[HISTORY: Adopted by the City Council of the City of South
Milwaukee. Amendments noted where applicable.]
[Amended 4-21-1998 by Ord. No. 1705; 9-6-2011 by Ord. No. 2027; 12-6-2016 by Ord. No. 2136]
A.
Definitions. For the purpose of this section, the definitions of
words and phrases contained in Ch. 961 and in Chs. 939 to 947 and
§ 990.01, Wis. Stats., are hereby adopted and by reference
made a part hereof with the same force and effect as if fully set
forth herein.
C.
State laws adopted. The following state statutes which follow the
prefix 24 defining offenses against the peace and good order of the
state are adopted by reference and incorporated herein to define terms
and offenses against the peace and good order of the City of South
Milwaukee.
All definitions in Chapter 939 and within the chapters where
the below offenses are listed which may be applicable:
[Amended 4-21-1998 by Ord. No. 1705]
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24.12.03
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Election Day Campaigning Restricted
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24.120.13(35)
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Unauthorized Presence on School Grounds
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24.167.10
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Fireworks Regulated
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24.167.25
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Refrigerators and Iceboxes
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24.940.19(1)
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Battery
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24.941.01
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Negligent Operation of Vehicle
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24.941.10
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Negligent Handling of Burning Material
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24.941.12(2)(3)
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Interfering with Firefighting
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24.941.13
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False Alarms
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24.941.20
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Endangering Safety by Use of a Dangerous Weapon
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24.941.23
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Carrying Concealed Weapon (Excluding Firearms)
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24.943.01(1)
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Criminal Damage to Property
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24.943.017(1)
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Graffiti
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24.943.11
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Entry Into Locked Vehicle
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24.943.125
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Entry Into Locked Coin Box
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24.943.13(b)
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Criminal Trespass to Land
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24.943.14
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Criminal Trespass to Dwellings
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24.943.20
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Theft (Under $500)
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24.943.201
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Identity Theft
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24.943.21
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Fraud on Hotel or Restaurant Keeper
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24.943.23
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Operating vehicle without owners' consent
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24.943.24
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Issue of Worthless Check (Under $500)
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24.943.34
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Receiving Stolen Property (Under $500)
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24.943.38
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Forgery
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24.943.50
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Retail Theft (Under $500)
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24.943.55
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Removal of Shopping Cart
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24.943.61
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Theft of Library Material (Under $500)
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24.944.17
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Sexual Gratification
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24.944.20
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Lewd & Lascivious Behavior
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24.944.30
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Prostitution
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24.944.31
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Patronizing Prostitutes
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24.944.32
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Soliciting Prostitutes
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24.944.33
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Pandering
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24.944.36
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Solicitation of Drinks Prohibited
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24.945.02
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Gambling
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24.946.40
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Refusing to Aid Officer
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24.946.41
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Resisting or Obstructing Officer
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24.946.415
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Failure to Comply With Officer's Attempt to Take Person
Into Custody
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24.947.01
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Disorderly Conduct
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24.947.012
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Unlawful Use of Telephone
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24.947.0125
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Unlawful Use of Computerized Communication Systems
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24.947.047
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Metal or Glass Debris in or on the Shore of Any Body of Water
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24.947.06
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Unlawful Assemblies and Their Suppression
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24.948.40
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Contributing to the Delinquency of Children
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24.951.02
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Mistreating Animals
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24.961.573
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Possession of Drug Paraphernalia
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D.
Marijuana.
(1)
It shall be unlawful for any person to possess marijuana except as
permitted under Wis. Stats., § 961.41(3g).
(2)
No citation shall be issued alleging a violation of Subsection D(1) hereof if a criminal complaint is issued regarding the same allegation of possession which is the subject of the complaint or where the subject has a prior conviction in Wisconsin for possession of marijuana unless the criminal charge is dismissed or the district attorney has declined to prosecute.
(3)
It shall be unlawful for any person to possess a controlled substance
specified in Wis. Stats., § 961.14(4)(tb) to (ty).
(4)
No citation shall be issued alleging a violation of Subsection D(3) hereof if a criminal complaint issued regarding the same allegation of possession which is the subject of the complaint of where the subject has a prior conviction in Wisconsin for possession of a controlled substance unless the criminal charge is dismissed or the district attorney has declined to prosecute.
(5)
Penalty. Any person violating this ordinance shall be subject to
a forfeiture of not less than $100 nor more than $500, exclusive of
costs.
E.
Drug paraphernalia.
[Added 9-19-2017 by Ord.
No. 2155]
(1)
CAUSE TO BELIEVE AN ITEM IS DRUG PARAPHERNALIA
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
COCAINE DRUG PARAPHERNALIA
COCAINE SPOON
CONTROLLED SUBSTANCE
DRUG
(a)
(b)
(c)
(d)
DRUG PARAPHERNALIA
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
[10]
[11]
[12]
[13]
MARIJUANA DRUG PARAPHERNALIA
(a)
[1]
[2]
[3]
[4]
[5]
[6]
[7]
[8]
[9]
[10]
[11]
[12]
MARIJUANA OR HASHISH PIPE
OPIATE DRUG PARAPHERNALIA
Definitions. As used in this section:
Statements by an owner, or by anyone in control of the object,
concerning its use;
Prior convictions, if any, of an owner or of anyone in control
of the object, under any state or federal law relating to any controlled
substance;
The proximity of the object, in time and space, to a direct
violation of this act, or any state or federal law relating to any
controlled substance;
The proximity of the object to controlled substances;
The existence of any residue of controlled substances on the
object;
Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to persons whom
he knows intend to use the object to facilitate a violation of this
act, or any state or federal law relating to any controlled substance;
the innocence of any owner, or of anyone in control of the object,
as to a direct violation in such act or law, shall not prevent a finding
that the object is intended for use, or designed for use, as drug
paraphernalia;
Instructions, oral or written, provided with the object concerning
its use;
Descriptive materials accompanying the object which explain
or depict its use;
The existence and scope of legitimate uses for the object in
the community;
Expert testimony concerning its "use."
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.
Any drug, substance or immediate precursor, enumerated in
Schedules I through V of the Uniform Controlled Substances Act found
in Chapter 961 of the Wisconsin Statutes, 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 supplementary 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.
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 chapter. It includes but is not limited to:
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.
Kits used, intended for use or designed for use in manufacturing,
selling, distributing, delivering, compounding, converting, producing,
processing or preparing controlled substances.
Isomerization devices used, intended for use or designed for
use in increasing the potency of any species of plant which is a controlled
substance.
Testing equipment used, intended for use or designed for use
in identifying or in analyzing the strength, effectiveness or purity
of controlled substances.
Scales and balances used, intended for use or designed for use
in weighing or measuring controlled substances.
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, intended for use or designed
for use in cutting controlled substances.
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.
Blenders, bowls, containers, spoons and mixing devices used,
intended for use or designed for use in packaging small quantities
of controlled substances.
Capsules, balloons, envelopes, corners cut from plastic bags
or other containers used, intended for use or designed for use in
packaging small quantities of controlled substances.
Containers and other objects used, intended for use or designed
for use in storing or concealing controlled substances.
Hypodermic syringes, needles or other objects used, intended
for use or designed for use in parenterally injecting controlled substances
into the human body.
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:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes,
with or without screens, permanent screens, hashish heads or punctured
metal bowls.
Water pipes.
Carburetion tubes and devices.
Smoking and carburetion masks.
Roach clips, meaning 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.
Miniature cocaine spoons and cocaine vials.
Chamber pipes.
Carburetor pipes.
Electric pipes.
Air-driven pipes.
Chillums.
Bongs.
Ice pipes or chillers.
Objects intended for use, or designed for use, in ingesting,
inhaling or otherwise introducing marijuana, hashish or hashish oil
into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes,
with or without screens, permanent screens, hashish heads or punctured
metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips, meaning 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;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers.
A pipe characterized by a bowl which is so small that the
primary use for which it is reasonably adapted or designed is the
smoking of marijuana or hashish, rather than lawful smoking tobacco,
and which may or may not be equipped with a screen.
(2)
Possession of drug paraphernalia. The following is prohibited:
(a)
Possession of marijuana drug paraphernalia where there exists
cause to believe the item is drug paraphernalia;
(b)
Possession of cocaine drug paraphernalia where there exists
cause to believe the item is drug paraphernalia;
(c)
Possession of opiate drug paraphernalia where there exists cause
to believe the item is drug paraphernalia.
(3)
Manufacture, sale or delivery of drug paraphernalia. No person may
sell, deliver, possess with intent to deliver or manufacture with
intent to deliver drug paraphernalia knowing, or under circumstances
where one reasonably should 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 in violation of this chapter except for drug
paraphernalia manufacturers or artists that do not sell or deliver
drug paraphernalia directly to consumers within the City of South
Milwaukee.
(4)
Delivery of drug paraphernalia to a minor. Any adult, as defined by § 938.02(1), Wis. Stats., who violates Subsection E(3) of this section by delivering drug paraphernalia to a person 17 years of age or under shall be subject to the maximum penalty authorized hereunder.
(5)
Advertisement of drug paraphernalia. No person may place in any newspaper,
magazine, handbill or other publication or upon any outdoor billboard
or sign any advertisement knowing, or under circumstances where one
reasonably should know, that the purpose of the advertisement, in
whole or in part, is to promote the sale of objects designed or intended
for use as drug paraphernalia.
(6)
Penalty.
