Village of Denmark, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Denmark at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Alcohol beverages — See Ch. 105.
Animals — See Ch. 111.
Direct sellers — See Ch. 135.
Fireworks — See Ch. 151.
Nuisances — See Ch. 200.
Sex offenders — See Ch. 240.
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 Village, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture, assessment and costs imposed under § 1-4 of this Code. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this chapter.
A. 
General.
(1) 
Section 110.075(7), Motor vehicle inspection (producing/using inspection sticker fraudulently).
(2) 
Section 125.09(2), Possession of alcohol beverages on school grounds prohibited.
(3) 
Section 134.06, Bonus to chauffeurs for purchases, forbidden.
(4) 
Section 134.65, Cigarette and tobacco products retailer license.
(5) 
Section 134.66, Restrictions on sale or gift of cigarettes or nicotine or tobacco products.
(6) 
Section 167.10, Regulation of fireworks.
(7) 
Section 167.25, Refrigerators and iceboxes.
(8) 
Section 167.31, Safe use and transportation of firearms and bows.
(9) 
Section 167.35, Fire safety performance standards for cigarettes.
(10) 
Section 175.25, Storage of junked automobiles.
(11) 
Section 218.0145, Used cars/prohibited acts.
(12) 
Section 218.0146, Motor vehicles.
(13) 
Section 218.0147, Purchase or lease of motor vehicle by minor.
(14) 
Section 254.92, Purchase or possession of cigarettes or tobacco products by person under 18 prohibited.
(15) 
Section 285.30(2), Motor vehicle emissions limitations; inspections.
B. 
Chapter 939, Crimes – General Provisions.
(1) 
Section 939.05, Parties to crime.
(2) 
Section 939.22, Words and phrases defined.
(3) 
Section 939.32, Attempt.
C. 
Chapter 940, Crimes Against Life and Bodily Security.
(1) 
Section 940.19(1), Battery.
(2) 
Section 940.225(3m), (4), (5) and (6), Sexual assault (fourth degree).
(3) 
Section 940.34, Duty to aid victim or report crime.
(4) 
Section 940.42, Intimidation of witnesses.
(5) 
Section 940.44, Intimidation of victims.
D. 
Chapter 941, Crimes Against Public Health and Safety.
(1) 
Section 941.01, Negligent operation of vehicle.
(2) 
Section 941.10, Negligent handling of burning material.
(3) 
Section 941.12, Interfering with fire fighting.
(4) 
Section 941.13, False alarms.
(5) 
Section 941.20, Endangering safety by use of dangerous weapon.
(6) 
Section 941.23, Carrying concealed weapon.
(7) 
Section 941.231, Carrying a concealed knife.
(8) 
Section 941.235, Carrying firearm in public building.
(9) 
Section 941.237, Carrying handgun where alcohol beverages may be sold and consumed.
(10) 
Section 941.26, Machine guns and other weapons; use in certain cases.
(11) 
Section 941.2965, Restrictions on use of facsimile firearms.
(12) 
Section 941.299, Restrictions on the use of laser pointers.
(13) 
Section 941.315(2), Possession of nitrous oxide.
(14) 
Section 941.36, Fraudulent tapping of electric wires or gas or water meters or pipes.
(15) 
Section 941.37, Obstructing emergency or rescue personnel.
E. 
Chapter 942, Crimes Against Reputation, Privacy and Civil Liberties.
(1) 
Section 942.01, Defamation.
(2) 
Section 942.03, Giving false information for publication.
(3) 
Section 942.05, Opening letters.
(4) 
Section 942.06, Use of polygraphs and similar tests.
(5) 
Section 942.08, Invasion of privacy.
(6) 
Section 942.09(1), (3m) and (5), Representations depicting nudity.
(7) 
Section 942.10, Use of a drone.
F. 
Chapter 943, Crimes Against Property.
(1) 
Section 943.01(1), Damage to property (less than $200).
(2) 
Section 943.012, Criminal damage to or graffiti on religious and other property.
(3) 
Section 943.017, Graffiti.
(4) 
Section 943.07, Criminal damage to railroads.
(5) 
Section 943.11, Entry into locked vehicle.
(6) 
Section 943.125, Entry into locked coin box.
