Village of Winneconne, WI General Provisions; Statutes Adopted

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 of Winneconne. With the exception of § 938.342, Wis. Stats., the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under the general penalty provisions of this Code of Ordinances. Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made part of this Code. The penalty for truancy and high school dropouts shall be governed by the provisions of § 938.342, Wis. Stats., as adopted herein.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(1)

Section 97.627, Causing fires by tobacco smoking.

(2)

Section 118.07, Safety Requirements.

(3)

Section 118.08, School Zones; Crossings.

(4)

Section 118.09, Safety Zones.

(5)

Section 118.10, School Safety Patrols.

(6)

Section 118.105, Control of Traffic on School Premises.

(7)

Section 118.11, School Fences.

(8)

Section 118.123, Reports and Records.

(9)

Section 118.163, Truancy and School Dropout Violations.

(10)

Section 134.65, Cigarette and Tobacco Products Retailer License.

(11)

Section 167.10, Restrictions on Sale or Gift of Cigarettes or Tobacco Products Fireworks Regulated.

(12)

Section 167.31, Safe Use and Transportation of Firearms and Bows.

(13)

Section 175.25, Illegal Storage of Junked Vehicles.

(14)

Section 938.125, Jurisdiction — Juveniles Alleged to Have Violated Civil Laws or Ordinances.

(15)

Section 938.17, Jurisdiction — Juveniles — Traffic, Boating, Snowmobile and All-Terrain. Vehicle Violations and Over Civil Law and Ordinance Violations.

(16)

Section 938.342, Disposition — Truancy and School Dropout Ordinance Violations.

(17)

Section 938.343, Disposition — Juvenile Adjudged to Have Violated a Civil Law or an Ordinance.

(18)

Section 938.344, Disposition — Certain Intoxicating Liquor, Beer and Drug Violations.

(19)

Section 938.345, Disposition — Juvenile Adjudged in Need of Protection or Services.

(20)

Section 254.92, Purchase or Possession of Tobacco Products Prohibited.

(21)

Section 939.05(2)(b), Aiding and Abetting.

(22)

Section 939.22, Words and Phrases Defined.

(23)

Section 940.19(1), Battery; substantial battery; aggravated battery.

(24)

Section 940.291, Law Enforcement Officer; Failure to Render Aid.

(25)

Section 940.42, Misdemeanor Intimidation of Witnesses.

(26)

Section 940.44, Misdemeanor Intimidation of Victims.

(27)

Section 941.01, Negligent Operation of a Vehicle.

(28)

Section 941.10, Negligent Handling of Burning Materials.

(29)

Section 941.12(2), (3) Interfering With Firefighting.

(30)

Section 941.13, False Alarms.

(31)

Section 941.20(1), Reckless Use of Weapon.

(32)

Section 941.299, Restrictions on Use of Laser Pointers.

(33)

Section 941.23, Carrying Concealed Weapon.

(34)

Section 941.235, Carrying Firearm in Public Building.

(35)

Section 941.35, Emergency Telephone Calls.

(36)

Section 941.36, Fraudulent Tapping of Electric Wires or Gas or Water Meters or Pipes.

(37)

Section 941.37(1),(2), Obstructing Emergency or Rescue Personnel.

(38)

Section 942.01, Defamation.

(39)

Section 942.03, Giving False Information for Publication.

(40)

Section 942.05, Opening Letters.

(41)

Section 943.01(1), Criminal Damage to Property.

(42)

Section 943.11, Entry Into Locked Vehicle.

(43)

Section 943.125, Entry Into Locked Coin Box.

(44)

Section 943.13, Trespass to Land.

(45)

Section 943.14, Trespass to Dwellings.

(46)

Section 943.145, Criminal Trespass to a Medical Facility.

(47)

Section 943.15, Entry Into Locked Site.

(48)

Section 943.20(1), (2) and (3)(a), Theft of Property.

(49)

Section 943.21(3)(am), Fraud on Hotel or Restaurant Keeper.

(50)

Section 943.21(3)(bm), Fraud on Gas Station.

(51)

Section 943.22, Use of Cheating Tokens.

(52)

Section 943.24, Issuance of worthless check.

(53)

Section 943.34(1)(a), Receiving Stolen Property.

(54)

Section 943.37, Alteration of Property Identification Marks.

(55)

Section 943.38(3), Forgery.

(56)

Section 943.41, Financial Transaction Card Crimes.

(57)

Section 943.46(4)(a), Theft of Video Service.

(58)

Section 943.50(1)-(3), Retail Theft.

(59)

Section 943.55, Removal of Shopping Cart.

(60)

Section 943.70, Computer crimes.

(61)

Section 944.15, Public Fornication.

(62)

Section 944.17, Sexual Gratification.

(63)

Section 944.21, Obscene Material or Performance.

(64)

Section 944.23, Making Lewd, Obscene or Indecent Drawings.

(65)

Section 944.25, Sending obscene or sexually explicit electronic messages.

(66)

Section 944.30, Prostitution.

(67)

Section 944.31, Patronizing Prostitutes.

(68)

Section 944.32, Soliciting Prostitutes.

(69)

Section 944.33, Pandering.