(a)
Any person violating § 24.01E(2)(a) shall forfeit not more than $439, together with the costs of prosecution, and in default of payment thereof, shall be imprisoned in the County Jail or the Milwaukee County House of Correction until such fines and costs are paid. Such imprisonment shall not exceed 90 days. Each day of the violation shall be considered a separate offense.
(b)
Any person violating § 24.01E(2)(b) shall forfeit not more than $565, together with the costs of prosecution, and in default of payment thereof, shall be imprisoned in the County Jail or the Milwaukee County House of Correction until such fines and costs are paid. Such imprisonment shall not exceed 90 days. Each day of the violation shall be considered a separate offense.
(c)
Any person violating § 24.01E(2)(c), (3), (4) or (5) shall forfeit not more than $1,308, together with the costs of prosecution, and in default of payment thereof, shall be imprisoned in the County Jail or the Milwaukee County House of Correction until such fines and costs are paid. Such imprisonment shall not exceed 90 days. Each day of the violation shall be considered a separate offense.
(7)
Exemption. This section does not apply to manufacturers, practitioners,
pharmacists, owners of pharmacies and other persons whose conduct
is in accordance with that permitted under the provisions of Ch. 961,
Wis. Stats. This section does not prohibit the possession, manufacture
or use of hypodermics in accordance with that permitted under Ch.
961, Wis. Stats.
A.
The provisions of the County Ordinances describing and defining rules
and regulations with respect to County parks and parkways in the following
enumerated sections of Chapter 47, General Ordinances, exclusive of
any provisions therein relating to the penalties to be imposed or
the punishment for violations of said General Ordinances, are hereby
adopted and by reference made a part of this ordinance. Any act required
to be performed or prohibited by any General Ordinance incorporated
herein by reference is required or prohibited by this ordinance.
(1)
Definitions.
(2)
Permits required for public meetings, etc.
(3)
Games and amusements prohibited except in designated areas; permits
for exclusive use.
(4)
Sales and solicitation for sale prohibited without permit; distribution
of hand bills, advertisement; regulations of.
(5)
Use of firearms, fireworks; hunting with bow and arrow and trapping;
throwing of missiles; making of fires; deposit of breakage of tin
cans, bottles and glassware; prohibitions.
(6)
Animals in park.
(7)
Fish, waterfowl; game birds.
(8)
Injury to, destruction or removal of public property.
(9)
Use of parks for aircraft or parachute prohibited except with permit.
(10)
Use of motor vehicles in parks.
(11)
Regulation of bicycle riders.
(12)
Horseback riding regulations.
(13)
Boating regulations.
(14)
Bathing and swimming regulations.
(15)
Fortune telling; gambling; prohibited.
(16)
Disorderly conduct; smoking; prohibited.
(17)
Use of liquor in parks.
(18)
Care of waste.
(19)
Closing of park or parkway facilities to the public.
(20)
Improper use of park furniture.
(21)
Sleeping, camping or lodging in parks forbidden.
(22)
Interference with park employees unlawful.
(23)
Hours when parks are open.
(24)
Permits; obligations of permittees.
[Amended 5-15-2001 by Ord. No. 1797]
The provisions of § 134.66(1) through (3) and (4)(a)1
and 2, Wis. Stats., are hereby adopted by reference as though fully
set forth herein. The penalties therein provided shall be the penalties
imposed for violations of this section.
[Amended 4-8-2014 by Ord.
No. 2082]
A.
Definitions.
(1)
For purposes of this Section, a building is defined as a permanent
structure used for human occupancy and includes a manufactured home,
as defined in § 101.91(2), Wis. Stats.
B.
Shooting or Discharging a Bow and Arrow or Crossbow.
(1)
Except as provided in Subsection B(5), it shall be unlawful for a person to hunt with a bow and arrow or crossbow within a distance of 100 yards from a building located on another person's land. This restriction shall not apply if the person who owns the land on which the building is located allows the hunter to hunt with a bow and arrow or crossbow within the specified distance of the building.
(2)
A person who hunts with a bow and arrow or crossbow shall discharge
the arrow or bolt from the weapon toward the ground.
(3)
No person shall discharge an arrow with any bow or similar device
where the arrow may endanger the life, limb or property of another
or will traverse any part of any street, alley, public grounds or
parks.
(4)
The South Milwaukee School District may conduct supervised archery
activities in areas under their jurisdiction.
(5)
It shall be unlawful for a person to hunt or trap on any portion
of land owned or leased by the City of South Milwaukee.
C.
It shall be unlawful for any person to throw, shoot or propel any
object, arrow, paintball, stone, or other projectile by hand or other
means, at any person or at or into any building, street, sidewalk,
alley, highway, park or playground in circumstances where it is reasonably
probable that the object so thrown, shot or propelled may cause injury
to any person or damage to any property.
[Amended 9-3-2002 by Ord.
No. 1821]
A.
No person shall consume any intoxicating liquor or fermented malt
beverage while in or upon any public street, alley, sidewalk or other
public way unless specifically granted a permit by the Common Council.
B.
All purchases of alcoholic or fermented malt beverages by the glass
or in open containers shall be consumed on the licensed premises where
served and shall not be removed to thoroughfares, streets or sidewalks
in the City unless specifically permitted by the Common Council.
C.
No persons shall be in possession of any glass or open container containing intoxicating liquor or fermented malt beverages on any thoroughfare, street, sidewalk or other public way, except when specifically granted a permit by the Common Council pursuant to Subsection D of this section.
[Amended 7-13-2010 by Ord. No. 2007]
D.
Any person wishing to 1) possess a glass or open container containing
intoxicating liquor or fermented malt beverages, or 2) consume intoxicating
liquor or fermented malt beverages, while in or upon any public street,
alley, sidewalk or other public way shall first apply to the Common
Council for a permit authorizing said consumption, and said application
shall state the applicant's name, age, address, and the time
place and purpose or purposes for which said permit is desired. If,
upon due investigation, the Common Council determines that it is in
the best interest of the community to issue a permit authorizing possession
and consumption of intoxicating liquor or fermented malt beverages
in or upon any public street, alley, sidewalk or other public way,
the Common Council shall have authority to issue said permit.
[Amended 7-13-2010 by Ord. No. 2007]
[Added 5-2-2017 by Ord.
No. 2147]
A.
Notwithstanding § 24.06, businesses which are granted a pedlet license are exempted from the prohibitions required thereof, pursuant to the following conditions:
(1)
Pedlets may only be located at food and drink establishments.
(2)
Food and drink may only be served to patrons seated at tables
located on the sidewalk adjacent to the pedlet.
(3)
Food and drink may be served during the businesses' normal
business hours, except under no circumstances shall beer or intoxicating
beverages be served past 10:00 p.m. Sunday through Thursdays and 11:00
p.m. Fridays and Saturdays.
(4)
Tables and chairs must be secured or removed from the sidewalk
when the pedlet is not in use.
(5)
The business owner is responsible for removing from the sidewalk
and/or pedlet any food, garbage, spills or other debris that accumulates
daily.
[Added 5-15-2017 by Ord.
No. 2148]
A.
PARKLET
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A platform that is located in the parking lane of the street,
is at the same level as the abutting sidewalk, and is intended to
provide additional space and amenities for the adjacent business establishment
and its patrons.
B.
Notwithstanding § 24.06, businesses which are granted a parklet license are exempted from the prohibitions required thereof, pursuant to the following conditions:
(1)
Parklets may only be located at food and drink establishments.
(2)
Food and drink may only be served to patrons seated at tables
located on the sidewalk adjacent to the parklet.
(3)
Food and drink may be served during the businesses' normal
business hours, except under no circumstances shall beer or intoxicating
beverages be served past 10:00 p.m. Sunday through Thursday and 11:00
p.m. Friday and Saturday.
(4)
Tables and chairs must be secured or removed from the sidewalk
when the parklet is not in use.
(5)
The business owner is responsible for removing from the sidewalk
and/or parklet any food, garbage, spills or other debris that accumulates
daily.
[Amended 5-16-2000 by Ord. No. 1770]
A.
No person shall throw or deposit any waste material or debris on
or along any highway or other public way or on any private property
without the owner's consent.
B.
No person shall distribute any shopper, pamphlet or other commercial
publication on any private property where the owner or occupant of
the private property has posted a sign indicating that the shopper,
pamphlet or other type of solicitation is unwanted. To be effective
under this ordinance, the sign must be readable from the public right
of way and located at or near the lot line, on the property's
mail box post or near the front sidewalk at the lot line. Any shopper,
pamphlet or other commercial publication deposited or left on private
property where the owner or occupant of the property has indicated
by a sign located as required under this ordinance that such material
is unwanted shall be subject to a forfeiture of not more than $50.
Each commercial publication left or deposited in violation of this
ordinance constitutes a separate offense. A commercial publication
is one which in whole or part advertises a product or thing for sale.
No person shall obstruct the aisle, entrances or exits of public
assemblage.
[Amended 11-7-1989 by Ord. No. 1444]
A.
No person shall make or cause to be made any loud and unnecessary
sounds or noises in such places, circumstances or at such times as
would lead a person of ordinary intelligence to conclude that the
sounds or noises would be disturbing to others in the neighborhood.
B.
No person shall operate a motor vehicle in such a manner that causes
squealing of tires or loud and unnecessary racing of the engine.
[Amended 4-5-1995 by Ord.
No. 1608]
A.
To loiter means to remain idle, stand around, sit or lie, in essentially
one location or move about slowly.
B.
No person shall loiter on City grounds, including buildings, entrances
and exits thereto, structures, walkways, right-of-ways and roadways,
in a manner which:
(1)
Creates alarm or fear in members of the public, City employees and
City officers for their safety or the safety of public or private
property.
