There shall be no discharge of firearms on any lands within
the corporate limits of the Village without permission of the owner
of the land. Any peace officer in the discharge of his or her duties
is exempt from this restriction.
(1)
FIREARMS
RECORDED LAND DIVISION
Definitions. For the purpose of this chapter, certain words and phrases
shall be defined as follows:
A rifle of any caliber, shotgun of any gauge, pistol, or
revolver of any caliber. A weapon which expels a missile by the explosive
force of gunpowder or by release of compressed air or gases.
Any subdivision of land within the Village laid out and established
in accordance with the provisions of Wis. Stats. Ch. 236, or in accordance
with existing ordinances of the Village relating to land divisions.
[Amended 4-19-2021 by Ord. No. 2021-03]
(2)
Prohibited Use of Firearms. No person shall discharge any firearm
in any area so designated by the Board on the Village map. Remaining
areas of the Village shall be governed by the current edition of the
Wisconsin Hunting Regulations as issued by the Wisconsin Department
of Natural Resources.
(3)
Exceptions.
(a)
The prohibitions of this section shall not apply to persons
who are acting pursuant to lawful appointment or election as federal
law enforcement officers or law enforcement officers of the state,
county, or Village.
(b)
Any weapon unloaded and properly encased.
(c)
Target practice by an organized club holding a valid permit,
as follows: Such permits will be granted by the Board only upon a
determination that the health, safety, and welfare of persons will
not be adversely affected.
1.
No permit shall be valid for a period in excess of three years.
2.
The permit shall designate the times and places at which such
target practice may occur and shall be subject to such other terms
and conditions as may be determined by the Board.
3.
The fee for the permit must be paid at the time application
is made for the permit. A refund as set from time to time by resolution
of the Board shall be made if the permit is not granted.
4.
The Clerk shall not issue the permit until the permittee provides
proof of liability insurance satisfactory to the Clerk with limits
of liability not less than $1,000,000.
5.
The permit shall provide that the permittee shall indemnify
the Village and hold it harmless for any liability from activities
carried on pursuant to the permit.
(e)
The prohibitions of this section shall not apply to state owned
or county owned lands within the Village.
(f)
Discharge of firearms directed over or into the waters of Green
Bay for the purposes of migratory bird hunting. The weapon and ammunition
used shall be as prescribed in NR 10.09, Wis. Admin. Code.
(g)
The prohibitions of this section shall not apply to persons
who legally possess a weapon pursuant to Wis. Stats. 29.621 and Wis.
Stats. 175.60.
(4)
(Reserved)
(5)
Permit for Pest Control. Upon application to the Health and Safety
Committee, residents of the Village who operate farms may receive
up to a nine-month permit which shall permit limited discharge of
a shotgun or air rifle in a restricted area for the purposes of pest
control. Upon approval of the Administrator, the Clerk shall be authorized
to issue such permits. Such permits shall be dated and timed to coincide
with any permits issued by the State of Wisconsin Department of Natural
Resources.
(6)
Parental Responsibility. If a minor violates this section, his or
her parent or legal guardian may be held responsible for the violation
in the same manner as if the parent or legal guardian had violated
the same, and ignorance of such violation shall not be a defense;
prosecution of the parent or legal guardian shall not be a bar to
prosecution of the minor.
(7)
Revisions
to Village Map.
[Amended 4-19-2021 by Ord. No. 2021-03[1]]
(a)
Petitions
from Landowners. Landowners in the Village may petition the Board
to be included or removed from areas designated on the Village Map
which restrict the discharge of firearms. No cost will be assessed
the petitioner. The petitioner can complete a request for a hearing
before the Health and Safety Committee at the Village office. Upon
receipt of such request, the Clerk will place the request on the Health
and Safety Committee agenda for the next available scheduled meeting.
Recommendations from Health and Safety shall be forwarded to the Board
for action.
(b)
Newly
Recorded Land Divisions. New land divisions resulting in lots of two
acres in size or less, upon recording, will be designated as areas
in which the discharge of firearms is prohibited.
(c)
The
Village Board reserves the right to include additional lands, referred
by Public Safety and reviewed by the Health and Safety Committee.
Affected property owners shall be notified prior to meeting the date
for the Health and Safety Committee.
(8)
Possession of Dangerous or Deadly Weapon.
(a)
Except as reasonably necessary to fulfill the exceptions provided
elsewhere in this section, or as otherwise permitted pursuant to Wis.
Stats. 29.621 and Wis. Stats. 175.60, no person shall carry or transport,
conceal about the person or display in a threatening manner any dangerous
or deadly weapon including, but not limited by numeration to: pistol,
revolver, rifle or shotgun.
(b)
The prohibitions of Section 11.39 (9)(a) will not be construed to prevent the carrying of any type of weapon when it is unloaded and properly encased, boxed, packaged, or otherwise unavailable for immediate use or transported in conformity with Wis. Stats. § 167.31, or the display and sale of such weapon by a licensed retailer; or when such weapon is possessed in strict conformity with Wis. Stats. § 29.227, nor shall any of these prohibitions forbid any law enforcement officer of the United States, State of Wisconsin, or subdivision thereof from carrying, wearing, or using such weapons as shall be necessary in the proper exercise of their duties.
(9)
Penalty. Any person that violates Section 11.39 or any part thereof shall be subject to a forfeiture of at least $25 but not to exceed $2,500 for each offense. In addition, the person shall be responsible for the costs of prosecution and in default of payment of such forfeiture and costs of prosecution, he or she may be imprisoned in the County Jail until said forfeiture and costs are paid, but not to exceed 90 days for each violation.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 941.20(1), are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 941.23, are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
(1)
FIREARMS
LAW ENFORCEMENT
WEAPON
Definitions.
A weapon that acts by force of gunpowder.
Any person employed by the State of Wisconsin or any political
subdivision of this state, for the purpose of detecting and preventing
crime and enforcing laws or ordinances and who is authorized to make
arrests for violations of the laws or ordinances he or she is employed
to enforce.
A handgun, an electronic weapon as defined at Wis. Stats.
Section 941.295, a knife other than a switchblade under Wis. Stats.
Sec. 941.24, or a billy club.
(2)
The provisions of Wis. Stats. Sec. 175.60 enumerating places where
the carrying of a weapon or a firearm is prohibited, including exceptions
thereto, are hereby adopted as part of this section. Any future amendments,
revisions, or modifications of this statute incorporated herein are
intended to be made part of this chapter.
(3)
In addition to the public buildings listed at 11.42(2) above, it
shall be unlawful for any person other than a law enforcement officer
to enter any school property within the Village while carrying a weapon
or a firearm.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 941.237 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 941.231[1] are hereby adopted and by reference made part of this
chapter as if fully set forth herein. Any future amendments, revisions,
or modifications of this statute incorporated herein are intended
to be made part of this chapter.
[1]
Section 941.24 was repealed under state law and 941.231 was
created.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 948.60(1), (2)(a),
and (3) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of this statute incorporated herein are intended to
be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 941.2965 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 167.31 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 948.55 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 948.61(1), (2)(a),
(3), and (4) are hereby adopted and by reference made part of this
chapter as if fully set forth herein. Any future amendments, revisions,
or modifications of this statute incorporated herein are intended
to be made part of this chapter.
