Chapter 1 State
Statutes Adopted
Chapter 2 Offenses
Against Public Safety and Peace
Chapter 3 Offenses
Against Property
Chapter 4 Offenses
Involving Alcoholic Beverages
Chapter 5 Offenses
by Juveniles
Chapter 6 Public
Nuisances
Chapter 7 Public
Parking Structures
11.1.1 Offenses
Against State Laws Subject to Forfeiture
11.1.2 Penalties
(a) State Statutes Adopted. The following statutes defining offenses
against the peace and good order of the State are adopted by reference to
define offenses against the peace and good order of the City provided the
penalty for commission of such offenses hereunder shall be limited to a forfeiture
imposed under the general penalty provisions of this Code of Ordinances. [See
Title 1, Chapter 1, Section 7 (1.1.7).] In addition, the court may enter any
order pertaining to restitution, community service, or imposing any other
remedy as specified by the statute incorporated herein by reference, provided
such order does not impose a criminal penalty and is cognizable within the
civil jurisdiction of the municipal
court. Any future amendments, revisions or modifications of the Statutes
incorporated herein by reference are intended to be made part of this Code.
(1) 29.288 Throwing Refuse in
Waters
(2) 50.58 Careless Smoking
(3) 167.10 Fireworks Regulated
(4) 175.25 Illegal Storage of
Junked Vehicles
(5) 939.05(2)(b) Aiding and Abetting
(6) 939.22 Words and Phrases
Defined
(7) 940.19(1)
(8) 940.291 Failure of a Police
Officer to Render Aid
(9) 941.10 Negligent
Handling of Burning Materials
(10) 941.12(2),(3) Interfering With or Failing to Assist in Firefighting
(11) 941.13 False
Alarms and Interference with Firefighting
(12) 941.20(1) Reckless
Use of a Weapon
(13) 941.22 Possession
of a Pistol by a Minor
(14) 941.235 Carrying
a Firearm in a
(15) 941.24 Possession
of Switchblade Knife
(16) 941.35 Emergency
Telephone Calls
(17) 941.36 Fraudulent
Tapping of Electric Wires or Gas or Water
Meters
or Pipes
(18) 941.37(1),(2) Obstructing Emergency or Rescue Personnel
(19) 942.02 Strip
Search by School Employee
(20) 942.05 Opening
Letters
(21) 943.01(1) Criminal
Damage to Property
(22) 943.11 Entry
Into Locked Vehicle
(23) 943.12 Possession
of Burglarious Tools
(24) 943.125 Entry
Into Locked Coin Box
(25) 943.13 Trespass
to Land
(26) 943.14 Trespass
to Dwellings
(27) 943.145 Criminal
Trespass to a Medical Facility
(28) 943.15 Entry
Into Locked Site
(29) 943.20 Theft
of Property
(30) 943.21 Fraud
on Hotel or Restaurant Keeper, Recreational Attraction, Taxi Cab Operator, or
Gas Station
(31) 943.22 Cheating
Tokens
(32) 943.23(2) Operating
Vehicle Without Owner's Consent
(33) 943.24(1) Worthless
Checks
(34) 943.34(1) Receiving
Stolen Property
(35) 943.35 Receiving
Property From a Child
(36) 943.37 Alteration
of Property Identification Marks
(37) 943.38(3) Forgery
(38) 943.41 Credit
Card Crimes
(39) 943.50(4)(a) Retail Theft
(40) 943.55 Removal
of a Shopping Cart
(41) 943.225 Refusal
to Pay For Motor Bus Ride
(42) 944.17 Sexual
Gratification
(43) 944.20 Lewd
and Lascivious Behavior
(44) 944.21 Lewd, Obscene or
Indecent Matter, Pictures and
Performances
(45) 944.23 Making Lewd, Obscene or
Indecent Drawings
(46) 944.30 Prostitution
(47) 944.31 Patronizing Prostitutes
(48) 944.33 Pandering
(49) 944.36 Solicitation of Drinks
Prohibited
(50) 945.01 Definitions Relating to
Gambling
(51) 945.02 Gambling
(52) 945.04 Permitting Premises to
be Used for Commercial
Gambling
(53) 946.40 Refusing to Aid Officer
(54) 946.41 Resisting or Obstructing
Officer
(55) 946.42(2) Escape
(56) 946.46 Encouraging Violation of
Probation or Parole
(57) 946.69 Falsely Assuming to Act
as Public Officer or
Employee
(58) 946.70 Impersonating Peace
Officer
(59) 946.72(2) Tampering with Public Records
and Notices
(60) 947.012 Unlawful Use of Telephone
(61) 947.013 Harassment
(62) 947.047 Littering Shores
(63) 947.06 Unlawful Assemblies
(64) 947.08 Crime Comics
(65) 951.01 Definitions
(66) 951.015 Construction and
Application
(67) 951.02 Mistreating Animals
(68) 951.03 Dognapping
or Catnapping
(69) 951.05 Transportation
of Animals
(70) 951.08 Instigating
Fights Between Animals
(b) Attempt.