(2)
Molests, harasses, or intimidates any persons on City property.
(3)
Obstructs offices, lobbies, corridors, stairways, doorways, walkways,
roadways and parking lots as to prevent and interfere with access
or free passage by members of the public, City officers and employees.
(4)
Interferes with the transaction of business of the performance of
duties by City employees and officers, or with courtroom proceedings,
meetings of the Common Council, its committees, boards and commissions,
sub-committees and public hearings.
[Amended 4-5-1995 by Ord.
No. 1609]
A.
Intent. It is the intent of this section to render unlawful discrimination
in housing. It is the declared policy of this City that all persons
shall have an equal opportunity for housing regardless of sex, race,
color, sexual orientation, disability, religion, national origin,
marital status, family status, lawful source of income, age or ancestry.
The Common Council hereby extends this ordinance governing equal housing
opportunities to cover single-family residences, which are owner-occupied.
The Common Council finds that the sale and rental of single-family
residences constitute a significant portion of the housing business
in this City and should be regulated. This section shall be deemed
an exercise of the police powers of the City for the protection of
the welfare, health, peace, dignity and human rights of the people
of this City.
B.
ADVERTISE
AGE
AGGRIEVED PERSON
COMPLAINANT
CONCILIATION
CONDOMINIUM
CONDOMINIUM ASSOCIATION
DISABILITY
DISCRIMINATE
DWELLING UNIT
FAMILY
FAMILY STATUS
HARDSHIP CONDITION
HOUSING
HOUSING FOR OLDER PERSONS
INTERESTED PERSON
MEMBER OF A PROTECTED CLASS
RELATIVE
RENT
RESPONDENT
SEXUAL ORIENTATION
Definitions. In this section:
To publish, circulate, issue or display, or cause to be published,
circulated, issued or displayed, any communication, notice, advertisement
or sign in connection with the sale, financing or rental of housing.
In reference to a member of a protected class, means at least
18 years of age.
A person who claims to have been injured by discrimination
in housing or believes that he or she will be injured by discrimination
in housing that is about to occur.
A person who files a complaint alleging discrimination in
housing.
The attempted resolution of issues raised by a complaint
or by the investigation of the complaint, through informal negotiations
involving the aggrieved person, the complainant, the respondent and
the City department in charge of handling Fair Housing Complaints.
Has the meaning given in Wis. Stats., § 703.02(4).
An association, as defined in Wis. Stats., § 703.02(1m).
A physical or mental impairment that substantially limits
one or more major life activities, a record of having such an impairment
or being regarded as having such an impairment. "Disability" does
not include the current illegal use of a controlled substance, as
defined in Wis. Stats., § 961.01(4), or a controlled substance
analog, as defined in Wis. Stats., § 961.01(4m), unless
the individual is participating in a supervised drug rehabilitation
program.
A structure or that part of a structure that is used or intended
to be used as a home, residence or sleeping place by one person or
by two or more persons who are maintaining a common household, to
the exclusion of all others.
Includes one natural person.
Any of the following conditions that apply to a person seeking
to rent or purchase housing or to a member or prospective member of
the person's household regardless of the person's marital
status:
|
1.
|
A person is pregnant.
| |
|
2.
|
A person is in the process of securing a sole or joint legal
custody, periods of physical placement or visitation rights of a minor
child.
| |
|
3.
|
A person's household includes one or more minor or adult
relatives.
| |
|
4.
|
A person's household includes one or more adults or minor
children in his or her legal custody or physical placement or with
whom he or she has visitation rights.
| |
|
5.
|
A person's household includes one or more adults or minor
children placed in his or her care under a court order, under a guardianship
or with the written permission of a parent or other person having
legal custody of the adult or minor child.
|
A situation under which a tenant in housing for older persons
has legal custody or physical placement of a minor child or a minor
child is placed in the tenant's care under a court order, under
a guardianship or with the written permission of a parent or other
person having legal custody of the minor child.
Any improved property, or any portion thereof, including
a mobile home as defined in Wis. Stats., § 66.0435(1)(d),
or condominium, that is used or occupied, or is intended, arranged
or designed to be used or occupied, as a home or residence. "Housing"
includes any vacant land that is offered for sale or rent for the
construction or location thereon of any building, structure or portion
thereof that is used or occupied, or is intended, arranged or designed
to be used or occupied, as a borne or residence.
Any of the following:
|
(1)
|
Housing provided under any state or federal program that the
secretary determines is specifically designed and operated to assist
elderly persons, as defined in the state or federal program.
| |
|
(2)
|
Housing solely intended for, and solely occupied by, persons
62 years of age or older.
| |
|
(3)
|
Housing primarily intended and primarily operated for occupancy
by at least one person 55 years of age or older per dwelling unit.
|
An adult relative or friend of a member of a protected class,
or an official or representative of a private agency, corporation
or association concerned with the welfare of a member of a protected
class.
A group of natural persons, or a natural person, who may
be categorized based on one or more of the following characteristics:
sex, race, color, disability, sexual orientation as defined in Wis.
Stats., § 111.32(13m), religion, national origin, marital
status, family status, lawful source of income, age or ancestry.
A parent, grandparent, great-grandparent, stepparent, step
grandparent, brother, sister, child, stepchild, grandchild, step grandchild,
great-grandchild, first cousin, second cousin, nephew, niece, uncle,
aunt, stepbrother, stepsister, half brother or half sister or any
other person related by blood, marriage or adoption.
To lease, to sublease, to let or to otherwise grant for a
consideration the right of a tenant to occupy housing not owned by
the tenant.
The person, including natural and otherwise, accused in a
complaint or amended complaint of discrimination in housing and any
other person identified in the course of an investigation as allegedly
having discriminated in housing.
Has the meaning given in Wis. Stats., § 111.32(13m).
C.
Discrimination prohibited. It is unlawful for any person to discriminate:
(1)
By refusing to sell, rent, finance or contract to construct housing
or by refusing to negotiate or discuss the terms thereof.
(2)
By refusing to permit inspection or exacting different or more stringent
price, terms or conditions for the sale, lease, financing or rental
of housing.
(3)
By refusing to finance or sell an unimproved residential lot or to
construct a home or residence upon such a lot.
(4)
By advertising in a manner that indicates discrimination by a preference
or limitation.
(5)
For a person in the business of insuring against hazards, by refusing
to enter into, or by exacting different terms, conditions or privileges
with respect to, a contract of insurance against hazards to a dwelling.
(6)
By refusing to renew a lease, causing the eviction of a tenant from
rental housing or engaging in the harassment of a tenant.
(7)
In providing the privileges, services or facilities that are available
in connection with housing.
(8)
By falsely representing that housing is unavailable for inspection,
rental or sale.
(9)
By denying access to, or membership or participation in, a multiple
listing service or other real estate service.
(10)
By coercing, intimidating, threatening or interfering with a
person in the exercise or enjoyment of, or on account of his or her
having exercised or enjoyed, a right granted or protected under this
section, or with a person who has aided or encouraged another person
in the exercise or enjoyment of a right granted or protected under
this section.
(11)
In making available any of the following transactions or in
the terms or conditions of such transactions for a person whose business
includes engaging in residential real estate-related transactions:
(a)
The making or purchasing of loans or the provision of other
financial assistance for purchasing, constructing, improving, repairing
or maintaining housing or the making or purchasing of loans or the
provision of other financial assistance secured by residential real
estate.
(b)
Selling, brokering or appraising residential real property.
By otherwise making unavailable or denying housing.
D.
Representations designed to induce panic sales. No person may induce
or attempt to induce a person to sell or rent housing by representations
regarding the present or prospective entry into the neighborhood of
a person of a particular economic status or a member of a protected
class, or by representations to the effect that such present or prospective
entry will or may result in any of the following:
E.
Discrimination against persons with disabilities prohibited.
(1)
Types of discrimination prohibited. In addition to discrimination prohibited under Subsection C or D no person may do any of the following:
(a)
Segregate, separate, exclude or treat unequally in the sale
or rental of, or otherwise make unavailable or deny, housing to a
buyer or renter because of a disability of that buyer or renter, a
disability of a person residing in or intending to reside in that
housing after it is sold, rented or made available or a disability
of a person associated with that buyer or renter.
(b)
Segregate, separate, exclude or treat unequally a person in
the terms, conditions or privileges of sale or rental of housing,
or in the provision of services or facilities in connection with such
housing, because of a disability of that person, a disability of a
person residing in or intending to reside in that housing after it
is sold, rented or made available or a disability of a person associated
with that person.
(c)
Refuse to permit, at the expense of a person with a disability,
reasonable modifications of existing housing that is occupied, or
is to be occupied, by such a person if the modifications may be necessary
to afford the person full enjoyment of the housing, except that in
the case of rental housing the landlord may, where it is reasonable
to do so, condition permission for a modification on the tenant's
agreement to restore the interior of the housing to the condition
that existed before the modification, other than reasonable wear and
tear. The landlord may not increase any customarily required security
deposit. Where it is necessary to ensure that funds will be available
to pay for the restorations at the end of the tenancy, the landlord
may negotiate as part of a restoration agreement a requirement that
the tenant pay into an interest-bearing escrow account, over a reasonable
period, a reasonable amount of money not to exceed the cost of the
restorations. The interest in any such account shall accrue to the
benefit of the tenant. If escrowed funds are not used by the landlord
for restorations, they shall be returned to the tenant.
