[HISTORY: Adopted by the Village Board of the Village of Mount Horeb. Amendments noted where applicable.]
[Amended 9-4-2002 by Ord. No. 2002-25; 6-5-2006 by Ord. No. 2006-16; 12-4-2013 by Ord. No. 2013-14; at time of adoption of Code (see Ch. 1, General Government, Art. V)]
The following statutes defining offenses against the peace and good order of the State of Wisconsin are adopted by reference to define offenses against the peace and good order of the Village of Mount Horeb, provided the penalty for commission of such offenses shall be limited to a forfeiture imposed under § 9.210 of this chapter. Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made part of this Code.
§ 167.10
Regulation of Fireworks
§ 175.25
Illegal Storage of Junked Vehicles
§ 97.627
Causing Fires by Tobacco Smoking
§ 939.22
Words and Phrases Defined
§ 940.19(1)
Battery
§ 940.291
Law Enforcement Officer; Failure to Render Aid
§ 941.01
Negligent Operation of Vehicle
§ 941.10
Negligent Handling of Burning Material
§ 941.12(2), (3)
Interfering with Firefighting
§ 941.13
False Alarms
§ 941.20(1)
Endangering Safety by Use of Dangerous Weapon
§ 941.23
Carrying Concealed Weapon
§ 941.231
Carrying a concealed knife
§ 941.235
Carrying Firearm in Public Building
§ 941.36
Fraudulent Tapping of Electric Wires or Gas or Water Meters or Pipes
§ 941.37(1), (2)
Obstructing Emergency or Rescue Personnel
§ 942.05
Opening Letters
§ 943.01(1)
Damage to Property
§ 943.11
Entry into Locked Vehicle
§ 943.125
Entry into Locked Coin Box
943.13
Trespass to Land
§ 943.14
Criminal Trespass to Dwellings
§ 943.145
Criminal Trespass to a Medical Facility
§ 943.15
Entry Onto a Construction Site or Into a Locked Building, Dwelling or Room
§ 943.20
Theft
§ 943.21
Fraud on hotel or restaurant keeper, recreational attraction, taxicab operator, or gas station
§ 943.22
Use of Cheating Tokens
§ 943.23(2)
Operating Vehicle Without Owner's Consent
§ 943.24(1)
Issue of Worthless Checks
§ 943.34(1)
Receiving Stolen Property
§ 943.37
Alteration of Property Identification Marks
§ 943.38(3)
Forgery
§ 943.41
Financial Transaction Card Crimes
§ 943.50(4)(a)
Retail Theft; Theft of Services
§ 944.15
Public Fornication
§ 943.55
Removal of Shopping Cart
§ 944.17
Sexual Gratification
§ 944.20
Lewd and Lascivious Behavior
§ 944.23
Making Lewd, Obscene or Indecent Drawings
§ 944.25
Sending Obscene or Sexually Explicit Electronic Messages
§ 944.30
Prostitution
§ 944.31
Patronizing Prostitutes
§ 944.33
Pandering
§ 944.36
Solicitation of Drinks Prohibited
§ 945.01
Definitions
§ 945.02
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(2)
Escape
§ 946.69
Falsely Assuming to Act as Public Officer or Employee or a Utility Employee
§ 946.70(1)
Impersonating peace officers, fire fighters, or other emergency personnel
§ 946.72(2)
Tampering with Public Records and Notices
§ 947.01
Disorderly Conduct
§ 947.012
Unlawful Use of Telephone
§ 947.0125
Unlawful Use of Computerized Communication Systems
§ 947.013
Harassment
§ 947.06
Unlawful Assemblies and Their Suppression
§ 948.01
Definitions
§ 948.11(2)(b)
Exposing a child to harmful material or harmful descriptions or narrations
§ 948.45
Contributing to Truancy
§ 948.50
Strip Search by School Employees
§ 948.51
Hazing
§ 948.60
Possession of a Dangerous Weapon by a Person Under 18
§ 948.61
Dangerous Weapons other than Firearms on School Premises
§ 948.62
Receiving Stolen Property from a Child
§ 948.63
Receiving Property from a Child
§ 951.02
Mistreating Animals
§ 951.03
Dognapping or Catnapping
§ 951.04
Leading Animal from Motor Vehicle
§ 951.05
Transportation of Animals
§ 951.06
Use of Poisonous and Controlled Substances
§ 951.07
Use of Certain Devices Prohibited
§ 951.08
Instigating Fights Between Animals
§ 951.09
Shooting at Caged or Staked Animals
§ 951.10
Sales of Baby Rabbits, Chicks and Other Fowl
§ 951.11
Artificially Colored Animals; Sale
§ 951.13
Providing Proper Food and Drink to Confined Animals
§ 951.14
Providing Proper Shelter
§ 951.15
Abandoning Animals
