[HISTORY: Adopted by the Common Council of
the City of Lodi as §§ 15.01 to 15.171, 15.19 to 15.29,
15.32, 15.33 to 15.35 and 15.90 of the City Code. Amendments noted
where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 104.
Animals — See Ch. 114.
Outdoor burning — See Ch. 134.
Cigarettes and tobacco products — See Ch. 144.
Direct merchants — See Ch. 156.
Intoxicating liquor and fermented malt beverages — See Ch. 204.
Nuisances — See Ch. 234.
Vehicles and traffic — See Ch. 325.
A.
Acts prohibited.
(1)
No person shall endanger another's safety by reckless
conduct in the operation or handling of a firearm, air gun, knife
or bow and arrow.
(2)
No person shall operate or go armed with a firearm,
air gun, knife or bow and arrow while he is under the influence of
an intoxicant or a controlled substance as that term is defined in
Ch. 961, Wis. Stats.
[Amended 10-10-2006 by Ord. No. A-361]
(3)
No person shall intentionally point a firearm, air
gun, knife or bow and arrow at or toward another person.
(5)
No person shall shoot a bow and arrow or crossbow
within or across any public street or within or across any property
owned or leased by the City of Lodi, unless granted permission to
do so by the Common Council.
[Amended 6-3-2014 by Ord. No. A-469]
(6)
Within the municipal boundary of the City of Lodi, no person shall
discharge an arrow from a bow or bolt from a crossbow on or across
any property owned or leased by the City of Lodi or dedicated to the
municipality or within 100 feet of any building without the written
advance permission of the landowner.
[Added 6-3-2014 by Ord. No. A-469]
(7)
Within the municipal boundary of the City of Lodi, no person shall
discharge an arrow from a bow or bolt from a crossbow other than towards
the ground.
[Added 6-3-2014 by Ord. No. A-469]
B.
"Reckless conduct" defined. Reckless conduct consists
of an act which creates a situation of unreasonable risk and high
probability of death or great bodily harm to another and which demonstrates
a conscious disregard for the safety of another and a willingness
to take chances of perpetrating an injury.
[Amended 9-19-2023 by Ord. No. A-563]
A.
Purpose. This section shall regulate the possession, sale and use
of fireworks within the City limits. It shall constitute a local regulation
adopted pursuant to § 167.10(5), Wis. Stats.
B.
CITY or CITY LIMITS
DWELLING
FIRE CHIEF
FIREWORKS
POSSESS
USE
Definitions. The following definitions shall apply to the application
of this section:
All land located within the corporate limits of the City
of Lodi.
A place of residence for human inhabitants and shall include
all single-family and multiple-family residences and all other structures
used for human habitation.
The duly appointed Fire Chief of the City of Lodi.
Fireworks are defined as provided in § 167.10(1),
Wis. Stats.
To have in one's possession, to own, hold on consignment
or otherwise to be physically and/or legally in control of fireworks.
Any of the permitted purposes for fireworks set forth at
§ 167.10(3)(b)2 to 6, Wis. Stats., together with all other
types of use, including but not limited to explosions, emission of
sparks, or combustion.
C.
Possession, sale and use of fireworks limited. Except as otherwise
allowed by this section, no person may possess, sell, or use fireworks
in the City.
D.
Sale of fireworks. No person shall sell or possess with intent to
sell fireworks within the City limits.
E.
Permits for possession and use of fireworks.
(1)
No person shall possess with the intent to use or use fireworks in
the City unless, prior to the purchase or other procurement of fireworks,
a user's permit shall have been issued to such person by the
Mayor, or designee. Only the following persons shall be eligible for
issuance of a possession/use permit:
(2)
Fee. The fee for each permit shall be set by the City Council.
(3)
Liability and insurance. No permit under this subsection shall be
issued until the applicant has filed with the City Clerk a certificate
of liability insurance and an additional insured endorsement naming
the City of Lodi as an additional insured, in the amount of $1,000,000
for bodily injury to one person; $2,000,000 for injury to more than
one person; and $1,000,000 for damage to property, and has agreed
in writing to indemnify and hold the City of Lodi harmless from any
claims or liability, including attorney fees and other defense costs,
which may arise from the applicant's possession, use, or display
of fireworks.
(4)
Permits. A permit shall specify all the following:
(a)
The name of the organization, group, or association, address,
business telephone numbers, and business email addresses.
(b)
The full name, address, telephone number, and email address
of the applicant who will be primary contact and permit holder.
(c)
The full name, address, telephone number, and email address
of the secondary contact.
(d)
The date on and after which fireworks may be purchased.
(e)
The general kind and approximate quantity of fireworks which
may be purchased.
(f)
Fireworks storage location.
(g)
The date or dates, hours, and location of permitted use.
F.
Notification of Fire Chief. A copy of each user's permit issued
shall be given to the Fire Chief by the permit holder at least two
days prior to the date of authorized use.
G.
Storage and handling.
(1)
No person possessing fireworks may store or handle fireworks in premises
which are not equipped with fire extinguishers approved by the Fire
Chief, or designee. In addition, the following criteria shall govern
storage and handling:
(a)
No person may smoke where fireworks are stored or handled.
(b)
Prior to any person storing or handling fireworks in the City,
the Fire Chief shall be notified.
(c)
No fireworks shall be stored or handled within 200 feet of a
dwelling.
