession of marijuana,
shall not be charged under this section.
[Amended 10-4-2005 by Ord. No. 1200]
A.
GRAFFITI
SPRAY PAINT
WIDE-TIPPED MARKER
Definitions. In this section, the following terms
shall have the meanings indicated:
Any inscription, word, figure or design marked, scratched,
etched, burned, drawn or painted with spray paint, liquid paint, ink,
chalk, dye, or other similar substance or action capable of marking
on buildings, fences, structures and similar places without the express
permission of the owner or operator of the property.
Any container, regardless of the material from which it is
made, which is made or adapted for the purpose of spraying paint.
Any indelible marker or similar implement with a tip which,
at its broadest width, is 1/4 inch or greater.
B.
Prohibited conduct.
(1)
Sale of spray paint and wide-tipped markers to minors.
No person, firm or corporation, except a parent or legal guardian,
employer, school, school district, teacher, or other person authorized
to supervise minors, may sell or give away or in any way furnish spray
paint or wide-tipped markers to any person under the age of 18.
(2)
Possession of spray paint and wide-tipped markers.
No person under the age of 18 may possess spray paint or wide-tipped
markers in a public or private place, without the express permission
of the owner or operator of the property.
C.
Display of spray paint and wide-tipped markers. Every
person who owns, conducts, operates or manages a retail commercial
establishment selling spray paint or wide-tipped markers shall:
(1)
Place a sign in clear public view at or near the display
of such products stating: "Graffiti is against the law. The defacing
of public or private property is punishable by a fine of up to $1,000,
restitution, removal of graffiti, and other punishment as a court
may decide."
(2)
Place a sign in the direct view of persons responsible
for accepting customer payment for spray paint and wide-tipped markers
stating: "Selling spray paint or wide-tipped markers to persons under
18 years of age is against the law. Violators can be fined up to $1,000."
(3)
Display such paint or markers in such a manner as
to make them inaccessible to a customer present in the area allocated
for customer use without assistance from any employee of that establishment.
D.
Penalty. In addition to any other penalties provided
in this Code, a judge may order a person found guilty of violating
this section to remove graffiti, make restitution, or perform community
service or make other orders as the court may deem appropriate.
E.
Removal of graffiti.
(1)
The owner of any property which has been marked by
graffiti shall remove the marking within 10 days of notice to remove
the marking issued by the Police Department.
(2)
Penalty. Any person who fails to comply with Subsection E(1) shall be subject to a forfeiture of not more than $50 for each day the marking is not removed following expiration of the time limit in the order.
(3)
The Common Council hereby creates the City of St.
Francis Anti-Graffiti Trust Fund. Within the limitations of state
statutes, all penalties assessed against violators of this section
shall be deposited in this fund along with any donations received
from persons wishing to contribute to the fund. The Common Council
shall direct the expenditures of the fund; however, all such expenditures
shall be limited to graffiti removal expenses, the expenses incurred
in administering this section and such other public purposes as may
be approved by the Common Council from time to time.
It shall be unlawful for any person to provide
false, incorrect, or misleading information on any application, permit,
license, or similar document provided to the City.
A.
LASER POINTER
PERSON
Definitions. In this section, the following terms
shall have the meanings indicated:
Any hand-held device that emits light amplified by the stimulated
emissions of radiation which is visible to the human eye.
Any individual, firm, partnership, corporation or association.
B.
Prohibited use. No person may intentionally and without
good cause direct a beam from a laser pointer at any part of the body
of another individual.
C.
Sales to minors. No person, except a parent or legal
guardian, employer, teacher or other person authorized to supervise
minors, may sell or give away or in any way furnish a laser pointer
to any person under the age of 18.
D.
Possession by minors. No person under the age of 18
may possess a laser pointer in a public or private place, without
the express permission of the owner or operator of the property.
E.
Retail sales regulations. Each person that owns, conducts,
operates or manages a retail commercial establishment selling laser
pointers shall:
(2)
Display laser pointers in one of the following ways:
(a)
Display laser pointers in such a manner as to
make them inaccessible to a customer present in the area allocated
for customer use without assistance from an employee of the establishment.
(b)
Display laser pointers in such a manner that
cameras or personnel can readily observe customers during all times
the establishment is open to the public. Observation by personnel
may be facilitated by mirrors.
A.
IGNITION DEVICE
MINOR
Definitions. As used in this section the following
terms shall have the meanings indicated:
Shall be defined in the same manner as Ch. 990, Wis. Stats.,
as it may be amended from time to time.
B.
Possession prohibited. No minor may possess any ignition
device, unless under the direct supervision of an adult.
C.
Delivery prohibited. No person may sell, give or deliver
any ignition device to a minor.
D.
Confiscation. Any ignition devices possessed by a
minor may be confiscated by a peace officer. Such may be destroyed
by order of a court of competent jurisdiction.
E.
Penalty. In addition to any other penalties provided
for in this Code, the judge of any court of competent jurisdiction
may order any person found guilty of violating this section to attend
any educational programs as the court deems appropriate and include
as part of the penalty therein that such person pay the costs of such
educational program.
[Added 4-4-2006 by Ord. No. 1213]
A.
FINANCIAL AND CHECK CASHING INSTITUTION
RETAIL ESTABLISHMENT
Definitions. As used in this section, the following
terms shall have the meaning indicated:
Any organization authorized to do business under state or
federal laws relating to financial institutions, including, without
limitation, banks and trust companies, savings banks, building and
loan associations, savings and loan associations and credit unions,
and any businesses existing for the primary purpose of cashing checks
or money orders in exchange for a fee.
An establishment providing retail sale of new products to
the public and rendering services incidental to the sale of such products,
including but not limited to sale of art supplies and picture frames,
art works, auto parts, baked goods, bicycles, books, newspapers and
magazines, collectibles, dry goods, notions and novelties, flowers
and plants, food and beverages, gasoline, furniture and floor coverings,
hardware, hobbies, toys and games, household goods, jewelry, luggage,
major appliances, music, records, compact discs and tapes, paint and
wallpaper, pets, pharmaceutical products, photo equipment and processing,
sewing apparatus, sporting goods, stationery, tobacco products and
wearing apparel. This term includes, but is not limited to, a grocery
store, specialty food store, antique store, liquor store, butcher
shop, delicatessen, portrait studio, furniture or appliance rental
establishment or video rental or sales business, adult bookstore,
lumberyard, building supply or home improvement center, garden center
or secondhand store.
B.
Procedure.
(1)
The Chief of Police may notify the premises owner
as defined above in writing that the owner is required to install
a security camera to the standard set forth in this section. The premises
owner shall have 60 days from the date of notification to install
a security camera. This notice shall be deemed to be properly delivered
if sent either by first-class mail to the premises owner's last known
address or if delivered in person to the premises owner. If the premises
owner cannot be located, the notice shall be deemed to be properly
delivered if a copy of it is left at the premises owner's usual place
of abode in the presence of some competent member of the family at
least 14 years of age or a competent adult currently residing there
and who shall be informed of the contents of the notice. If a current
address cannot be located, it shall be deemed sufficient if a copy
of the notice is sent by first-class mail to the last known address
of the owner as identified by records of the Commissioner of Assessments.
This notice shall contain:
(2)
Install and maintain in proper working order and operate
during all hours the store is open to customers a security camera
which can produce a retrieval image on reproducible film or tape or
digital color images.
(a)
The camera shall be placed to provide a clear
and identifiable full frame of the filmed individual's face, either
entering, exiting or at the cash register. Hanging displays shall
not obstruct views of the individual's face.
(b)
If a time-lapse video recorder is operated,
recorded images shall not be recorded at a slower speed than 24 hours.
(c)
Recorded tapes or digital image files shall
be kept for a minimum of 72 hours.
[Added 8-7-2007 by Ord. No. 1239; amended 7-21-2020 by Ord. No. 1467]
A.
Findings. The Mayor and Common Council of the City of St. Francis,
Milwaukee County, Wisconsin, do hereby find as follows and adopt such
findings as their legislative history for the provisions hereinafter
enacted:
(1)
The Wisconsin Statutes provide for the punishment, treatment and
supervision of persons convicted or otherwise responsible for sex
crimes against children, including their release into the community.