(7) 
Section 943.13, Trespass to land.
(8) 
Section 943.14, Criminal trespass to dwellings.
(9) 
Section 943.145, Criminal trespass to a medical facility.
(10) 
Section 943.15, Entry onto a construction site or into a locked building, dwelling or room.
(11) 
Section 943.20, Theft.
(12) 
Section 943.21, Fraud on hotel or restaurant keeper, recreational attraction, taxicab operator, or gas station.
(13) 
Section 943.22, Use of cheating tokens.
(14) 
Section 943.225, Refusal to pay for a motor bus ride.
(15) 
Section 943.23, Operating vehicle without owner's consent.
(16) 
Section 943.24, Issue of worthless check.
(17) 
Section 943.34, Receiving stolen property.
(18) 
Section 943.37, Alteration of property identification marks.
(19) 
Section 943.38(3), Forgery.
(20) 
Section 943.41(2), (3)(a) to (d), (4)(b), (5) and (6)(a), (b) and (d), Financial transaction card crimes.
(21) 
Section 943.45, Theft of telecommunications service.
(22) 
Section 943.455, Theft of commercial mobile service.
(23) 
Section 943.46, Theft of video service.
(24) 
Section 943.47, Theft of satellite cable programming.
(25) 
Section 943.50, Retail theft; theft of services.
(26) 
Section 943.55, Removal of shopping cart.
(27) 
Section 943.61, Theft of library material.
(28) 
Section 943.70, Computer crimes.
G. 
Chapter 944, Crimes Against Sexual Morality.
(1) 
Section 944.15, Public fornication.
(2) 
Section 944.17, Sexual gratification.
(3) 
Section 944.20, Lewd and lascivious behavior.
(4) 
Section 944.21(1), (2), (3), (4) and (6), Obscene material or performance.
(5) 
Section 944.23, Making lewd, obscene or indecent drawings.
(6) 
Section 944.25, Sending obscene or sexually explicit electronic messages.
(7) 
Section 944.30, Prostitution.
(8) 
Section 944.31, Patronizing prostitutes.
(9) 
Section 944.33, Pandering.
(10) 
Section 944.34, Keeping place of prostitution.
(11) 
Section 944.36, Solicitation of drinks prohibited.
H. 
Chapter 945, Gambling.
(1) 
Section 945.02, Gambling.
(2) 
Section 945.03, Commercial gambling.
(3) 
Section 945.04, Permitting premises to be used for commercial gambling.
I. 
Chapter 946, Crimes Against Government and Its Administration.
(1) 
Section 946.40, Refusing to aid officer.
(2) 
Section 946.41, Resisting or obstructing officer.
(3) 
Section 946.42, Escape.
(4) 
Section 946.44, Assisting or permitting escape.
(5) 
Section 946.65, Obstructing justice.
(6) 
Section 946.66, False complaints of police misconduct.
(7) 
Section 946.67, Compounding crime.
(8) 
Section 946.69, Falsely assuming to act as a public officer or employee or a utility employee.
(9) 
Section 946.70, Impersonating peace officers, fire fighters, or other emergency personnel.
(10) 
Section 946.72, Tampering with public records and notices.
J. 
Chapter 947, Crimes Against Public Peace, Order and Other Interests.
(1) 
Section 947.01, Disorderly conduct.
(2) 
Section 947.011(1), (2) and (3)(a), Disrupting a funeral or memorial service.
(3) 
Section 947.012, Unlawful use of telephone.
(4) 
Section 947.0125, Unlawful use of computerized communication systems.
(5) 
Section 947.013, Harassment.
(6) 
Section 947.015, Bomb scares.
(7) 
Section 947.02(3) and (4), Vagrancy.
(8) 
Section 947.04, Drinking in common carriers.
(9) 
Section 947.06, Unlawful assemblies and their suppression.
(10) 
Section 947.07, Causing violence or breach of the peace by damaging or destroying a U.S. flag.
K. 
Chapter 948, Crimes Against Children.
(1) 
Section 948.015, Other offenses against children.
(2) 
Section 948.10, Exposing genitals, pubic area, or intimate parts.
(3) 
Section 948.11, Exposing a child to harmful material or harmful descriptions or narrations.
(4) 
Section 948.12, Possession of child pornography.
