A.
Discharge and possession of firearms regulated. No
person, except a police officer or other law enforcement officer in
the performance of an official duty, shall fire or discharge any firearm,
rifle, spring gun, air gun or pneumatic pellet gun of any description
or bow and arrow within the City or have any firearm, rifle, spring
gun, air gun or pneumatic pellet gun or bow and arrow in his or her
possession or under his or her control unless it is unloaded and enclosed
or encased within a carrying case or other suitable container pursuant
to state law.
B.
Shooting into City limits. No person shall, in the
territory adjacent to the City, discharge any firearm in such manner
that the discharge shall enter or fall within the City.
C.
Shooting ranges. This section shall not prevent the
maintenance and use of duly supervised rifle or pistol ranges or shooting
galleries approved by the Common Council, after an advisory recommendation
from the Chief of Police, where proper safety precautions are taken.
D.
Explosive devices. No person shall discharge or detonate
any dynamite, nitroglycerin or other explosive within the City without
first obtaining a permit to do so from the Chief of Police.
E.
Hunting prohibited. Hunting is prohibited within the
corporate limits of the City of Manawa.
F.
Definitions. For purposes of this section, a "firearm"
is defined as any instrumentality from or with which a shot, bullet
or pellet may be discharged or expelled, regardless of whether the
propelling force is provided by air, spring or other similar mechanical
device or gunpowder.
[Amended 10-17-2011 by Res. No. 2011-13]
A.
Carrying
concealed weapons.
(1)
Effective
November 1, 2011, "Carrying Concealed Weapons," as stated in 2011
Wisconsin Act 35 and the applicable state statutes contained within
Act 35, are adopted by reference under this City of Manawa chapter.
(2)
Except
that no person carrying a weapon as defined by 2011 Wisconsin Act
35, except a law enforcement officer, shall enter any building owned,
operated, or controlled by City of Manawa.
(3)
No
person carrying a weapon as defined in 2011 Wisconsin Act 35, except
a law enforcement officer, shall enter any special event on land owned
by the City of Manawa;
(4)
All
buildings and land affected by this section shall be posted in conformance
with state law (refer to 2011 Wisconsin Act 35), no later than the
effective date of 2011 Senate Bill 93, stating that, "Carrying a weapon
as defined under 2011 Wisconsin Act 35 in said building or on said
property is prohibited."
[Amended 1-3-2000]
A.
AIRCRAFT
ENCASED
FIREARM
HIGHWAY
MOTORBOAT
ROADWAY
UNLOADED
VEHICLE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Has the meaning given under W.S.A. s. 114.002(3).
Enclosed in a case that is expressly made for the purpose
of containing a firearm and that is completely zipped, snapped, buckled,
tied or otherwise fastened with no part of the firearm exposed.
A weapon that acts by force of gunpowder.
Has the meaning given under W.S.A. s. 340.01(22).
Has the meaning given under W.S.A. s. 30.50(6).
Has the meaning given under W.S.A. s. 340.01(54).
Any of the following:
B.
Prohibitions; motorboats and vehicles; highways and
roadways.
(1)
Except as provided in Subsection D, no person may:
(a)
Place, possess or transport a firearm, bow or
crossbow in or on a motorboat with the motor running, unless the firearm
is unloaded or unless the bow or crossbow is unstrung or is enclosed
in a carrying case.
(b)
Place, possess or transport a firearm, bow or
crossbow in or on a vehicle, unless the firearm is unloaded and encased
or unless the bow or crossbow is unstrung or is enclosed in a carrying
case.
(c)
Load or discharge a firearm or shoot a bolt
or an arrow from a bow or crossbow in or from a vehicle.
(d)
Load or discharge a firearm or shoot a bolt
or an arrow from a bow or crossbow from or across a highway or within
50 feet from the center of a roadway.
C.
Prohibitions; aircraft.
