[HISTORY: Adopted by the City Council of the City of Two
Rivers (Title 9, Ch. 2, of the 1981 Code). Amendments noted where
applicable.]
A.
Except as otherwise stated in this section, no person shall fire
or discharge any firearm, rifle, spring or air gun in the City.
B.
No person shall discharge any firearm in the territory adjacent to
the City in such manner that the discharge shall enter or fall within
the City.
C.
This section shall not apply to a sheriff, police officer or their
deputies acting in the scope of their duties and employment, or to
such individuals when carrying firearms during off-duty hours, in
accordance with state statutes.
D.
This section shall not apply to wildlife management activities authorized
by action of the City Council.
E.
The Chief of Police may grant a permit to discharge any firearm or
rifle to any adult resident of the City or person or entity under
contract with the City in connection with pest or wildlife extermination
under controlled conditions for a period of not more than 30 days,
or as authorized by the City Council.
F.
No person except a peace officer may go armed with a concealed or
dangerous weapon except as provided in § 175.60, Wis. Stats.
G.
Firearms in public buildings and City vehicles.
(1)
Pursuant to § 943.13(1m)(c)4, Wis. Stats., no person shall
enter or remain in any part of a building owned, occupied or controlled
by the state or local government unit if the state or local government
unit has notified the person not to enter or remain in the building
while carrying a firearm or a specific type of firearm.
(2)
The City Manager shall cause signs to be erected at all entrances
to all buildings owned, occupied or under the control of the City
of Two Rivers that will be affected by this section. These signs will
provide notice that no person is to enter or remain in any such building
while carrying a firearm. Such signs shall be five inches by seven
inches or larger.
(3)
Nothing in this subsection shall be construed to apply to prohibit a peace officer or armed forces or military personnel armed in the line of duty or any person duly authorized by the Chief of Police of any city, village or town, or the sheriff of any county, to possess a firearm in any building under §§ 941.235 and 941.237, Wis. Stats., which are hereby adopted by reference. Notwithstanding § 939.22(22), Wis. Stats., for the purpose of this Subsection G(3), "peace officer" does not include a commissioned warden who is not a state-certified commissioned warden.
(4)
Nothing in this subsection shall be construed to authorize the carrying
of any firearm or dangerous weapon contrary to § 941.23
or 941.235, Wis. Stats.
H.
No person except a peace officer may go armed with a firearm or dangerous weapon in any City-owned motor vehicle as defined in § 340.01(35), Wis. Stats. Nothing in this subsection shall be construed to prohibit a peace officer or armed forces or military personnel armed in the line of duty or any person duly authorized by the Chief of Police of any city, village or town, or the sheriff of any county, to possess a firearm in any motor vehicle. Notwithstanding § 939.22(22), Wis. Stats., for the purpose of this Subsection H, "peace officer" does not include a commissioned warden who is not a state-certified commissioned warden.
I.
Any person violating this section shall be subject to a forfeiture
of not less than $25 nor more than $500, unless such forfeiture exceeds
the amount allowed to be imposed by the City under state law.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
J.
If any provision of this section or its application to any person
or circumstances be held invalid by any court having jurisdiction,
that invalidity shall not affect other provisions or applications
of this section that can be given effect without the invalid provision
or application.
K.
No person authorized to carry a weapon per § 175.60, Wis.
Stats., shall do so without also carrying their conceal carry permit.
Such permit must be produced within 48 hours of the request of law
enforcement.
[Added at time of adoption of Code (see Title 1, General
Provisions, Ch. 1, Art. III)]
L.
Any person violating the terms of this section shall be subject to
a forfeiture of $25, except as provided otherwise herein.
[Added at time of adoption of Code (see Title 1, General
Provisions, Ch. 1, Art. III)]
A.
No person shall throw or shoot any object, 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 City or on or onto
the property of another without the consent of the owner of said property.
B.
No person shall shoot an arrow from a bow or shoot a bolt from a
crossbow anywhere within the City limits, except as otherwise provided
herein.