(d)
Refuse to make reasonable accommodations in rules, policies,
practices or services that are associated with the housing, when such
accommodations may be necessary to afford the person equal opportunity
to use and enjoy housing, unless the accommodation would impose an
undue hardship on the owner of the housing.
(2)
Animals assisting persons with disabilities.
(a)
If an individual's vision, hearing or mobility is impaired,
it is discrimination for a person to refuse to rent or sell housing
to the individual, cause the eviction of the individual from housing,
require extra compensation from an individual as a condition of continued
residence in housing or engage in the harassment of the individual
because he or she keeps an animal that is specially trained to lead
or assist the individual with impaired vision, hearing or mobility
if all of the following apply:
[1]
Upon request, the individual shows to the lessor, seller or
representative of the condominium association credentials issued by
a school recognized by the department as accredited to train animals
for individuals with impaired vision, hearing or mobility.
[2]
The individual accepts liability for sanitation with respect
to, and damage to the premises caused by, the animal.
(b)
This subsection (Animals assisting persons with disabilities)
does not apply in the case of the rental of owner-occupied housing
if the owner or a member of his or her immediate family occupying
the housing possess and, upon request, presents to the individual
a certificate signed by a physician which states that the owner or
family member is allergic to the type of animal the individual possesses.
F.
Exemptions and exclusions.
(1)
Nothing in this section prohibits discrimination based on age or
family status with respect to housing for older persons.
(2)
Nothing in this section shall prohibit a person from exacting different
or more stringent terms or conditions for financing housing based
on the age of the individual applicant for financing if the terms
or conditions are reasonably related to the individual applicant.
(3)
Nothing in this section shall prohibit the development of housing
designed specifically for persons with disabilities and preference
in favor of persons with disabilities in relation to such housing.
(4)
Nothing in this section requires that housing be made available to
an individual whose tenancy would constitute a direct threat to the
safety of other tenants or persons employed on the property or whose
tenancy would result in substantial physical damage to the property
of others, if the risk of direct threat or damage cannot be eliminated
or sufficiently reduced through reasonable accommodations. A claim
that an individual's tenancy poses a direct threat or a substantial
risk of harm or damage must be evidenced by behavior by the individual
that caused harm or damage, that directly threatened harm or damage,
or that caused a reasonable fear of harm or damage to other tenants,
persons employed on the property, or the property. No claim that an
individual's tenancy would constitute a direct threat to the
safety of other persons or would result in substantial damage to property
may be based on the fact that a tenant has been or may be the victim
of domestic abuse, as defined in Wis. Stats., § 813.12(1)(am).
(5)
It is not discrimination based on family status to comply with any
reasonable federal, state or local government restrictions relating
to the maximum number of occupants permitted to occupy a dwelling
unit.
G.
Board created; membership terms; qualifications. There is hereby
created a Fair Housing Board. The Fair Housing Board shall consist
of the members of the Community Development Authority.
H.
Authority of Board to adopt regulations. The Fair Housing Board shall
adopt such rules and regulations as may be desirable to carry out
the purposes and provisions of this section.
I.
Annual reports of the Board. The Fair Housing Board shall submit
an annual report to the Mayor and Common Council concerning the enforcement
of this section, including its recommendations relating thereto.
J.
Administration.
(1)
Authority and responsibility. The authority and responsibility for
administering this section shall be in the Fair Housing Board of the
City.
(2)
Cooperation of Board and executive departments and agencies in administration
of housing and urban development programs and activities to further
fair housing purposes. All executive departments and agencies shall
administer their programs and activities relating to housing and urban
development in a manner affirmatively to further the purposes of this
section and shall cooperate with the Board to further such purposes.
(3)
Functions of the Board. The Fair Housing Board may:
(a)
Make studies with respect to the nature and extent of discriminatory
housing practices in the City;
(b)
Publish and disseminate reports, recommendations, and information
derived from such studies;
(c)
Cooperate with and render any technical assistance requested
by federal, state, local and other public or private agencies, organizations,
and institutions which are formulating or carrying on programs to
prevent or eliminate discriminatory housing practices;
(d)
Cooperate with and render such technical and other assistance
to the community relations service as may be appropriate to further
its activities in preventing or eliminating discriminatory housing
practices, and
(e)
Administer the programs and activities under its authority in
a manner affirmatively to further the policies of this chapter.
K.
Education and conciliation; conferences and consultations; reports.
Immediately after the enactment of this section, the Fair Housing
Board may commence such educational and conciliatory activities as
in its judgment will further the purposes of this chapter. The Board
may call conferences of persons in the housing industry and other
interested parties to acquaint them with the provisions of this section
and suggest means of implementing it, and may endeavor with their
advice to work out programs of voluntary compliance and of enforcement.
The Board may consult with federal, state and local officials and
other interested parties to learn the extent, if any, to which housing
discrimination exists in their locality, and whether and how enforcement
programs might be utilized to combat such discrimination in connection
with or in place of, the Board's enforcement of this section.
The Board shall issue reports on such conferences and consultations
as it deems appropriate.
L.
Fair housing administrative enforcement.
(1)
Person aggrieved; complaint; copy; investigation; informal proceedings;
violations of secrecy; penalties. Any person who claims to have been
injured by a discriminatory housing practice or who believes that
he will be irrevocably injured by a discriminatory housing practice
that is about to occur (hereafter "person aggrieved") may file a complaint
with the City Clerk's Office. Complaints shall be in writing
and shall contain such information and be in such form as outlined
in this section and as required by the Board. If the claim alleges
that the City is the discriminatory party, the complaint will be received,
but referred to the proper state or federal agency and notice of the
same will be provided to the complainant by the City in writing. The
Clerk shall refer the complaint to the Fair Housing Board. Within
five days of receipt of the referral of such a complaint, the Community
Development Authority Executive Director shall furnish a copy of the
complaint to each member of the Board, as well as, the person or persons
who allegedly committed or are about to commit the alleged discriminatory
housing practice and inform said person or persons of his/her right
to file an answer to said complaint within 20 days of receipt of the
same. Within 10 days after receiving a complaint, the Chairman of
the Board shall make a determination as to whether or not to convene
the Board for the purpose of discussing what action, if any, to take
on the complaint. In the event the Chairman convenes the Board, said
meeting shall take place no later than 45 days after the Chairman's
receipt of the complaint. In the event the Board determines at a meeting
to conduct a formal investigation of the complaint, it shall direct
the Community Development Authority Executive Director, or his/her
designee, to investigate the complaint and report back to the Board
within a specified amount of time not to exceed 90 days from said
directive of the Board. All other administrative departments of the
City shall cooperate as needed in the investigation of the complaint.
Within a reasonable time as indicated by the Board, after the completion
of the investigation and report to the Board, or after a decision
by the Board that no action will be taken on the complaint, the Board
shall give notice in writing to the person aggrieved as to whether
the Board intends to resolve the complaint. If the Board decides to
resolve the complaint, it shall proceed to try to eliminate or correct
the alleged discriminatory housing practice by informal methods of
conference, conciliation, and persuasion. Nothing said or done in
the course of such informal endeavors may be used as evidence in a
subsequent proceeding under this section without the written consent
of the person concerned. The Board may extend the timeframes as outlined
in this subsection only at the discretion of the Board.
(2)
Complain limitations; answers; amendments; verification. A complaint under Subsection L(1) shall be filed within 180 days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him/her and with the leave of the board, which shall be granted whenever it would be reasonable and fair to do so, may amend his/her answer at any time. Both complaints and answers shall be sworn to before a notary public.
(3)
Burden of proof. In any proceeding brought pursuant to this section,
the burden of proof shall be on the complainant.
(4)
Other remedies available; private civil actions. Nothing in this
section shall be construed as prohibiting or in any way limiting the
right of complainants to pursue in any appropriate court, any remedy
or cause of action available to him/her under state or federal law.
(5)
Trial of action; termination of voluntary compliance efforts. Whenever
an action filed by an individual, in either federal or state court,
pursuant to applicable federal or state laws shall come to trial,
the Board shall immediately terminate all efforts to obtain voluntary
compliance.
M.
Evidence.
(1)
Investigations; access to records, documents, and other evidence;
copying; searches and seizures; subpoenas; interrogatories; administration
of oaths. Subject to the provisions of the Fourth Amendment to the
United States Constitution relating to unreasonable searches and seizures,
the Fair Housing Board, when conducting an investigation authorized
by this section, shall have access at all reasonable times to premises,
records, documents, individuals, and other evidence or possible sources
of evidence and may examine, record, and copy such materials and take
the record of the testimony or statements of such persons as are reasonably
necessary for the furtherance of the investigation. The board may
issue subpoenas to compel its access to or the production of such
materials, or the appearance of such person, and may issue interrogatories
to a respondent, to the same extent and subject to the same limitations
as would apply if the subpoenas or interrogatories were issued or
served in aid of a civil action in the courts of Wisconsin. The Board
may administer oaths.
(2)
Compensation and mileage fees of witnesses. Witnesses summoned by
subpoena of the Board shall be entitled to the same witness and mileage
fees as are witnesses in proceedings in the Circuit Courts in the
State of Wisconsin. Fees payable to a witness summoned by a subpoena
issued at the request of a respondent shall be paid by the respondent.
(3)
Enforcement of a subpoena. In ease of contumacy or refusal to obey
a subpoena, the Board or other person at whose request it was issued
may petition for its enforcement in the Circuit Court of Milwaukee
County.