(1)
Except as provided in Subsection D, no person may:
(a)
Place, possess or transport a firearm, bow or
crossbow in or on an aircraft, unless the firearm is unloaded and
encased or unless the bow or crossbow is unstrung or is enclosed in
a carrying case.
(b)
Load or discharge a firearm or shoot a bolt
or an arrow from a bow or crossbow in or from an aircraft.
D.
Exceptions.
(1)
Subsections B and C do not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:
(a)
A peace officer, as defined under W.S.A. s.
939.22(22).
(b)
A member of the United States Armed Forces.
(c)
A member of the National Guard.
(d)
A private security person, as defined in W.S.A.
s. 440.26(lm), who meets all of the following requirements:
[1]
He or she holds either a private detective license
issued under W.S.A. s. 440.26(2)(a)2. or a private security permit
issued under W.S.A. s. 440.26(5).
[2]
He or she holds a certificate of proficiency
to carry a firearm issued by the Department of Regulation and Licensing.
[3]
He or she is performing his or her assigned
duties or responsibilities.
[4]
He or she is wearing a uniform that clearly
identifies him or her as a private security person.
[5]
His or her firearm is in plain view, as defined
by rule by the Department of Regulation and Licensing.
(3)
Subsection B(1)(a) does not apply to a person using a bow or a crossbow for fishing from a motorboat.
(5)
A holder of a Class A or Class B permit under W.S.A.
s. 29.193(2) who is hunting from a stationary vehicle may load and
discharge a firearm or shoot a bolt or an arrow within 50 feet of
the center of a roadway if all of the following apply:
(a)
The roadway is part of a county highway, a town
highway or any other highway that is not part of a street or of a
state trunk or federal highway.
(b)
The vehicle is located off the roadway and is
not in violation of any prohibition or restriction that applies to
the parking, stopping or standing of the vehicle under W.S.A. ss.
346.51 to 346.55 or under a regulation enacted under W.S.A. s. 349.06
or 349.13.
(c)
The holder of the permit is not hunting game
to fill the tag of another person.
(d)
The holder of the permit has obtained permission
from any person who is the owner or lessee of private property across
or on to which the holder of the permit intends to discharge a firearm
or shoot a bolt or an arrow.
(e)
The vehicle bears special registration plates
issued under W.S.A. s. 341.14(1), (1a), (1e), (1m) or (r) or displays
a sign that is at least 11 inches square on which is conspicuously
written "disabled hunter."
(f)
The holder of the permit discharges the firearm
or shoots the bolt or arrow away from and not across or parallel to
the roadway.
(7)
For purposes of Subsection D(5), a person may stop a vehicle off the roadway on the left side of the highway.
(8)
For purposes of Subsection D(5)(d), "private property" does not include property leased for hunting by the public, land that is subject to a contract under Subchapter I of Chapter 77, or land that is subject to an order designating it as managed forest land under Subchapter VI of Chapter 77 and that is not designated as closed to the public under W.S.A. s. 77.83(l).
(9)
Subsection B(1)(b) does not prohibit a person from leaning an unloaded firearm against a vehicle.
E.
Rules. The Department of Natural Resources may further restrict hunting from stationary vehicles on county or town highways by promulgating rules designating certain county and town highways, or portions thereof, upon which a holder of a Class A or Class B permit issued under W.S.A. s. 29.193(2) may not discharge a firearm or shoot a bolt or an arrow from a bow or crossbow under W.S.A. Subsection D(5). For each restriction of hunting from a county or town highway contained in a rule to be promulgated under this subsection, the Department shall submit a specific justification for the restriction with the rule submitted to legislative council staff for review under Subsection D(5).
F.
Weapons assessment.
(1)
If a court imposes a fine or forfeiture for a violation
of this section, the court shall also impose a weapons assessment
equal to 75% of the amount of the fine or forfeiture.
(2)
If a fine or forfeiture is suspended in whole or in
part, the weapons assessment shall be reduced in proportion to the
suspension.
