City of Two Rivers, WI
Manitowoc County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 9, Ch. 2, of the 1981 Code). Amendments noted where applicable.]
A. 
Except as otherwise stated in this section, no person shall fire or discharge any firearm, rifle, spring or air gun in the City.
B. 
No person shall discharge any firearm in the territory adjacent to the City in such manner that the discharge shall enter or fall within the City.
C. 
This section shall not apply to a sheriff, police officer or their deputies acting in the scope of their duties and employment, or to such individuals when carrying firearms during off-duty hours, in accordance with state statutes.
D. 
This section shall not apply to wildlife management activities authorized by action of the City Council.
E. 
The Chief of Police may grant a permit to discharge any firearm or rifle to any adult resident of the City or person or entity under contract with the City in connection with pest or wildlife extermination under controlled conditions for a period of not more than 30 days, or as authorized by the City Council.
F. 
No person except a peace officer may go armed with a concealed or dangerous weapon except as provided in § 175.60, Wis. Stats.
G. 
Firearms in public buildings and City vehicles.
(1) 
Pursuant to § 943.13(1m)(c)4, Wis. Stats., no person shall enter or remain in any part of a building owned, occupied or controlled by the state or local government unit if the state or local government unit has notified the person not to enter or remain in the building while carrying a firearm or a specific type of firearm.
(2) 
The City Manager shall cause signs to be erected at all entrances to all buildings owned, occupied or under the control of the City of Two Rivers that will be affected by this section. These signs will provide notice that no person is to enter or remain in any such building while carrying a firearm. Such signs shall be five inches by seven inches or larger.
(3) 
Nothing in this subsection shall be construed to apply to prohibit a peace officer or armed forces or military personnel armed in the line of duty or any person duly authorized by the Chief of Police of any city, village or town, or the sheriff of any county, to possess a firearm in any building under §§ 941.235 and 941.237, Wis. Stats., which are hereby adopted by reference. Notwithstanding § 939.22(22), Wis. Stats., for the purpose of this Subsection G(3), "peace officer" does not include a commissioned warden who is not a state-certified commissioned warden.
(4) 
Nothing in this subsection shall be construed to authorize the carrying of any firearm or dangerous weapon contrary to § 941.23 or 941.235, Wis. Stats.
H. 
No person except a peace officer may go armed with a firearm or dangerous weapon in any City-owned motor vehicle as defined in § 340.01(35), Wis. Stats. Nothing in this subsection shall be construed to prohibit a peace officer or armed forces or military personnel armed in the line of duty or any person duly authorized by the Chief of Police of any city, village or town, or the sheriff of any county, to possess a firearm in any motor vehicle. Notwithstanding § 939.22(22), Wis. Stats., for the purpose of this Subsection H, "peace officer" does not include a commissioned warden who is not a state-certified commissioned warden.
I. 
Any person violating this section shall be subject to a forfeiture of not less than $25 nor more than $500, unless such forfeiture exceeds the amount allowed to be imposed by the City under state law.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
J. 
If any provision of this section or its application to any person or circumstances be held invalid by any court having jurisdiction, that invalidity shall not affect other provisions or applications of this section that can be given effect without the invalid provision or application.
K. 
No person authorized to carry a weapon per § 175.60, Wis. Stats., shall do so without also carrying their conceal carry permit. Such permit must be produced within 48 hours of the request of law enforcement.
[Added at time of adoption of Code (see Title 1, General Provisions, Ch. 1, Art. III)]
L. 
Any person violating the terms of this section shall be subject to a forfeiture of $25, except as provided otherwise herein.
[Added at time of adoption of Code (see Title 1, General Provisions, Ch. 1, Art. III)]
A. 
No person shall throw or shoot any object, stone, snowball or other missile or projectile by hand or by any other means at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground, or other public place within the City or on or onto the property of another without the consent of the owner of said property.
B. 
No person shall shoot an arrow from a bow or shoot a bolt from a crossbow anywhere within the City limits, except as otherwise provided herein.
C. 
