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)
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 from or across a highway or within
fifty (50) feet from the center of a road.
(5)
A person who
violates Subsections (1) through (4) above is subject to a forfeiture of not
more than One Hundred Dollars ($100.00).
(c) Exceptions.
(1)
Subsection (b)
does 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 in, on or from a vehicle,
motorboat or aircraft or discharge a firearm from or across a highway or within
fifty (50) feet of the center of a
roadway:
a.
A peace
officer, as defined under Sec. 939.22(22), Wis. Stats.
b.
A member of
the
c.
A member of
the National Guard.
(2)
Subsections
(b)(1), (2) and (3) do not apply to the holder of a scientific collector permit
under Sec. 29.17, Wis. Stats., who is using a net gun or tranquilizer gun in an
activity related to the purpose for which the permit was issued.
(3)
Subsections
(b)(2) and (3) do not apply to the holder of a permit under Sec. 29.09, Wis.
Stats., who is hunting from a standing automobile in accordance with that
Subsection.
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 Glendale, provided, however, 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 non-commercial archery range if,
in the opinion of the Common Council, the construction or maintenance of such
ranges will not endanger the public health and safety.
Whoever
commits any of the following acts shall be subject to the general penalty as
provided in this Municipal Code:
(a)
Makes any
comment, request, suggestion or proposal which is obscene, lewd, lascivious or
indecent;
(b)
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;
(c)
Makes or
causes the telephone of another repeatedly or continuously to ring, with intent
to harass any person at the called number or numbers;
(d)
Makes repeated
telephone calls, during which conversation ensures, solely to harass any person
at the called number or numbers;
(e)
Knowingly
permits any telephone under his control to be used for any purpose prohibited
by this Section;
(f)
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.
(a) No person shall sell, expose or offer for sale, use, keep,
possess, discharge or explode any fireworks within the limits of the City
unless he/she shall be authorized by a fireworks user's permit as provided in
Section 7-8-1 of this Code of Ordinances, or except as provided in Subsection
(b) below. The term "fireworks" as used in this Section shall be
defined as provided in Section 7-8-1 of this Code of Ordinances, and shall be
deemed to include all fireworks, rockets or similar missiles containing explosive
fuel.
(b)
Notwithstanding
Subsection (a) above, no person may sell, expose or offer for sale, or possess
with intent to sell, fireworks, except:
(1)
To a person
holding a user's permit under Subsection 7.8.1(c)(3);
(2)
To a
municipality; or
(3)
For a purpose
specified under Subsections 7.8.1(c)(2)b through f.
(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 (2) 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)
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:
(1)
Block, 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.
(2)
Sidewalk. 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.
Whoever
does any of the following within the limits of the City of Glendale may be
subject to a forfeiture pursuant to Section 1.1.7 or, upon default of payment
thereof, shall be imprisoned in the house of correction of Milwaukee County for
not more than ninety (90) days:
(a)
Loitering.
Loiters or prowls 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
actor takes flight upon appearance of a sworn police officer, refuses to identify
himself/herself or manifestly endeavors to conceal himself/herself or any
object. Unless flight by the actor or other circumstances makes it
impracticable, a sworn police officer shall, prior to any arrest for an offense
under this Section, afford the actor an opportunity to dispel any alarm which
would otherwise be warranted by requesting the actor to identify
himself/herself and explain his/her presence and conduct.
(b)
Dwelling Areas.
Hides, waits or otherwise loiters in the vicinity of any private dwelling
house, apartment building, planned unit development, condominium project, hotel
or motel or any other place of residence with the unlawful intent to watch,
gaze or look upon the occupants therein in a clandestine manner.
(c)
Public Rest Rooms.
Loiters in or about any toilet open to the public for the purpose of engaging
in or soliciting any lewd or lascivious conduct or any unlawful act.
(d)
Schools. Loiters in
or about any school or public place at or near which children or students
attend or normally congregate. As used in this Subsection, "loiter"
means to delay, to linger or to idle in or about any said school or public
place without a lawful purpose for being present.
(e)
(f)
Restaurants, Tavern.
Loiters in or about the restaurant, tavern or other public building. As used in
this Subsection, "loiter" means to, without just cause, remain in a
restaurant, tavern or public building or to remain upon the property
immediately adjacent thereto after being
asked to leave by the owner or person entitled to possession or in control
thereof.
(g)
Soliciting.
(1)
For purposes
of this Subsection, "soliciting" means to loiter in or near any
thoroughfare or place open to the public in a manner and under circumstances
manifesting any one or more of the following purposes:
a.
Prostitution. To induce, entice, solicit or procure another to commit an
act of prostitution.
b.
Gambling. To engage in acts of illegal gambling.
c.
Fortune
Telling. To engage in
fortune telling with intent to defraud or deceive.
d.
Panhandling. To beg or solicit funds or goods, except as an agent or
employee of a recognized and legitimate benevolent, religious or charitable
organization, acting in the course of agency or employment.
(2)
The following
circumstances may be considered in determining whether such purposes are
manifest:
a.
That such
person is a known prostitute or panderer.
b.
That such
person repeatedly beckons to stop or attempts to stop, or engage passersby in
conversation.
c.
That such
person repeatedly stops or attempts to stop motor vehicle operators by hailing,
waving of arms, or any other bodily gesture.
(3)
No arrest
shall be made for a violation of this Subsection unless the sworn police
officer first affords the suspected violator an opportunity to explain such
conduct, and no person shall be convicted of violating this Subsection if it
appears at trial that the explanation given was true and disclosed a lawful
purpose.
(4)
Definitions.
As used in this Subsection:
a.
"Place
Open to the Public" is an area generally visible to public view and
includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking
lots, automobiles, whether moving or not, and buildings open to the general
public, including those which serve food or drink or provide entertainment, and
the doorway and entrance to buildings or dwellings and the grounds enclosing
them.
b.
"Known
Prostitute or Panderer" means a person who, within five (5) years previous
to the date of arrest for violation of this Section, had, within the knowledge
of the sworn police officer, been convicted in any municipal court or circuit
court in the State of Wisconsin of an offense involving prostitution.
(a)
Loud and
Unnecessary Noise Prohibited. It shall be unlawful for any person to make,
continue or cause to be made or continued, or for a person having control of
property, to allow 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, 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 (3) seconds in
any period of one (1) 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.
(2)
Radios,
phonographs, similar devices.
Notwithstanding the provisions of Subsection (c) herein, the using, operating
or permitting to be played, used or operated 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,
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, 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 muffle 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, the Building Inspector shall have the
authority, upon determining that the loss of 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, 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)
Commercial Paging and Communication Systems. Commercial paging systems allowing
communication between or paging of employees or customers are deemed to be a
loud and unnecessary noise. Commercial
paging operations, such as those employed by car dealerships, garages, and
landscape companies, are expressly prohibited to the extent silent paging
systems are available as a reasonable alternative. In no event shall paging systems emanate
noise audible beyond the confines of the subject property in excess of the stationary
noise limits imposed by subsection (c) below.
(10)
Exceptions. 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, as determined by the City
Administrator or his/her designee.
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.
Zone Noise Rating- Daytime Noise Rating - Nighttime
Residential 75 dB(A) 65 dB(A)
Commercial 85 dB(A) 75 dB(A)
All
Other Zones 75 dB(A) 75
dB(A)
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.
c. Pure tones and impulsive noises are factors. Five noise
rating numbers shall be taken from the table in Subsection a. above, if the
subject noise consists primarily of a pure tone or if it is impulsive in
character.
(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(A) 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 non-construction 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 Chapter.
Snowblowers not operated on a commercial basis shall be exempt from this
Chapter 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 (3) feet above the ground and at least
three (3) 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 Chapter 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 Glendale 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 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
(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 restroom facilities, stairways or elevators of public
or commercial buildings, or to indecently expose his person.
(c) Disorderly
Conduct with Motor Vehicle. No person shall make unnecessary
and annoying noises with a motor vehicle, including motorcycles and all-terrain
vehicles, by squealing tires, excessive acceleration of the engine, or by
emitting unnecessary and loud muffler noise.