(3)
If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the weapons assessment under this subsection. If the deposit is forfeited, the amount of the weapons assessment shall be transmitted to the state treasurer under Subsection F(4). If the deposit is returned, the amount of the weapons assessment shall also be returned.
(4)
The Clerk of the Circuit Court shall collect and transmit
to the County Treasurer the weapons assessment as required under W.S.A.
s. 59.40(2)(m). The County Treasurer shall then pay the State Treasurer
as provided in W.S.A. s. 59.25(3)(f)2. The State Treasurer shall deposit
all amounts received under this subsection in the conservation fund
to be appropriated under W.S.A. s. 20.370(3)(mu)
A.
It shall be unlawful for any person to discharge or
throw by any means any dangerous missile, object, arrow, stone, snowball
or other missile within the City of Manawa; provided, however, that
upon written application to the Chief of Police and Common Council,
a person may be granted permission by the Common Council to construct
and maintain a supervised noncommercial archery range if, in the opinion
of the Common Council, the construction or maintenance of such range
will not endanger the public health and safety.
B.
Any person or persons throwing and/or shooting any
device from a motorized vehicle or nonmotorized vehicle, trailer,
float or from any other device during a parade or nonparade will be
in violation of this section and subject to a fine of $50 and/or 5
hours of community service. This section will apply to any spectator
watching or witnessing a parade within the City limits of Manawa who
throws or shoots any device.
[Added 6-17-1996]
A.
Whoever commits any of the following acts shall be subject to Chapter 1, § 1-21, General penalty, of this Code:
(1)
Makes any comment, request, suggestion or proposal
which is obscene, lewd, lascivious 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 harass any person at the called
number or numbers.
(4)
Makes repeated telephone calls, during which conversation
ensures, solely to harass any person at the called number or numbers.
(5)
Knowingly permits any telephone under his or her control
to be used for any purpose prohibited by this section.
(6)
In conspiracy or concerted action with other persons,
makes repeated calls or simultaneous calls solely to harass any person
at the called number or numbers.
No person shall sell, expose or offer for sale, use, keep, discharge or explode any fireworks, except toy pistol paper caps, sparklers and toy snakes, within the limits of the City unless he or she shall be authorized by a fireworks permit as provided in Chapter 155 of this Code. The term "fireworks," as used in this section, shall be defined as provided in W.S.A. s. 167.10(1) and shall be deemed to include all fireworks, rockets or similar missiles containing explosive fuel.
A.
Obstructing streets. No person shall stand, sit, loaf
or loiter or engage in any sport or exercise on any public street,
bridge or public ground within the City in such manner as to prevent
or obstruct the free passage of pedestrian or vehicular traffic thereon
or to prevent or hinder free ingress or egress to or from any place
of business or amusement, church, public hall or meeting place.
B.
Blocking sidewalk prohibited. No person shall block
any sidewalk by obstructing the same so that it is impossible for
a pedestrian to travel along the sidewalk without leaving the sidewalk
and walking on adjacent property or on the street.
C.
Free speech. This section shall not be interpreted
as prohibiting any person from stopping on any sidewalk to talk or
to make a speech, provided that such person shall not stand in such
a location that it is impossible for any pedestrian to travel along
the sidewalk without leaving the sidewalk and walking on adjacent
property or on the street. If two or more persons are engaged in talking
while stopped on a sidewalk they shall not stand in such locations
as to completely prevent any pedestrian from passing them on the sidewalk.
D.
BLOCK
SIDEWALK
Definitions. As used in this section, the following
terms shall have the following meanings, unless the context clearly
indicates that a different meaning is intended:
To interfere with unobstructed travel by any means, including
but not limited to standing on the part of the walk that is fit for
travel or placing any object or vehicle whatsoever on such walk.
Any sidewalk owned or maintained by the City. The term shall
not include sidewalks or walkways on private property in shopping
centers, apartment complexes, office building sites or any other private
property.
