[Adopted 8-5-1997 by Ord. No. 97-1461 as
Secs. 10.04, 10.19, 10.11, 10.30, 10.44, 10.06, 10.07, 10.32, 10.10,
10.24, 10.25, 10.45, 10.49, 10.13, 10.46, 10.28, 10.56, 10.60 and
10.54 of the 1997 Code]
No person shall, within the City:
A.
In any public or private place engage in violent,
abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct under circumstances which tend to cause or provoke
a disturbance.
B.
Intentionally cause, provoke or engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
No person shall injure, deface, destroy, remove,
take or meddle with any property of any kind belonging to the City
or its departments or to any person or association without the consent
of the owner or proper authority.
No person shall use any indecent, vile, profane
or obscene language or conduct himself or herself in any indecent,
lewd, lascivious or obscene manner within the City.
No person shall knowingly or intentionally do
any of the following in a public place:
A.
Engage in sexual intercourse, masturbation, sodomy,
bestiality, necrophilia, fellatio or cunnilingus;
B.
Appear in a state of nudity, "nudity" meaning the
showing of the human male or female genitals, pubic area, perineum,
or buttocks with less than a fully opaque covering, the showing of
the female breast with less than a fully opaque covering below the
point immediately above the top of the areola, or the showing of covered
male genitals in a discernibly turgid state; or
C.
Fondle the genitals of himself or herself or another
person.
[Amended 10-6-2009 by Ord. No. 2009-1983]
A.
ELECTRONIC COMMUNICATIONS SYSTEM
As used in this section, the following terms shall have the meanings
indicated:
Any method of communicating which uses any wire, radio, electromagnetic,
photooptical or photoelectronic facilities for the purposes of transmitting
a communication including any computer facilities or related electronic
equipment for the electronic storage of such communications. This
definition shall include, but is not limited to, landline telephones,
facsimile machines, cellular telephones, text messages, MMS messages,
electronic mail messages, instant messaging systems and other social
media communications.
B.
Whoever uses an electronic communications system to do any of the following, provided that the communication originates or terminates within the limits of the City, shall, upon conviction, have a penalty imposed as provided in § 183-79:
(1)
Makes any comment, request, suggestion or proposal which is obscene,
lewd, lascivious, filthy or indecent.
(2)
Makes a telephone call, whether or not conversation ensues, with
the intent to abuse, threaten or harass any person at the called number
or numbers.
(3)
Makes or causes the telephone of another repeatedly or continuously
to ring, with intent to abuse, threaten or harass any person at the
called number or numbers.
(4)
Makes repeated telephone calls, during which conversation ensues,
solely to abuse, threaten or harass any person at the called number
or numbers.
(5)
Repeatedly sends a message or other communication with the intent
to abuse, threaten or harass another person.
(6)
Sends a message or makes any other communication with the intent
to abuse, threaten or harass another person while intentionally preventing
or attempting to prevent the disclosure of his or her own identity.
(7)
Knowingly permits any electronic communications service device under
his or her control to be used for any purpose prohibited by this section.
(8)
In conspiracy or concerted action with other persons, makes repeated
or simultaneous communications solely to abuse, threaten or harass
any person at the called number or numbers.
(9)
With the intent to abuse, threaten or harass another person, undertakes
any combination of the above activities.
At a time of any public parade, accident, riot,
public peril or other circumstance causing people to congregate or
assemble, no person shall enter, break through or remain within the
danger lines or other bounds established by the safety patrol officer
or by or under the direction of any authorized City official or employee
for the preservation of public safety, peace and order, unless such
person be duly authorized by an officer there in charge.
B.
OBSTRUCTS
OFFICER
As used in the section, the following terms shall
have the meanings indicated:
Includes, without limitation, knowingly giving false information
to the officer or knowingly placing physical evidence with intent
to mislead him or her in the performance of his or her duty, including
the service of any summons or civil process.
[Amended 6-5-2018 by Ord.
No. 2018-2326]
A peace officer or other public officer or public employee
having the authority by virtue of his or her office or employment
to take another into custody.
C.