Any juvenile ages twelve (12) through fifteen (15), who violates any
statutory provision in Chapters 340 to 348 of the Wisconsin Statutes as amended
from time to time, which describe and define regulations pertaining to vehicles
and traffic, and which are incorporated herein by reference, shall be deemed
guilty of an offense under this Section.
(a) No person shall possess twenty-five (25) grams or less of
marijuana, as defined in Sec. 161.01(14), Wis. Stats., unless it was obtained
directly from, or pursuant to, a valid prescription or order of a practitioner
while acting in the course of his or her professional practice, or except as
otherwise authorized by Chapter 161, Wis. Stats.
(b)
For purposes
of this Section, "practitioner" means:
(1)
A physician,
dentist, veterinarian, podiatrist, scientific investigator or other person
licensed, registered or otherwise permitted to distribute, dispense, conduct
research with respect to, or administer a controlled substance in the course of
professional practice or research in the State of
(2)
A pharmacy,
hospital or other institution licensed, registered or otherwise permitted to
distribute, dispense, conduct research with respect to or administer a
controlled substance in the course of professional practice or research in the
State of
(c) This Section does not apply to any person who is charged with
possession of more than twenty-five (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
State
Law Reference: Sec. 66.051(4),
(a)
It shall be
unlawful for any person, except as provided in Subsection (b) hereof, to be
present in, loiter or enter into any public school building, school parking lot
or on any public school grounds without the permission of the school principal,
custodian or other person in charge thereof.
(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.
(a)
(1)
Every owner,
keeper or proprietor of any lodging house, rooming house, motel or hotel shall
keep a register wherein all guests, roomers or lodgers shall inscribe their
names upon their procuring lodging, a room or accommodations. Said owner,
keeper or proprietor shall verify the credit card signature of each guest,
roomer or lodger making payment by way of credit card, with the signature
inscribed upon the hotel register. If the signature as inscribed on the
register does not appear to reasonably match the signature on the credit card,
further identification shall be requested of the type requested of persons
paying in cash. Said owner, keeper or proprietor shall require identification
of any guest, roomer or lodger paying in cash, at the time of registration, and
in a valid and current format showing the person's name and date of birth, and
may be, but is not limited to, a driver's license, state issued picture
identification card, or such other form as will reasonably assure that the
registrant is, in fact, the person under whose name such lodging, room or
accommodation is, in fact, being procured, and shall maintain a photocopy of
such identification or transpose the identifying information in the
registration ledger. For any guest, roomer or lodger taking occupancy through a
prearranged reservation in the name of a corporation, business, association or
any other entity, the owner, keeper or proprietor shall request identification
of the specific guest, roomer or lodger at the time of registration as will
reasonably assure such person to be the person for whom the lodging, room or
accommodations have been procured.
(2)
Before
furnishing any lodging for hire to any person in any lodging house, or before
furnishing any accommodations to any guest of any motel or hotel, the
proprietor, manager or owner thereof shall require the person to whom such
lodgings are furnished, or room is rented or accommodations furnished, to
inscribe his or her name in such register, kept for that purpose as hereto
before provided, and shall set opposite said name the time that said name was
so inscribed and the room occupied by such lodger, roomer or guest.
(b) Every owner, keeper or proprietor of any lodging house,
rooming house, motel or hotel shall, at all times, during which the premises
accommodate guests, roomers or lodgers maintain on duty a responsible
management person. Such management representative shall be an individual
capable of assisting and cooperating with the police or other law enforcement
officials in maintaining the public health, welfare, and safety, and shall be
conversant in the English language.
(c) All information required to be procured and kept pursuant to
Subsection (a) of this Section shall be provided to any federal, state, or local
sworn law enforcement officer having the lawful power to arrest, upon demand of
the officer and a representation by said officer that a reasonable suspicion
exists, that such information is relevant to a then-pending inquiry or
investigation. Nothing in this requirement shall be construed as giving any
such officer any greater right or license to enter a room or invade privacy
than the officer shall otherwise possess as a matter of common law, probable
cause, statutory right, or warrant.
(d) Every owner, keeper, or proprietor of any lodging house,
rooming house, motel or hotel shall keep and maintain in each and every rental
unit, a telephone equipped for outgoing calls, and which telephone will allow
any person therein to place a direct call to 911, the Glendale Police
Department or the Glendale Fire Department. The existence of a minor dialing
requirement, such as dialing 9 to obtain an outside line, shall not be deemed a
violation of this Section. However, under no circumstances shall prepayment, prior
authorization or any other procedure of any nature which in any way impedes
effective, immediate, and direct placement of such emergency phone call be
required.
(e) No person shall procure or provide lodging in any lodging
house, rooming house, motel or hotel, or any services therefrom, through
misrepresentation or production of false identification, or identification
which misrepresents the identity of the person procuring or sharing in such
lodging or service. A violation of this Section shall be punishable under
Section 1-1-7 of the City of Glendale Code of Ordinances.
(f) No owner, keeper, or proprietor of any lodging house,
rooming house, motel or hotel shall rent or provide a room for any number of
persons greater than the sleeping accommodations provided within the particular
rental unit. A violation of this Section shall be punishable under Section
1-1-7 of the City of Glendale Code of Ordinances.
(g) No owner, keeper, or proprietor, guest or resident of any
lodging house, rooming house, motel or hotel shall allow to congregate within
any room or single rental unit a number of persons which is greater than three
(3) times the number of persons for whom sleeping accommodations are provided
within the single room or rental unit. A violation of this Section shall be
punishable under Section 1-1-7 of the City of Glendale Code of Ordinances. (h)
In addition to any forfeiture under Section 1-1-7 for violation of this
Chapter, the City may institute an action or proceeding to enjoin a violation,
and such violation shall constitute the basis for revocation of any and all
licenses and permits wherein the City is the issuing authority.
(a)
Authority.
The authority for adoption of this Section of the City of Glendale Code of
Ordinances is Sec. 118.163, Wis. Stats.
(b)
Definitions.
For purposes of this Section:
(1)
Dropout, A person who
ceased to attend school, does not attend a public or private school, technical
college or home-based private educational program on a full-time basis, has not
graduated from high school, is not enrolled in a program leading to high school
graduation or a high school equivalency diploma, and does not have an
acceptable excuse for being absent from school.
(2)
Habitual Truant.
A pupil who is absent from school without an acceptable excuse under Secs.
118.15 and 118.16(4), Wis. Stats., for part or all of five (5) or more days on
which school is held during a semester.
(3)
Acceptable Excuse.
Has the meaning as defined in Sees. 118. 1 5 and 118.16(4),
(4)
School Attendance Officer.
Any employee designated by the school board to deal with matters relating to
school attendance and truancy.
(5)
Operating Privilege.
Has the meaning given in Sec. 340.01(40), Wis. Stats.
(6)
Truancy. Any absence
of part or all of one or more days from school during which the school
attendance officer, principal or teacher has not been notified of the legal
cause of such absence by the parent or guardian of the absent pupil, and also
means intermittent attendance carried on for the purpose of defeating the
intent of this Section or Sec. 118.15, Wis. Stats.
(7)
Truant. A pupil who
is absent from school without an acceptable excuse under Sees. 118.15 and
118.16(4), Wis. Stats., for part or all of any day on which school is held
during a school semester.
(c)
Prohibitions.
(1)
Prohibition of
Truancy. A person under
eighteen (18) years of age is prohibited from being a truant.
(2)
Prohibition of
Habitual Truancy. A person
under eighteen (18) years of age is prohibited from being a habitual truant.
(3)
Prohibition of
Dropouts. A person under
eighteen (18) years of age is prohibited from being a dropout.
(d)
Issuance of Citations and Precondition to Issuance for
Habitual Truancy. The City of
Glendale Police Department is authorized to issue a municipal citation to any
such person found within its jurisdiction who is in violation of this Section,
provided, however, that with respect to a habitual truant only, the school
attendance officer has first provided evidence to the Police Department that
appropriate school personnel in the school or school district in which the
person is enrolled have, unless an exception in Sec. 118.16(5m), Wis. Stats.,
applies, done all of the following within the school year during which the
truancy occurred:
(1)
Met with the
person's parent or guardian to discuss the person's truancy or attempted to
meet with the person's parent or guardian and received no response or were
refused.
