City of Shawano, WI Chapter 8 Orderly Conduct

[HISTORY: Adopted by the Common Council of the City of Shawano 4-7-1982 by Ord. No. 872 as Ch. 8 of the 1982 Municipal Code. Amendments noted where applicable.]

GENERAL REFERENCES

Intoxicating liquor and fermented malt beverages — See § 7.01.

Adult-oriented establishments — See § 7.16.

Public nuisances — See Ch. 9.

Consumption of beer in park areas — See § 14.08.

Prohibited activities in parks — See § 14.09.

§ 8.01 Offenses against state laws subject to forfeiture.

[Amended by Ord. No. 909; 9-8-1999 by Ord. No. 1419; 1-8-2003 by Ord. No. 1544; 6-8-2004 by Ord. No. 1600; 8-8-2007 by Ord. No. 1686; 11-11-2009 by Ord. No. 1761; 4-19-2011 by Ord. No. 1778; 11-12-2014 by Ord. No. 1854; 4-6-2015 by Ord. No. 1862; 8-12-2015 by Ord. No. 1876]

The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the municipality, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under § 20.04 of this Code.[1]

W.S.A. s.	Title
450.11	Prescription Drugs and Prescription Devices
939.05	Parties to Offenses
939.22	Words and Phrases Defined
940.19(1)	Battery
940.20	Battery: Special Circumstances
940.34	Duty to Aid Victim or Report Crime
941.01	Negligent Operation of Vehicle
941.10	Negligent Handling of Burning Materials
941.12	Interfering With Fire Fighting
941.13	False Alarms
941.20	Endangering Safety by Use of Dangerous Weapon
941.21	Disarming a Peace Officer
941.23	Carrying Concealed Weapon
941.24	Possession of Switchblade Knife
941.37	Obstructing Emergency or Rescue Personnel
943.01(1)	Damage to Property
943.06	Molotov Cocktails
943.13	Trespass to Land
943.14	Trespass to Dwellings
943.20	Theft
943.21	Fraud on Hotel or Restaurant Keeper or Taxicab Operator
943.34	Receiving Stolen Property
943.50	Retail Theft
944.20	Lewd and Lascivious Behavior
944.21	Obscene Material or Performance
943.215	Absconding Without Paying Rent
944.23	Making Lewd, Obscene or Indecent Drawings
943.24	Issue of Worthless Check
944.30	Prostitution
944.31	Patronizing Prostitutes
944.33	Pandering
944.34	Keeping Place of Prostitution
945.01	Definitions Relating to Gambling
945.02	Gambling
945.03	Commercial Gambling
945.04	Permitting Premises to be Used for Commercial Gambling
946.40	Refusing to Aid Officer
946.41	Resisting or Obstructing Officer
946.42	Escape
946.44	Assisting or Permitting Escape
946.65	Obstructing Justice
946.70	Impersonating Peace Officers
946.72	Tampering with Public Records and Notices
947.01	Disorderly Conduct
947.012	Unlawful Use of Telephones
947.0125	Unlawful Use of Computerized Communication Systems
947.013	Harassment
947.015	Bomb Scares
947.06	Unlawful Assemblies and Their Suppression
951.02	Mistreating Animals
951.15	Abandoning Animals

[1] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

§ 8.02 Offenses endangering public safety.

(1) Burning of grass, trash, rubbish, and bonfires regulated.

[Amended 9-9-2015 by Ord. No. 1873]

(a) Definitions.

BONFIRE

A large controlled fire built in the open air, for warmth, entertainment or celebration, consisting mostly of leaves, wood and brush.

CAMPFIRE

An outdoor fire used for warmth, recreational use or cooking and consisting of dry, clean wood.

COMBUSTIBLE REFUSE

Shall be taken to mean discarded, relatively dry, miscellaneous materials comprising chiefly wood, paper, rags, excelsior, straw, leather, rubber, boxes and similar discarded articles of combustible nature.

PATRON

As used herein, any person, firm or corporation producing any type of waste material covered by this section. In case of a firm or corporation, the word "patron" will be construed to mean the principal agent, officer or employee responsible for said firm or corporation.

(b) Bonfires. It shall be unlawful for any patron or person to light and burn trash, lumber, leaves, straw, or any other combustible refuse outdoors at any time within the City limits. Before any grass is to be burned permission must first be received from the Shawano Fire Department and the fire must be attended at all times and must not be closer than 30 feet to any buildings.

(c) Trash burning restricted. No person shall ignite or set afire any rubbish, wastepaper or refuse in any of the streets or alleys of the City, or at any place within the fire limits of the City, unless such rubbish, wastepaper or refuse is confined within a fireproof receptacle or incinerator, the smoke outlet of which is not lower than the roofs of the surrounding buildings.

(d) Exceptions.

1. This section shall not restrict the use of electric, charcoal, wood or gas portable or permanent cooking grills sized for normal residential use, or campfire pits or portable fire pit appliances, with the following conditions:

a. Fire pits or portable fire pit appliances shall be located at least 15 feet from a lot line.

b. Fire in fire pits or appliances must be no larger than three feet in diameter and extend no more than two feet above the pit or appliance.

c. Smoke from cooking grills, appliances, or fire pits shall not create a nuisance for neighboring property owners. Law enforcement officers or fire department officials have the authority to order fires extinguished if a nuisance is being created.

d. Open fires shall be constantly attended by a competent person until such fire is extinguished. In the case of fire pits or open portable fire pit appliances, the person shall have a garden hose connected to a water supply or other fire extinguishing equipment readily available for use.

e. In the case of multiple-family dwelling premises (three or more), premises used for commercial or industrial purposes, or premises used for commercial or industrial purposes with apartments in the structure:

i No charcoal burners shall be kindled or maintained on balconies or within 10 feet of any structure, exterior window, or exit.

ii Electric grills are permitted for use on balconies above the first floor. Charcoal and propane grills are prohibited on balconies.

(e) The Fire Chief may prohibit:

1. Any or all open fires when atmospheric conditions or local circumstances make such fires hazardous. The Fire Chief may also permit cooking grills or fire pits or appliances which do not comply with the specific requirements set forth upon individual application; provided, however, that adequate safeguards are maintained. The Chief can revoke said permission at any time. A variance granted by the Fire Chief will be for a term not to exceed one year. All variances must be renewed every year.

2. At any civic event held under the supervision of the Fire Department, all burning shall be under the supervision of an adult in attendance. The Fire Department official at the event will determine if conditions are safe for the fire. If conditions are deemed to be unsafe, an alternate date may be chosen by the organizers of the event.

(f) Penalty. Any person found guilty of the violation of any of the provisions of this section shall be fined not less than $100 nor more than $1,000.

(2) Firearms.

(a) Discharge of firearms. It shall be unlawful for any person to discharge a firearm, pellet gun or air rifle within the limits of the City at any time, except for the following:

1. Law enforcement officers acting in their official capacity.

2. Private indoor ranges approved by the Chief of Police.

3. Public ranges approved by the Chief of Police.

4. (Reserved)[1]

[1] Editor's Note: Former § 8.02(2)(a)4 was repealed by Ord. No. 995.

5. Individuals who have received written permission from the Chief of Police, for the purpose of controlling rodents, pigeons or other mammals causing damage to property or otherwise constituting a public nuisance; provided, however, that any person receiving such permission shall not discharge such firearm in an unsafe manner.

(b) Prohibiting the carrying of weapons and firearms in municipal buildings.

[Amended by Ord. No. 943; 9-7-2011 by Ord. No. 1795[2]]

1. Definitions.

FIREARM

A weapon that acts by force of gunpowder.

LAW ENFORCEMENT

Any person employed by the State of Wisconsin, or any political subdivision of this state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce.

WEAPON

A handgun, an electronic weapon as defined at Wis. Stats. § 941.24, or a billy club.

2. In addition to the provisions of Wis. Stats. § 175.60, enumerating places where the carrying of a weapon or a firearm is prohibited, including exceptions thereto, it shall be unlawful for any person other than a law enforcement officer to enter a municipal building while carrying a weapon or a firearm.

3. Signage. Signs meeting the requirements of Wis. Stats. § 943.13(2)(bm)1 shall be posted in prominent places near all entrances of such buildings regarding such restrictions.

[2] Editor's Note: This ordinance provided an effective date of 11-1-2011.

(3) Throwing or shooting of arrows, stones and other missiles prohibited. Except as provided in Subsection (4) below, 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.

(4) Bow hunting and bow fishing regulated.

[Amended by Ord. No. 860; Ord. No. 1029; 3-12-2003 by Ord. No. 1547; 7-12-2006 by Ord. No. 1651; 4-16-2013 by Ord. No. 1821]

(a) A person shall not hunt with a bow and arrow or crossbow within 100 yards from a building located on another person's land. This restriction shall not apply if the person who owns the land on which the building is located allows the hunter to hunt within said 100 yards of the building.

[Amended 1-13-2016 by Ord. No. 1885]

1. No person shall construct permanent tree stands within the Industrial Park.

(b) Pursuant to W.S.A. s. 29.038, the City Council allows controlled bow hunting for purposes of harvesting deer pursuant to the guidelines adopted by the Council. Said controlled bow hunting of deer shall be administered by the City Administrator or the City Administrator's designee.

(c) Subject to restrictions provided herein, bow fishing shall be permitted in the waters of the Shawano Lake Outlet Channel within the jurisdiction of the City. Said bow fishing shall also be subject to the laws and regulations found in W.S.A. s. 29.405, and W.S.A. s. NR 21.06.

(5) Sale and use of fireworks regulated.

[Amended by Ord. No. 910]

(a) Definition. The definition of "fireworks" stated in W.S.A. s. 167.10(1) is hereby adopted by reference.

(b) Sale regulated. Except as provided in W.S.A. s. 167.10(2) and (4), no person shall sell, or possess with the intent to sell, fireworks.

(c) Use regulated. Except as provided in W.S.A. s. 167.10(3), no person shall possess or use fireworks without a user's permit issued pursuant to Subsection (5)(d) below.

(d) User's permit. As provided in W.S.A. s. 167.10(3), fireworks users' permits may be issued by the Mayor, or other City official designated by the Mayor. The official issuing the permit shall require a certificate of liability insurance, or similar proof of coverage, in an amount he or she deems necessary. A copy of the permit and proof of insurance shall be filed with the City Clerk, and copies of the permit shall be given to the Fire Chief and the Chief of Police at least two days before the authorized use. The fireworks user's permit fee shall be as set by Council resolution. In addition, the Fire Department may inspect the site where the fireworks user's permit has been issued for and there shall be a fee as set by Council resolution which shall be paid by the applicant at the time of the permit application for said site inspection.