(d)
No person may store or handle fireworks within 200 feet of a
public assemblage or place where gasoline or volatile liquid is dispensed
in quantities exceeding one gallon.
H.
Violations and penalties.
(1)
Any person violating any of the provisions of this section shall be subject to a forfeiture as prescribed by § 1-3 of this Code, together with the costs of prosecution.
(2)
Pursuant to § 167.10(8)(b), Wis. Stats., fireworks stored,
handled, sold, possessed or used by a person in violation of this
section may be seized by the Police Department, held as evidence,
and destroyed after conviction.
(3)
Upon request of the Police Department, the City Attorney may seek
injunctive relief against present or future violations of this section.
(4)
Absolute sobriety is required of the permit holder and of any other
person using fireworks under this permit.
(5)
The City of Lodi reserves the right to void any fireworks permit,
at any time, for either of the following:
No person shall leave outside any building or
dwelling in a place accessible to children any abandoned, unattended,
or discarded icebox, refrigerator or any other container of any kind
which has snap locks or other device thereon without first removing
said snap locks, doors, or other locking device from said icebox,
refrigerator, or container.
No person shall, within the City, in a public
or private place, engage in violent, abusive, indecent, profane, boisterous,
unreasonably loud, or otherwise disorderly conduct under circumstances
in which such conduct tends to cause or provoke a disturbance.
No person shall, with intent to intimidate another
person, do any of the following within the City:
No person shall, within the City, be so intoxicated
as to disturb the good order and quiet of the City or be found in
any place within the City in such a state of intoxication that he
is unable to care for his own safety or for the safety of others.
No person shall make or cause to be made any
loud or 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.
No person shall, without reasonable excuse or
justification, resist or interfere with any officer of the City or
refuse to obey any lawful order given by such officer while such officer
is doing any act in his official capacity and with lawful authority.
All forms of gambling, lotteries and fraudulent
devices and practices are prohibited within the City. Any peace officer
or policeman of the City is hereby authorized to seize anything devised
solely for gambling within the City and to dispose thereof after a
judicial determination that said device was used solely for gambling
or found in actual use for gambling.
[Amended 10-10-2006 by Ord. No. A-361]
No person shall use any indecent, vile, profane
or obscene language or conduct himself in any indecent, lewd, lascivious
or obscene manner within the City.
A.
It shall be unlawful for any person to intentionally
cause damage to any physical property of another without the person's
consent.
B.
It shall be unlawful for any person to intentionally
cause damage to any physical property belonging to the City of Lodi
or its departments without the consent of the proper authority.
C.
Where more than one item of property is damaged pursuant
to a single intent and design, the damage to all the property may
be prosecuted as a single offense.
D.
Graffiti.
(1)
"Graffiti" shall mean any writing, printing, marks,
symbols, figures, designs, inscriptions, or other drawings which are
scratched, scrawled, painted, drawn or otherwise placed on any surface
of a building, wall, fence, sidewalk, curb or other structure on public
or private property which have the effect of defacing the property.
(2)
It shall be unlawful to intentionally scratch, scrawl,
paint, draw or otherwise place any graffiti on the public or private
property of another.
(3)
It shall be unlawful for any person to intentionally
mark, draw, or write with paint, ink or another substance on or intentionally
etch into the physical property of another without the other person's
consent.
A.
Off premises. No person shall consume intoxicating
liquor or fermented malt beverages or carry about an open container
of intoxicating liquor or fermented malt beverage outside a licensed
tavern or off the premises of an established picnic area where such
possession and consumption are not prohibited. This subsection shall
not apply to any person or persons on private property with the permission
of the owner or occupant of said property.
B.
Parked vehicles. No person shall consume any intoxicating
liquor or fermented malt beverages or have in his possession or control
any open container of intoxicating liquor or fermented malt beverages
while in a vehicle parked on a public thoroughfare or any public parking
lot.
C.
Open containers in vehicles prohibited. No person
shall possess or permit to be possessed in any moving or parked vehicle
under his control any open containers of intoxicating liquor or fermented
malt beverages.
D.
Alcohol beverages; restrictions relating to underage
persons. No person may procure for, sell, dispense or give away any
alcoholic beverages to any underage person not accompanied by his
or her parent, guardian or spouse who has attained the legal drinking
age.
[Added 5-2-2006 by Ord. No. A-357]
[Added 12-2-2014 by Ord.
No. A-479]
A.
Restrictions pursuant to § 125.07(4)(b) and (bm), Wis.
Stats. No underage person not accompanied by his or her parent, guardian,
or spouse who has not attained the legal drinking age may knowingly
possess or consume alcoholic beverages.
B.
Exceptions. An underage person may possess alcoholic beverages in
the course of employment during his or her working hours if employed
by any of the following:
(1)
A brewer or brewpub.
(2)
A fermented malt beverage wholesaler.
(3)
A permittee other than a Class "B" or "Class B" permittee.
(4)
A retail licensee or permittee under conditions specified in
Chapter 125.32(2), Wis. Stats., or § 125.68(2), Wis. Stats.,
or for delivery of unopened containers to the home or vehicle of a
customer.
(5)
Selling or serving alcoholic beverages. Pursuant to § 125.32(2),
Wis. Stats., or § 125.68(2), Wis. Stats., any underage person
who is at least 18 years of age may sell or serve alcoholic beverages
on any Class A or Class B premises provided that such underage person
is under the direct and immediate supervision of the licensee, agent
or manager, or a licensed operator who is on the premises at the time
of such sale or service.
