The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Village, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture, assessment and costs imposed under §
1-4 of this Code. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter.
A. General.
(1) Section
110.075(7), Motor vehicle inspection (producing/using inspection sticker
fraudulently).
(2) Section
125.09(2), Possession of alcohol beverages on school grounds prohibited.
(3) Section
134.06, Bonus to chauffeurs for purchases, forbidden.
(4) Section
134.65, Cigarette and tobacco products retailer license.
(5) Section
134.66, Restrictions on sale or gift of cigarettes or nicotine or
tobacco products.
(6) Section
167.10, Regulation of fireworks.
(7) Section
167.25, Refrigerators and iceboxes.
(8) Section
167.31, Safe use and transportation of firearms and bows.
(9) Section
167.35, Fire safety performance standards for cigarettes.
(10) Section
175.25, Storage of junked automobiles.
(11) Section
218.0145, Used cars/prohibited acts.
(12) Section
218.0146, Motor vehicles.
(13) Section
218.0147, Purchase or lease of motor vehicle by minor.
(14) Section
254.92, Purchase or possession of cigarettes or tobacco products by
person under 18 prohibited.
(15) Section
285.30(2), Motor vehicle emissions limitations; inspections.
B. Chapter
939, Crimes – General Provisions.
(1) Section
939.05, Parties to crime.
(2) Section
939.22, Words and phrases defined.
C. Chapter
940, Crimes Against Life and Bodily Security.
(1) Section
940.19(1), Battery.
(2) Section
940.225(3m), (4), (5) and (6), Sexual assault (fourth degree).
(3) Section
940.34, Duty to aid victim or report crime.
(4) Section
940.42, Intimidation of witnesses.
(5) Section
940.44, Intimidation of victims.
D. Chapter
941, Crimes Against Public Health and Safety.
(1) Section
941.01, Negligent operation of vehicle.
(2) Section
941.10, Negligent handling of burning material.
(3) Section
941.12, Interfering with fire fighting.
(4) Section
941.13, False alarms.
(5) Section
941.20, Endangering safety by use of dangerous weapon.
(6) Section
941.23, Carrying concealed weapon.
(7) Section
941.231, Carrying a concealed knife.
(8) Section
941.235, Carrying firearm in public building.
(9) Section
941.237, Carrying handgun where alcohol beverages may be sold and
consumed.
(10) Section
941.26, Machine guns and other weapons; use in certain cases.
(11) Section
941.2965, Restrictions on use of facsimile firearms.
(12) Section
941.299, Restrictions on the use of laser pointers.
(13) Section
941.315(2), Possession of nitrous oxide.
(14) Section
941.36, Fraudulent tapping of electric wires or gas or water meters
or pipes.
(15) Section
941.37, Obstructing emergency or rescue personnel.
E. Chapter
942, Crimes Against Reputation, Privacy and Civil Liberties.
(1) Section
942.01, Defamation.
(2) Section
942.03, Giving false information for publication.
(3) Section
942.05, Opening letters.
(4) Section
942.06, Use of polygraphs and similar tests.
(5) Section
942.08, Invasion of privacy.
(6) Section
942.09(1), (3m) and (5), Representations depicting nudity.
(7) Section
942.10, Use of a drone.
F. Chapter
943, Crimes Against Property.
(1) Section
943.01(1), Damage to property (less than $200).
(2) Section
943.012, Criminal damage to or graffiti on religious and other property.
(3) Section
943.017, Graffiti.
(4) Section
943.07, Criminal damage to railroads.
(5) Section
943.11, Entry into locked vehicle.
(6) Section
943.125, Entry into locked coin box.
(7) Section
943.13, Trespass to land.
(8) Section
943.14, Criminal trespass to dwellings.
(9) Section
943.145, Criminal trespass to a medical facility.
(10) Section
943.15, Entry onto a construction site or into a locked building,
dwelling or room.
(12) Section
943.21, Fraud on hotel or restaurant keeper, recreational attraction,
taxicab operator, or gas station.
(13) Section
943.22, Use of cheating tokens.
(14) Section
943.225, Refusal to pay for a motor bus ride.
(15) Section
943.23, Operating vehicle without owner's consent.
(16) Section
943.24, Issue of worthless check.
(17) Section
943.34, Receiving stolen property.
(18) Section
943.37, Alteration of property identification marks.
(19) Section
943.38(3), Forgery.