(2)
Provided an
opportunity for educational counseling to the person to determine whether a
change in the person's curriculum would resolve the person's truancy and have
considered curriculum would resolve the person's truancy and have considered
curriculum modifications under Sec. 118.15(1)(d), Wis. Stat.
(3)
Evaluated the
person to determine whether learning problems may be the cause of the person's
truancy and, if so, have taken steps to overcome the learning problems, except
that the person need not be evaluated if tests administered to the person
within the previous year indicate that the person is performing at his or her
grade level.
(4)
Conducted an
evaluation to determine whether social problems may be the cause of the
person's truancy and, if so, have taken appropriate action or made appropriate
referrals.
(e)
Form of Citation.
Any citation issued shall be returnable in the Municipal Court of the City of
(f)
Findings and Dispositions.
(1)
Truancy
Dispositions. Upon finding
a person to be truant, the court shall impose one or more of the following
dispositions:
a.
An order for
the person to attend school.
b.
A forfeiture
of not more than Fifty Dollars ($50.00) plus costs for a first violation, or a
forfeiture of not more than One Hundred Dollars ($100.00) plus costs for any
second or subsequent violation committed within twelve (12) months of a
previous violation, subject to Sec. 938.37, Wis. Stats., and subject to a
maximum cumulative forfeiture of not more than Five Hundred Dollars ($500.00)
plus costs for all violations committed during a school semester. All or part
of the forfeiture plus costs may be assessed against the truant, the parents or
guardian of the truant, or both.
(2)
Habitual Truancy
Dispositions, Upon finding
a person to be a habitual truant, the court shall impose one or more of the
following dispositions:
a.
Suspend the
person's operating privileges for not less than thirty (30) days or more than
one (1) year. The court shall immediately take possession of any suspended
license and forward it to the Wisconsin Department of Transportation, together
with a notice setting forth the reason for and duration of the suspension.
b.
Order the
person to participate in counseling, community service or a supervised work
program under Sec. 938.34(5g), Wis. Stats. The costs of any such counseling,
supervised work program or other community service may be assessed against the
person, the parents or guardian of the person, or both. Any county department
of human services or social services, community agency, public agency or
non-profit charitable organization administering a supervised work program or
other community service work to which a person is assigned pursuant to an order
under this paragraph acting in good faith has immunity from any civil liability
in excess of Twenty-five Thousand Dollars ($25,000.00) for any act or omission
by or impacting on that person.
c.
Order the
person to remain at home except during hours in which the person is attending religious
worship or a school program, including travel time required to get to and from
the school program or place of worship. The order may permit a person to leave
his or her home if the person is accompanied by a parent or guardian.
d.
Order the
person to attend an education program under Sec. 938.34(7d), Wis. Stats.
e.
Order the
Department of Workforce Development to revoke under Sec. 103.72, Wis. Stats., a
permit under Sec. 103.70, Wis. Stats., authorizing the employment of the
person.
f.
Order the
person to attend school.
g.
Impose a
forfeiture of not more than Five Hundred Dollars ($500.00) plus costs, subject
to Sec. 938.37, Wis. Stats. All or part of the forfeiture plus costs may be
assessed against the person, the parents or guardian of the person, or both.
h.
Order the
person to comply with any other reasonable conditions consistent with this
Section, including a curfew, restrictions as to going or remaining on specified
premises and restrictions on associating with other juveniles or adults.
i.
An order
placing the person under formal or informal supervision as described in Sec.
938.34(2), Wis. Stats., for up to one year.
j.
Order the
person's parent, guardian or legal custodian to participate in counseling at
the parent's, guardian's or legal custodian's own expense or to attend
school with the person or both.
(3)
Dropout
Dispositions, Upon finding a person who is at least sixteen (16) years of age,
but less than eighteen (18) years of age, to be a dropout, the court shall
impose one or more of the following dispositions:
a.
Except as
provided in Subsection (b), the court shall suspend the person's operating
privilege until the person reaches the age of eighteen (18) years. The court
shall immediately take possession of any suspended license authorized for habitual truants and forward it to the
Wisconsin Department of Transportation, together with a notice stating the
reason for and the duration of the suspension.
b.
If the court
finds that suspension of the person's operating privilege until age eighteen
(18) would cause an undue hardship to the person or his or her family, the
court may instead enter any of the specific dispositions authorized for
habitual truants.
(g)
Contributing to Truancy.
(1)
Prohibition. Except as provided in Subsection (g)(2) below, any person
eighteen (18) years of age or older, who, by any act or omission, knowingly
encourages or contributes to a person's truancy, as defined within this
Section, is guilty of a violation of this Section.
(2)
Exemption. Subsection (g)(1) does not apply to a person who has under
his or her control a person who has been sanctioned under Sec. 49.26(1)(h),
Wis. Stats.
(3)
Contribution
Test. An act or omission
contributes to the truancy of a person whether or not the person is adjudged to
be in need of protection or services, if the natural and probable consequences
of that act or omission would cause the person to be truant.
(4)
Statutory
Authority. This Subsection is
adopted pursuant to the authority granted by Sec. 66.051(2), Wis. Stats.
(5)
Forfeiture. A person adjudged to have violated this Section shall be
subject to a forfeiture of not less than
Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00)
(h) References To
Statutes. References to specific statutory sections whenever used in this
Section shall mean the Wisconsin Statutes of 1997-98 as from time to time are
amended, modified, repealed or otherwise altered by the state legislature.
(a)
Except as
provided in Subsection (b), no person may smoke in the following places:
(1)
Municipal and
publicly owned buildings.
(2)
Public primary
and secondary educational facilities, including the entire grounds upon which
they are situated.
(b)
Designation of Smoking Areas.
(1)
A person in
charge, his agent or the City Council by resolution may designate smoking areas
in the places where smoking is regulated under Subsection (a), unless a fire
marshal, law, ordinance or resolution prohibits smoking. Entire rooms and
buildings may be designated smoking areas.
(2)
If an entire
room is designated a smoking area, the person in charge or his agent shall post
notice of the designation conspicuously on or near all entrances to the room
normally used by the public. If an entire building is designated a smoking
area, notice of the designation shall be posted on or near all entrances to the
building normally used by the public, but posting notice of the designation on
or near entrances to rooms within the building is not required.
(3)
The person in
charge or his agent shall utilize, if possible, existing physical barriers and
ventilation systems when designating smoking areas. This Subsection requires no
new construction of physical barriers or ventilation systems in any building.
(4)
This Section
requires the posting of signs only in areas where smoking is permitted.
(c)
Signs Required.
The person in charge or his agent shall post signs identifying smoking areas.
(d)
Smoking on Regulated Premises. No person shall smoke, hold, possess, or carry a lighted
cigar, cigarette or pipe, or chew, or in any way physically insert or ingest a
tobacco substance, tobacco plant product, or tobacco byproduct or derivative,
on any premises defined in Subsection (a) except in areas designated by its
administrative authority and approved for such purpose by the Fire Chief. The
person or persons in charge of such premises shall post and maintain signs
bearing the words "No Smoking" in conspicuous locations, but the
existence of such signs shall be deemed informational and not a prerequisite to
or condition of enforcement of this Section.
(a)
Prohibitions.
Any person who dials the "911" Emergency Telephone Number and does
any of the following is guilty of a violation of this Section:
(1)
Knowing that
the fact situation he/she reports does not exist.
(2)
For a
non-emergency reason.
(3)
Fails to
report an emergency and fails to hang up, causing an open line.
(4)
Hangs up
without first reporting an emergency or without a valid reason for dialing
"911". For purposes of this Section, it is presumed that the caller
does not have a valid reason if a prior hang-up, false alarm, non-emergency or
open line call has been made from the same telephone number within the last
twelve (12) month period.