[Amended 12-8-1999 by Ord. No. 1435]

(e) Use of certain devices regulated. No person may use fireworks or devices listed in W.S.A. s. 167.10(1)(e) to (g) and (i) to (n), including, but not limited to, caps, toy snakes, model rocket engines, sparklers or cone fountains, at a fireworks display for which a permit has been issued if the display is open to the general public.

§ 8.03 Offenses endangering public peace and good order.

(1) Disorderly conduct prohibited. No person shall, within the City:

(a) In any public or private place engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to disturb or annoy any other person or persons.

[Amended 8-7-2002 by Ord. No. 1531]

(b) Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.

(2) Intoxicating liquors.[1]

[Amended by Ord. No. 878]

(a) Definitions.

ALCOHOL BEVERAGES

Fermented malt beverages and intoxicating liquor.

[Added by Ord. No. 877]

FERMENTED MALT BEVERAGES

Any liquor or liquid capable of being used for beverage purposes, made by the alcoholic fermentation of an infusion in potable water of barley, malt and hops, with or without unmalted grains or decorticated and degerminated grains or sugar containing 1/2 of 1% or more of alcohol by volume.

INTOXICATING LIQUORS

All ardent, spirituous, distilled or vinous liquors, liquids or compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 1/2 of 1% or more of alcohol by volume, which are fit for use for beverage purposes.

LEGAL DRINKING AGE

Twenty-one years of age.

[Added by Ord. No. 877; amended 9-8-1999 by Ord. No. 1419]

UNDERAGE PERSON

A person who has not attained the legal drinking age.

[Added by Ord. No. 877]

(b) No person may procure for, sell, dispense or give away any fermented malt beverages to any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, or procure for, sell, dispense or give away any intoxicating liquor to any underage person.

(c) No adult may knowingly permit or fail to take action to prevent the illegal consumption of alcohol beverages by an underage person on premises owned by the person or under the person's control. This paragraph does not apply to alcohol beverages used exclusively as part of a religious service.

(d) No adult may intentionally encourage or contribute to a violation of Subsection (2)(f) or (g).

(e) An underage person, not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age, may not enter or be on any premises for which a license or permit for the retail sale of alcohol beverages has been issued for any purpose except the transaction of business pertaining to the licensed premises with or for the licensee or his or her employee. The business may not be amusement or the purchase, receiving or consumption of edibles or beverages or similar activities of a customer of the premises. This paragraph does not apply to:

1. An underage person who is a resident, employee, lodger or boarder on the premises controlled by the proprietor, licensee or permittee of which the licensed premises consists or is a part.

2. An underage person who enters or is on a "Class A" retail intoxicating liquor premises for the purpose of purchasing edibles or beverages other than alcohol beverages. Any underage person so entering the premises may not remain on the premises after the purchase.

3. Hotels, drugstores, grocery stores, bowling alleys, cars operated by any railroad, regularly established athletic fields, stadiums or public facilities, as defined in W.S.A. s. 125.51(5)(b)1d, which are owned by a county or municipality.

4. Premises in the state fair park, concessions authorized on state-owned premises in the state parks and state forests as defined or designated in W.S.A. Chs. 27 and 28 and parks owned or operated by agricultural societies.

5. Ski chalets, golf clubhouses and private tennis clubs.

6. Premises operated under both a Class "B" or "Class B" license or permit and a restaurant permit where the principal business conducted is that of a restaurant. If the premises is operated under both a Class "B" or "Class B" license or permit and a restaurant permit, the principal business conducted is presumed to be the sale of alcohol beverages, but the presumption may be rebutted by competent evidence.

7. An underage person who enters or remains on a Class "B" or "Class B" premises for the purpose of transacting business at an auction or market if the person does not enter or remain in a room where alcohol beverages are sold or furnished.

[Amended 9-8-1999 by Ord. No. 1419]

8. An underage person who enters or remains in a room on Class "B" or "Class B" licensed premises separate from any room where alcohol beverages are sold or served for the purpose of engaging in marching or drilling with a group of other persons if no alcohol beverages are furnished or consumed by any person in the room where the underage person is present and the underage person's presence is authorized under this subsection. An underage person may enter and remain on Class "B" or "Class B" premises under this subsection only if the municipality which issued the Class "B" or "Class B" license adopts an ordinance permitting underage persons to enter and remain on the premises as provided in this subsection and the law enforcement agency responsible for enforcing the ordinance issues to the Class "B" or "Class B" licensee a written authorization permitting underage persons to be present under this subsection on the date specified in the authorization. Before issuing the authorization, the law enforcement agency shall make a determination that the presence of underage persons on the licensed premises will not endanger the health, welfare or safety of the underage persons or other members of the community. The licensee shall obtain a separate authorization for each date on which underage persons will be present on the premises.

(f) Any underage person who does any of the following is guilty of a violation:

1. Procures or attempts to procure alcohol beverages.

2. Knowingly possesses or consumes intoxicating liquor.

3. Enters or is on licensed premises in violation of Subsection (2)(e) above.

4. Falsely represents his or her age for the purpose of receiving alcohol beverages from a licensee or permittee.

(g) Any underage person not accompanied by his or her parent, guardian or spouse who has attained the legal drinking age who knowingly possesses or consumes fermented malt beverages is guilty of a violation.

(h) Any underage person who does any of the following is subject to the penalties specified under Subsection (2)(m)1 or 2 below:

1. Intentionally carries an official identification card not legally issued to him or her, an official identification card obtained under false pretenses or an official identification card which has been altered or duplicated to convey false information. A law enforcement officer shall confiscate any card that violates this subsection.

2. Makes, alters or duplicates an official identification card.

3. Presents false information to an issuing officer in applying for an official identification card.

(i) Except as provided in § 14.08 of this Code, no person shall consume any alcohol beverages on public property or unlicensed property open to the public.

(j) Definitions. The terms used in this paragraph shall be defined as follows:

MOTOR VEHICLE

A motor vehicle owned, rented or consigned to a school.

SCHOOL

A public, parochial or private school which provides an educational program for one or more grades between grades one and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.

SCHOOL ADMINISTRATOR

The person designated by the governing body of a school as ultimately responsible for the ordinary operations of a school.

SCHOOL PREMISES

Premises owned, rented or under the control of a school.

(k) Except as provided in Subsection (2)(l) below, no person may possess or consume alcohol beverages:

1. On school premises.

2. In a motor vehicle if a pupil attending the school is in the motor vehicle.

3. While participating in a school-sponsored activity.

(l) Alcohol beverages may be possessed or consumed on school premises, in motor vehicles or by participants in school-sponsored activities if specifically permitted in writing by the school administrator consistent with applicable laws and ordinances.

(m) Penalties.[2]

1. Any person violating Subsection (2)(f) or (g) above is subject to the following penalties:

[Amended 10-9-2002 by Ord. No. 1534]

a. For a first violation, a forfeiture of not less than $100 nor more than $200, a suspension of the person's operating privilege as provided under W.S.A. s. 343.30(6)(b)1, participation in a supervised work program under W.S.A. s. 125.07(4)(cg), or any combination of these penalties.

b. For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under W.S.A. s. 343.30(6)(b)2, participation in a supervised work program under W.S.A. s. 125.07(4)(cg), or any combination of these penalties.

c. For a violation committed within 12 months of two or more previous violations, either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under W.S.A. s. 343.30(6)(b)3, participation in a supervised work program under W.S.A. s. 125.07(4)(cg), or any combination of these penalties.

2. A person who is under 18 years of age on the date of disposition is subject to W.S.A. s. 938.344, unless proceedings have been instituted against the person in a court of civil or criminal jurisdiction after dismissal of the citation under W.S.A. s. 938.344(3).

[Amended 9-8-1999 by Ord. No. 1419]

3. Any person violating Subsection (2)(k) above is subject to a forfeiture of not more than $200, except that underage persons are subject to the penalty as provided in W.S.A. s. 938.344(2).

[Amended 9-8-1999 by Ord. No. 1419]

4. Any person violating Subsection (2)(b), (c), (d), (e), (h), (i) or (j) of this subsection is subject to the penalties as provided in § 8.09 of this chapter.

[2] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

[1] Editor's Note: See also § 7.01, Intoxicating liquor and fermented malt beverages, and § 14.08, Consumption of beer regulated.

(3) Disorderly conduct with motor vehicle.[3]

(a) No person shall, on public or private property located within the City, by or through the use of a motor vehicle, motorcycle, snowmobile, all-terrain vehicle, utility terrain vehicle, or minibike, under circumstances which tend to cause or provoke a disturbance or annoy one or more persons, engage in violent, abusive, unreasonably loud or otherwise disorderly conduct, including but not limited to the unnecessary, deliberate or intentional spinning of wheels, squealing of tires, revving of the engine, blowing the horn, causing the engine to backfire or causing the vehicle while commencing to move or in motion to raise one or more of its wheels off the ground.

[Amended 4-14-2021 by Ord. No. 1991]

(b) Any person who shall violate this subsection shall, upon conviction, be subject to a forfeiture of not less than $25 nor more than $200 for each offense.[4]

[4] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

[3] Editor's Note: See also § 4.11, Display of power prohibited.

(3.1) Disturbance of the peace with a motor vehicle. No person shall use motor vehicle brakes within the City which are in any way activated or operated by the compression of the engine of such motor vehicle or any unit or part thereof. The brakes intended to be prohibited by this subsection are commonly referred to as "compression brakes." It shall be an affirmative defense to prosecution under this section that said compression brakes were applied in an emergency and were necessary for the protection of persons and/or property.

[Added 9-12-2001 by Ord. No. 1497a]

(3.2) Trespass to a motor vehicle. No person shall enter any motor vehicle of another without permission of the owner. It is a specific defense to a charge under this section that the defendant had permission of the owner's agent for the entry that the entry was for a brief period of time to secure the vehicle from harm, or was directed or authorized by a public official.

[Added 10-12-2016 by Ord. No. 1905]

(4) Loud and unnecessary noise prohibited. No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley or park or any private residence.

(5) Unauthorized presence and disorderly conduct on school property prohibited.

(a) It shall be unlawful for any student who is under suspension, expulsion or other discipline excluding him or her from attending any school located within the City or for any person not a student presently enrolled to attend such schools or not an employee of such schools or not a parent or guardian of a student so enrolled, or not an otherwise authorized person, to be present within any school building or upon any school grounds under the jurisdiction of such schools without having first secured authorization to be there from the principal or other person in charge of the school building or school grounds, except while in direct route to secure such authorization;

(b) "Authorized person" shall include:

1. Any person who is present at any school building or school grounds for any purpose previously authorized by the school or their designee.