No person shall carry or cause to be discharged any air gun,
BB gun, pellet gun, gas operated gun, sling shot or similar dangerous
missile in any prohibited area within the Village nor throw any object,
arrow, stone, snowball, or other missile or projectile, by hand or
by any other means, at any person or at, in or into any building,
street, sidewalk, alley, highway, park, playground, or other public
place within the Village.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 941.26(4)(L) are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 941.315(2) are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 941.299 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 941.37(1) and (2)
are hereby adopted and by reference made part of this chapter as if
fully set forth herein. Any future amendments, revisions, or modifications
of this statute incorporated herein are intended to be made part of
this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 946.41(1), (2), and
(3) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of this statute incorporated herein are intended to
be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 947.01 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 947.011(1), (2), and
(3)(a) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of this statute incorporated herein are intended to
be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 947.07 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 948.51(1), (2), and
(3)(a) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of this statute incorporated herein are intended to
be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 946.66 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 940.42 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 940.44 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 940.34 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 940.19(1) are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 939.32(1) are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 946.40 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 946.42(1), (2), and
(4) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of this statute incorporated herein are intended to
be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 946.70(1) are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
(1)
No person shall make or cause to be made any loud, disturbing, or
unnecessary sounds or noises which may annoy or disturb a person of
ordinary sensibilities in or about any public street, alley or park
or any private residence.
(2)
No person shall make unnecessary and annoying noise with a motor
vehicle by squealing tires, excessive acceleration of engine, excessive
braking, or by emitting unnecessary and loud muffler noises.
(1)
Loitering or Prowling Prohibited. 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 herself or manifestly endeavors to
conceal himself or herself or any object. Unless flight by the person
or other circumstances makes it impracticable, a police officer or
peace officer shall, prior to any arrest for an offense under this
subsection, afford the person an opportunity to dispel any alarm which
would otherwise be warranted by requesting him or her to identify
himself or herself and explain his or her 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.
(2)
Obstructing Streets and Sidewalks Prohibited. No person shall loaf
or loiter in a group or crowd upon the public streets, alleys, sidewalks,
street crossing or bridges, or in any other public place within the
Village in such manner as to prevent, interfere with or obstruct the
ordinary free use of the public streets, alleys, sidewalks, street
crossings or bridges, or other public places by persons passing along
and over the same.
(3)
Loitering in Public Places. No person shall loiter, lounge, or loaf
in or about any depot, theater, dance hall, restaurant, store, public
sidewalk, public parking lot or other place of assembly for public
use after being requested to move by the owner or person in charge
or any police officer. Upon being requested to move, a person shall
immediately comply with such request by leaving the premises or area
thereof at the time of the request.
No person not in official attendance or on official school business
shall enter into, congregate, loiter, wander, stroll, stand or play
in or on any school property within the Village between 7:00 a.m.
and 10:00 p.m. on official school days.
(1)
No person shall consume any intoxicating liquor or fermented malt
beverage upon the public highways, streets, alleys, sidewalks, street
crossings, bridges, public parks or parking lots or premises held
out to the public for use of their motor vehicles, whether the premises
are publicly or privately owned, in the Village except for approved
community functions or events where authorized by specific resolution
of the Board.
(2)
All purchases of intoxicating liquor or fermented malt beverage by
the glass or in open containers shall be consumed on the licensed
premises where served, and shall not be removed therefrom to any public
highway, street, alley, sidewalk, street crossing, bridge, public
park, parking lot, or premises held out to the public for use of their
motor vehicles, whether the premises are publicly or privately owned,
within the Village.
(3)
No person shall bring upon, use, consume, sell or convey any intoxicating
liquor or fermented malt beverage in or upon any property, building,
or other structure which is owned or under control of the Village
except in such places as may be designated by the Village and in accordance
with the rules and regulations as may be from time to time adopted
by the Board.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 944.36 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 947.04 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 167.25 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 961.571, § 961.572,
§ 961.573(1) and (2), § 961.574(1) and (2), § 961.575(1)
and (2), and § 961.576 are hereby adopted and by reference
made part of this chapter as if fully set forth herein. Any future
amendments, revisions, or modifications of this statute incorporated
herein are intended to be made part of this chapter.
(1)
Possession Prohibited. The possession of 25 grams or less of marijuana
is hereby prohibited.
(2)
Definitions. "Marijuana" shall have, for purposes of this section,
the same meaning and definition as set forth in the provisions of
Wis. Stats. § 961.01(14), with the exception set forth in
Wis. Stats. § 961.41(3g).
(3)
Defenses. Authorization of possession of marijuana under Wis. Stats.
§ 961.32 or Wis. Stats. § 961.335 shall be a defense
to any offense alleged hereunder.
(1)
Statement of Purpose.
(a)
The purpose of this section is to protect the public health,
safety and welfare of the property and persons in the Village of Suamico
by prohibiting persons under 18 years of age from possessing tobacco
products and vapor products, and prohibiting the sale of tobacco products
and vapor products to persons under 18 years of age.
(b)
Persons under age 18 are prohibited by law from purchasing or
possessing cigarettes and other tobacco products, and retailers are
prohibited from selling them to minors. There are new tobacco-less
products, however, commonly referred to as "electronic cigarettes,"
"e-cigarettes," "e-cigars," "e-cigarillos," "e-pipes," "e-hookahs,"
or "electronic nicotine delivery systems," which allow the user to
simulate cigarette smoking. These products may be purchased by minors
and are being marketed without age restrictions or health warnings
and come in different flavors that appeal to young people.
(c)
E-cigarettes, and similar devices, are a relatively new nicotine
delivery system. While devices vary in their appearance and specific
method of operation, they have a few basic elements in common. A solution
of water, dissolved nicotine, and other ingredients (usually flavoring)
is heated with a heating element (usually battery-powered). This vaporizes
the nicotine solution, which passes into a mouthpiece and is inhaled
in a manner similar to cigarette smoking. Often, glycerol or propylene
glycol is added to the solution to give the appearance of smoke when
the solution is vaporized. The concentration of nicotine contained
in the solution can be customized by the retailer to the buyer's specifications,
and many manufacturers make nicotine-free solutions.
(d)
The production and distribution of e-cigarettes is not currently
regulated by federal or state authorities, and the U.S. Food and Drug
Administration has not completed testing of these products. But, initial
studies by the FDA have determined that e-cigarettes can increase
nicotine addiction among young people and contain chemical ingredients
known to be harmful, which may expose users and the public to potential
health risks.
(e)
The use of e-cigarettes and similar devices has increased significantly
in recent years.
(f)
Existing studies on electronic smoking devices' vapor emissions
and cartridge contents have found a number of dangerous substances
including:
1.
Chemicals known to cause cancer such as formaldehyde, acetaldehyde,
lead, nickel and chromium;
2.
PM 2.5, acrolein, tin, toluene, and aluminum,
which are associated with a range of negative health effects such
as skin, eye, and respiratory irritation, neurological effects, damage
to reproductive systems, and even premature death from heart attacks
and stroke.