(b) Penalty. Any person
who violates this Section shall be fined not less than Twenty-Five Dollars ($25.00)
or more than Five Hundred Dollars ($500.00) for a first violation, and not less
than Fifty Dollars ($50.00) or more than One Thousand Dollars ($1,000.00) for a
second or subsequent violation.
(a)
Definitions.
For purposes of this Section, the following terms shall be defined as specified
herein.
(1)
Harmful
Substances. Toxic glue, or any
other substance having the property of releasing toxic vapors or which
vaporizes to produce a vapor, gas or fume which when inhaled produces
intoxication, stupefaction, irrational behavior, paralysis, or which changes,
distorts or disturbs eyesight, the thinking process, judgment, balance or
muscular coordination.
(2)
Toxic Glue. Any glue, adhesive cement, mucilage, plastic cement, or
any similar substance containing one or more of the following volatile
substances: acetone, benzene, butylalcohol, cyciohexanone, ethyl acetate,
isopropyl alcohol, methyl alcohol, methyl cellosolve, acetate, methyl ethyl
ketone, methyl isobutyl ketone, pentachlorophenol, petroleum ether,
tricholorethylorethylene, tricresyl phosphate, toluene, toluol, or any other
chemical capable of producing intoxication when inhaled.
(b)
Smelling or Inhalation Prohibited. No person shall smell gases, inhale the fumes or vapors or
otherwise introduce into his/her respiratory tract any harmful substance with
the intent of becoming intoxicated, elated, excited, stupified, irrational,
paralyzed, or with the intent to change, distort or disturb his/her eyesight,
thinking process, judgment, balance or muscular coordination.
(c)
It
shall be unlawful for any person to possess any device or container that
contains a combination of oleoresin of capsicum, commonly referred to as
"pepper spray", and inert ingredients but does not contain any other
gas or substance that will cause bodily discomfort, on school grounds.
Any
person violating any provision of Sections 11.2.1 through 11.2.19 shall, upon
conviction of such violation, be subject to the penalties as prescribed by
Section 1.1.7 of this Code.
11.3.1 Destruction
of Property Prohibited
11.3.2 Littering
Prohibited
11.3.3 Abandoned
Refrigerators Prohibited
11.3.4 (Reserved
for Future Use)
11.3.5 Storage
of Junk, Etc., Regulated
11.3.6 (Reserved
for Future Use)
11.3.7 Theft
of Library Material
11.3.8 Damaging
or Tampering With Coin Machines
11.3.9 Damage
to Public Property
11.3.10 Disturbing
Cemetery Property
11.3.11 Open
Cisterns, Wells, Basements or Other Dangerous Excavations Prohibited
11.3.12 Refusal
to Pay Taxi Fare Prohibited
11.3.13 Penalties
(a)
Destruction of Property.
No person shall willfully injure or intentionally deface, destroy or unlawfully
remove, take or meddle with any property of any kind or nature within the City
and belonging to the City or its departments, public School Districts or to any
private person, without the consent of the owner or proper authority.
(b)
Parental Liability.
Pursuant to Sec. 895.035, Wis. Stats., the parents of an unemancipated minor
shall be liable for the damage of property caused by the willful, malicious or
wanton act of such child; such liability shall not exceed Two Thousand Five Hundred
Dollars ($2,500.00).
(c)
Unlawful Removal of Property. It shall be unlawful for any person to take and carry away
the property of another without the owner's consent with the intention to do
so.
(a)
Littering Prohibited.
No person shall throw any glass, refuse or waste, filth or other litter upon
the streets, alleys, highways, public parks or other property of the City, or
upon property within the City owned by public School Districts or any private
person, or upon the surface of any body of water within the City.
(b)
Litter From Conduct of Commercial
(1)
Scope. The provisions of this Subsection shall apply to all
sales, promotions and other commercial ventures that result in litter being
deposited on any street, alley or other public way.
(2)
Litter to be
cleaned up. Any person, firm,
corporation or association carrying on an enterprise that results in litter
being deposited on any street, alley or other public way shall clean up the
same within twelve (12) hours of the time the same is deposited. If any such
litter is subject to being blown about, it shall be picked up immediately. If
any such litter is likely to attract animals or vermin, such litter shall be
picked up immediately.
(3)
Litter picked
up at litterer's expense. If any
person, firm, corporation or association falls to pick up any litter as
required by Subsection (b)(1) within the time specified, the City shall arrange
to have the same picked up by City crews or by private enterprise. Applicable
bidding procedures shall be used for any arrangement for the use of private
enterprise to pick up such litter. The entire expense of picking up such
litter, together with an additional charge of twenty percent (20%) for
administrative expenses, shall be charged to the person, firm, corporation or
association that did the littering. If such sum is not promptly paid, steps
shall be taken, with the advice of the City Attorney's office, to collect the
same. This charge shall be in addition to any forfeiture or other penalty for violation
of this Section.
(c)
Dumping of Refuse and Grass in Gutters. No person shall deposit any refuse, leaves or grass
clippings in any gutter along any public street, road, alley or highway.
(d)
Handbills.
(1)
Scattering
Prohibited. It shall be
unlawful to deliver any handbills or advertising material to any premises in
the City except by being handed to the recipient, placed on the porch, stoop or
entrance way of the building or firmly affixed to a building so as to prevent
any such articles from being blown about, becoming scattered or in any way
causing litter.
(2)
Papers in
Public Places Prohibited. It shall be
unlawful to leave any handbills, advertising material or newspapers unattended
in any street, alley, public building or other public place, provided that this
shall not prohibit the sale of
newspapers in vending machines.
No
person shall leave or permit to remain outside of any dwelling, building or
other structure, or within any unoccupied or abandoned building, dwelling or
other structure under his control in a place accessible to children any
abandoned, unattended or discarded ice box, refrigerator or other container
which has an airtight door or lid, snap lock or other locking device which may
not be released from the inside without first removing said door or lid, snap
lock or other locking device from said ice box, refrigerator or container,
unless such container is displayed for sale on the premises of the owner or his
agent and is securely locked or fastened.
No
person shall store junked or discarded property including automobiles,
automobile parts, trucks, tractors, refrigerators, furnaces, washing machines,
stoves, machinery or machinery parts, wood, bricks, cement blocks or other
unsightly debris which substantially depreciates property values in the
neighborhood except or upon permit issued by the Common Council. The Chief of
Police or Building Inspector may require by written order any premises
violating this Section to be put in compliance within the time specified in
such order and, if the order is not complied with, may have the premises put in
compliance and the cost thereof assessed as a special tax against the property.
Cross
Reference: Title 10, Chapter
5.
(a)
Definitions.
For the purposes of this Section, certain words and terms are defined as
follows:
(1)
Archives. A place in which public or institutional records are
systematically preserved.
(2)
Library. Means any public library, library of an educational or
historical organization or society or museum, and specifically the public
libraries of the City of
(3)
Library
Material. Includes any book,
plate, picture photograph, engraving, painting, drawing, map, newspaper,
magazine, pamphlet, broadside, manuscript, document, letter, public record,
microform, sound recording, audio-visual materials in any format, magnetic or
other tapes, electronic data processing records, or other tapes, artifacts or
other documents, written or printed materials, regardless of physical form of
characteristics, belonging to, on loan to or otherwise in the custody of a
library.
(b)
Possession Without Consent Prohibited. Whoever intentionally takes and carries away, transfers,
conceals or retains possession of any library material without the consent of a
library official, agent or employee and with intent to deprive the library of
possession of the material may be subject to a forfeiture as provided by the
general penalty provisions of this Code. The failure to return library material
after its proper return date, after written notice from the library, shall be
deemed to be theft. Notice shall be considered given when written notice is
mailed to the last-known address of the person with the overdue material; the
notice date shall be the date of mailing.
(c)
Concealment.
The concealment of library material beyond the last station for borrowing
library material in a library is evidence of intent to deprive the library of
possession of the material. The discovery of library material which has not
been borrowed in accordance with the library's procedures or taken with consent
of a library official, agent or employee and which is concealed upon the person
or among the belongings of another is evidence of intentional concealment on
the part of the person so concealing the material.