C.
Hunters may discharge bows or crossbows during bow and/or crossbow
hunting seasons as established by the State of Wisconsin.
D.
Individuals may engage in target shooting with bows and crossbows,
subject to the following conditions:
(1)
The arrows or bolts being discharged shall have target tips.
(2)
Individuals under the age of 16 shall only engage in such activity
in the presence of a parent or other responsible adult.
(3)
The arrows or bolts must be discharged toward an inanimate, stationary
target, such target placed against a backstop that is located in a
garage or similar enclosure.
E.
(1)
No person shall use a bow and arrow or crossbow at any time in any
City park or on any other property owned or leased by the City.
(2)
No person shall hunt with a bow and arrow or a crossbow within 100
yards of a permanent structure used for human occupancy, including
a manufactured home as defined by statute, located on another person's
land, unless the owner of that land allows such hunting within 100
yards of such structure.
(3)
No person who hunts with a bow and arrow or crossbow shall discharge
an arrow or bolt unless it is discharged toward the ground.
F.
The City's Recreation Department may, under proper supervision, conduct
programs which would otherwise violate this section.
G.
The City Council may by resolution permit the use of bows and arrows
in City parks and on property owned or leased by the City for the
purpose of removal of deer from the City. Such resolution may include
such conditions and restrictions as the Council deems necessary to
protect the health, safety and welfare of the general public and residents
and property owners of the City. Use of bows and arrows pursuant to
such resolution shall remain subject to all applicable state laws
and regulations. Any such resolution may be repealed, modified or
superseded by subsequent resolution of the Council.
No person shall stand, sit, loaf or loiter or engage in any
sport or exercise on any public street, bridge or public ground within
the City 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.
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 person 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 person or other circumstances makes it impracticable, a police
or peace officer shall, prior to any arrest for an offense under this
section, afford the person 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 person was true and, if believed
by the police or peace officer at the time, would have dispelled the
alarm.
A.
Loud and unnecessary noise prohibited. It shall be unlawful for any
person to make, continue or cause to be made or continued any loud
and unnecessary noise.
B.
Types of loud and unnecessary noises. The following acts are declared
to be loud, disturbing and unnecessary noises in violation of this
section, but this enumeration shall not be deemed to be exclusive:
(1)
Horns, signaling devices. The sounding of any horn or signaling device
on any automobile, motorcycle or other vehicle on any street or public
place in the City for longer than three seconds in any period of one
minute or less, except as a danger warning; the creation of any unreasonable
loud or harsh sound by means of any signaling device and the sounding
of any plainly audible device for an unnecessary and unreasonable
period of time; the use of any signaling device except one operated
by hand or electricity; the use of any horn, whistle or other device
operated by engine exhaust; and the use of any signaling device when
traffic is for any reason held up.
(2)
Radios, phonographs, similar devices. The using, operating or permitting
to be played, used or operated of any radio receiving set; musical
instrument, phonograph or other machine or device for the producing
or reproducing of sound in a loud and unnecessary manner. The operation
of any set, instrument, phonograph, machine or device between the
hours of 10:00 p.m. and 7:00 a.m. in violation of the maximum permissible
sound levels set forth in § 9-2-5C(1)(a) shall constitute
a violation of this section.
[Amended 1-20-2020]
(3)
Loudspeakers, amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier or other
machine or device for the producing or reproducing of sound which
is cast upon the public streets for the purpose of commercial advertising
or attracting attention of the public to any building or structure.
Announcements over loudspeakers can only be made by the announcer
in person and without the aid of any mechanical device.
(4)
Animals, birds. The keeping of any animal or bird which by causing
frequent or long continued unnecessary noise shall disturb the comfort
or repose of any persons in the vicinity.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(5)
Steam whistles. The blowing of any steam whistle attached to any
stationary boiler except to give notice of the time to begin or stop
work or as a warning of fire or danger or upon request of proper City
authorities.