(g)
Some cartridges used by electronic smoking devices can be refilled
with liquid nicotine solution, creating the potential for exposure
to dangerous concentrations of nicotine.
(h)
Clinical studies about the safety and efficacy of these products
have not been submitted to the FDA for the over 400 brands of electronic
smoking devices that are on the market and for this reason, consumers
have no way of knowing whether electronic smoking devices are safe,
what types of potentially harmful chemicals the products contain,
and what dose of nicotine the products deliver.
(i)
Electronic smoking devices often mimic conventional tobacco
products in shape, size, and color, with the user exhaling a smoke-like
vapor similar in appearance to the exhaled smoke from cigarettes and
other conventional tobacco products.
(j)
The use of electronic smoking devices in smoke-free locations
threatens to undermine compliance with smoking regulations and reverses
the progress that has been made in establishing a social norm that
smoking is not permitted in public places and places of employment.
(k)
It is the intent of the Suamico Village Board, in enacting the
ordinance codified in this section, to provide for the public health,
safety and welfare by facilitating uniform and consistent enforcement
of smoke-free air laws; by reducing the potential for re-normalizing
smoking in public places and places of employment; by reducing the
potential for children to associate the use of electronic smoking
devices with a normative or healthy lifestyle; and by prohibiting
the sale or distribution of electronic smoking devices to minors.
(l)
Therefore, the Suamico Village Board determines that prohibiting
the sale, giving, or furnishing of e-cigarettes to minors and prohibiting
the purchase, possession, or use of e-cigarettes by minors is in the
Village's best interest and will promote public health, safety, and
welfare.
(2)
LAW ENFORCEMENT OFFICER
MINOR
PERSON WHO SELLS TOBACCO PRODUCTS AT RETAIL
PERSON WHO SELLS VAPOR PRODUCTS AT RETAIL
POSSESSION OF A TOBACCO PRODUCT
PUBLIC PLACE
TOBACCO PRODUCT
USE A TOBACCO PRODUCT OR VAPOR PRODUCT
VAPOR PRODUCT
Definitions. For the purpose of construction and application of this
section, the following definitions shall apply:
The meaning given in Wis. Stats. § 30.50(4s).
An individual who is less than 18 years of age.
A person whose ordinary course of business consists, in whole
or in part, of the retail sale of tobacco products subject to the
state sales tax.
A person whose ordinary course of business consists, in whole
or in part, of the retail sale of vapor products.
Either actual physical control of the tobacco product without
necessarily owning that product, or the right to control the tobacco
product even though it is in a different room or place than where
the person is physically located.
A public street, sidewalk, or park or any area open to the
general public in a publically owned or operated building or premises,
or in a public place of business or school.
A product that contains tobacco and is intended for human
consumption, including but not limited to, cigarettes, non-cigarette
smoking tobacco, or smokeless tobacco, as those terms are defined
in Section 2 of the Tobacco Products Tax Act, and cigars. Tobacco
product does not include a vapor product or a product regulated as
a drug or device by the United States Food and Drug Administration.
Tobacco product also has the meaning given in Wis. Stats. § 139.75(12).
To smoke, chew, suck, inhale, or otherwise consume a tobacco
product or vapor product.
Any product containing or delivering nicotine, lobelia, or
any other substance intended for human consumption that can be used
by a person to simulate smoking in the delivery of nicotine or any
other substance through inhalation of vapor from the product. Electronic
delivery device shall include any component part of such a product
whether or not sold separately. Electronic delivery device shall not
include any product that has been approved or otherwise certified
by the United States Food and Drug Administration for legal sales
for use in tobacco cessation treatment or other medical purposes,
and is being marketed and sold solely for that approved purpose.
(3)
Prohibited Conduct.
(a)
Consistent with Wis. Stats. § 254.92, a minor shall
not do any of the following:
1.
Purchase or attempt to purchase a tobacco product or vapor product.
2.
Possess or attempt to possess a tobacco product or vapor product.
3.
Use a tobacco product or vapor product in a public place.
4.
Present or offer to an individual a purported proof of age that
is false, fraudulent, or not actually his or her own proof of age
for the purpose of purchasing, attempting to purchase, possessing,
or attempting to possess a tobacco product or vapor product.
(b)
No individual, regardless of age, who is enrolled in secondary
school may possess or attempt to possess a tobacco product or vapor
product while on school property.
(c)
An individual who violates Subsection (1) shall be subject to
the civil forfeiture of at least $10 nor more than $50, plus costs.
(d)
An individual who violates Subsection (2) shall be subject to
the following penalties:
1.
For the violation, the person is responsible for a civil infraction
punishable by a civil forfeiture of at least $25 nor more than $100,
plus costs.
(e)
Subsection (1) does not apply to a minor participating in any
of the following:
1.
An undercover operation in which the minor purchases or receives
a tobacco product or vapor product under the direction of the minor's
employer and with the prior approval of the local prosecutor's office
as part of an employer-sponsored internal enforcement action.
2.
An undercover operation in which the minor purchases or receives
a tobacco product or vapor product under the direction of the state
police or a local police agency as part of an enforcement action,
unless the initial or contemporaneous purchase or receipt of the tobacco
product or vapor product by the minor was not under the direction
of the state police or the local police agency and was not part of
the undercover operation.
3.
Compliance checks in which the minor attempts to purchase tobacco
products for the purpose of satisfying federal substance abuse block
grant youth tobacco access requirements, if the compliance checks
are conducted with the prior approval of the state police or a local
police agency.
(f)
As stated in Wis. Stats. § 254.92(2)(a), Subsection
(1) does not apply to the handling or transportation of a tobacco
product or vapor product by a minor under the terms of that minor's
employment if employed by a retailer licensed under Wis. Stats. § 134.65(1).
(g)
This section does not prohibit an individual from being charged
with, convicted of or found responsible for, or sentenced for any
other violation of law that arises out of the violation of Subsection
(1).
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 134.66 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 118.15, § 118.16,
and § 118.163 are hereby adopted in strict conformity and
by reference made part of this chapter as if fully set forth herein.
Any future amendments, revisions, or modifications of this statute
incorporated herein are intended to be made part of this chapter.
(1)
HABITUAL TRUANT
TRUANCY
Definitions. The terms used herein shall be defined as follows:
A pupil who is absent from school without an acceptable excuse
under Wis. Stats. § 118.15 or § 118.16(4), for
part or all of five or more days on which school is held during a
school semester.
A pupil who is absent from school without an acceptable excuse
under Wis. Stats. § 118.15 or § 118.16(4) for
part or all of any day on which school is held during a school semester.
(2)
Habitual Truant. Any child found by the court to be a habitual truant
shall be subject to one or more of the following:
(a)
Suspension of the child's operating privilege as defined in
Wis. Stats. § 340.01(40), for not less than 30 days nor
more than one year. The court shall immediately take possession of
any suspended license and forward it to the Department of Transportation,
together with a notice stating the reason for the duration of the
suspension.
(b)
An order for the child to participate in counseling, community
service, or a supervised work program as provided under Wis. Stats.