It shall be unlawful for any person without
permission and for the purpose of obtaining electrical current, gas
or water with intent to defraud any vendor of electricity, gas or
water to do any of the following:
A.
Connect or cause to be connected by wire or other
device with a wire, cable or conductor of any such vendor.
B.
Connect or disconnect the meters, pipes or conduits
of the vendor or in any other manner tamper or interfere with the
meters, pipes or conduits, or connect with the meters, pipes or conduits
or other instruments.
A.
LOITERING
PUBLIC PLACE
Definitions. For purposes of this section, the following
terms are defined:
Remaining idle in essentially one location and shall include
the concept of spending time idly; to be dilatory; to linger; to stay;
to saunter; to delay; to stand around; and shall also include the
colloquial expression "hanging around."
Any place to which the general public has access and a right
to resort for business, entertainment, or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. It shall also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, areas or parks.
B.
Conduct which obstructs or interferes with free and
uninterrupted flow of vehicles, traffic or pedestrians may include,
without limitation because of enumeration, actions or language which
is so offensive to the general public as to make it undesirable for
the general public to pass through or near the area where such conduct
is taking place.
C.
Acts prohibited.
(1)
It shall be unlawful for any person to loiter, loaf,
wander, stand or remain idle either alone and/or in consort with others
in a public place in such manner so as to:
(a)
Obstruct any public street, public highway,
public sidewalk or any other public place or building by hindering
or impeding or tending to hinder or impede the free and uninterrupted
passage of vehicles, traffic or pedestrians.
(b)
Commit in or upon any public street, public
place or building any act or thing which is an obstruction or interference
to the free and uninterrupted use of property or with any business
lawfully conducted by anyone in or upon or facing or fronting on any
such public street, public highway, public sidewalk or any other public
place or building, all of which prevents the free and uninterrupted
ingress, egress, and regress therein, thereof and thereto.
(2)
When any person causes or commits any of the conditions enumerated in Subsection C(1) herein, a police officer or any law enforcement officer may order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails or refuses to obey such orders shall be guilty of a violation of this section.
[Amended 10-10-2006 by Ord. No. A-361]
(3)
Any person who having once been advised by a law enforcement
officer that a particular type of conduct is a violation shall upon
any future repetitions of the same or essentially similar conduct
be guilty of a violation of this section, and the police will not
be under a duty in such case to first order the person to stop his
conduct or disperse.
It shall be unlawful for any person to sit, stand, lie on or lean against any vehicle without the express consent of the owner. Even with the consent of the owner such conduct may constitute a violation of § 253-16 of the Code if the conditions therein required are met.
A.
UNLAWFUL ASSEMBLY
For purposes of this section, the following terms
are defined:
An assembly which consists of three or more persons and which
causes such a disturbance of public order that it is reasonable to
believe that the assembly will cause injury to persons or damage to
property unless it is immediately dispersed. "Unlawful assembly" includes
but is not limited to an assembly of persons who assemble for the
purpose of blocking or obstructing the lawful use by any other person
or persons of any private or public thoroughfares, property or of
any positions of access or exit to or from any private or public building
or dwelling place, or any portion thereof, and which assembly does
in fact so block or obstruct the lawful use by any other person or
persons of any such private or public thoroughfares, property or any
position of access or exit to or from any private or public building
or dwelling place, or any portion thereof.
B.
Whoever intentionally fails or refuses to withdraw
from an unlawful assembly which he knows has been ordered to disperse
by a law enforcement officer shall be guilty of a violation of this
section.
It shall be unlawful for any person to disturb
the peace or good order of the City of Lodi in any manner by operation
of a motor vehicle.
A.
No person shall operate a motor vehicle so as to cause
unreasonable and excessive noise levels within the corporate limits
of the City of Lodi, whether by excessive acceleration or braking
causing the tires to squeal, by excessive horn blowing, by excessive
racing of the motor, by having a modified or inadequately maintained
exhaust or braking system, or by any other means.
B.
Excessive noise caused by emergency situation maneuvers
is not a violation of this section when the operator is attempting
to avoid a collision with a pedestrian, animal, fixed object or other
motor vehicle.
C.
Emergency situations are defined as circumstances
which could not reasonably be foreseen by an alert motor vehicle operator.
A.
CRIMINAL GANG
CRIMINAL GANG ACTIVITY
PATTERN OF CRIMINAL GANG ACTIVITY
UNLAWFUL ACT
Definitions. For purposes of this section, the following
terms are defined:
An ongoing organization, association or group of three or
more persons, whether formal or informal, that has as one of its primary
activities the commission of one or more criminal or unlawful acts,
or acts that would be criminal or unlawful if the actor were adult,
specified in § 939.22(21)(a) to (s), Wis. Stats., or in
this chapter, that has a common name or common identifying sign or
symbol and whose members individually or collectively engage in or
have engaged in a pattern of criminal gang activity.
The commission of, attempt to commit or solicitation to commit
one or more of the crimes, or acts that would be crimes if the actor
were an adult, listed in § 941.38(1)(b), Wis. Stats., or
other unlawful acts committed for the benefit of, at the direction
of or in association with any criminal gang, with the specific intent
to promote, further or assist in any criminal or unlawful conduct
by criminal gang members.
Has the same meaning as the definition in § 939.22(21),
Wis. Stats.
