[HISTORY: Adopted by the Common Council of the City of Oconto Falls 3-13-1979 (Ch. 15). Amendments noted where applicable.]
[Amended 8-12-2008 by Ord. No. 08-004]
It shall be unlawful, in a public or private place, to engage in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which such conduct tends to cause or provoke a disturbance.
A. 
It shall be unlawful for any person to meddle with any fire apparatus belonging to the City or with the fire hydrants, sewer manholes, electric light poles and light fixtures, electric wires, or with any part of the streetlights or lighting system.
B. 
It shall also be unlawful for any person to intentionally alter electric usage in an attempt to change consumer classification or electric rates.
[Added 4-10-2012 by Ord. No. 12-008]
It shall be unlawful for any person, firm or corporation to kill or slaughter any calf, heifer, ox, bull, steer, ram, pig or other like animal within the City limits or to deposit the carcass of any such killed animal within the City.[1]
[1]
Editor's Note: Original §§ 8 and  9, which immediately followed this section and dealt with spitting on sidewalks and animals running at large, respectively, were deleted 8-12-2008 by Ord. No. 08-004. For animals at large, see now Ch. 168, Animals.
[Amended 5-14-2024 by Ord. No. 24-003]
A. 
It shall be unlawful to, within the corporate limits of the City of Oconto Falls, carry concealed weapons without a permit or to discharge any gun, rifle, pistol, revolver, dynamite cap or dynamite, or any other explosive.
B. 
The Building Inspector is hereby authorized to grant leave for the use of dynamite, dynamite caps, or similar explosive within the corporate limits of the City, when the same is used for the purpose of improvements or in building operations.
C. 
Discharge of firearms regulated. No person, except a 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 in his/her possession or under his/her control within the City of Oconto Falls, provided that this section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries authorized by the City Council, or the firing or discharging of BB guns upon private premises by persons over 16 or under the direct personal supervision of a parent or legal guardian.
D. 
Definition. For purposes of this section, "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.
E. 
Hunting of any form is prohibited on property owned or leased by the City.
F. 
Anyone hunting with a bow or crossbow must discharge the arrow or bolt towards the ground.
G. 
Hunting with a bow or crossbow is prohibited within 100 yards of any building. Restriction does not apply if the person who owns the land on which the building is located allows the hunter to hunt within the specified distance of the building.
It shall be unlawful for railroads to obstruct the streets of the City of Oconto Falls with their engines or cars, but the standing of the cars or engines on the street during the usual and necessary stoppage of the train at the station shall not be deemed an obstruction within the meaning of this section.
It shall be unlawful for any person, firm or corporation to deposit any junk within the City of Oconto Falls without first obtaining a license from the Common Council so to do.[1]
[1]
Editor's Note: See also Ch. 278, Art. III, Outdoor Storage. Original § 13, Blackout, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
It shall be unlawful for any person, firm or corporation to transport garbage, rubbish, trash or waste material of any kind or description upon any street, alley, or public way of any kind within the limits of the City of Oconto Falls without providing adequate coverage for containers or loads so transported, it being the specific purpose of this section to prevent the littering of the public streets, alleys, sidewalks or public ways in any manner.[1]
[1]
Editor's Note: Original § 15, which immediately followed this section and dealt with outdoor burning and vegetation constituting a fire hazard, as amended 5-10-1994, was repealed 8-8-2006 by Ord. No. 06-003. See now Ch. 202, Burning, Outdoor.
A. 
It shall be unlawful for any person or persons or group of persons to disturb any lawful assemblage or meeting in the City of Oconto Falls.
B. 
It shall be unlawful to collect, gather or be a member of any disorderly group of persons or any group of persons for any unlawful purposes, or to collectively disturb the peace and quiet of the City of Oconto Falls. Any assembly of two or more persons being in any manner disorderly and disrupting the peace and quiet of the City of Oconto Falls shall be deemed an unlawful assemblage.
C. 