Hunters may discharge bows or crossbows during bow and/or crossbow hunting seasons as established by the State of Wisconsin.
D. 
Individuals may engage in target shooting with bows and crossbows, subject to the following conditions:
(1) 
The arrows or bolts being discharged shall have target tips.
(2) 
Individuals under the age of 16 shall only engage in such activity in the presence of a parent or other responsible adult.
(3) 
The arrows or bolts must be discharged toward an inanimate, stationary target, such target placed against a backstop that is located in a garage or similar enclosure.
E. 
Provided, however, that the following apply to the exceptions noted in Subsections C and D above:
(1) 
No person shall use a bow and arrow or crossbow at any time in any City park or on any other property owned or leased by the City.
(2) 
No person shall hunt with a bow and arrow or a crossbow within 100 yards of a permanent structure used for human occupancy, including a manufactured home as defined by statute, located on another person's land, unless the owner of that land allows such hunting within 100 yards of such structure.
(3) 
No person who hunts with a bow and arrow or crossbow shall discharge an arrow or bolt unless it is discharged toward the ground.
F. 
The City's Recreation Department may, under proper supervision, conduct programs which would otherwise violate this section.
G. 
The City Council may by resolution permit the use of bows and arrows in City parks and on property owned or leased by the City for the purpose of removal of deer from the City. Such resolution may include such conditions and restrictions as the Council deems necessary to protect the health, safety and welfare of the general public and residents and property owners of the City. Use of bows and arrows pursuant to such resolution shall remain subject to all applicable state laws and regulations. Any such resolution may be repealed, modified or superseded by subsequent resolution of the Council.
No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, bridge or public ground within the City 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 loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the person was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
A. 
Loud and unnecessary noise prohibited. It shall be unlawful for any person to make, continue or cause to be made or continued any loud and unnecessary noise.
B. 
Types of loud and unnecessary noises. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but this enumeration shall not be deemed to be exclusive:
(1) 
Horns, signaling devices. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place in the City for longer than three seconds in any period of one minute or less, except as a danger warning; the creation of any unreasonable loud or harsh sound by means of any signaling device and the sounding of any plainly audible device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up.
(2) 
Radios, phonographs, similar devices. The using, operating or permitting to be played, used or operated of any radio receiving set; musical instrument, phonograph or other machine or device for the producing or reproducing of sound in a loud and unnecessary manner. The operation of any set, instrument, phonograph, machine or device between the hours of 10:00 p.m. and 7:00 a.m. in violation of the maximum permissible sound levels set forth in § 9-2-5C(1)(a) shall constitute a violation of this section.
[Amended 1-20-2020]
(3) 
Loudspeakers, amplifiers for advertising. The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting attention of the public to any building or structure. Announcements over loudspeakers can only be made by the announcer in person and without the aid of any mechanical device.
(4) 
Animals, birds. The keeping of any animal or bird which by causing frequent or long continued unnecessary noise shall disturb the comfort or repose of any persons in the vicinity.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
(5) 
Steam whistles. The blowing of any steam whistle attached to any stationary boiler except to give notice of the time to begin or stop work or as a warning of fire or danger or upon request of proper City authorities.
(6) 
Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine or motorboat except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7) 
Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or any other similar equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 10:00 p.m. on weekdays; provided, however, the City Manager shall have the authority, upon determining that the loss or inconvenience which would result to any party in interest would be extraordinary and of such nature as to warrant special consideration, to grant a permit for a period necessary within which time such work and operation may take place within the hours of 10:00 p.m. to 7:00 a.m.
(8) 
Schools, courts, churches, hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while in use, or adjacent to any hospital, which unreasonably interferes with the normal operation of that institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in those streets indicating a school, hospital, church or court street.
(9) 
The provisions of this section shall not apply to:
(a) 
Any vehicle of the City while engaged in necessary public business.
(b) 
Excavations or repairs of streets or other public construction by or on behalf of the City, county, or state at night when public welfare and convenience renders it impossible to perform such work during the day.
(c) 
The reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.