(4)
Violations; penalties. Any person who willfully fails or neglects
to attend and testify or to answer to any lawful inquiry or to produce
records, documents, or other evidence, if in his power to do so, in
obedience to the subpoena or lawful order of the Board, shall forfeit
not more than $500 as in the discretion of the Board. Any person who,
with intent thereby to mislead the Board, shall make or cause to be
made any false entry or statement of fact in any report, account,
record or other document submitted to the Board pursuant to this subpoena
or other order, or shall willfully neglect or fail to make or cause
to be made full, true and correct entries in such reports, accounts,
records, or other documents, or shall willfully mutilate, alter, or
by other means falsify any documentary evidence, shall forfeit not
more than $500 as in the discretion of the Board. Each day that a
violation continues after proper notice has been served shall be deemed
a separate offense.
(5)
City Attorney to conduct litigation. The City Attorney shall represent
the Board in all litigation that the Board participates as a party
or as miens pursuant to this section.
N.
Hearing procedures. If the Board finds probable cause to believe
that any discrimination has been or is being committed in violation
of this section and that such discrimination cannot be eliminated
by means of conference, conciliation and/or persuasion, the Board
shall issue and serve a written notice of hearing specifying the nature
and acts of discrimination of the complaint and/or those found during
the investigation which appear to have been committed and requiring
the person named, hereinafter called the "respondent, "to answer the
complaint in a hearing before the Board. The notice shall specify
a time of hearing and place of hearing, not less than 10 days after
service of the complaint. The testimony at the hearing shall be recorded
by the Board. If, after the hearing, the Board finds upon majority
vote and by a fair preponderance of the evidence that the respondent
has engaged in discrimination in violation of this section, the Board
shall make written findings and recommend such action by the respondent
as will effectuate the purpose of this section and shall serve a certified
copy of its findings and recommendations on the respondent and complainant
together with an order requiring the respondent to comply with the
recommendations. Failure to comply with such order shall be a violation
of this section and shall subject the respondent to a forfeiture,
as hereafter provided. If the Board finds that the respondent has
not engaged in discrimination as alleged in the complaint, it shall
serve a certified copy of its findings on the complainant and the
respondent, together with an order dismissing the complaint. Where
the complaint is dismissed, costs in an amount not to exceed $100,
plus actual disbursements for the attendance of witnesses, may be
recommended by the Board to be assessed against the City and may be
paid in the discretion of the Common Council, where proper claim therefore
is made by the respondent.
O.
Judicial review. Within 30 days after service upon all parties of
an order or determination of the Fair Housing Board under this section,
the respondent, the complainant or the aggrieved party may appeal
the order or the determination to the Circuit Court of Milwaukee County
by the filing of a Petition for Review. The Circuit Court shall review
the order or determination of the Fair Housing Board as provided in
Wis. Stats., §§ 227.52 through 227.58.
P.
Damages and penalties.
(1)
Any respondent who willfully violates this section, or any lawful
order issued hereunder shall, for each such violation, forfeit not
less than $100 nor more than $1,000 as in the discretion of the Board.
Each day that a violation continues after proper notice has been served
shall be deemed a separate offense. In addition to the monetary penalty
heretofore stated, the Fair Housing Board may order relief of an injunctive
or other equitable manner. The Fair Housing Board may not order punitive
damages. Any respondent adjudged to have violated this section within
five years after having been adjudged to have violation this section,
for every violation committed within five years, shall forfeit not
less than $1,000 nor more than $10,000 as in the discretion of the
Board. Each day that a violation continues after proper notice has
been served shall be deemed a separate offense.
(2)
In addition to any damages ordered under Subsection P(1), any respondent who is not a natural person adjudged to have willfully violated this section, or any lawful order issued hereunder shall, for each such violation, forfeit not less than $1,000 nor more than $5,000 as in the discretion of the Board. Each day that a violation continues after proper notice has been served shall be deemed a separate offense. Any respondent who is not a natural person adjudged to have violated this section within five years after having been adjudged to have violated this section, for every violation committed within five years, shall forfeit not less than $5,000 no more than $10,000 as in the discretion of the Board. Each day that a violation continues after proper notice has been served shall be deemed a separate offense.
(3)
In the event that any person, natural or otherwise, fails to abide
by an Order of Relief or Determination issued by the Fair Housing
Board, the City Attorney, on behalf of the Fair Housing Board, may
petition to the Circuit Court for Milwaukee County to enforce the
Order or Determination of the Fair Housing Board.
Q.
Cooperation with federal, state and local agencies administering
fair housing laws; utilization of services and personnel; reimbursement;
written agreements. The Board may cooperate with federal, state and
local agencies charged with the administration of fair housing laws
and, with the consent of such agencies, utilize the services of such
agencies and their employees. In furtherance of such cooperative efforts,
the Board may enter into written agreements with such state or local
agencies. All agreements and terminations thereof shall be published
according to law.
R.
Interference, coercion, or intimidation; enforcement by civil action. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by Subsections C, D and E of this section. This section may be enforced by appropriate civil action.
S.
Discrimination by licensed or permitted persons. If the Board finds probable cause to believe that an act of discrimination has been or is being committed in violation of this section by a person taking an action enumerated under Subsections C, D and/or E for which the person is licensed or permitted under City ordinances, the Fair Housing Board shall notify the licensing or permitting body of its findings and shall file a complaint with such body, together with a request that the body initiate proceedings to suspend or revoke the license or permit of such person, or take other less restrictive disciplinary action. Upon filing a complaint hereunder, the Fair Housing Board shall make available to the appropriate licensing or permitting body all pertinent documents and files in its custody and shall cooperate fully with such body in the proceedings.
T.
Separability of provisions. If any provision of this section or the
application thereof to any person or circumstances is held invalid,
the remainder of the section and the application of the provisions
to other persons, not similarly situated or to other circumstances,
shall not be affected thereby.
[Amended 9-5-2000 by Ord.
No. 1778]
The provisions of §§ 118.15 and 118.163, Wis.
Stats., are hereby adopted by reference and the sanctions which the
Municipal Court may impose including all those specified in Ch. 118.
[Amended 6-18-1996 by Ord. No. 1646]
[Added 5-15-2018 by Ord.
No. 2173]
A.
BULLYING
COURSE OF CONDUCT
HARASSMENT
HAZING
MESSAGE
Definitions as used in this section:
A form of harassment defined as an intentional course of
conduct which, through verbal acts, physical acts, messages or any
other form of communication, is reasonably likely to intimidate, emotionally
abuse, slander or threaten another person and serves no legitimate
purpose. "Bullying" also means systematically or persistently inflicting
physical hurt or psychological distress on one or more students. It
is intentional written, spoken, nonverbal or physical behavior, including
but not limited to any threatening, insulting, or dehumanizing gesture
or communication, including the spreading of rumors, that has the
effect of doing any of the following: substantially interfering with
any student's education, creating a threatening or fearful environment
in a school setting for any student or group of students, or substantially
disrupting the orderly operation of the school. "Bullying" also includes
the use of digital technologies, including but not limited to email,
cell phones, text messages, instant messages, chat rooms and social
websites.
A pattern of conduct composed of a series of acts over a
period of time, however short, evidencing a continuity of purpose.
Any conduct, whether verbal, physical, written, or by means
of any mode of communication, which:
Any intentional or reckless act which endangers the physical
health or safety of a student, or is meant to induce pain or humiliation,
or that results in property damage or theft and is directed against
another student or students, for the purpose of being initiated into,
affiliating with, holding office in, or maintaining membership in
any organization, class, club or team sponsored or supported by a
school or the district, regardless of the students' willingness
to participate.
Any transfer of signs, signals, writing, images, sounds,
data, or intelligence of any nature, or any transfer of a computer
program, as defined in Wis. Stats., § 943.70(1)(c).
B.
Prohibited conduct.
(2)
Parental responsibility. It shall be unlawful for any custodial parent or guardian of any unemancipated person under 18 years of age to allow or permit such person to violate the provisions of this section, subject to Subsection B(2)(a).
(a)
No custodial parent or legal guardian of any unemancipated person
under 18 years of age shall be issued a citation under this section
unless the custodial parent or guardian of any unemancipated person
under 18 years of age has previously been notified, in writing, by
a law enforcement officer that the same individual over which the
parent or guardian has custody violated this section within 90 days
prior to the issuance of a citation under this section.
(b)
Delivery of the written notice in Subsection B(2)(a) of the prior violation shall constitute a rebuttable presumption that such parent or guardian allowed or permitted the present violation.
(c)
Constitutionality protected activity. This section shall not
be construed to apply to any constitutionally protected activity or
speech.
C.
Penalty. Any person violating this section shall forfeit not more
than $439.
[Added 3-2-1993 by Ord.
No. 1530]
A.
LIBRARY
LIBRARY MATERIAL
Definitions.
The South Milwaukee Public Library.
Includes any book, plate, picture, photograph, engraving,
painting, drawing, map, newspaper, magazine, pamphlet, manuscript,
document, letter, public record, microfilm, sound recording, audiovisual
materials in any format, materials regardless of physical form or
characteristics, belonging to, on loan to or otherwise in the custody
of the library.
B.
No person may fail to return overdue borrowed library materials.
Any person who allows another to borrow material on his/her library
card is responsible for its return. Lack of consent to the use of
a library card by one other than the person to whom it was issued
shall be a defense only if the card is reported lost or stolen to
the library before the card is used to borrow library material.
C.
Each individual item borrowed may form the basis for a separate offense.
D.
Refusal to accept or failure to receive an overdue notice is not
a defense to violations of this section.
[Added 10-18-2011 by Ord.
No. 2032]
A.
Adoption of state statues.