(6)
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motorboat except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(7)
Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building, as well as the operation
of any pile driver, steam shovel, pneumatic hammer, derrick, steam
or electric hoist, or any other similar equipment attended by loud
or unusual noise, other than between the hours of 7:00 a.m. and 10:00
p.m. on weekdays; provided, however, the City Manager shall have the
authority, upon determining that the loss or inconvenience which would
result to any party in interest would be extraordinary and of such
nature as to warrant special consideration, to grant a permit for
a period necessary within which time such work and operation may take
place within the hours of 10:00 p.m. to 7:00 a.m.
(8)
Schools, courts, churches, hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while in use, or adjacent to any hospital, which unreasonably
interferes with the normal operation of that institution or which
disturbs or unduly annoys patients in the hospital, provided that
conspicuous signs are displayed in those streets indicating a school,
hospital, church or court street.
(9)
The provisions of this section shall not apply to:
(a)
Any vehicle of the City while engaged in necessary public business.
(b)
Excavations or repairs of streets or other public construction
by or on behalf of the City, county, or state at night when public
welfare and convenience renders it impossible to perform such work
during the day.
(c)
The reasonable use of amplifiers or loudspeakers in the course
of public addresses which are noncommercial in character.
C.
Noise limits.
(1)
Maximum permissible sound levels.
(a)
Noise from a stationary source shall not exceed the following
standards for maximum sound pressure levels measured at the property
line.
[Amended 1-20-2020]
|
Zone
|
Noise Rating, Daytime (7:00 a.m. to 10:00 p.m.)
(db)
|
Noise Rating, Nighttime (10:00 p.m. to 7:00 a.m.)
(db)
|
|---|---|---|
|
Residential
|
60
|
50
|
|
Business
|
70
|
70
|
|
All other zones
|
75
|
75
|
(b)
"Ambient noise" is the all-encompassing noise associated with
a given source, usually being a composite of sounds with many sources
near and far, but excluding the noise source being measured. Ambient
noise is a factor, and the subject noise shall exceed the ambient
noise by five decibels (db) in any octave band to be designated excessive.
(2)
Construction noise. Construction equipment in any zone may be operated
between the hours of 7:00 a.m. to 7:00 p.m., provided that said equipment
does not exceed a maximum sound pressure level of 80 db(A) measured
at the property line of the location at which said equipment is in
use.
(3)
Noise in residential districts. In residential zones, the person
in violation of this section shall be ordered to reduce the sound
pressure to acceptable levels immediately by the monitoring officer.
D.
The causing of vibrations from excessive sound generation. The creation
of sound waves by any operation or activity of such frequency and/or
decibel levels that the sound causes vibrations to structural components,
walls, glass, windows, or doors of a residence and/or vibrations to
personal property contents of a residence beyond the lot line of its
source which would unreasonably disturb or unduly annoy occupants,
detectable by either visual observation, touch or by secondary audible
noise emanating from the personal property resulting from the vibration
of such objects by sound waves originating from outside of the residence,
shall constitute a violation of this section, regardless of whether
the maximum permissible sound levels set forth in § 9-2-5C(1)(a)
are met or exceeded.
[Added 1-20-2020]
E.
Operation of certain equipment. Lawn mowers, chain saws, powered
garden equipment, electric insect-killing/insect-repelling devices,
and other nonconstruction maintenance equipment shall be operated
only during the hours between 7:00 a.m. and 9:00 p.m. unless within
the specified noise levels measured at the property line of the location
at which said equipment is in use.
F.
Exemptions. Operation of emergency equipment shall be exempt from
this chapter. Emergency equipment shall include government-owned or
government-contracted vehicles, machinery and equipment used to provide
emergency medical (ambulance), police, fire and snow and ice control
services. Privately owned vehicles, machinery and equipment used for
snow and ice control and removal on private property shall also be
exempt from the provisions of this chapter, provided such vehicle,
machinery or equipment is not determined to be emitting excessive
noise due to lack of repair or maintenance. The City Manager or his/her
designee may also grant temporary exemptions to the provisions of
this chapter when such exemptions are deemed to be in the public interest.