(20) Section
943.41(2), (3)(a) to (d), (4)(b), (5) and (6)(a), (b) and (d), Financial
transaction card crimes.
(21) Section
943.45, Theft of telecommunications service.
(22) Section
943.455, Theft of commercial mobile service.
(23) Section
943.46, Theft of video service.
(24) Section
943.47, Theft of satellite cable programming.
(25) Section
943.50, Retail theft; theft of services.
(26) Section
943.55, Removal of shopping cart.
(27) Section
943.61, Theft of library material.
(28) Section
943.70, Computer crimes.
G. Chapter
944, Crimes Against Sexual Morality.
(1) Section
944.15, Public fornication.
(2) Section
944.17, Sexual gratification.
(3) Section
944.20, Lewd and lascivious behavior.
(4) Section
944.21(1), (2), (3), (4) and (6), Obscene material or performance.
(5) Section
944.23, Making lewd, obscene or indecent drawings.
(6) Section
944.25, Sending obscene or sexually explicit electronic messages.
(7) Section
944.30, Prostitution.
(8) Section
944.31, Patronizing prostitutes.
(9) Section
944.33, Pandering.
(10) Section
944.34, Keeping place of prostitution.
(11) Section
944.36, Solicitation of drinks prohibited.
H. Chapter
945, Gambling.
(1) Section
945.02, Gambling.
(2) Section
945.03, Commercial gambling.
(3) Section
945.04, Permitting premises to be used for commercial gambling.
I. Chapter
946, Crimes Against Government and Its Administration.
(1) Section
946.40, Refusing to aid officer.
(2) Section
946.41, Resisting or obstructing officer.
(4) Section
946.44, Assisting or permitting escape.
(5) Section
946.65, Obstructing justice.
(6) Section
946.66, False complaints of police misconduct.
(7) Section
946.67, Compounding crime.
(8) Section
946.69, Falsely assuming to act as a public officer or employee or
a utility employee.
(9) Section
946.70, Impersonating peace officers, fire fighters, or other emergency
personnel.
(10) Section
946.72, Tampering with public records and notices.
J. Chapter
947, Crimes Against Public Peace, Order and Other Interests.
(1) Section
947.01, Disorderly conduct.
(2) Section
947.011(1), (2) and (3)(a), Disrupting a funeral or memorial service.
(3) Section
947.012, Unlawful use of telephone.
(4) Section
947.0125, Unlawful use of computerized communication systems.
(5) Section
947.013, Harassment.
(6) Section
947.015, Bomb scares.
(7) Section
947.02(3) and (4), Vagrancy.
(8) Section
947.04, Drinking in common carriers.
(9) Section
947.06, Unlawful assemblies and their suppression.
(10) Section
947.07, Causing violence or breach of the peace by damaging or destroying
a U.S. flag.
K. Chapter
948, Crimes Against Children.
(1) Section
948.015, Other offenses against children.
(2) Section
948.10, Exposing genitals, pubic area, or intimate parts.
(3) Section
948.11, Exposing a child to harmful material or harmful descriptions
or narrations.
(4) Section
948.12, Possession of child pornography.
(5) Section
948.21, Neglecting a child.
(6) Section
948.40, Contributing to the delinquency of a child.
(7) Section
948.45, Contributing to truancy.
(9) Section
948.55, Leaving or storing a loaded firearm within the reach or easy
access of a child.
(10) Section
948.60, Possession of a dangerous weapon by a person under 18 (minor
must appear).
(11) Section
948.61, Dangerous weapons other than firearms on school premises (minor
must appear) (adult must appear).
(12) Section
948.63, Receiving property from a child.
L. Chapter
951, Crimes Against Animals (all chapter violations).
(1) Section
951.095, Harassment of police and fire animals.
M. Chapter
961, Uniform Controlled Substances Act.
(1) Section
961.41(3g)(e), Possession of marijuana.
(2) Section
961.573(1), Possession of drug paraphernalia.
(3) Section
961.574(1), Manufacture or delivery of drug paraphernalia.
(4) Section
961.575(1), Delivery of drug paraphernalia to a minor.
No person shall carry or cause to be discharged any air gun,
BB gun, pellet gun, gas-operated gun, slingshot or similar dangerous
missile in any prohibited area within the Village nor throw any object,
arrow, stone, snowball, or other missile or projectile, by hand or
by any other means, at any person or at, in or into any building,
street, sidewalk, alley, highway, park, playground, or other public
place within the Village.