[Added 9-7-2016 by Ord. No. 2016-03; amended at time of adoption of Code (see Ch. 1, General Government, Art. V)][1]
Any person who intentionally calls the telephone number 911 to report an emergency, knowing that the situation which he or she reports does not exist, may be fined. The penalty for violation of this chapter is provided in § 25.04 of this Municipal Code. For the purposes of this section "emergency" shall mean a situation in which human life or property are in jeopardy and the prompt summoning of aid is essential.
[1]
Editor's Note: Original § 9.02 was repealed by Ord. No. 95-21.
[Amended 12-5-2001 by Ord. No. 2001-19]
(1) 
Except as provided in Subsection (2), no person shall fire or discharge any cannon, firearm, air gun or bow and arrow of over 15 pounds pull of any description within the Village, provided that shooting on supervised target, rifle, or pistol ranges and shooting galleries may be authorized by the Village President or Chief of Police by written permit.
(2) 
The Village Board may authorize, by permit, the use of bow and arrow for wildlife management purposes, such as a deer herd management hunt.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
No person shall throw any object, stone, snowball or other missile or projectile by hand or any other means on, at, in or into any building, street, sidewalk, alley, highway or other public place within the Village.
[1]
Editor's Note: Former § 9.05 was repealed by Ord. No. 95-13.
[1]
Editor's Note: Former § 9.06 was repealed by Ord. No. 95-13.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
No person shall deposit any paper, fruit peelings, food, cans, bottles, glass or other waste or refuse upon the public grounds, streets, alleys, school grounds or parks.
[Added 3-3-2021 by Ord. No. 2021-04]
No person will defecate or urinate outside of designed sanitary facilities, on any sidewalk, street, alley, public parking lot, park, playground, cemetery or other public area within the city, or on any private property in open view of the public, or in the halls, rooms without rest room facilities, stairways or elevators of public or commercial buildings, or to indecently expose his/her person.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
Whoever does any of the following within the Village limits shall be liable to the Village for a penalty as provided in § 25.04 of this Municipal Code:
(1) 
Vehicle is used in the act of a disturbance, reckless driving, or other unreasonable conduct tending to bother, annoy, or disturb others. This includes, but is not limited to, accelerating or decelerating a motor vehicle causing a squealing of tires or producing tire marks.
(1) 
Unauthorized presence.
(a) 
No student who is under suspension, expulsion, or other disciplinary procedures excluding him from attending any public school located within the Village of Mount Horeb or any person not a student presently enrolled or not an employee of such schools or not a parent or guardian of a student, or not an otherwise "authorized person," as defined in Subsection (1)(c) below, shall be present within any school building or upon any school grounds without having first secured authorization from the school administrator, principal or other person in charge of the school building or school grounds, except while in direct route to secure such authorization.
(b) 
Any unauthorized person who enters school property and refuses to leave at the request of the school administrator or principal or any person acting under the direction of the administrator or principal, in addition to violating Subsection (1)(a), shall be guilty of trespassing.
(c) 
Authorized persons include:
1. 
Any person who is present at any school building or school grounds for the purpose previously authorized by the school administrator or principal, or their designee;
2. 
Any person transporting a student and who utilizes the driveway specified for loading and unloading personnel; and
3. 
