[HISTORY: Adopted by the Board of Supervisors of Oneida County.
Amendments noted where applicable.]
[Added by Ord. No. 128-88; amended by Ord. No. 74-93; Ord. No. 61-2003; Ord.
No. 66-2008]
The following statutes following the prefix "10", describing
and defining certain prohibited acts constituting misdemeanor offenses,
exclusive of any provisions therein relating to the penalties to be
imposed or the punishment for violation of such statutes, are adopted
and by reference made a part of this chapter as if fully set forth
herein. Any act required to be performed or prohibited by any statute
incorporated herein by reference is required or prohibited by this
chapter.
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10.940.19
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Battery
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10.941.01
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Negligent Operation of Vehicle
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10.941.10
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Negligent Handling of Burning Materials
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10.941.12(2), (3)
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Interfering With Fire Fighting
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10.941.13
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False Alarms
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10.941.20
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Reckless Use of Weapon
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10.941.23
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Carrying Concealed Weapon
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10.941.24
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Possession of Switch Blade Knife
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10.941.35
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Emergency Telephone Calls
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10.941.36
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Fraudulent Tapping of Electric Wires or Gas or Water Meters
or Pipes
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10.943.01
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Criminal Damage to Property
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10.943.07
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Criminal Damage to Railroad
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10.943.11
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Entry Into Locked Vehicle
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10.943.125
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Entry Into Locked Coin Box
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10.943.13
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Trespass to Land
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10.943.14
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Criminal Trespass to Dwellings
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10.943.20
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Theft ($1,000 or Less)
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10.943.21
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Fraud on Hotel or Restaurant Keeper ($1,000 or Less)
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10.943.22
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Use of Cheating Tokens
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10.943.23
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Operating of Motor Vehicle Without Owner's Consent and Abandoning
the Same in an Undamaged Condition Within 24 Hours
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10.943.24
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Issuing of Worthless Check ($1,000 or Less)
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10.943.34
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Receiving Stolen Property ($1,000 or Less)
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10.943.37
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Alteration of Property Identification Marks
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10.943.41(2), (3) (a-d) or (4)(b)
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Credit Card Crime
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10.943.45
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Obtaining Telecommunication Service by Fraud
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10.943.50
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Retail Theft (Shoplifting) ($1,000 or Less)
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10.943.55
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Removal of Shopping Cart
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10.946.40
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Refusing to Aid Officer
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10.946.41
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Resisting or Obstructing Officer
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10.946.42(2)
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Escape
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10.946.70
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Impersonating Peace Officer
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10.948.40
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Contributing to the Delinquency of a Child
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10.948.45
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Contributing to Truancy
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10.951.02
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Mistreating Animals
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10.951.13
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Providing Proper Food and Shelter to Confined Animals
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10.951.14
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Providing Proper Shelter
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[Added by Ord. No. 60-83; amended by Ord. No. 31-2000]
No person shall peddle or solicit any business or charity, distribute
handbills or other advertising matter, post unauthorized signs or
decorative matter in or on any County facility, structure or property
as a base of commercial operations for soliciting, conducting business
or charity operation or peddling or providing services within or outside
such facilities, structures or property unless first authorized by
the Buildings and Grounds and Insurance Committee (Highway Committee
for Highway Department facilities, structures or properties) or its
authorized agent.
[Added by Ord. No. 108-84; amended by MSC 90; Ord. No. 125-87; 1-19-2021 by Res. No. 09-2021(Ord. No. 1-2021), effective 2-5-2021]
(1)
The
Oneida County Board of Supervisors hereby adopts Wisconsin Statutes
§ 106.50, as amended, and all subsequent amendments thereto.
(2)
The
officials and employees of Oneida County shall assist in the orderly
prevention and removal of all discrimination in housing within Oneida
County by implementing the authority and enforcement procedures set
forth in Wisconsin Statutes § 106.50, as amended.
(3)
The
Oneida County Clerk shall maintain forms for complaints to be filed
under Wisconsin Statutes § 106.50, as amended, and shall
assist any person alleging a violation thereof in Oneida County to
file a complaint thereunder with the Wisconsin Department of Workforce
Development, Equal Rights Division, for enforcement of Wisconsin State
Statutes § 106.50, as amended.
[Added by Res. No. 145-80]
(1)
Findings of Fact. It is hereby found and determined that the use
of illegal controlled substances is harmful and unsafe for human consumption.
The drug paraphernalia industry by selling and promoting certain devices
and instruments designed for the use of controlled substances facilitates
and glamorizes drug use and abuse.
(2)
CONTROLLED SUBSTANCE
CONTROLLED SUBSTANCE, CONSUMING A
PERSONAL POSSESSION
Definitions. The following words and phrases have the designated
meanings unless a different meaning is expressly provided or the context
clearly indicates a different meaning and includes the meanings expressly
referred to in various chapters of the Wisconsin Statutes:
Any substance named or described in Schedules 1 through 5
of the Uniform Control Substances Act found in Ch. 161, Wis. Stats.,
and as such schedules as may from time to time be amended.
Includes, for the purpose of this section, the planting,
propagating, cultivating, growing or harvesting, manufacturing, compounding,
converting, producing, processing, comparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing, injecting,
ingesting, inhaling or otherwise introducing into the human body a
controlled substance in violation of Ch. 161, Wis. Stats.
The knowing, storing or keeping the substance or item in
a place under the dominion or control of the defendant. It need not
be shown that the defendant had sole or exclusive possession.
(3)
Procedure to Determine Intention of Design of Device or Instrumentality.
In attempting to determine whether or not an object is intended, designed
or adapted for use of consuming a controlled substance, a person,
court or any other authority should consider, in addition to all other
logically relevant factors, the following enumeration of devices or
instrumentalities of which are commonly involved with the consuming
of controlled substances:
(a)
Kits or items used, intended or designed for use in planting,
propagating, cultivating, growing or harvesting of any species of
plants which is a controlled substance or from which a controlled
substance can be derived.
(b)
Kits or items used, intended or designed for use in manufacturing,
compounding, converting, producing, processing or preparing controlled
substances.
(c)
Devices used, intended or designed for use in increasing the
potency of any species of plant which is a controlled substance.
(d)
Testing equipment used, intended or designed for use in identifying
or analyzing the strength, effectiveness or purity of controlled substances.
(e)
Scales and balances used, intended or designed for use in weighing
or measuring controlled substances.