Includes a violation of any of the sections of this chapter
or any criminal act or act that would be criminal if the actor were
an adult.
B.
Unlawful activity.
(1)
It is unlawful for any person to engage in criminal
gang activity.
(2)
It is unlawful for any person to solicit or attempt
to solicit a person who has not attained the age of 18 years to commit
or attempt to commit any violation of the provisions of this section
or any one or more of the sections of this chapter.
(3)
It is unlawful for any person to solicit or attempt
to solicit a person who has not attained the age of 18 years to participate
in criminal gang activity.
(4)
It is unlawful for any person to solicit or attempt
to solicit a person who has not attained the age of 18 years to join
a criminal gang.
A.
It shall be unlawful for any person under 18 years of age to be on foot, cycle, or in or on any type of vehicle or otherwise present in or on any public avenue, highway, road, alley, park, school grounds, swimming pool, cemetery, playground, public building, or any other public place in the City between the hours designated as follows, unless accompanied by his or her parent or guardian, or other adult person having lawful custody and control of his or her person, or unless a lawful exception exists under Subsection C hereof. The fact that said child, unaccompanied by a parent, guardian, or other adult person having legal custody, is found in or on any such public place during the aforementioned hours shall be prima facie evidence that said child is there unlawfully and that no lawful exception to this section exists.
B.
When used in this section, the term "public place"
includes but is not limited to buildings open to the general public,
including those which serve food or drinks or provide entertainment
and the grounds thereof, and any public or private parking lots or
vacant lots.
C.
Hours. The hours referred to in this section when
persons under age 18 shall not be present in or on the places referred
to are as follows:
D.
Exceptions.
(1)
This section shall not apply to a child:
(a)
Who is performing an errand as directed by his
parent, guardian, or adult person having lawful custody.
(b)
Who is on his own premises or in the areas immediately
adjacent thereto.
(c)
Whose employment makes it necessary to be upon
the streets, alleys, or public places or in any motor vehicle during
such hours.
(d)
Who is returning home from a supervised school,
church, or civic function.
(e)
Who is engaged in activities protected by the
First Amendment of the Constitution of the United States.
[Added 11-7-2006 by Ord. No. A-363]
(2)
These exceptions shall not, however, permit a child
to unnecessarily loiter about the streets, alleys, or public places
or be in a parked motor vehicle on the public streets.
(3)
Violations of this section shall be limited to only
those circumstances where an officer has reason to believe that no
defense or exception to the section applies.
[Added 11-7-2006 by Ord. No. A-363]
E.
It shall be unlawful for any parent, guardian, or
other adult person having the lawful care, custody, and control of
any person under 18 years of age to allow or permit such person to
violate the provisions of this section. The fact that prior to the
present offense a parent, guardian, or custodian was informed by any
law enforcement officer of a separate violation of this section occurring
within 30 days of the present offense shall be prima facie evidence
that such parent, guardian, or custodian allowed or permitted the
present violation. Any parent, guardian, or custodian who shall have
made a missing person notification to the Police Department shall
not be considered to have allowed or permitted the child who was reported
missing to violate this section with respect to violations occurring
while the child is subject to the missing person report.
F.
It shall be unlawful for any person, firm, or organization
operating or in charge of any place of amusement, entertainment, refreshment,
or other place of business to permit any minor under 18 years of age
to be present in or on the grounds of such place in violation of this
section. Whenever the owner or person in charge or in control of any
place of amusement, entertainment, refreshment, or other place of
business shall find person under 18 years of age present in or on
the grounds of such place of business during the hours prohibited
by this section, and no lawful exception appears to exist, he shall
immediately order such person to leave, and if such person refuses
to leave said place of business, the operator shall immediately notify
the Police Department and inform it of the violation.
No person shall intentionally enter the locked
and enclosed portion or compartment of the vehicle of another without
consent and with intent to steal therefrom.
A.
It shall be unlawful for any person to intentionally
enter a locked coin box of another without consent and with intent
to steal therefrom.
B.
It shall be unlawful for any person to have in his
personal possession any device or instrumentality intended, designed
or adapted for use in breaking into any coin box, with intent to use
the device or instrumentality to break into a coin box and steal therefrom.
C.
In this section, "coin box" means any device or receptacle
designed to receive money or anything of value. The term includes
a depository box, parking meter, vending machine, pay telephone, money-changing
machine, coin-operated phonograph and amusement machine if they are
designed to receive money or other thing of value.
[Amended 9-18-2012 by Ord. No. A-438]
A.
Section 943.13, Wis. Stats., Trespass to land, is adopted in its entirety, to secure to the extent legally practicable uniform statewide regulation of conduct and to insure peace and good order. The penalty for violation thereof shall be limited to forfeitures. Any person who violates this section shall be subject to a penalty as prescribed herein, § 23-4.
B.
Also adopted by reference are all future amendments,
revisions or modifications of § 943.13, Wis. Stats., Trespass
to land.
It shall be unlawful for any person to intentionally
enter the dwelling of another without the consent of some person lawfully
upon the premises, under circumstances tending to create or provide
a breach of the peace.
A.
Acts prohibited.
(1)
It shall be unlawful for any person to intentionally
take and carry away, use, transfer, conceal, or retain possession
of moveable property of another without his consent and with intent
to deprive such person permanently of possession of such property.