C. 
Noise limits.
(1) 
Maximum permissible sound levels.
(a) 
Noise from a stationary source shall not exceed the following standards for maximum sound pressure levels measured at the property line.
[Amended 1-20-2020]
Zone
Noise Rating, Daytime (7:00 a.m. to 10:00 p.m.)
(db)
Noise Rating, Nighttime (10:00 p.m. to 7:00 a.m.)
(db)
Residential
60
50
Business
70
70
All other zones
75
75
(b) 
"Ambient noise" is the all-encompassing noise associated with a given source, usually being a composite of sounds with many sources near and far, but excluding the noise source being measured. Ambient noise is a factor, and the subject noise shall exceed the ambient noise by five decibels (db) in any octave band to be designated excessive.
(c) 
Pure tones and impulsive noises are factors. Five noise rating numbers shall be taken from the table in Subsection C(1)(a), above, if the subject noise consists primarily of a pure tone or if it is impulsive in character.
(2) 
Construction noise. Construction equipment in any zone may be operated between the hours of 7:00 a.m. to 7:00 p.m., provided that said equipment does not exceed a maximum sound pressure level of 80 db(A) measured at the property line of the location at which said equipment is in use.
(3) 
Noise in residential districts. In residential zones, the person in violation of this section shall be ordered to reduce the sound pressure to acceptable levels immediately by the monitoring officer.
D. 
The causing of vibrations from excessive sound generation. The creation of sound waves by any operation or activity of such frequency and/or decibel levels that the sound causes vibrations to structural components, walls, glass, windows, or doors of a residence and/or vibrations to personal property contents of a residence beyond the lot line of its source which would unreasonably disturb or unduly annoy occupants, detectable by either visual observation, touch or by secondary audible noise emanating from the personal property resulting from the vibration of such objects by sound waves originating from outside of the residence, shall constitute a violation of this section, regardless of whether the maximum permissible sound levels set forth in § 9-2-5C(1)(a) are met or exceeded.
[Added 1-20-2020]
E. 
Operation of certain equipment. Lawn mowers, chain saws, powered garden equipment, electric insect-killing/insect-repelling devices, and other nonconstruction maintenance equipment shall be operated only during the hours between 7:00 a.m. and 9:00 p.m. unless within the specified noise levels measured at the property line of the location at which said equipment is in use.
F. 
Exemptions. Operation of emergency equipment shall be exempt from this chapter. Emergency equipment shall include government-owned or government-contracted vehicles, machinery and equipment used to provide emergency medical (ambulance), police, fire and snow and ice control services. Privately owned vehicles, machinery and equipment used for snow and ice control and removal on private property shall also be exempt from the provisions of this chapter, provided such vehicle, machinery or equipment is not determined to be emitting excessive noise due to lack of repair or maintenance. The City Manager or his/her designee may also grant temporary exemptions to the provisions of this chapter when such exemptions are deemed to be in the public interest.
G. 
Methods of measuring noise.
(1) 
Equipment. Noise measurement shall be made with a sound level meter.
(2) 
Location of noise meter. Noise measurement shall be made at the nearest lot line of the premises from which a noise complaint is received. The noise meter shall be placed at a height of at least three feet above the ground and at least three feet away from the walls, barriers, obstructions, and all other sound reflective surfaces.
H. 
Control of nighttime noise emitted from residential air conditioners.
(1) 
No person shall install, operate, or use any residential air conditioner which creates a noise level in a sleeping room in any dwelling unit located on any adjacent premises in the excess of five decibels above the ambient noise level at the location being measured.
(2) 
Upon receiving a complaint, the Police Department will conduct a noise survey through the use of a sound level meter. The sound pressure level should be measured in a sleeping room in the complainant's premises with the sound level measuring microphone placed three feet from an open window nearest to the source of the noise and not less than three feet above the floor of the room in which the measurement is made.
I. 
Appeals. The City Manager may grant an exemption to individuals proving evidence of substantial hardship. Evidence that reasonable technological attempts have been made to correct the problem shall be considered grounds for granting an exemption to this chapter for existing industries.