No person shall stand, sit, loaf or loiter or engage in any
sport or exercise on any public street, sidewalk, bridge or public
ground within the Village in such manner as to prevent or obstruct
the free passage of pedestrian or vehicular traffic thereon or to
prevent or hinder free ingress or egress to or from any place of business
or amusement, church, public hall or meeting place.
No person shall operate any machine or equipment which causes
interference with radio or television reception, when such interference
can be prevented by repairs, adjustments, the installation of corrective
appliances or other practicable alterations, at a reasonable expense.
No person shall have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fenced, in such manner as to prevent injury to any person,
and any cover shall be of a design, size and weight that the same
cannot be removed by small children.
No person shall leave or permit to remain outside of any dwelling,
building or other structure, or within any unoccupied or abandoned
building, dwelling or other structure under his control in a place
accessible to children, any abandoned, unattended or discarded icebox,
refrigerator or other container which has an airtight door or lid,
snap lock, or other locking device which may not be released from
the inside without first removing said door or lid, snap lock or other
locking device from said icebox, refrigerator or container unless
such container is displayed for sale on the premises of the owner
or his agent and is securely locked or fastened.
Section 101.123, Smoking prohibited, of the Wisconsin Statutes
is adopted by reference and incorporated herein.
It shall be unlawful for any owner, tenant, or person in control
of a residence or other facility to allow a child under the age of
18 to loiter, idle, or remain in said residence or upon said property
without the consent of the child's parent, guardian, or spouse.
[Amended 11-5-2018 by Ord. No. 2018-07; 12-2-2019 by Ord. No. 2019-10]
A. Definitions. The terms used herein shall be defined as follows:
CIGARETTE
The meaning given in § 139.30(1m), Wis. Stats.
DISTRIBUTOR
The meaning given in § 134.66(1)(b), Wis. Stats.
JOBBER
The meaning given in § 139.30(6).
MANUFACTURER
The meaning given in § 134.66(1)(e), Wis. Stats.
MOIST SNUFF
The meaning given in § 139.75(d), Wis. Stats.
RETAILER
Any person licensed under § 134.65(1), Wis. Stats.,
and any person that sells, exposes for sale, possesses with intent
to sell, exchanges, barters, disposes of, or gives away any vapor
products to any person not holding a license under § 134.65(1),
Wis. Stats., § 139.30 to § 139.41, Wis. Stats.,
or § 139.79, Wis. Stats.
SCHOOL
The meaning given in § 118.257(1)(d), Wis. Stats.
STAMP
The meaning given in § 139.30(13), Wis. Stats.
SUBJOBBER
The meaning given in § 139.75(11), Wis. Stats.
USE
The exercise of any right or power incidental to the ownership
of nicotine products, tobacco products or vapor products.
VAPOR PRODUCT
A noncombustible product that produces vapor or aerosol for
inhalation from the application of a heating element, regardless of
whether the liquid or other substance contains nicotine. Vapor product
includes, but is not limited to, an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or
device, and any vapor cartridge or other container that may contain
nicotine in a solution or other form that is intended to be used with
or in an electronic cigarette, electronic cigar, electronic cigarillo,
electronic pipe, or similar product or device for the purpose of simulating
smoking.
B. Restrictions on sale or gift of cigarettes, nicotine products, tobacco
products or vapor products.
(1) No retailer, direct marketer, manufacturer, distributor, jobber or
subjobber, no agent, employee or independent contractor of a retailer,
direct marketer, manufacturer, distributor, jobber or subjobber and
no agent or employee of an independent contractor may sell or provide
for nominal or no consideration cigarettes, nicotine products, tobacco
products, or vaping products to any person under the age of 18, except
as provided in § 213-19(C)(2)(a) below. A vending machine
operator is not liable under this section for the purchase of cigarettes,
nicotine products, tobacco products, or vaping products from his or
her vending machine by a person under the age of 18 if the vending
machine operator was unaware of the purchase.
(2) No retailer, direct marketer, manufacturer, distributor, jobber,
subjobber, no agent, employee or independent contractor of a retailer,
direct marketer, manufacturer, distributor, jobber or subjobber and
no agent or employee of an independent contractor may provide for
nominal or no consideration cigarettes, nicotine products, tobacco
products, or vapor products to any person except in a place where
no person younger than 18 years of age is present or permitted to
enter unless the person who is younger than 18 years of age is accompanied
by his or her parent or guardian or by his or her spouse who has attained
the age of 18 years.