(1)
Except as otherwise specifically provided in this chapter, the following
statutory provisions, exclusive of any regulations for which the statutory
penalty is a fine or term of imprisonment, are hereby adopted and
by reference made a part of this chapter as if fully set forth herein:
(a)
Wis. Stats., § 167.31, relating to transporting of
bows and firearms.
(b)
Wis. Stats., § 175.60, relating to the carrying and
display of concealed carry licenses and certain prohibited activities.
(c)
Wis. Stats., § 941.23(3), relating to the carrying
and display of identification by out-of-state or former law enforcement
members.
(d)
Wis. Stats., § 943.13, relating to certain trespassing
actions while carrying or possessing a weapon or firearm.
(e)
Wis. Stats., § 948.605(2), relating to the carrying
or possessing of a firearm within 1,000 feet of school grounds.
B.
Prohibition against carrying weapons and firearms within certain
City buildings.
(1)
In addition to those areas, locations and buildings specifically
identified in Wis. Stats., § 175.60(16), no person, except
sworn law enforcement officers, shall carry or possess a weapon or
firearm whether concealed or not within any City owned building or
facility including, but not limited to, City Hall and the Public Library.
[1]
Editor's Note: Former § 24.18, Contributing
to the delinquency of minors, was repealed 3-16-2010 by Ord. No. 2002.
A.
Except as provided in Subsection C hereof, no person shall ride a bicycle, the wheel diameter of which exceeds 20," on any sidewalk in the City of South Milwaukee. Except as provided in Subsection C hereof, no person over the age of 12 shall ride a bicycle on any sidewalk in the City of South Milwaukee.
B.
Any person riding a bicycle on any City sidewalk shall yield the
right-of-way to any pedestrian upon the sidewalk or approaching the
sidewalk.
[Amended 11-21-2017 by Ord. No. 2160]
A.
No person other than one set forth in Subsection B hereof shall enter into, congregate or play in any public school building or on any public school property, including playgrounds, activity fields, parking lots, school yards, and all other school property regularly used by school officials and students for any purpose between 7:30 a.m. and 4:30 p.m. on any official school day.
B.
Exceptions. Subsection A hereof shall not apply to:
(1)
A parent or guardian of any enrolled student;
(2)
A person who is currently enrolled and not under suspension, expulsion
or other disciplinary action affecting their student status;
(3)
A person on official school business;
(4)
A person who has received official school permission to be present
on school premises.
[Added 8-2-1988 by Ord.
No. 1400]
[Added 11-21-2017 by Ord.
No. 2160]
No person shall loiter in or about any school or public place
at or near which children or students attend or normally congregate.
As used in this section, "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. This section applies to students during
the school day loitering in areas of school property without permission.
[Added 3-21-1989 by Ord.
No. 1428]
A.
It shall be unlawful for any person to operate or ride a skateboard,
roller skates, roller skis or play vehicle as defined in § 340.01,
Wis. Stats., in any of the following places:
(1)
On any City street;
(2)
On any City sidewalk or alley in any business district as defined
in § 340.01, Wis. Stats.;
(3)
In any public parking ramp or public parking lot;
(4)
On any public property where signs prohibit it;
(5)
On any private property unless permission has been received from
the owner, lessee, or person in charge of that property.
|
For the purpose of this ordinance, the Business District shall
be defined as any area primarily commercial in nature.
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B.
It shall be lawful for operators or riders of such skateboards, roller
skates, roller skis, or play vehicles to use this equipment on non-business
sidewalks and alleys provided they yield the right-of-way to vehicles
using the alleys. Notwithstanding any other provisions herein, it
shall be unlawful for any operator or rider of such play vehicle to
use a play vehicle on any public property, street, alley, sidewalk
or other public right-of-way later than 1/2 hour after sunset or 1/2
hour before sunrise.
[Added 5-1-1990 by Ord.
No. 1459]
A.
No underage person as defined by § 125.02, Wis. Stats.,
shall enter, remain or loiter in any public or private place where
any fermented malt beverage or other alcoholic beverage is sold, dispensed,
given away or made available to underage persons, unless accompanied
by a parent, guardian or spouse who has attained the legal drinking
age or unless the fermented malt beverage or alcoholic beverage is
being dispensed by a person 21 years of age or older.
B.
The penalty for violation of § 24.23A shall be not more than the maximum penalty for a municipal ordinance violation which may be imposed upon a juvenile pursuant to Wisconsin Statutes.
C.
The provisions of this ordinance shall not apply when the premises
are governed by the provisions of Ch. 125, Wis. Stats.
[Amended 10-18-1994 by Ord. No. 1585; 9-27-2017 by Ord. No. 2156]
A.
Purchase or possession of tobacco products prohibited. The City of
South Milwaukee adopts by reference the entirety of § 254.92,
Wis. Stats.
B.
Tobacco paraphernalia.
(2)
The purchase or possession of tobacco paraphernalia by any person
under the age of 18 is prohibited.
(3)
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 any tobacco paraphernalia to any person
under the age of 18. A person under 18 years of age may purchase or
possess cigarettes, nicotine products, or tobacco products for the
sole purpose of resale in the course of employment during his or her
working hours if employed by a retailer. The defenses provided in
§ 134.66(3)(a) through (c), Wis. Stats., shall be defenses
to any prosecution hereunder.
C.
Vapor products.
(1)
"Vapor products" shall mean noncombustible products, that may or
may not contain nicotine, that employ a mechanical heating element,
battery, electronic circuit, or other mechanism, regardless of shape
or size, that can be used to produce a vapor in a solution or other
form, including but not limited to an electronic cigarette, electronic
cigar, electronic cigarillo, electronic pipe, or similar product or
device. "Vapor products" shall include any vapor cartridge, solution,
or other container, that may or may not contain nicotine, that is
intended to be used with an electronic cigarette, electronic cigar,
electronic cigarillo, electronic pipe, or similar product or device.
"Vapor products" do not include any products regulated by the United
States Food and Drug Administration under Chapter V of the Food, Drug,
and Cosmetic Act.
(2)
The purchase or possession of vapor products by any person under
the age of 18 is prohibited.
(3)
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 any vapor products to any person under
the age of 18. A person under 18 years of age may purchase or possess
cigarettes, nicotine products, or tobacco products for the sole purpose
of resale in the course of employment during his or her working hours
if employed by a retailer. The defenses provided in § 134.66(3)(a)
through (c), Wis. Stats., shall be defenses to any prosecution hereunder.
[Added 2-5-1991 by Ord.
No. 1488]
A.
No person shall, by means of a telephone call originating within
or received within the City of South Milwaukee, utilize the 911 Emergency
Telephone Number System for any purpose other than to report an emergency
or to report a claimed emergency, knowing the fact situation which
he or she reports does not exist. An emergency exists when an immediate
response by public safety personnel is essential and an existing or
very probable situation exists of:
B.
No person shall knowingly permit any telephone under his or her control
to be used for any purpose prohibited by this ordinance.
[Added 11-2-1999 by Ord.
No. 1750]
A.
The owner of any property which has been marked by graffiti shall
remove the marking within 10 days of notice to remove the marking
issued by the Police Department.
B.
Any person who fails to comply with an order issued pursuant to § 24.26A shall be subject to a forfeiture of not more than $50 for each day the marking is not removed following expiration of the time limit in the order.
C.
The common Council hereby creates the City of south milwaukee anti-graffiti trust fund. Within the limitations of state statutes, all penalties assessed against violators of § 24.01C shall be deposited in this fund along with any donations received from persons wishing to contribute to the fund. The Common Council shall direct the expenditures of the Fund, however, all such expenditures shall be limited to graffiti removal expenses, the expenses incurred in administering the graffiti prevention ordinance and such other public purposes as may be approved by the Common Council from time to time.
[Added 11-13-2012 by Ord.
No. 2057]
"Drug paraphernalia" as used in this ordinance is defined in
Wis. Stats., § 961.571(1)(a). No person may use, or possess
with the primary 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 or controlled substance analog in violation
of this chapter. Any person who violates this subsection may be fined
not more than $500.
[Amended 4-5-1995 by Ord.
No. 1609]
A.
No person, whether or not a subscriber to the cable system may intentionally
or knowingly damage or cause to be damaged any wire, cable, conduit,
equipment or apparatus of grantee, or commit any act with intent to
cause such damage, or to tap, tamper with or otherwise connect any
wire or device to a wire, cable, conduit, equipment and apparatus
or appurtenances of grantee with the intent to obtain a signal or
impulse from the cable system without authorization from or compensation
to the grantee, or to obtain cable television or other communications
service with intent to cheat or defraud grantee or any lawful charge
to which it is entitled.
B.
No person, whether or not a subscriber to the cable system may intentionally
or knowingly possess without authority any device or printed circuit
board designed to receive from a cable television system any cable
television programming or services offered for sale over that cable
television system, whether or not the programming or services are
encoded, filtered, scrambled or otherwise made unintelligible, with
the intent that the device or printed circuit board be used to receive
that cable television company's services without payment. Intent
to violate this paragraph for direct or indirect commercial advantage
or private financial gain may be inferred from proof of the existence
on the property and in the actual possession of the defendant of a
device if the totality of the circumstances, including quantities
or volumes, indicates possession for resale.
C.