§ 48.34(9).
(c)
An order for the child to remain at home, except during hours
in which the child 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 child to leave home if
the child is accompanied by a parent or legal guardian.
(d)
An order for the child to attend an educational program under
Wis. Stats. § 48.34(12).
(e)
Any other order or forfeiture as permitted by Wisconsin statutes
to be imposed in Municipal Court.
(3)
Contributing to Truancy.
(a)
Except as provided in Subsection (a) any person 18 years of age or older who, by any act of omission, knowingly encourages or contributes to the truancy of a child shall be subject to a forfeiture of not less than $25 and not more than $2,500, 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 said forfeiture and costs are paid, but not to exceed 90 days.
(b)
Subsection (a) does not apply to a person who has under his or her control a child who has been sanctioned under Wis. Stats. § 49.50(2)(h).
(c)
An act or omission contributes to the truancy of a child, whether
or 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.
(4)
Truant. Any child found by the court to be truant shall be subject
to a forfeiture of not more than $50 plus costs for a 1st violation,
or a forfeiture of not more than $100 plus costs for any second 2nd
or subsequent violation committed within 12 months of a previous violation.
Any child not in attendance at school, at the child's place
of residence, or accompanied by a parent or legal guardian on a day
on which school is held during a school semester and during the hours
when that child is required to be in attendance at school shall be
presumed truant. The child shall have the burden to present the court
with evidence sufficient to rebut this presumption.
(5)
Parent Liability. All or part of any forfeiture or costs assessed
by a court under this section may be assessed against the child, the
parents or guardian of the child, or both.
(1)
Legislative Purpose. Pursuant to Sec. 59.54 (6), Wis. Stats., 1995-1996,
the Suamico Board has determined that there has been an increase in
juvenile violence, juvenile gang activity and crime by persons under
the age of 17 in the Village and persons under the age of 17 are particularly
susceptible by their lack of maturity and experience to participate
in unlawful and gang-related activities and to be victims of other
perpetrators of crime. The Village of Suamico has an obligation to
provide for the protection of minors from each other and from other
persons, for the enforcement of parental control over the responsibility
for children, for the protection of the general public, and for the
reduction of the incidence of juvenile criminal activities, and a
nighttime curfew for those under the age of 17 will be in the interest
of the public health, safety, and general welfare and will help to
attain the foregoing objectives and to diminish the undesirable impact
of such conduct on the citizens of the Village.
(2)
CURFEW HOURS
EMERGENCY
ESTABLISHMENT
GUARDIAN
MINOR
OPERATOR
PARENT
PUBLIC PLACE
REMAIN
SERIOUS BODILY INJURY
VILLAGE
Definitions. In this section:
10:00 p.m. until 6:00 a.m. the following day, each day of
the week.
An 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 (defined below) or loss of life.
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.
Any person under 17 years of age.
Any individual, firm, association, partnership, or corporation,
managing or conducting any establishment. The term includes the members
or partners of an association or partnership and the officer of a
corporation.
A person who is:
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 and shops.
Any bodily 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 or organ.
The Village of Suamico, Wisconsin.
(3)
Offenses.
(a)
A minor commits an offense if he or she remains in any public
place or on the premises of any establishment within the Village during
curfew hours.
(b)
A parent or guardian of a minor commits an offense if he or
she knowingly permits, or by insufficient control allows, the minor
to remain in any public place or on the premises of any establishment
within the Village during curfew hours.
(c)
The owner, operator, or any employee of an establishment commits
an offense if he or she knowingly allows a minor to remain upon the
premises of the establishment during curfew hours.
(4)
Defenses. It is not a violation under this Section 11.81 if the minor was:
(a)
Accompanied by the minor's parent or guardian;
(b)
On an errand at the direction of the minor's parent or guardian
without any detour or stop;
(c)
In a motor vehicle involved in interstate travel;
(d)
Engaged in any employment activity or going to or returning
home from an employment activity without any detour or stop;
(e)
Involved in an emergency;
(f)
Attending an official school, religious, or other recreational
activity supervised by adults and sponsored by the county, or by any
city, village or town, a civic organization, or another similar entity
that takes responsibility for the minor, or going to or returning
from, without any detour or stop, an official school, religious, or
other recreational activity supervised by adults and sponsored by
the county, or by any city, village or town, a civic organization
or another similar entity that takes responsibility for the minor.
(g)
Going to, attending, or returning home from, without any detour
or stop, a movie theater.
(5)
Enforcement. Before taking any enforcement action under this section, a law enforcement officer shall ask the 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 reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (4) is present.
(1)
Purpose and Intent. It is the purpose of this section to discourage
children of compulsory school age from unauthorized absences and to
impose penalties upon those students and also upon their parents or
legal guardians. It is the intent of this section to promote the development
and welfare of these children by discouraging unauthorized absenteeism
and encouraging school attendance. The Board hereby finds that daytime
absence constitutes an increased risk to public safety, health and
welfare of the citizens of the Village.
(2)
RESPONSIBLE ADULT
SUBJECT TO COMPULSORY SCHOOL ATTENDANCE
Definitions.
A person 18 years of age or older who has the mental competency
to fulfill the duty of protecting and caring for the general welfare
of a child and who has a written authorization from that child's parent
or legal guardian designating the person as a responsible adult, naming
the child involved and designating the time period during which the
responsible adult shall have control of the child.
Includes any child subject to mandatory school attendance
under Wisconsin law in the school district of his or her residence,
or any child found in the Village who would be subject to mandatory
attendance if the child were a resident of the Village.
(3)
Offenses.
(a)
No child subject to compulsory school attendance shall be at
any place within the Village, except in attendance at school or at
the student's place of residence, during the hours when that student
is required to be in attendance at either a public or private school
as required by law, unless that child has written proof from school
authorities excusing him or her from attending school at that particular
time, or unless the student is accompanied by the parent, legal guardian
or responsible adult selected by the parent or legal guardian who
supervises the student.
(b)
Parental Violation. Each parent or legal guardian of a student
subject to the provisions of this section shall have the duty to prevent
that student from violating the provisions of this section and each
failure by that parent or guardian to do so is a separate offense.
(4)
Affirmative Defenses.
(a)
It shall be an affirmative defense to Subsections (3) a. and
(3) b. that the student, at the time of the alleged violation, was
not required by law to be in attendance at the school attended by
the student.
(b)
It shall be an affirmative defense to Subsection (3) b. that
the parent or legal guardian is the petitioner in a currently pending
juvenile court proceeding involving the student or such proceeding
in which the judge has retained ongoing supervision or jurisdiction.
(c)
It shall be an affirmative defense to Subsection (3) a. and
(3) b. that if at the time of the alleged violation the student was
employed pursuant to a school sponsored program or was the recipient
of a work permit issued by school authorities and the student was
actually on the job or traveling to or from the job site or program
location.
(d)
Any party claiming an affirmative defense hereunder shall have
the duty to prove the same to the same standard of proof required
of the plaintiff in prosecuting the action.