Whoever by violation of this section hinders, delays
or prevents an officer from properly serving or executing any summons
or civil process is civilly liable to the person injured for any actual
loss caused thereby and to the officer or his or her superior for
any damages adjudged against either of them by reason thereof.
No person shall operate or be an inmate of a
house of prostitution or engage in prostitution within the City.
No person shall cause bodily harm to another
by an act done with intent to cause bodily harm to that person or
another without the consent of the person so harmed.
No person shall cause bodily harm to a peace
officer, as defined in § 939.22(22), Wis. Stats., or fire
fighter acting in his or her official capacity and the person knows
or has reason to know that the victim is a peace officer or fire fighter
by an act done with intent to cause bodily harm to the peace officer
or fire fighter without consent of the person so injured.
Section 943.20(1) and (2), Wis. Stats., is hereby
adopted by reference and made a part of this article as if fully set
forth therein.
Section 943.50, Wis. Stats., and as amended
from time to time, is hereby adopted by reference and made a part
of this article as if fully set forth herein.
No person shall intentionally receive or conceal
stolen property with a value that does not exceed $500.
Section 943.41(1) through (7), Wis. Stats.,
is hereby adopted by reference and made a part of this article as
if fully set forth herein.
A.
(1)
Having obtained any food, lodging or other service
or accommodation at any hotel, motel, boarding or lodging house or
restaurant, intentionally absconds without paying for it.
(2)
While a guest at any hotel, motel, boarding or lodging
house or restaurant, intentionally defrauds the keeper thereof in
any transaction arising out of such relationship as guest.
B.
Under this section, prima facie evidence of an intent
to defraud is shown by:
(1)
The refusal of payment upon presentation when due
and the return of any bank check or order for the payment of money,
given by return and guest to any hotel, motel, boarding or lodging
house or restaurant, in payment of any obligation arising out of such
relationship as guest. Such facts shall also be deemed prima facie
evidence of an intent to abscond without payment.
(2)
The failure or refusal of any guest at a hotel, motel,
boarding or lodging house or restaurant, to pay, upon written demand,
the established charge for food, lodging or other service or action
actually rendered.
(3)
The giving of false information on a lodging registration
form or the presenting of false or fictitious credentials for the
purpose of obtaining lodging or credit.
(4)
The drawing, endorsement, issuing or delivering to
any hotel, motel, boarding or lodging house or restaurant, of any
check, draft or order for payment of money upon any bank or other
depository, in payment of established charges for food, lodging or
other service or accommodation, knowing at the time that there is
not sufficient credit with the drawee bank or other depository for
payment in full of the instrument drawn.
No person shall make false statements as follows:
A.
Under oath or affirmation make or subscribe false
statement which the person does not believe is true, when such oath
or affirmation is authorized or required by any public officer or
governmental agency as a prerequisite to such officer or agency taking
some official action.
B.
Make or subscribe inconsistent statements under oath
or affirmation in regard to any matter respecting which an oath or
affirmation is in each case authorized or required by any public officer
or governmental agency as a prerequisite to such officer or agency
taking some official action under circumstances which demonstrate
that the witness or subscriber knew at least one of the statements
to be false when made.
Any officer or other person who delivers or procures to be delivered or has in his or her possession with intent to deliver to any inmate confined in the Milwaukee County House of Correction or shall deposit or conceal in or about such House of Correction, or the precincts thereof, or in any vehicle going into the premises belonging to the House of Correction, any article or thing whatever, with intent that any inmate confined therein shall obtain or receive the same, or who receives from any inmate any article or thing whatever with intent to convey the same out of the House of Correction, contrary to the rules or regulations and without the knowledge or permission of the Superintendent thereof, shall be subject to the penalty provisions set forth in Chapter 1, General Provisions, § 1-19.
A.
Aid and abet. No person shall intentionally aid and
abet, advise, hire, counsel or otherwise procure or assist another
to violate a City ordinance. A person can aid and abet even though
the person did not directly commit the violation and even if the person
who directly committed the violation has not been found guilty of
that or some other violation based upon the same set of facts.
B.
Solicitation. No person shall, with the intent that
an ordinance be violated, advise another to violate an ordinance,
even though the person did not directly commit the ordinance violation
or did not directly violate the ordinance.