[Amended 10-10-2006 by Ord. No. A-361]
(2)
It shall be unlawful for any person to intentionally
take and carry away, use, transfer, conceal, or retain possession
of moveable property belonging to the City of Lodi or its departments
without the consent of the proper authority and with intent to deprive
the City of its departments permanently of possession of such property.
B.
MOVEABLE PROPERTY
PROPERTY
Definitions. For purposes of this section, the following
terms are defined:
Property whose physical location can be changed, without
limitation including electricity, gas, documents which represent or
embody intangible rights, and things growing on, affixed to or found
in land.
All forms of tangible property, whether real or personal,
without limitation including electricity, gas and documents which
represent or embody a chose in action or other intangible rights.
A.
No person shall intentionally alter indicia of price
or value of merchandise or take and carry away, transfer, conceal
or retain possession of merchandise held for resale by a merchant
without his consent and with intent to deprive the merchant permanently
of possession, or the full purchase price, of such merchandise.
B.
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.
C.
A merchant or merchant's adult employee who has probable
cause for believing that a person has violated this section in his
presence may detain such person in a reasonable manner for a reasonable
length of time to deliver him to a peace officer, or to his parent
or guardian in the case of a minor. The detained person must be promptly
informed of the purpose for the detention and be permitted to make
phone calls, but he shall not be interrogated or searched against
his will before the arrival of a peace officer who may conduct a lawful
interrogation of the accused person.
A.
If shall be unlawful for any person to intentionally
take and carry away, transfer, conceal, or retain possession of any
library material without the consent of a library official, agent
or employee and with intent to deprive the library of permanent possession
of the material.
(1)
The concealment of library material beyond the last
station for borrowing library material in a library is evidence of
intent to deprive a library of possession of the material. The discovery
of library material which has not been borrowed in accordance with
the library procedures or taken without consent of a library official,
agent or employee and which is concealed upon the person or among
the belongings of the person or concealed by a person upon the person
or among the belongings of another is evidence of intentional concealment
on the part of a person so concealing the material.
(2)
An official or adult employee or agent of a library
who has probable cause for believing that a person has violated this
section in his or her presence may detain the person in a reasonable
manner for a reasonable length of time to deliver the person to a
peace officer, or to the person's parent or guardian in the case of
a minor. The detained person shall be promptly informed of the purpose
for the detention and be permitted to make phone calls but shall not
be interrogated or searched against his or her will before the arrival
of a peace officer who may conduct a lawful interrogation of the accused
person.
B.
It shall be unlawful for any person who has properly
borrowed library material to fail to return such material to the library
by the date the material was due to be returned. A person shall be
considered to have violated this subsection when:
(1)
The date the materials were due back has passed and
a letter has been sent by the library staff to the borrower's address
as shown on the library records demanding return of the materials
or payment of the replacement cost thereof; and
(2)
More than 14 days have elapsed from the mailing of
such letter without the materials having been returned or, if the
materials have been lost, without the library's cost to replace the
materials having been paid by the borrower.
A.
No person shall issue any check or other order for
the payment of money which, at the time of issuance, he intends shall
not be paid.
B.
Any of the following is prima facie evidence that
the person at the time he or she issued the check or other order for
the payment of money intended it should not be paid.
(1)
Proof that, at the time of issuance, the person did
not have an account with the drawee;
(2)
Proof that, at the time of issuance, the person did
not have sufficient funds or credit with the drawee and that the person
failed within five days after receiving notice of nonpayment or dishonor
to pay the check or other order; or
(3)
Proof that, when presentment was made within a reasonable
time, the person did not have sufficient funds or credit with the
drawee and the person failed within five days after receiving notice
of nonpayment or dishonor to pay the check or other order.
A.
Acts prohibited. It shall be unlawful for any person
to possess, use, sell or deliver 25 grams or less of marijuana or
a marijuana derivative.
[Amended 10-10-2006 by Ord. No. A-361]
B.
Definition. "Marijuana" means all parts of the plant
Cannabis sativa L, whether growing or not, the seeds thereof, the
resin extracted from any part of the plant, every compound, manufacture,
salt, derivative, mixture or preparation of the plant, its seeds or
resin.
C.
Exception. This section 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 professional practice.
A.
DRUG PARAPHERNALIA
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
[10]
[11]
[12]
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(2)
PRIMARILY
Definitions. For purposes of this section, the following
terms are defined:
All equipment, products and materials of any kind which are used, intended for use, or designed 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, as defined in Ch. 961, Wis. Stats. (hereinafter "controlled substance"), in violation of Ch. 961, Wis. Stats., or § 253-31 of this chapter.
[Amended 10-10-2006 by Ord. No. A-361]
It includes, but is not limited to:
Kits used, intended for use or designed for
use in planting, propagating, cultivating, growing or harvesting of
any species of plant which is a controlled substance or from which
a controlled substance can be derived.
Kits used, intended for use or designed for
use in manufacturing, compounding, converting, producing, processing
or preparing controlled substances.
Isomerization devices used, intended for use
or designed for use in increasing the potency of any species of plant
which is a controlled substance.
Testing equipment used, intended for use or
designed for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances.
Scales and balances used, intended for use or
designed for use in weighing or measuring controlled substances.
Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use or
designed for use in cutting controlled substances.
Separation gins and sifters used, intended for
use or designed for use in removing twigs and seeds from, or in otherwise
cleaning or refining, marijuana.