2. Any person transporting a student and who utilizes the driveway specified for loading and unloading personnel.

3. Any person utilizing a designated area for attending an athletic or other organized school event.

(c) No person shall, in or on any school property or building located within the City, engage in violent, abusive, indecent, profane, boisterous, unreasonable, loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to disturb or annoy any other person; nor shall such person intentionally engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.

(d) Nonstudents, students from schools other than the school on the property or students from a school who are not in compliance with the published rules and regulations of the particular school shall be considered in violation of this subsection, said published rules and regulations of the particular school being incorporated herein as if fully set forth herein.

(e) All entrances to the school buildings referred to in Subsection (5)(a) above shall be posted with a notice stating "Entry Into School Building by Unauthorized Persons Prohibited."

(f) "Unauthorized presence" shall include any vehicle that is found on school property which has not received permission to be there or whose occupants or owners are not on school property for some legitimate business or activity or which vehicle is parked in an area that regulates parking to certain authorized vehicles. Such vehicle may be issued a City summons that regulates parking or may be towed away at the direction of the school principal or person in charge of such school building. The Police Department may also have any vehicle towed away which, because of its location, creates a hazard to life or property.

(g) No person shall use any tobacco products or material that can be smoked within any school building or upon any school grounds or property owned by the Shawano-Gresham School District, or in any vehicle used for school purposes.

[Added by Ord. No. 992]

(h) No student or person shall be allowed to remain or loiter upon any portion of the school grounds or building, except in those specifically designated by assignment, with prior approval of the school principal or other faculty members. Loitering shall have the meaning as set forth in § 8.04(1) of this Code.

[Added 11-11-1998 by Ord. No. 1381]

(i) Any person who shall violate any of the provisions of this subsection shall, upon conviction, be subject to a forfeiture of not less than $25 nor more than $500 for each offense.[5]

[Amended by Ord. No. 993; 11-11-1998 by Ord. No. 1381]

[5] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

(6) Unauthorized presence on fairgrounds property prohibited.

(a) It shall be unlawful for any person to be on the fairground property or inside the buildings located on the fairground property at any time other than when the fairground property is open to the public.

(b) "Unauthorized presence" shall include a vehicle which is found on fairground property which has not received permission to be there or those occupants or owners who are not on the premises for some legitimate business or activity.

(c) No person shall mar, injure, destroy or deface, or aid in injuring, destroying or defacing, any property which is located on the fairground property.

(d) This section shall not be applicable to:

1. Members of the Fair Board or guests who are on the premises for the purpose of conducting business or maintenance purposes.

2. Members of the public who are on the premises for conducting of or participating in activities which are open to the public.

3. Any person who is on the fairground property or inside of buildings located on the fairground property who has previously obtained permission from the Fair Board.

(e) All main entrances to the fairground property shall be posted with a notice stating "Entry into fairground by unauthorized persons prohibited."

(f) Any person who shall violate this section shall, upon conviction, be subject to a forfeiture of not less than $25 nor more than $200 for each offense.[6]

[6] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

(7) Marijuana, possession and use.

(a) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

MARIJUANA

All parts of the plant cannabis sativa L., whether growing or not, the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.

(b) It shall be unlawful for any person to possess, deliver, sell or use marijuana or a marijuana derivative. This subsection shall include, but not be limited to, those persons who possess, deliver, sell or use marijuana or a marijuana derivative in any amount and include those persons who are charged under this subsection for a first offense.

(c) Any person who shall violate any provision of this subsection shall, upon conviction, be subject to a forfeiture of not less than $250 nor more than $500 for the first offense. Any person convicted of a second or subsequent offense under this subsection may be fined an amount up to twice that otherwise authorized.[7]

[Amended 10-9-2002 by Ord. No. 1533]

[7] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

(d) This subsection shall not apply to a person who has obtained or possesses marijuana directly from or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice. However, the burden of proof to prove such exception shall be on the person claiming it.

(7.1) Synthetic cannabinoid prohibited.

[Added 11-10-2010 by Ord. No. 1770]

(a) Findings.

1. The City Council of the City of Shawano has determined that herbal preparations powdered or sprayed with a chemical synthetic cannabinoid may be available for sale within the City of Shawano that claim to produce intoxicating effects similar to THC or marijuana; and

2. While the substances are not yet categorized as illegal controlled substances under Wisconsin or federal law, several other countries, states, and municipalities have already taken action to prohibit these substances due to increased overdoses and other negative health concerns; and

3. While these synthetic cannabinoid substances are often marketed as benign and legal alternatives to marijuana, they are potentially dangerous to users as the substances can create potency from three up to 100 times greater than marijuana, produce severe adverse health conditions such as hallucinations, paranoia, seizures, and vomiting based on reported emergency room experiences in areas of the country where use is more prevalent, and further that long-term health effects of use of these substances are not yet known.

4. It has been determined that the effects of these substances are a health, safety, and welfare concern to the citizens of the City of Shawano.

(b) Possession, use and sale are illegal. It shall be illegal for any person to use, possess, purchase, attempt to purchase, sell, publicly display for sale or attempt to sell, give, or barter any one or more of the following chemicals, whether under the common street or trade names of "Spice," "K2," "Genie," "Yucatan Fire," "fake" or "new" marijuana, or by any other name, label, or description:

1. Salvia divinorum or salvinorum A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof; any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;

2. (6aR,10aR)-9-(hydroxymethyl)-6,6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-01 - some trade or other names: HU-210;

3. 1-Pentyl-3-(1-naphthoyl) indole - some trade or other names: JWH-018\spice;

4. 1-Butyl-3-(1 naphthoyl) indole - some trade or other names: JWH-073;

5. 1-(3 {trifluoromethylphenyl}) piperazine-some trade or other names: TFMPP; or

6. Any similar structural analogs.

(c) Medical or dental use allowed. Acts otherwise prohibited under Subsection (7.1)(b). shall not be unlawful if done by or under the direction or prescription of a licensed physician, dentist, or other medical health professional authorized to direct or prescribe such acts, provided that such use is permitted under state and federal laws.

(d) Penalties. Any person violating this subsection shall be subject to a forfeiture as set forth in § 20.04 of this Code.

(8) Interference with radio and television reception. No person shall operate, or cause to be operated, any machine, device, apparatus or instrument of any kind whatsoever within the City which shall cause reasonably preventable electrical interference with radio or television reception within said municipal limits. However, X ray pictures, examination or electrical treatments under direct instructions of any duly registered physician, chiropractor or dentist may be made at any time if the machine or apparatus used therefor is properly equipped to avoid all unnecessary or reasonably preventable interference and is not negligently operated.

(9) Car race provisions.

[Added by Ord. No. 1068A]

(a) Time limit. No person, corporation, partnership or association shall sponsor, manage, authorize, conduct, operate or engage in any car racing, speed contest or endurance racing after the time set by Council resolution.

[Amended 7-9-2003 by Ord. No. 1560]

(b) Mufflers required. All motor vehicles which are used in any car racing, speed contest or endurance racing shall be equipped with a muffler comparable to the specifications of the muffler commonly known as "super trapp automotive series" with eight to 18 discs to be used as needed to properly muffler motor exhaust. Other brand mufflers with similar specifications may be used if permitted by Shawano Track Officials. Mufflers are to be replaced when unable to function at factory specifications.

(c) Exhaust pipe requirements. All motor vehicles used in any car racing, speed contest or endurance racing shall be equipped with exhaust pipes which are placed in downward position. If any said motor vehicle is used in any type of the aforementioned events at any race track, then the exhaust pipes shall be positioned so as to be pointed toward the inside of said track, to be enforceable by January 1, 1991.

(d) Penalty. Any person, corporation, partnership or association who shall violate this subsection shall, upon conviction, be subject to a forfeiture of not less than $100 nor more than $500 for the first offense and not less than $200 nor more than $1,000 for any subsequent offense.[8]

[8] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

(10) Regulation of smoking in City-owned buildings.

[Added by Ord. No. 1106; amended 7-7-1999 by Ord. No. 1410]

(a) No person may smoke or use any tobacco products in any City-owned buildings. "Smoking" means carrying a lighted cigar, cigarette, pipe or other lighted smoking equipment. This prohibition shall not apply to City-owned residential units.

(b) Any person violating the provisions of this section shall be subject to a penalty of not less than $10 nor more than $25 for each offense.[9]

[9] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

(11) Purchase or possession of cigarettes, tobacco or vaping products by person under age 18 prohibited.

[Added by Ord. No. 1169; amended 9-8-1999 by Ord. No. 1419; 6-20-2008 by Ord. No. 1709; 6-12-2019 by Ord. No. 1971]

(a) Definitions. The terms used in this paragraph shall be defined as follows:

CIGARETTE

Any roll of tobacco wrapped in paper or any substance other than tobacco. This definition appears in W.S.A. § 139.30(1), and any amendments thereto.

MINOR

A person who is less than 18 years of age.

POSSESSION OF A TOBACCO PRODUCT

Either actual physical control of the tobacco product without necessarily owning that product, or the right to control the tobacco product even though it is in a different room or place than where the person is physically located.

PUBLIC PLACE

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.

TOBACCO PRODUCT

Includes cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed or other smoking tobacco; snuff; snuff flower; Cavendish; plug and twist tobacco; fine cut or other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco or other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing or smoking; but "tobacco products" does not include cigarettes, as defined under Subsection (11)(a) above. This definition appears in W.S.A. § 139.75(12), and any amendments thereto. There are new tobacco-less products commonly referred to as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarillos," "e-pipes," "e-hookahs," "electronic nicotine delivery systems," and "cartridges and vapor products" which allow the user to simulate cigarette smoking. 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.

USE A TOBACCO PRODUCT OR VAPOR PRODUCT

To smoke, chew, suck, inhale, or otherwise consume a tobacco product or vapor product.

VAPOR PRODUCT

Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device shall 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 is being marketed and sold solely for that approved purpose.

(b) Prohibited conduct.

1. Consistent with Wis. Stats. § 254.92, a minor shall not do any of the following:

a. Purchase or attempt to purchase a tobacco product or vapor product.

b. Possess or attempt to possess a tobacco product or vapor product.

c. Use a tobacco product or vapor product in a public place.

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 tobacco product or vapor product.

2. No individual, regardless of age, who is enrolled in secondary school may possess or attempt to possess a tobacco product or vapor product while on school property.

