[Prior code § 9.14]
A.
Policy and Purpose. It is the policy and purpose of this section
to provide for and to protect the safety and general welfare of the
people of the Village by providing for safer, quieter, and more orderly
public streets, public parks, and public parking lots. For the accomplishment
thereof, this section is intended to prohibit the consumption of alcoholic
beverages on the public streets, public parking lots and public parks
except as otherwise provided for, when those beverages are ready for
immediate consumption on the public streets, public parking lots and
public parks.
B.
Drinking on Public Streets and Parking Lots Prohibited.
1.
No person shall consume any intoxicating liquor or fermented malt
beverage while upon the public streets and public parking lots.
2.
No person shall have on or about his or her person, while on the
public streets or parking lots, or public parks without permission,
any open container which has in it any intoxicating liquor or fermented
malt beverage. For the purpose of this section, "open container" means
any receptacle that could hold an intoxicating liquor or fermented
malt beverage and which is in such a state as to allow immediate consumption
from that receptacle.
3.
The prohibitions contained in this section shall apply to consumption
of intoxicating liquors or fermented malt beverages and to the possession
thereof while in a motor vehicle on the public streets, public parks,
and public parking lots.
C.
Drinking in Parks by Permission Only.
1.
No person shall consume any intoxicating liquor or fermented malt
beverages without express written permission from the Chief of Police
or Village Clerk.
2.
Permission may be granted for consumption of intoxicating liquor
or fermented malt beverages in public parks upon application to the
Chief of Police or Village Clerk.
[Prior code § 9.15]
No person shall knowingly possess, keep or maintain any narcotic
drugs, marijuana or stimulant, depressant or hallucinogenic drugs,
or any substance defined as a controlled substance in the Uniform
Controlled Substance Act, Chapter 961 of the Wisconsin Statutes, unless
the substance 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 961 of the Wisconsin Statutes.
[Added 11-21-2011 by Ord. No. 275]
A.
DELIVER
DISTRIBUTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Has the same meaning given in Section 961.01(6), Wis. Stats.,
with respect to a controlled substance or controlled substance analog.
Has the same meaning given in Section 961.01(9), Wis. Stats.,
with respect to a controlled substance or controlled substance analog.
B.
Prohibited Sales, Use and Possession. It shall be illegal for any
person to possess, sell, publicly display for sale or attempt to sell,
give, deliver, distribute, or barter any one or more of the following
chemicals, whether under the common street or trade names of "Spice,"
"K2," "Genie," "Yucatan Fire," "Blaze," "Red X Dawn," "Zohia," "fake,"
or "new" marijuana, or by any other name, label or description:
1.
Cannabicyclohexonal: 2-[(IR, 3S)-3-hydroxycyclohexyl]-5-(2 methylnonan-2-yl)
phenol;
2.
CP47,497 and homologues: 2-[(IR, 3S)-3-hydroxycyclohexyl]-5-(2-methyloctan
-2-yl)phenol;
3.
HU-210: [(6aR, 10aR)-9-(hydroxy-methyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)
-6a, 7, 10, 10a-tetrahydrobenzo[c] chromen-1-ol], also known as (6aR,
10aR)-3-(1, 1-dimethylheptyl)-6a, 7, 10, 10a-tetrahydro-1-hydroxy-6,
6-dimethyl-6H -dibenzo(b,d] pyran-9-methanol;
4.
JWH-018: 1-pentyl-3-(1-naphthoyl) indole, also known as Naphthalen-1-yl-
(1-butylindol-3-yl) methanone;
5.
JWH-073: 1-butyl-3-(1-naphthoyl) indole, also known as Naphthalen-1-yl-
(1-butylindon-3-yl) methanone;
6.
JWH-081: 1-pentyl-3-(4-methoxy-1-naphthoyl) indole, also known as
4-methoxynaphtalen-1-yl-(1-pentylindol -3-yl) methanone;
7.
JWH-200: 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl) indole;
8.
JWH-250: 1-pentyl-3-(2-methoxyphenylacetyl) indole, also known as
2-(2-methoxyphenyl)-1-(1-pentylindol -3-yl) ethanone;
9.
1-[1-(2-thienyl) cyclohexyl] piperidine, which is the thiophene analog
of phencyclidine;
10.