No child under 18 years of age shall loiter, idle or remain, and no parent or guardian shall knowingly permit his child or ward of such age to loiter, idle or remain, in or upon any of the streets, alleys or public places in the City of Oconto Falls between the hours of 10:00 p.m. and 6:00 a.m. unless such child is accompanied by a parent, guardian or some person of lawful age having legal custody of such child. This subsection shall not be construed to prohibit such child from performing an errand or duty if directed by his parent or guardian or of urgent necessity, or from pursuing the duties of his employment in an expeditious and orderly manner.
D. 
No person shall willfully injure or intentionally deface, destroy, or unlawfully remove, take or meddle with any property of any kind or nature belonging to the City or its departments, or to any private person or business within the City of Oconto Falls, without the consent of the owner or proper authority.
E. 
It shall be unlawful for any person to intentionally squeal the tires of any motor vehicle in such manner that will result in unnecessary noise or possible injury to the street surface.
F. 
It shall be unlawful for any person, firm or corporation to litter any of the public streets, alleys, sidewalks or public ways, or areas utilized and opened to the public, in any manner.
G. 
Any person, firm or corporation violating any provisions of this section shall, upon conviction, be subject to a penalty as provided in § 1-9 of this Code, provided that for a first offense, any person under the age of 18 years who shall be found violating the provisions of this section shall be warned of the penalty thereof by any police officer of the City and shall be taken and delivered to the custody of the person having legal custody over him, and for a second or subsequent offense, he shall be dealt with according to the provisions of Ch. 48, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
It shall be unlawful for any person or persons to congregate, stand or be present on property under the care, custody and control of the Oconto Falls School District and within 500 feet thereof, unless on authorized business.
A. 
"Authorized business" is defined as:
(1) 
During a time 1/2 hour before and 1/2 hour after school hours:
(a) 
A student in attendance at a school located on said property and possessing an identification card as required, and where location on the premises at the time conforms to the rules and regulations of the school as published in writing and posted at a place of access to the students.
(b) 
Any party other than a student who is on the premises for conducting business either on behalf of a student or the school district and who registers at the office.
(c) 
Any person transporting a student and who utilizes the driveway specified for loading and unloading personnel.
(d) 
Any person utilizing a designated area for attending an athletic or other organized school event.
(2) 
Other than during the period 1/2 hour before school hours and 1/2 hour thereafter, any person utilizing school district property in an orderly manner for recreation and/or business purposes which do not violate school rules or any state laws or county or local ordinances.
B. 
Nonstudents, students from schools other than the school on the property or students from a school on the property who are not in conformance with the published rules and regulations of the particular school shall be considered in violation of this section.
C. 
Any person violating this section shall, upon conviction thereof, be subject to a penalty as provided in § 1-9 of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Chapter 48 of the Wisconsin Statutes, as adopted and effective November 18, 1978, and all amendments thereto, is hereby adopted and incorporated into the Code of the City of Oconto Falls by reference.
[Added 7-10-1979]
A. 
The sale, possession, and consumption of intoxicating liquor and fermented malt beverages is prohibited at all times, except on such occasions as allowed by the Common Council, at the Memorial Field, Eastside Beach, Westside Beach and ski-tow area.
B. 
Consumption on premises. All purchases of intoxicating liquor or fermented malt beverages 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 street, alley, sidewalk, or other area open to the public in the City of Oconto Falls without specific authorization of the Common Council.
C. 
Any person who violates this section shall be subject to a penalty as provided in § 1-9 of this chapter. Each day of violation shall be considered a separate and distinct offense.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[1]
Editor's Note: See also Ch. 292, Intoxicating Liquor and Fermented Malt Beverages, and Ch. 360, Parks and Recreation.
[Added 5-13-1980]
A. 
Shoplifting prohibited. Whoever intentionally alters indicia of price or value of merchandise or who takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant without his consent and with intent to deprive the merchant permanently of possession or the full purchase price of such merchandise may be penalized as provided in this section.
B. 
Evidence of shoplifting. The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payments in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without payment of the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of such person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods.
C. 
Detention of suspects. A merchant or merchant's adult employee who has probable cause for believing that a person has violated this chapter in his presence may detain such person in a reasonable manner for a reasonable length of time to deliver him to a peace officer, or to his parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and may be permitted to make phone calls, but he shall not be interrogated or searched against his will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. Compliance with this section entitles the merchant or his employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.