Blenders, bowls, containers, spoons and mixing
devices used, intended for use or designed for use in compounding
controlled substances.
Capsules, balloons, envelopes or other containers
used, intended for use or designed for use in packaging small quantities
of controlled substances.
Containers and other objects used, intended
for use or designed for use in storing or concealing controlled substances.
Objects used, intended for use or designed for
use in ingesting, inhaling or otherwise introducing marijuana, cocaine,
hashish or hashish oil into the human body, including but not limited
to:
Metal, wooden, acrylic, glass, stone, plastic
or ceramic pipes with or without screens, permanent screens, hashish
heads or punctured metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
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.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chilams.
Bongs.
Ice pipes or chillers.
Chiefly or mainly.
B.
Determination of drug paraphernalia. In determining
whether an object is drug paraphernalia, the following should be considered:
[Amended 10-10-2006 by Ord. No. A-361]
(1)
Statements by an owner or by anyone in control of
the object concerning its use.
(2)
The proximity of the object in time and space to a direct violation of Ch. 961, Wis. Stats., or § 253-31 of this chapter.
(3)
The proximity of the object to controlled substances.
(4)
The existence of any residue of controlled substances
on the object.
(5)
Direct or circumstantial evidence of the intent of an owner or of anyone in control of the object to deliver it to persons whom the person knows, or should reasonably know, intend to use the object to facilitate a violation of Ch. 961, Wis. Stats., or § 253-31 of this chapter. The innocence of an owner or of anyone in control of the object as to a direct violation of Ch. 961, Wis. Stats., or § 253-31 of this chapter shall not prevent a finding that the object is intended for use or designed for use as drug paraphernalia.
(6)
Oral or written instructions provided with the object
concerning its use.
(7)
Descriptive materials accompanying the object which
explain or depict its use.
(8)
Local advertising concerning its use.
(9)
The manner in which the object is displayed for sale.
(10)
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.
(11)
The existence and scope of legitimate uses for
the object in the community.
(12)
Expert testimony concerning its use.
C.
Prohibited activities.
(1)
Possession of drug paraphernalia. No person may use, or possess with 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 in violation of Ch. 961, Wis. Stats., or § 253-31 of this chapter.
(2)
Manufacture or delivery of drug paraphernalia. No person may deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing that it will be 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 in violation of Ch. 961, Wis. Stats., or § 253-31 of this chapter.
[Amended 10-10-2006 by Ord. No. A-361]
(3)
Advertisement of drug paraphernalia. No person may
place in any newspaper, magazine, handbill or other publication any
advertisement, knowing that the purpose of the advertisement, in whole
or in part, is to promote the sale of objects designed or intended
for use as drug paraphernalia.
[Amended 10-10-2006 by Ord. No. A-361]
D.
Exemption. This section does not apply to manufacturers,
practitioners, pharmacists, owners of pharmacies and other persons
whose conduct is in accordance with Ch. 961, Wis. Stats. This section
does not prohibit the possession, manufacture or use of hypodermics,
in accordance with Ch. 961, Wis. Stats.
A.
Acts prohibited.
(1)
It shall be unlawful for any person, except as provided in Subsection B hereof, to be present in any school building or on any school grounds located in the City of Lodi without the permission of the school principal, custodian or other person in charge thereof.
(2)
It shall be unlawful for any person to refuse to leave
any school building or school grounds located within the City of Lodi
after being requested to leave by the school principal, custodian
or other person in charge thereof.
B.
Exceptions. Subsection A(1) of this section shall not apply to:
(1)
Students regularly enrolled in schools located within
the City of Lodi who have not been suspended, expelled or subjected
to other discipline excluding them from attending any school located
within the City of Lodi.
(2)
Students regularly enrolled in schools located within
the City of Lodi who have not been properly ordered by the school
principal, custodian or other person in charge thereof to leave the
school building or school grounds.
(3)
Persons coming into the school building or grounds
for the purpose of attending scheduled school or civil functions or
making use of the recreational facilities located upon or within school
premises, but as to such attendance or use this exception shall apply
only to the portion of the premises on which such facilities are located
and during the hours such facilities are specifically open to the
general public or an invited portion thereof.
(4)
Persons coming into the school building or grounds
for the purpose of securing authorization to be in said school building
or upon said school grounds.
(5)
Parents or legal guardians of a regularly enrolled
student, provided that said persons obtain permission from the school
to be in said school building or upon said school grounds.
It shall be unlawful for any person to do any
of the following:
A.
With intent to frighten, intimidate, threaten, abuse
or harass, make a telephone call and threaten to inflict injury or
personal harm to any person or the property of any person.
B.
With intent to frighten, intimidate, threaten, abuse,
harass or offend, telephone another and use any obscene, lewd or profane
language or suggest any lewd or lascivious act.
C.
Make or cause the telephone of another repeatedly
to ring, with intent to harass any person at the call number.
D.
Make repeated telephone calls, whether or not conversation
ensues, with intent solely to harass any person at the call number.
E.
Make a telephone call, whether or not conversation
ensues, without disclosing his or her identity and with intent to
abuse, threaten or harass any person at the call number.
F.
Knowingly permit any telephone under his or her control
to be used for any purpose prohibited by this section.
[Added 8-18-2015 by Ord.
No. A-490]
A.
In this section, "message" means any transfer of signs, signals,
writing, images, sounds, data or intelligence of any nature, or any
transfer of a computer program.