3. An individual who violates Subsection (11)(b)1 shall be subject to the penalties listed in the juvenile bond schedule.

4. An individual who violates Subsection (11)(b)2 shall be subject to the penalties as provided in W.S.A. § 254.92.

5. Subsection (11)(b)1 does not apply to a minor participating in any of the following:

a. An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the minor's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.

b. An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the state police or a local police agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of the tobacco product or vapor product by the minor was not under the direction of the state police or the local police agency and was not part of the undercover operation.

c. Compliance checks in which the minor attempts to purchase tobacco products for the purpose of satisfying federal substance abuse block grant youth tobacco access requirements, if the compliance checks are conducted with the prior approval of the state police or a local police agency.

6. Subsection (11)(b)1 does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of that minor's employment.

7. This section does not prohibit an individual from being charged with, convicted of or found responsible for, or sentenced for any other violation of law that arises out of the violation of Subsection (11)(b)1.

(c) Exception for employment. A child may purchase or possess cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under W.S.A. § 134.65(1).

(d) A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes or tobacco products in the course of his or her participation in an investigation under W.S.A. § 254.916 that is conducted in accordance with W.S.A. § 254.916(3).

(e) Penalties. Any person violating the provisions of this subsection shall be subject to the penalties as provided in W.S.A. § 254.92.

(12) Installation and operation of emergency alarm systems and prohibition of false alarms.

[Added by Ord. No. 1305]

(a) Definitions. The following terms shall have the meanings indicated:

ALARM SYSTEM

Any device designed for the detection of an unauthorized entry of a structure or enclosure, unlawful acts, fire or other emergency which, when activated, produces a signal, visual or audible or both, which signal is caused to be transmitted to the general area surrounding the premises so as to give notice to the general public and/or which signal is caused to be transmitted to the Police Department or Fire Department by way of an alarm operator or receiver located in the Police or Fire Department building.

ALARM SYSTEM OPERATOR

Any person or business who sells, leases or operates a receiving station for one or more alarm systems.[10]

FALSE ALARM

Any of the following:

1. The unintentional activation of an alarm system by the owner or the lessee of an alarm system or of an employee or agent of either.

2. The activation of an alarm system by mechanical failure or malfunction caused by improper maintenance of the alarm system.

3. The activation of an alarm system caused by improper installation and/or use of the equipment.

4. The intentional activation of an alarm system where no unauthorized entry, commission of unlawful act or fire exists.

5. The above subparagraphs do not include false alarms caused by abnormal weather conditions, acts of God or prior arrangements made for testing of the alarm system.

[10] Editor's Note: The former definition of "authorized alarm system," which immediately followed, was repealed 4-11-2001 by Ord. No. 1491.

(b) Installation and operation.

1. Receivers. No receiver to be used for the reception of signals from alarm systems shall be installed in the City Police or Fire Department building, unless and until the following conditions have been met:

a. The Chief of the appropriate department has approved the installation of the receiver.

b. The alarm system operator who seeks to place the receiver has on file with the City a written waiver of liability and hold harmless agreement on the form prescribed by the attorney for the City.

2. Connection. No alarm system shall be connected to a receiver located in the City Police or Fire Department building, unless and until a connection fee of $10 is paid to the City.

(c) Existing authorized systems. No connection fee shall be collected from any alarm system operator for any alarm system already connected to a receiver located in the City Police or Fire Department Building.

(d) Response of City to alarm. The installation and/or operation of an alarm system shall not give rise to any cause of action or claim or attach any liability to the City for any reason whatsoever, and the City shall be under no duty or obligation to any person having an alarm system for whatever reason, including but not limited to any defects in an alarm system, any delays in response or delays in transmissions.

(e) Prohibitions. No person owning, using or possessing an alarm system or transmitting information regarding an alarm system shall cause or permit the giving of a false alarm, whether intentional, accidental or otherwise.

(f) Penalties.[11] Penalties for violation of this section shall be as follows:

1. For the first and second false alarm within a calendar year resulting in the dispatching of City police or fire personnel, the alarm system operator shall receive a written warning.

2. For the third and fourth false alarms within a calendar year resulting in the dispatching of City police or fire personnel, the alarm system operator shall pay a forfeiture of $50, plus court costs, fees and assessments.

3. For the fifth and subsequent false alarms within a calendar year resulting in the dispatching of the City police or fire personnel, the alarm system operator shall pay a forfeiture of $1,800, plus court costs, fees and assessments.

[Amended 1-10-2007 by Ord. No. 1667]

4. The Chief of Police or Fire Chief, at their discretion, may order disconnection of any alarm system which accumulates six or more false alarms within a calendar year.

5. No false alarms of authorized alarm systems shall be counted for purposes of this section during the first 60 days following connection.

[11] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

(12.1) Abuse of 911 system.

[Added 10-9-2013 by Ord. No. 1830]

(a) Findings. The Common Council of the City of Shawano hereby determines that the 911 telephone system is a critical component in the emergency response system and abuses of this system waste 911 dispatchers' valuable time and potentially delays the response of emergency personnel to true emergencies.

(b) Prohibition. Any person who, after being warned his/her use of the 911 telephone system is improper, uses the 911 telephone system for any reason other than because of an emergency is guilty of an infraction.

(c) Definition. For purposes of this section "emergency" means any condition in which a reasonable person would believe emergency services will result in the saving of a life, a reduction in the destruction of property, quicker apprehension of a criminal, assistance with potentially life-threatening medical problems, a fire, a need for rescue, an imminent potential crime, or a similar situation in which immediate assistance is required. "Emergency" also includes calls to 911 the purpose of which is to prevent an emergency response from being initiated when no such response is needed.

(d) Penalties. Any person who shall violate the provisions of this section shall be subject to a penalty of a forfeiture of not less than $100 nor more than $1,000, provided, however, that for the first and second false alarm within a year, the caller/operator shall receive a written warning.

(13) Restrictions on sale or gift of cigarettes or tobacco products.

[Added 9-2-1998 by Ord. No. 1372]

(a) Definitions. In this section:

CIGARETTE

The meaning given in W.S.A. s. 139.30(1).

DISTRIBUTOR

Any of the following:

1. A person specified under W.S.A. s. 139.30(3).

2. A person specified under W.S.A. s. 139.75(4).

IDENTIFICATION CARD

Any of the following:

1. A license containing a photograph issued under W.S.A. Ch. 343.

2. An identification card issued under W.S.A. s. 343.50.

3. An identification card issued under W.S.A. s. 125.08, 1987 stats.[12]

JOBBER

The meaning given in W.S.A. s. 139.30(6).

MANUFACTURER

Any of the following:

1. A person specified under W.S.A. s. 139.30(7).

2. A person specified under W.S.A. s. 139.75(5).

RETAILER

Any person licensed under W.S.A. s. 134.65(1).

SCHOOL

The meaning given in W.S.A. s. 118.257(1)(d).

STAMP

The meaning given in W.S.A. s. 139.30(13).

SUBJOBBER

The meaning given in W.S.A. s. 139.75(11).

TOBACCO PRODUCTS

The meaning given in W.S.A. s. 139.75(12).

VENDING MACHINE

The meaning given in W.S.A. s. 139.30(14).

VENDING MACHINE OPERATOR

The meaning given in W.S.A. s. 139.30(15).

[12] Editor's Note: W.S.A. s. 125.08 was repealed by 1989 Act 31.

(b) Restrictions.

1. No retailer, manufacturer or distributor may sell or give cigarettes or tobacco products to any person under the age of 18, except as provided in W.S.A. s. 938.983(3). A vending machine operator is not liable under this paragraph for the purchase of cigarettes or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.

2. Posting of signs.

a. A retailer shall post a sign in areas within his or her premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under this section and W.S.A. s. 938.983.

b. A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette or tobacco product by a person under the age of 18 is unlawful under W.S.A. s. 938.983 and that the purchaser is subject to a forfeiture of not to exceed $25.

3. Vending machine operators.

a. Except as provided in Subsection (13)(b)4, no retailer may keep a vending machine in any public place that is open to persons under the age of 18 unless all of the following apply:

i The vending machine is in a place where it is ordinarily in the immediate vicinity, plain view and control of an employee.

ii The vending machine is in a place where it is inaccessible to the public when the premises is closed.

b. The person who ultimately controls, governs or directs the activities within the premises where the vending machine is located shall ensure that an employee of the retailer remains in the immediate vicinity, plain view and control of the vending machine whenever the premises is open.

c. Except as provided in Subsection (13)(b)3d, a vending machine operator shall remove all of his or her vending machines that are located in any place prohibited by this paragraph by June 1, 1992.

d. Notwithstanding Subsection (13)(b)3c, if a written agreement binding on a vending machine operator governs his or her vending machine that is located in any place prohibited by this paragraph, the vending machine operator shall remove the vending machine on the date that the written agreement expires or would be extended or renewed or on May 1, 1993, whichever occurs first.

4. Vending machines in proximity of schools.

a. Notwithstanding Subsection (13)(b)3, no retailer may place a vending machine within 500 feet of a school.

b. Except as provided in Subsection (13)(b)4c, a vending machine operator shall remove all of his or her vending machines which are located within 500 feet of a school by September 1, 1989.

c. Notwithstanding Subsection (13)(b)4b, if a written agreement binding on a vending machine operator governs the location of his or her vending machine which is located within 500 feet of a school, the vending machine operator shall remove the vending machine on the date that the written agreement expires or would be extended or renewed or on May 1, 1993, whichever occurs first.

5. No manufacturer, distributor, jobber, subjobber or retailer, or their employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.

6. No retailer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under W.S.A. s. 139.32(1).

(c) Defense of retailer, manufacturer and distributor. Proof of all of the following facts by a retailer, manufacturer or distributor who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of Subsection (13)(b)1:

1. That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card.

2. That the appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18.

3. That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser and in the belief that the purchaser had attained the age of 18.

(d) Penalties.[13]

1. In this paragraph, "violation" means a violation of Subsection (13)(b)1, 3, 4, 5 or 6.

2. A person who commits a violation is subject to a forfeiture of:

a. Not more than $500 if the person has not committed a previous violation within 12 months of the violation; or

b. Not less than $200 nor more than $500 if the person has committed a previous violation within 12 months of the violation.

3. A court shall suspend any license or permit issued under W.S.A. s. 134.65, 139.34 or 139.79 to a person for:

a. Not more than three days, if the court finds that the person committed a violation within 12 months after committing one previous violation;

b. Not less than three days nor more than 10 days, if the court finds that the person committed a violation within 12 months after committing two other violations; or

c. Not less than 15 days nor more than 30 days, if the court finds that the person committed the violation within 12 months after committing three or more violations.

