A.
All forms of gambling, lotteries and fraudulent devices and practices
prohibited by Ch. 945, Wis. Stats., are prohibited within the City.
[Amended by Ord. No. 92-87; Ord. No. 96-14; 7-16-2019 by Ord. No. 19-12]
A.
Except as provided in Subsection B and pursuant to § 254.92, Wis. Stats., no person under 18 may do any of the following:
(1)
Buy or attempt to buy any cigarette, tobacco product, or electronic
smoking device;
(2)
Falsely represent his or her age for the purpose of receiving any
cigarette, tobacco product, or electronic smoking device;
(3)
Possess any cigarette or tobacco product; or
(4)
Possess any electronic smoking device. "Electronic smoking device"
means an electronic device that can be used to deliver an inhaled
dose of nicotine or any other substance intended for human consumption
that may be used by a person to simulate smoking through inhalation
of vapor or aerosol from the product. It includes any such device
whether manufactured, distributed, marketed or sold as an electronic
cigarette, commonly known as e-cigarettes; an electronic cigar; an
electronic cigarillo; an electronic pipe; an electronic hookah; vape
pen; or any other product name or descriptor.
B.
A person under 18 may purchase or possess cigarettes, tobacco products,
or electronic smoking devices for the sole purpose of resale in the
course of employment during his or her working hours, if employed
by a retailer licensed under § 134.65(1), Wis. Stats.
C.
A law enforcement officer shall seize any cigarette, tobacco product or electronic smoking device involved in any violation of Subsection A committed in his or her presence.
D.
Any person under 18 who violates this section shall be subject to
a forfeiture not to exceed $50. If a person under 18 fails to pay
the forfeiture, the court may suspend his driver's license for not
less than 30 days nor more than 90 days. Suspended licenses are to
be disposed of pursuant to § 938.343(2), Wis. Stats.
E.
No person shall use cigarettes, tobacco products, or an electronic smoking device on any school premises located within the City of Watertown. The term "school premises" is defined in § 410-33E(1) of this chapter. A violation of this subsection shall result in a forfeiture not to exceed $50.
[Added by Ord. No. 94-38]
A.
Pursuant to § 134.66(5), Wis. Stats., the Common Council
of the City of Watertown does hereby incorporate by reference all
of the provisions of § 134.66, Wis. Stats.
B.
Restrictions.
(1)
No
retailer may sell or give cigarettes or tobacco products to any person
under the age of 18, except as provided in § 254.92(2)(a),
Wis. Stats. A vending machine operator is not liable under this paragraph
for the purchase of cigarettes or tobacco products from his or her
vending machine by a person under the age of 18, if the vending machine
operator was unaware of the purchase.
(2)
Signs.
(a)
A retailer shall post a sign in areas within his or her premises
where cigarettes or tobacco products are sold to consumers stating
that the sale of any cigarette or tobacco product to a person under
the age of 18 is unlawful under this section and § 254.92,
Wis. Stats.
(b)
A vending machine operator shall attach a notice in a conspicuous
place in front of his or her vending machines stating that the purchase
of any cigarette or tobacco product by a person under the age of 18
is unlawful under § 254.92, Wis. Stats., and that the purchaser
is subject to a forfeiture of not to exceed $25.
(3)
Vending
machines.
(a)
Except as provided hereafter, no retailer may keep a vending machine
in any public place that is open to persons under the age of 18 unless
all of the following apply:
(b)
The person who ultimately controls, governs or directs the activities
within the premises where the vending machine is located shall ensure
that an employee of the retailer remains in the immediate vicinity,
plain view and control of the vending machine whenever the premises
is open.
(c)
Except as provided in Subsection B(3)(d), a vending machine operator shall remove all of his or her vending machines that are located in any place prohibited by this paragraph upon the adoption of this section.
(d)
Notwithstanding Subsection B(3)(c), if a written agreement binding on a vending machine operator governs his or her vending machine that is located in any place prohibited by this paragraph, the vending machine operator shall remove the vending machine on the date that the written agreement expires, or would be extended or renewed, or upon the adoption of this section, whichever occurs first.
(4)
Notwithstanding
the provisions of this section provided hereinabove, no retailer may
place a vending machine within 500 feet of a school. If a written
agreement binding on a vending machine operator governs the location
of his or her vending machine which is located within 500 feet of
a school, the vending machine operator shall remove the vending machine
on the date that the written agreement expires or upon the adoption
of this section, whichever occurs first.
(5)
No
manufacturer, distributor, jobber, subjobber or retailer, or its employees
or agents, may provide cigarettes or tobacco products for nominal
or no consideration to any person under the age of 18.
C.
Defense of retailer. Proof of all of the following facts by a retailer
who sells cigarettes or tobacco products to a person under the age
of 18 is a defense to any prosecution for a violation of the provisions
of this section:
(1)
That
the purchaser falsely represented that he or she had attained the
age of 18 and presented an identification card.