D. 
Penalty. Penalties for the violation of this section shall be as provided in § 1-9 of this Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 10-14-1980]
A. 
No person shall fail, on demand, to return any book, periodical, pamphlet, picture or other article or property belonging to or in the charge of the Oconto Falls Public Library, or any of its branches, according to the rules and regulations duly made and adopted by the Library Board, and no person shall remove from the library or any of its branches any book, periodical, pamphlet, picture or other article or property without first having it charged as provided by such rules and regulations.
B. 
No person shall mar, deface, or in any other way damage or mutilate any book, periodical, pamphlet, picture or other article or property belonging to or in the charge of the Library, or any of its branches.
C. 
Any person convicted of a violation of the provisions of this section shall be subject to a penalty as provided in § 1-9 of this Code. Where there is more than one book, periodical, pamphlet, picture or other article or property involved in any violation, each such item shall constitute a separate offense. The Municipal Judge is hereby empowered to suspend payment of all or any portion of the forfeiture imposed if the person convicted of such offense makes restitution in full to the Library Board for any damage or mutilation or returns such item or items to the Library Board within 15 days of conviction thereof.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Section 943.61 of the Wisconsin Statutes relating to theft of library material, exclusive of the penalties provided therein, is hereby adopted by reference.
[Added 6-8-1981[1]]
A. 
All fishing huts or ice fishing shelters of any kind, together with any equipment pertaining thereto, shall be removed from City property after Wisconsin Statutes require that they be removed from the ice.
B. 
Any person, firm or corporation who or which violates this section shall be subject to a penalty as provided in § 1-9 of this Code. Each day of violation shall be considered a separate and distinct offense.[2]
[2]
Editor's Note: Original § 23, which immediately followed this section and dealt with use of the City landfill, added 7-12-1983, was deleted 8-12-2008 by Ord. No. 08-004. See now Ch. 413, Solid Waste. Original § 24, Obscenity, added 3-29-1983, was deleted 8-12-2008 by Ord. No. 08-004. See § 944.21, Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 1-12-1999 by Ord. No. 99-001]
A. 
Possession of marijuana.
(1) 
It shall be unlawful for any person to possess 25 grams or less of the controlled substance marijuana as defined in § 961.01(14), Wis. Stats. (or any subsequent amendment thereto), while within the corporate boundaries of the City of Oconto Falls, unless it was obtained pursuant to a valid verifiable written prescription or order of a practitioner while acting in the course of his/her professional practice.
[Amended 8-12-2008 by Ord. No. 08-004]
(2) 
This Subsection A does not apply to any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for possession of any amount of marijuana, in the State of Wisconsin.
(3) 
The definition of "practitioner" set forth in § 961.01(19), Wis. Stats. (or any subsequent amendment thereto), is hereby adopted and by reference is made part of this section as if fully set forth herein.
[Amended 8-12-2008 by Ord. No. 08-004]
B. 
Possession of drug paraphernalia.
(1) 
Definition. The definition of "drug paraphernalia" set forth in § 961.571(1)(a), Wis. Stats. (or any subsequent amendment thereto), is hereby adopted and by reference is made part of this section as if fully set forth herein.
(2) 
Determination. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other legally relevant factors, § 961.572, Wis. Stats. (or any subsequent amendment thereto).
(3) 
No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analog.
(4) 
No person may deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing that it will be primarily used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or controlled substance analog.
C. 
Possession of prescription drugs.
[Added 9-10-2013 by Ord. No. 13-002[1]]
(1) 
It shall be unlawful for any person to possess Schedule I, II, III, IV, or V drugs as defined in § 961.41(1)(a), (b) and (j), Wis. Stats. (or any subsequent amendment thereto), while within the corporate boundaries of the City of Oconto Falls, unless they were obtained pursuant to a valid verifiable written prescription or order of a practitioner while acting in the course of their professional practice.
(2) 
It shall be unlawful for any person to possess or attempt to possess prescription drugs as defined in § 450.11(7)(h), Wis. Stats. (or any subsequent amendment thereto), while within the corporate boundaries of the City of Oconto Falls, unless they were obtained pursuant to a valid verifiable written prescription or order of a practitioner while acting in the course of their professional practice.