(f)
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended or designed for use
in the cutting or processing of controlled substances.
(g)
Separation gins or sifters used, intended or designed for use
in removing twigs and seeds from, or in otherwise cleaning or refining
marijuana.
(h)
Blenders, bowls, containers, spoons and mixing devices used,
intended or designed for use in compounding controlled substances.
(i)
Capsules, balloons, baggies, envelopes and other containers
used, intended or designed for use in packaging small quantities of
controlled substances.
(j)
Containers and other objects used, intended or designed for
use in storing or concealing controlled substances.
(k)
Hypodermic syringes, needles and other objects used, intended
or designed for use in parenterally injecting controlled substances
into the human body.
(l)
Objects used, intended or designed for use in ingesting, inhaling
or otherwise introducing marijuana, cocaine, hashish or hashish oil
into the human body, such as:
1.
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes
with or without screens, permanent screens, hashish heads or punctured
metal bowls.
2.
Water pipes.
3.
Carburetion tubes and devices.
4.
Smoking and carburetion masks.
5.
Roach clips: meaning objects used to hold burning material,
such as marijuana cigarettes, that will become or has become too short
to be held in the hand.
6.
Miniature cocaine spoons and vials.
7.
Chamber pipes.
8.
Carburetor pipes.
9.
Electric pipes.
10.
Air driven pipes.
11.
Chillums.
12.
Bongs.
13.
Ice pipes or chillers.
(4)
Civil Forfeiture. Any vessel, vehicle, aircraft or device or instrumentality
which is found to have been intended, designated or adapted for the
use of consuming a controlled substance and which is subject to forfeiture
under § 161.55, Wis. Stats., and which has been or is being
used in violation of this chapter may be seized and forfeited as provided
by § 161.55, Wis. Stats.
(5)
Offenses and Penalty.
(a)
Whoever has in personal possession any device or instrumentality
intended, designed or adapted for use in consuming a controlled substance
with intent to use such device or instrumentality for consumption
of a controlled substance is guilty of a civil forfeiture, the penalty
for which is forfeiture of not less than $100 nor more than $1,000.
(b)
Whoever sells or delivers any device or instrumentality intended,
designed or adapted for use in consuming a controlled substance with
intent at the time of the sale or delivery that the device or instrumentality
be used for the purposes of consuming a controlled substance is guilty
of a civil forfeiture, the penalty for which is forfeiture of not
less than $100 nor more than $1,000.
[Added by Ord. No. 33-87; amended by Ord. No. 52-87; Ord. No. 128-88]
Whoever does any of the following shall be subject to a forfeiture
of not more than $200, together with the costs of prosecution, and
in default of the payment of the forfeiture and costs of prosecution
shall be imprisoned in the County Jail until such forfeitures and
costs are paid, but not to exceed 90 days:
(1)
In a public or private place engages 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.
(2)
With intent solely to harass any person at the called number makes
repeated telephone calls, whether or not conversation ensues.
(3)
Makes a telephone call, whether or not conversation ensues, without
disclosing his identity and with intent to abuse, threaten or harass
any person at the called number.
(4)
Operates a motor vehicle, motorcycle, minibike, snowmobile or all-terrain
vehicle on public or private property in a manner which would tend
to cause or provoke a disturbance or annoy any person by causing any
loud, disturbing or unnecessary sounds or noises such as may tend
to annoy or disturb another including, but not limited to, one or
more of the following: squealing of tires, blowing the horn, causing
the engine to race excessively or backfire or causing such vehicle
while commencing to move or in motion to raise its wheels or skis
off the ground.
(5)
No person shall intentionally resist, obstruct, incite or interfere
with any police dog while the dog is in pursuit of police duties.
Before police dogs are used by or placed under the control of the
Sheriff's Department for police duties, the Department shall have
on file valid written certification that the dog and his trainer have
successfully completed a training school for police dogs and the dog
is properly vaccinated against rabies. Any police dog shall be exempt
from the County rabies control program, including quarantine periods
after a bite, while on duty.
[Added by Ord. No. 17-90]
[Added by Ord. No. 82-2013]
(1)
Definitions.
(a)
ENTRY CONTROL POINT — A location and associated facilities
and/or personnel established to screen persons and articles entering
the security area or any physical barrier intended to restrict access.
(b)
SECURITY AREA — All portions of a County, school or municipal
facility that have been designated as requiring additional security
or the screening of persons entering therein for the safety and security
of the public and employees, posted with sufficient signage to alert
the public of its presence, whether or not any security officers are
present or any particular post is manned.
(2)
No Person Shall:
(a)
Disobey the lawful order of any security or law enforcement
officer.
(b)
Bypass or attempt to bypass any security measure, including,
but not limited to, posted or locked doors, entry control points,
or signage restricting the movement of persons.
(c)
Aid or abet another person in any attempt to bypass any security
measure.
(d)
Fail to comply with any lawfully posted sign or placard.
(e)
Attempt to disable, bypass, tamper with, or otherwise affect
the proper operation of any security device, sign, placard, or physical
barrier.
(f)
Attempt to gain unlawful access to a security area, or remain
in a security area without permission.
(3)
Penalty. Any person who violates any provision of this section shall,
upon conviction, be subject to a forfeiture of not less than $50.
[Added by Ord. No. 41-2008]
(1)
Purpose and Statutory Authority. The purpose of this ordinance is
to prevent the spread of aquatic invasive species in Oneida County
and surrounding water bodies in order to protect property values and
the property tax base and ensure quality recreational opportunities.
This ordinance is adopted under authority of § 59.03 of
the Wisconsin Statutes.
(2)
Definition of Aquatic Plants and Invasive Animals.
(a)
AQUATIC PLANT — A non-woody submergent, emergent, free-floating,
or floating-leaf plant that normally grows in or near water and includes
any part thereof. "Aquatic plant" does not mean wild rice when being
harvested with a permit issued under NR 19.09 or any rights proffered
by the Treaty of 1838.
(b)
INVASIVE ANIMAL — All vertebrate and invertebrate species
including zebra mussel, quagga mussel, rusty crayfish, spiny water
flea, or any other aquatic invasive animal prohibited by the state.