(5)
Warning. The first time a child is detained by law enforcement officers
for violation of this section, the parent, guardian, or person having
legal custody may be advised as to the provisions of this section,
any violation of this section occurring thereafter by said child and
parent, guardian, or person having legal custody shall result in a
penalty being imposed in sub. (5) above.
|
(Suggested Warning Format)
|
|
Name: __________
|
|
The above-named juvenile was found in violation of the Village
of Suamico (or Brown County) Daytime Curfew Ordinance. As parents
or guardians responsible for such conduct and the welfare of this
juvenile, you are hereby served this curfew violation notice setting
forth the manner in which the law has been violated.
|
|
The Village of Suamico (or Brown County) Daytime Ordinance states:
|
|
No child subject to compulsory school attendance shall be at
any place within the Village of Suamico (or Brown County), except
in attendance at school or at the student's place of residence, during
the hours when that student is required to be in attendance at either
a public or private school as required by law, unless that child has
written proof from school authorities excusing him or her from attending
school at that particular time, or unless the student is accompanied
by a parent, legal guardian or responsible adult selected by the parent
or legal guardian who supervises the student.
|
|
Parental Violation. Each parent or legal guardian of a student
subject to the provisions of this section shall have the duty to prevent
that student from violating the provisions of this section and each
failure by that parent or guardian to do so is a separate offense.
To knowingly permit such child to again violate the provisions of
this section, they shall be fined no more than $500 for each offense.
If a child knowingly violates the provisions of this section, the
child shall be fined no more than $500 for each violation.
|
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 948.40(1), (2), (3),
and (4)(a) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of this statute incorporated herein are intended to
be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 948.21 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
It shall be unlawful for any owner, tenant, or person in control
of a residence or other facility to allow a child under the age of
18 to loiter, idle, or remain in said residence or upon said property
without the consent of the child's parent, guardian, or spouse.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 948.70 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.24(1), (3), (4),
and (5) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of this statute incorporated herein are intended to
be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.20(1), (2), (3)(a)
and (4) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of this statute incorporated herein are intended to
be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 939.32(1) are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.50(1), (1m), (3),
(3m), (4)(a), and (5) are hereby adopted and by reference made part
of this chapter as if fully set forth herein. Any future amendments,
revisions, or modifications of this statute incorporated herein are
intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.455(1), (2), (4)(a),
and (4)(b) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of this statute incorporated herein are intended to
be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.46(1), (2), (4)(a),
and (4)(b) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of this statute incorporated herein are intended to
be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.47(1), (2), (3)(a),
and (3)(b) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of this statute incorporated herein are intended to
be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 941.36 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.55 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 948.63 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.34(1)(a) and § 943.34(2)
are hereby adopted and by reference made part of this chapter as if
fully set forth herein. Any future amendments, revisions, or modifications
of this statute incorporated herein are intended to be made part of
this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.21 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
It shall be unlawful for any person to return merchandise to
a merchant for the purpose of claiming a cash refund or credit if
the person intentionally deceives the merchant by doing any of the
following:
(1)
Represents that such person purchased the merchandise when the person
did not purchase it.
(2)
Represents that the merchandise was purchased from a particular merchant
when it was not purchased from that merchant. Represents that the
merchandise was purchased for a particular price when it was purchased
for a lower price.
(3)
Gives the merchant a false name or address.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.13 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.14, are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.145 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.15 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.11 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.125 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.07 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.01(1), (2m), (3),
and (4) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of this statute incorporated herein are intended to
be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.017(1), (4), and
(5) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of this statute incorporated herein are intended to
be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 947.012 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 947.0125 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
(1)
HARMFUL TO MINORS
(a)
(b)
(c)
MINOR
NUDITY
Definitions.
Any reproduction, imitation, characterization, description,
exhibition, presentation, or representation, of whatever kind or form,
depicting nudity, sexual conduct, or sexual excitement when it:
Predominantly appeals to a prurient, shameful, or morbid interest;
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material or conduct for
minors; and
Taken as a whole, is without serious literary, artistic, political,
or scientific value for minors.
Any person under the age of 18 years.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering; or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple; or the depiction of covered
male genitals in a discernibly turgid state. A mother's breastfeeding
of her baby does not under any circumstance constitute "nudity", irrespective
of whether or not the nipple is covered during or incidental to feeding.
(2)
A minor commits the offense of sexting if he or she knowingly:
(a)
Uses a computer, or any other device capable of electronic data
transmission or distribution, to transmit or distribute to another
minor any photograph or video of any person by another minor which
depicts nudity; as defined above, and is harmful to minors, as defined
above.
(b)
Possesses a photograph or video of any person that was transmitted
or distributed by another minor which depicts nudity, as defined above,
and is harmful to minors, as defined above. A minor does not violate
this paragraph if all of the following apply:
(c)
Uses a computer, or any device capable of electronic data transmission
or distribution, to transmit or distribute to another minor any text,
correspondence, or message of a sexual nature when it:
1.
Predominantly appeals to a prurient, shameful, or morbid interest;
2.
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material or conduct for
minors; and
3.
Taken as a whole, is without serious literary, artistic, political,
or scientific value for minors.
(d)
Solicits the transmission or distribution of any text, correspondence,
message, photograph, or video from another minor that would itself
be prohibited under this section of the Municipal Code.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 946.72(2) are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 944.15 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 944.17 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 944.20 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 944.21(1), (2), (3),
(4), and (6) are hereby adopted and by reference made part of this
chapter as if fully set forth herein. Any future amendments, revisions,
or modifications of this statute incorporated herein are intended
to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 944.23 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 944.30 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 944.31 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 943.33(1) and (3)
are hereby adopted and by reference made part of this chapter as if
fully set forth herein. Any future amendments, revisions, or modifications
of this statute incorporated herein are intended to be made part of
this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 947.013(1), (1m),
(1r), and (2) are hereby adopted and by reference made part of this
chapter as if fully set forth herein. Any future amendments, revisions,
or modifications of this statute incorporated herein are intended
to be made part of this chapter.
(1)
The act occurs while the actor is subject to an order or injunction
under Wis. Stats. § 813.12, § 813.122, or § 813.125
that prohibits or limits his or her contact with the victim.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 947.02 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 948.11(1) and (2)(b)
are hereby adopted and by reference made part of this chapter as if
fully set forth herein. Any future amendments, revisions, or modifications
of this statute incorporated herein are intended to be made part of
this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 940.225(3m), (4),
(5), and (6) are hereby adopted and by reference made part of this
chapter as if fully set forth herein. Any future amendments, revisions,
or modifications of this statute incorporated herein are intended
to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 942.08 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
[Amended 6-21-2021 by Ord. No. 2021-05]
(1)
Findings and Intent. Repeat sexual offenders, sexual offenders who
use physical violence and sexual offenders who have committed sexual
crimes against children present a threat to the public safety. The
intent of this section is not to impose a criminal penalty against
sexual offenders, but to promote and protect the health, safety and
welfare of citizens of the Village by creating areas around locations
where children regularly congregate wherein certain sexual offenders
may not reside.