4. The court shall promptly mail notice of a suspension under Subsection (13)(d)3 to the Department of Revenue and to the Clerk of each municipality which has issued a license or permit to the person.

5. Whoever violates Subsection (13)(b)2 shall forfeit not more than $25.

[13] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

(14) Defecating or urinating in public places. It shall be unlawful for any person to defecate or urinate outside of designed sanitary facilities, upon any sidewalk, street, alley, public parking lot, park, playground, cemetery or other public area within the City, or upon any private property in open view of the public, or in the halls, stairways or elevators of public or commercial buildings, or to indecently expose his/her person.

[Added 1-7-2009 by Ord. No. 1737]

(15) Sexual offender residency restrictions.

[Added 9-8-2010 by Ord. No. 1768]

(a) Findings and intent.

1. Repeat sexual offenders, sexual offenders who use physical violence, and sexual offenders who prey on children are sexual predators who present an extreme 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 than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.

2. It is the intent of this subsection not to impose a criminal penalty, but rather to serve the City's 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 numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence.

(b) Definitions. The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning:

CHILD

A person under the age of 16 for the purposes of this subsection.

DESIGNATED OFFENDER/SEX OFFENDER

Any person who is required to register under § 301.45, Wis. Stats., for any sexual offense or any person who is required to register under § 301.45, Wis. Stats., and who has been designated a special bulletin notification (SBN) sex offender pursuant to § 301.46(2) and (2m), Wis. Stats.

[Amended 3-9-2016 by Ord. No. 1888]

MINOR

A person under the age of 18.

PERMANENT RESIDENCE

A place where the person abides, lodges or resides for 14 or more consecutive days.

SAFETY ZONE

Any real property that supports or upon which there exists any facility used for or that supports a school for children, licensed day-care center, library, park, recreational trail, playground, place of worship, or any other place designated by the City as a place where children are known to congregate.

TEMPORARY RESIDENCE

A place where the person 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 person routinely abides, lodges, or resides for a period of four or more consecutive or nonconsecutive days in any month and which is not the person's permanent residence.

(c) Sexual offender and sexual predator residence prohibition; penalties; exceptions.

1. Prohibited location of residence. It is unlawful for any designated offender to establish permanent residence or temporary residence within 1,500 feet of any school, licensed day-care center, park, trail, playground, place of worship, or any other place designated by the City as a place where children are known to congregate.

2. Prohibited activity. It is unlawful for any designated offender to participate in a holiday event involving children under 18 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the offender is the parent or guardian of the children involved, and no nonfamilial children are present, are exempt from this subsection.

3. Measurement of distance.

a. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of a school, licensed day-care center, park, trail, playground, place of worship, or any other place designated by the City where children are known to congregate.

b. The Department of Public Works shall maintain an official map showing prohibited locations as defined by this subsection. The Department of Public Works shall update the map at least annually to reflect any changes in the location of prohibited zones. These shall be designated on the map as child safety zones.

4. Penalties. A person who violates this subsection shall be punished by a forfeiture not exceeding $500. Each day a person maintains a residence in violation of this subsection constitutes a separate violation. The City may also seek equitable relief.

5. Exceptions. A designated offender residing within a prohibited area as described in Subsection (15)(c)1 does not commit a violation of this subsection if any of the following apply:

a. The person established the permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats. before the effective date of this subsection.

b. The person is a minor and is not required to register under § 301.45 or § 301.46, Wis. Stats.

c. The school, licensed day-care center, library, park, trail, playground, place of worship, or any other place designated by the City as a place where children are known to congregate within 1,500 feet of the person's permanent or temporary residence was opened after the person established the permanent or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats.

d. The person was placed by a circuit court judge or other member of the judicial system in the county jail, work release center or other similar facility.

[Added 3-9-2011 by Ord. No. 1776]

e. The person has been placed in a temporary living center/residence or temporary living placement facility by the Department of Corrections under electronic monitoring, there is an owner or designated agent residing at the temporary living center/residence or temporary living placement facility and the offender meets with and must be approved by the City of Shawano Sexual Predator Ordinance Committee for placement.

[Added 3-9-2011 by Ord. No. 1776; amended 9-9-2015 by Ord. No. 1881]

f. (Reserved)[14]

[14] Editor's Note: Former Subsection (15)(c)5f, regarding placement by the Department of Corrections, added 4-11-2012 by Ord. No. 1808, as amended, was repealed 8-12-2015 by Ord. No. 1872.

(d) Safety zones.

1. A sex offender shall not enter upon or be present upon or within a safety zone.

2. Safety zone exceptions. A sex offender who enters upon or who is present upon or within a safety zone does not commit a violation of this subsection if any of the following apply:

a. The property also supports a church, synagogue, mosque, temple or other house of religious worship, subject to all of the following conditions:

i The sex offender's entrance and presence upon the property occurs only during hours of worship or other religious program/service as posted to the public; and

ii The sex offender shall not participate in any religious education programs that include individuals under the age of 18.

b. The property also supports a use lawfully attended by a sex offender's natural or adopted child(ren), which child's use reasonably requires the attendance of the sex offender as the child's parent upon the property, subject to the following condition:

i The sex 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 polling location in a local, state, or federal election, subject to all of the following conditions:

i The sex offender is eligible to vote;

ii The property is the designated polling place for the sex offender; and

iii The sex offender enters the polling place property, proceeds to cast a ballot with whatever usual and customary assistance is to any member of the electorate, and vacates the property immediately after voting.

d. The property also supports a school lawfully attended by a sex offender as a student which circumstances the sex offender may enter upon the property supporting the school at which the sex offender is enrolled, for such purposes and at such times are reasonably required for the educational purposes of the school.

e. The property also supports a court, government office or room for public government meetings, subject to all of the following conditions:

i The sex offender is on the property to transact business at the government office or place of business, other than a public library, or attend an official meeting of a governmental body; and

ii The sex offender leaves the property immediately upon the completion of the business or meeting.

(e) Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties.

1. It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a temporary or permanent residence by a person prohibited from establishing such permanent or temporary residence pursuant to this subsection, if such place, structure, part thereof, trailer or conveyance is located within a prohibited location zone described in Subsection (15)(c)1.

2. A property owner's failure to comply with the provisions of this subsection shall constitute a violation of this subsection, and shall subject the property owner to the penalties contained in Subsection (15)(c)4 of this subsection.

(f) Property owners and sales agents prohibited from selling real property to certain sexual offenders and sexual predators; penalties.

1. It is unlawful for any owner, real estate broker, or real estate sales person to participate in the sale of any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a temporary or permanent residence by a person prohibited from establishing such permanent or temporary residence pursuant to this subsection, if such place, structure, part thereof, trailer or conveyance is located within a prohibited location zone as described in Subsection (15)(c)1.

2. Failure to comply with the provisions of this subsection shall constitute a violation of this subsection, and shall subject the person violating this subsection to the code enforcement provisions procedures as provided in this subsection.

(g) Appeal. The above requirements may be waived with the approval of the Council upon appeal by the affected party. Such appeal shall be made to the Sexual Offenders Appeals Board which shall receive reports from the Police Department on such appeal. Said Board shall have authority to make the decision on the applicant's appeal, with said decision to be final. The Chair of said Board shall report to the Council on the action taken by the Board, but said report shall be for informational purposes only.

[Amended 1-13-2016 by Ord. No. 1887]

(h) Revocation of waiver. In the event that a sex offender is successful in his or her appeal under Subsection (15)(d)2g of this subsection and subsequently commits another offense of a sexual and/or violent nature, the Sexual Offenders Appeals Board retains the authority to revoke its decision to waive the requirements of this subsection. The Board's decision on this matter will be final, and said decision will be reported to the Council for informational purposes only.

[Amended 3-9-2011 by Ord. No. 1777; 1-13-2016 by Ord. No. 1887]

(i) Severability. The provisions of this subsection shall be deemed severable, and it is expressly declared that the Common Council would have passed the other provisions of this subsection irrespective of whether or not one or more provisions may be declared invalid. If any provisions of this subsection or the application to any person or circumstance is held invalid, the remainder of the subsection or the application of such other provisions to other persons or circumstances shall not be affected.

(16) [15]Failure to obey lawful order. It shall be unlawful for any person to fail to obey the direction or order of a police officer while such officer is acting in an official capacity and carrying out his or her duties.

[Added 2-11-2009 by Ord. No. 1739]

[15] Editor's Note: This subsection was renumbered from Subsection (15) to Subsection (16) by Ord. No. 1782, adopted 6-8-2011.

(17) Panhandling/aggressive panhandling.

[Added 4-6-2015 by Ord. No. 1863]

(a) Definitions.

AGGRESSIVE BEHAVIOR

Engaging in any conduct with the intention of intimidating another person into giving away money or goods, including, but not limited to, intentionally approaching, speaking to or following a person in a manner that would cause a reasonable person to fear imminent physical injury or the imminent commission of a criminal act upon the person or upon the property in the person's immediate possession; intentionally touching another person without consent; or intentionally blocking or interfering with the free passage of a person.

PANHANDLING

Begging, soliciting, or asking for any item of value; attempting to sell or obtain compensation for an item or service for an amount that is at least twice its value, or an item or service that is already offered or available at no charge to the general public; or attempting to sell or obtain compensation for an item or service under circumstances that would lead a reasonable person to conclude that the payment is in substance to a donation.

PUBLIC PLACE

An area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and buildings open to the general public including those which serve food or drink, or provide entertainment, and the doorways or entrances in buildings or dwellings and the grounds enclosing them.

(b) Prohibited.

1. It shall be unlawful for any person to engage in the act of panhandling when either the panhandler or the person being solicited is located at any of the following locations:

a. In any public transportation vehicle/taxi cab or public transportation facility.

b. In a vehicle which is parked or stopped on a public street or alley.

c. In a restaurant.

d. In a school.

e. In a public park.

f. Within 20 feet in any direction from an automated teller machine or entrance to a bank.

2. It shall be unlawful for any person to engage in the act of aggressive panhandling in any public place within the city.

(18) Bullying and harassment.

[Added 4-18-2016 by Ord. No. 1890]

(a) Findings. The Common Council of the City of Shawano has determined that bullying and harassment disrupt the safe environment in the City; interfere with one's ability to succeed or excel in a safe environment in the City; and interfere with one's ability to participate in or benefit from programs, activities, worksites and opportunities offered to the community. The Common Council further finds that it is in the public interest to assure that every person is valued and respected regardless of perceived differences, and may live free from bullying, harassment and intimidation.