(3)
Prohibited Transport of Aquatic Plants and Invasive Animals. No person
may operate a vehicle or transport any boat, boat trailer, personal
watercraft and its associated trailer, canoe, kayak, or boating equipment,
fishing equipment, hunting and/or trapping equipment including but
not limited to personal flotation devices, nets, anchors, fishing
lines, decoys, and waders, from navigable waters onto any roadway
open to the public if aquatic plants or invasive animals are attached.
All aquatic plants or invasive animals shall be removed before
entering a roadway open to the public or before launching a boat or
equipment or trailer in navigable water.
If in the course of removing a boat from water, the temporary
existence of a boat and trailer creates a safety hazard if not immediately
transported along a public roadway, a person may transport without
violation of this ordinance to the first suitable and safe location
and there clean and remove any remaining aquatic plants or invasive
animals consistent with this ordinance.
(4)
Exceptions to Transport of Aquatic Plants and Invasive Animals. Unless
otherwise prohibited by law, a person may transport aquatic plants:
(a)
For disposal as part of a harvest or control activity conducted
under an aquatic plant management permit issued under ch. NR 109.
(b)
When transporting commercial aquatic plant harvesting equipment
away from any water body to a suitable location for purposes of cleaning
any remaining aquatic plants or animals.
(c)
When conducting an aquatic plant study for the purposes of vouchering
specimen or conducting an educational workshop and in a closed container.
(d)
When harvested for personal or commercial use, such as to be
used as compost or mulch, and in a closed container.
(e)
For purposes of shooting or observation blinds for waterfowl
hunting during the waterfowl season, if the aquatic plants used for
these blinds are emergent, cut above the waterline, and contain no
aquatic invasive species. All other equipment shall have aquatic plants
and invasive animals removed before entering a roadway open to the
public.
(5)
Citation and Enforcement.
(a)
Any person who violates a provision of this ordinance shall
be subject to a forfeiture of not less than $200 and not more than
$500 for the first offense and each subsequent offense. Said person
shall be also subject to court costs for such violation.
(b)
Each violation shall be considered a separate offense.
(c)
Legal action may be initiated against a violator by the issuance
of a citation pursuant to § 66.0113(1)(a)(2005), Wis. Stats.
Said citation may be issued by a law enforcement officer of Oneida
County.
(d)
The citation shall contain the following:
1.
The first, middle, and last name, address, and date of birth
of the alleged violator.
2.
Factual allegations describing the alleged violation.
3.
The date, time and place of the offense.
4.
The ordinance and section of the violation.
5.
A description of the offense in such a manner as can be readily
understood by a person making a reasonable effort to do so.
6.
The date and time at which the alleged violator may appear in
court.
7.
A statement which, in essence, informs the alleged violator:
a.
That a cash deposit based on the schedule established by this
section may be made which shall be delivered to the Clerk of Courts
prior to the time of the scheduled court appearance.
b.
That if a deposit is made, no appearance in court is necessary
unless subsequently summoned.
c.
That if a cash deposit is made and the alleged violator does
not appear in court, they will be deemed to have entered a plea of
no contest or, if the court does not accept the plea of no contest,
a summons will be issued commanding them to appear in court to answer
the complaint.
d.
That if no cash deposit is made and the alleged violator does
not appear in court at the time specified, an action may be commenced
to collect the forfeiture.
e.
A direction that if the alleged violator elects to make a cash
deposit, the statement which accompanies the citation shall be signed
to indicate that the statement required under Paragraph D.(7), above,
has been read. Such statement shall be brought with the cash deposit.
f.
Such other information as the County deems necessary.
(e)
Section 66.0113(3), Wis. Stats., relating to violator's options
and procedure on default, is hereby adopted and incorporated herein
by reference.
[Added by Ord. No. 103-2008]
(1)
Purpose and Statutory Authority. The purpose of this section is to
prevent the spread of aquatic invasive species in Oneida County and
surrounding lakes, rivers, tributaries, or ponds in order to protect
property values, the property tax base, and ensure quality recreational
opportunities without unduly hindering fire departments in the exercise
of their duties and functions. This section is adopted under authority
of § 59.03 of the Wis. Stats.
(2)
Definitions.
(a)
AQUATIC PLANTS — Has the meaning as set forth in Oneida County Ordinance § 10.05 and is incorporated herein by reference.
(b)
ANIMAL and AQUATIC ANIMAL — Are identical and have the meaning as set forth for "invasive animal" in Oneida County Ordinance § 10.05 and is incorporated herein by reference. "Animal" shall also include any vertebrate or invertebrate, wild or domestic, that is dependent on an aquatic environment, freshwater or saline, for part or all of its life cycle.
(c)
PATHOGEN — An infectious organism that is a potential
contributing environmental factor to disease. These include bacteria,
viruses (such as viral hemorrhagic septicemia (VHS)), and fungi.
(d)
CONTAINER — A vessel, receptacle, or other compartment,
enclosed or open, permanently affixed or portable, and capable of
holding liquid contents during a journey by one or several means of
transport. "Container" shall include, but is not limited to: a portable
pump, tank truck, fire suppression transport bucket, tank, and fire
bucket.
(e)
DRY HYDRANT — A non-pressurized pipe system permanently
installed in lakes, rivers, tributaries, or ponds for the purpose
of providing a suction supply of water to a fire department tank truck.
(f)
DISINFECT — To treat water in a container by mixing household
chlorine bleach (sodium hypochlorite) with the water in that container
to produce a concentration of 200 parts per million (0.5 oz. chlorine
per gallon or one tablespoon chlorine per gallon of water (e.g. 3.5
gallons of household chlorine bleach per 1,000 gallons of water)),
and ensuring that the chlorine bleach has a contact duration of not
less than 10 minutes.
(g)
NEUTRALIZE — To treat previously disinfected water in
a container by mixing sodium thiosulfate with the water in that container
to produce a concentration of three grams of sodium thiosulfate per
gallon of water and ensuring that the sodium thiosulfate is circulated
within the container for not less than three minutes (e.g. connecting
the output and input valves of the container and circulating the water
within the container using a high volume pump).
(h)
PERMEABLE — The capacity of porous rock, sediment, or
soil to transmit water including, but not limited to, an area of a
vehicular use area paved with material that permits rapid water penetration
into the soil. Permeable pavement may consist of any porous surface
materials which are installed, laid or poured.
(i)
PERSON — A natural person and includes any corporate,
statutory, or municipal entity.