(3) 
The definition of "practitioner" set forth in § 961.01(19), Wis. Stats. (or any subsequent amendment thereto), is hereby adopted and by reference is made part of this section as if fully set forth herein.
[1]
Editor’s Note: This ordinance also provided for the redesignation of former Subsection C as Subsection D.
D. 
Penalty.
[Amended 9-10-2013 by Ord. No. 13-002]
(1) 
The penalty for violation of Subsection A (possession of marijuana) or Subsection C (possession of prescription drugs) shall be as provided in § 1-9 of the Code of the City of Oconto Falls.
(2) 
The penalty for violation of Subsection B (possession of drug paraphernalia) shall be a fine of $500 for the first and any subsequent offense.
[Added 1-12-1999 by Ord. No. 99-002]
A. 
No person may do any of the following to any animal that is used by a law enforcement agency to perform functions or duties:
(1) 
Frighten, intimidate, threaten, abuse or harass the animal.
(2) 
Strike, shove, kick or otherwise subject the animal to physical contact.
(3) 
Strike the animal by using a dangerous weapon.
B. 
Subsection A does not apply to any of the following:
(1) 
Any act that is performed by or with the authorization of the animal's handler or rider.
(2) 
Any act that is necessary for the training of an animal to perform functions or duties for a law enforcement agency.
C. 
Penalties. Any person who shall violate any provision of Subsection A of this section shall, upon conviction thereof, be subject to a penalty as provided in § 1-9 of this Code, or in lieu of imprisonment shall have his or her operating privilege suspended for 30 days or until the forfeiture is paid, but not more than five years.
[Amended 8-12-2008 by Ord. No. 08-004[1]]
[1]
Editor's Note: Original § 28, Stopped school buses, added 1-12-1999 by Ord. No. 99-003, which immediately followed this section, was deleted 8-12-2008 by Ord. No. 08-004. See now Ch. 465, Vehicles and Traffic, § 465-5A, School bus use of flashing red lights.
[Added 1-10-2006 by Ord. No. 06-001 (Ch. 43)]
A. 
Whoever does any of the following commits a trespass and is subject to a forfeiture:
(1) 
Intentionally enters the dwelling or land of another without the consent of some person lawfully upon the premises.
[Amended 6-14-2016 by L.L. No. 16-006]
(2) 
Intentionally enters a hospital or medical clinic or physician's office without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace.
(3) 
Intentionally enters land owned by another or remains on the land after having been notified by the owner not to enter or remain on the premises. This would include lands owned by the City of Oconto Falls. A person has received notice if he or she has been notified personally, either orally or in writing, or has been notified by a sign placed in a conspicuous place on the premises.
(4) 
Operates any motor vehicle, (other than City maintenance vehicle) on any walking trail or cross-country ski trail, after having been notified. A person has received notice if he or she has been notified personally, either orally or in writing, or has been notified by a sign placed in a conspicuous place on the premises.
[Added 6-12-2007 by Ord. No. 07-010]
B. 
Any person who violates this section shall, upon conviction, be subject to a penalty as provided in § 1-9 of this Code.
[Amended 8-12-2008 by Ord. No. 08-004]
[Added 6-12-2007 by Ord. No. 07-004 (Ch. 45)]
A. 
Whoever issues any check or other order for the payment of money which, at the time of issuance, he or she intends shall not be paid is guilty of a violation of this section.
B. 
Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for payment of money intended it should not be paid:
(1) 
Proof that, at the time of issuance, the person did not have an account with the drawee;
(2) 
Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order; or
(3) 
Proof that when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order.
C. 
This section does not apply to a postdated check or to a check given in past consideration, except a payroll check.
D. 
Any person violating any provisions of this section shall be subject to a penalty as provided in § 1-9 of this Code.
[Amended 8-12-2008 by Ord. No. 08-004]
E. 
A judge may order a violator to make restitution for the worthless check or other order for the payment of money.
[Added 6-12-2007 by Ord. No. 07-009 (Ch. 47)]
A. 
Unlawful acts. Whoever does any of the following is subject to a forfeiture:
(1) 
With intent to frighten, intimidate, threaten, abuse or harass, makes a telephone call or other electronic communication and threatens to inflict injury or physical harm to any person or the property of any person.