(5) 
Section 948.21, Neglecting a child.
(6) 
Section 948.40, Contributing to the delinquency of a child.
(7) 
Section 948.45, Contributing to truancy.
(8) 
Section 948.51, Hazing.
(9) 
Section 948.55, Leaving or storing a loaded firearm within the reach or easy access of a child.
(10) 
Section 948.60, Possession of a dangerous weapon by a person under 18 (minor must appear).
(11) 
Section 948.61, Dangerous weapons other than firearms on school premises (minor must appear) (adult must appear).
(12) 
Section 948.63, Receiving property from a child.
L. 
Chapter 951, Crimes Against Animals (all chapter violations).
(1) 
Section 951.095, Harassment of police and fire animals.
M. 
Chapter 961, Uniform Controlled Substances Act.
(1) 
Section 961.41(3g)(e), Possession of marijuana.
(2) 
Section 961.573(1), Possession of drug paraphernalia.
(3) 
Section 961.574(1), Manufacture or delivery of drug paraphernalia.
(4) 
Section 961.575(1), Delivery of drug paraphernalia to a minor.
A. 
Definitions. For the purpose of this section, certain words and phrases shall be defined as follows:
(1) 
A rifle of any caliber, shotgun of any gauge, pistol, or revolver of any caliber.
(2) 
A weapon which expels a missile by the explosive force of gunpowder or by release of compressed air or gases.
B. 
Restrictions.
(1) 
No person, except a duly authorized law enforcement officer in the line of duty, shall discharge any firearm or other regulated weapon in the Village of Denmark unless for the purpose of security, defense, hunting, or other lawful purpose consistent with the provisions of this chapter.
(2) 
Lawful discharge of firearms or weapons for hunting or recreation shall occur only on those lands designated for such use.
(3) 
Lawful discharge of firearms for hunting shall not occur within 100 yards of a building devoted to human occupancy. Lawful discharge of weapons for hunting shall not occur within 100 yards of a building devoted to human occupancy unless the owner of the land on which the building is located allows hunting with a weapon within 100 yards of the building.
(4) 
Persons discharging a bow and arrow or crossbow shall discharge the weapon toward the ground from an elevated position only on those lands designated for such use.
(5) 
No child under the age of 18 shall bear any firearm or other weapon in the Village of Denmark, except under the circumstances set forth in § 948.60(3), Wis. Stats. Any parent or guardian of a child under the age of 18 who, knowingly or by negligent supervision, permits a violation of this subsection by his child or ward is also in violation of this subsection, except as spelled out in Wisconsin Department of Natural Resources regulations where the child has completed a hunter's safety course.
(6) 
Section 167.31, Wis. Stats., and any future amendments thereto are hereby adopted and incorporated as if fully set forth herein. If there are any conflicts between the definitions set forth in this section and § 167.31(1), Wis. Stats., the definitions provided in § 167.31(1), Wis. Stats., shall control with regard to interpreting this section; provided, however, that a definition in this section that is more restrictive or more encompassing than the definitions in § 167.31(1), Wis. Stats., shall not be considered to be conflicting.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FIREARM
A weapon that acts by force of gunpowder.
LAW ENFORCEMENT
Any person employed by the State of Wisconsin or any political subdivision of this state for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce.
WEAPON
A handgun, an electric weapon as defined at § 941.295, Wis. Stats., a knife other than a switchblade, or a billy club.
B. 
In addition to the provisions of § 175.60, Wis. Stats., enumerating places where the carrying of a weapon or a firearm is prohibited, including exceptions thereto, it shall be unlawful for any person other than a law enforcement officer to enter the following municipal buildings while carrying a weapon or a firearm:
(1) 
Village Hall.
(2) 
Wastewater treatment plant and garage.
(3) 
Memorial Park scoring and storage booths and pool house.
(4) 
Highridge Diamond scoring and storage booth.
(5) 
Water tower/Hershman Avenue.
(6) 
496 Grand Avenue.
(7) 
500 Jorgensen Street.
(8) 
Lift station/Schlies Lane.
(9) 
Trailshead shelter, 205 West Pine Street.
(10) 
Boy Scout building/Memorial Park.
C. 