(3)
Prohibited Transport of Aquatic Plants, Animals, or Pathogens. No
person may transport, in a container any water containing an aquatic
plant, animal, or pathogens from any lake, river, tributary, or pond,
which was removed through a dry hydrant or any other means, onto any
roadway open to the public except as set forth in Paragraph (5) below.
(4)
Prohibited Transfer or Release of Water Containing Aquatic Plants,
Animals, or Pathogens. No person may remove any water containing an
aquatic plant, animal, or pathogen from any lake, river, tributary,
or pond through a dry hydrant, or other means, except as provided
for in this ordinance. Any water containing an aquatic plant, animal,
or pathogen shall, if returned to an aquatic environment, be discharged
only into the same water source in the same location from whence the
water containing the aquatic plant, animal, or pathogen was removed.
(5)
Exceptions to the Transport of Aquatic Plants Animals and Pathogens.
(a)
Fire departments shall be exempt from the prohibitions contained
herein while actively engaged in fire suppression.
(b)
For disposal as part of a harvest or control activity conducted
under an aquatic plant management permit issued under ch. NR 109.
(c)
A person may transport to a permeable surface to disinfect,
neutralize, and/or discharge the contents of the container.
(6)
Exceptions to Dry Hydrant Flushing Prohibitions. Unless otherwise
prohibited by law, a person may utilize dry hydrants as follows:
(a)
Fire departments shall be exempt from the prohibitions contained
herein while actively engaged in fire suppression.
(b)
A person may utilize a high-volume portable pump adjacent to
a dry hydrant site by inserting the pump intake into the lake, river,
tributary, or pond and flushing the lake, river, tributary, or pond
water through the hydrant. The portable pump and hoses shall be disinfected
prior to use at a new dry hydrant site by flushing 200 parts per million
(0.5 oz. per gallon or one tablespoon per gallon) chlorine through
the portable pump and discharging the mixture onto a permeable surface,
to prevent the disinfected water from entering a lake, river, tributary,
or pond and without damaging vegetation.
(c)
A person may pump water from a lake, river, tributary or pond
to flush a dry hydrant without prior disinfection only if the water
is from that same dry hydrant location. The container shall then be
transported empty to the next dry hydrant site. Any residual water
in the container shall be disinfected and neutralized. The disinfected
and neutralized water shall then be discharged onto a permeable surface,
to prevent the disinfected and neutralized water from entering a lake,
river, tributary, or pond. This protocol does not require a permit
from the Wisconsin Department of Natural Resources.
(d)
A person may remove water from a dry hydrant and disinfect water
in the container prior to discharge at a separate dry hydrant site.
Fire departments may not discharge this water into a lake, river,
tributary, pond or at a dry hydrant site prior to completing disinfection
and neutralization. This protocol will require a permit from the Wisconsin
Department of Natural Resources if the discharged amount of the chlorinated
solution exceeds four parts per million.
(e)
In order to complete above (a)-(d), a person may transport to
a permeable surface to disinfect, neutralize, and/or discharge the
contents of the container.
(7)
Citation and Enforcement.
(a)
Any person who violates a provision of this section shall be
subject to a forfeiture of not less than $500 and not more than $1,000
for each violation. Said person shall be also subject to court costs
for such violation.
(b)
Each violation shall be considered a separate offense.
(c)
As to any violation of this section, no natural person who in
the course and scope of that person's role with a fire department
as a volunteer, an agent of, or an employee shall receive a citation.
Should a violation occur, a citation shall be issued to the municipal
entity (e.g. city, village, town, or township) for whom the person
violating this section: volunteers, is an agent of, or is employed
by.
(d)
Legal action may be initiated against a violator by the issuance
of a citation pursuant to § 66.0113, Wis. Stats. Said citation
may be issued by a law enforcement officer of Oneida County.
(e)
The citation shall contain the following:
1.
The identity of the municipal entity (e.g. city, village, town,
or township) for whom the person violating this section: volunteers,
is an agent of, or is employed by.
2.
Factual allegations describing the alleged violation.
3.
The date, time and place of the offense.
4.
The ordinance and section of the violation.
5.
A description of the offense in such a manner as can be readily
understood by a person making a reasonable effort to do so.
6.
The date and time at which the alleged violator may appear in
court.
7.
A statement which, in essence, informs the alleged violator:
a.
That a cash deposit based on the schedule established by this
section may be made which shall be delivered to the Clerk of Courts
prior to the time of the scheduled court appearance.
b.
That if a deposit is made, no appearance in court is necessary
unless subsequently summoned.
c.
That if a cash deposit is made and the alleged violator does
not appear in court, they will be deemed to have entered a plea of
no contest or, if the court does not accept the plea of no contest,
a summons will be issued commanding them to appear in court to answer
the complaint.
d.
That if no cash deposit is made and the alleged violator does
not appear in court at the time specified, an action may be commenced
to collect any forfeiture.
e.
A direction that if the alleged violator elects to make a cash
deposit, the statement which accompanies the citation shall be signed
to indicate that the statement required under Paragraph (7)(d) vii.,
above, has been read. Such statement shall be returned with the cash
deposit.
f.
Such other information as the County deems necessary.
g.
Section 66.0113(3), Wis. Stats., relating to violator's options
and procedure on default, is hereby adopted and incorporated herein
by reference.
[Amended by Ord. No. 52-2010]
(1)
Purpose and Authority. The County of Oneida finds that smoking contributes
to health problems of its employees and of members of the public,
both directly through deliberate use of smoking materials and indirectly,
to nonsmokers, through involuntary inhalation of smoke in the air.
This section is enacted to reduce that risk as much as possible in
enclosed places, places of employment, and public places as well as
in County buildings and vehicles. This section is enacted under the
authority of Wis. Stats., §§ 59.07 and 101.123, and
Federal Public Law 103-227.
(2)
ASSISTED LIVING FACILITY
CORRECTIONAL FACILITY
COUNTY BUILDING
COUNTY VEHICLE
EDUCATIONAL FACILITY
ENCLOSED PLACE
INPATIENT HEALTH CARE FACILITY
JOINT USE BUILDING
LODGING ESTABLISHMENT
PERSON IN CHARGE
PLACE OF EMPLOYMENT
PRIVATE CLUB
PUBLIC CONVEYANCE
PUBLIC PLACE
RETAIL ESTABLISHMENT
RETAIL TOBACCO STORE
SMOKING
SPORTS ARENA
TAVERN
TOBACCO BAR
Definitions. As used in this section, the following words have the
meanings indicated:
A community-based residential facility, a residential care
apartment complex, or an adult family home.