A. 
Loitering or defacing prohibited. No person shall stand, sit or loiter on any bridge or on its abutments or railings, nor shall any person deface any part of a bridge or its abutments or railings.
B. 
Swimming from bridges prohibited. No person shall dive into or enter the water for the purpose of swimming from any bridge or any bridge pier, pile, approach or abutment within the City.
C. 
Fishing restricted. No fishing is permitted off of bridges except where there is a public sidewalk, provided that pedestrian traffic shall not be restricted by such fishing activity.
A. 
No person shall on public or private property located within the City by or through the use of a motor vehicle, motorcycle, snowmobile, or minibike engage in conduct which, under the circumstances, tends to cause or to provoke a disturbance or annoy one or more persons, or engage in violent, abusive, unreasonably loud, or otherwise disorderly conduct, including, but not limited to, the unnecessary, deliberate or intentional spinning of wheels, squealing of tires, revving the engine, blowing the horn, causing the engine to backfire, or causing the vehicle while commencing to move or in motion to raise one or more of its wheels above the ground.
B. 
Whoever engages in conduct prohibited by this section while in a public park of the City shall be subject to a forfeiture of not less than $100 nor more than $500 for each offense.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
It shall be unlawful for any person to defecate or to urinate outside of designed sanitary facilities, upon any sidewalk, street, alley, public parking lot, park, playground, cemetery, or other public area within the City, or upon any private property in open view of the public, or in the halls, stairways or elevators of public or commercial buildings.
A. 
Except as provided under Ch. 48, Wis. Stats., it shall be unlawful for any person 18 years of age or over to entice away, take away, withhold, or harbor any child under the age of 18 from the parents, without the consent of the parents, unless custody has been granted by court order to the person enticing, taking, withholding, or harboring the child.
B. 
Any person violating this section shall be subject to a forfeiture of not less than $100 nor more than $500.
A. 
Prohibition of truancy. A person under 18 years of age is prohibited from being a truant.
(1) 
Definitions. For the purposes of this section, the following words shall have the meanings indicated:
ACCEPTABLE EXCUSE
As defined in §§ 118.15 and 118.16(4), Wis. Stats.
TRUANT
A pupil who is absent from school without an acceptable excuse for all or part of any day in which school is held during a school semester.
(2) 
Penalty. Upon finding that a person under 18 years of age is a truant, the court shall enter an order making one or more of the following dispositions:
(a) 
An order for the person to attend school;
(b) 
A forfeiture of not more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during the school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardians of the person, or both.
B. 
Prohibition of habitual truancy. A person under 18 years of age is prohibited from being a habitual truant.
(1) 
"Habitual truant" shall mean a pupil who is absent from school without an acceptable excuse for part or all of five or more days on which school is held during a school semester.
(2) 
"Acceptable excuse" shall mean an acceptable excuse as defined in §§ 118.15 and 118.16(4), Wis. Stats.
(3) 
Penalty. Upon finding that a person under 18 years of age is a habitual truant, the court shall enter an order making one or more of the following dispositions:
(a) 
Suspension of the person's operating privilege for not less than 30 days, nor more than one year. The court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the Department of Transportation a notice stating the reason for and the duration of the suspension;
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
(b) 
An order for the person to participate in counseling or a supervised work program or other community service work as described in § 938.34(5g), Wis. Stats. The costs of any such counseling, supervised work program or other community service work may be assessed against the person, the parents or guardians of the person, or both;
(c) 
An order for the person to remain at home except during the hours in which the person is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a person to leave his or her home if the person is accompanied by a parent or guardian;
(d) 
An order for the person to attend an educational program as described in § 938.34(7d), Wis. Stats.;
(e) 
An order for the Department of Work Force Development to revoke, under § 103.72, Wis. Stats., any permit under § 103.70, Wis. Stats., authorizing the employment of the person;
(f) 
An order for the person to be placed in a teen court program as described in § 938.342(1g)(f), Wis. Stats.;
(g) 
An order for the person to attend school;
(h) 
A forfeiture of not more than $500 plus costs, subject to § 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both;
(i) 
Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises, and restrictions on associating with other children or adults;
(j) 
An order placing the person under formal or informal supervision, as described in § 938.34(2), Wis. Stats., for up to one year; and
(k) 
An order for the person's parent, guardian or legal custodian to participate in counseling at the parent's guardian's, or legal custodian's own expense, or to attend school with the person, or both.