Signs meeting the requirements of § 943.13(2)(bm)1, Wis. Stats., shall be posted in prominent places near all entrances of such buildings regarding such restrictions.
D. 
Any person who enters or remains in any aforementioned Village building contrary to such signage shall be considered a trespasser subject to penalty as prescribed under § 213-20 of this chapter.
No person shall carry or cause to be discharged any air gun, BB gun, pellet gun, gas-operated gun, slingshot or similar dangerous missile in any prohibited area within the Village nor throw any object, arrow, stone, snowball, or other missile or projectile, by hand or by any other means, at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground, or other public place within the Village.
No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Village 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.
A. 
General. No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb a person of ordinary sensibilities in the vicinity thereof in or about any public street, alley, park, waterway or any private residence unless the making and the continuing of the same cannot be prevented and is necessary for the protection and preservation of the health, safety, life or limb of some person.
B. 
Stationary amplified noise limits.
(1) 
Construction noise. Construction equipment in any zone may be operated between the hours of 7:00 a.m. and 9:00 p.m. (unless as noted above) at the discretion of the Village Police Department.
(2) 
Noise originating in residential districts. Allowed between the hours of 6:00 a.m. and 10:00 p.m. seven days a week. Any person found in violation of this subsection shall be ordered to reduce the sound to acceptable levels immediately by the responding police officer or he will be cited for disturbing the peace.
(3) 
Noise originating in commercial/industrial districts. Allowed between the hours of 6:00 a.m. and 10:00 p.m. Sunday through Thursday and between the hours of 6:00 a.m. and 12:00 midnight Fridays and Saturdays. Any person or business found in violation of this subsection shall be ordered to reduce the sound to acceptable levels immediately by the responding police officer or he or it will be cited for disturbing the peace.
(4) 
Operation of certain equipment. Lawn mowers, chain saws, powered garden equipment, electric insect killing/repelling devices and other nonconstruction maintenance equipment shall be operated only during the hours of 7:00 a.m. to 9:00 p.m.
C. 
Operation of motor vehicles. It shall be a violation of this section for a person to operate a motor vehicle so as to cause the tires thereof to squeal, the horn to blow excessively or the motor to race excessively.
A. 
Loitering or prowling. No person shall loiter or prowl 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 police or peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances make it impracticable, a police or peace 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 him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the police and peace officer at the time, would have dispelled the alarm.
B. 
Obstruction of highway by loitering. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.
C. 
Obstruction of traffic by loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alleys, sidewalks, street crossings, or bridges or in any other public places within the Village in such manner as to prevent, interfere with, or obstruct the ordinary free use of said public streets, sidewalks, streets, street crossings, and bridges or other public places by persons passing along and over the same.
D. 
Loitering after being requested to move. No person shall loaf or loiter in groups or crowds upon the public streets, sidewalks, or adjacent doorways of entrances, street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant, after being requested to move by any police officer or by any person in authority at such places.
E. 
Loitering in public places. No person shall loiter, lounge or loaf in or about any depot, theater, dance hall, restaurant, store, public sidewalk, public parking lot, or other place of assembly or public use after being requested to move by any police officer, proprietor of the place of business, or by any person in authority at such place. Upon being requested to move, a person must immediately comply with such request by leaving the premises or area thereof at the time of the request.
F. 
Loitering in school and playground area prohibited. No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand or play in or on any school property within the Village between 7:00 a.m. and 10:00 p.m. on official school days.
A. 
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 in an enclosure which houses such property from public view, or upon permit issued by the Village Board.
B. 
The 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.
See Chapter 200, Nuisances, § 200-7, Littering.
No person shall operate any machine or equipment which causes interference with radio or television reception, when such interference can be prevented by repairs, adjustments, the installation of corrective appliances or other practicable alterations, at a reasonable expense.
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 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 icebox, 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 icebox, 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.
A. 
Purpose. The primary purpose of this section is to prevent the misuse of the emergency 911 number. Further, it is meant to encourage parents or the legal guardian of a minor to maintain control over the actions of the minor and prevent the misuse of the 911 emergency number.
B. 
Misuse. The intentional calling of the 911 emergency number and knowingly giving a false report, or no report, or as a prank when no emergency exists and no valid request is made for emergency services, shall constitute misuse of the 911 emergency number.