(d)
Detention Based on Probable Cause. An official or adult employee or agent of a library who
has probable cause for believing that a person has violated this Section in his
or her presence may detain the person in a reasonable manner for a reasonable
length of time to deliver the person to a peace officer or to the person's
parent or guardian in the case of a minor. The detained person shall be
promptly informed of the purpose of the detention and be permitted to make
telephone calls, but shall not be interrogated or searched against his or her
will before the arrival of a peace officer who may conduct a lawful interrogation
of the accused person. Compliance with this Section entitles the official,
agent or 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.
(e)
Damaging Material Prohibited. No person shall mar, deface or in any other way damage or
mutilate any library material.
(f)
Return Demanded.
No person shall fail, on demand, to return any library material when such
demand has been made in accordance with the rules and regulations duly made and
adopted by the library.
State
Law Reference: Section 943.61,
(a)
No person
shall, without lawful authority, open, remove or damage any coin machine, coin
telephone or other vending machine dispensing goods or services, or a part
thereof, or possess a key or device specifically designed to open or break any
coin machine, coin telephone or other vending machine dispensing goods or
services, or possess a drawing, print or mold of a key or device specifically
designed to open or break any coin machine, coin telephone or other vending
machine dispensing goods or services within the limits of the City. No person
shall deposit a slug in a coin-operated machine.
(b)
In this
Section, coin machine means any device or receptacle designed to receive money
or anything of value. The term includes a depository box, parking meter,
vending machine, pay telephone, money-changing machine, coin-operated
phonograph and amusement machine if they are designed to receive money or other
thing of value.
(a)
Damaging Public Property.
No person shall climb any tree or pluck any flowers or fruit, wild or
cultivated, or break, cut down, trample upon, remove, or in any manner injure or
deface, write upon, defile or ill use any tree, shrub, flower, flower bed,
turf, fountain, ornament, statue, building, fence, apparatus, bench, table,
official notice, sign, bridge, structure or other property within any park or
parkway, or in any way injure, damage or deface any public building, sidewalk
or other public property in the City.
(b)
Breaking of Street Lamps or Windows. No person shall break glass in any street lamps or windows
of any building owned or occupied by the City.
No
person except the owner of the cemetery lot or a cemetery employee shall cut, remove, injury or carry away flowers,
trees, plants or vines from any cemetery lot or property; nor shall any person
deface, injury or mark upon any cemetery
markers, headstones, monuments, fences or structures; nor shall any
person other than the owner injure, carry away or destroy any
vases, flower pots, urns or other objects which have been placed on any
cemetery lot.
No person shall have
or permit on any premises owned or occupied by him any open cisterns,
cesspools, wells, unused basements, excavations or other dangerous openings.
All such places shall be filled, securely covered or fenced in such manner as
to prevent injury to any person and any cover shall be of a design, size and
weight that the same cannot be removed by small children.
No person who has
been transported by a taxicab shall refuse to pay the fare for such
transportation as such fare is shown on the taximeter or zone meter.
Any
person violating any provision of Sections 11.3.1 through 11.3.12 shall, upon
conviction of such violation, be subject to the penalties as prescribed by
Section 1.1.7 of this Code. In addition to the general penalty of this Code in
Section 1.1.7 or any other penalty imposed for violation of any Section of this
Chapter, any person who shall cause physical damage to or destroy any public
property shall be liable for the cost of replacing or repairing such damaged or
destroyed property. The parent or parents of any unemancipated minor child who
violates Section 11-3-1 may also be held liable for the cost of replacing or
repairing such damaged or destroyed property in accordance with the Wisconsin
Statutes. Nothing in this Code of Ordinances shall prevent the Police
Department from referring violations of the provisions of this Title to the
District Attorney's office in the interest of justice.
11.4.1 Definitions
11.4.2 Outside
Consumption
11.4.3
11.4.4 Underage
Persons' Presence in Places of
11.4.5 Underage
Persons; Prohibitions; Penalties
11.4.6 Defense
of Sellers
11.4.7 False
or Altered Identification Cards
11.4.8 Possession
of Alcohol Beverages on School Grounds
11.4.9 Solicitation
of Drinks Prohibited
As used in this
Chapter, these terms are defined as follows:
(a)
Alcohol Beverage(s).
Fermented malt beverages and intoxicating liquor.
(b)
Fermented Malt Beverage(s). Any beverage made by the alcohol fermentation of an
infusion in potable water of barley malt and hops, with or without unmalted
grains or decorticated and degerminated grains or sugar containing one-half
percent (0.5%) or more of alcohol by volume.
(c)
Intoxicating Liquor.
All ardent, spirituous, distilled or vinous liquors, liquids or compounds,
whether medicated, proprietary, patented or not, and by whatever name called,
containing one-half percent (0.5%) or more of alcohol by volume, which are
beverages, but does not include "fermented malt beverages".
(d)
Official Identification Card. A valid operator's license issued under Chapter 343, Wis.
Stats., that contains the photograph of the holder, an identification card
issued under Sec. 343.50, Wis. Stats., or an identification card issued under
Sec. 125.08, Wis. Stats.
(e)
Public Area.
Any location within the City which is open to access to persons not requiring
specific permission of the owner to be at such location, including all parking
lots serving commercial establishments.
(f)
Underage Person.
Any person who has not attained the legal drinking age as defined by Ch. 125,
Wis. Stats.
(a)
Alcohol Beverages in Public Areas. It shall be unlawful for any person to sell, serve or give
away, or offer to sell, serve or give away, any alcohol beverage upon any
public street, sidewalk, alley, public parking lot, highway, cemetery or
drives, or other public area within the City. or on private property without
the owner's consent, except at licensed premises. It shall be unlawful for any
person to consume or have in his or her possession any open container
containing an alcohol beverage upon any public street, public sidewalk, public
way, public alley or public parking lot within the City except at licensed
premises.
(b)
Parks. It shall be
unlawful for any person to consume or have in their possession any alcohol
beverage in any public park between the hours of 12:00 p.m. and 6:00 a.m.
except as licensed premises.
(c)
Leaving Licensed Premises With Open Container.
(1)
It shall be
unlawful for any licensee, permittee or operator to permit any patron to leave
the licensed premises with an open container containing any alcohol beverage.
(2)
It shall be
unlawful for any patron to leave a licensed premises with an open container
containing any alcohol beverage.
(3)
It shall be
unlawful for any patron to remove an original unopened package, container or
bottle containing any alcohol beverage from a Class "A" licensed
premises between the hours of 9:00 p.m. and 6:00 a.m.
(d)
Exceptions.
(1)
The provisions
of this Section may be waived by two-thirds (2/3) vote of the Common Council
for duly authorized events.
(2)
Any
organization which has been issued a special Class "B" fermented malt
beverage picnic license pursuant to this Code of Ordinances, provided that the
provisions of this Chapter and Title 7, Chapter 2, are fully complied with.
Cross-Reference:
Section 7-2-16
(a)
(1)
No person may
procure for, sell, dispense or give away any alcohol beverages to any underage
person not accompanied by his or her parent, guardian or spouse who has
attained the legal drinking age.
(2)
No licensee or
permittee may sell, vend, deal or traffic in alcohol beverages to or with any
underage person not accompanied by his or her parent, guardian or spouse who
has attained the legal drinking age.
(3)
No adult may
knowingly permit or fail to take action to prevent the illegal consumption of
alcohol beverages by an underage person on premises owned by the adult or under
the adult's control. This Subsection does not apply to alcohol beverages used
exclusively as part of a religious service.
(4)
No adult may
intentionally encourage or contribute to a violation of Subsections (1) or (2)
above.
(b)
Penalties.
A person who commits a violation of Subsection (a) above is subject to the
penalties enumerated in Sec. 125.07(1)(b), Wis. Stats. In addition, the Common
Council shall suspend any license issued under Title 7 of this Code to a person
violating Subsection (a), pursuant to Sec. 125.07(1)(b)3, Wis. Stats., and
shall promptly notify the City Clerk and necessary department which has issued
a license to the person.