(2)
Chapter 980, Wis. Stats., provides for the civil commitment of sexually
violent persons, a more dangerous type of sex offender, and specifically,
in § 980.08, Wis. Stats., following such commitment, under
certain conditions, provides for the supervised release of such persons
into the community.
(3)
The City of St. Francis places a high priority on maintaining public
safety through highly skilled and trained law enforcement as well
as dependency upon laws that deter and punish criminal behavior.
(4)
Sex offenders have very high recidivism rates, and according to a
1998 report by the United States Department of Justice, sex offenders
are the least likely to be cured and the most likely to reoffend and
prey on the most innocent members of our society. In addition, more
than 2/3 of the victims of rape and sexual assault are under the age
of 18, and sex offenders have a dramatically higher recidivism rate
for their crimes than any other type of violent felon.
(5)
The Common Council has been advised by staff counsel of the findings
of a number of the legislatures of these United States, including
Wisconsin, and including but not limited to Pennsylvania, Alabama,
Iowa, Florida, Maine, and Louisiana, as they pertain to laws adopted
which relate to and in part impose restrictions upon sex offenders
with respect to residency.
(6)
The Common Council has also been advised of the decision of the United
States Court of Appeals for the 8th Circuit, in Doe v. Miller, 405
F.3d 700, 716 (8th Cir. 2005), providing in part: "The record does
not support a conclusion that the Iowa General Assembly and the Governor
acted based merely on negative attitudes toward, fear of, or a bare
desire to harm a politically unpopular group [citation omitted]. Sex
offenders have a high rate of recidivism, and the parties presented
expert testimony that reducing opportunity and temptation is important
to minimizing the risk of re-offense. Even experts in the field could
not predict with confidence whether a particular sex offender will
reoffend, whether an offender convicted of an offense against a teenager
will be among those who 'cross over' to offend against a
younger child, or the degree to which regular proximity to a place
where children are located enhances the risk of re-offense against
children. One expert in the district court opined that it is just 'common
sense' that limiting the frequency of contact between sex offenders
and areas where children are located is likely to reduce the risk
of an offense [citation omitted]. The policymakers of Iowa are entitled
to employ such 'common sense,' and we are not persuaded
that the means selected to pursue the State's legitimate interest
are without rational basis."
(7)
The Common Council desires to codify in this Code, in furtherance
of the protection of the safety of its citizens and to be responsible
to its own citizens, the declaration by the Secretary of the Wisconsin
Department of Health and Family Services and the Secretary of the
Wisconsin Department of Corrections dated October 27, 2006, that Wisconsin
law is now explicit; no sexually violent person may be placed on supervised
release in a residence in the City unless that individual is from
the City.
(8)
The Common Council, having considered a proposed amendment to this
Code to provide residency restrictions for sex offenders and child
safety zones to further protect children, and upon all of the records
and files and reports and proceedings pertaining to the subject matter,
and all of the prior actions and experience of the City of St. Francis
in protecting the community from sexually violent persons, finds the
proposed amendments will serve to protect the health, safety and welfare
of the community.
B.
Purpose and intent.
(1)
The purpose of this section is not to impose a "criminal penalty,"
but instead to address the City of St. Francis' compelling interest
to promote, protect and improve the health, safety and welfare of
the citizens of the City by creating areas around locations where
children regularly congregate in concentrated number wherein certain
sexual offenders and sexual predators are prohibited from establishing
temporary or permanent residency.
(2)
Repeat sexual offenders, sexual offenders who use physical violence
and sexual offenders who prey on children are sexual predators who
present a particular threat to the public safety. Sexual offenders
are extremely likely to use physical violence and to repeat their
offenses, and most sexual offenders commit many offenses, have many
more victims that are never reported, and are prosecuted for only
a fraction of their offenses. This makes the cost of sexual offender
victimization to society at large while incalculable, clearly exorbitant.
C.
BOARD
CHILD
CITY
DESIGNATED OFFENDER
MINOR
PERMANENT RESIDENCE
PROHIBITED ACTIVITY
PROHIBITED LOCATION
SAFETY ZONE
TEMPORARY RESIDENCE
(1)
(2)
Definitions. As used in this section and unless the context clearly
indicates a different meaning, the following terms shall have the
meanings indicated:
The Sex Offender Residency Board established under § 338-20K of this Code.
A person under the age of 16 years.
The City of St. Francis, Wisconsin.
Any person who is required to register under § 301.45,
Wis. Stats., for any sexual offense against a child, or any person
who is required to register under § 301.45, Wis. Stats.,
and who has been designated a special bulletin (SBX) sex offender
pursuant to § 301.46(2) and (2m), Wis. Stats.
A person under the age of 18 years.
A place where the designated offender lodges or resides for
14 or more consecutive days.
Participation in a holiday event involving minors. Holiday
events in which the designated offender is the parent or guardian
of the minors involved, and no nonfamilial minors are present, are
exempt from the definition of "prohibited activity." A designated
offender participates in a prohibited activity by taking part in the
event which shall include, without limitation, distributing candy
or other items to children on Halloween, wearing a Santa Claus costume
on or within the month immediately preceding Christmas, or wearing
an Easter Bunny costume on or in the month immediately preceding Easter
Sunday.
Any licensed day-care center; school for preschool-, elementary-
or middle-school-aged children; park; designated trail; playground;
or place of worship within the City of St. Francis. The City Administrator
shall maintain an official map showing the prohibited locations and
safety zones within the City. The City Administrator shall update
the map at least annually to reflect any changes in the prohibited
locations and safety zones. The map shall be available in the office
of the City Administrator and posted on the City website.
Any real property in the City that supports or upon which
there exists any facility used for or that supports a school for minors,
a public park, a park facility, a designated trail or any other prohibited
location, including any sidewalks or lawn immediately adjacent to
such prohibited location.
Either:
A place where the designated offender abides, lodges or resides
for a period of 14 or more days in the aggregate during any calendar
year and which is not the person's permanent address; or
A place where the designated offender routinely abides, lodges
or resides for a period of four or more consecutive or nonconsecutive
days in any month and that is not the designated offender's permanent
residence.
D.
Residency restrictions.
(1)
A designated offender shall not establish a permanent residence or
temporary residence within the City within 1,500 feet of a prohibited
location.
(2)
For purposes of this section, the minimum distance requirement established under this section shall be measured by following a straight line from the closest point of the outer property boundary line of the real property of the permanent residence or temporary residence of a designated offender to the nearest outer property line of a prohibited location. If any portion of a tax parcel contains a prohibited location, the entire tax parcel shall be considered a prohibited location. If any portion of a tax parcel would constitute a prohibited location of residence under § 338-20C, the entire tax parcel shall be considered a prohibited location of residence.
(3)
Residency restriction exceptions. A person residing within 1,500 feet of a prohibited location as defined in Subsection C above shall not be deemed to be in violation of this section if any of the following apply:
(a)
Subject to § 338-20I of this Code, the designated offender established the permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats., before the initial effective date of the relevant provision of this § 338-20 and the designated offender has resided in such permanent residence or temporary residence continuously since the effective date of this chapter, except for temporary absences of no more than 30 consecutive days.
(b)
The designated offender is a minor and is not required to register
under §§ 301.45 and/or 301.46, Wis. Stats.
(c)
The prohibited location situated within 1,500 feet of the person's
permanent residence was opened or established after the designated
offender established the permanent residence and reported and registered
such residence pursuant to § 301.45, Wis. Stats.
(d)
The residence is also the primary residence of the designated
offender's parents, grandparents, siblings, spouse, child or
children and such parent, grandparent, sibling, spouse, child or children
established their residence at least two years before the designated
offender established residence at that location. The designated offender,
however, shall be prohibited from residing in such location if a victim
of an offense giving rise to the designated offender's designation
also resides at the residence and is a minor unless the designated
offender is on probation or parole and residing with the victim is
approved, in writing, by the probation or parole officer; and if not
on probation or parole, such location is prohibited unless approved,
in writing, by the St. Francis Chief of Police, based upon a finding
that the circumstances of the offense, the designated offender, the
victim, and all relevant information in the matter substantially eliminates
the risk of reoffense against the victim.