A state prison, a juvenile detention facility, a juvenile
correctional facility, or a jail.
Any building owned, leased, contracted or operated by the
County. County building does include space leased to the County in
a building which has other tenants, but the regulations set forth
in this section shall apply only to that part of the leased space
which is partitioned off from the remaining space, including common
areas, by floor-to-ceiling walls. County building does not include
any building which is both owned by the County and completely leased
to another party.
All self-propelled vehicles owned or leased by Oneida County.
Any building used principally for educational purposes in
which a school is located or course of instruction or training program
is offered that has been approved or licensed by a state agency or
board.
A structure or area that has all of the following: a roof
and more than two substantial walls. The definition of substantial
wall is a wall with no opening or with an opening that either does
allow air in from the outside or that is less than 25% or more of
the wall's surface area.
A hospital, a County home, a County infirmary, a nursing
home, a hospice, a Wisconsin veterans' home, or a treatment facility.
A building which is owned by Oneida County, part of which
is leased to another party.
A bed and breakfast establishment, a hotel, motel, or a tourist
rooming house.
The person or his or her agent who ultimately controls, governs,
or directs the activities aboard a public conveyance or at a location
where smoking is prohibited or regulated.
Any enclosed place that employees normally frequent during
the course of employment, including an office, work areas, employee
lounge, restroom, conference room, meeting room, classroom, elevator,
stairway, lobby, common area, vehicle, cafeteria, or hallway.
A facility used by an organization that limits its membership
and is organized for a recreational, fraternal, social, patriotic,
political, benevolent, or athletic purpose.
A mass transit vehicle, a school bus, or any other device
by which persons are transported, for hire, on a highway or by rail,
water, air, or guide wire within this state, but does not include
such a device while providing transportation in interstate commerce.
Any enclosed place that is open to the public regardless
of whether a fee is charged or a place to which the public has lawful
access or may be invited.
Any store or shop in which retail sales is the principal
business conducted.
A retail establishment that does not have a "Class B" intoxicating
liquor license or a "Class B" fermented malt beverages license and
that generates 75% or more of its gross annual income from the retail
sale of tobacco products and accessories.
Has the meaning set forth in Wis. Stats. § 101.123(1)(h).
Any stadium, pavilion, gymnasium, swimming pool, skating
rink, bowling center, or other building where spectator sporting events
are held.
An establishment, other than a restaurant, that holds a "Class
B" intoxicating liquor license or "Class B" fermented malt beverages
license.
A tavern that generates 15% or more of its annual gross income
from the sale on the tavern premises, other than from a vending machine,
of cigars and tobacco for pipes.
(3)
Prohibited Conduct.
(a)
It shall be unlawful and a violation of this section for any
person, whether employed by Oneida County or a member of the public,
to smoke in enclosed public places, places of employment, in any County
building, County vehicle or joint use building. Those areas specifically
prohibited in Wis. Stats. § 101.123(2). No person may smoke
in any of the following enclosed places:
1.
The state capitol.
2.
Residence halls or dormitories owned or operated by a college
or university.
3.
Day care centers.
4.
Educational facilities.
5.
Inpatient health care facilities.
6.
Theaters.
7.
Correctional facilities.
8.
State institutions.
9.
Restaurants.
10.
Taverns.
11.
Private clubs.
12.
Retail establishments.
13.
Common areas of multiple-unit residential properties.
14.
Lodging establishments.
15.
State, County, city, village, or town buildings.
16.
All enclosed places, other than those listed in Subsections
1. to 15., that are public places.
a.
No person may smoke at any of the following outdoor locations:
1)
In the immediate vicinity of the state capitol.
2)
Anywhere on the premises of a day care center when children
who are receiving day care services are present.
3)
A location that is 25 feet or less from a residence hall or
dormitory that is owned or operated by the Board of Regents of the
University of Wisconsin System.
(b)
No person in charge may allow any person to smoke in violation
of (2) [Subsection b.2.] at a location that is under the control or
direction of the person in charge. A person in charge may not provide
matches, ashtrays, or other equipment for smoking at the location
where smoking is prohibited. A person in charge shall make reasonable
efforts to prohibit persons from smoking at a location where smoking
is prohibited by doing all of the following:
1.
Posting signs setting forth the prohibition and providing other
appropriate notification and information concerning the prohibition.
2.
Refusing to serve a person, if the person is smoking in a restaurant,
tavern, or private club.
3.
Asking a person who is smoking to refrain from smoking and,
if the person refuses to do so, asking the person to leave the location.
a.
If a person refuses to leave a location after being requested
to do so as provided in Subsection 3. [above], the person in charge
shall immediately notify an appropriate law enforcement agency of
the violation.
(4)
Exceptions. The prohibition against smoking in [Subsection (3)(b)]3.a. does not apply to the following:
(a)
A private residence.
(b)
A room used by only one person in an assisted living facility
as his or her residence.
(c)
A room in an assisted living facility in which two or more persons
reside if every person who lives in that room smokes and each of those
persons has made a written request to the person in charge of the
assisted living facility to be placed in a room where smoking is allowed.
(d)
A retail tobacco store that is in existence on June 3, 2009,
and in which only the smoking of cigars and pipes is allowed.
(e)
A tobacco bar that is in existence on June 3, 2009, and in which
only the smoking of cigars and pipes is allowed.
(5)
Penalties.
(a)
Any person who violates Subsection (3)(b)3.a. [will] be subject
to a forfeiture of not less than $100 nor more than $250 for each
violation.
(b)
A violation of this section does not constitute negligence as
a matter of law.
(c)
Except as provided in Subsections (5)(d) or (e), any person
in charge who violates Subsections (3)(b)1. to 3. shall be subject
to a forfeiture of $100 for each violation.
(d)
For violations subject to the forfeiture under Subsection (c) [above], if the person in charge has not previously received a warning notice for a violation of Subsection (3)(b)1. to 3., the law enforcement officer shall issue the person in charge a warning notice and may not issue a citation.
(e)
No person in charge may be required under Subsection (c), [above], to forfeit more than $100 in total for all violations of Subsections (3)(b)1. to 3. occurring on a single day.
(f)
Second and subsequent violations within one year shall be subject
to a forfeiture of $250 for each violation.