Any person utilizing a designated area for attending an athletic or other organized school event.
(2) 
Disorderly conduct on public school property.
(a) 
No person shall, on any school property or building, engage in violent, abusive, loud or otherwise disorderly conduct which causes or provokes an immediate disturbance of public order or disturbs or annoys any other person, or intentionally engages in any fight, brawl, riot or noisy altercation, other than a valid athletic contest.
(b) 
Nonstudents, students from schools other than the school on the property or students from the school on the property who are not in compliance with the Mount Horeb Area School District's published rules and regulations shall be considered in violation of this subsection. The published rules and regulations of said school district are incorporated into this subsection as if fully set forth herein.
(c) 
Entrances to all school buildings in the Mount Horeb Area School District shall be posted with a notice stating "Entry into School Building by Unauthorized Persons is Prohibited."
(d) 
Unauthorized presence shall include any vehicle on school property for which the owner or operator has not received permission to be on school property. If the occupants or owners of the vehicle are not on school property for a legitimate business reason or school activity or are parked in an area that limits parking to certain authorized vehicles, they are in violation of this subsection. Such vehicle may be issued a Village citation for prohibited parking or may be towed away at the direction of the school administrator, principal or person in charge of such school building. Law enforcement officers may also have a vehicle towed away which, because of its location, creates a safety hazard.
(3) 
Loitering or creating a nuisance near school prohibited. No person, other than those in official attendance or on official school business, shall enter into, congregate, loiter or cause a nuisance in any school building in the Village of Mount Horeb or upon any Mount Horeb Area School District property or within adjacent posted school zones when such schools are in session.
(4) 
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:
LOITER
To sit, stand, lounge, wander or stroll in an aimless manner or to stop, pause or remain in an area for no obvious reason.
NUISANCE
Unnecessary conduct which may tend to annoy, intimidate, threaten or otherwise disturb another in or about any public street, sidewalk, bridge or public ground which is offensive to public morals or decency.
No person shall loaf or loiter about the streets, or in and about any place of public assembly, or obstruct in any manner the entrance to any such place or stairway to any business or public area within the Village.
[Amended 4-2-2001 by Ord. No. 2001-05]
(1) 
Unless accompanied by a parent, guardian or adult person having legal custody, no person less than 18 years of age shall remain, and no parent, guardian or legal custodian shall knowingly permit his or her child or ward to remain, in or upon any streets, alleys or public places in the Village of Mount Horeb between the following hours:
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(a) 
Children 15 years of age and under:
1. 
Sunday through Thursday: 10:00 p.m. to 5:00 a.m.
2. 
Friday and Saturday: 11:00 p.m. to 5:00 a.m.
(b) 
Children 16 to 17 years of age:
1. 
Sunday through Thursday: 11:00 p.m. to 5:00 a.m.
2. 
Friday and Saturday: 12:00 Midnight to 5:00 a.m.
(2) 
Subsection (1) shall not be construed to prohibit a person from:
(a) 
Performing an errand or duty as directed by his parent or guardian, or an errand of urgent necessity.
(b) 
Going to or returning from employment.
(c) 
Going to or returning from a properly supervised public place.
(d) 
Going to or returning from schools or school grounds for school activities.
(e) 
Going to or returning from churches for religious or entertainment activities.
(3) 
Any person found to be in violation of this section shall pay a forfeiture not to exceed $25, plus the cost of prosecution, for a first offense and a forfeiture not to exceed $50, plus the cost of prosecution, for a second or subsequent offense.
[Amended 2-2-2022 by Ord. No. 2021-10]
(1) 
If open to public vehicular traffic or public parking, no person shall consume or be in possession of any open container containing intoxicating liquor or fermented malt beverages while in or on any public thoroughfare, public street, alley, sidewalk, parking lot or other public way, or any privately owned property open to the public.
(2) 
This section does not apply to a business that has a valid liquor license or sidewalk café permit or for a temporary event approved by the Village Board and license from the Village.