(4)
Original domicile restriction. In addition to the foregoing residency restrictions, but subject to the provisions of § 338-20K of this Code, no designated offender and no individual who has been convicted of, or adjudicated delinquent for, or been found guilty by reason of mental disease or defect of, a sexually violent offense and/or a crime against children shall be permitted to reside in the City of St. Francis unless such person was domiciled in the City of St. Francis at the time of the offense resulting in the person's most recent conviction for committing the sexually violent offense and/or crime against children. The original domicile provisions of this § 338-20D(4) shall not be deemed to apply after 10 years have passed from the date of the most recent offense giving rise to the designated offender designation if such offense was not a Class A felony against a child.
E.
Safety zones.
(1)
No designated offender shall enter or be present upon or within a safety zone, except as provided in Subsection G(2), below:
(2)
Safety zone exceptions. A designated offender who enters upon, or
who is present upon or within, a safety zone does not commit a violation
of this section if any of the following apply:
(a)
The property also supports a church, synagogue, mosque, temple
or other house of religious worship, subject to the following conditions:
(b)
The property also supports a use lawfully attended by the designated
offender's natural or adopted child/children, which child/children's
use reasonably requires the attendance of the designated offender
as the child/children's parent upon the property, subject to
the following condition:
[1]
The designated offender's entrance and presence upon the
property occurs only during hours of activity related to the use as
posted to the public.
(c)
The property also supports a school lawfully attended by the
designated offender, or a child of the designated offender, as a student,
and under such circumstances, the designated offender may enter upon
the property supporting such school as reasonably required for the
educational purposes of the designated offender or his or her child.
(d)
The property also supports a court, government office or room
for public governmental meetings, subject to all of the following
conditions:
[1]
The designated offender is on the property only to transact
business at the government office or place of business, other than
a public library, or to attend an official meeting of a governmental
body; and
[2]
The designated offender leaves the property immediately upon
completion of the business or meeting.
F.
Prohibited activity. No designated offender shall participate in a prohibited activity in violation of this § 338-20.
G.
Property owners prohibited from renting real property to certain
designated offenders and sexual predators; notification requirements.
(1)
Property owner restrictions. It shall be unlawful for any owner(s)
of real property in the City of St. Francis to lease or rent any place,
structure, mobile home, trailer or any part thereof with the knowledge
that it will be used as a permanent residence or temporary residence
by any person prohibited from establishing a permanent residence or
temporary residence therein pursuant to this section, if such place,
structure, mobile home, trailer or any part thereof is located within
a prohibited location of a residence as defined in this section.
(2)
Notice to Chief of Police. A designated offender, and any owner(s)
of real property who leases or rents any place, structure, mobile
home, trailer or any part thereof with the knowledge that it will
be used as a permanent residence or temporary residence by any person
who is a designated offender, must each notify the City of St. Francis
Police Chief, in writing, a minimum of 14 days prior to establishing
either a permanent residence or temporary residence within the City.
In addition, any property owner who has leased or rented any place,
structure, mobile home, trailer or any part thereof as a permanent
residence or temporary residence by any person who is a designated
offender, at any time during a calendar year, shall report, in writing,
to the Police Chief as to the status of the leasing or renting by
the designated offender, including, without limitation, the names
of all designated offenders who lease or rent any portion of such
place, structure, mobile home, trailer or any part thereof as of December
1 of such calendar year, the remaining lease term under the current
lease for each designated offender, and if a designated offender no
longer leases or rents such place, structure, mobile home, trailer
or any part thereof, the date said designated offender no longer leased
or rented such place. All such information shall be provided, in writing,
to the Police Chief on or before December 31 of each calendar year.
(3)
Notice to property owner. A designated offender shall notify any
property owner(s) from whom the designated offender intends to lease
or rent any place, structure, mobile home, trailer or any part thereof,
that the designated offender is a designated offender, as defined
in this section, prior to entering into any lease or rental arrangement.
H.
Exception for placements under Ch. 980, Wis. Stats. To the extent required by § 980.135, Wis. Stats., and notwithstanding the foregoing provisions of this § 338-20, the City of St. Francis hereby exempts and may not enforce any portion hereof that restricts or prohibits a designated offender from residing at a certain location or that restricts or prohibits a person from providing housing to a designated offender against an individual who is released under § 980.08, Wis. Stats., or against a person who provides housing to such individual, so long as the individual is subject to supervised release under Ch. 980, Wis. Stats., the individual is residing where he or she is ordered to reside under § 980.08, Wis. Stats., and the individual is in compliance with all court orders issued under Ch. 980, Wis. Stats.
I.
Petition for exemption; Sex Offender Residency Board established.
(1)
Designated offenders may seek an exemption from the provisions of
this section by petitioning to the Sex Offender Residency Board ("Board").
(2)
The Board shall consist of three residents of the City. Members shall
be appointed by the Mayor, subject to approval by the Common Council.
Members shall serve for a term of three years and shall serve not
more than two consecutive terms. The terms for the initial members
of the Board shall be staggered with one member serving one year,
a second serving two years and the third serving three years.
(3)
From time to time, the Board shall approve an official petition form,
which shall be available on the City's website and the office
of the City Clerk/Treasurer.
(4)
The designated offender seeking an exemption must complete the approved
petition form and submit it to the City Clerk/Treasurer, who shall
forward it to the Board. The Board shall hold a hearing on each petition
without unreasonable delay. Such hearing shall be open to the public.
(5)
During the hearing on any petition, the petitioner shall appear in
person, but may be represented by an attorney at their option. The
Board may review any pertinent information and accept oral or written
statements from any person. The Board shall base its decision on the
information those statements presented during the hearing based on
factors related to the City's interest in promoting, protecting
and improving the health, safety and welfare of the community as set
forth in this section, while giving due consideration to other applicable
factors. Other applicable factors for the Board's consideration
shall include, but are not limited to:
(a)
Nature of the offense that resulted in offender status.
(b)
Date of offense.
(c)
Age at time of offense.
(d)
Recommendation of probation or parole officer.
(e)
Recommendation of Police Department.
(f)
Recommendation of any treating practitioner.
(g)
Counseling, treatment and rehabilitation status of offender.
(h)
Remorse of offender.
(i)
Duration of time since offender's incarceration.
(j)
Support network of offender.
(k)
Relationship of offender and victim(s).
(l)
Presence or use of force in offense(s).
(m)
Adherence to terms of probation or parole.
(n)
Proposals for safety assurances of offender.
(o)
Conditions to be placed on any exception from the requirements
of this section.
(6)
The Board shall decide by majority vote whether to grant, conditionally
grant, or deny an exemption. An exemption may be unconditional or
limited to a certain address or time. The Board's decision shall
be final for purposes of any appeal. A written copy of the decision
shall be provided to the designated offender, the City Administrator,
and the City of St. Francis Police Department.
J.
Severability. If any section, paragraph, sentence, clause or phrase
of this section is declared unconstitutional or invalid for any reason,
or be repealed, it shall not affect the validity of this section as
a whole, or any part thereof, other than the part so declared to be
invalid or repealed.
K.
Penalties and remedies.
(1)
Forfeitures. Any person who shall violate any provision of this section
or any regulation, rule or order made herein shall be subject to a
forfeiture of not less than $100 nor more than $500 for each offense,
plus statutory costs and assessments. Each day a violation continues
shall constitute a separate offense. Neither the issuance of a citation
or the imposition of forfeiture hereunder shall preclude the City
from seeking or obtaining any or all other legal and equitable remedies
to prevent or remove a violation of this section.
(2)
Injunction. If a designated offender establishes a residence in violation
of this section, or enters or is present upon or within a safety zone
in violation of this section, the City may, in addition to pursuing
all other rights and remedies available at law or this section, bring
an action in the name of the City in the circuit court to seek a temporary
restraining order, temporary injunction, or an injunction to permanently
enjoin the violation as a public nuisance or to take any action or
prevent any action necessary for compliance with the terms of this
section.
L.
Continuation. The provisions of this section, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of this § 338-20, or any amendments hereto, are intended and hereby declared as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall be from the date of the first adoption of such provisions.
[Added 7-6-2010 by Ord. No. 1289]
A.