No person may intentionally manufacture, import into the City of
South Milwaukee, distribute, publish, advertise, sell, lease or offer
for sale or lease any device, printed circuit board or any plan or
kit for a device or for a printed circuit designed to receive the
cable television programming or services offered for sale over a cable
television system, from a cable television system, whether or not
the programming or services are encoded, filtered, scrambled or otherwise
made unintelligible with the intent that the device, printed circuit,
plan or kit be used for the reception of that company's services
without payment. The intent required for a violation of this paragraph
may be inferred from proof that the defendant has sold, leased or
offered for sale or lease any device, printed circuit board, plan
or kit for a device or for a printed circuit board in violation of
this paragraph and during the course of the transaction for sale or
lease the defendant expressly states or implies to the buyer that
the product will enable the buyer to obtain cable television service
without charge.
E.
Any person convicted of violating any provision of this section for
direct or indirect commercial advantage or private financial gain
is subject to a forfeiture of not less than $50 nor more than $1,000.
Each day's violation of this section shall be considered a separate
offense.
F.
Private financial gain as used in this section does not include the
gain resulting to any individual from the private use in that individual's
dwelling unit of any programming for which the individual has not
obtained authorization.
G.
No licensee, employee, or patron of a Class "B" licensed premises
whether or not a subscriber to the cable television and communications
system may intentionally or knowingly damage or cause to be damaged
any wire, cable, conduit, equipment or apparatus of grantee of a South
Milwaukee City Cable Franchise, or commit any act with intent to cause
such damage, or to tap, tamper with or otherwise connect any wire
or device to a wire, cable, conduit, equipment and apparatus or appurtenances
of grantee with the intent to obtain a signal or impulse from the
cable system without authorization from or compensation to the grantee,
or to obtain cable television or other communications service with
intent to cheat or defraud grantee of any lawful charge to which it
is entitled.
[Amended 10-4-2016 by Ord. No. 2133A]
A.
Adoption of § 118.163, Wis. Stats., as it relates to truancy,
is hereby adopted as if fully set forth herein.
B.
Prohibition of truancy and habitual truancy. It shall be unlawful
for any pupil to be truant or a habitual truant from any school in
the School District of South Milwaukee. Pursuant to § 938.17(2)(a)2.b,
Wis. Stats., the Municipal Court of the City of South Milwaukee shall
exercise jurisdiction over any pupil alleged to be habitually truant
from a South Milwaukee School District school, regardless of location.
C.
Mandatory appearance. Any citation issued for Habitual Truancy shall
be returnable in the Municipal Court, shall state on its face that
is a "Must Appear" citation and shall no forfeiture amount written
on the face of the citation.
D.
Dispositions. Upon finding a finding of guilt, the Municipal Court
shall impose one or more of the dispositions set forth in § 118.163(2)(a),
(b), (d), (e), (g), (h), (i), (j) or (k), Wis. Stats., for habitual
truancy or the dispositions set forth in § 118.163(1m),
Wis. Stats., for truancy.
E.
Summons of parent. Pursuant to § 938.17(2)(cg), Wis. Stats.,
the Municipal Judge may issue a summons requiring the partner, guardian
or legal custodian of the pupil to appear with the pupil.
F.
Compulsory school attendance.
(1)
Any person who has a child under his or her control, which child
is between the ages of six and 18 years old and which child attends
school within the jurisdiction of the South Milwaukee Municipal Court,
as set forth in § 938.17(2)(a)2, Wis. Stats., is required
to ensure that the child attends school, pursuant to the provisions
of § 118.15, Wis. Stats.
(2)
The penalty for violation of this subsection shall be a forfeiture
of not less than $100 nor more than $500, together with the costs
of prosecution and, in default of payment of said forfeiture and costs,
suspension of the defendant's operating privileges, pursuant
to §§ 343.30 and 345.47, Wis. Stats., or by imprisonment
in the Milwaukee County House of Correction or Milwaukee County Jail
until payment of the forfeiture and costs, but not in excess of the
number of days set forth in § 800.095(4), Wis. Stats. Each
and every day during which a violation continues constitutes a separate
offense.
G.
Taking of a truant pupil into custody. A police officer may take
a juvenile into custody, pursuant to § 938.19(1)(d)10, Wis.
Stats., if the officer has reasonable grounds to believe that the
juvenile is absent from school without an acceptable excuse under
§ 118.15, Wis. Stats.
[Added 12-3-2003 by Ord.
No. 1851]
A.
The operation of unlicensed motorized scooters is prohibited on all
City streets, alleys, highways, bike-paths, sidewalks and public parking
lots.
B.
The operation of unlicensed motorized scooters is prohibited on all
other public property unless specifically permitted by a posted sign.
C.
The operation of unlicensed motorized scooters is prohibited on all
private property unless the owner, lessee, or person in charge of
that property has consented to the use of the property by unlicensed
scooters.
D.
"An unlicensed motorized scooter" means any scooter not licensed
by the State of Wisconsin for use on highways.
[Added 12-7-2004 by Ord.
No. 1870]
A.
Purpose. The purpose of this section is to reduce the incidents of
misconduct by juveniles by requiring proper supervision on the part
of custodial parents.
B.
CHILD
CUSTODIAL PARENT
CUSTODY
Definitions. For the purpose of this section, unless otherwise defined:
A person under the age of 18 years.
A parent or legal guardian of a minor child who has custody
of said child.
Either physical custody of a child under a court order under
§ 767.23 or 767.24, Wis. Stats., custody of a child under
a stipulation under § 767.10, Wis. Stats., or actual physical
custody of the child. Custody does not include legal custody, as defined
under § 48.02(12), Wis. Stats., by an agency or a person
other than a child's birth or adoptive parent. In determining
which parent has custody of a child for purposes of this section,
the court shall consider which parent had responsibility for caring
for and supervision of the child at the time that the child's
ordinance violations occurred.
C.
Prohibited conduct. Every custodial parent has a duty to properly
supervise his or her child. Any custodial parent whose child is convicted
of a non-traffic City of South Milwaukee Municipal Code violation
twice in a six-month period or three or more times within a twelve-month
period is guilty of failing to properly supervise said child where
the violations were a foreseeable consequence of the breach of the
duty to supervise their child. The six and twelve-month periods shall
be measured from the date of the first violation. The City shall have
the burden to prove that the custodial parent is guilty of the prohibited
conduct in that:
D.
Penalty. The offense described under Subsection C shall be subject to a penalty of not more than $200.
E.
Defenses.
(1)
The following shall be among the defenses to a violation of Subsection C where proven by the parent by clear and convincing evidence:
(a)
Where the parent was not legally responsible for the supervision
of the juvenile at the time the misconduct occurred; or
(b)
Where the parent has a physical or mental disability or incompetence
rendering them incapable of supervising the juvenile at the time the
misconduct occurred;
(c)
Where the parent reported the act forming the basis of the violation
to the appropriate authorities when the violation occurred or as soon
as the parent learned of the violation.
(d)
Where the juvenile has been diagnosed by a competent physician
or licensed psychologist as suffering from psychotic disorder or other
disorder rendering parental control ineffective.
(2)
It is not a defense where the parent assigns his or her parental
responsibility to another, except pursuant to legal proceedings, which
result in a court order effectuating the same.
[Added 6-2-2009 by Ord.
No. 1986; amended 5-15-2012 by Ord. No. 2049]
A.
Permit. Except as herein specifically provided, no person may keep
any animal in or on any premises in the City of South Milwaukee without
first obtaining a permit for the keeping of the animal. All permits
issued under this section shall be issued by the City Health Department
and no permit shall be issued to any person for any animal if, in
the judgment of the City Health Administrator or designee, the animal
or the keeping of the animal on the proposed premises poses a danger
to the residents of the premises, the neighbors or the City residents
generally. In determining whether to grant or deny a permit, the Health
Inspector shall consider the number of animals currently kept on the
premises, the size of the premises, the number of residents on the
premises and nearby, the characteristics of the animal and all other
matters relevant to a determination of the degree of danger, health
risk, or nuisance posed by the animal. Any permit issued under this
section shall only be issued on payment of the permit fee established
by resolution of the Common Council and satisfactory annual inspection
to insure continuing compliance with the requirements of this chapter.
Permits shall expire on June 30 following the date on which the permit
is issued and all renewals shall commence on July 1 of the year in
which an application for renewal is approved.
B.
Protected animals.
(1)
Possession and sale. It shall be unlawful for any person to possess with intent to sell or offer for sale, or buy or attempt to buy or procure, within the City any of the following animals, alive or dead, or any part of product thereof: All wild cats of the family felidae, polar bear (thalarctos maritimus), red wolf (canis niger), vicuna (vicugna vicugna), or alligator, caiman or crocodile of the order of crocodilia, gray or timber wolf (canis lupus), sea otter (enhydra lutris), Pacific ridley turtle (lepidochelys olivacea), Atlantic green turtle (chelonia mydas) and Mexican ridley turtle (lepidochelys kempi), or any species listed under Subsection D of this section.
(2)
Compliance with federal regulations. It shall be unlawful for any
person to buy, sell or offer for sale a native or foreign species
or subspecies of mammal, bird, amphibian or reptile, or the dead body
or parts thereof, which appears on the endangered species list designated
by the United States Secretary of the Interior and published in the
Code of Federal Regulations pursuant to the Endangered Species Act
of 1969 (Public Law 135, 91st Congress).
(3)
Regulating the importation of certain birds. No person shall import or cause to be imported into this City any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This Subsection B(3) shall not be construed to forbid or restrict the importation of use of the plumage, skin, body or any part thereof legally collected for use by the American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.
C.
Protected animals exceptions. The provisions of Subsection A of this section shall not be deemed to prevent the importation, possession, purchase or sale of any species by any public agency, institute of higher learning, persons holding federal permits, or by a person holding a scientific collector's permit issued by the secretary of the state department of natural resources, or to any person or organization licensed to present a circus.