(2)
That
the appearance of the purchaser was such that an ordinary and prudent
person would believe that the purchaser had attained the age of 18.
(3)
That
the sale was made in good faith, in reasonable reliance on the identification
card and appearance of the purchaser, and in the belief that the purchaser
had attained the age of 18.
D.
Violations and penalties.
(1)
A
person who commits a violation is subject to a forfeiture of:
(2)
A
court shall suspend any license or permit issued under § 134.65,
139.34 or 139.79, Wis. Stats., to a person for:
(a)
Not more than three days, if the court finds that the person committed
a violation within 12 months after committing one previous violation.
(b)
Not less than three days nor more than 10 days, if the court finds
that the person committed a violation within 12 months after committing
two other violations.
(c)
Not less than 15 days nor more than 30 days, if the court finds the
person committed the violation within 12 months after committing three
or more other violations.
(3)
The
court shall promptly mail notice of a suspension as provided hereinabove
to the Department of Revenue and to the clerk of the municipality
which has issued a license or permit to the person.
[Amended by Ord. No. 09-33]
A.
No person shall have in his possession any open can, bottle or other
receptacle containing alcohol beverages or drink from the same on
any public street, sidewalk, boulevard, boardwalk, alley or public
parking lot or on or in any vehicle parked on a public street, alley
or public parking lot. "Public parking lot" shall include all premises
held out to the public for use of their motor vehicles, whether such
premises are publicly or privately owned, and whether or not a fee
is charged for the use thereof.
B.
No person shall have in his possession any open can, bottle or other
receptacle containing alcohol beverages or drink from such can, bottle
or receptacle on the Watertown Riverwalk and the contiguous public
property between the Cady Street Bridge and the Milwaukee Street Bridge
along both the east side and west side of the Rock River.
[Added by Ord. No. 96-17]
A.
ALCOHOL BEVERAGE
CONTROLLED SUBSTANCE
LODGING ESTABLISHMENT
UNDERAGE PERSON
As used in this section, the following terms shall have the meanings
indicated:
Has the meaning given in § 125.02(1), Wis. Stats.
Has the meaning given in § 961.01(4), Wis. Stats.
Has the meaning given in § 106.52(1)(d), Wis. Stats.
Has the meaning given in § 125.02(20m), Wis. Stats.
B.
Any person who procures lodging in a lodging establishment, and permits or fails to take action to prevent any of the following activities from occurring in the lodging establishment, is subject to the penalties provided in Subsection E:
C.
An owner or employee of a lodging establishment may deny lodging
to an adult if the owner or employee reasonably believes that consumption
of an alcohol beverage by an underaged person, not accompanied by
his or her parent, guardian or spouse, who has attained the legal
drinking age, or illegal use of a controlled substance may occur in
the area of the lodging establishment procured.
D.
An owner or employee of a lodging establishment may require a cash
deposit or use of a credit card at the time of application for lodging.
[Amended by Ord. No. 97-66]
A.
No person may possess or attempt to possess 25 grams or less of either
marijuana or a derivative of marijuana, as defined in § 961.01(14),
Wis. Stats., as amended from time to time, unless the person obtains
the substance or the derivative directly from, or pursuant to a valid
prescription or order of, a practitioner, who is acting in the course
of his or her professional practice, or unless the person is otherwise
authorized by Chapter 961, Wis. Stats., to possess the substance or
the derivative.[1]
B.
This section is adopted pursuant to § 66.0107(1)(bm), Wis.
Stats., and shall be enforced in a manner consistent with the guidelines
contained therein. Any person who violates this section is subject
to a forfeiture of not less than $10 nor more than $500, plus all
applicable court costs and assessments.
[Amended by Ord. No. 07-03]
A.
Intent. It is determined by the Common Council that the open display
and availability for sale of simulated controlled substances and instruments
used for inhaling or ingesting controlled substances in places of
business and within the schools of the City suggests and encourages
the illegal use of drugs and other controlled substances by the youth
of the City of Watertown. The Common Council finds that such availability
and display serves to entice young people and others to abuse substances
which are known to be harmful and unsafe for human consumption. The
Common Council further finds that to protect the health, safety and
general welfare of the youth and others of the City of Watertown,
it is necessary that the regulations herein provided be enacted.
B.
COCAINE SPOON
CONTROLLED SUBSTANCE
DRUG
(1)
(2)
(3)
(4)
DRUG PARAPHERNALIA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A spoon with a bowl so small that the primary use for which
it is reasonably adapted or designed is to hold or administer cocaine,
and which is so small as to be unsuited for the typical, lawful uses
of a spoon. A cocaine spoon may or may not be merchandised on a chain
and may or may not be labeled as a "cocaine" spoon or "coke" spoon.
Any drug, substance or immediate precursor enumerated in
Schedules I through V of the Uniform Controlled Substances Act found
in Ch. 961, Wis. Stats., and as such schedules may from time to time
be amended.
Substances recognized as drugs in the Official United States
Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States
or Official National Formulary, or any supplement to any of them.