[Amended 9-27-2022 by Ord. No. 2022-06]
[Added 3-3-1997 by Ord. No. 97-7]
(1) 
No person shall intentionally shelter or conceal a minor child who:
(a) 
Is a "runaway child," meaning a child who has run away from his or her parent, guardian or legal or physical custodian; or
(b) 
Is a child who may be taken into custody pursuant to § 48.19, Wis. Stats.
(2) 
Subsection (1) applies when the following conditions are present:
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(a) 
The person knows or should have known that the child is a child described in either Subsection (1)(a) or (b).
(3) 
Subsection (1) does not apply to any of the following:
(a) 
A person operating a runaway home in compliance with § 48.227, Wis. Stats.; or
(b) 
A person who shelters or conceals a child at the request or with the consent of the child's parent, guardian or legal or physical custodian except if the sheltering or concealment violates § 948.31, Wis. Stats.; or
(c) 
A person who immediately notifies a law enforcement agency, county department of public welfare or social services, or the intake worker of the court exercising jurisdiction under Chapter 48, Wis. Stats., that he or she is sheltering or concealing such child, and provides the person or agency notified with all information requested.
[Added 3-6-2019 by Ord. No. 2019-01]
(1) 
Findings. The Village Board 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 Village. The Village Board has further determined that prohibiting sharing of explicit images and related activities between minors will serve to deter such activities within the Village.
(2) 
Definitions. For the purposes of this section, the following terms shall have the meanings indicated:
MINOR
Any person under the age of 18 years. For avoidance of doubt, the definition of "minor" in this section is not intended to change, and does not change, how seventeen-year-old persons are handled and/or administered in Municipal Court pursuant to applicable Wisconsin Statutes or Wisconsin Administrative Code rules.
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.
(3) 
A minor commits the offense of sexting if he or she knowingly:
(a) 
Uses a computer, telephone, 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 in this section, and is harmful to minors as defined in this section.
(b) 
Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity, as defined above. A minor does not violate this subsection if all of the following apply:
1. 
The minor did not solicit the photograph or video;
2. 
The minor took reasonable steps to report the photograph or video to a school or law enforcement official;
3. 
The minor did not transmit or distribute the photograph or video to a third party other than a law enforcement official.
(c) 
Uses a computer, telephone, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any text message, correspondence, or message of a sexual nature 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.
(d) 
Solicits the transmission or distribution of any text, correspondence, message, photograph, or video from another minor that would itself be prohibited under this subsection.
(1) 
The following state statutes, defining and setting forth alcohol beverage offenses involving underage persons, are adopted by reference, including all applicable penalty provisions, and made a part of this chapter as if fully set forth herein:
§ 125.02
Definitions
§ 125.07(1)
Restrictions Relating to Procuring for, Selling, Dispensing or Giving Away Alcohol Beverages to Underage Persons
§ 125.07(4)
Underage Persons; Prohibitions; Penalties
§ 125.09(2)
Possession of Alcohol Beverages on School Grounds Prohibited
(2) 
Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this section in order to at all times comply with § 125.10(2), Wis. Stats.
[1]
Editor's Note: Former § 9.15, Failure to return library materials, was repealed at time of adoption of Code (see Ch. 1, General Government, Art. V).
[Amended 9-4-2002 by Ord. No. 2002-24; at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(1) 
Definitions. For purposes of this section, the following terms have the meaning indicated:
ACCEPTABLE EXCUSE
An acceptable excuse as defined under §§ 118.15 and 118.16(4), Wis. Stats.
HABITUAL TRUANT
A pupil who is absent from school or absent from virtual school pursuant to the rules for virtual attendance and instruction adopted by the Mount Horeb Area School District without an acceptable excuse for part or all of five or more days on which school is held during a school semester.
OPERATING PRIVILEGE
Has the meaning given in Wis. Stats. § 340.01(40).
PROHIBITED CONDUCT
A person under 18 years of age is prohibited from being a truant or a habitual truant.
TRUANT
A pupil who is absent from school or absent from virtual school pursuant to the rules for virtual attendance and instruction adopted by the Mount Horeb Area School District without an acceptable excuse for part or all of any day on which school is held during a school semester.