(b) Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

BULLYING

A form of harassment and is defined as an intentional course of conduct which is reasonably likely to intimidate, emotionally abuse, slander, threaten or intimidate another person and which serves no legitimate purpose.

COURSE OF CONDUCT

A pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.

HARASSMENT

Any conduct, whether verbal, physical, written, or by means of any mode of communication, which:

1. Is prohibited by § 947.01, 947.012, 947.0125 or 947.013 of the Wisconsin Statutes; or

2. Is any intentional course of conduct which is likely to create an intimidating, hostile or offensive environment, and which serves no legitimate purpose.

(c) Bullying and harassment prohibited. It shall be unlawful for any person to engage in any bullying or harassment of a person or induce another person to engage in such bullying or harassment.

(d) Retaliation prohibited. No person shall retaliate against any person who reports any conduct which is prohibited by this section.

(e) Constitutionally protected activity. This section shall not be construed to apply to any constitutionally protected activity or speech.

(f) Parental responsibility. It shall be unlawful for any custodial parent or guardian of any unemancipated person under 18 years of age to allow or permit such person to violate the provisions of Subsection (18)(c) or (d) above. The fact that prior to the present offense a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of Subsection (18)(c) or (d) by the same minor occurring within ninety (90) days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.

(g) Penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided in § 20.04 of this Code.

§ 8.04 Offenses endangering public morals and decency.

(1) 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 actor takes flight upon the appearance of a police or peace officer, refuses to identify himself or herself under circumstances which leads the officer to believe a crime has been or will be committed, or manifestly endeavors to conceal himself or herself or any object. Unless flight by the actor or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this subsection, afford the actor an opportunity to dispel any alarm which would otherwise be warranted by requesting him or her to identify himself or herself and explain his or her 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 actor was true, and if believed by the police or peace officer at the time, would have dispelled the alarm.

(a) Obstruction of highway. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or by one's presence in or upon the same after being requested to move on by any police officer.

[Added by Ord. No. 1194]

(b) Obstruction of traffic. No person shall encroach 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 sidewalks, streets, street crossings and bridges or other public places by persons passing along and over the same.

[Added by Ord. No. 1194]

(c) Presence after being requested to move. No person shall encroach upon or be present upon the public streets, sidewalks or adjacent doorways or entrances, street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant after being requested to move by any police officer or by any person in authority at such places if such presence causes or tends to cause other persons to fear for their safety.

[Added by Ord. No. 1194]

(d) Presence in public places. No person shall encroach upon, lounge or loaf in or about any depot, theater, dance hall, restaurant, store, public sidewalk, public parking lot or other place of assembly or public use after being requested to move by the owner or person in charge or any police officer if such presence causes or tends to cause other persons to fear for their safety. Upon being requested to move, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.

[Added by Ord. No. 1194]

(2) Indecent conduct and language prohibited. No person shall use any indecent, vile, profane or obscene language or conduct himself or herself in any indecent, lewd, lascivious or obscene manner within the City.

(3) Displaying material harmful to minors.[1]

[Added by Ord. No. 903]

(a) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

A REASONABLE BONA FIDE ATTEMPT

An attempt to ascertain the true age of the minor by requiring production of a driver's license, marriage license, birth certificate or other governmental or educational identification card or paper and not relying solely on the oral allegations or apparent age of the minor.

HARMFUL TO MINORS

That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse when the material or performance, taken as a whole, has the following characteristics:

1. The average adult person applying contemporary community standards would find that the material has a predominant tendency to appeal to a prurient interest in sex in minors.

2. The average adult person applying contemporary community standards would find that the material depicts or describes nudity, sexual conduct, sexual excitement or sadomasochistic abuse in a manner that is patently offensive to prevailing standards in the adult community with respect to what is suitable for minors.

3. The material lacks serious literary, scientific, educational, artistic or political value for minors.

KNOWINGLY

Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

1. The character and content of any material which is reasonably susceptible of examination by the defendant.

2. The age of the minor, however, an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.

MATERIAL

Any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image or description.

MINOR

Any unmarried person under the age of 18 years.

NUDITY

The showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state.

PERSON

Any individual, partnership, association, corporation or other legal entity of any kind.

SADOMASOCHISTIC ABUSE

Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

SEXUAL CONDUCT

Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast.

SEXUAL EXCITEMENT

The condition of human male or female genitals when in a state of sexual stimulation or arousal.

(b) Offenses. No person having custody, control or supervision of any commercial establishment shall knowingly:

1. Display material which is harmful to minors in such a way that minors, as a part of the invited general public, will be exposed to view such material; provided, however, that a person shall be deemed not to have "displayed" material harmful to minors if the material is kept behind devices commonly known as "blinder racks" so that the lower 2/3 of the material is not exposed to view.

2. Sell, furnish, present, distribute, allow to view or otherwise disseminate to a minor, with or without consideration, any material which is harmful to minors.

3. Offenses, minors. Any person under 18 years of age who falsely states, either orally or in writing, that he or she is not under the age of 18 years, or who presents or offers to any person any evidence of age and identity which is false or not actually his or her own for the purpose of ordering, obtaining, viewing or otherwise procuring or attempting to procure or view any harmful material, is guilty of a violation of this subsection.

4. Defenses. It shall be an affirmative defense to any prosecution under this subsection that the material involved was displayed, presented or disseminated to a minor at a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency or quasi-governmental agency and by persons acting in their capacity as employees or agents of such institutions or organizations, and which institution displays, presents or disseminates such material or performance for a bona fide governmental, educational or scientific purpose.

[Amended 9-8-1999 by Ord. No. 1419]

[1] Editor's Note: See also § 7.16, Regulation and licensing of adult-oriented establishments.

(4) Sexting prohibited.

[Added 4-12-2017 by Ord. No. 1912]

(a) Intent. The Common Council of the City of Shawano has determined that the sharing of explicit images and related activities between minors represents a concern for the health, safety, welfare, peace and order to the citizens of the City of Shawano. The Council has further determined that prohibiting sharing of explicit images and related activities between minors will serve to deter such activities within the City.

(b) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

HARMFUL TO MINORS

Any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it:

1. Predominantly appeals to an indecent, shameful, or morbid interest;

2. Is blatantly offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors;

3. Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.

MINOR

Any person under the age of 18 years.

NUDITY

The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a noticeably erect state. A mother's breastfeeding of her baby does not under any circumstance constitute "nudity," irrespective of whether or not the nipple is covered during or incidental to feeding.

(c) A minor commits the offense of sexting if he or she knowingly:

1. Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity, as defined above, and is harmful to minors, as defined above.

2. Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity, as defined above, and is harmful to minors, as defined above. A minor does not violate this subsection if all of the following apply:

a. The minor did not solicit the photograph or video.

b. The minor took reasonable steps to report the photograph or video to a school or law enforcement official.

c. The minor did not transmit or distribute the photograph or a video to a third party other than a law enforcement official.

3. Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any text, correspondence, or message of a sexual nature when it:

a. Predominantly appeals to an indecent, shameful, or morbid interest;

b. Is blatantly offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors;

c. Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.

4. Solicits the transmission or distribution of any text, correspondence, message, photograph or video from another minor that would itself be prohibited under this section of the Municipal Code.

§ 8.05 Offenses endangering public and private property.

(1) Destruction of property prohibited.

(a) No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the City or its departments or to any private person without the consent of the owner or proper authority.

(b) Pursuant to W.S.A. s. 895.035, the parents of an unemancipated minor shall be liable for the damage of property caused by the willful, malicious or wanton act of such child; such liability shall not exceed $1,000.

(2) Littering prohibited. No person shall throw any glass, rubbish, waste or filth upon the streets, alleys, highways, public parks or other property of the City or upon any private property not owned by him or her or upon the surface of any body of water within the City.

(3) Shoplifting.

(a) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

SHOPLIFTING

1. Whoever intentionally alters indicia of price or value of merchandise or who takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant without his or her consent and with intent to deprive the merchant permanently of possession or the full purchase price of merchandise may be penalized as provided in Subsection (3)(c) herein.

2. The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payments in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of such person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods.

(b) Detention of suspect. A merchant or merchant's adult employee who has probable cause for believing that a person has violated this subsection in his or her presence may detain such person in a reasonable manner for a reasonable length of time to deliver him or her to a peace officer, or to his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose of the detention and be permitted to make telephone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. Compliance with this subsection entitles the merchant or his or her 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.

(c) Penalties.[1] Any person who shall violate any of the provisions of this subsection shall, upon conviction, be subject to a forfeiture of:

1. Not less than $25 nor more than $1,000 if the value of the merchandise does not exceed $500.

2. Not less than $100 nor more than $3,000 if the value of the merchandise exceeds $500, but not more than $2,500.

3. Not less than $500 nor more than $5,000 if the value of the merchandise exceeds $2,500.

[1] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

(4) Library books and other personal property regulations.

[Added by Ord. No. 895]

(a) No person shall fail, on demand, to return any book, periodical, pamphlet, picture or other particle or property belonging to or in the charge of the Shawano City-County Library (hereinafter "Library"), the County bookmobile, or any of its branches, according to the rules and regulations duly made and adopted by the Library Board, and no person shall remove from the Library, the bookmobile or any of its branches, any book, periodical, pamphlet, picture or other article or property without first having it checked out as provided by such rules and regulations.

(b) No person shall mar, deface or in any other way damage or mutilate any book, periodical, pamphlet, picture or other article or property belonging to or in the charge of the library, the County bookmobile or any of its branches.

(c) Any person convicted of a violation of the provisions of this subsection shall forfeit not less than $50 nor more than $500 and the costs of prosecution and, in default of payment of such forfeiture and the costs of prosecution, shall be imprisoned in the county jail until payment of such forfeiture and costs of prosecution are paid, but not for more than 90 days. Where there is more than one book, periodical, pamphlet, picture or other article or property involved in any violation, each such item shall constitute a separate offense. The Circuit Court is hereby empowered to suspend payment of all or any portion of the forfeiture imposed if the person convicted of such offense makes restitution in full to the Library Board for any damage or mutilation or returns such item or items to the Library Board within 15 days of conviction thereof.[2]

[Amended 1-10-2007 by Ord. No. 1668]

[2] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

(d) W.S.A. s. 943.61, relating to theft of library material, exclusive of the penalties provided therein, is hereby adopted by reference.