ASSISTED-LIVING FACILITY
CORRECTIONAL FACILITY
DAY-CARE CENTER
EDUCATIONAL FACILITY
EMPLOYMENT
ENCLOSED PLACE
INPATIENT HEALTH CARE FACILITY
LODGING ESTABLISHMENT
PERSON IN CHARGE
PLACE OF EMPLOYMENT
PRIVATE CLUB
PUBLIC CONVEYANCE
PUBLIC PLACE
RESTAURANT
RETAIL ESTABLISHMENT
RETAIL TOBACCO STORE
SMOKING
SPORTS ARENA
STATE INSTITUTION
SUBSTANTIAL WALL
TAVERN
TOBACCO BAR
TOBACCO PRODUCT
TREATMENT FACILITY
TYPE 1 JUVENILE CORRECTIONAL FACILITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A community-based residential facility, as defined in § 50.01(1g),
a residential care apartment complex, as defined in § 50.01(1d),
or an adult family home, as defined in § 50.01(1)(b), Wis.
Stats.
A jail, as defined in § 165.85(2)(bg), a Huber
facility under § 303.09, a work camp under § 303.10,
a reforestation camp under § 303.07, or a lockup facility
under § 302.30, Wis. Stats.
Has the meaning given in § 49.136(1)(d), Wis. Stats.[2]
Any building used principally for educational purposes in
which a school is located or a course of instruction or training program
is offered that has been approved or licensed by a state agency or
board.
Notwithstanding § 101.01(5), Wis. Stats., "employment"
means any trade, occupation, or process of manufacture or any method
of carrying on such trade, occupation, or process of manufacture in
which any person may be engaged.
A structure or area that has all of the following:
A hospital, as defined in § 50.33 (2), a county
home established under § 49.70, a county infirmary established
under § 49.72, a nursing home, as defined in § 50.01(3),
a hospice, as defined in § 50.90(1), a Wisconsin veterans
home under § 45.50, , Wis. Stats. or a treatment facility.
Any of the following:
The person, or his or her agent, who ultimately controls,
governs or directs the activities aboard a public conveyance or at
a location where smoking is prohibited or regulated under this section.
Notwithstanding § 101.01(11), Wis. Stats., "place
of employment" means any enclosed place that employees normally frequent
during the course of employment, including an office, a work area,
an elevator, an employee lounge, a restroom, a conference room, a
meeting room, a classroom, a hallway, a stairway, a lobby, a common
area, a vehicle, or an employee cafeteria.
A facility used by an organization that limits its membership
and is organized for a recreational, fraternal, social, patriotic,
political, benevolent, or athletic purpose.
A mass transit vehicle as defined in § 340.01(28m),
a school bus as defined in § 340.01(56), Wis. Stats. or
any other device by which persons are transported, for hire, on a
highway or by rail, water, air, or guide wire within this state, but
does not include such a device while providing transportation in interstate
commerce.
Any enclosed place that is open to the public, regardless
of whether a fee is charged or a place to which the public has lawful
access or may be invited.
An establishment as defined in § 254.61(5), Wis.
Stats.
Any store or shop in which retail sales is the principal
business conducted.
A retail establishment that does not have a Class B intoxicating
liquor license or a Class B fermented malt beverages license and that
generates 75% or more of its gross annual income from the retail sale
of tobacco products and accessories.
Burning or holding, or inhaling or exhaling smoke from, any
of the following items containing tobacco:
Any stadium, pavilion, gymnasium, swimming pool, skating
rink, bowling center, or other building where spectator sporting events
are held.
A mental health institute, as defined in § 51.01(12),
a center for the developmentally disabled, as defined in § 51.01(3),
or a secure mental health facility at which persons are committed
under § 980.06, Wis. Stats.
A wall with an opening that may be used to allow air in from
the outside that is less than 25% of the wall's surface area.
An establishment, other than a restaurant, that holds a Class
B intoxicating liquor license or Class B fermented malt beverages
license.
A tavern that generates 15% or more of its annual gross income
from the sale on the tavern premises, other than from a vending machine,
of cigars and tobacco for pipes.
Any form of tobacco prepared in a manner suitable for smoking
but not including a cigarette.
A publicly or privately operated inpatient facility that
provides treatment of alcoholic, drug dependent, mentally ill, or
developmentally disabled persons.
Has the meaning given in § 938.02(19), Wis. Stats.
[2]
Editor's Note: Section 49.136(1)(d) was repealed and renumbered
by 2009 Wisconsin Act 185.
B.
Prohibition against smoking.
(1)
Except as provided in Subsection C, no person may smoke in any of the following enclosed places:
(a)
The state capitol.
(b)
Residence halls or dormitories owned or operated by a college
or university.
(c)
Day-care centers.
(d)
Educational facilities.
(e)
Inpatient health care facilities.
(f)
Theaters.
(g)
Correctional facilities.
(h)
State institutions.
(i)
Restaurants.
(j)
Taverns.
(k)
Private clubs.
(l)
Retail establishments.
(m)
Common areas of multiple-unit residential properties.
(n)
Lodging establishments.
(o)
State, county, City, village, or town buildings.
(2)
No person may smoke at any of the following outdoor locations:
(a)
In the immediate vicinity of the state capitol.
(b)
Anywhere on the premises of a day-care center when children
who are receiving day-care services are present.
(c)
Anywhere on the grounds of a Type 1 juvenile correctional facility.
(d)
A location that is 25 feet or less from a residence hall or
dormitory that is owned or operated by the Board of Regents of the
University of Wisconsin System.
(4)
Responsibility of persons in charge.
(a)
No person in charge may allow any person to smoke in violation of Subsection B at a location that is under the control or direction of the person in charge.
(b)
A person in charge may not provide matches, ashtrays, or other
equipment for smoking at the location where smoking is prohibited.
(c)
A person in charge shall make reasonable efforts to prohibit
persons from smoking at a location where smoking is prohibited by
doing all of the following:
[1]
Posting signs setting forth the prohibition and providing other
appropriate notification and information concerning the prohibition.
[2]
Refusing to serve a person, if the person is smoking in a restaurant,
tavern, or private club.
[3]
Asking a person who is smoking to refrain from smoking and,
if the person refuses to do so, asking the person to leave the location.
(d)
If a person refuses to leave a location after being requested to do so as provided in Subsection B(4)(c)[3], the person in charge shall immediately notify an appropriate law enforcement agency of the violation.
C.
Exceptions. The prohibition against smoking in Subsection B(1) does not apply to the following:
(1)
A private residence.
(2)
A room used by only one person in an assisted-living facility as
his or her residence.
(3)
A room in an assisted-living facility in which two or more persons
reside if every person who lives in that room smokes and each of those
persons has made a written request to the person in charge of the
assisted-living facility to be placed in a room where smoking is allowed.
(4)
A retail tobacco store that is in existence on June 3, 2009, and
in which only the smoking of cigars and pipes is allowed.
(5)
A tobacco bar that is in existence on June 3, 2009, and in which
only the smoking of cigars and pipes is allowed.
D.
Penalties.
(1)
Any person who violates Subsection B shall be subject to a forfeiture of not less than $100 nor more than $250 for each violation.
E.
Injunction. Notwithstanding § 165.60, Wis. Stats., state
or local officials or any affected party may institute an action in
any court with jurisdiction to enjoin repeated violations of this
section.
[Added 7-6-2010 by Ord. No. 1290; amended 5-1-2012 by Ord. No.
1320]
A.
ARTICLE
AUCTIONEER
BILLABLE TRANSACTION
CHARITABLE ORGANIZATION
CUSTOMER
JEWELRY
PAWNBROKER
SECONDHAND
SECONDHAND ARTICLE DEALER
(1)
(2)
(3)
(4)
(5)
(6)
SECONDHAND JEWELRY DEALER
(1)
(2)
(3)
(4)
Definitions. When used in this section, the following words shall
mean:
Any item of value other than jewelry.
An individual who is registered as an auctioneer under Ch.
480 of the Wisconsin Statutes and who sells secondhand articles or
secondhand jewelry at an auction, as defined in § 480.01(1)
of the Wisconsin Statutes.