(2) 
Penalties.
(a) 
Parent or guardian liability for truancy.
1. 
Unless the child is excepted or excused under Wis. Stats. § 118.15 or has graduated from high school, any person having control over a child who is between the ages of six and 18 years will cause the child to attend school regularly during the full period of hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the child becomes 18 years of age.
2. 
A person found to have violated Subsection (2)(a)1 of this section, after evidence is provided by a school official that the prerequisites under § 118.16(5), Wis. Stats., have been completed, will be subject to a forfeiture of up to $500.
3. 
Subsection (2)(a)2 of this section does not apply to a person who has been sanctioned under § 49.26(1)(h), Wis. Stats., nor does it apply if the person provides that he is unable to comply with subsection (2)(a)1 of this section because of the disobedience of the child.
(3) 
Dispositions for truant and habitual truant.
(a) 
Upon a finding that a person is a truant, the court may enter an order making one or more of the following dispositions:
1. 
Order the person to attend school. If school attendance is ordered, court clerks must notify the school designee (e.g., school principals) about the court order requiring the student to attend school and the order must specify what constitutes a violation of an attendance requirement. The order will direct the school or the agency responsible for supervising the student (e.g., social services or Department of Corrections in delinquency cases and social services in child protection cases) to notify the court within five days of any violation.
2. 
Impose a forfeiture (plus costs and surcharges) up to $50 for a first offense and $100 for a second offense within 12 months subject to a maximum cumulative forfeiture of $500 for all violations committed within a school semester. The forfeiture, costs, and assessments may be imposed on the juvenile, his/her parents or guardians, or both.
3. 
Order the person to report to a youth report center after school, in the evening, on weekends, on other non-school days, or at any other time that the person is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Wis. Stats. § 938.34(5g) applies to any community service work performed by a person under this subsection.
(b) 
Upon a finding that a person is a habitual truant, the court may enter an order making one or more of the following dispositions:
1. 
Suspend the person's motor vehicle operating privilege for not less than 30 days nor more than one year. The court may immediately take possession of the suspended license and destroy it.
2. 
Order the person to participate in counseling or a supervised work program or other community service work as described in § 938.34(5g), Wis. Stats. 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. Any county department, community agency, public agency or nonprofit charitable organization administering a supervised work program or other community service work to which a person is assigned pursuant to an order under this subsection acting in good faith has immunity from any civil liability in excess of $25,000 for any act or omission by or impacting on that person.
3. 
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 home if the person is accompanied by a parent or guardian.
4. 
Order the person to attend an educational program under § 938.34(7d), Wis. Stats.
5. 
Order the Department Of Workforce Development to revoke, under Wis. Stats. § 103.72, a permit under Wis. Stats. § 103.70 authorizing the employment of a person. (Juveniles under 16 only.)
6. 
Order the person to be placed in a teen court program if all of the following conditions apply:
a. 
The Chief Judge of the judicial administrative district has approved a Teen Court Program established in the person's county of residence and the Judge determines that participation in the Teen Court Program will likely benefit the person and the community.
b. 
The person admits or pleads no contest in open court, with the person's parent, guardian or legal custodian present, to the allegations that the person violated the municipal ordinance enacted under Wis. Stats. § 118.163(2).
c. 
The person has not successfully completed participation in a Teen Court Program during the two years before the date of the alleged municipal ordinance violation.
7. 
Order the juvenile to attend school or an educational program. If school attendance is ordered, Court Clerks must notify the school designee (e.g., school principals) about the court order requiring the student to attend school and the order must specify what constitutes a violation of an attendance requirement. The order will direct the school or the agency responsible for supervising the student (e.g., social services or Department of Corrections in delinquency cases and social service in child protection cases) to notify the court within five days of any violation.
8. 
Impose a forfeiture of not more than $500 plus costs, subject to Wis. Stats. § 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. No witness fees may be assessed against the juvenile.
9. 
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.
10. 
Place the person under formal or informal supervision, as described in Wis. Stats. § 938.34(2), for up to one year.