(5) Graffiti and related vandalism.

[Added 9-10-2008 by Ord. No. 1726]

(a) Purpose and intent. It is the purpose and intent of this section to prevent graffiti and to promote its eradication, and to prevent related vandalism, as graffiti and related vandalism adversely affect property, both public and private. It is the further intent of this section to fight against blight, to preserve the value of property, both public and private, and to promote the security of the community, all of which are threatened by graffiti and graffiti-related vandalism.

(b) Prohibition of graffiti. It shall be unlawful for any person to intentionally or knowingly commit any overt act resulting in or attempting to result in application of graffiti on any surface on public or private property without the express permission of the owner of such property, including but not limited to trees, signs, poles, fixtures, utility boxes, walls, paths, walks, streets, bridges, buildings or any other structures or surfaces.

(c) Possession of graffiti implements. It shall be unlawful for any person to intentionally or knowingly possess any graffiti implement while on public or private property without the express written consent of the owner of such property, in a manner that warrants a justifiable and reasonable alarm or immediate concern for the safety of property in the vicinity. Among the circumstances which may be considered by the enforcement officer in determining whether such alarm or immediate concern is warranted, is the fact that the person takes flight upon appearance of an enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or the graffiti implement. Prior to any citation being issued to a person for a violation of this subsection, such person shall be afforded an opportunity by the enforcement officer to dispel any alarm or immediate concern which could otherwise be warranted by requesting such person to identify himself and explain his presence and conduct.

(d) Graffiti on any public or private property visible from any public right-of-way, including but not limited to any street, highway, road, alley or walkway, is declared a public nuisance. The municipality shall give notice to the property owner requesting the owner to remove or cause to be removed such graffiti within 24 hours of notice.

(e) Parental civil liability. Any act in violation of Subsection (5)(b) or (c) of this section committed by a minor under the age of 17 years shall be imputed to that minor's parent or legal guardian. A parent or legal guardian of a minor who violates Subsection (5)(b) or (c) of this section shall be liable for the payment of any civil fine and the expense of restoration as set forth in Subsection (5)(f) of this section.

(f) Penalty. Violators shall be ordered to remove the graffiti or, if it has already been removed, repay the property owner or the municipality the costs of such removal, including labor costs. Failure to comply with ordered removal or payment of costs shall create a cause of action that can be enforced in a civil suit. Any person who commits a violation of Subsection (5)(b) of this section shall be punished by a fine of not more than $500 for each offense. Violations of Subsection (5)(c) shall, upon conviction, be punished by a fine of not more than $300 for each graffiti implement. Violations of Subsection (5)(d) shall fall under Chapter 9, Public Nuisances.[3]

[3] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

(g) Definitions. For the purpose of this section, the following definitions shall apply:

AEROSOL PAINT CONTAINER

Any canister, can, bottle, container or other receptacle which contains any substance commonly known as paint, stain, dye or other pigmented substance which is or can be modified to contain pressure, or be pressurized, in order to impel or propel any such substance.

GRAFFITI

Any inscription, symbol, design or configuration of letters or numbers written, drawn, etched, marked, painted, stained, stuck on or adhered to any surface on public or private property without the express permission of the owner of such property, including but not limited to trees, signs, poles, fixtures, utility boxes, walls, paths, walks, streets, underpasses, overpasses, bridges, trestles, buildings or any other structures or surfaces.

GRAFFITI IMPLEMENT

Any implement capable of marking a surface to create graffiti, including but not limited to aerosol paint containers, markers and gum labels.

GUM LABEL

Any material such as, but not limited to, decals, stickers, posters or labels which contain a substance commonly known as adhesive or glue, which cannot be removed from the surface in an intact condition and with minimal efforts.

MARKER

Any indelible or permanent marker, or similar implement containing an ink that is not water soluble.

(h) Civil remedies. In addition to other penalty provisions as provided herein:

1. Any person who violates any provision of this section shall be subject to and shall pay to the municipality civil penalties equivalent to and on the same basis as the monetary penalties provided for in Subsection (5)(f) of this section;

2. Any person, including the municipality, may seek appropriate injunctive relief for the enforcement of this section, its penalties and remedial provisions, including but not limited to actions for abatement, prevention of violations, and enforcement of all remedial and preventive provisions of this section as may be appropriate; and

3. As an alternative to the remedies, procedures and penalties provided in this section, a violation of this section may be charged as a civil violation subject to and prosecuted in accordance with Wisconsin law.

(i) Anti-graffiti trust fund. There is hereby created the municipal anti-graffiti trust fund. All civil fines paid by violators or this section and ultimately received by the municipality shall be placed in the fund. The fund may also receive monetary donations from citizens, businesses and other organizations. The Mayor, or his/her designee, shall direct the expenditure of monies in the fund. Such expenditures shall be limited to the payment of rewards under Subsection (5)(j) of this section and restoration costs.

(j) Reward for providing information. Any person who shall provide information which leads to the actual payment of a fine by a violator of Subsection (5)(c) of this section is entitled to receive from the municipality a monetary reward up to $500. The Mayor, or his/her designee, shall determine the actual amount of reward and whether a particular reward shall be divided among persons based on the information provided and the number or persons providing the information. In no event shall the total reward relating to a particular violation exceed $500.

§ 8.06 Curfew.

[Amended by Ord. No. 934; 10-10-2007 by Ord. No. 1689]

(1) Restrictions.

(a) No individual between the ages of 14 years through 17 years shall remain upon any street or alley or other public place in the City between 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday and 6:00 a.m. the next day, and between 12:00 midnight on Friday and Saturday and 6:00 a.m. the next day.

[Amended 4-21-2009 by Ord. No. 1748, 7-8-2009 by Ord. No. 1751]

(b) No individual under the age of 14 years shall remain upon any street or alley or other public place in the City between 10:00 p.m. and 6:00 a.m. the next day.

(2) Exceptions. The following shall constitute valid exceptions to the operation of the curfew:

(a) At any time, if the individual is accompanied by his or her parent, or guardian. "Parent" means a person who is a natural parent, adoptive parent or stepparent of another person. "Guardian" means a person who, under court order, is the guardian of the minor; or a public or private agency with whom a minor has been placed by a court.

(b) At any time, the individual is involved in an emergency.

(c) At any time, while the individual is pursuing the duties of his or her employment.

(d) On an errand at the written direction of his or her parent or guardian, without any detour or stop (written direction must be signed, timed and dated by the parent or guardian and must indicate the specific errand). This exception shall apply no later than 12:30 a.m.

(e) Attending, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, Shawano School District, a civic organization, or another similar entity that takes responsibility for the minor. If the event is not commercial in nature or does not have a fixed publicly known time at which it will end, the sponsoring organization must register the event with the Police Department at least 24 hours in advance informing it of the time such event is scheduled to be, the place at which it will be held, the time at which it shall end and the name of the sponsoring organization. This exception will apply for 1/2 hour after the completion of such event, but in no case beyond 12:30 a.m.

(f) Until the hours of 12:30 a.m. if the individual is on the property of or the sidewalk directly adjacent to the building in which he or she resides. (This exception does not allow presence within the 100 blocks of North and South Main Street.)

(3) Daytime curfew.

[Added 3-9-2011 by Ord. No. 1774]

(a) The purpose of this subsection is to discourage children of compulsory school age from unauthorized absences and to impose penalties upon those students and the parents or legal guardians of such students. It is the intent of this subsection to promote the development and welfare of the children of this community by discouraging unauthorized absenteeism and encouraging school attendance.

(b) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

SUBJECT TO COMPULSORY SCHOOL ATTENDANCE

Any child subject to a mandatory school attendance under Wisconsin law in the school district of such child's residence; or any child found in the City of Shawano who shall be subject to mandatory attendance if the child were a residence of the City of Shawano.

(c) Daytime curfew violation. No child subject to compulsory school attendance shall be any place within the City of Shawano, except in attendance at school or such child's place of residence, during the hours when the child is required to be in attendance at either a public or private school as required by law, unless the child has written proof from the school authorities excusing the child from school attendance at that particular time or unless the child is accompanied by a parent or legal guardian who supervised the child subject to compulsory school attendance.

(d) Contributing to daytime curfew violation.

1. Each parent or legal guardian of a child subject to compulsory school attendance shall have a duty to prevent that child from violating the provisions of this subsection.

2. No adult may permit a child subject to compulsory school attendance from violating the provisions of this subsection.

(e) Exceptions. The actions set forth in Subsection (3)(c) and (d) above shall not be a violation of this subsection if:

1. The child, at the time of the alleged violation, was not required by law to be in attendance at the school attended by that child.

2. The parent or legal guardian is a petitioner in a currently pending juvenile court proceeding involving the child or such a proceeding in which the judge has restrained ongoing supervision or jurisdiction.

3. At the time of the alleged violation, the student was employed pursuant to a school-sponsored program or was the recipient of a work permit issued by the school authorities and the child was on the job or traveling to or from the job site or program location at that time.

§ 8.061 Boating regulations on Shawano Lake Outlet Channel.

[Added by Ord. No. 1016]

(1) Intent. The intent of this section is to provide safe and healthful conditions for the enjoyment of aquatic recreation consistent with public rights and interest and the capability of the water resource.

(2) Applicability and enforcement. The provisions of this section shall apply to waters of the Shawano Lake Outlet Channel within the jurisdiction of the City. The provisions of this section shall be enforced by the officers of the City, together with any and all state and county officers authorized by law to enforce the same.

(3) State boating and safety laws adopted. State boating laws, as found in W.S.A. ss. 30.50 to 30.71, are adopted by reference.

(4) Definitions. As used in this subsection, the following terms shall have the meanings indicated:

NAVIGATION LANE

An area designated by authorized aids to navigation.

SLOW-NO-WAKE

That speed at which a boat moves as slowly as possible while still maintaining steerage control.

(5) Speed restrictions. A slow-no-wake speed is required in all areas so designated. In all other areas of the Shawano Lake Channel, the speed of a motor boat shall be so controlled as to avoid colliding with any object lawfully in or on the water. No person shall operate a motor boat at a speed greater than is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing.

(6) Boat-excluded areas. All boat-excluded areas shall be designated by buoys meeting the standards set forth in Wis. Adm. Code NR 5.09. The following boat-excluded areas are marked in the Wolf River: Wolf River Beach. This boat-excluded area is marked by three buoys. The locations of these buoys are referenced to the permanent lifeguard chair at the beach. The southernmost buoy is located 62 feet south of and 148 feet west of the lifeguard chair. The middle buoy is located 25 feet south of and 145 feet west of the lifeguard chair. The northernmost buoy is located 22 feet north of and 134 feet west of the lifeguard chair.