(2)
CHILD
DESIGNATED OFFENDER
LOITERING
LOITER-FREE ZONE
PERMANENT RESIDENCE
PROHIBITED ACTIVITY
SAFETY ZONE
TEMPORARY RESIDENCE
VILLAGE
Definitions. In this section, the following terms shall have the
meanings indicated:
As defined by Wis. Stats. § 948.01(1), any person
who has not attained the age of 18 years, except that for purposes
of enforcing this section against a person who has been convicted
of a sexual offense, a "child" does not include a person who has attained
the age of 17 years.
Any person required to register for a sexual offense under
Wis. Stats. § 301.45, or any person required to register
as a Special Bulletin Notification (SBN) sex offender pursuant to
Wis. Stats. § 301.46.
Remaining idle in essentially one location, and includes
the concept of spending time idly, to be dilatory, to linger aimlessly,
to stay, to delay leaving, to stand around, and shall also include
the colloquial expression "hanging around."
The 500-foot radius surrounding all safety zones.
Any premises where the person resides or lodges for 14 or
more consecutive days.
Participation in any event involving children unless the
designated offender is the parent or guardian of a child involved,
and no other nonfamiliar children are present.
Any facility used as a school for children, including elementary,
middle and high schools, licensed day-care centers, public parks or
public park facilities, public swimming pools, recreational facilities
and trails, playgrounds, places of worship, elderly housing, assisted
living facilities, public libraries, youth centers, specialized schools
for children, including, but not limited to, gymnastics and dance
academies. The Village Clerk shall maintain an official map showing
the prohibited locations and safety zones within the Village. The
Village Clerk shall update the map at least annually to reflect any
changes in the prohibited locations and safety zones. The map shall
be available in the office of the Village Clerk and posted on the
Village website. The map shall be for informational purposes only.
Any place where the person abides, lodges or resides for
a period of four or more days within a thirty-day period, or for a
period of 14 or more days during any calendar year and which is not
the person's permanent address.
The Village of Suamico, Brown County, Wisconsin.
(3)
Designated Offender Residence Restrictions; Exceptions.
(a)
Prohibited Location of Residence. No designated offender may
establish a permanent residence or a temporary residence within 1,500
feet of any real property upon which there exists a facility identified
in this section as a safety zone.
(b)
Determination of Minimum Distance. Distance will be measured
for the purpose of determining separation by following a straight
line from the outer property line of the parcel upon which the residence
sits to the nearest outer property line of the parcel of land upon
which the facility identified in this section as a safety zone sits.
If the separation between the two parcels is not more than 1,500 feet,
the entire tax parcel shall constitute a prohibited location of residence
for purposes of this section.
(c)
Exceptions. A designated offender residing at a temporary residence
or permanent residence within 1,500 feet of a safety zone shall not
be in violation of this section if any of the following apply:
1.
Subject to Section 11.126(4) below, the designated offender established the permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats., before the initial effective date of the relevant provision of this section, and the designated offender has resided in such permanent residence or temporary residence continuously since the effective date of this section, except for temporary absences of no more than 30 consecutive days.
2.
The designated offender is a child and, as such, is not required
to register under Wis. Stats. § 301.45 or Wis. Stats. § 301.46.
3.
The safety zone was established within 1,500 feet of a permanent
residence after the designated offender had already established, reported
and registered the residence pursuant to Wis. Stats. § 301.45
or Wis. Stats. § 301.46.
(4)
Rental of Real Property to Designated Offenders; Notification Requirements.
(a)
Rental of Real Property to Designated Offenders Prohibited. It shall be unlawful for any property owner to lease any residence, or any part thereof, with the knowledge that it will be used as a permanent residence or temporary residence by a designated offender, if the parcel of property upon which such residence sits is located within 1,500 feet of a safety zone as set forth in Section 11.126(3).
(b)
Property Owners Leasing to Designated Offenders; Written Notice
to Village Required. Any property owner who leases or intends to lease
any residence or any part thereof within 1,500 feet of a safety zone,
with the knowledge that it will be used as a permanent residence or
temporary residence by a designated offender, shall provide written
notice to the Village of Suamico no less than 30 days prior to the
start of occupancy by the designated offender.
(c)
Designated Offenders Establishing New Temporary Residence or
Permanent Residence; Written Notice to Village Required. Designated
offenders must provide the Village of Suamico no less than 30 days'
written notice prior to establishing a temporary residence or permanent
residence within 1,500 feet of a safety zone in the Village of Suamico.
(5)
Designated Offender Prohibited Activity Restrictions.
(a)
Safety Zone Prohibitions. A designated offender shall not enter a safety zone or loiter within 500 feet of any loiter-free zone, except as set forth in Section 11.126(5)(b), Exceptions, below.
(b)
Exceptions. A designated offender who enters upon or loiters within 500 feet of a safety zone does not commit a violation of this Section 11.126(5) if any of the following apply:
1.
The property also supports a church, synagogue, mosque, temple,
or other house of religious worship, subject to all of the following
conditions:
a.
The designated offender's entrance and presence upon the property
occurs only during hours of worship or other religious programs/services
as posted to the public; and
b.
The designated offender shall not participate in any religious
education programs that include children.
c.
The designated offender is present for counseling or worship
purposes with the prior or contemporaneous knowledge and consent of
an individual in charge of the place of worship or such counseling
or worship.
2.
The property also supports a use lawfully attended by a child
or guardian of the designated offender, for which a child's use reasonably
requires the attendance of the designated offender upon the property,
subject to the following conditions:
3.
The property also supports a polling location in a local, state
or federal election, subject to all of the following conditions:
a.
The designated offender is eligible to vote;
b.
The property is the designated polling place for the designated
offender; and
c.
The designated offender enters the polling place property, proceeds
to cast a ballot with whatever usual and customary assistance is available
to any member of the electorate, and vacates the property immediately
after the voting.
4.
The property also supports a court, government office or room
for public governmental meetings, subject to all of the following
conditions:
a.
The designated offender is on the property only to transact
business at the government office or place of business, other than
a public library, or to attend an official meeting of a governmental
body; and
b.
The designated offender leaves the property immediately upon
completion of the business or meeting.
(6)
Exception for Placements Under Chapter 980 of the Wisconsin Statutes.
To the extent required by § 980.135 of the Wisconsin Statutes,
and notwithstanding the foregoing provisions of this chapter, the
Village of Suamico hereby exempts and may not enforce any portion
thereof that restricts or prohibits a sex offender from residing at
a certain location or that restricts or prohibits a person from providing
housing to a sex offender against an individual who is released under
Wisconsin Statutes § 980.08, or against a person who provides
housing to such individual, so long as the individual is subject to
supervised release under Chapter 980 of the Wisconsin Statutes, the
individual is residing where he or she is ordered to reside under
§ 980.08 of the Wisconsin Statutes, and the individual is
in compliance with all court orders issued under Chapter 980 of the
Wisconsin Statutes.
(7)
Severability. Should any section, paragraph, sentence, clause or
phrase of this section be declared unconstitutional or invalid for
any reason, or be repealed, it shall not affect the validity of this
section as a whole, or any part thereof, other than the part so declared
to be invalid or repealed.