(g)
Any County employee found in violation of this section shall
be subject to the County's positive disciplinary process.
(6)
Injunction. Notwithstanding Wis. Stats. § 165.60, state
or local officials or any affected party may institute an action in
Oneida County Circuit Court to enjoin such conduct where a person
has been subject to penalties, as set forth above, on two or more
occasions.
[Amended by Ord. No. 83-2011]
(1)
Preamble. This policy was prompted, in significant part, by 2011
Wisconsin Act 35. It is intended to preserve and promote public protection
and safety, public peace and good, and workplace safety and health.
(2)
Definitions.
(a)
LAW ENFORCEMENT OFFICER — A Wisconsin law enforcement
officer, as defined in § 175.46(1)(g), Wis. Stats., or a
federal law enforcement officer, as defined in § 175.40(7)(a)1,
Wis. Stats.
(b)
LICENSEE — An individual holding a valid license to carry
a concealed weapon under § 175.60, Wis. Stats., or an out-of-state
licensee per § 175.60(1)(f) 1.-2, Wis. Stats.
(c)
MOTOR VEHICLE — A vehicle which is self-propelled, including
but not limited to a passenger car, truck, and van, bus, taxi, commercial
motor vehicle, motorcycle, moped, motor bicycle, snowmobile, and all-terrain
vehicle.
(d)
PLACARD — A small card or plaque.
(e)
SIGN — A sign that states a restriction imposed hereunder
and that is at least five inches by seven inches.
(f)
SPECIAL EVENT — An event that is open to the public, is
for a duration of not more than three weeks, and either has designated
entrances to and from the event that is locked when the event is closed
or requires an admission.
(g)
WEAPON — Includes, without limitation, any firearm (including
a handgun), an electric weapon (as defined in § 941.295(1c)(a),
Wis. Stats.), a knife (except a pocket knife with a blade less than
2.5 inches), a switchblade (as defined in § 941.24(1), Wis.
Stats.), a billy club, oleoresin capsicum (OC) spray devices (also
known as pepper spray or pepper mace), Metallic knuckles, nunchaku,
shuriken, cestus, manrikigusari, or any device designed or used as
a weapon and capable of producing great bodily harm or death.
(3)
Prohibitions.
(a)
No person may, while carrying or possessing a weapon, enter
or remain in any part of a building that is owned, occupied, or controlled
by the County.
1.
This prohibition does not apply to:
a.
Certified law enforcement officers, entitled to carry a weapon,
while acting in their official capacity and with lawful authority.
b.
A person who leases residential or business premises in the
building.
c.
A person if a firearm is in a vehicle driven or parked in the
parking facility, or to any part of the building used as a parking
facility.
d.
A judge who is a licensee, a district attorney or assistant
district attorney who is a licensee, or any other licensee given written
permission by a judge to carry a concealed weapon in a courthouse
or courtroom.
(4)
Notice.
(a)
For purposes of (3) Prohibitions A. above:
1.
A sign will be posted that is located in a prominent place near
all of the entrances to any building to which the restrictions apply,
where any individual entering the building can be reasonably expected
to see the sign.
2.
Suggested language for a sign:
"PURSUANT TO WISCONSIN STATE STATUTE WEAPONS ARE PROHIBITED
IN THIS FACILITY."
(b)
For purposes of (3) Prohibitions B. above:
1.
A sign will be posted that is located in a prominent place near
all of the entrances to the special event, such that any individual
attending the special event can be reasonably expected to see the
sign.
2.
Suggested language for a sign:
"NO PERSON MAY ATTEND THIS INSERT NAME OF SPECIAL EVENT WHILE
CARRYING OR POSSESSING A FIREARM OR OTHER WEAPON."
(5)
Miscellaneous Provisions.
(a)
This policy is intended to be consistent with, and cannot supersede,
state law/or federal law.
(b)
If any provision or clause of this policy or its application
to any person or circumstance is held invalid, the invalidity shall
not affect other provisions or applications of this policy that can
be given effect without the invalid provision or application, and
to this end the provisions of this policy are severable.
(c)
Reference to the Wisconsin Statutes herein include as such statutes
now exist or are hereafter amended.
(6)
Penalties for Violation.
(a)
If applicable, referral to law enforcement or the district attorney
for prosecution under Wisconsin Statutes, including § 943.13,
Wis. Stats.; and/or
(b)
If applicable, a County Citation for violation of Code § 10.943.13
if a firearm is carried on a premises where the owner has posted that
the carrying of firearms is prohibited.
(1)
ALARM MONITORING SERVICE
ALARM SYSTEM
ALARM SYSTEM USER
DEPARTMENT
FALSE ALARM
Definitions.
An alarm business which provides service to alarm users,
answering recorded signaling from alarm systems that indicate an activation
of a fire, burglary, or robbery alarm and relaying of the alarm message
by voice contact with the Department. An alarm monitoring service
may be located within the state of Wisconsin or at locations outside
this state.
Any mechanical or electrical equipment arranged to signal
the occurrence of a fire, burglary or robbery alarm requiring immediate
police or fire department notification, including local alarms which
are audible or visible upon the exterior of a structure which give
notice to the general public.
The owner, occupant or person in control of any building,
structure, or facility in which an alarm system has been installed
and is in operation.
The Oneida County sheriff's Department.
An alarm notification summoning the sheriff's department
deputies or fire department to the location of an alarm activation,
when the responding officer finds no evidence of a criminal offense
or fire. "False Alarm" does not include an alarm activation signal
caused by extraordinary extremes of weather such as high winds, thunder
and lightning storms or the disruption of the telephone circuits beyond
the control of the alarm user. Unintentional activation of alarm by
alarm user or activation of alarm by mechanical failure or malfunction
caused by improper maintenance of the alarm system are considered
to be "False Alarms."
(2)
Installation and Operation of Alarm Systems. No receiver to be used
for the reception of signals from alarm systems shall be installed
in the Department unless, and until, the following conditions have
been met:
(a)
The Sheriff has approved the installation of the receiver.
(b)
No alarm system shall be connected to a receiver located in
the Department building unless the user has paid the connection fee.
(c)
No connection fee shall be collected from any alarm system user
for any alarm system already connected to a receiver located in the
Department.
(3)
Prohibited Systems.
(a)
No alarm system may be used, operated or programmed that will
upon activation either mechanically, electronically or by any other
automatic means initiate and deliver a prerecorded message to the
Department directly by telephone without prior approval from the Sheriff
of Oneida County.
