[Amended 12-8-2009 by Ord. No. 2421; 9-28-2021 by Ord. No. 2653]
For the purpose of this chapter, the definitions of words and
phrases contained in Chapters 939 to 948, Chapter 951 and § 990.01
of the Wisconsin Statutes, as the same may be from time to time amended,
are hereby adopted and by reference made a part hereof with the same
force and effect as if fully set forth herein.
[Amended 9-28-2021 by Ord. No. 2653]
In the sections and subsections of the Wisconsin Statutes, as enumerated in §
188-3:
A. Whenever the word "crime" is used, it shall be replaced with the
word "offense."
B. When the phrase "criminal intent" is used, it shall be replaced with
word "intent."
C. Whenever the phrase "criminally reckless" is used, it shall be replaced
with the word "reckless."
D. Whenever the phrase "criminally negligent" is used, it shall be replaced
with the word "negligent."
E. Whenever the term "court" is used, it shall be interpreted to mean
the New Berlin Municipal Court.
F. Whenever the phrase "District Attorney" is used, it shall be replaced
with "City Attorney."
[Amended 9-28-2021 by Ord. No. 2653]
A. Except as otherwise specifically provided in this chapter, the Wisconsin
state statutory provisions enumerated below, which describe, define
and prohibit certain conduct, exclusive of any provisions therein
relating to penalties to be imposed and exclusive of any regulations
for which the statutory penalty is a fine or term of imprisonment,
are hereby adopted and by reference made a part of this section as
if fully set forth herein. Any act required to be performed or prohibited
by any statute incorporated herein by reference is required or prohibited
by this section. Any future amendments, revisions or modifications
of the statutes incorporated herein are intended to be made part of
this section in order to secure uniform regulation of such laws.
(10)
Section 252.25, Wis. Stats.
(11)
Section 323.28, Wis. Stats.
(12)
Section 450.11, Wis. Stats.
(13)
Sections 940.19 through 949.24, Wis. Stats.
(14)
Section 961.41, Wis. Stats.
(15)
Section 961.43, Wis. Stats.
(16)
Sections 961.571 through 961.577, Wis. Stats.
B. All citations issued for violations of this section shall include
the numbered statutory section designation preceded by the prefix
"188-3."
C. Marijuana offenses. Subject to the exceptions set forth in § 961.41(3g),
Wis. Stats., and pursuant to authority under § 66.0107(1)(bm),
Wis. Stats., a police officer may issue a citation for possession
of marijuana. A police officer may issue a citation for possession
of more than 25 grams of marijuana or possession of any amount of
marijuana following a conviction in this state under Ch. 961, Wis.
Stats., provided the district attorney has dismissed charges for the
same conduct or declined to prosecute such case.
D. Synthetic cannabinoids offenses. Pursuant to the authority in § 66.0101(1)(bn),
Wis. Stats., a police officer may issue a citation for possession
of a controlled substance specified in § 961.14(tb), Wis.
Stats., provided that a person previously convicted in this state
under Ch. 961, Wis. Stats., may not be prosecuted under this section
for the same conduct unless the district attorney has dismissed the
charges or declined to prosecute such case.
[Amended 9-28-2021 by Ord. No. 2653]
A. Solicitation. Whoever, with intent that an offense be committed,
advises another to commit that offense under circumstances which indicate
unequivocally that the person has such intent shall forfeit an amount
not to exceed the maximum provided for the completed offense.
B. Conspiracy. Whoever, with intent that an offense under this section
be committed, agrees or combines with another for the purpose of committing
that offense shall, if one or more of the parties to the conspiracy
does an act to effect its object, forfeit an amount not to exceed
the maximum provided for the completed offense.
C. Attempt. An attempt to commit an offense requires the actor have
an intent to perform acts and attain a result, which, if accomplished,
would constitute such offense and that the person does act toward
the commission of the offense which demonstrates, under all the circumstances,
that the person formed an intent and would commit the offense, except
for the intervention of another person or some other extraneous factor.
Whoever attempts to commit an offense under this section shall forfeit
an amount not to exceed the maximum provided for the completed offense.
[Amended 9-28-2021 by Ord. No. 2653]
Whoever is concerned in the commission of an act prohibited by Chapter
188 of the New Berlin Municipal Code is a principal and may be charged with and convicted of the commission of said act although the person did not directly commit it and although the person who directly committed it has not yet been convicted of some other act prohibited by these ordinances. A person is concerned in the commission of an act prohibited by these ordinances if he or she:
A. Directly commits the act; or
B. Intentionally aids and abets the commission of it; or
C. Is a party to a conspiracy with another to commit it or advises,
hires, counsels, or otherwise procures another to commit it. Such
party is also concerned in the commission of any other act which is
committed in pursuance of the intended violation and which, under
the circumstances, is the natural and probable consequence of the
intended violation. This subsection does not apply to a person who
voluntarily changes their mind and no longer desires that the act
be committed and notifies the other parties concerned of their withdrawal.
The withdrawal needs to be within a reasonable time before the commission
of the violation so to allow the others to also withdraw.
No person shall, within the City, display any
indecent advertisement.
No person shall open or transport open containers
of fermented malt beverages or intoxicating liquor in any motor vehicle
upon any public highway, and the driver of any motor vehicle shall
require any person in the motor vehicle to comply with this section
and shall be guilty of a violation if any person does not comply.
[Amended 3-23-2021 by Ord. No. 2648]
The use of electrical service on City of New Berlin property, including public rights-of-way, parks, public works and utility facilities, public safety facilities is strictly prohibited without the express written permission of the City of New Berlin. Said permission may only be granted as part of a special event permit, park facility use permit or written authorization from the City. The use of City electrical service without said permission shall be subject to a penalty as provided in Chapter
1, General Provisions, §
1-18 or this Code.