B.
In this section "computer program" means an ordered set of instructions
or statements that, when executed by a computer, causes the computer
to process data.
C.
It shall be unlawful for any person to do any of the following:
(1)
With intent to frighten, intimidate, threaten, abuse or harass
another person, sends a message to the person on an electronic mail
or other computerized communication system and in that message threatens
to inflict injury or physical harm to any person or the property of
any person.
(2)
With intent to frighten, intimidate, threaten, abuse or harass
another person, sends a message on an electronic mail or other computerized
communication system with the reasonable expectation that the person
will receive the message, and in that message threatens to inflict
injury or physical harm to any person or the property of any person.
(3)
With intent to frighten, intimidate, threaten or abuse another
person, sends a message to the person on an electronic mail or other
computerized communication system and in that message uses any obscene,
lewd or profane language or suggests any lewd or lascivious act.
(4)
With intent to frighten, intimidate, threaten or abuse another
person, sends a message on an electronic mail or other computerized
communication system with the reasonable expectation that the person
will receive the message and in that message uses any obscene, lewd
or profane language, or suggests any lewd or lascivious act.
(5)
With intent to frighten, intimidate, threaten or abuse another
person, sends a message to the person on an electronic mail or other
computerized communication system while intentionally preventing or
attempting to prevent the disclosure of his or her own identity.
(6)
While intentionally preventing or attempting to prevent the
disclosure of his or her identity and with intent to frighten, intimidate,
threaten or abuse another person, sends a message on an electronic
mail or other computerized communication system with the reasonable
expectation that the person will receive the message.
It shall be unlawful for any person to do any
of the following with intent to prevent the identification of the
property involved:
A.
Alter or remove any identification mark on any log
or other lumber without the consent of the owner.
B.
Alter or remove any identification mark from any receptacle
used by the manufacturer of any beverage.
C.
Alter or remove any manufacturer's identification
number on any personal property or possess any personal property with
knowledge that the manufacturer's identification number has been removed
or altered. Possession of two or more similar items of personal property
with the manufacturer's identification number altered or removed is
prima facie evidence of knowledge of the alteration or removal and
of an intent to prevent identification of the property.
A.
Whoever attempts to commit an act prohibited by this
chapter may be required to forfeit amounts not to exceed 1/2 the maximum
penalty for the completed act.
B.
An attempt to commit an act prohibited by this chapter
requires that the actor have an intent to perform acts and attain
a result which, if accomplished, would constitute a violation of this
chapter and that he does acts towards the commission of the violation
which demonstrate unequivocally, under all the circumstances, that
he formed that intent and would commit the violation except for the
intervention of another person or some other extraneous factor.
A.
Whoever is concerned in the commission of an act prohibited
by this chapter is a principle and may be charged with and convicted
of the commission of said act although he did not directly commit
it and although the person who directly committed it has not been
convicted or has been convicted of some other act prohibited by this
chapter.
B.
A person is concerned in the commission of an act
prohibited by this chapter if he directly commits the act, intentionally
aids and abets the commission of it, or is a party to a conspiracy
with another to commit it or advises, hires, counsels or otherwise
procures another to commit it. Such a party is also concerned in the
commission of any other act which is committed in pursuance of the
intended violation and which under the circumstances is the natural
and probable consequence of the intended violation. This subsection
does not apply to a person who voluntarily changes his mind and no
longer desires that the act be committed and notifies the other parties
concerned of his withdrawal within a reasonable time before the commission
of the violation so as to allow the others also to withdraw.
A.
Stipulation of guilt or no contest. Stipulation of
guilt or no contest may be made by persons arrested for violation
of this chapter in accordance with § 66.0114(1)(b), Wis.
Stats. Stipulations shall conform to the form contained on the Columbia
County Uniform Ordinance Citation. Stipulations may be accepted by
the City Police Department.
B.
Deposits. Any person stipulating guilt or no contest under Subsection A shall deposit a forfeited penalty as provided in a schedule established by the Chief of Police and approved by the Common Council. Deposits may be brought or mailed to the office of the Police Department as directed by the arresting officer.
A.
General penalty.
(2)
In addition to any penalty imposed for violation of any provision of this chapter, any person who shall cause physical damage to or destroy any public or private property in violation of § 253-13 of this chapter shall be liable for the cost of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 253-13 of this chapter may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.
[Added 3-4-2008 by Ord. No. A-392]
A.
No unauthorized use. It shall be unlawful for any
person to make an unauthorized connection, whether physically, electrically,
acoustically, inductively or otherwise, with any part of a video system
within the City of Lodi for the purpose of receiving any television
signal, radio signal, video signal, picture, programs or sound without
payment to the provider.
B.
Tampering. It shall be unlawful for any person, without
the provider’s consent, to willfully tamper with, remove or
injure any cables, wires or equipment used by a grantee for distribution
of television signals, radio signals, video signals, pictures, programs
or sound.
[Added 1-18-2011 by Ord. No. A-414]
A.