(2) 
With intent to frighten, intimidate, threaten or abuse, telephones another or uses electronic communication to another, and uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(3) 
Makes a telephone call or other electronic communication, whether or not a conversation ensues, without disclosing his or her identity and with intent to abuse or threaten any person at the called number or location.
(4) 
Makes or causes the telephone of another repeatedly to ring, with intent to harass any person at the called number.
(5) 
Knowingly permits any telephone or other electronic communication equipment under his or her control to be used for any purpose prohibited by this section.
B. 
Penalties. Any person who violates this section shall, upon conviction, be subject to a penalty as provided in § 1-9 of this Code.
[Amended 8-12-2008 by Ord. No. 08-004]
[Added 4-10-2012 by Ord. No. 12-004]
A. 
Unlawful acts. Statutory provisions describing and defining resisting or obstructing an officer in § 946.41, Wis. Stats., exclusive of any provisions therein relating to the penalties to be imposed or the punishment of the violation of said statute, are adopted and by reference are made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by the statute incorporated herein by reference is required or prohibited by this chapter.
B. 
Penalties. Any person who violates this section shall, upon conviction, be subject to a fine not to exceed $500 plus costs and disbursements.
[Added 4-10-2012 by Ord. No. 12-005]
A. 
Unlawful acts. It shall be illegal for any person to possess, sell, publicly display for sale or attempt to sell, give, deliver, distribute, or barter any one or more of the following chemicals whether under the common street or trade names of "Spice," "K2," "Genie," "Yucatan Fire," "Blaze," "Red X Dawn," "Zohia," "Spike Diamond," "Route 69," "SmokeXXXX," "Citron," "XXX," "Purple Magic,""Lazy Cakes," "fake," or "new" marijuana, or by any other name, label or description, or any of the following:
(1) 
(6aR, 1 OaR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo(c)chromen-1-ol-some trade or other names: HU-210;
(2) 
I-Pentyl-3-(1-naphthoyl) indole – some trade or other names: JWH-018/spice;
(3) 
1-Butyl-3-(1-naphthoyl) indole – some trade or other names: JWH-073;
(4) 
1-(3{trifluoromethylphenyl}) piper-azine – some trade or other names: TFMPP;
(5) 
2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol – some trade or other names: CP 47, 497;
(6) 
1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole – some trade or other names: JWH-200;
(7) 
1-hexyl-3-(1-naphthoyl) indole – some trade or other names: JWH-019;
(8) 
1-pentyl-3-(2-methoxyphenylacetyl) indole – some trade or other names: JWH-250;
(9) 
1-pentyl-3-(4-chloro-1-naphthoyl) indole – some trade or other names: JWH-398;
(10) 
(2-methyl-1-propyl-1H-indol-3-yl)-I-naphthalenyl-methanone – or some trade or other names: JWH-015;
(11) 
Dexanabinol, (6aS, 1 OaS)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan- 2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c]chromen-1-ol – or some trade or other names: HU-211;
(12) 
Or any similar structural analogs.
B. 
Presumption. It shall be presumed that any product labeled with a trade name or chemical compound listed in Subsection A or implying that it is a synthetic marijuana or synthetic THC (tetrahydrocannabinols) is a product prohibited by § 365-24A.
C. 
Penalties. Any person who violates this section shall, upon conviction, be subject to a fine not to exceed $500 plus costs and disbursements.
[Added 6-14-2016 by Ord. No. 16-005]
A. 
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:
BULLYING
A form of harassment and is defined as an intentional course of conduct which is reasonably likely to emotionally abuse, slander, threaten or intimidate another person and which serves no legitimate purpose.
COURSE OF CONDUCT
A pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
HARASSMENT
Any conduct, whether verbal, physical, written, or by means of any mode of communication, which:
(1) 
Is prohibited by §§ 947.01, 947.012, 947.0125, or 947.013, Wis. Stats.; or
(2) 
Is any intentional course of conduct which is likely to create an intimidating, hostile or offensive environment and which serves no legitimate purpose.
B. 