C. 
Contribute to truancy. Except as provided in Subsection C(1) of this section, any person 18 years of age or older who by an act or violation knowingly encourages or contributes to the truancy, as defined in § 118.16(1)(c), Wis. Stats., of a child is guilty of a violation of this section.
(1) 
Subsection C of this section does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(g), Wis. Stats.
(2) 
An act or omission contributes to the truancy of a child, whether of not the child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be truant.
(3) 
Penalty. A person who violates this provision is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine of not less than $50 nor more than $500.
D. 
Reference to statutes. References to specific statutory sections whenever used in this section shall mean the official Wisconsin Statues as of the time of enactment and passage of this section, as from time to time amended, modified, repealed or otherwise altered by the State Legislature.
E. 
Severability. If any section or part of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.
A. 
Definition. For the purposes of this section, the following terms shall have the meanings stated below:
(1) 
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 5:00 a.m. of the following day; and
(2) 
12:00 midnight until 5:00 a.m. on any Saturday or Sunday.
EMERGENCY
Any unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss or life.
ESTABLISHMENT
Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
(1) 
A person who, under court order, is the guardian of the person of a minor; or
(2) 
A public or private agency with whom a minor has been placed by a court.
MINOR
Any person 17 years of age or younger.
OPERATOR
An individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The terms includes the members or partners of an association or partnership and the officers of a corporation.
PARENT
A person who is a natural parent, adopted parent, or step-parent of a natural person.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, parking lots, parks, and sidewalks [unless excluded under Subsection C(1)(e)].
(1) 
Linger or stay; or
(2) 
Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
SERIOUS BODILY INJURY
Injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member organ.
B. 
Offenses.
(1) 
A minor commits an offense if the minor remains in any public place or on the premises of any establishment within the City during curfew hours.
(2) 
A parent or guardian of a minor commits an offense if the parent or guardian knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours.
(3) 
The owner, operator, or any employee of an establishment commits an offense if the owner, operator, or any employee knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
C. 
Defenses.
(1) 
It is a defense to prosecution under Subsection B that the minor was:
(a) 
Accompanied by the minor's parent or guardian;
(b) 
In a motor vehicle involved in interstate travel;
(c) 
Engaged in any employment activity or going to or returning home from an employment activity, without any detour or stop;
(d) 
Involved in an emergency;
(e) 
On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the Police Department about the minor's presence;
(f) 
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Two Rivers, a civic organization, a religious organization, or other similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity, supervised by adults and sponsored by the City of Two Rivers, a civic organization, or religious, organization or another similar entity that takes responsibility for the minor;
(g) 
Exercising first amendment rights protected by the United States Constitution such as free exercise of religion, freedom of speech, and the right of assembly; or
(h) 
Married or had been married or had disabilities of minority removed in accordance with Wisconsin law.
(2) 
It is a defense to prosecution under Subsection B(3) that the owner, operator, or employee of an establishment promptly notifies the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
D. 
Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer has ascertained whether or not the apparent offender has been previously warned about violating this section and unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection C is present. Upon issuance of the first citation under this section, the law enforcement agency shall mail to the parent(s) or legal guardian of the minor a written notice advising the parent or legal guardian of the minor's arrest and also advising the parent or guardian that a second, or subsequent, violation will result in a citation being issued to the parent or guardian. Police officers may take into custody any minor who shall violate any provision of this chapter.
E. 