Substances intended for use in the diagnosis, cure, medication,
treatment or prevention of disease in man or animals.
Substances, other than food, intended to affect the structure
of any function of the body of man or animals.
As adopted as set forth in § 961.571(1), Wis. Stats.,
and any subsequent amendments to § 961.571(1), Wis. Stats.
D.
Sale and display of instruments and simulated controlled substances
prohibited. It shall be unlawful for any person to sell, offer for
sale, display, furnish, supply, give away, deliver, possess with intent
to deliver, or manufacture with intent to deliver any cocaine spoon,
marijuana pipe, hashish pipe, simulated drugs or simulated controlled
substances, or any drug paraphernalia, under circumstances where he
knows or should reasonably know that it will be used to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale or otherwise introduce into the human body
a controlled substance or simulated controlled substance in violation
of this section or any state or federal law relating to any controlled
substance.
E.
Possession of instruments and simulated controlled substances prohibited.
It shall be unlawful for any person to use or possess with intent
to use any simulated drugs or simulated controlled substances or any
drug paraphernalia to plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test, analyze,
pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise
introduce into the human body a controlled substance or simulated
controlled substance in violation of this section or any state or
federal law relating to any controlled substances.
F.
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 primarily used to plant,
propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale or otherwise introduce into the human
body a controlled substance or controlled substance analog in violation
of this section.
G.
Enhanced penalty upon delivery or sale to a minor. Any person who is 17 years of age or older who violates Subsection F herein by delivering drug paraphernalia to a person 17 years of age or under, who was at least three years younger than the violator, shall be required to forfeit not less than $200 nor more than the maximum penalty allowed under § 1-4 of this Code, together with the costs of prosecution thereof.
H.
Exceptions. The prohibition of this section shall not apply to:
(1)
The display of any such items for educational or scientific purposes.
(2)
Manufacturers, wholesalers, pharmacists and practitioners engaged
in the normal, lawful course of their respective business or professions,
nor to a patient's possession of such materials pursuant to a valid
prescription or suffering from diabetes or any other medical condition
requiring self-injection, nor to warehousemen or their employees engaged
in the lawful transportation of simulated controlled substances or
instruments.
(3)
Public officers or employees while engaged in the performance of
their official duties.
I.
Seizure and forfeiture of instruments and simulated controlled substances.
All cocaine spoons, marijuana pipes, hashish pipes, simulated drugs
or simulated controlled substances or drug paraphernalia used or possessed
in violation of this section may be seized by any law enforcement
officer and shall be disposed of either by retention for official
use in educational or scientific displays or by destruction or disposition
according to law.
J.
Declaration of nuisance. Any violation of this section is hereby
declared to be a public nuisance. In addition to any other relief
provided in this chapter, the City Attorney may apply to a court of
competent jurisdiction for an injunction to prohibit the continuation
of any violation of this section. Such application for relief may
include, but is not limited to, seeking a temporary restraining order,
temporary injunction and permanent injunction.
[Added by Ord. No. 10-22; 7-16-2019 by Ord. No. 19-13]
A.
PERSON IN CHARGE
PROHIBITED PLACE
SMOKING
(1)
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The person, or his or her agent, who ultimately controls,
governs or directs the activities aboard a public conveyance or at
a location where smoking is prohibited or regulated under this section.
Any place or location in the City of Watertown as described
in § 101.123(2)(a), (d) and (e), Wis. Stats.
"Smoking" also includes using an electronic smoking device.
"Electronic smoking device" means an electronic device that can be
used to deliver an inhaled dose of nicotine or any other substance
intended for human consumption that may be used by a person to simulate
smoking through inhalation of vapor or aerosol from the product. It
includes any such device whether manufactured, distributed, marketed
or sold as an electronic cigarette, commonly known as e-cigarettes;
an electronic cigar; an electronic cigarillo; an electronic pipe;
an electronic hookah; vape pen; or any other product name or descriptor.
B.
No person may smoke in or at any prohibited place or location.
C.
A person in charge:
(1)
May not allow any person to smoke in or at any prohibited place or
location under the control or direction of the person in charge.
(2)
May not provide matches, ashtrays or other equipment where smoking
is prohibited.
(3)
Shall make reasonable efforts to prohibit persons from smoking at
a location where smoking is prohibited by doing all of the following:
(a)
Posting signs setting forth the prohibition and providing other
appropriate notification and information concerning the prohibition.
(b)
Refusing to serve a person if the person is smoking in a restaurant,
tavern or private club.
(c)
Asking a person who is smoking to refrain from smoking and,
if the person refuses to do so, asking the person to leave the location.
(4)
Shall immediately notify an appropriate law enforcement agency of
a violation if a person refuses to leave a place or location after
being requested to do so.
F.
All definitions and other provisions of § 101.123, Wis.
Stats., consistent with the foregoing, and as may be amended from
time to time, are hereby adopted by reference.