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 or peace officer shall,
prior to any arrest for an offense under this section, afford the
person an opportunity to dispel any alarm which would otherwise be
warranted by requesting him 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 section if the police or peace offer did
not comply with the preceding sentence or if it appears at trial that
the explanation given by the person was true and, if believed by the
police or peace officer at the time, would have dispelled the alarm.
A.
Loud and unnecessary noise prohibited. It shall be
unlawful for any person to make, continue or cause to be made or continued
any loud and unnecessary noise.
B.
Types of loud and unnecessary noises. The following
acts are declared to be loud, disturbing and unnecessary noises in
violation of this section, but this enumeration shall not be deemed
to be exclusive:
(1)
Horns, signaling devices and engine brakes. The sounding
of any horn or signaling device on any automobile, motorcycle or other
vehicle on any street or public place in the City for longer than
three seconds in any period of one minute or less, except as a danger
warning; the creation of any unreasonable loud or harsh sound by means
of any signaling device and the sounding of any plainly audible device
for an unnecessary and unreasonable period of time; the use of any
signaling device except one operated by hand or electricity; the use
of any horn, whistle or other device operated by engine exhaust; and
the use of any signaling device when traffic is for any reason held
up. It is expressly intended that a person is prohibited from utilizing
engine brakes within the corporate limits of the City of Manawa.
[Amended 9-18-2000]
(2)
Radios, phonographs and similar devices. The using,
operating or permitting to be played, used or operated or any radio
receiving set, musical instrument, phonograph or other machine or
device for the producing or reproducing of sound in a loud and unnecessary
manner. The operation of any set, instrument, phonograph, machine
or device between the hours of 10:00 p.m. and 7:00 a.m. in a manner
as to be plainly audible at the property line of the building, structure
or vehicle in which it is located shall be prima facie evidence of
a violation of this section.
(3)
Loudspeakers and amplifiers for advertising. The using,
operating or permitting to be played, used or operated of any radio
receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose of
commercial advertising or attracting attention of the public to any
building or structure. Announcements over loudspeakers can only be
made by the announcer in person and without the aid of any mechanical
device.
(4)
Animals and birds. The keeping of any animal or bird
which causes frequent or long-continued unnecessary noise.
(5)
Steam whistles. The blowing of any steam whistle attached
to any stationary boiler except to give notice of the time to begin
or stop work or as a warning of fire or danger or upon request of
proper City authorities.
(6)
Exhausts. The discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine or motor
boat except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(7)
Construction or repair of buildings. The erection
(including excavation), demolition, alteration or repair of any building,
as well as the operation of any pile driver, steam shovel, pneumatic
hammer, derrick, steam or electric hoist or any other similar equipment
attended by loud or unusual noise, other than between the hours of
7:00 a.m. and 10:00 p.m. on weekdays; provided, however, that the
Chief of Police shall have the authority, upon determining that the
loss or inconvenience which would result to any party in interest
would be extraordinary and of such nature as to warrant special consideration,
to grant a permit for a period necessary within which time such work
and operation may take place within the hours of 10:00 p.m. to 7:00
a.m.
(8)
Schools, courts, churches and hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while in use or adjacent to any hospital
which unreasonably interferes with the normal operation of that institution
or which disturbs or unduly annoys patients in the hospital, provided
that conspicuous signs are displayed in those streets indicating a
school, hospital or court street.
(9)
The provisions of this section shall not apply to:
(a)
Any vehicle of the City while engaged in necessary
public business.
(b)
Excavations or repairs of streets or other public
construction by or on behalf of the City, county or state at night
when public welfare and convenience renders it impossible to perform
such work during the day.
(c)
The reasonable use of amplifiers or loudspeakers
in the course of public addresses which are noncommercial in nature.
C.
Stationary noise limits.
(1)
Maximum permissible sound levels.