(c)
(1)
No person may
procure for, sell, dispense or give away alcohol beverages to a person who is
intoxicated.
(2)
No licensee or
permittee may sell, deal or traffic in alcohol beverages to or with a person
who is intoxicated.
(d) Penalties. Any
person who violates Subsection above shall be subject to a forfeiture of not
less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00).
State
Law Reference: Sec. 125.07(1) and
(2),
(a)
Restrictions.
An underage person not accompanied by his or her parent, guardian or spouse who
has attained the legal drinking age may not enter or be on any premises for
which a license or permit for the retail sale of alcohol beverage has been
issued for any purpose except the transaction of business pertaining to the
licensed premises with or for the licensee or his or her employee. The business
may not be amusement or the purchase, receiving or consumption of edibles or
beverages or similar activities, which normally constitute activities of a
customer of the premises. This Subsection does not apply to any persons,
entities or premises enumerated in Sec. 125.07(3)(a)1. Through 12.,
(b)
Penalties.
A licensee or permittee who directly or indirectly permits an under-age person
to enter or be on a licensed premises in violation of Subsection (a) is subject
to a forfeiture of not more than Five Hundred Dollars ($500.00).
State
Law Reference: Sec. 125.07(3),
(a)
Any underage
person who does any of the following is guilty of a violation:
(1)
Procures or
attempts to procure alcohol beverages from a licensee or permittee.
(2)
Unless
accompanied by a parent, guardian or spouse who has attained the legal drinking
age, possesses or consumes alcohol beverages on licensed premises.
(3)
Enters,
knowingly attempts to enter or is on licensed premises in violation of Section
11.4.4(a) of this Code of Ordinances.
(4)
Falsely
represents his or her age for the purpose of receiving alcohol beverages from a
licensee or permittee.
(b)
Except as
provided in Subsection (e), any underage person not accompanied by a parent,
guardian or spouse who has attained the legal drinking age who knowingly
possesses or consumes alcohol beverages is guilty of a violation.
(c)
Any person
violating Subsection (a) is subject to the penalties enumerated in Sec.
125.07(4)(bs), Wis. Stats., however, any child twelve (12) through seventeen
(17) years of age on the date of disposition who violates Subsection (a) is
subject to the penalties enumerated in Sections 48.344(2b), (2g) and (2m), Wis.
Stats.
(d)
Any person
violating Subsection (b) is subject to the penalties enumerated in Secs.
125.07(4)(c), (cd), (cg), (cm) and (e), Wis. Stats., however, any child twelve
(12) through seventeen (17) years of age on the date of disposition who
violates Subsection (b) above is subject to the penalties enumerated in
Subsections 48.344(2), (2g) and (2m), Wis. Stats.
(e)
An underage
person may possess alcohol beverages in the course of employment during his or
her working hours if employed by any of the following:
(1)
A brewer.
(2)
A fermented
malt beverages wholesaler.
(3)
A permittee
other than a Class "B" or "Class B" permittee.
(4)
A facility for
the production of alcohol fuel.
(5)
A retail
licensee or permittee under the conditions specified in Secs. 125.32(2) or
125.68(2), Wis. Stats., or for delivery of unopened containers to the home or
vehicle of a customer.
(6)
A campus, as
defined in Sec. 36.05(3), Wis. Stats., if the underage person is at least
eighteen (18) years of age and is under the immediate supervision of a person
who has attained the legal drinking age.
State Law Reference:
Secs. 125.10 and 125.07(4),
(a)
Defenses. Proof of the
following facts by a seller of alcohol beverages to an underage person is a
defense to any prosecution for a violation of Sections 11-4-3 and 11-4-4 of
this Code of Ordinances:
(1)
That the
purchaser falsely represented in writing and supported with other documentary
proof that he or she had attained the legal drinking age.
(2)
That the
appearance of the purchaser was such that an ordinary and prudent person would
believe that the purchaser had attained the legal drinking age.
(3)
That the sale
was made in good faith and in reliance on the written representation and
appearance of the purchaser in the belief that the purchaser had attained the
legal drinking age.
(4)
That the
underage person supported the representation under Subsection (a) above with
documentation that he or she had attained the legal drinking age.
(b)
Book Kept by Licensees and Permittees.
(1)
Every retail
alcohol beverage licensee or permittee shall cause a book to be kept for the
purpose of this Subsection. The licensee or permittee or his or her employee
shall require any of the following persons to sign the book:
a.
A person who
has shown documentary proof that he or she has attained the legal drinking age
if the person's age is in question.
b.
A person who
alleges that he or she is the underage person's parent, guardian or spouse who
has attained the legal drinking age, if the licensee or permittee or his or her
employer suspects that the person is not the underage person's parent, guardian
or spouse who has attained the legal drinking age.
(2) The book shall show the date of the purchase of the alcohol
beverages, the identification used in making the purchase or the identification
used to establish that a person is an underage person's parent, guardian or
spouse who has attained the legal drinking age, the address of the purchaser
and the purchaser's signature.
State Law Reference:
Section 125.07(6) and (7),
(a)
Persons Who Have Attained the Legal Drinking Age.
(1) Any person who has attained the legal drinking age who makes,
alters or duplicates an official identification card, who provides an official
identification card to an underage person or who knowingly provides other
documentation to an underage person purporting to show that the underage person
has attained the legal drinking age shall forfeit not less than One Hundred
Dollars ($100.00) nor more than Five Hundred Dollars ($500.00). This Section
does not apply to a person who is authorized to make an official identification
card under Chapter 343, Wis. Stats.
(2)
Any person who
has attained the legal drinking age who, in applying for an identification
card, presents false information to the issuing officer shall forfeit not less
than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars
($500.00).
(b)
Underage Persons.
Any underage person who does any of the following is subject to the penalties
enumerated in Sec. 125.085(3)(bd), Wis. Stats., however, any child twelve (12)
through seventeen (17) years of age on the date of disposition who violates
this Subsection is subject to the penalties enumerated in Secs. 48.344(2d) and
(2),
(1)
Intentionally
carries an official identification card not legally issued to him or her, an
official identification card obtained under false pretenses or an official
identification card which has been altered or duplicated to convey false
information.
(2)
Makes, alters
or duplicates an official identification card purporting to show that he or she
has attained the legal drinking age.
(3)
Presents false
information to an issuing officer in applying for an official identification
card.
(4)
Intentionally
carries an official identification card or other documentation showing that the
person has attained the legal drinking age, with knowledge that the official
identification card or documentation is false.
(c) Confiscation of Card.
A law enforcement officer investigating an alleged violation of Subsection (b)
shall confiscate any official identification card or other documentation that
constitutes evidence of the violation.
(a)
The following
definitions shall be applicable in this Section:
(1)
Motor vehicle.
A motor vehicle owned, rented or consigned to a school.
(2)
School. A
public, parochial or private school which provides an educational program for
one (1) or more grades between grades 1 and 12 and which is commonly known as
an elementary school, middle school, .junior high school, senior high school or
high school.
(3)
School
administrator. The person designated by the governing body of a school as
ultimately responsible for the ordinary operations of a school.
(4)
School
premises. Premises owned, rented or under the control of a school.
(b)
Except as
provided by Subsection (c), no person may possess or consume alcohol beverages:
(1)
On school
premises;
(2)
In a motor
vehicle, if a pupil attending the school is in the motor vehicle; or
(3)
While
participating in a school-sponsored activity.
(c)
Alcohol
beverages may be possessed or consumed on school premises, in motor vehicles or
by participants in school-sponsored activities if specifically permitted in
writing by the school administrator consistent with applicable laws and
ordinances.
(d)
A person who
violates this Section is subject to a forfeiture of not more than Two Hundred
Dollars ($200.00), except that Secs. 48.344(2) and (3),
State
Law Reference: Section 125.09(2),
Any
licensee, permittee or bartender of a retail alcohol beverage establishment
covered by a license or permit issued by the City who permits an entertainer or
an employee to solicit a drink of any alcohol beverage defined in Section
125.02(1) of the Wisconsin Statutes, or any other drink from a customer on the
premises, or any entertainer or employee who solicits such drinks from any
customer is deemed in violation of this Section.