(7) Controlled areas. All slow-no-wake areas shall be designated by buoys meeting the standards set forth in Wis. Adm. Code NR 5.09. The following slow-no-wake areas are marked in the Shawano Lake Outlet Channel:

(a) Sunset Island. This controlled area is bounded on the west by a line running straight north from the center line of Lafayette Street extended. The east boundary is a line running straight west from the north property line of the Town Park located along Main Street at the Highway 47-55 bridge over the channel.

[Amended 6-12-2017 by Ord. No. 1922; 7-12-2017 by Ord. No. 1923]

(b) Huckleberry Harbor. This controlled area is bounded on the west by a line running straight north from the west property line of the Huckleberry Harbor property. The east boundary is a line running straight north from the east property line of the Huckleberry Harbor property.

(c) Airport Road (C.T.H. HHH). This controlled area starts 100 yards west of the center line of C.T.H. HHH and extends east to the buoys placed at the mouth of the original channel and to the buoys placed 100 yards east of the channel known as "Gumaers Cut."

(8) Penalties. Wisconsin boating penalties, as found in W.S.A. s. 30.80, are hereby adopted by reference.

(9) Severability. The provisions of this section shall be deemed severable, and it is expressly declared that the City would have passed the other provisions of this section irrespective of whether or not one or more provisions may be declared invalid. If any provision of this section or the application to any person or circumstances is held invalid, the remainder of the section and the application of such provisions to other persons or circumstances shall not be affected.

§ 8.062 Parental responsibility.

[Added by Ord. No. 1288]

(1) Purpose. The purpose of this section is to reduce the incidents of misconduct by juveniles or underage persons by requiring proper supervision on the part of custodial parents.

(2) Definitions. The terms used in this section shall be defined as follows:

CHILD OR JUVENILE

A person under the age of 18 years.

CUSTODIAL PARENT

A parent of a minor child who has custody of said child.

CUSTODY

Either physical custody of a child under a court order under W.S.A. s. 767.23 or 767.24, custody of a child under a stipulation under W.S.A. s. 767.10, or actual physical custody of the child. "Custody" does not include legal custody, as defined under W.S.A. s. 48.02(12), by an agency or a person other than a child's birth or adoptive parent. In determining which parent has custody of a child for purposes of this section, the court shall consider which parent had responsibility for caring for and supervising a child at the time the child's ordinance violations occurred.

(3) Prohibitive conduct. Every custodial parent has a duty to properly supervise his or her child. Any custodial parent whose child is convicted twice in a six-month period or has three or more violations of this Code within a twelve-month period is guilty of failing to supervise his or her child. Said time period shall be measured from the date of violation.

(4) Penalty.[1] The offense described under this section shall be subject to a penalty of not more than $1,000.

[1] Editor's Note: See also the Bond Schedule located at the end of Ch. 20, General Provisions.

§ 8.063 Truancy.

[Added 9-8-1999 by Ord. No. 1420]

(1) Authority. This section is created under the authority of W.S.A. ss. 118.16, 938.342, 938.355(6m) and 118.163, or as said subsections are amended or renumbered.

(2) Definitions. As used in this section, the following terms shall have the meanings indicated:

HABITUALLY TRUANT

A pupil who is absent from school without an acceptable excuse for part of or all of five or more days on which school is held during a school semester.

(3) Penalty. If the court finds that a person under 18 years of age is habitually truant, under this section, the court shall enter an order making one or more of the following dispositions:

(a) Suspend the person's operating privilege, as defined in W.S.A. s. 340.01(40), for not less than 30 days nor more than one year. The court shall immediately take possession of the suspended license and forward it to the Department of Transportation, together with a notice stating the reason for and duration of the suspension. If the juvenile does not hold a valid operator's license on the date of the order issued under this subsection, the court may order the suspension or limitation to begin on the date that the operator's license would otherwise be reinstated or issued after the juvenile applies and qualifies for issuance or two years after the date of the order issued under this subsection, whichever occurs first.

(b) Order the person to participate in counseling or a supervised work program or other community service work as described in W.S.A. s. 938.34(5g). The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardian of the person, or both.

(c) Order the person to remain at home except during hours in which the person is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a person to leave his or her home if the person is accompanied by a parent or guardian.

(d) Order the person to attend an educational program under W.S.A. s. 938.34(7d).

(e) Order the department of workforce development to revoke, under W.S.A. s. 103.72, a permit under W.S.A. s. 103.70, authorizing the employment of the person.

(f) Order the person to be placed in a teen court program if all of the conditions of W.S.A. s. 938.342(lg)(f) apply.

(g) Order the person to attend school.

(h) Impose a forfeiture of not more than $500, plus costs, subject to W.S.A. s. 938.37. All or part of the forfeiture plus costs may be assessed against the person, the parent or guardian of the person, or both.

(i) Order the person to comply with any other reasonable conditions that are consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other juveniles or adults.

(j) Place the person under formal or informal supervision, as described in W.S.A. s. 938.34(2), for up to one year.

(k) Place the juvenile in a secure detention facility or juvenile portion of a county jail that meets the standards promulgated by the Department by rule or in a place of nonsecure custody, for no more than 10 days with the provision of educational services consistent with his or her current course of study during the period of placement.

§ 8.064 Contributing to truancy.

[Added 10-9-2002 by Ord. No. 1538]

(1) Authority. This section is created under the authority of ss. 118.15, 118.16 and 948.45 W.S.A.

(2) Definitions. As used in this section, the following terms shall have the meanings indicated:

HABITUALLY TRUANT

A pupil who is absent from school without an acceptable excuse for part or all of five or more days on which school is held during a semester.

TRUANCY

Any absence of part or all of one or more days from school during which the school attendance officer, principal or teacher has not been notified of the legal cause of such absence by the parent or guardian of the absent pupil, and also means intermittent attendance.

(3) Penalty. If the Court finds that any person 17 years of age or older who, by any act or omission, knowingly encourages or contributes to truancy of a person 17 years of age or under, or if any person 17 years of age or older by act or omission contributes to the truancy of a child, whether or not the child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be truant, the Court shall enter an order making one or more of the following dispositions:

(a) Impose a forfeiture of not more than $500 plus costs;

(b) Order the person to cease any activity that encourages truant behavior on the part of the child and/or command that acts or omission contributing to truancy be corrected;

(c) Order the person to participate in counseling or a recognized parenting program at the person's own expense or to attend school with his or her child, or both;

(d) Other remedies as the Court deems reasonable and appropriate.

(4) Exceptions. This section shall not apply to a person who has under his or her control a child who has been sanctioned under s. 49.26(i)(h) W.S.A.

§ 8.07 Enforcement of violations of this Code.

(1) Enforcement of nonstatutory violations. Pursuant to W.S.A. s. 66.119, the City hereby elects to use the citation method of enforcement of sections of this Code other than those for which a statutory counterpart exists.

(2) The citation.

(a) Content of citation. The citation shall contain the following:

1. The name and address of the alleged violator.

2. Factual allegations describing the alleged violation.

3. The time and place of the offense.

4. The section of the Code violated.

5. A designation of the offense in such manner as can readily be understood by a person making a reasonable effort to do so.

6. The time at which the alleged violator may appear in court.

7. A statement which in essence informs the alleged violator, as follows:

a. That a cash deposit based on the schedule established in § 8.08 of this chapter may be made, which shall be delivered or mailed to the Clerk of Shawano-Bonduel Joint Municipal Court or to the Chief of Police prior to the time of the scheduled court appearance.

[Amended 1-10-2007 by Ord. No. 1669]

b. That if a deposit is made, no appearance in court is necessary unless he or she is subsequently summoned.

c. That if a cash deposit is made and the alleged violator does not appear in court, he or she will be deemed to have entered a plea of no contest, or if the court does not accept the plea of no contest, a summons will be issued commanding him or her to appear in court to answer the complaint.

d. That if no cash deposit is made and the alleged violator does not appear in court at the time specified, an action may be commenced to collect the forfeiture.

8. A direction that if the alleged violator elects to make a cash deposit, the statement which accompanies the citation shall be signed to indicate that the statement required under Subsection (2)(a)7 above has been read. Such statement shall be sent or brought with the cash deposit.

9. Such other information as the City deems necessary.

(b) Form of citation. The form of the citation to be used by the City is as follows.[1]

[Amended by Ord. No. 840]

[1] Editor's Note: The form of citation is included at the end of this chapter.

(3) Schedule of deposits.

(a) Established. A schedule of cash deposits is established for use with citations issued under this section and is set forth in § 8.08 of this chapter.[2]

[2] Editor's Note: See now the Bond Schedule located at the end of Ch. 20, General Provisions.

(b) Payment. Deposits shall be made in cash, money order or certified checks to the Clerk of Shawano-Bonduel Joint Municipal Court or the Chief of Police, who shall provide a receipt therefor.

[Amended 1-10-2007 by Ord. No. 1670]

(4) Issuance of citation. Any law enforcement officer may issue citations authorized under this section. In addition, pursuant to W.S.A. s. 66.119(2), any department head or appointed official may issue citations with respect to ordinances which are directly related to the official responsibilities of said department head. Said department heads may proceed as provided in this section upon discovering a violation of a City ordinance.

[Amended by Ord. No. 1150; Ord. No. 1237]

(5) Miscellaneous procedures.

(a) W.S.A. s. 66.119(3), relating to violators' options and procedure on default, is hereby adopted and incorporated herein by reference.

(b) The procedure to be followed for the enforcement of sections of this Code for which a statutory counterpart exists shall be that as set out in W.S.A. s. 66.12.

(6) Nonexclusivity.

(a) Other ordinances. The adoption of this section does not preclude the Council from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or other matter.

(b) Other remedies. The issuance of a citation hereunder shall not preclude the City or any authorized officer from proceeding under any other section of this Code or law or by any other enforcement method to enforce any section of this Code, City regulation or order.

§ 8.08 Schedule of deposits.

[Amended by Ord. No. 874]

The schedule of cash deposits for violations of this chapter is set forth in § 20.04 of this Code.

§ 8.09 Penalty.

[Amended 4-21-1998 by Ord. No. 1355]

Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 20.04 of this Code in addition to the specific penalties provided in this chapter; provided, however, that in the event proceedings are commenced against children aged 12 years or older for violation of this chapter, the provisions of W.S.A. ss. 938.17(2), 938.237, 938.343, 938.344 and 938.37, or as said sections are amended, shall be applicable. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.