(8)
Penalties. Any person, firm or entity who violates any provision
of this section shall, upon conviction thereof, be subject to a forfeiture
of at least $25 and not more than $2,500, together with the costs
of prosecution, and in default of payment thereof, shall be committed
to jail for a period not to exceed 90 days. Each violation and each
day such violation continues shall be considered a separate offense.
Neither the issuance of a citation nor the imposition of a forfeiture
hereunder shall preclude the Village from seeking or obtaining any
and all legal and equitable remedies available by law or this chapter.
(9)
Appeal.
(a)
Appeal. A designated offender who wishes to establish permanent residence or temporary residence within 1,500 feet of a safety zone, or a designated offender seeking a waiver of some or all restrictions imposed by this Section 11.126 may, no less than 30 days prior to establishing such residence, and no less than 30 days prior to entering any safety zone, appeal in writing to the Sexual Offender Residence Board. Written appeals must be directed to the Village of Suamico, c/o the Village Clerk.
(b)
Sexual Offender Residence Board. Upon receipt of written appeal as set forth in Section 11.126(9)(a) above, the Sexual Offender Residence Board shall convene within a reasonable period of time and determine whether it is within the public interest, health, safety and welfare to waive some or all of the requirements of this section as they would otherwise pertain only to the appellant-designated offender.
(c)
Considerations on Appeal.
1.
In making its determination under this provision, the Sex Offender
Residence Board may consider any or all of the following factors:
b.
Credibility of applicant.
c.
Remorse.
d.
Proximity of proposed residence to child congregation area.
e.
Support network of applicant.
f.
Support network and relationship of those at the proposed residence.
g.
Counseling and treatment.
h.
Any other facts relevant to the public health, safety and general
welfare within the sole discretion of the Board members.
2.
After deliberation, the Board shall forward its decision in
writing within 10 days to the designated offender, as well as to the
Brown County Sheriff's Department for its information and action.
3.
Membership. The Suamico Public Health and Safety Committee shall
serve as the Sex Offender Residence Board.
(10)
Sunset Provisions. This section shall remain in full force and
effect upon its passage and publication according to law unless and
until the Wisconsin State Legislature enacts preemptive legislation
on this topic, at which time this section shall sunset without further
action of the Village Board.
(11)
Effective Date. This section, as amended and restated above,
shall take effect upon its passage.
It is recognized that smoking is not only hazardous to the health
of those who smoke, but also to the health of non-smokers when in
the presence of those who are smoking. Therefore the purpose of this
section is to protect the public health, comfort, safety and welfare
by prohibiting smoking in certain areas.
(1)
BAR
BUSINESS
CONCESSION AREA
EMPLOYEE
EMPLOYER
ENCLOSED AREA
HEALTH CARE FACILITY
PLACE OF EMPLOYMENT
PRIVATE RESIDENCE
PUBLIC PLACE
SERVICE LINE
SMOKING
Definitions. For purposes of this section, the following terms have
the meanings indicated:
An establishment that is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the
serving of food is only incidental to the consumption of those beverages,
including but not limited to taverns, nightclubs, cocktail lounges,
and cabarets.
A sole proprietorship, partnership, joint venture, corporation
or other business entity, either for-profit or not-for-profit, including
retail establishments where goods or services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural, or other professional services are delivered, and private
clubs.
A place where food, drink or other refreshments are purchased
directly from a concession stand.
A person who may be required or directed by any employer,
in consideration of direct or indirect gain or profit, to engage in
any employment, or to go to work or be at any time in any place of
employment, and a person who volunteers his or her services for a
non-profit entity.
A person, business, partnership, association, trust, firm,
corporation, including a municipal corporation, for-profit or non-profit
entity, or governmental agency under the Village's authority that
has control over a place of employment.
A structure or area that has a roof and more than two substantial
walls. A "substantial wall" is a wall with no opening or with an opening
that either does not allow air in from the outside or that is less
than 25% of the wall's surface area. All operable windows must be
opened to their full extent at all times of occupancy as a smoking
area.
An office or institution providing care or treatment of diseases,
whether physical, mental, or emotional, or other medical, physiological,
psychological conditions, including but not limited to hospitals,
rehabilitation hospitals or other clinics, including weight control
clinics, nursing homes, or other similar types places.
Any area under the control of an employer including, but
not limited to, work areas, private offices, elevators, employee lounges,
restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias,
hallways, stairways, a lobby, and vehicles. A private residence shall
not be considered a place of employment unless it is used as a child
care, adult daycare or health care facility.
Premises owned, rented or leased for temporary or permanent
habitation, including lobbies, hallways and other common areas in
any apartment building, condominium, retirement facility, nursing
home or other multiple-unit residential facility.
Any area into which the public is invited or permitted, regardless
of whether a fee is charged, including elevators, reception areas,
waiting rooms, cafeterias, restrooms, lobbies, hallways and other
common areas in any retail building, mixed-use commercial building,
apartment building, condominium, retirement facility, nursing home
or other multiple-unit residential facility. A private residence located
within a mixed-use commercial building is not public place unless
it is used as a child care, adult daycare or health care facility.
An indoor or outdoor line in which one or more persons are
waiting for or receiving service of any kind, whether or not the service
involves the exchange of money, including but not limited to ATM lines,
concert lines or waiting for public transportation. The term "service
line" does not include lines in which people wait in their vehicle
such as a drive-through or car wash line.
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe or other lighted tobacco product in any manner or
in any form.
(2)
Prohibition of Smoking.
(a)
Public Places. Smoking is prohibited in any enclosed area of
a public place, service lines or designated Village property. Nothing
in this section shall be interpreted as a limitation on the right
of a property owner to prohibit smoking in any area where smoking
is not prohibited by the ordinance.
(b)
Place of Employment. It shall be unlawful for any person to
smoke cigarettes or tobacco products in any enclosed area of a place
of employment.
(c)
Prohibited Areas. Smoking is prohibited in the following places:
concession areas of restaurants, service lines, bus shelters, theatres,
daycare centers, educational facilities, restaurants, taverns, private
clubs, retail establishments, common areas of multiple unit residential
properties, lodging establishments, inpatient health care facilities,
government buildings, outdoor seating areas such as stadiums, bleachers
or outdoor auditoriums for spectators of sports events, outdoor theaters,
amphitheaters, public conveyances (mass transit vehicles and school
buses), pavilions, gymnasiums, swimming pools, skating rinks, bowling
center, or similar areas used by spectators at other public events.
(d)
Smoking is prohibited in all enclosed places other than those
listed, that are places of employment or public places.
(e)
Village Parks. Smoking is prohibited in any enclosed area in
Village parks.
(f)
Paraphernalia Prohibited. Ashtrays, matches, and other smoking
paraphernalia shall not be located in areas where smoking is prohibited.
(3)
Exceptions. The following areas shall not be subject to the smoking
restrictions of this section:
(a)
Private residences are exempt from this section unless they
are used as a child care facility, adult care facility, or health
care facility.
(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.
(4)
Posting of Signs.