11. 
Order the person to report to a youth report center after school, in the evening, on weekends, on other non-school days, or at any other time that the juvenile is not under immediate adult supervision, for participation in the social, behavioral, academic, community service, and other programming of the center. Wis. Stats. § 938.34(5g) applies to any community service work performed by a person under this subsection.
12. 
Order the person's parent, guardian or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both.
(4) 
Orders against parent, guardian or legal custodian. No order requiring payments to be made by any parent, guardian or legal custodian under this chapter may be entered until the parent, guardian or legal custodian is given an opportunity for a hearing. The court notice will state time, place and purpose of the hearing and to be served on the parent, guardian or legal custodian at least 10 days before the hearing date. At the hearing, the parent, guardian or legal custodian may be represented by counsel and may produce and cross-examine witnesses. Any parent, guardian or legal custodian who fails to comply with the hearing order issued by the court may be proceeded against for contempt of court.
(5) 
School attendance. If school attendance under this chapter is a condition of an order, the order will specify what constitutes a violation of the condition. The school district, or the governing body of the private school must notify the court or if the person is under the supervision of an agency, the agency is to notify the court within five days of any violation of the condition.
(6) 
Prerequisites for conviction of compulsory school attendance violations. No parent or other person having control of a child may be found guilty of violating this section, unless appropriate personnel of the school or school district in which the child is enrolled have, within one year prior to the commencement of prosecution under this section, done all of the following:
(a) 
Met with the pupil's parent or guardian to discuss the pupil's truancy, or attempted to do so and had been refused;
(b) 
Provided an opportunity for educational counseling to the pupil to determine whether a change in the curriculum would resolve the pupil's truancy and considered curriculum modifications under Wis. Stats. § 118.15(1)(d);
(c) 
Evaluated the pupil to determine whether learning problems may be a cause of the pupil's truancy and, if so, taken steps to overcome the learning problems; and
(d) 
Conducted an evaluation to determine whether social problems may be a cause of the pupil's truancy and, if so, taken appropriate action or made appropriate referrals.
[Added 12-4-2013 by Ord. No. 2013-14]
(1) 
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 defined as an intentional course of conduct which is likely to emotionally abuse, slander, threaten or intimidate another person.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
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:
(a) 
Is prohibited by § 940.32, 947.01, 947.012, 947.0125 or 947.013 of the Wisconsin Statutes; or
(b) 
Is any intentional course of conduct which is likely to create an intimidating, hostile or offensive environment, and which serves no legitimate purpose.
(2) 
Prohibition. 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.
(3) 
Retaliation prohibited. No person shall retaliate against any person who reports any conduct which is prohibited by this section.
(4) 
Constitutionally protected activity. This section shall not be construed to apply to any constitutionally protected activity or speech.
(5) 
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 provision of Subsection (2) 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 (2) by the same minor occurring within 90 days prior to the present offense shall constitute a rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
(6) 
Penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided in § 9.20.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(1) 
Definitions. For purposes of this section, the following terms shall have the meaning indicated:
CONTROLLED SUBSTANCE
A drug, substance or immediate precursor included in Schedules I to V of Subchapter II of Chapter 961 of the Wisconsin Statutes.
CONTROLLED SUBSTANCE ANALOG
(a) 
A substance the chemical structure of which is substantially similar to the chemical structure of a controlled substance included in Schedule I or II of Subchapter II of Chapter 961 of the Wisconsin Statutes and 1) which has a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II; or 2) with respect to a particular individual, which the individual represents or intends to have a stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system substantially similar to the stimulant, depressant, narcotic or hallucinogenic effect on the central nervous system of a controlled substance included in Schedule I or II.
(b) 
"Controlled substance analog" does not include 1) a controlled substance; 2) a substance for which there is an approved new drug application; 3) a substance with respect to which an exemption is in effect for investigational use by a particular person under 21 U.S.C. § 355 to the extent that conduct with respect to the substance is permitted by the exemption; or 4) any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.