(3) A retailer shall post a sign in areas within his or her premises
where cigarettes, nicotine products, tobacco products or vapor products
are sold to consumers stating that the sale of any cigarette, nicotine
product, tobacco product, or vapor product to a person under the age
of 18 is unlawful under this section and/or §§ 134.66
and 254.92, Wis. Stats.
(4) A vending machine operator shall attach a notice in a conspicuous
place on the front of his or her vending machines stating that the
purchase of any cigarette, nicotine product, tobacco product, or vapor
product by a person under the age of 18 is unlawful under this section
and/or § 254.92, Wis. Stats. and that the purchaser is subject
to a forfeiture of not to exceed $50.
(5) A retailer or vending machine operator may not sell cigarettes, nicotine
products, tobacco products, or vapor products from a vending machine
unless the vending machine is located in a place where the retailer
or vending machine operator ensure that no person younger than 18
years of age is present or permitted to enter unless he or she is
accompanied by his or her parent or guardian or by his or her spouse
who has attained the age of 18 years.
(6) Notwithstanding §
213-19B(5) above, no retailer may place a vending machine within 500 feet of a school.
(7) No retailer or direct marketer may sell cigarettes in a form other
than as a package or container on which a stamp is affixed under § 139.32(1),
Wis. Stats.
(8) Defense; sale to minor. Proof of all of the following facts by a
retailer, manufacturer, distributor, jobber, or subjobber, an agent,
employee, or independent contractor of a retailer, manufacturer, distributor,
jobber, or subjobber, or an agent or employee of an independent contractor
who sells cigarettes, nicotine products, tobacco products, or vaping
products to a person under the age of 18 is a defense to any prosecution
for a violation of § 213-19(B)(1) above:
(a)
That the purchaser falsely represented that he or she had attained
the age of 18 and presented an identification card.
(b)
That the appearance of the purchaser was such that an ordinary
and prudent person would believe that the purchaser had attained the
age of 18.
(c)
That the sale was made in good faith, in reasonable reliance
on the identification card and appearance of the purchaser and in
the belief that the purchaser had attained the age of 18.
(9) This section is adopted pursuant to § 134.66, Wis. Stats.
C. Purchase or possession of cigarettes, nicotine products, tobacco
products, or vapor products by persons under 18 prohibited.
(1) No person under 18 years of age may falsely represent his or her
age for the purpose of receiving any cigarette, nicotine product,
tobacco product, or vapor product.
(2) No person under 18 years of age may purchase, attempt to purchase,
or possess any cigarette, nicotine product, tobacco product, or vapor
product except as follows:
(a)
A person under 18 years of age may purchase or possess cigarettes,
nicotine products, tobacco products, or vapor products for the sole
purpose of resale in the course of employment during his or her working
hours if employed by a retailer.
(b)
A person under 18 years of age, but not under 15 years of age,
may purchase, attempt to purchase or possess cigarettes, nicotine
products, tobacco products, or vapor products in the course of his
or her participation in an investigation under § 254.916,
Wis. Stats. that is conducted in accordance with § 254.916(3),
Wis. Stats.
(3) No person may purchase cigarettes, nicotine products, tobacco products,
or vapor products on behalf of, or to provide to, any person who is
under 18 years of age.
(4) A law enforcement officer shall seize any cigarette, nicotine product,
tobacco product, or vapor products that has been sold to and is in
possession of a person under 18 years of age.
(5) This section is adopted pursuant to § 254.92, Wis. Stats.
D. Smoking use or possession on school property prohibited.
(1) No person may smoke or use a cigarette, nicotine product, tobacco
product, or vapor product on any school property owned by any school
district in the Village.
(2) No person enrolled in school in the Village, regardless of age, may
possess or attempt to possess a cigarette, nicotine product, tobacco
product, or vapor product while on school property.
E. Careless use prohibited. Any person who, by smoking, attempting to
light, or using cigarettes, nicotine products, tobacco products, or
vapor products in any manner, shall, in a careless, reckless or negligent
manner, set fire to any bedding, furniture, curtains, drapes, house
or any household fittings, or any part of a building, so as to endanger
life or property in any way or to any extent, shall be guilty of violating
this section.