(a)
Every public place, place of employment, or any other area where
smoking is prohibited by the ordinance shall have posted at every
entrance a conspicuous sign clearly stating that smoking is prohibited.
Every vehicle that constitutes a place of employment shall post a
conspicuous sign likely to be seen by any occupant clearly stating
that smoking is prohibited. Use of the international "No Smoking"
symbol, a pictorial representation of a burning cigarette in a red
circle with a red bar across the cigarette, shall be construed as
a clear statement that smoking is prohibited. The posting of signs
is an affirmative duty upon the owner or operator of a public place,
but failure of the owner or operator of a public place to post signs
shall not be a defense to prosecution of a violation of this section.
All such signs shall reference this subsection of the Suamico Village
Code.
(b)
Each sign and the language contained therein shall be clearly
visible from a distance of at least 10 feet. Every vehicle that constitutes
a place of employment under this section shall have at least one conspicuous
sign, visible from the exterior of the vehicle, clearly stating that
smoking is prohibited.
(c)
It shall be unlawful for any person to remove, deface, or destroy
any sign required by this section, or to smoke in any place where
any such sign is posted.
(5)
Retail Sales of Cigarettes. Nothing in this section shall prohibit retail sales of pre-packaged cigarettes and cigars upon obtaining a license pursuant to Chapter 5 of the Suamico Code of Ordinances.
(6)
Enforcement. The Police Department, Fire Department, Village Zoning
Administrator or their designee shall have the power, under law, to
enter upon the premises named in this section to ascertain whether
the premises are in compliance with this section.
(a)
The proprietor, employer or other person in charge of premises
regulated hereunder, upon either observing or being advised of a violation,
shall make reasonable efforts to prevent smoking in prohibited areas
by approaching smokers who fail to voluntarily comply with this section
and requesting that they extinguish their cigarette or tobacco product
and refrain from smoking. If the person refuses to comply, the proprietor,
employer or other person in charge may ask the person to leave the
premises, and to contact the Police Department if the person does
not leave after being requested to do so.
(b)
Any person who desires to register a complaint under this section
may contact the Police Department.
(c)
Any person who violates, or knowingly allows or permits any
violation of, any provision of this section, shall be subject to a
forfeiture of not less than $25 and not more than $2,500 per violation.
Failure or refusal to pay the forfeiture may result in imprisonment
for a period of not more than 90 days for each violation. A separate
offense and violation shall be deemed committed on each day on which
a violation occurs or continues.
(7)
Clean Indoor Air.
(a)
Intent and Construction. The Village of Suamico finds that it
is in the interest of the health, safety and welfare of the community
to adopt by reference 2009 Wisconsin Act 12, and subsequent amendments,
additions and recodifications. This section shall not be construed
to mean that progressive discipline of Village employees for violations
of laws, rules, and regulations is only authorized where explicitly
provided by ordinance.
(b)
Penalty. The penalties provided by 2009 Wisconsin Act 12 shall
be in addition to the penalties provided for violation of Chapter
11.199 when a person has violated both laws. In addition to the penalties
provided by this section and 2009 Wisconsin Act 12, any Village employee
who violates any provision of this section or 2009 Wisconsin Act 12,
may also be subject to progressive discipline by his or her employer.
(1)
Possession Use and Sale are Illegal. It shall be illegal for any
person to possess or attempt to possess a control substances specified
in Section 961.14(4)(tb) to (ty) Wisconsin Statutes as further defined
in 2011 Wisconsin Act 31.
(2)
First Offense Violation Only. Now withstanding the foregoing, any
person who is charged with possession of a controlled substances specified
in Section 961.14(4)(tb) and (ty) following a conviction for a controlled
substance in this state shall not be prosecuted under this section
pursuant to Section 66.0107(1)(bn) Wisconsin Statutes.
(3)
Penalties. Any person violating this section shall be subject to
a forfeiture of not less than $25 nor more than $2,500 exclusive of
cost and upon failure to pay the same shall be confined in the county
jail for not more than 90 days.
(1)
Purpose. The primary purpose of this section is to prevent the misuse
of the emergency 911 number. Further, it is meant to encourage parents
or the legal guardian of a minor, to maintain control over the actions
of the minor and prevent the misuse of the 911 emergency number.
(2)
Misuse. The intentional calling of 911 emergency number and knowingly
giving a false report, or no report, or as a prank when no emergency
exists and no valid request is made for emergency services.
(3)
General Provisions.
(a)
It shall be a violation of this section for anyone to intentionally
call the 911 emergency number to knowingly give false information,
no information as a prank, or when no valid request for emergency
services exist.
(b)
A parent or legal guardian of a minor may be found liable for
any injury or damage, which may result from the misuse of the 911
number and penalties may be imposed under Wis. Stats. § 895.035.
(c)
This section does not attempt to restrict emergency calls, but
only to prevent the misuse of the 911 number.
(4)
Penalty. Any person violating the provisions of this section shall,
upon conviction, be subject to a forfeiture of not less than $25 nor
more than $2,500, together with the costs of prosecution, and upon
default of payment be imprisoned in the county jail not less than
two days nor more than 90 days.
(a)
Parents or a legal guardian may be held liable for the acts
of minors subject to the above penalties, if they know or should have
known that the absence of control of their minor may or could result
in the misuse of 911.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 942.01 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 942.03 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
the statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 942.05 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
the statute incorporated herein are intended to be made part of this
chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 942.09(1), (3m), and
(5) are hereby adopted and by reference made part of this chapter
as if fully set forth herein. Any future amendments, revisions, or
modifications of the statute incorporated herein are intended to be
made part of this chapter.
Except as otherwise specifically provided in this chapter, the
statutory provisions in Wis. Stats. § 942.10 are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
the statute incorporated herein are intended to be made part of this
chapter.
[Added 5-2-2022 by Ord. No. 2022-08]
Except as otherwise specifically provided in this chapter, the
statutory provisions in § 192.32, Wis. Stats., are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
[Added 5-2-2022 by Ord. No. 2022-08]
Except as otherwise specifically provided in this chapter, the
statutory provisions in § 192.321, Wis. Stats., are hereby
adopted and by reference made part of this chapter as if fully set
forth herein. Any future amendments, revisions, or modifications of
this statute incorporated herein are intended to be made part of this
chapter.
(1)
Penalty. Any person who violates, or knowingly allows or permits
any violation of, any provision of this section, shall be subject
to a forfeiture of not less than $25 and not more than $2,500 per
violation. Failure or refusal to pay forfeiture may result in imprisonment
for a period of not more than 90 days for each offense. A separate
offense and violation shall be deemed committed on each day on which
a violation occurs or continues.
(2)
Severability. If a court of competent jurisdiction deems any provision
of this section invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the other provisions of the same. The several sections
of this section are declared to be severable. If any section or portion
thereof shall be declared by a decision of a court of competent jurisdiction
to be invalid, unlawful or unenforceable, such decision shall apply
only to the specific section or portion thereof directly specified
in the court's decision, portions remaining in the ordinance shall
retain the full force and effect thereof.
(3)
Enforcement. Enforcement of this chapter shall be the responsibility
of the Board or its designee, and/or Police Department.