11.5.1 Curfew
11.5.2 Possession,
Manufacture and Delivery of Drug Paraphernalia by a Minor Prohibited
11.5.3 Alcohol-Related
Loitering by Underage Persons
11.5.4 Receiving
Stolen Goods
11.5.5 Purchase
or Possession of Tobacco Products Prohibited
11.5.6 Prohibition
of Possession of Spray Paint and Wide-Tipped Markers by Minors
11.5.7 POSSESSION
OF WEAPONS BY MINORS
11.5.8 City
Jurisdiction Over Persons 12 through 16 Years of Age
11.5.9 Enforcement
and Penalties
11.5.10 Municipal
Court Authority to Impose Alternative Juvenile Dispositions and Sanctions
(a)
Curfew. It shall be
unlawful for any person under sixteen (16) years of age to be on foot, bicycle
or in any type of vehicle on any public street, avenue, highway, road, alley,
park, school grounds, swimming beach, cemetery, playground, public building or
any other public place in the City of Glendale between the hours of 11:00 p.m.
and 5:00 a.m., unless accompanied by his or her parent or legal guardian, or
person having lawful custody and control of his or her person, or unless there
exists a reasonable necessity therefor. The fact that said child, unaccompanied
by parent, legal guardian or other person having legal custody is found upon
any such public place during the aforementioned hours shall be prima facie
evidence that said child is there unlawfully and that no reasonable excuse
exists therefor.
(b)
Exceptions.
(1)
This Section
shall not apply to a child:
a.
Who is
performing an errand as directed by his/her parent, legal guardian or person
having lawful custody.
b.
Who is on
his/her own premises or in the areas immediately adjacent thereto.
c.
Whose
employment makes it necessary to be upon the streets, alleys or public places
or in any motor vehicle during such hours.
d.
Who is
returning home from a supervised school, church or civic function.
(2)
These
exceptions shall not, however, permit a child to unnecessarily loiter about the
streets, alleys or public places or be in a parked motor vehicle on the public
streets.
(c)
Parental Responsibility.
It shall be unlawful for any parent, legal guardian or other person having the
lawful care, custody and control of any person under sixteen (16) years of age
to allow or permit such person to violate the provisions of (a) or (b) above.
The fact that prior to the present offense a parent, legal guardian or
custodian was informed by any law enforcement officer of a separate violation
of this Section occurring within thirty (30) days of the present offense shall
be prima facie evidence that such parent, legal guardian or custodian allowed
or permitted the present violation. Any parent, legal guardian or custodian
herein who shall have made a missing person notification to the police
department shall not be considered to have allowed or permitted any person
under sixteen (16) years of age to violate this Section.
(d)
Places of entertainment.
It shall be unlawful for any person, firm or organization operating or in
charge of any place of amusement, entertainment, refreshment or other place of
business to permit any minor under sixteen (16) years of age to loiter, loaf or
idle in such place during the hours prohibited by this Section. Whenever the
owner or person in charge or in control of any place of amusement,
entertainment, refreshment or other place of business during the hours
prohibited by this Section shall find persons under sixteen (16) years of age
loitering, loafing or idling in such place of business, he shall immediately
order such person to leave and if such person refuses to leave said place of
business, the operator shall immediately notify the Police Department and
inform them of the violation.
(e)
Detention of Violators.
Every law enforcement officer is hereby authorized to detain any minor
violating the provisions of above until such time as the parent, legal guardian
or person having legal custody of the minor shall be immediately notified and
the person so notified shall as soon as reasonably possible thereafter report
to the Police Department for the purpose of taking the custody of the minor and
shall sign a release for him or her. If no response is received, the Police
shall take whatever action is deemed necessary in the best interest of the
minor.
(f)
First Offense.
The first time a minor, parent, legal guardian or person having legal custody
of a minor is detained by a law enforcement officer of the City, as provided in
Subsection (e), such minor, parent, legal guardian or person having such legal
custody shall be advised, personally, if known or by registered mail, as to the
provisions of this Section, and further advised that any violation of this
Section occurring thereafter by this minor or any other minor under his or her
care or custody shall result in a penalty being imposed as hereinafter
provided.
(g)
Penalty.
(1)
Any parent,
legal guardian or person having legal custody of a child described in
Subsections (a) through (e) who has been warned in the manner provided in
Subsection (f) and who thereafter violates any of the provisions of this
Section shall be subject to a penalty as provided in Sec. 1-1-7 of this Code of
Ordinances. After a second violation within a six (6) month period, if the
defendant, in a prosecution under this Section, proves that he or she is unable
to comply with this Section because of the disobedience of the child, the
action shall be dismissed and the child shall be referred to the court assigned
to exercise jurisdiction under Chapter 48, Wis. Stats.
(2)
Any minor
person under sixteen (16) years of age who shall violate this Section shall,
upon conviction thereof, forfeit not less than One Dollar ($1.00) nor more than
Twenty-five Dollars ($25.00), together with such costs, assessments, and
surcharges as provided in Section 1-1-7 of this Code.
(a)
Definition. In
this Section, "drug paraphernalia" means all equipment products and
materials of any kind which are used, intended for use, or designed for use, in
planting, propagating, cultivating, growing, harvesting, manufacturing,
selling, distributing, delivering, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging, storing,
containing, concealing, injecting, ingesting, inhaling or otherwise introducing
into the human body, a controlled substance, as defined in Ch. 961, Wis.
Stats., in violation of this Section. It includes but is not limited to:
(1)
Kits used,
intended for use, or designed for use, in planting, propagating, cultivating,
growing or harvesting of any species of plant which is a controlled substance
or from which a controlled substance can be derived.
(2)
Kits used,
intended for use, or designed for use, in manufacturing, selling, distributing,
delivering, compounding, convening, producing, processing, or preparing
controlled substances.
(3)
Isomerization
devices used, intended for use, or designed for use, in increasing the potency of any species of plant which is a
controlled substance.
(4)
Testing
equipment used, intended for use, or designed for use, in identifying or in
analyzing the strength, effectiveness, or purity of controlled substances.
(5)
Scales and
balances used, intended for use, or designed for use, in weighing or measuring
controlled substances.
(6)
Diluents and
adulterants, such as quinine, hydrochloride, mannitol, mannire, dextrose and
lactose, used, intended for use, or designed for use in cutting controlled
substances.
(7)
Separation
gins and sifters used, intended for use, or designed for use, in removing twigs
and seeds from, or in otherwise cleaning or refining, marijuana.
(8)
Blenders,
bowls, containers, spoons and mixing devices used, intended for use, or designed for use, in compounding controlled
substances.
(9)
Capsules,
balloons, envelopes or other containers used, intended for use, or designed for
use, in packaging small quantities of controlled substances.
(10)
Containers and
other objects used, intended for use, or designed for use, in storing or concealing
controlled substances.
(11)
Hypodermic
syringes, needles, or other objects used, intended for use, or designed for
use, in parenterally injecting controlled substances into the human body.
(12)
Objects used,
intended for use, or designed for use, in ingesting, inhaling or otherwise
introducing marijuana, cocaine, hashish or hashish oil, into the human body,
including but not limited to:
a.
Metal, wooden,
acrylic, glass, stone, plastic, or ceramic pipes with or without screens,
permanent screens, hashish heads, or punctured metal bowls.
b.
Water pipes;
c.
Carburetion
tubes and devices;
d.
Smoking and
carburetion masks;
e.
Objects used
to hold burning material, such as a marijuana cigarette, that has become too
small or too short to be held in the hand;
f.
Miniature
cocaine spoons and cocaine vials;
g.
Chamber pipes;
h.
Carburetor
pipes;
i.
Electric
pipes;
j.
Air-driven
pipes;
k.
Chillurns;
l.
Bongs;
m.
Ice pipes or
chillers.