Every reportable transaction conducted by a pawnbroker and
secondhand article and secondhand jewelry dealer except renewals,
redemptions or extensions of existing transactions on items previously
reported and continuously in the licensee's possession, voided transactions,
and confiscations.
A corporation, trust or community chest, fund or foundation,
organized and operated exclusively for religious, charitable, scientific,
literary or educational purposes or for the prevention of cruelty
to children or animals, no part of the net earnings of which inures
to the benefit of any private shareholder or individual.
A person with whom a transaction is conducted by a pawnbroker,
secondhand article dealer or secondhand jewelry dealer, or an agent
thereof, who engages in a transaction of purchase, sale, receipt,
or exchange of any secondhand article.
Any tangible personal property ordinarily wearable on the
person and consisting in whole or in part of any metal, mineral or
gem customarily regarded as precious or semiprecious.
Any person who engages in the business of lending money on
the deposit or pledge of any article or jewelry, or purchasing any
article or jewelry with an expressed or implied agreement or understanding
to sell it back at a subsequent time at a stipulated price.
Property owned by any person, except a wholesaler, retailer,
or secondhand article dealer or secondhand jewelry dealer licensed
under § 134.71 of the Wisconsin Statutes or a local ordinance
pursuant to such statute, immediately before the transaction at hand.
Any person, other than an auctioneer, who primarily engages
in the business of purchasing or selling secondhand articles, except
when engaging in any of the following:
Any transaction at an occasional garage or yard sale, an estate
sale, a gun, knife, gem or antique show or a convention.
Any transaction entered into by a person while engaged in a
business for which the person is licensed under sub. (2) or (4)[1] or while engaged in the business of junk collector, junk
dealer or scrap processor as described in § 70.995(2)(x)
of the Wisconsin Statutes.
Any transaction while operating as a charitable organization
or conducting a sale the proceeds of which are donated to a charitable
organization.
Any transaction as a purchaser of a secondhand article from
a charitable organization if the secondhand article was a gift to
the charitable organization.
Any transaction as a seller of a secondhand article which the
person bought from a charitable organization if the secondhand article
was a gift to the charitable organization.
Any person, other than an auctioneer, who engages in the
business of any transaction consisting of purchasing, selling, receiving
or exchanging secondhand jewelry, except for the following:
Any transaction at an occasional garage or yard sale, an estate
sale, a gun, knife, gem or antique show or a convention.
Any transaction with a licensed secondhand jewelry dealer.
Any transaction entered into by a person while engaged in a
business of smelting, refining, assaying or manufacturing precious
metals, gems or valuable articles if the person has no retail operation
open to the public.
[1]
Editor's Note: See the definition of "secondhand article dealer"
in § 134.71(1)(g), Wis. Stats., which definition contains
reference to "sub. (2) or (4)" ("license for pawnbroker" and "license
for secondhand jewelry dealer," respectively).
B.
License required.
(1)
No person may operate as a pawnbroker, secondhand article dealer
or secondhand jewelry dealer unless the person first obtains a pawnbroker,
secondhand article dealer or secondhand jewelry dealer license under
this section; provided, however, that a person who holds a valid license
as a secondhand article dealer or a secondhand jewelry dealer may
operate anywhere in the state as provided in § 134.71(3)(a)
and (4)(a) of the Wisconsin Statutes.
(2)
A person wishing to operate as pawnbroker, secondhand article dealer
or secondhand jewelry dealer and have a principal place of business
in the City shall apply for a license to the City Clerk. The Clerk
shall furnish application forms approved by the Police Department
that shall require all of the following:
(a)
The applicant's name, place and date of birth, residence address,
and residence addresses for the ten-year period prior to the date
of the application.
(b)
The name and address of the business and of the owner of the
business premises.
(c)
Whether the applicant is a natural person, corporation, limited
liability company, or partnership, and:
[1]
If the applicant is a corporation, the state where incorporated
and the names and addresses of all officers and directors.
[2]
If the applicant is a partnership, the names and addresses of
all partners.
[3]
If the applicant is a limited liability company, the names and
addresses of all members.
[4]
The name, place and date of birth, residence address, and residence
addresses for the ten-year period prior to the date of the application
of the manager or proprietor of the business.
[5]
The name, address and date of birth of all employees of the
business.
[6]
Any other information that the Clerk may reasonably require.
(d)
A statement as to whether the applicant, including an individual,
agent, officer, director, member, partner, manager, or proprietor,
has been convicted of any crime, statutory violation punishable by
forfeiture, or county or municipal ordinance violation. If so, the
applicant must furnish information as to the time, place, and offense
of all such convictions.
(e)
Whether the applicant or any other person listed in Subsection B(2)(d) above has ever used or been known by a name other than the applicant's name, and, if so, the name or names used and information concerning dates and places used.
(f)
Whether the applicant or any other person listed in Subsection B(2)(d) above has previously been denied or had revoked or suspended a pawnbroker, secondhand article dealer or secondhand jewelry dealer license from any other governmental unit. If so, the applicant must furnish information as to the date, location, and reason for the action.
(3)
Investigation of license applicant. The Police Department shall investigate each applicant and any other person listed in Subsection B(2)(c) to determine whether any such person has been convicted within the preceding 10 years of a felony or within the preceding 10 years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation and, if so, the nature and date of the offense and the penalty assessed. The Department shall furnish the information derived from that investigation in writing to the City Clerk. The investigation shall include each agent, officer, member, partner, manager, proprietor or employee.
(4)
License issuance.
(a)
The Common Council shall grant the license if all of the following
apply:
[1]
The applicant, including an individual, a partner, a member
of a limited liability company, a manager, a proprietor, or an officer,
director, or agent of any corporate applicant, has not been convicted
within the preceding 10 years of a felony or within the preceding
10 years of a misdemeanor, statutory violation punishable by forfeiture
or county or municipal ordinance violation in which the circumstances
of the felony, misdemeanor or other offense substantially relate to
the circumstances of being a pawnbroker, secondhand jewelry dealer,
secondhand article dealer or secondhand article dealer mall or flea
market owner.
[2]
With respect to an applicant for a pawnbroker, the applicant
shall provide to the City Clerk a bond of $500 with not less than
two sureties for the observation of all municipal ordinances or state
or federal laws relating to pawnbrokers. The bond must be in full
force and effect at all times during the term of the license.
(b)
No license issued under this subsection may be transferred.
(c)
Each license is valid from January 1 until the following December
31.
(d)
Display of license. Each license issued under this section shall
be displayed in a conspicuous place visible to anyone entering a licensed
premises.
(e)
License fees. The annual license fees for licenses issued under
this chapter shall be found in the current schedule of fees on file
with the City Clerk.
C.
Pawnbroker and dealer requirements.
(1)
Identification. No pawnbroker, secondhand article dealer or secondhand
jewelry dealer may engage in a transaction of purchase, receipt or
exchange of any secondhand article or secondhand jewelry from a customer
without first securing adequate identification from the customer.
At the time of the transaction, the pawnbroker, secondhand article
dealer or secondhand jewelry dealer shall require the customer to
present one of the following types of identification:
(a)
A county identification card.
(b)
A state identification card.
(c)
A valid Wisconsin motor vehicle operator's license.
(d)
A valid motor vehicle operator's license, containing a picture,
issued by another state.
(e)
A military identification card.
(f)
A valid passport.
(g)
An alien registration card.
(h)
A senior citizen's identification card containing a photograph.
(i)
Any identification document issued by a state or federal government,
whether or not containing a picture, if the pawnbroker, secondhand
article dealer or secondhand jewelry dealer obtains a clear imprint
of the customer's right index finger.
(2)
Transactions with minors.
(a)
Except as provided in Subsection C(2)(b), no pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from any minor.
(b)
A pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction described under Subsection C(2)(a) if the minor is accompanied by his or her parent or guardian at the time of the transaction or if the minor provides the pawnbroker, secondhand article dealer or secondhand jewelry dealer with the parent's or guardian's written consent to engage in the particular transaction.
(3)
Records.