(70)

Section 944.34, Keeping Place of Prostitution.

(71)

Section 944.36, Solicitation of Drinks Prohibited.

(72)

Section 945.01, Definitions (relating to gambling).

(73)

Section 945.02, Gambling.

(74)

Section 945.04, Permitting Premises to be used for Commercial Gambling.

(75)

Section 946.40, Refusing to Aid Officer.

(76)

Section 946.41, Resisting or Obstructing Officer.

(77)

Section 946.42(2), Escape.

(78)

Section 946.46, Encouraging Violation of Probation, extended supervision or Parole.

(79)

Section 946.69, Falsely Assuming to Act as Public Officer or Employee or a utility employee.

(80)

Section 946.70, Impersonating Peace Officers, firefighters or other emergency personnel.

(81)

Section 946.72(2), Tampering with Public Records and Notices.

(82)

Section 947.01, Disorderly Conduct.

(83)

Section 947.012, Unlawful Use of Telephone.

(84)

Section 947.013, Harassment.

(85)

Section 947.06, Unlawful Assemblies and their suppression.

(86)

Section 948.01, Definitions (relating to crimes against children).

(87)

Section 948.09, Sexual Intercourse with a Child Age 16 or Older.

(88)

Section 948.10, Exposing genitals, pubic area or intimate parts.

(89)

Section 948.11(1)(b), (2)(b), Exposing a Child to Harmful Material or harmful descriptions or narratives.

(90)

Section 948.21, Neglecting a Child.

(91)

Section 948.40, Contributing to the Delinquency of a Child.

(92)

Section 948.50, Strip Search by School Employee.

(93)

Section 948.51(1), (2), (3)(a), Hazing.

(94)

Section 948.60, Possession of a Dangerous Weapon by a person under 18

(95)

Section 948.61(1),(2) Dangerous Weapons other than firearms on School Premises.

(96)

Section 948.63, Receiving Property from a Child.

(97)

Section 951.01, Definitions (relating to crimes against animals).

(98)

Section 951.015, Construction and Application.

(99)

Section 951.02, Mistreating Animals.

(100)

Section 951.03, Dognapping or Catnapping.

(101)

Section 951.04, Leading Animal from Motor Vehicle.

(102)

Section 951.05, Transportation of Animals.

(103)

Section 951.06, Use of Poisonous and Controlled Substances.

(104)

Section 951.07, Use of Certain Devices Prohibited.

(105)

Section 951.08, Instigating Fights between Animals.

(106)

Section 951.09, Shooting at Caged or Staked Animals.

(107)

Section 951.10, Sale of Baby Rabbits, Chicks and Other Fowl.

(108)

Section 951.11, Artificially Colored Animals; Sale.

(109)

Section 951.13, Providing Proper Food and Drink to Confined Animals.

(110)

Section 951.14, Providing Proper Shelter.

(111)

Section 951.15, Abandoning animals.

(112)

Section 173.10, Investigation of Animal Cruelty Complaints.

(113)

Section 173.24, Reimbursement for Expenses.

(114)

Sections 961.01 through 961.61, Uniform Controlled Substances Act.

Penalty. In addition to the general penalty provisions of this Code in § 1-3 or any other penalty imposed for violation of any section of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the cost of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated juvenile who violates § 420-1 as determined by the Village Board may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with the Wisconsin Statutes. Nothing in this Code of Ordinances shall prevent the Police Department from referring violations of the provisions of this chapter to the District Attorney's office in the interest of justice.

Attempt.

(1)

Whoever attempts to commit an act prohibited by this chapter and Chapters 182, Art. II; 190, 298, 312, 352, 370, 386 and 393 of this Code of Ordinances of the Village of Winneconne may be required to forfeit amounts not to exceed 1/2 the maximum penalty for the completed act.

(2)

An attempt to commit an act prohibited by the ordinances in this chapter and Chapters 182, Art. II; 190, 298, 312, 352, 370, 386 and 393 of this Code requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute a violation of these ordinances and that he/she does acts towards the commission of the violation which demonstrate unequivocally, under all the circumstances, that he/she formed that intent and would commit the violation except for the intervention of another person or some other extraneous factor.

Parties to acts prohibited in this chapter.

(1)

Whoever is concerned in the commission of an act prohibited in this chapter and Chapters 182, Article II; 190, 298, 312, 352, 370, 386 and 393 of this Code, is a principal and may be charged with and convicted of the commission of said act although he/she did not directly commit it and although the person who directly committed it has not been convicted of some other act prohibited by these ordinances.

(2)

A person is concerned in the commission of an act prohibited by these ordinances if he/she:

(a)

Directly commits the act; or

(b)

Intentionally aids and abets the commission of it; or

(c)

Is a party to a conspiracy with another to commit it or advises, hires, counsels, or otherwise procures another to commit it. Such party is also concerned in the commission of any other act which is committed in pursuance of the intended violation and which, under the circumstances, is the natural and probable consequence of the intended violation. This subsection does not apply to a person who voluntarily changes his/her mind and no longer desires that the act be committed and notifies the other parties concerned of his/her withdrawal within a reasonable time before the commission of the violation so as to allow the others also to withdraw.