DRUG PARAPHERNALIA
(a) 
"Drug paraphernalia" means all equipment, products and materials of any kind that are used, designed for use or primarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance or controlled substance analog.
(b) 
"Drug paraphernalia" includes, but is not limited to, any of the following: 1) kits used, designed for use or primarily intended for use in planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or from which a controlled substance or controlled substance analog can be derived; 2) kits used, designed for use or primarily intended for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances or controlled substance analogs; 3) isomerization devices used, designed for use or primarily intended for use in increasing the potency of any species of plant that is a controlled substance; 4) testing equipment used, designed for use or primarily intended for use in identifying, or in analyzing the strength, effectiveness or purity of, controlled substances or controlled substance analogs; 5) scales and balances used, designed for use or primarily intended for use in weighing or measuring controlled substances or controlled substance analogs; 6) dilutents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, designed for use or primarily intended for use in cutting controlled substances or controlled substance analogs; 7) separation gins and sifters used, designed for use or primarily intended for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana; 8) blenders, bowls, containers, spoons and mixing devices used, designed for use or primarily intended for use in compounding controlled substances or controlled substance analogs; 9) capsules, balloons, envelopes and other containers used, designed for use or primarily intended for use in packaging small quantities of controlled substances or controlled substance analogs; 10) containers and other objects used, designed for use or primarily intended for use in storing or concealing controlled substances or controlled substance analogs; 11) objects used, designed for use or primarily intended for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as: a) metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens, permanent screens, hashish heads or punctured metal bowls; b) water pipes; c) carburetion tubes and devices; d) smoking and carburetion masks; e) roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand; f) miniature cocaine spoons and cocaine vials; g) chamber pipes; h) carburetor pipes; i) electric pipes; j) air-driven pipes; k) chilams; l) bongs; m) ice pipes or chillers.
(c) 
"Drug paraphernalia" excludes: 1) hypodermic syringes, needles and other objects used or intended for use in parenterally injecting substances into the human body; and 2) any items, including pipes, papers and accessories, that are designed for use or primarily intended for use with tobacco products.
PRIMARILY
Chiefly or mainly.
(2) 
Determination of drug paraphernalia. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, the following: a) statements by an owner or by anyone in control of the object concerning its use; b) the proximity of the object, in time and space, to a direct violation of this chapter; c) the proximity of the object to controlled substances or controlled substance analogs; d) the existence of any residue of controlled substances or controlled substance analogs on the object; e) direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the object is designed for use or primarily intended for use as drug paraphernalia; f) instructions, oral or written, provided with the object concerning its use; g) descriptive materials accompanying the object that explain or depict its use; h) local advertising concerning its use; i) the manner in which the object is displayed for sale; j) whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products; k) the existence and scope of legitimate uses for the object in the community; l) expert testimony concerning its use; m) in determining under this section whether an item is designed for a particular use, a court or other authority shall consider the objective physical characteristics and design features of the item; n) in determining under this section whether an item is primarily intended for a particular use, a court or other authority shall consider the subjective intent of the defendant.
(3) 
Possession of drug paraphernalia.
(a) 
No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog.
(b) 
Any person who violates Subsection (3)(a) who is under 17 years of age is subject to a disposition under Wis. Stats. § 938.344(2e).
(4) 
Manufacture or delivery of drug paraphernalia.
(a) 
No person may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be primarily used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance or controlled substance analog.
(b) 
Any person who violates Subsection (4)(a) who is under 17 years of age is subject to a disposition under Wis. Stat. § 938.344(2e).
(5) 
Delivery of drug paraphernalia to a minor. Any person 17 years of age or over who violates Subsection (4) by delivering drug paraphernalia to a person 17 years of age or under who is at least 3 years younger than the violator may be subject to additional penalties and referred to the District Attorney for criminal charges.
(6) 
Exemption. This section does not apply to manufacturers, practitioners, pharmacists, owners of pharmacies and other persons whose conduct is in accordance with Chapter 961 of the Wisconsin Statutes. This section does not prohibit the possession, manufacture or use of hypodermics, in accordance with Chapter 961 of the Wisconsin Statutes.