(1) It shall be unlawful to attempt to violate any of the
provisions of Subsection (a) above. Any person violating this Subsection shall
be subject to a forfeiture not to exceed one-half (1/2) of the maximum
forfeiture for the completed violation of the ordinance involved.
(2)
An
"attempt" to commit an ordinance violation requires that the actor
have an intent to perform acts to attain a result which, if accomplished, would
constitute an ordinance violation and said person performs acts toward the
commission of the violation which demonstrate unequivocally, under all the
circumstances, that he formed that intent and would commit the violation except
for the intervention of another person or some other extraneous factor.
(c)
Parties to Offense.
(1)
Whoever is
concerned in the commission of a violation of this Chapter is a principal, and
may be charged with and convicted of the commission of the offense, although he
did not directly commit it, and although the person who directly committed it
has not been convicted, or has been convicted of some other degree of the
offense, or some other offense based on the same act.
(2)
A person is
concerned in the commission of an offense if he:
a.
Directly
commits the offense; or
b.
Intentionally
aids and abets the commission of it; or advises, hires, counsels, or otherwise
procures another to commit it. Such a party is
also concerned in the commission of any other offense which is committed
in pursuance of the intended offense, and which under the circumstances, is a
natural and probable consequence of the intended offense. This Section does not
apply to a person who voluntarily changes his mind and no longer desires that
the offense be committed, and notifies the other parties concerned of his
withdrawal, within a reasonable period of time before the commission of the
offense, so as to allow the others also to withdraw.
Any
person violating any provision of Section 11-1-1 shall, upon conviction of such
violation, be subject to the penalties as prescribed by Section 1.1.7 of this
Code.
11.2.1 Regulation
of Firearms and Explosives
11.2.2 Carrying
Concealed Weapons Prohibited; Certain Weapons Prohibited
11.2.3 Safe
Use and Transportation of Firearms and Bows
11.2.4 Throwing
or Shooting of Arrows, Stones and Other Missiles Prohibited
11.2.5 Harassing
or Obscene Telephone Calls
11.2.6
11.2.7 Obstructing
Streets and Sidewalks Prohibited
11.2.8 Loitering
Prohibited
11.2.9 Loud
and Unnecessary Noise Prohibited
11.2.10 Disorderly
Conduct
11.2.11 Possession
of Controlled Substances
11.2.12 Unauthorized
Presence on School Property Prohibited
11.2.13 Failure
to Obey Lawful Order
11.2.14 Hotel
Registration and Security
11.2.15 Contributing
to Truancy
11.2.16 Regulation
of Smoking
11.2.17 Misuse
of the "911” Emergency Telephone Number Prohibited
11.2.18 Inhalation
of Harmful Substances Prohibited
11.2.19 Prohibition
of the Possession of "Pepper Spray" on School Grounds
11.2.20 Penalties
(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 possession or under his
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)
(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
(f)
Making, Possession, Transfer or Use of Fire Bombs and Other
Similar Devices. No person
shall make, carry possess, sell, give transfer to another or use any type of
fire or explosion creating device which is defined to mean a flammable
liquid-filled bottle or container with a fuse, wick, or any other type of
ignition or detonating device, flammable liquid fire bomb or any other device
or missile which can be ignited and cause ignition of any premises or material
or which can cause damage by explosion.
(g)
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 gun powder.
(a)
Concealed Weapons Prohibited.
(1)
Prohibition. No person shall
within the City wear or in any manner carry under his clothes or conceal upon
or about his person any deadly or dangerous weapon, provided this Subsection shall not apply to a
peace officer or such persons as may be authorized to carry such weapons.
(2)
Dangerous Weapon
Defined. "Dangerous weapon" means any
firearm, whether loaded or unloaded, or any device designed as a weapon and
capable of producing death or great
bodily harm, or any other device or instrumentality which, in the manner it is
used or intended to be used, is calculated or likely to produce death or great
bodily harm.