Parental responsibility. Subject to the exceptions set forth in Subsection C of this section, it shall be unlawful for the parent or guardian of any person age 17 years or younger to knowingly or negligently by insufficient control allow such minor to congregate, loiter, wander, or play in or upon any public place between the hours of 11:00 p.m. and 5:00 a.m. of the following day, except on Friday nights and Saturday nights, when such restricted hours shall be from 12:00 midnight to 5:00 a.m. The officer shall not issue a citation or make an arrest under this section unless the officer has ascertained that the minor is receiving his/her second or subsequent citation, and a written notice of the minor's first citation had been mailed to the parent or guardian.
F. 
Penalties.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
(1) 
A minor who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine of $50, plus penalty assessment, jail assessment, court costs and any other costs mandated by law.
(2) 
A parent or guardian who violates a provision of this section is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500, plus penalty assessment, jail assessment, court costs and any other costs mandated by law.
G. 
Severability. If any section or part of this section is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this section shall not be affected thereby.
A. 
No person may possess or attempt to possess tetrahydrocannabinols, commonly known as "THC," in any form, including but not limited to tetrahydrocannabinols that are contained in marijuana, obtained from marijuana, or chemically synthesized, or any controlled substance analog of tetrahydrocannabinols, unless the person obtains the substance or the analog directly from or pursuant to a valid prescription or order of a practitioner who is acting in the course of his or her profession practice, or unless the person is otherwise authorized by state statute to possess the substance or the analog.
B. 
This section applies only to persons who do not have a previous conviction for possession of tetrahydrocannabinols or for any other drug-related offense, and only if the quantity of tetrahydrocannabinols is less than eight grams at the time that it is weighed by law enforcement.
C. 
A person who violates this section is subject to a forfeiture of not less than $50 nor more than $1,000, and shall have their operating privileges suspended for not less than six months nor more than five years.
D. 
A positive result for the presence of cannabinoids, using the Police Department's approved field test, shall be prima facie evidence of possession in this section.
A. 
"Drug paraphernalia" as used in this section is defined as stated in § 961.571, Wis. Stats., as revised or amended from time to time.
B. 
No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or introduce into the human body a controlled substance or controlled substance analog in violation of Ch. 961, Wis. Stats.
C. 
This section applies only to persons who do not have a previous conviction for possession of drug paraphernalia or any other drug-related offense.
D. 
All provisions of §§ 961.573(1) and (2), 961.50 and 938.344(2e), Wis. Stats., as revised or amended from time to time, are hereby incorporated by reference.
E. 
A person who violates any provision of this section is subject to a forfeiture of not less than $50 nor more than $500 and shall have his or her operating privileges suspended for not less than six months nor more than five years.
A. 
Definitions. For the purpose of this section, the following words and phrases shall have the meanings given in this subsection:
SALVIA DIVINORUM
Any plant material which contains the active chemical principal called salvinorin A. Salvia divinorum, when smoked, produces effects similar to that of marijuana or synthetic cannabinoid on the user.
SYNTHETIC CANNABINOID
Includes those controlled substances or a controlled substance analog of a controlled substance specified in Ch. 961, Wis. Stats., or any cannabinoid derivative or substance designed to mimic the physical, psychological, intoxicating, narcotic or other side effects of marijuana. Synthetic cannabinoids are commonly known as "K-2," "Spice," "Wicked X," "White Widow," "Bullet," "Johnny Clearwater," or by other street names.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
B. 
Offenses. No person may possess, attempt to possess, possess with the intent to deliver, or deliver/sell Salvia divinorum or any synthetic cannabinoids without a valid prescription or order of a practitioner who is acting in the course of his or her professional practice.
C. 
Penalties.
(1) 
Possession/use. Any person who shall violate any provision of this section in relation to possession or use shall be subject to a forfeiture of not less than $50 nor more than $1,000 and shall have their operating privileges suspended for not less than six months nor more than five years.
(2) 
Possession with intent to deliver, sale or delivery. Any person who shall violate any provision of this section in relation to possession with intent to deliver, delivery or sales shall be subject to a forfeiture of not less than $1,000 nor more than $3,000.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]