(a)
Except as provided in Subsection C(3)(b), for each transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to complete and sign, in ink, the appropriate form provided under Subsection E. No entry on such a form may be erased, mutilated or changed. The pawnbroker, secondhand article dealer or secondhand jewelry dealer shall retain an original and a duplicate of each form for not less than one year after the date of the transaction except as provided in Subsection C(5), and during that period shall make the duplicate available to any law enforcement officer for inspection at any time that the pawnbroker's, secondhand article dealer's, or secondhand jewelry dealer's principal place of business is open to the public or at any other reasonable time.
(b)
For every secondhand article purchased, received or exchanged by a secondhand article dealer from a customer off the secondhand article dealer's premises or consigned to the secondhand article dealer for sale on the secondhand article dealer's premises, the secondhand article dealer shall keep a written inventory. In this inventory, the secondhand article dealer shall record the name and address of each customer, the date, time and place of the transaction and a detailed description of the article that is the subject of the transaction, including the article's serial number and model number, if any. The customer shall sign his or her name on a declaration of ownership of the secondhand article identified in the inventory and shall state that he or she owns the secondhand article. The secondhand article dealer shall retain an original and a duplicate of each entry and declaration of ownership relating to the purchase, receipt or exchange of any secondhand article for not less than one year after the date of the transaction except as provided in Subsection C(5), and shall make duplicates of the inventory and declarations of ownership available to any law enforcement officer for inspection at any time that the secondhand article dealer's principal place of business is open to the public or at any other reasonable time.
(c)
Every secondhand article dealer shall on a weekly basis prepare
a list that contains the name and address of each customer of the
secondhand article dealer during the week for which the list was prepared,
the date, time, and place of each transaction with each of those customers,
and a detailed description of the secondhand article, including the
secondhand article's serial number and model number, if any. The secondhand
article dealer shall retain the list for not less than one year after
the date on which the list was prepared. The secondhand article dealer
shall make the list available to any law enforcement officer for inspection
at any time that the secondhand article dealer's principal place of
business is open to the public or at any other reasonable time.
(d)
As an alternative to submission of written forms under this
section, the Chief of Police may, in his or her discretion, require
the submission of information in a computerized record approved by
the Police Department including, but not limited to, the following:
[1]
A complete and accurate description of each item, including,
but not limited to, any trademark, identification number, serial number,
model number, brand name, or other identifying mark on such an item.
[2]
The purchase price, amount of money loaned upon, or pledged
therefor.
[3]
The maturity date of the transaction and the amount due, including
monthly and annual interest rates and all pawn fees and charges.
[4]
Date, time and place the item of property was received by the
licensee, and the unique alpha and/or numeric transaction identifier
that distinguishes it from all other transactions in the licensee's
records.
[5]
Full name, current residence address, current residence telephone
number, date of birth and accurate description of the person from
whom the item of the property was received, including sex, height,
weight, race, color of eyes and color of hair.
[6]
The identification number(s) and issuing agency for the identification obtained in compliance with Subsection C(1) of this section.
[7]
A copy of the signature of the person identified in the transaction.
[8]
Photographic or video standards. The licensee must also take
a color photograph or color video recording of:
[a]
Each customer involved in a billable transaction.
[b]
Every item a pawnbroker, secondhand article dealer
or secondhand jewelry dealer has purchased that does not have a unique
serial or identification number permanently engraved or affixed.
[c]
If a still photograph is taken, it must be at least
two inches in length by two inches in width and must be maintained
in such a manner that the photograph can be readily matched and correlated
with all other records of the transaction to which they relate. Such
photographs must be available to the Chief of Police, or the Chief's
designee, upon request. The major portion of the photograph must include
an identifiable facial image of the person who pawned or sold the
item. Items photographed must be accurately depicted. The licensee
must inform the person that he or she is being photographed by displaying
a sign of sufficient size in a conspicuous place in the premises.
If a video is recorded, the video camera must focus on the person
pawning or selling the item so as to include an identifiable image
of that person's face. Items photographed by video must be accurately
depicted. Video recordings must be electronically referenced by time
and date so they can be readily matched and correlated with all other
records of the transaction to which they relate. The licensee must
inform the person that he or she is being videotaped by displaying
a sign of sufficient size in a conspicuous place on the premises.
The licensee must keep the exposed videotape for three months.
(e)
Digitized photographs. Photographs and videos submitted by licensees
must be in color and submitted as digital images, in a format specified
by the Chief of Police, electronically cross-referenced to the reportable
transaction they are associated with. Renewals, extensions, redemptions
and confiscations. For renewals, extensions, redemptions and confiscations,
the licensee shall provide the original transaction identifier, the
date of the current transaction, and the type of transaction.
(f)
Daily reports to police. Effective no later than 30 days after
request by the Police Department, the licensee shall submit each transaction
to the police department on a daily basis using the NEWPRS software.
Licensees must provide to the police department all transaction information
by transferring it from their computer to the NEWPRS System via the
Internet using the current version of the NEWPRS software. All required
records must be transmitted completely and accurately after the close
of business each day in accordance with standards and procedures established
by the issuing authority.
[1]
The licensee must display a sign of sufficient size, in a conspicuous
place in the premises, which informs patrons that all transactions
are reported to the Police Department daily.
[2]
If a licensee is unable to successfully transfer the required
reports via the Internet for that day, the licensee must provide the
Police Department, upon request, printed copies of all reportable
transactions along with the video recording(s) for that date, by noon
the next business day;
[3]
If the problem is determined to be in the licensee's system or with the licensee's Internet connection, and is not corrected by the close of the first business day following the failure, the licensee must continue to provide the required reports as detailed in Subsection C(3)(f), and shall be charged a reporting failure penalty of $100, daily, until the error is corrected; or
[4]
If the problem is determined to be outside the licensee's system,
the licensee must continue to provide the required reports in this
section, and resubmit all such transactions via the Internet when
the error is corrected.
[5]
If a licensee is unable to capture, digitize or transmit the
photographs required under this section, the licensee must immediately
take all required photographs with a still camera, cross-reference
the photographs to the correct transaction, and make the pictures
available to the Police Department upon request.
[6]
Regardless of the cause or origin of the technical problems
that prevented the licensee from uploading their reportable transactions,
upon correction of the problem, the licensee shall upload every reportable
transaction from every business day the problem had existed.
(g)
Receipt required. Every licensee must provide a receipt to the
party identified in every reportable transaction and must maintain
a duplicate of that receipt for three years. The receipt must include
at least the following information:
[1]
The name, address and telephone number of the licensed business.
[2]
The date and time the item was received by the licensee.
[3]
Whether the item was pawned or sold, or the nature of the transaction.
[4]
An accurate description of each item received including, but
not limited to, any trademark, identification number, serial number,
model number, brand name, or other identifying mark on such an item.
[5]
The signature or unique identifier of the licensee or employee
that conducted the transaction.
[6]
The amount advanced or paid.
[7]
The monthly and annual interest rates, including all pawn and
secondhand article dealer's fees and charges.
[8]
The last regular day of business by which the item must be redeemed
by the pledger without risk that the item will be sold, and the amount
necessary to redeem the pawned item on that date.
[9]
The full name, current residence address, current residence
telephone number, and date of birth of the pledger or seller.
[10]
The identification number and state of issue from
any of the forms of identification permitted under this section.
[11]
Description of the pledger or seller including
approximate sex, height, weight, race, color of eyes and color of
hair.
[12]
The signature of the pledger or seller.
(h)
Inspection of records. Records must at all reasonable times
be open to inspection by the Police Department. Data entries shall
be retained for at least three years from the date of transaction.
Entries of required digital images shall be retained a minimum of
90 days.
(4)
Holding period.
(a)
Except as provided in Subsection C(4)(f), any secondhand article or secondhand jewelry purchased or received by a pawnbroker shall be kept on the pawnbroker's premises or other place for safekeeping for not less than 30 days after the date of purchase or receipt, unless the person known by the pawnbroker to be the lawful owner of the secondhand article or secondhand jewelry recovers it.
(b)
Except as provided in Subsection C(4)(f), any secondhand article purchased or received by a secondhand article dealer shall be kept on the secondhand article dealer's premises or other place for safekeeping for not less than 21 days after the date of purchase or receipt.
