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