(b)
Concealed Weapons in Public Establishments. No person shall
carry or be possessed of a dangerous weapon in any public building or business
establishment open to the public except a bona fide weapons repair, display or
sales establishment, unless such dangerous weapon is so stored and concealed
(other than on the person) so as not to be readily accessible to any person or
patron. This Subsection shall not apply to peace officers or others duly
authorized by law acting within the scope of their duties. This Subsection
shall not be construed to prohibit the sale, purchase, repair or trade of
firearms by a retail business establishment doing so in the course of its
regular business in accord with state and federal law, nor to hinder a
prospective customer from attempting to buy, sell or trade firearms to or from
a retailer.
(c)
Specific Concealed Weapons Prohibited. No person, except a sheriff, constable, police officer or
other law enforcement officer acting within the scope of their duties, shall
carry or wear concealed about his person any pistol, revolver, firearm, sling
shot, crossknuckle of lead, brass or other materials, bowie knife, switchblade,
dirk or dagger or any other dangerous or deadly weapon within the City.
(d)
Possession,
(1)
No person
shall sell, manufacture, purchase, possess or carry metallic knuckles or
knuckles of any substance which could be put to the same use with the same or
similar effect as metallic knuckles, a "numchuk" (also called a
"nunchaku") or any similar weapon, a "cestus" or similar
material weighted with metal or other substance and worn on the hand, a
"churkin" (also called a "suriken") or any similar object
intended to injure a person when thrown, a "sucbai" or similar
weapon, a "manrikigusari" or a similar length of chain having
weighted ends, or any other martial arts device or instrumentality which, in
the manner it is used or intended to be used, is calculated or likely to
produce injury or death to another person within the City of Glendale.
(2)
For the
purpose of this Subsection, the following definitions shall apply:
a.
"Numchuk"
or "Nunchaku." An instrument consisting of two (2) or more sticks,
clubs or rods connected by a rope, cord, wire or chain.
b.
"Churkin."
A round throwing knife consisting of several sharp points protruding from a
rounded disc.
c.
"Sucbai."
A short length of wood or metal or similar material which when gripped in the
hand protrudes on either side of the fist. Such prohibited instrument may or
may not have spikes or short pointed protrusions from either end.
(3)
Any such
device shall be seized by a law enforcement officer and destroyed or turned
over to the State of
(e)
Reckless Use of Weapons.
(1)
Acts Prohibited.
a.
No person
shall endanger another's safety by reckless conduct in the operation or
handling of a firearm, air gun, knife or bow and arrow.
b.
No person
shall operate or go armed with a firearm, air gun, knife or bow and arrow while
he is under the influence of an intoxicant.
c.
No person
shall intentionally point a firearm, air gun, knife or bow and arrow at or
toward another person.
(2)
Reckless Conduct Defined.
"Reckless conduct" consists of an act, which creates a situation of
unreasonable risk and high probability of death or great bodily harm to another
and which demonstrates a conscious disregard for the safety of another and a willingness to take chances of perpetrating
an injury.
(a)
Definitions. In this Section:
(1)
Aircraft has
the meaning given under Sec. 114.002(3), Wis. Stats.
(2)
Encased means 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.
(3)
Firearm means a
weapon that acts by force of gunpowder.
(4)
Highway has the
meaning given under Sec. 340.01(22), Wis. Stats.
(5)
Motorboat
has the meaning given under Sec. 30.50(6), Wis. Stats.
(6)
Roadway has the
meaning given under Sec. 340.01(54), Wis. Stats.
(7)
Unloaded means any of
the following:
a.
Having no
shell or cartridge in the chamber of a firearm or in the magazine attached to a
firearm.
b.
In the case of
a cap lock muzzle-loading firearm, having the cap removed.
c.
In the case of
a flintlock muzzle-loading firearm, having the flashpan cleaned of powder.
(8)
Vehicle has the
meaning given under Sec. 340.01(74), Wis. Stats., and includes a snowmobile, as
defined under Sec. 340.01(58a), Wis. Stats.
(b)
Prohibitions; Motorboats and Vehicles; Highways and Roadways.
(1)
Except as
provided in Subsection (c), no person may 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.
(2)
Except as
provided in Subsection (c), no person may place, possess or transport a
firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded or
unless the bow or crossbow is unstrung or is enclosed in a carrying case.
(3)
Except as
provided in Subsection (c), no person may load or discharge a firearm or shoot
a bolt or an arrow from a bow or crossbow in or from a vehicle.
(4)