City of Two Rivers, WI
Manitowoc County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 9, Ch. 1, of the 1981 Code). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
The provisions of the following are adopted as a portion of this chapter as far as they are applicable, except as otherwise provided herein:
A. 
Chapter 167, Wis. Stats., Safeguards of Persons and Property.
B. 
Chapter 175, Wis. Stats., Miscellaneous Police Provisions.
C. 
Chapter 287, Wis. Stats., Solid Waste Reduction, Recovery and Recycling.
D. 
Chapter 939, Wis. Stats., Crimes–General Provisions.
E. 
Chapter 940, Wis. Stats., Crimes Against Life and Bodily Security.
F. 
Chapter 941, Wis. Stats., Crimes Against Public Health and Safety.
G. 
Chapter 942, Wis. Stats., Crimes Against Reputation, Privacy and Civil Liberties.
H. 
Chapter 943, Wis. Stats., Crimes Against Property.
I. 
Chapter 944, Wis. Stats., Crimes Against Sexual Morality.
J. 
Chapter 945, Wis. Stats., Gambling.
K. 
Chapter 946, Wis. Stats., Crimes Against Government and Its Administration.
L. 
Chapter 947, Wis. Stats., Crimes Against Public Peace.
M. 
Chapter 948, Wis. Stats., Crimes Against Children.
N. 
Chapter 951, Wis. Stats., Crimes Against Animals.
[Amended 11-4-2019]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CHILD
Has the meaning given in § 48.02(2), Wis. Stats.
CIGARETTE
Has the meaning given in § 139.30(1m), Wis. Stats.
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine, or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. The term "electronic smoking device" includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, vape pens, mods, tank systems, or under any other product name or descriptor, and includes any component part of a product, whether or not marketed or sold separately. "Electronic smoking device" shall not include any device used for inhaling of prescription medications.
LAW ENFORCEMENT OFFICER
Has the meaning given in § 30.50(4s), Wis. Stats.
NICOTINE PRODUCT
Has the meaning given in § 134.66(1)(f), Wis. Stats.
SMOKE
To burn, hold, inhale, exhale, or carry a lighted cigar, cigarette, pipe or any other lighted smoking equipment.
SMOKELESS TOBACCO
Any tobacco which is used by means other than smoking.
TOBACCO PRODUCT
Has the meaning given in § 139.75(12), Wis. Stats.
B. 
The provisions of § 134.66, Wis. Stats., relating to the sale or gift of cigarettes or nicotine or tobacco products to persons under 18 years of age, are hereby adopted by reference.
C. 
The provisions of § 254.92, Wis. Stats., relating to the purchase or possession of cigarettes or nicotine products or tobacco products by persons under 18 prohibited, are hereby adopted by reference.
D. 
No retailer, manufacturer, distributor, jobber or subjobber, and no agent, employee or independent contractor, may sell or provide for nominal or no consideration electronic smoking devices to any person under the age of 18.
E. 
No person under the age of 18 years may do any of the following:
(1) 
Buy or attempt to buy any electronic smoking device.
(2) 
Falsely represent his or her age for the purpose of receiving any electronic smoking device.
(3) 
Possess any electronic smoking device.
F. 
No person may purchase electronic smoking devices on behalf of, or to provide to, any person who is under 18 years of age.
G. 
Any person violating the terms of this section shall be subject to a forfeiture of between $50 and $200, except as provided otherwise herein. If the person violating this section has committed a previous violation within 12 months, the forfeiture shall be not less than $200 nor more than $500. Pursuant to § 134.66(4), Wis. Stats., upon determining that a violation has occurred, the Municipal Court shall suspend any tobacco license or permit issued by the City to the violator as follows:
[Amended 11-30-2020]
(1) 
For not more than three days, if the Municipal Court finds that the person committed the violation within 12 months after committing one previous violation;
(2) 
For not less than three days nor more than 10 days, if the Municipal Court finds that the person committed the violation within 12 months after committing two other violations; or
(3) 
Not less than 15 days nor more than 30 days, if the Municipal Court finds that the person committed the violation within 12 months after committing three or more other violations.
H. 
Future amendments, revisions or modifications to the foregoing statutes are also adopted by reference.
[Amended 10-21-2019]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine or any other substance, whether natural or synthetic, intended for human consumption through the inhalation of aerosol or vapor from the product. The term electronic smoking device includes, but is not limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, vape pens, mods, tank systems, or under any other product name or descriptor, and includes any component part of a product, whether or not marketed or sold separately. "Electronic smoking device" shall not include any device used for inhaling prescription medications.
[Amended 11-18-2019]
SMOKE
To burn, hold, inhale, exhale or carry a lighted cigar, cigarette, pipe, or any other lighted smoking equipment.
SMOKELESS TOBACCO
Any tobacco which is used by means other than smoking.
B. 
Smoking prohibited in enclosed spaces. The City of Two Rivers hereby adopts and incorporates by reference § 101.123, Wis. Stats., as amended from time to time, prohibiting smoking in enclosed places and further prohibits use of electronic smoking devices wherever smoking is prohibited.
C. 
Smoking on school property prohibited. No person may smoke or use smokeless tobacco or an electronic smoking device on any property owned or rented by, or under the control of, the Two Rivers Public School District, except that the school board may allow the use of tobacco products on premises owned by the school district and rented to another person for noneducational purposes. The City of Two Rivers hereby adopts and incorporates by reference § 120.12(20), Wis. Stats., as amended from time to time, prohibiting tobacco on school property.
D. 
Careless smoking prohibited. Any person who, by smoking or attempting to light or to smoke cigarettes, cigars, pipes, tobacco, electronic smoking devices or any other product in any manner, shall through carelessness, recklessness or negligence set fire to any building or contents thereof so as to endanger life or property in any way or to any extent shall be guilty of a violation of this section.
E. 
Any person violating the terms of this section shall be subject to a forfeiture of between $100 and $250, except as provided otherwise herein.
[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
[Added 1-20-2020]
Disorderly conduct prohibited:
A. 
General disorderly conduct. It shall be unlawful for a person to, in a public or private place, engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance.
B. 
Disorderly conduct causing bodily harm. It shall be unlawful for a person to, in a public or private place, engage in violent, abusive, or otherwise disorderly conduct under circumstances in which such conduct tends to cause or provoke a disturbance or under circumstances in which such conduct causes any bodily harm to the person of another.