Possession, use, and sale are illegal. It shall be illegal for any
person to use, possess, purchase, attempt to purchase, sell, publicly
display for sale or attempt to sell, give or barter any material,
chemical, compound, mixture, or preparation that is intended to have
the same or similar effects of the controlled substance marijuana,
including but not limited to synthetic cannabinoids, JWH-018, JWH-073,
JWH-200, JWH-081, JWH-250, Hu-210; cannabicyclohexanol, cp 47, 497;
or any similar structural analogs commonly found in, referred to,
or marketed or sold under the names "K2," "K3," or "K4," "Spice,"
"Genie," "Yucatan Fire," "Fake, new or legal marijuana," or by any
other name, label, or description:
(1)
Salvia divinorum or salvinorin 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, 6-dimethyl-3 (2methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo[c]chromen-l-ol-some trade or other name;
HU-210;
(3)
1-Pentyl-3-(1-naphthoyl) indole-some trade or other name; JWH-018,
spice;
(4)
1-Butyl-3-(l-naphthoyl) indole-some trade or other name; JWH-073;
(5)
1-(3 {trifluoromethylphenyl}) piperazine-some trade or other name;
TFMPP;
(6)
1-[2-4(4-morpholinyl)ethyl] -3 -(1-naphthoyl) indole or trade name;
JWH-200;
(7)
2-(3-hydroxycyclohexyl)-5-(2-methylocatan-2-yl) phenol or trade names;
CP-47, 497;
(8)
4-methoxynaphthalen-1-yl-(1-pentylindol-3-yl) methanone or trade
name; JWH-081;
(9)
(1-pentyl-1H-indol-3-yl)-2-(2methoxyphenyl)-ethanone or trade name;
JWH-250;
(10)
Any similar structural analogs.
B.
Medical or dental use allowed. Acts otherwise prohibited under Subsection A of § 253-41 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 law.
[Added 6-5-2012 by Ord. No. A-431]
A.
No person shall place, throw, deposit or leave any glass, plastic,
cans, garbage, trash, rubbish, waste or filth, or other unwholesome
substance (hereinafter referred to as "litter"), upon the street,
alleys, highways, public parks, sidewalks or other property of the
City, or upon any private property not owned by him/her, or upon,
or into, any body of water or navigable waterway within the City.
A.1.
Dumping of refuse and grass in gutters prohibited.
No person shall deposit any refuse, leaves, or grass clippings in
any gutter, public street, road, alley or highway.
[Added 2-5-2013 by Ord. No. A-442]
B.
Litter from conduct of commercial enterprise.
(1)
Scope. The provisions of this subsection shall apply to all sales,
promotions and other commercial ventures that result in litter being
deposited on any street, alley or other public way.
(2)
Litter to be cleaned up. Any person, firm, corporation or association
carrying on an enterprise that results in litter being deposited on
any street, alley or other public way shall clean up the same within
12 hours of being deposited. If any such litter is subject to being
blown about, it shall be picked up immediately. If any such litter
is likely to attract animals or vermin, such litter shall be picked
up immediately.
(3)
Litter picked up at litterer's expense. If any person, firm, limited-liability
company, corporation or association fails to pick up any litter as
required herein, within the time specified, the City may remove, or
contract to have removed, the litter. The entire expense of picking
up such litter, together with an additional charge of 20% for administrative
expense, shall be charged to the person, firm, limited-liability company,
corporation or association that did the littering. If such sum is
not promptly paid, steps shall be taken, with the advice of the City
Attorney, to collect the same. This charge shall be in addition to
any forfeiture or other penalty for violation of this section.
C.
Enforcement. Law enforcement shall be responsible for the enforcement
of this section.
D.
Penalty. Any person, firm, limited-liability company, corporation or association may be subject to a penalty pursuant to § 1-3, Violations and penalties.
E.
Special charges. In addition to the penalties provided for the violation
of this section, the City may remove, or contract to have removed,
the litter. Any cost incurred by the City in order to remove the litter
shall be deemed a special charge for current services. If not paid
within 30 days of being invoiced, the special charge, together with
an additional charge of 20% shall be charged for administrative expense,
all to be deemed a special charge for current services. If not paid
within 30 days of being invoiced, the special charge, together with
interest calculated at the rate of 1 1/2% per month from the
date of the invoice, shall be a lien upon the property from which
the litter emanated, or upon the property owned by the person, firm,
limited-liability company, corporation or association responsible
for the litter. Said special charge shall be included in the current
or next tax roll for collection and settlement in accordance with
the provisions of §§ 66.0627 and 74.01(4) Wis. Stats.
[Added 9-18-2012 by Ord. No. A-438]
A.
No person except an authorized police officer shall discharge any
firearm within the City corporate limits unless the discharge of said
weapon is justified or, had it been subject to a defense described
in § 939.45, Wis. Stats.
B.
No person may go armed with a concealed weapon without a valid permit
issued by the State of Wisconsin or another state whose permit is
recognized by the State of Wisconsin or is an authorized police officer
or a former police officer duly authorized under § 175.49,
Wis. Stats. No person may go armed with a concealed weapon at any
of the following locations:
C.
No person except an authorized police officer shall go armed with
a weapon or a firearm (concealed or not concealed) at any of the following
locations:
(1)
Any portion of a building that is a police station or a municipal
courtroom or any other building that is restricted under the provisions
of § 175.60(16), Wis. Stats.
(2)
Any governmental building or facility that is posted under the provisions
of § 943.13, Wis. Stats.
(3)
Any location used for voting.
D.
It shall be unlawful for any person to enter or remain at a special
event if the organizers of the special event have notified the person
or persons not to remain at the special event while carrying a firearm
or that type of firearm. This section does not apply if the firearm
is in a vehicle driven or parked in the parking area.