(b)
Determination of Drug Paraphernalia. In determining whether an object is drug paraphernalia,
the following shall be considered, without limitation of such other
considerations a court may deem relevant;
(1)
Statements by
an owner or by anyone in control of the object concerning its use.
(2)
Prior
convictions, if any, of an owner or of anyone in control of the object, under
any city, state or federal law relating to any controlled substance.
(3)
The proximity
of the object in time and space to a direct violation of this Section.
(4)
The proximity
of the object to controlled substances.
(5)
The existence
of any residue of controlled substance on the object.
(6)
Direct or
circumstantial evidence of the intent of the owner, or of anyone in control of
the object, to deliver it to persons whom the person knows, or should
reasonably know, intend to use the object to facilitate a violation of this
Section. The innocence of an owner, or of anyone in control of this object, as
to a direct violation of this Section, shall not prevent a finding that the
object is intended for use, or designed for use, as drug paraphernalia.
(7)
Oral or
written instructions provided with the object concerning its use.
(8)
Descriptive
materials accompanying the object which explain or depict its use.
(9)
National and
local advertising concerns its use.
(10)
The manner in
which the object is displayed for sale.
(11)
Direct or
circumstantial evidence of the ratio of sales of the object to the total sale
of the business enterprise.
(12)
The existence
and scope of legitimate uses for the object in the community.
(13)
Expert
testimony concerning its use.
(c)
Prohibited Activities.
(1)
Possession of Drug Paraphernalia. No person may use, or possess with the sole 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 in violation of this Subsection.
(2)
Manufacture or Delivery of Drug Paraphernalia. No person may deliver, possess with intent to deliver, or
manufacture with intent to deliver, drug paraphernalia, knowing that it will be
solely 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 in violation of this Subsection.
(3)
Delivery of Drug Paraphernalia By a Minor to a Minor. Any person who violates Subsection (c)(2) by delivering
drug paraphernalia to a person under seventeen (17) years of age who is at
least three (3) years younger than the violator, is guilty of a special
offense.
(4)
Exemption.
This Section does not apply to manufacturers, practitioners, pharmacists,
owners of pharmacies and other persons whose conduct is in accordance with Ch.
961 Wis. Stats. This Section does not prohibit the possession, manufacture of
use of hypodermics, in accordance with Ch. 961, Wis. Stats.
(d) Penalties. Any
person who violates Subsections (c)(1), (2) or (3), shall, upon conviction, be
subject to disposition under Section 1-1-7 of the Glendale Code.
(a)
Loitering by Underage Persons Where Alcohol Beverage is
Illegally Dispensed.
(1)
Prohibition. No underage person shall enter, remain or loiter in any
public or private place with the knowledge that any fermented malt beverage or
other alcohol beverage is being sold, dispensed, given away or made available
to underage persons.
(2)
Exceptions. This Subsection shall not apply to underage persons who are
accompanied by a spouse who has attained the legal drinking age, or a parent or
guardian.
(b)
Permitting Underage Persons to Loiter Where Alcohol Beverage
is Illegally Dispensed. No person of legal drinking age shall knowingly suffer
or permit any underage person to enter, remain or loiter in any premises,
public or private, where fermented malt or other alcohol beverages are served,
sold, dispensed, given away or made available to underage persons, unless such
underage person is accompanied by a parent, guardian or spouse who has attained
the legal drinking age.
It
shall be unlawful for a person under the age of eighteen (18) to intentionally
receive or conceal property he knows to be stolen.
(a)
Definitions.
The following definitions are applicable in this Section:
(1)
Cigarette. Has the meaning given in Sec. 139.30(1), Wis. Stats.
(2)
Law
Enforcement Officer. Has the
meaning given in Sec. 30.50(4s), Wis. Stats.
(3)
Tobacco
Products. Has the meaning given
in Sec. 139.75(12), Wis. Stats.
(b)
Prohibitions.
Except as provided in Subsection (c), no person under eighteen (18) years of
age may do any of the following:
(1)
Buy or attempt
to buy any cigarette or tobacco product.
(2)
Falsely
represent his/her age for the purpose of receiving any cigarette or tobacco
product.
(3)
Possess any
cigarette or tobacco product.
(c)
Exceptions.
A person under eighteen (18) years of age may purchase or possess cigarettes or
tobacco products for the sole purpose of resale in the course of employment
during his/her working hours if employed by a retailer licensed under Sec.
134.65(1), Wis. Stats.
(d)
Seizure. A law
enforcement officer shall seize any cigarette or tobacco product involved in
any violation of Subsection (b) committed in his/her presence.
State
Law Reference: Sec. 938.983(5),
(a)
Definitions. In this Section:
(1)
Spray paint means any container, regardless of the material of which
the container is made, which is made or adapted for the purpose of spraying
paint.
(2)
Wide-tipped
markers means any indelible
marker or similar implement with a tip which at its broadest width, is
one-quarter (1/4) inch or greater.
(b)
Prohibited Conduct.
No person under the age of eighteen (18) may possess spray paint or wide-tipped
markers in a public or private place without the express permission of the
owner or operator of the property.
(a)
Adoption of State Statute.
Section 941.26(4)(k), Wis. Stats., is hereby adopted and by reference
made a part of this Section as if fully set forth herein.
(b)
Provisions of Ordinances Applicable
to Persons 12 through 16 years of Age. Subject to the
provisions and limitations of 938.17(2), Wis. Stats., complaints alleging a
violation of any provision of this code against persons 12 through 16 years of
age may be brought on behalf of the City of Glendale and may be prosecuted
utilizing the same procedures in such cases as are applicable to adults charged
with the same offense.
(c) No
Incarceration as Penalty. The court
shall not impose incarceration as a penalty for any person convicted of an
offense prosecuted under this section.
(a)
Adoption of State Statute.
Section 938.17(2), Wis. Stats., is hereby adopted and by reference made a part
of this Section as if fully set forth herein.
(b)
Provisions of Ordinance Applicable to Persons 12 through 16 Years of Age. Subject to the provisions and
limitations of Section 938.17(2), Wis. Stats., complaints alleging a violation
of any provision of this Code of Ordinances against persons twelve (12) through
sixteen (16) years of age may be brought on behalf of the City of Glendale and
may be prosecuted utilizing the same procedures in such cases as are applicable
to adults charged with the same offense.
(c)
No Incarceration as Penalty. The Court shall not impose incarceration as a penalty for
any person convicted of an offense prosecuted under this Section.
Cross
Reference: Section 1-1-7.
(a)
Citation Process.
For violations of Sections 11-5-2 through 11-5-7, juveniles may be cited by the
citation process on a form approved by the City Attorney. A carbon copy will be
mailed to the parent or legal guardian.
(b)
Penalties. Violations
of this Chapter by a person under the age of seventeen (17) shall be punishable
according to Section 1-1-7(e) of this Code of Ordinances. Nothing in this
Section shall prevent the juvenile officer, in his/her discretion, from
referring cases directly to the District Attorney's office.
(a)
For juvenile
adjudged to have violated an ordinance, a court is authorized to impose any of
the dispositions listed in Sees. 938.343 and 938.344, Wis. Stats,, in
accordance with the provisions of those statutes.
(b)
For a
juvenile, adjudged to have violated an ordinance and who violates a condition
of a dispositional order of the court under Sees. 938.343 or 938.344, Wis.
Stats., the municipal court is authorized to impose an), of the sanctions
listed in Sec. 938.355(6)(d), Wis. Stats., in accordance with the provisions of
those statutes.
(c)
This Section
is enacted under the authority of Sec. 938.17(2)(cm), Wis. Stats.
11.6.1 Public
Nuisances Prohibited
11.6.2 Public
Nuisances Defined
11.6.3 Public
Nuisances Affecting Health
11.6.4 Public
Nuisances Offending Morals and Decency
11.6.5 Public
Nuisances Affecting Peace and Safety
11.6.6 Abatement
of Public Nuisances
11.6.7 Cost
of Abatement
No person shall
erect, contrive, cause, continue, maintain or permit to exist any public
nuisance within the City of
A public nuisance is a thing, act, occupation, condition or use of property which shall continu