(c)
Except as provided in Subsection C(4)(f), any secondhand jewelry purchased or received by a secondhand jewelry dealer shall be kept on the secondhand jewelry dealer's premises or other place for safekeeping for not less than 21 days after the date of purchase or receipt.
(d)
During the period set forth in Subsection C(4)(a), (b), or (c), the secondhand article or secondhand jewelry shall be held separate and apart and may not be altered in any manner. The pawnbroker, secondhand article dealer, or secondhand jewelry dealer shall permit any law enforcement officer to inspect the secondhand article or secondhand jewelry during this period. Within 24 hours after a written request of a law enforcement officer during this period, a pawnbroker, secondhand article dealer, or secondhand jewelry dealer shall make available for inspection any secondhand article or secondhand jewelry that is kept off the premises for safekeeping. Any law enforcement officer who has reason to believe any secondhand article or secondhand jewelry was not sold or exchanged by the lawful owner may direct a pawnbroker, secondhand article dealer, or secondhand jewelry dealer to hold that secondhand article or secondhand jewelry for a reasonable length of time that the law enforcement officer considers necessary to identify it.
(f)
During any holding period required under this subsection, the
article shall be held separate from salable inventory and may not
be altered in any manner. The pawnbroker, secondhand article dealer
or secondhand jewelry dealer shall permit any law enforcement officer
to inspect the article during this period upon request. Any item that
is not on the premises shall be made available by a licensee within
24 hours after a request of a law enforcement officer during this
period.
(5)
Report to law enforcement agency. Within 24 hours after purchasing or receiving a secondhand article or secondhand jewelry, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall make available, for inspection by a law enforcement officer, the original form completed under Subsection C(3)(a) or the inventory under Subsection C(3)(b), whichever is appropriate. Notwithstanding § 19.35(1), Wis. Stats., a law enforcement agency receiving the original form or inventory or a declaration of ownership may disclose it only to another law enforcement agency.
(6)
Exception for customer return or exchange. Nothing in this subsection
applies to the return or exchange, from a customer to a secondhand
article dealer or secondhand jewelry dealer, of any secondhand article
or secondhand jewelry purchased from the secondhand article dealer
or secondhand jewelry dealer.
(7)
Secondhand article dealer mall or flea market.
(a)
The owner of any premises or land upon which two or more persons
operate as secondhand article dealers may obtain a secondhand article
dealer mall or flea market license for the premises or land if the
following conditions are met:
[1]
Each secondhand article dealer occupies a separate sales location
and identifies himself or herself to the public as a separate secondhand
article dealer.
[2]
The secondhand article dealer mall or flea market is operated
under one name and at one address, and is under the control of the
secondhand article dealer mall or flea market license holder.
[3]
Each secondhand article dealer delivers to the secondhand article
dealer mall or flea market license holder, at the close of business
on each day that the secondhand article dealer conducts business,
a record of his or her sales that includes the location at which each
sale was made.
D.
License revocation. A governing body of a county or municipality
may revoke any license issued by it under this section for fraud,
misrepresentation or false statement contained in the application
for a license or for any violation of this section or §§ 943.34,
948.62 or 948.63, Wis. Stats.
E.
Applications and forms. Applications and other forms provided by
the Department of Agriculture, Trade and Consumer Protection from
time to time shall be utilized to comply with the requirements of
this section.
F.
Miscellaneous restrictions.
(1)
Inspection of items. At all times during the terms of the license,
the licensee must allow law enforcement officials to enter the premises
where the licensed business is located, including all off-site storage
facilities, during normal business hours, except in an emergency,
for the purpose of inspecting such premises and inspecting the items,
ware and merchandise and records therein to verify compliance with
this section or other applicable laws.
(2)
Label required. Licensees must attach a label to every item at the
time it is pawned, purchased or received in inventory from any reportable
transaction. Permanently recorded on this label must be the number
or name that identifies the transaction in the shop's records, the
transaction date, the name of the item and the description or the
model and serial number of the item as reported to the Police Department,
whichever is applicable, and the date the item is out of pawn and
secondhand article dealers or can be sold, if applicable. Labels shall
not be reused.
(3)
No person under the age of 18 years may pawn or sell or attempt to pawn or sell goods with any pawnbroker, secondhand article dealer or secondhand jewelry dealer, nor may any pawnbroker, secondhand article dealer or secondhand jewelry dealer receive any goods from a person under the age of 18 years, except as permitted by Subsection C(2)(b).
(4)
No licensee may receive any goods from a person of unsound mind or
an intoxicated person.
(5)
No licensee may receive any item of property that possesses an altered
or obliterated serial number or identification number or any item
of property that has had its serial number removed.
(6)
No person may pawn, pledge, sell, consign, leave, or deposit any
article of property not his/her own; nor shall any person pawn, pledge,
sell, consign, leave, or deposit the property of another, whether
with permission or without; nor shall any person pawn, pledge, sell,
consign, leave, or deposit any article of property in which another
has a security interest; with any licensee.
(7)
No person seeking to pawn, pledge, sell, consign, leave, or deposit
any article of property with any licensee shall give a false or fictitious
name; nor give a false date of birth; nor give a false or out-of-date
address of residence or telephone number; nor present a false or altered
identification, or the identification of another; to any licensee.
(8)
Business at only one place. A license under this chapter authorizes
the licensee to carry on its business only at the permanent place
of business designated in the license. The licensee may as part of
the original application or by submission of an amended application
from time to time request approval of an off-site locked and secured
storage facility. The licensee shall permit inspection of the facility
in accordance with this section. All provisions of this section regarding
recordkeeping and reporting apply to the facility and its contents.
Property shall be stored in compliance with all provisions of the
City Code. The licensee must either own the building in which the
business is conducted, and any approved off-site storage facility,
or have a lease on the business premises that extends for more than
six months.
[Added 1-18-2011 by Ord. No. 1296]
A.
DELIVER
DISTRIBUTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Has the same meaning given in § 961.01(6), Wis.
Stats., with respect to a controlled substance or controlled substance
analog.
Has the same meaning given in Section 961.01(9) Wis. Stats.
with respect to a controlled substance or controlled substance analog.
B.
Prohibited sales, use and possession. It shall be illegal for any
person to possess, sell, publicly display for sale or attempt to sell,
give, deliver, distribute, or barter any one or more of the following
chemicals whether under the common street or trade name of "Spice,"
"K2," "Genie," "Yucatan Fire," "Blaze," "Red X Dawn," "Zohia," "fake,"
or "new" marijuana, or by any other name, label or description:
(1)
(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3(2methyloctan-2-yl) –
6a, 7, 10, 10a – tetrahydrobenzo[c]chromen-1-ol; some trade
or other names: HU-210;
(2)
1-Pentyl-3-(1-naphythoy) indole; some trade or other names: JWH-018/spice;
(3)
1-Butyl-3-(1-naphythoy1) indole; some trade or other names: JWH-073;
(4)
1-(3[trifluoromethylphenyl]) piperazine; some trade or other names:
TFMPP;
(5)
2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl) phenol (CP 47,497);
or
(6)
Any similar structural analogs.
C.
Exception. The prohibitions set forth herein do not apply to any
person who commits an act described in this section pursuant to the
direction or prescription of a licensed physician or dentist authorized
to direct or prescribe such act.
D.
Penalties. Any person violating this section shall be subject to
a forfeiture of not less than $100, nor more than $1,500.
[Added 11-19-2019 by Ord.
No. 1456]
A.
Findings; intent; purpose.
(1)
The purpose of this section is to protect the public health, safety
and welfare of the property and persons in the City by prohibiting
persons under 18 years of age from possessing vapor and nontobacco
smoking products, prohibiting the sale of vapor products to persons
under 18 years of age, and prohibiting the use of vapor products in
buildings owned by the City of St. Francis.
(2)
Persons under age 18 are prohibited by law from purchasing or possessing
cigarettes and other tobacco products, and retailers are prohibited
from selling them to minors. Tobacco-less products, however, commonly
referred to as "electronic cigarettes," "e-cigarettes," "e-cigars,"
"e-cigarillos," "e-pipes," "e-hookahs," or "electronic nicotine delivery
systems," allow the user to simulate cigarette smoking. Absent local
regulation, these products may be purchased by minors and are being
marketed without age restrictions or health warnings and come in different
flavors that appeal to young people.