(b)
No alarm system may be operated or programmed to initiate, transmit,
or deliver by automatic means to the Department, an alarm notification
described as panic, disturbance, police alert, medical emergency,
or other miscellaneous incidents distinguished from the specific burglary,
robbery or fire alarms.
(c)
No person, firm, or business shall use or install an alarm system
which upon activation shall emit an audible alarm unless such system
shall automatically shut off within 15 minutes after being activated.
(4)
Requirements of Alarm Monitoring Service(s) or Business(es). Any
alarm monitoring service or business shall:
(b)
Maintain an active list of representatives (key holders) for
all alarm users and promptly notify the affected representative as
may be requested by the Department to undertake such immediate action
as may be requested by the Department.
(c)
Maintain currently valid written contracts with each alarm user
whose alarm system is monitored by them. A copy of this contract,
dated and signed, will be made available immediately upon request
to the Department. The contract shall identify the services to be
provided by the alarm monitoring service, including the provision
that if either the Department or a fire department receive two false
alarms within any period of 12 consecutive months, the alarm user
shall be required to pay a forfeiture to Oneida County as provided
in this Ordinance for each false alarm received thereafter during
the period of 12 consecutive months next following the month during
which the most recent false alarm was received. The contract shall
also provide notice that the Oneida County Sheriff, at his/her discretion,
may order disconnection of any alarm system which accumulates six
or more false alarms within any period of 12 consecutive months, as
provided in this Ordinance.
(5)
Prohibitions. No person owning, using or possessing an alarm system
or transmitting information regarding an alarm system shall cause
or permit the giving of a false alarm, whether intentional, accidental,
or otherwise.
(6)
Penalties. Penalties for violation of prohibitions shall be as follows:
(a)
For the first and second false alarm within any period of 12
consecutive months, resulting in the dispatching of Oneida County
Sheriff's Deputies or fire personnel, the alarm system user shall
receive a warning.
(b)
For the third and fourth false alarms within any period of 12
consecutive months, the alarm system user shall pay a forfeiture of
$25 plus court costs for each false alarm.
(c)
For the fifth false alarm within any period of 12 consecutive
months, the alarm user shall pay a forfeiture of $50 plus court costs
for each false alarm.
(d)
For the sixth and subsequent false alarms within any period
of 12 consecutive months, it shall be deemed the alarm user is a habitually
violator of this ordinance and he/she shall be subject to a forfeiture
of $500, plus court costs, for each false alarm. The Sheriff, at his
discretion, may order disconnection of any system which accumulates
six or more false alarms within any period of 12 consecutive months.
(e)
No false alarms of authorized alarm systems shall be counted
for purposes of this section during the first 60 days following installation
and connection of the system.
(f)
If the alarm user is not the owner of the property, a copy of
the invoice or citation provided for herein shall also be mailed to
the owner of the property.
(7)
Citation Method of Enforcement. Citations may be issued for violations
of this General Code, including ordinances for which a statutory counter-part
exists. The form of such citation shall comply with § 6.119(1)(b),
Wis. Stats. Issuance of citations is expressly limited to personnel
deputized by the Sheriff. Cash deposits from citations issued shall
be paid at the Sheriff's Department, Clerk of Circuit Court's Office
or by mailing the same to the Clerk of Circuit Court's Office, P.O.
Box 400, Rhinelander, WI 54501. The person receiving the deposit shall
issue a receipt for the same.
[Added by Ord. No. 128-88; amended MSC '91; Ord. No. 6-95]
(1)
The penalty for violation of any provisions of §§ 10.940.19
to 10.948.14 shall be a forfeiture as hereafter provided, together
with costs under § 778.25, Wis. Stats., and a penalty assessment,
where applicable, as required under § 165.87(2), Wis. Stats.
(2)
Any forfeiture for violation of §§ 10.940.19 to 10.948.14
shall conform to the forfeiture permitted to be imposed for violation
of such statutes as set forth in the Uniform Deposit and Misdemeanor
Bail Schedule of the Wisconsin Judicial Conference, including any
variations or increases for subsequent offenses, which schedule is
adopted by reference.
(3)
Any forfeiture for violation of § 10.04 of this subchapter shall conform to the forfeiture permitted to be imposed for violation of § 947.01, Wis. Stats., as set forth in the Uniform Deposit and Misdemeanor Bail Schedule of the Wisconsin Judicial Conference, including any variations or increases for subsequent offenses, which schedule is adopted by reference.
(4)
For a child who is subject to the provisions of §§ 10.940.19
to 10.948.14 and 10.04 of this subchapter, any disposition, forfeiture
or suspension of the child's operating privileges shall be governed
by the provisions of §§ 48.17, 48.343 and 48.344, Wis.
Stats., and for such child aged 14 or older who is a first time or
early offender, the law enforcement officer may at his discretion
include in the citation the requirement of a mandatory appearance
before the Oneida County Circuit Court for referral and participation
to the "Second Chance Program" operated by the Criminal Justice Institute
of the University of Wisconsin, Milwaukee Division of Outreach and
Continuing Education, for which the child may be required to pay a
program fee as determined by the court.
[Amended by Ord. No. 148-85]
(1)
No person to whom a retail Class B liquor or fermented malt beverage
license has been issued shall, either directly or indirectly, permit
any underage person unaccompanied by his or her parent, guardian or
spouse of legal drinking age, or to whom the sale of such beverage
is prohibited by law, who is not a resident, employee, or bona fide
lodger or boarder on the premises, to remain in any barroom or other
room on such premises in which intoxicating liquor or fermented malt
beverages are sold or dispensed for any purpose, except for the transaction
of bona fide business, other than amusement or consumption of edibles
or beverages.
(2)
This section shall not apply to hotels, drug stores, grocery stores,
pool halls, bowling alleys, cars operated on any railroad, nor to
restaurants operated under Class B liquor or fermented malt beverage
licenses. It shall be presumed, however, where a restaurant is operated
under a Class B license that the principal business conducted therein
is that of the sale of intoxicating liquor or fermented malt beverages,
until such presumption is rebutted by competent evidence.