(a)
Noise from a stationary source shall not exceed
the following standards for maximum sound-pressure levels measured
at the property line:
[Amended 1-3-2000]
|
Noise Rating
| |||
|---|---|---|---|
|
Zone
|
Daytime
|
Nighttime
| |
|
Residential
|
75 db
|
65 db
| |
|
Business
|
85 db
|
75 db
| |
|
All other zones
|
75 db
|
75 db
| |
(b)
Ambient noise is the all-encompassing noise
associated with a given source, usually being a composite of sounds
with many sources near and far, but excluding the noise source being
measured. Ambient noise is a factor, and the subject noise shall exceed
the ambient noise by 5 db in any octave band to be designated excessive.
(2)
Construction noise. Construction equipment in any
zone may be operated between the hours of 7:00 a.m. and 7:00 p.m.,
provided that said equipment does not exceed a maximum sound level
of 80 db measured at the property line of the location at which said
equipment is in use.
(3)
Noise in residential districts. In residential zones,
the person in violation of this section shall be ordered to reduce
the sound pressure to acceptable levels immediately by the monitoring
officer.
(4)
Operation of certain equipment. Lawnmowers, chainsaws,
powered garden equipment, electric insect killing/repelling devices
and other nonconstruction maintenance equipment shall be operated
only during the hours between 7:00 a.m. and 9:00 p.m. unless within
the specified noise levels measured at the property line of the location
at which said equipment is in use.
(5)
Exemptions. Operations of emergency equipment shall
be exempt from this section. Snowblowers not operated on a commercial
basis shall be exempt from this section when used to gain access to
a City street. Emergency equipment shall include ambulance, police,
fire, snow removal, civil defense sirens, etc., necessary for the
health, safety and protection of the citizens of the City.
(6)
Methods of measuring noise.
(a)
Equipment. Noise measurement shall be made with
a sound-level meter.
(b)
Location of noise meter. Noise measurement shall
be made at the nearest lot line of the premises from which a noise
complaint is received. The noise meter shall be placed at a height
of at least three feet above the ground and at least three feet away
from walls, barriers, obstructions and all other sound-reflective
surfaces.
(7)
Appeals. The Common Council may grant an exemption
to individuals proving evidence of substantial hardship. Evidence
that reasonable technological attempts have been made to correct the
problem shall be considered grounds for granting an exemption to this
section for existing industries.
D.
Permits for amplifying devices.
(1)
Permit required. The use of loudspeakers or amplifying
devices on the streets or in the parks of the City of Manawa is prohibited
unless the party desiring to use such loudspeaker or amplifying device
first obtains a permit from the Chief of Police.
(2)
Grounds or reasons for denial or allowance. The Chief
of said Police Department shall have the authority to revoke such
permit when he or she believes such loudspeaker or amplifying device
is becoming a nuisance because of the volume, the method in which
it is being used or the location in which it is being operated.
(3)
Time restrictions. The Chief of the Police Department
shall not grant a permit to use a loudspeaker or amplifying device
before the hours of 9:00 a.m. or after 10:00 p.m. No permit shall
be granted to anyone who, in the opinion of the Chief of Police, uses
said loudspeaker or amplifying device in such a manner or for such
a purpose as to constitute a nuisance.
A.
Disorderly conduct prohibited. No person within the
City of Manawa shall:
(1)
In any public or private place engage in violent,
noisy, riotous, abusive, indecent, profane, boisterous, unreasonably
loud or otherwise disorderly conduct which tends to cause or provoke
an immediate disturbance of public order or tends to annoy or disturb
any other person.
(2)
Intentionally cause, provoke or engage in any fight,
brawl, riot or noisy altercation other than a bona fide athletic contest.
B.
Defecating or urinating in public places. It shall
be unlawful for any person to defecate or urinate outside of designed
sanitary facilities, upon any sidewalk, street, alley, public parking
lot, park, playground, cemetery or other public area within the City
or upon any private property in open view of the public or in the
halls, rooms without rest-room facilities, stairways or elevators
of public or commercial buildings or to indecently expose his or her
person.