C. 
General provisions.
(1) 
It shall be a violation of this section for anyone to intentionally call the 911 emergency number to knowingly give false information or no information or as a prank, or when no valid request for emergency services exists.
(a) 
It shall also be a violation to knowingly encourage, aid or permit another to make a call as defined above.
(b) 
It shall also be a violation of this section for anyone to hook up his alarm system to the 911 number.
(c) 
Each call shall be considered a separate violation.
(2) 
A parent or legal guardian of a minor may be found liable for any injury or damage which may result from the misuse of the 911 number and penalties may be imposed under § 895.035, Wis. Stats.
(3) 
This section does not attempt to restrict emergency calls but only to prevent the misuse of the 911 number.
(4) 
Parents or legal guardians may be held liable for the acts of minors subject to the above penalties, if they know or should have known that the absence of control of their minor may or could result in the misuse of 911.
Section 101.123, Smoking prohibited, of the Wisconsin Statutes is adopted by reference and incorporated herein.
A. 
Legislative purpose. The Denmark Board has determined that there has been an increase in juvenile violence, juvenile gang activity and crime by persons under the age of 17 in the Village and persons under the age of 17 are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of other perpetrators of crime. The Village of Denmark has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over the responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities, and a nighttime curfew for those under the age of 17 will be in the interest of the public health, safety, and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of the Village.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CURFEW HOURS
From 10:00 p.m. until 6:00 a.m. the following day, each day of the week.
EMERGENCY
An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury (defined below) or loss of life.
ESTABLISHMENT
Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
(1) 
A person who, under court order, is the guardian of the person or a minor; or
(2) 
A public or private agency with which a minor has been placed by the court.
MINOR
Any person under 16 years of age.
OPERATOR
Any individual, firm, association, partnership, or corporation managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT
A person who is:
(1) 
A natural parent, adoptive parent, or step-parent to another person; or
(2) 
At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
(1) 
Linger or stay; or
(2) 
Failure to leave when requested to do so by a law enforcement officer of the owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY
Any bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
VILLAGE
The Village of Denmark, Wisconsin.
C. 
Offenses.
(1) 
A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the Village during curfew hours.
(2) 
A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the Village during curfew hours.
(3) 
The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
D. 
The curfew shall not apply to children returning home from municipal, religious or school activities or children returning home from or traveling to employment.
E. 
Enforcement. Before taking any enforcement action under this section, a law enforcement officer shall ask the offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection D is present.
A. 
Purpose and intent. It is the purpose of this section to discourage children of compulsory school age from unauthorized absences and to impose penalties upon those students and also upon their parents or legal guardians. It is the intent of this section to promote the development and welfare of these children by discouraging unauthorized absenteeism and encouraging school attendance. The Board hereby finds that daytime absence constitutes an increased risk to public safety, health and welfare of the citizens of the Village.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
RESPONSIBLE ADULT
A person 18 years of age or older who has the mental competency to fulfill the duty of protecting and caring for the general welfare of a child and who has a written authorization from that child's parent or legal guardian designating the person as a responsible adult, naming the child involved and designating the time period during which the responsible adult shall have control of the child.
SUBJECT TO COMPULSORY SCHOOL ATTENDANCE
Includes any child subject to mandatory school attendance under Wisconsin law in the school district of his or her residence, or any child found in the Village who would be subject to mandatory attendance if the child were a resident of the Village.
C. 
Offenses.
(1) 
No child subject to compulsory school attendance shall be at any place within the Village of Denmark, except in attendance at school or at the student's place of residence, during the hours when that student is required to be in attendance at either a public or private school as required by law, unless that child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the student is accompanied by a parent, legal guardian or responsible adult selected by the parent or legal guardian who supervises the student.
(2) 
Parental violation. Each parent or legal guardian of a student subject to the provisions of this section shall have the duty to prevent that student from violating the provisions of this section, and each failure by that parent or guardian to do so is a separate offense
D. 
Affirmative defenses.
(1) 
It shall be an affirmative defense to Subsection C(1) and (2) that the student, at the time of the alleged violation, was not required by law to be in attendance at the school attended by the student.