(7) 
Penalties. Any person who violates Subsection (3), (4) or (5) above shall, upon conviction, be subject to a forfeiture under § 25.04 of this Code and, for violations by a person under the age of 17, the penalties available under Chapter 938 of the Wisconsin Statutes.
[Amended 1-7-2015 by Ord. No. 2015-01; 12-5-2018 by Ord. No. 2018-16; 2-2-2022 by Ord. No. 2021-10; 1-3-2024 by Ord. No. 2024-02]
(1) 
Definitions. As used in this section, the following terms shall have the following meanings:
CIGARETTE
Any roll of tobacco wrapped in paper or any substance other than tobacco.
NICOTINE PRODUCT
A product that contains nicotine, including in liquid or any other form, and is not any of the following: a tobacco product; a cigarette; or a product that has been approved by the U.S. Food and Drug Administration for sale as a smoking cessation product or for another medical purpose and is being marketed and sold solely for such an approved purpose.
TOBACCO PRODUCT
Cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready-rubbed and other smoking tobacco; snuff, including moist snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco and 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 and smoking; but "tobacco product" does not include cigarettes, as defined under § 139.30(1m), Wis. Stats.
VAPOR PRODUCT
A noncombustible product that produces vapor or aerosol for inhalation from the application of a heating element to a liquid or other substance that is depleted as the product is used, regardless of whether the liquid or other substance contains nicotine.
(2) 
By minors.
(a) 
Purchase by minors prohibited. It shall be unlawful for any person under the age of 18 years to purchase tobacco products, nicotine products, cigarettes, or vapor products, or to misrepresent their identity or age, or to use any false or altered identification, for the purpose of purchasing tobacco products, nicotine products, cigarettes, or vapor products.
(b) 
Possession by minors prohibited. It shall be unlawful for any person under the age of 18 years to possess any tobacco products, nicotine products, cigarettes, or vapor products, provided that the possession by a person under the age of 18 years under the direct supervision of the parent or legal guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited.
(c) 
State statutes adopted. The provisions of §§ 254.92, 134.66, 139.75(14), and 778.25(1)(a), Wis. Stats., are adopted by reference and incorporated herein.
(3) 
On school premises.
(a) 
Prohibition. It is unlawful for any person to use any tobacco product, nicotine product, cigarettes, or vapor products on the premises owned or rented by, or under the control of, the Mount Horeb Area School District.
(b) 
Exception. The School Board of the Mount Horeb Area School District may allow the use of tobacco products, nicotine products, cigarettes, and vapor products on premises owned by the School District and rented to another person for noneducational purposes.
(1) 
The Village Board, under § 106.50, Wis. Stats., endorses the concepts of fair and open housing for all persons and prohibition of discrimination, and adopts such statute and all subsequent amendments.
(2) 
The officials and employees of the Village shall assist in the orderly prevention and removal of all discrimination in housing within the Village by implementing the authority and enforcement procedures set forth in § 106.50, Wis. Stats.
(3) 
The Village Clerk shall maintain complaint forms for filing under § 106.50, Wis. Stats., and shall assist any person alleging a violation in the Village to file a complaint with the Wisconsin Department of Workforce Development for enforcement.
[Added 9-4-2002 by Ord. No. 2002-25; amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(1) 
No person shall possess 25 grams or less of marijuana, as defined in § 961.01(14), Wis. Stats., unless it was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by Ch. 961, Wis. Stats.
(2) 
For purposes of this section, the following definition shall apply:
PRACTITIONER
(a) 
A physician, dentist, veterinarian, podiatrist, scientific investigator or other person licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled substance in the course of professional practice or research in the State of Wisconsin.
(b) 
A pharmacy, hospital or other institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of professional practice or research in the State of Wisconsin.
(3) 
This section does not apply to any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of any amount of marijuana, in the State of Wisconsin.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
Except as otherwise provided, the penalty for violations of the provisions of this chapter shall be as provided in § 25.04 of this Municipal Code.