C.
Attempt. No person shall intend to perform acts and
violate an ordinance which, if complete, would violate an ordinance
and do any act toward the violation of the ordinance.
[Added 3-7-2000 by Ord. No. 2000-1595]
A.
Graffiti defined. "Graffiti" means any inscription,
word, figure or design, marked, scratched, etched, drawn or painted
with spray paint, liquid paint, ink, chalk, dye or other similar substances,
on buildings, fences, structures and other similar places, without
the express written consent of the owner or operator of the property.
B.
Prohibited conduct. No person may write, paint or
draw any inscription, figure or mark of any type on any public or
private building or other real or personal property owned, operated
or maintained by any public or private person, entity, agency, firm
or corporation, unless the express permission of the owner or operator
of the property has been obtained.
C.
Graffiti removal. The existence of graffiti on any property within the City is expressly declared to be a public nuisance as it affects the public health, safety and welfare. No owner of any property within the City may maintain or allow any graffiti to remain upon such property when the graffiti is visible from the street or other public or private property. The Building Inspection Department may serve any property owner whose property has been injured by the application of graffiti with a written order to remove, cover, clean up or repair such property within 15 days of the date of such order. Such order may be served personally or by registered, certified or regular mail, and service upon any one of joint or in-common owners shall constitute valid service upon all property owners. Should such property owner fail to comply with the terms of such order, in addition to the penalties set forth under Subsection D below, the City may obtain the removal, covering, clean up or repair of such graffiti upon its own instance as a special charge against the property, pursuant to § 66.0627, Wis. Stats., or by way of other available relief to abate such nuisance.
[Amended 3-5-2002 by Ord. No. 2002-1708]
[Added 8-5-2008 by Ord. No. 2008-1952; amended 7-21-2009 by Ord. No. 2009-1975]
A.
EMERGENCY
STATEWIDE EMERGENCY SERVICES NUMBER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
As used within this section, shall mean a situation for which
an immediate response by public safety personnel is essential because
of the possibility of property damage or loss, bodily harm, including
a potentially life-threatening illness or condition and/or any similar
situation which mandates the immediate attention of public safety
personnel.
The "911" emergency number system described in § 256.35,
Wis. Stat.
B.
Use of statewide emergency services number. No person shall use the
statewide emergency services number for any purpose other than to
report an emergency.
C.
Intentional misuse. Any person who intentionally dials the statewide
emergency services number to report an emergency, knowing that the
fact situation which he or she reports does not exist, shall forfeit
not less than $50 nor more than $300 for the first offense and not
less than $500 nor more than $2,500 for any subsequent offenses which
occur within one year of a prior offense.
D.
Repeated inadvertent or mistaken misuse.
(1)
No person shall, by mistake, inadvertence or otherwise, make
continual and/or repeated calls to the statewide emergency services
number when attempting to make a nonemergency call, including, but
not limited to, mistakes in dialing country codes and the use of "outside
line" prefix numbers.
(2)
Where violations of this subsection stem from calls made to
the statewide emergency services number which are placed from a business
or other location that has multiple phone lines servicing the location,
the business owner and/or the listed owner of the offending telephone
number shall be liable for violations of this subsection.
(3)
Violations of this subsection shall be subject to forfeitures
as follows:
[Amended 12-6-2011 by Ord. No. 2011-2064]
(a)
For the fourth and fifth violations in any calendar year, a
forfeiture of $50.
(b)
For the sixth and seventh violations in any calendar year, a
forfeiture of $100.
(c)
For the eighth and ninth violations in any calendar year, a
forfeiture of $150.
(d)
For the 10th and all subsequent violations in any calendar year,
a forfeiture not less than $200 nor more than $1,000.
E.
Responsibility of parents and/or guardians. No parent, guardian,
or other adult person having the care and custody of a person under
the age of 18 shall allow such minor or have such insufficient control
to allow such minor to violate this section. Said person shall be
subject to forfeitures hereunder as if he or she were the actual violator.
F.
For the purposes of calculating violations under this section, each
separate call to the statewide emergency services number shall constitute
a separate violation.