(2) 
It shall be an affirmative defense to Subsection C(2) that the parent or legal guardian is the petitioner in a currently pending juvenile court proceeding involving the student or such proceeding in which the judge has retained ongoing supervision or jurisdiction.
(3) 
It shall be an affirmative defense to Subsection C(1) and (2) that at the time of the alleged violation the student was employed pursuant to a school-sponsored program or was the recipient of a work permit issued by school authorities and the student was actually on the job or traveling to or from the job site or program location.
(4) 
Any party claiming an affirmative defense hereunder shall have the duty to prove the same to the same standard of proof required of the plaintiff in prosecuting the action.
E. 
Warning. The first time a child is detained by law enforcement officers for violation of this section, the parent, guardian, or person having legal custody may be advised as to the provisions of this section. Any violation of this section occurring thereafter by said child and parent, guardian, or person having legal custody shall result in a penalty being imposed as provided in Subsection F.
(Suggested Warning Format)
Name:
The above-named juvenile was found in violation of the Village of Denmark (or Brown County) Daytime Curfew Ordinance. As parents or guardians responsible for such conduct and the welfare of this juvenile, you are hereby served this curfew violation notice setting forth the manner in which the law has been violated.
The Village of Denmark (or Brown County) Daytime Ordinance states:
No child subject to compulsory school attendance shall be at any place within the Village of Denmark (or Brown County), except in attendance at school or at the student's place of residence, during the hours when that student is required to be in attendance at either a public or private school as required by law, unless that child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the student is accompanied by a parent, legal guardian or responsible adult selected by the parent or legal guardian who supervises the student.
F. 
Violations and penalties. Any parent or legal guardian who knowingly permits such child to again violate the provisions of this section shall be fined no more than $500 for each offense. If a child knowingly violates the provisions of this section, the child shall be fined no more than $500 for each violation.
It shall be unlawful for any owner, tenant, or person in control of a residence or other facility to allow a child under the age of 18 to loiter, idle, or remain in said residence or upon said property without the consent of the child's parent, guardian, or spouse.
A. 
Definitions. For purposes of this section, the following terms shall have the following meanings:
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part or all of five or more days in which school is held during a semester.
TRUANCY
Any absence for part or all of one or more days from school during which the school attendance officer, principal or teacher has not been notified of a legal excuse for such absence by the parent or the legal guardian of the absent pupil.
TRUANT
A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., as from time to time may be amended, for all or part of any day on which school is held during a semester.
B. 
Disposition of truancy and habitual truancy violations.
(1) 
Any pupil under the age of 18 years of age found by the court to be a truant shall be subject to one or more of the following:
(a) 
An order for the pupil to attend school.
(b) 
Subject to § 938.37, Wis. Stats., a forfeiture of not more than $50 plus costs for a first violation or a forfeiture of not more than $100 plus costs for any second or subsequent violation committed within 12 months of a previous violation up to a cumulative maximum of not more than $500 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the pupil, the pupil's parent(s) or guardian(s), or both.
(2) 
Any pupil under the age of 18 years of age found by the court to be a habitual truant shall be subject to one or more of the following:
(a) 
Suspension of the person's operating privilege for not less than 30 days nor more than one year. The court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the Department of Transportation a notice stating the reason for and the duration of the suspension.
(b) 
An order for the pupil to participate in counseling, a supervised work program, or other community service as described in § 938.34(5g), Wis. Stats. The costs of any such counseling, supervised work program, or other community service work may be assessed against the pupil, the parent(s) or guardian(s) of the pupil, or both.
(c) 
An order for the pupil to remain at home except during the hours in which the pupil is to attending religious worship or a school program, including travel time required to get to and from the place of worship or school program (the order may permit the pupil to leave his/her home if the pupil is accompanied by a parent of guardian).
(d) 
An order for the pupil to attend an educational program as described in § 938.34(7d), Wis. Stats.
(e) 
An order for the pupil to attend school.
(f) 
Subject to § 938.37, Wis. Stats., a forfeiture of not more than $500 plus costs for each occurrence. All or part of the forfeiture plus costs may be assessed against the pupil, the parent(s) or guardian(s) of the pupil, or both.
(g) 
Any other reasonable conditions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.
(h) 
An order placing the pupil under formal or informal supervision as described in § 938.34(2), Wis. Stats., for up to one year.