(3)
E-cigarettes, and similar devices, are a relatively new nicotine
delivery system. While devices vary in their appearance and specific
method of operation, they have several basic elements in common. A
solution of water, dissolved nicotine, and other ingredients (usually
flavoring) is heated with a heating element (usually battery-powered)
and vaporizes the nicotine solution, which passes into a mouthpiece
and is inhaled in a manner similar to more traditional methods of
smoking. Often, glycerol or propylene glycol is added to the solution
to give the appearance of smoke when the solution is vaporized. The
concentration of nicotine contained in the solution can be customized
by the retailer to the buyer's specifications, and many manufacturers
make nicotine-free solutions.
(4)
The production and distribution of e-cigarettes is not currently
regulated by federal or state authorities, and the U.S. Food and Drug
Administration has not completed testing of these products. However,
initial studies by the FDA have determined that e-cigarettes can increase
nicotine addiction among young people and contain chemical ingredients
known to be harmful, which may expose users and the public to potential
health risks.
(5)
The use of e-cigarettes and similar devices has increased significantly
in recent years.
(6)
Existing studies on electronic smoking devices' vapor emissions and
cartridge contents have found a number of dangerous substances including:
(a)
Chemicals known to cause cancer such as formaldehyde, acetaldehyde,
lead, nickel and chromium;
(b)
PM 2.5, acrolein, tin, toluene, and aluminum, which are associated
with a range of negative health effects such as skin, eye, and respiratory
irritation, neurological effects, damage to reproductive systems,
and even premature death from heart attacks and stroke.
(7)
Some cartridges used by electronic smoking devices can be refilled
with liquid nicotine solution, creating the potential for exposure
to dangerous concentrations of nicotine.
(8)
Clinical studies about the safety and efficacy of these products
have not been submitted to the FDA for the over 400 brands of electronic
smoking devices that are on the market and, for this reason, consumers
have no way of knowing whether electronic smoking devices are safe,
what types of potentially harmful chemicals the products contain,
and what dose of nicotine the products deliver.
(9)
Electronic smoking devices often mimic conventional tobacco products
in shape, size, and color, with the user exhaling a smoke-like vapor
similar in appearance to the exhaled smoke from cigarettes and other
conventional tobacco products.
(10)
The use of electronic smoking devices in smoke-free locations
threatens to undermine compliance with smoking regulations and reverses
the progress that has been made in establishing a social norm that
smoking is not permitted in public places and places of employment.
(11)
Nontobacco smoking products, including but not limited to cigarettes
made from industrial hemp, are also significant health hazards due
to their intended use involving the inhalation of combustion products
of plant material which contains numerous known toxins and carcinogens.
(12)
It is the intent of the Common Council, in enacting this section,
to provide for the public health, safety and welfare by facilitating
uniform and consistent enforcement of smoke-free air laws; by reducing
the potential for renormalizing smoking in public places and places
of employment; by reducing the potential for children to associate
the use of electronic smoking devices and nontobacco smoking products
with a normative or healthy lifestyle; and by prohibiting the sale
or distribution of electronic smoking devices and nontobacco smoking
products to minors.
(13)
Therefore, the Common Council finds that prohibiting the sale,
giving, or furnishing of vapor products and nontobacco smoking products
to minors; prohibiting the purchase, possession, or use of vapor products
and nontobacco smoking products by minors; and prohibiting the use
of vapor products and nontobacco smoking products in buildings owned
by the City is in the public's best interest and will promote public
health, safety, and welfare.
B.
MINOR
NONTOBACCO SMOKING PRODUCT
PERSON WHO SELLS VAPOR PRODUCTS AT RETAIL
PUBLIC PLACE
USE OF A VAPOR PRODUCT OR NONTOBACCO SMOKING PRODUCT
VAPOR PRODUCT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An individual who is less than 18 years of age.
Any product not containing tobacco that is designed to be
ignited and the combustion products inhaled, including, but not limited
to, industrial hemp cigarettes and loose industrial hemp packaged
and marketed for smoking.
A person whose ordinary course of business consists, in whole
or in part, of the retail sale of vapor products.
A public street, sidewalk, or park or any area open to the
general public in a publicly owned or operated building or premises,
or in a public place of business or school.
To suck, inhale, ignite, or otherwise consume a vapor product
or nontobacco smoking product.
Any product containing or delivering nicotine, lobelia, or
any other substance that is designed for, or capable of being used
by, a person to simulate smoking in the delivery of nicotine or any
other substance through inhalation of vapor from such product. "Electronic
delivery device" shall also include any component part of such a product,
whether or not sold separately. "Electronic delivery device" shall
not include any product that has been approved or otherwise certified
by the United States Food and Drug Administration for legal sales
for use in tobacco cessation treatment or other medical purposes and
being marketed and sold solely for that approved purpose.
C.
Prohibited conduct, minors and students.
(1)
Consistent with § 254.92, Wis. Stats., no minor shall do
any of the following within the City of St. Francis:
(a)
Purchase or attempt to purchase a vapor product or nontobacco
smoking product;
(b)
Possess or attempt to possess a vapor product or nontobacco
smoking product;
(c)
Use a vapor product or nontobacco smoking product in a public
place; or
(d)
Present or offer to an individual a purported proof of age that
is false, fraudulent, or not actually his or her own proof of age
for the purpose of purchasing, attempting to purchase, possessing,
or attempting to possess a vapor product or nontobacco smoking product.
(2)
No person, regardless of age, enrolled in any grade from kindergarten
through 12th grade, may possess or attempt to possess a tobacco product,
nontobacco smoking product, or vapor product while on school property.
D.
Exceptions.
(1)
Subsection C of this section shall not be construed to apply to a minor participating in any of the following:
(a)
An undercover operation in which the minor purchases or receives
a vapor product or nontobacco smoking product under the direction
of the minor's employer and with the prior approval of the St. Francis
Police Department as part of an employer-sponsored internal enforcement
action.
(b)
An undercover operation in which the minor purchases or receives
a vapor product or nontobacco smoking product under the direction
and supervision of a law enforcement agency.
E.
Furnishing to minors. Consistent with § 134.66, Wis. Stats.:
(1)
No person in the City of St. Francis shall sell, give or furnish
any vapor product or nontobacco smoking product to a minor, including,
but not limited to, through a vending machine. Any person who violates
this subsection is subject to a fine of up to $100 together with the
costs of prosecution for each violation.
(2)
Subsection E(1) does not apply to the handling or transportation of a tobacco product, nontobacco smoking product, or vapor product by a minor under the terms of the minor's employment.
(3)
No person selling, offering for sale, giving, or furnishing a vapor
product or nontobacco smoking product shall transfer a vapor product
or nontobacco smoking product to any person without first verifying
that the intended recipient of such product is at least 18 years of
age by doing one of the following:
(a)
Examining a government-issued photographic identification that
establishes that the individual is at least 18 years of age; or
(b)
For sales made by the internet or other remote sales method,
performing an age verification through an independent, third-party
age verification service that compares information available from
a commercially available database, or aggregate of databases, that
is regularly used by government agencies and businesses for the purpose
of age and identity verification of the personal information entered
by the individual during the ordering process that establishes that
the individual is 18 years of age or older.
(4)
Any person selling, or offering for sale, any vapor product or nontobacco smoking product shall post a sign in areas within his or her premises where such products are sold to consumers stating that the sale of any vapor product or nontobacco smoking product to a person under the age of 18 is prohibited under this § 338-24.
F.
Prohibition concerning city buildings. No person shall use a vapor
product or nontobacco smoking product in any building owned by the
City of St. Francis.
G.
Penalties. Except as otherwise specifically provided, any person
violating this section shall be subject to a forfeiture of not less
than $100 nor more than $500 for each violation together with the
costs of prosecution if the person has not committed a violation within
the preceding 12 months; and not less than $200 nor more than $500
for each violation together with the costs of prosecution if the person
has committed a violation within the preceding 12 months.
Except where another penalty is provided herein, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code. In addition to any penalty imposed for violation of § 943.01(1), Wis. Stats., any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent of any unemancipated minor child who violates § 943.01(1), Wis. Stats., may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.