C.
Graffiti prohibited.
[Amended 1-3-2000]
(1)
It shall be unlawful and is hereby declared a nuisance
to place graffiti or permit graffiti to remain upon any public or
private curb stone, flagstone, brick or sidewalk or any portion of
any part of any sidewalk or street, or upon any tree, lamppost, telephone
pole, utility box, utility pole, stanchion, postal mail receptacle,
sign, hydrant, fence, door, wall, window, garage or enclosure, vehicle,
pier or upon any other public or private structure or building.
(2)
GRAFFITI
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Any permanent display of any name, identification, letter,
numeral, figure, emblem, insignia, picture, outline, character, spectacle,
delineation, illustration, symbol or any combination thereof, which
without authorization is marked, written, drawn, painted, scratched,
inscribed or affixed, and which is a different color from the color
of the exterior of those objects or structures described above and
to which is affixed.
(3)
Removal. It shall be the duty of the Chief of Police
to serve or cause to be served, a notice upon the owner or party in
possession of any such object or structure upon which graffiti is
present and to demand the abatement of the nuisance within 10 days.
All exterior surfaces shall be kept clean and free of graffiti. Surfaces
which have been exposed to graffiti shall be cleaned, painted or in
some manner covered, so as to effect the complete removal of the graffiti
from that surface and return the surface to its prior condition within
10 days of receipt of violation notice to the owner unless extenuating
circumstances prevent the work from being done, in which case the
Chief of Police may give an extension for the removal of graffiti.
In the event of failure to clean up and remove the graffiti, a forfeiture
of $25 per day shall be imposed for each day after the 10th day following
notice that the graffiti remains in existence.
D.
Disorderly street gang conduct.
[Added 1-3-2000]
(1)
City common council findings.
(a)
The City Common Council hereby finds and declares
that it is the right of every person, regardless of race, color, creed,
religion, national origin, sex, age or disability to be secure and
protected from fear, intimidation and physical harm caused by the
activities of violent groups and individuals. It is not the intent
of this subsection to interfere with the exercise of the constitutionally
protected rights of freedom of expression and association. The City
Common Council hereby recognizes the constitutional right of every
citizen to harbor and express beliefs on any lawful subject whatsoever,
to lawfully associate with others who share similar beliefs, to petition
lawfully constituted authority for a redress of perceived grievances
and to participate in the electoral process.
(b)
The City Common Council finds, however, that
urban, suburban and rural communities, neighborhoods and schools throughout
the state are being terrorized and plundered by street gangs. The
City Common Council finds that there are now several hundred street
gangs operating in Wisconsin, and that while their terrorism is most
widespread in urban areas, street gangs are spreading into suburban
and rural areas of Wisconsin, including Waupaca County.
(c)
The City Common Council further finds that street
gangs are often controlled by criminally sophisticated adults who
take advantage of our youth by intimidating and coercing them into
membership by employing them as drug couriers and runners, and by
using them to commit brutal crimes against persons and property to
further the financial benefit and dominance of the street gang.
(d)
Street gang activity presents a clear and present
danger to public order and safety and is not constitutionally protected.
No society is or should be required to endure such activities without
redress. Accordingly, it is the intent of the City Common Council
by enacting this subsection, to prohibit street-gang-related activity.
(2)
STREET GANG or GANG
Definitions.
Any ongoing organizations, associations in fact or group
of three or more persons, whether formally or informally organized,
or any subgroup or affiliated group thereof, having as one of its
activities the commission of criminal or illegal acts, including by
way of example only and not in any way limiting or specifying, illegal
drug distribution, and whose members individually or collectively
engage in or have engaged in or have a engaged in a pattern of criminal
or illegal acts, and which group frequently, though not necessarily,
claim or have one or more particular geographic territory or "turf"
exclusively as its realm of influence and operations.