(i) 
An order for the pupil'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 the school with the pupil, or both.
C. 
Contributing to truancy.
(1) 
Except as provided in Subsection C(2) below, any person 17 years of age or older who, by act or omission, knowingly encourages or contributes to the truancy of a pupil shall be subject to a forfeiture of not more than $200 plus costs and upon default of the payment of the forfeiture and the costs of the prosecution shall be imprisoned in the county jail until said forfeiture and costs are paid, but not to exceed 90 days.
(2) 
Subsection C(1) does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.
(3) 
An act or omission contributes to the truancy of a pupil, whether or not the pupil is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the pupil to be truant.
[Amended 11-5-2018 by Ord. No. 2018-07; 12-2-2019 by Ord. No. 2019-10]
A. 
Definitions. The terms used herein shall be defined as follows:
CIGARETTE
The meaning given in § 139.30(1m), Wis. Stats.
DIRECT MARKETER
The meaning given in § 139.30(2n), Wis. Stats.
DISTRIBUTOR
The meaning given in § 134.66(1)(b), Wis. Stats.
IDENTIFICATION CARD
The meaning given in § 134.66(1)(c), Wis. Stats.
JOBBER
The meaning given in § 139.30(6).
LAW ENFORCEMENT OFFICER
The meaning given in § 165.85(2)(c), Wis. Stats.
MANUFACTURER
The meaning given in § 134.66(1)(e), Wis. Stats.
MOIST SNUFF
The meaning given in § 139.75(d), Wis. Stats.
NICOTINE PRODUCT
The meaning given in § 134.66(f), Wis. Stats.
RETAILER
Any person licensed under § 134.65(1), Wis. Stats., and any person that sells, exposes for sale, possesses with intent to sell, exchanges, barters, disposes of, or gives away any vapor products to any person not holding a license under § 134.65(1), Wis. Stats., § 139.30 to § 139.41, Wis. Stats., or § 139.79, Wis. Stats.
SCHOOL
The meaning given in § 118.257(1)(d), Wis. Stats.
STAMP
The meaning given in § 139.30(13), Wis. Stats.
SUBJOBBER
The meaning given in § 139.75(11), Wis. Stats.
TOBACCO PRODUCTS
The meaning given in § 139.75(12), Wis. Stats.
USE
The exercise of any right or power incidental to the ownership of nicotine products, tobacco products or vapor products.
VAPOR PRODUCT
A noncombustible product that produces vapor or aerosol for inhalation from the application of a heating element, regardless of whether the liquid or other substance contains nicotine. Vapor product includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device for the purpose of simulating smoking.
VENDING MACHINE
The meaning given in § 139.30(14), Wis. Stats.
VENDING MACHINE OPERATOR
The meaning given in § 139.30(15), Wis. Stats.
B. 
Restrictions on sale or gift of cigarettes, nicotine products, tobacco products or vapor products.
(1) 
No retailer, direct marketer, manufacturer, distributor, jobber or subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may sell or provide for nominal or no consideration cigarettes, nicotine products, tobacco products, or vaping products to any person under the age of 18, except as provided in § 213-19(C)(2)(a) below. A vending machine operator is not liable under this section for the purchase of cigarettes, nicotine products, tobacco products, or vaping 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) 
No retailer, direct marketer, manufacturer, distributor, jobber, subjobber, no agent, employee or independent contractor of a retailer, direct marketer, manufacturer, distributor, jobber or subjobber and no agent or employee of an independent contractor may provide for nominal or no consideration cigarettes, nicotine products, tobacco products, or vapor products to any person except in a place where no person younger than 18 years of age is present or permitted to enter unless the person who is younger than 18 years of age is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.
(3) 
A retailer shall post a sign in areas within his or her premises where cigarettes, nicotine products, tobacco products or vapor products are sold to consumers stating that the sale of any cigarette, nicotine product, tobacco product, or vapor product to a person under the age of 18 is unlawful under this section and/or §§ 134.66 and 254.92, Wis. Stats.
(4) 
A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette, nicotine product, tobacco product, or vapor product by a person under the age of 18 is unlawful under this section and/or § 254.92, Wis. Stats. and that the purchaser is subject to a forfeiture of not to exceed $50.