N-ethyl-1-phenylcyclohexylamine, which is the ethylamine analog
of phencyclidine;
11.
1-(1-phenylcyclohexel) pyrrolidine, which is the pyrrolidine
analog of phencyclidine;
12.
2,5-dimethoxyamphetamine;
13.
4-bromo-2,5-dimethoxyamphetamine, commonly known as "DOB";
14.
4-bromo-2,5-dimethoxy-beta-phenylethylamine, commonly known
as "2C-B" or "Nexus";
15.
4-iodo-2,5-dimethoxy-beta-phenylethylamine, commonly known as
"2C-I";
16.
2,5 dimethoxy-4-(n)-propylthiophenethylamine, commonly known
as "2C-T-7";
17.
Alpha-methyltryptamine, commonly known as "AMT";
18.
5-methoxy-N, N-diisopropyltryptamine, commonly known as "5-MeO-DIPT";
19.
4-methoxyamphetamine, commonly known as "PMA";
20.
1-(3{trifluoromethylpheny1} piperazine, some trade or other
names: TFMPP;
21.
Salvia divinorum or salvinorum A: all parts of the plant presently
classified botanically salvia divinorum, whether growing or not, the
seeds thereof; any extract from any part of such plant, and every
compound manufacture, salts derivative, mixture or preparation of
such plant, its seeds or extracts;
22.
Synthetic equivalents of the substances contained in the plant
cannabis, and/or in the resinous extractives of cannabis and/or synthetic
substances, derivatives, and their isomers with similar chemical structure
and pharmacological activity, and/or any substance which claims such
properties even if in actuality they do not;
23.
Compounds of these structures, regardless of numerical designation
of atomic positions, are similarly prohibited, since nomenclature
of these substances is not internationally standardized; and/or
24.
Any similar structural analogs, such as, including, but not
limited to the synthetic cannabinoids that fall into and/or are part
of one or more of the seven major structural groups:
a.
Naphthoylindoles (e.g., JWH-018, JWH-073 and JWH-398).
b.
Naphthylmethylindoles.
c.
Naphthoylpyrroles.
d.
Naphthylmethylindenes.
e.
Phenylacetylindoles (i.e., benzoylindoles, e. JWH-250).
f.
Cyclohexylphenols (e.g., CP 47,497 and homologues of CP 47,497).
g.
Classical cannabinoids (e.g., Hu-210).
C.
Exception.
1.
The prohibitions set forth herein do not apply to any person who
commits an act described in this section pursuant to the direction
or prescription of a licensed physician or dentist authorized to direct
or prescribe such act.
2.
Subsection B21 does not apply to the manufacture of any dosage form
of salvinorum A that may be obtained from a retail establishment without
a prescription and that is recognized by the United States Food and
Drug Administration as a homeopathic drug.
3.
Subsection B22 does not apply to the distributing or delivery to
an individual who is 18 years of age or older of any dosage form of
salvinorum A that may be obtained from a retail establishment without
a prescription and that is recognized by the United States Food and
Drug Administration as a homeopathic drug.
D.
Penalties. Any person who shall violate any provision of this section
shall be subject to a penalty as follows:
1.
Any person who shall sell, publicly display for sale or attempt to sell, give, deliver, distribute, or barter any one or more of the chemicals as prohibited in Section 9.08.025 above shall, upon conviction, be subject to a forfeiture of not less than $500 and not more than $1,000, together with the cost of prosecution for each violation. Each day a violation continues shall constitute a separate offense. The Village may also seek equitable relief to gain compliance.
[Prior code § 9.30]
A.
Definitions.
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 or more grades between Grades 1 and
12 which is commonly known as an elementary school, middle school,
junior high school, senior high school or high school.
3.
SCHOOL ADMINISTRATOR — A person designated by the governing
body of a school who is ultimately responsible for ordinary operations
of the school.
4.
SCHOOL PREMISES — Premises owned, rented or under the control
of a school.
B.
Prohibited Conduct. Except as provided in Subsection B1 of this section,
no person may possess or consume alcoholic beverages on school premises,
in a motor vehicle on school premises, or while participating in school-sponsored
activities.
1.
Alcoholic beverages may be possessed or consumed while on school
premises, in motor vehicles or by participants in high school sponsored
activities as specifically permitted in writing by the school Administrator
consistent with applicable laws, ordinances and school board policies.