D.
Wild animals and domesticated; prohibition on keeping. It shall unlawful
for any person to keep, maintain or have in their possession or under
their control within the City any poisonous reptile or animal, insect
or reptile, any vicious or dangerous domesticated animal or any other
animal or reptile of wild, vicious or dangerous propensities. Specifically,
it shall be unlawful for any person to keep, maintain or have in their
possession or under their control within the City any of the following
animals, reptiles or insects:
(1)
All poisonous animals and reptiles including rear-fang snakes.
(2)
Apes: Chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla);
orangutans (Pongo); and siamangs (Symphalangus).
(3)
Baboons (Papoi, Mandrillus).
(4)
Bears (Ursidae).
(5)
Bison (Bison).
(6)
Cheetahs (Acinonyx jubatus).
(7)
Crocodilians (Crocodilia), 30 inches in length or more.
(8)
Constrictor snakes, six feet in length or more.
(9)
Coyotes (Canis latrans).
(10)
Deer (Cervidae); includes all members of the deer family, for
example, white-tailed deer, elk, antelope and moose.
(11)
Elephants (Elephas and Loxodonta).
(12)
Gamecocks and other fighting birds.
(13)
Hippopotami (Hippopotamidae).
(14)
Hyenas (Hyaenidae).
(15)
Jaguars (Panthera onca).
(16)
Leopards (Panthera pardus).
(17)
Lions (Panthera leo).
(18)
Lynxes (Lynx).
(19)
Monkeys, old world (Cercopithecidae).
(20)
Ostriches (Struthio).
(21)
Pumas (Felis concolor); also known as cougars, mountain lions
and panthers.
(22)
Rhinoceroses (Rhinocero tidae).
(23)
Sharks (class Chondrichthyes).
(24)
Snow leopards (Panthera uncia).
(25)
Tigers (Panthera tigris).
(26)
Wolves (Canis lupus).
(27)
Squirrels of flying or non-flying variety.
(28)
Poisonous insects.
(29)
Bees, wasps and hornets.
(30)
Pigs, to include pot-bellied.
(31)
Snapping turtles.
E.
Wild animals; exceptions to prohibition on keeping. The prohibitions of Subsection C of this section shall not apply where the creatures are in the care, custody or control of a veterinarian for treatment; agricultural fairs; shows or projects of the 4-H Clubs; a display for judging purposes; an itinerant or transient carnival, circus or other show; dog or cat shows or trials; public or private educational institutions; licensed pet shops; or zoological gardens if:
(1)
Their location conforms to the provisions of the zoning ordinance
of the City.
(2)
All animals and animal quarters are kept in a clean and sanitary
condition and so maintained as to eliminate objectionable odors.
(3)
Animals are maintained in quarters so constructed as to prevent their
escape.
(4)
No person lives or resides within 100 feet of the quarters in which
the animals are kept.
(5)
No food establishment is located within 100 feet of the quarters
in which the animals are kept.
F.
Animals and birds, keeping of.
(1)
Horses, swine, cattle, etc. No person, except a permitted slaughterhouse
or meat packer, shall keep horses, swine, cattle, fowl and chickens,
sheep or goats in the City, except horses for riding may be kept upon
special permit of the City Council after recommendation by the Board
of Health.
(2)
Selling poultry; dyed baby chicks. No person shall display, give,
or sell dyed, colored or artificially treated baby chicks or ducklings
as pets or novelties. No person shall sell, give away or distribute
live chicks, ducklings, goslings, poultry or any other young of the
poultry family to be used as pets or novelties.
(3)
Prohibition. No person, firm or corporation shall keep, feed, or
breed any hares, rabbits, guinea pigs, rats, mice, gerbils, chickens,
turkeys, geese, ducks, doves, pigeons, parrots of any species, games
birds of any species, dogs, cats, reptiles, and amphibians for commercial
purposes, within the residential districts.
(4)
Commercial purposes. No person shall conduct for commercial purposes
any establishment in which dogs, cats, hares, rabbits, guinea pigs,
rats, mice, gerbils, chickens, turkeys, geese, ducks, doves, pigeons,
parrots of any species, game birds or any species, are kept and maintained
in the commercial or industrial districts without first obtaining
from the Department of Public Health a permit so to do.
G.
Exceptions. Section 24.33 does not apply to the following animals which are regulated elsewhere or which the Common Council believes do not pose a potential danger if limited to the number specified herein. All numerical limitations apply to the building structure in which the animal is kept. Nothing in this ordinance is intended to supersede existing regulations governing dogs, cats, and pigeons:
(1)
Dogs (canis familiaris), Cats (felis domesticus), and Pigeons.
(2)
Small birds such as Finches, Parakeets, Cockatoo, Canaries, Cockatiels,
etc. if not more than four in total.
(3)
Tropical fish.
(4)
Turtles weighing less than one pound, excludes snapping turtles.
(5)
Parrots if not more than two in total.
(6)
Non-venomous snakes capable of growing to no more than five feet at maturity, if not more than two in total. Snakes capable of growing to more than five feet at maturity are prohibited unless permitted under Subsection A above regardless of the current length of the snake.
(7)
Non-venomous lizards capable of growing to no more than three feet at maturity if not more than two in total. Lizards capable of growing to more than three feet at maturity are prohibited unless permitted under Subsection A above regardless of the current length of the lizard.
(8)
Gerbils, guinea pigs, rabbits, rats and mice, not more than five
in total.
(9)
Frogs, toads, geckos, salamanders, not more than 10 in total.
(10)
Ferrets, not more than two in total.
(11)
Such other animals as the Board of Health may from time to time
determine do not pose a danger, possible health risk, or nuisance.
All such animals determined by the Board of Health that do not pose
a danger shall be exempt from the provisions of this ordinance on
adoption of a Common Council resolution reflecting the Board's
determination.
H.
Each permit issued under this section shall provide that when the
number of animals increases over the number permitted by reason of
propagation by permitted animals, the person holding the permit shall
remove sufficient number of animals from the premises to again be
in compliance with the permit within 60 days after the birth of the
new animals. Nothing herein or in any permit shall be construed to
authorize the operation of a commercial animal enterprise on any premises
other than a pet store located in a properly zoned district. The fee
for permits issued hereunder shall be established by the Common Council
and be included in the Administrative Fee Schedule.
I.
Health nuisances. The Health Officer may prohibit the keeping of
any animal or fowl in any place, location or manner which in his judgment
would constitute a health nuisance or be in violation of this section.
J.
Penalty. If a person violates any provision of this Section such person shall be subject to the general penalty provisions set forth under § 24.99 of the South Milwaukee Code. Each day a person keeps any animal in violation of any of the provisions of this ordinance constitutes a separate offense for each animal so kept.
A.
Possession, use and sale are prohibited. It shall be illegal for
any person to use, possess, transport, purchase, attempt to purchase,
sell, publically display for sale or attempt to sell, give, trade
or barter any one or more of the following chemicals whether under
the common street or trade names of "Spice:, "K2," "Genie," "Yucatan
Fire," "fake" or "new" marijuana, or by any other name, label, or
description:
(1)
Salviadivinorum or salvinorum A; all parts of the plant presently
classified botanically as 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;
(2)
(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3-(2methyloctan-2-yl)-6a,
7, 10, 10a-tetrahydrobenzo[c]chromen-1-o1 some trade or other names:
HU-210;
(3)
1-Pentyl-3-(1-naphthoyl) indole-some trade or other names: JWH-018\spice;
(4)
1-Butyl-3-(1naphthoyl) indole-some trade or other names: JWH-073;
(5)
1-(3 }trifluoromethylphenyl{) piperazine-some trade or other names:
TFMPP; or
(6)
Any similar structural analogs.
B.
Exception. Acts otherwise prohibited under this Section shall not
be unlawful if done by or under the direction or prescription of a
licensed physician, dentist, or other medical health professional
authorized to direct or prescribe such acts.
C.
Penalty. Any person violating this ordinance shall be subject to
a forfeiture of not less than $250 nor more than $500, exclusive of
costs.
[Amended 12-20-1994 by Ord. No. 1596; 10-21-1997 by Ord. No. 1688]
A.
The penalty for violations of any violation of Wisconsin State Statutes
adopted by reference in this Code of Ordinances shall be limited to
a forfeiture which shall not exceed the maximum fine which may be
imposed upon conviction of the corresponding state statute, plus allowable
costs and required assessments.
B.
The penalty for violations of ordinances for which no specific penalty
is provided in this chapter and the penalty for violations of any
regulatory section of the City of South Milwaukee's Municipal
Code of Ordinances for which no specific penalty is provided shall
be a forfeiture of not more than $200.
C.
Juvenile penalties.
(1)
The penalty for juveniles who violate any section of this Code adopted
by reference to a Wisconsin State Statute in this Code of ordinances
shall be the maximum permissible under the State regulations governing
juvenile penalties in Municipal Courts for such violations.
(2)
The penalty for juveniles who violate any provision of this Code
not adopted by reference to a State Statute and for which no specific
penalty is provided elsewhere shall be the maximum permissible under
the State regulations governing juvenile penalties in Municipal Courts
for such violations.
D.
Failure to pay forfeiture. The Municipal Court may order a period
of confinement in the House of Correction or other appropriate institution
or suspension of the defendant's operator's privileges which
shall be imposed in the event the forfeiture imposed by the Municipal
Court is not paid when and as ordered by the Court. The Court may
also order any other alternative penalty or judgment which it determines
to be appropriate in the circumstances and which is authorized by
Wisconsin State Statutes.