(5) 
A retailer or vending machine operator may not sell cigarettes, nicotine products, tobacco products, or vapor products from a vending machine unless the vending machine is located in a place where the retailer or vending machine operator ensure that no person younger than 18 years of age is present or permitted to enter unless he or she is accompanied by his or her parent or guardian or by his or her spouse who has attained the age of 18 years.
(6) 
Notwithstanding § 213-19B(5) above, no retailer may place a vending machine within 500 feet of a school.
(7) 
No retailer or direct marketer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under § 139.32(1), Wis. Stats.
(8) 
Defense; sale to minor. Proof of all of the following facts by a retailer, manufacturer, distributor, jobber, or subjobber, an agent, employee, or independent contractor of a retailer, manufacturer, distributor, jobber, or subjobber, or an agent or employee of an independent contractor who sells cigarettes, nicotine products, tobacco products, or vaping products to a person under the age of 18 is a defense to any prosecution for a violation of § 213-19(B)(1) above:
(a) 
That the purchaser falsely represented that he or she had attained the age of 18 and presented an identification card.
(b) 
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.
(c) 
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.
(9) 
This section is adopted pursuant to § 134.66, Wis. Stats.
C. 
Purchase or possession of cigarettes, nicotine products, tobacco products, or vapor products by persons under 18 prohibited.
(1) 
No person under 18 years of age may falsely represent his or her age for the purpose of receiving any cigarette, nicotine product, tobacco product, or vapor product.
(2) 
No person under 18 years of age may purchase, attempt to purchase, or possess any cigarette, nicotine product, tobacco product, or vapor product except as follows:
(a) 
A person under 18 years of age may purchase or possess cigarettes, nicotine products, tobacco products, or vapor products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer.
(b) 
A person under 18 years of age, but not under 15 years of age, may purchase, attempt to purchase or possess cigarettes, nicotine products, tobacco products, or vapor products in the course of his or her participation in an investigation under § 254.916, Wis. Stats. that is conducted in accordance with § 254.916(3), Wis. Stats.
(3) 
No person may purchase cigarettes, nicotine products, tobacco products, or vapor products on behalf of, or to provide to, any person who is under 18 years of age.
(4) 
A law enforcement officer shall seize any cigarette, nicotine product, tobacco product, or vapor products that has been sold to and is in possession of a person under 18 years of age.
(5) 
This section is adopted pursuant to § 254.92, Wis. Stats.
D. 
Smoking use or possession on school property prohibited.
(1) 
No person may smoke or use a cigarette, nicotine product, tobacco product, or vapor product on any school property owned by any school district in the Village.
(2) 
No person enrolled in school in the Village, regardless of age, may possess or attempt to possess a cigarette, nicotine product, tobacco product, or vapor product while on school property.
E. 
Careless use prohibited. Any person who, by smoking, attempting to light, or using cigarettes, nicotine products, tobacco products, or vapor products in any manner, shall, in a careless, reckless or negligent manner, set fire to any bedding, furniture, curtains, drapes, house or any household fittings, or any part of a building, so as to endanger life or property in any way or to any extent, shall be guilty of violating this section.
A. 
Penalty. Any person who violates, or knowingly allows or permits any violation of, any provision of this chapter shall be subject, where no other penalty is provided, to a forfeiture of not less than $25 and not more than $2,500 per violation. Failure or refusal to pay the forfeiture may result in imprisonment for a period of not more than 90 days for each offense. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues.
B. 
Enforcement. Enforcement of this chapter shall be the responsibility of the Village Board or its designee and/or the Police Department.
A. 
The Municipal Court of the Village of Denmark, Brown County, Wisconsin, shall have all authority and jurisdiction vested in municipal courts by Ch. 48, Wis. Stats., that chapter being titled "Children's Code," as adopted by the Wisconsin Legislature in its 1977-1978 session, and any and all subsequent amendments thereto.
B. 
The Municipal Court of the Village of Denmark shall have full power and authority to levy any and all penalties for violation of municipal ordinances by juveniles as said penalties are authorized by Ch. 48, Wis. Stats., titled "Children's Code," as enacted by the Wisconsin Legislature in its 1977-1978 session, and any and all subsequent amendments thereto.