Prohibition. It shall be unlawful for any person to engage in any bullying or harassment of any person or induce another person to engage in bullying or harassment.
C. 
Retaliation prohibited. No person shall retaliate against any person who reports any conduct which is prohibited by this section.
D. 
Constitutionally protected activity. This section shall not be construed to apply to any constitutionally protected activity or speech.
E. 
Parental responsibility. It shall be unlawful for any custodial parent, adult custodian, or guardian of any emancipated person under 18 years of age to allow or permit such minor to violate the provisions of Subsection B above. The fact that prior to the present offense, a parent, guardian or custodian was informed in writing by a law enforcement officer of a separate violation of Subsection B by the same minor occurring within 90 days prior to the present offense shall constitute a City of Oconto Falls Code of Ordinances § 365-25 rebuttable presumption that such parent, guardian or custodian allowed or permitted the present violation.
F. 
Penalties. Any person who shall violate any provision of this section shall be subject to a penalty as provided in § 1-9.
[Added 9-12-2017 by Ord. No. 17-004]
A. 
Any person who engages in prostitution (as defined in § 944.30, Wis. Stats.) or who patronizes a prostitute (as defined in § 944.31, Wis. Stats.) or solicits a prostitute (as defined in § 944.32, Wis. Stats.) or engages in pandering (as defined in § 944.33, Wis. Stats.) or keeps a place of prostitution (as defined in § 944.34, Wis. Stats.) is in violation of this section.
B. 
Penalty.
(1) 
First offense. Any person who shall violate any provision of this section shall, upon conviction thereof, forfeit not less than $50 or more than $2,500, together with the costs of prosecution.
(2) 
Second and subsequent offenses. Any person found guilty of violating this section who shall previously have been convicted of a violation of the same section within one year shall, upon conviction, forfeit not less than $100 nor more than $3,500 for each such offense, together with costs of prosecution.
(3) 
For offenses involving violation of this section, 1/2 of the forfeiture is allocated to the municipal court and 1/2 is allocated to the Police Department Crime Prevention Fund to fund investigation expenses/equipment.
C. 
Continued violations. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this chapter shall preclude the City from maintaining any appropriate action to prevent or remove a violation of any provision of the Code.
[Added 7-11-2023 by Ord. No. 23-007]
A. 
Definitions.
(1) 
"Nudity" means 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 or any portion thereof below the top of the areola. A mother's breast feeding of her baby does not constitute "nudity" irrespective of whether or not the nipple is covered during or incidental to feeding.
(2) 
"Harmful to minors" means any reproduction, imitation, characterization, description, exhibition, presentation or representation, of whatever kind of form, depicting nudity, sexual conduct, or sexual excitement when it:
a. 
Predominately appeals to prurient, shameful, or morbid interest;
b. 
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
c. 
Taken as a whole, is without serious literary, artistic, political or scientific value for minors.
(3) 
"Minor" means any person under the age of 18 years.
B. 
Prohibited acts. A minor commits the offense of sexting by knowingly:
(1) 
Using any device capable of electronic data transmission or distribution to transmit or distribute to another minor any image, recording, text, correspondence, message or other substantially similar form of communication, of any person that depicts nudity and is harmful to minors.
(2) 
Possessing any image, recording, text, correspondence, message or other substantially similar form of communication that was transmitted or distributed by another minor that depicts nudity and is harmful to minors.
(3) 
Soliciting the transmission of distribution of any image, recording, text, message or other substantially similar form of communication from another minor that would itself be prohibited under this section.
C. 
Exceptions. A minor does not violate this section if all of the following apply:
(1) 
The minor did not solicit the photograph or video;
(2) 
The minor took reasonable steps to report the photograph or video to a school or law enforcement official; and
(3) 
The minor did not transmit or distribute the photograph or the video to a third party, other than for requested reporting purposes to a school or law enforcement official.
D. 
Penalty. Violation of this section by a person under the age of 18 years shall be subject to a forfeiture of not less than $500 nor more than $1,000. Additionally, the juvenile may be required to surrender to law enforcement the electronic device utilized in the violation of this section. Nothing in this section shall prevent the juvenile to additionally be subjected to punishment according to Wis. Stats. Ch. 938.