[Amended by Ord. No. 148-85]
(1)
Statutes Adopted. Except as and unless otherwise specifically provided
in this Code, the statutory provisions in §§ 48.344,
125.07(1), (2), (3) and (4) and 778.25, Wis. Stats., describing and
defining regulations with respect to restrictions on sales to persons
who have not attained the legal drinking age and intoxicated persons,
presence of underage persons in places of sale and possession by underage
persons, exclusive of any provisions therein relating to penalties
to be imposed and exclusive of any regulations for which the statutory
penalty is a fine or term of imprisonment, are adopted and by reference
made a part of this Code as if fully set forth herein. Any act required
to be performed or prohibited by any statute incorporated herein by
reference is required or prohibited by this Code. Any violation of
this Code shall be identified with the prefix "10." and the applicable
enumerated statutory provision in the above noted sections of the
Wisconsin Statutes. Any future amendments, revisions, modifications,
repeals and recreations or creations of the statutes incorporated
herein are intended to be made part of this Code in order to secure
uniformity of regulation and enforcement.
(2)
Penalty. The penalty for violation of any provisions of this section
shall be a forfeiture as hereafter provided together with costs under
§ 778.25, Wis. Stats., and a penalty assessment, where applicable,
as required under § 165.87(2), Wis. Stats. For a child who
is subject to the provisions of this section, any disposition, forfeiture,
or suspension of the child's operating privileges, shall be governed
by the provisions of § 48.344, Wis. Stats.
(3)
State Forfeiture Statutes. Any forfeiture for violation of the State Statutes adopted by reference in Subsection (1) above shall conform to the forfeiture permitted to be imposed for violation of such statutes as set forth in the Uniform Deposit and Misdemeanor Bail Schedule of the Wisconsin Judicial Conference, including any variations or increases for subsequent offenses, which schedule is adopted by reference.
[Added by Ord. No. 21-89]
(1)
Prohibited. No person under the legal drinking age shall consume,
possess, buy, sell, trade, use as a beverage, give away or otherwise
control any intoxicating liquor or fermented malt beverage in violation
of Ch. 125, Wis. Stats., or any amendments or revisions thereto.
(2)
Penalty/Disposition.
(a)
The penalty for violation of any provision of this section by
persons 18 to 20 years of age shall be as specified in Ch. 125, Wis.
Stats., including any amendments and revisions thereto, which are
hereby adopted by reference.
(b)
The disposition for a violation of any provision of this section
by person under the age of 18 shall be as specified in §§ 48.17(2)(e)
and 48.344, Wis. Stats., including any revisions and amendments thereto,
which are hereby adopted by reference.
(3)
Conformity With State Statutes. Any act required to be performed
or prohibited by any statute incorporated herein by reference is required
or prohibited by this section. Any violation of this section shall
be identified with the prefix "10" and the applicable enumerated statutory
provision in the above noted sections of the Wisconsin Statutes. Any
future amendments, revisions, modifications, repeals and recreations
or creations of the statutes incorporated herein are intended to be
part of this section in order to secure uniformity of regulation and
enforcement.
[Added by Ord. No. 82-98]
(1)
No person who is not a student or parent of a student or an employee
of a K-12 school district in the County may be present during normal
school hours on property of that district located within the County
without the authorization of the district administrator, his authorized
agent, the building principal or law enforcement.
(2)
Any person who violates Subsection (1) who refuses to leave such property upon request by the district administrator, his authorized agent, or law enforcement, or any person aiding, counseling or abetting another to violate Subsection (1) shall be subject to a forfeiture of $50 plus court costs for the first offense and $100 plus court costs for subsequent offenses.
(3)
The district administrator or his authorized agent may not deny authorization
to any person whose only purpose is peaceful speech, assembly or to
seek redress.
[Added by Ord. No. 82-98]
No person in the County while attending a K-12 school activity
on school property shall engage in any of the following conduct:
[Added by Ord. No. 82-98; amended 3-19-2019 by Res. No.
26-2019, effective 4-2-2019]
(1)
No person, whether student, parent of student, employee or visitor
to a K-12 school in the County, may utilize tobacco or nicotine products
at any time on property owned by a district located in the County.
Utilization shall mean the smoking of a cigarette, cigar or like item,
vaping or the chewing of smokeless tobacco.
[Added by Res. No. 86-00; amended by Ord. No. 15-2002]
(1)
The provisions of § 118.163(1m), Wis. Stats., pertaining
to a pupil who is absent from school without an acceptable excuse
under § 118.15, Wis. Stats., and the available dispositions
to the court under § 118.163(1m), Wis. Stats., for a child
who has been determined to be truant are hereby adopted and by reference
made a part of this section as if fully set forth herein.
(a)
For the first violation a forfeiture up to $50 without costs
shall be assessed.
(b)
A forfeiture up to $100 without costs for any second or subsequent
violation within 12 months of a previous violation shall be assessed
subject to a maximum cumulative forfeiture amount of not more than
$500 for all violations committed during a school semester.
All or part of the forfeiture may be assessed against the pupil,
the parents or guardian of the person or both.
[Amended by Ord. No. 128-88; Ord. No. 81-98; Res. No. 86-2000]
The provisions of § 118.163, Wis. Stats., pertaining
to a pupil who is absent from school without an acceptable excuse
under § 118.15, Wis. Stats., and the available dispositions
to the court under § 118.163(2)(a) through (k), Wis. Stats.,
for a child who has been determined to be a habitual truant are hereby
adopted and by reference made a part of this section as if fully set
forth herein. Any act required to be performed or prohibited by § 118.163,
Wis. Stats., is required or prohibited by this section. All available
sanctions provided in Ch. 938, Wis. Stats., including secure detention
as authorized in § 938.355(6m)(am)1, Wis. Stats., are hereby
adopted and by reference made a part of this section as if fully set
forth herein.
[Added by Ord. No. 72-2002; amended 3-19-2019 by Res. No.
26-2019, effective 4-2-2019]
The Oneida County Board of Supervisors hereby adopts by reference
§ 134.66, Wis. Stats., and all amendments thereto.
[Added by Ord. No. 61-2003; amended 3-19-2019 by Res. No.
26-2019, effective 4-2-2019]
The Oneida County Board of Supervisors hereby adopts by reference
§§ 254.911, 254.916 and 254.92, Wis. Stats., and all
amendments thereto.
[Amended by Ord. No. 148-85; Ord. No. 82-98]
Except as otherwise specifically provided in this chapter, any person found to be in violation of any provision of this chapter shall be subject to a penalty as provided in § 25.04 of this General Code.