(3)
Colors, emblems or insignia prohibited. It shall be
unlawful for any person within the City to knowingly use, display
or wear colors, emblems or insignia on or about their person in public
for the purpose of promoting any street gang activity.
(4)
Public display of membership in street gang. It shall
be unlawful for any person within the City to knowingly do or make
any act, utterance, gesture or display for the purpose of communicating
membership of, affiliation with, association with, support of, identification
with, sympathy toward or affront or insult toward any street gang,
or with actual knowledge that the subject act, utterance, gesture
or display is used and recognized as communicative of street gang
membership, affiliation, association, support, identification, sympathy
or affront.
(5)
Penalty. Any person violating this section shall forfeit
not less than $100 for the first offense. Any second or subsequent
offense shall forfeit not less than $300.
A.
Controlled substances. It shall be unlawful for any
person to possess a controlled substance contrary to the Uniform Controlled
Substances Act, W.S.A. ch. 961.
[Amended 1-3-2000]
B.
Possession of marijuana. No person shall possess any
amount of marijuana, tetrahydrocannabinois or any derivative thereof
unless the substance was obtained directly from, or pursuant to a
valid prescription or order of, a licensed physician or pharmacist
for a valid medical purpose.
C.
Synthetic cannabinoid prohibited.
[Added 12-27-2010 by Res. No. 2010-17]
(1)
Possession,
use and sale are prohibited. It shall be illegal for any person to
use, possess, transport, purchase, attempt to purchase, sell, publicly
display for sale or attempt to sell, give, trade or barter any one
or more of the following chemicals whether under the common street
or trade names of "Spice," "K2," "Genie," "Yucatan Fire," "Fake" or
"new" marijuana, or by any other name, label, or description:
(a)
Salvia divinorum or Salvinorin A; all parts of the plant presently
classified botanically as salvia divinorum, whether growing or not,
the seeds thereof; any extract from any part of such plant, and every
compound, manufacture, salts derivative, mixture or preparation of
such plant, its seeds or extracts;
(b)
(6aR, 10aR) – 9 – (Hydroxymethyl) -6, 6-dimethyl-3- (2-methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo (c)chromen-1-ol-some trade or other names;
HU-210;
(c)
(1-pentyl-3-(1-naphthoyl) indole)-some trade or other names: JWH-018/spice;
(d)
1-butyl-3-(1-naphthoyl) indole-some trade or other names: JWH-073;
(e)
1-(3(trifluoromethylphenyl) piperazine-some trade or other names:
TFMPP;
(f)
Or any similar structural analogs.
A.
It shall be unlawful for any person, except as provided in Subsection B hereof, to be present in, loiter on or enter into any public school building, school parking lot or any public school grounds without the permission of the school principal, custodian or other person in charge thereof between 7:30 a.m. and 4:30 p.m. on official school days.
B.
This section shall not apply to:
(1)
Students regularly enrolled in public schools who
have not been properly ordered by the school principal, custodian
or other person in charge thereof to leave the school building or
school grounds.
(2)
Persons coming into the school building or school
grounds for the purpose of attending scheduled school or civic functions
or making use of the recreational facilities located upon or within
school premises, but as to such attendance or use, this exception
shall apply only to the portion of the premises on which facilities
are located and during the hours such facilities are specifically
open to the general public or an invited portion thereof.
(3)
Parents or legal guardians of a regularly enrolled
student. However, such parent or legal guardian may be required to
register at the school office.
C.
The exceptions set forth in Subsection B shall not apply to any person who, while in school buildings or on school grounds, commits or attempts to commit any act prohibited by statute or ordinance.
D.
All entrances to the school buildings shall be posted
with a notice stating "Entry Into School Building by Unauthorized
Persons Prohibited." All school grounds shall be posted with a notice
stating "Entry Upon School Grounds by Unauthorized Persons Prohibited."
It shall be unlawful for any person to fail
to obey the direction or order of a police officer while such police
officer is acting in an official capacity in carrying out his or her
duties.