G.
Methods of measuring noise.
(1)
Equipment. Noise measurement shall be made with a sound level meter.
(2)
Location of noise meter. Noise measurement shall be made at the nearest
lot line of the premises from which a noise complaint is received.
The noise meter shall be placed at a height of at least three feet
above the ground and at least three feet away from the walls, barriers,
obstructions, and all other sound reflective surfaces.
H.
Control of nighttime noise emitted from residential air conditioners.
(1)
No person shall install, operate, or use any residential air conditioner
which creates a noise level in a sleeping room in any dwelling unit
located on any adjacent premises in the excess of five decibels above
the ambient noise level at the location being measured.
(2)
Upon receiving a complaint, the Police Department will conduct a
noise survey through the use of a sound level meter. The sound pressure
level should be measured in a sleeping room in the complainant's premises
with the sound level measuring microphone placed three feet from an
open window nearest to the source of the noise and not less than three
feet above the floor of the room in which the measurement is made.
I.
Appeals. The City Manager may grant an exemption to individuals proving
evidence of substantial hardship. Evidence that reasonable technological
attempts have been made to correct the problem shall be considered
grounds for granting an exemption to this chapter for existing industries.
A.
Loitering or defacing prohibited. No person shall stand, sit or loiter
on any bridge or on its abutments or railings, nor shall any person
deface any part of a bridge or its abutments or railings.
B.
Swimming from bridges prohibited. No person shall dive into or enter
the water for the purpose of swimming from any bridge or any bridge
pier, pile, approach or abutment within the City.
C.
Fishing restricted. No fishing is permitted off of bridges except
where there is a public sidewalk, provided that pedestrian traffic
shall not be restricted by such fishing activity.
A.
No person shall on public or private property located within the
City by or through the use of a motor vehicle, motorcycle, snowmobile,
or minibike engage in conduct which, under the circumstances, tends
to cause or to provoke a disturbance or annoy one or more persons,
or engage in violent, abusive, unreasonably loud, or otherwise disorderly
conduct, including, but not limited to, the unnecessary, deliberate
or intentional spinning of wheels, squealing of tires, revving the
engine, blowing the horn, causing the engine to backfire, or causing
the vehicle while commencing to move or in motion to raise one or
more of its wheels above the ground.
B.
Whoever engages in conduct prohibited by this section while in a
public park of the City shall be subject to a forfeiture of not less
than $100 nor more than $500 for each offense.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
It shall be unlawful for any person to defecate or to urinate
outside of designed sanitary facilities, upon any sidewalk, street,
alley, public parking lot, park, playground, cemetery, or other public
area within the City, or upon any private property in open view of
the public, or in the halls, stairways or elevators of public or commercial
buildings.
A.
Except as provided under Ch. 48, Wis. Stats., it shall be unlawful
for any person 18 years of age or over to entice away, take away,
withhold, or harbor any child under the age of 18 from the parents,
without the consent of the parents, unless custody has been granted
by court order to the person enticing, taking, withholding, or harboring
the child.
B.
Any person violating this section shall be subject to a forfeiture
of not less than $100 nor more than $500.
A.
Prohibition of truancy. A person under 18 years of age is prohibited
from being a truant.
(1)
Definitions. For the purposes of this section, the following words
shall have the meanings indicated:
- ACCEPTABLE EXCUSE
- As defined in §§ 118.15 and 118.16(4), Wis. Stats.
- TRUANT
- A pupil who is absent from school without an acceptable excuse for all or part of any day in which school is held during a school semester.
(2)
Penalty. Upon finding that a person under 18 years of age is a truant,
the court shall enter an order making one or more of the following
dispositions:
(a)
An order for the person to attend school;
(b)
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,
subject to § 938.37, Wis. Stats., and subject to a maximum
cumulative forfeiture amount of not more than $500 for all violations
committed during the school semester. All or part of the forfeiture
plus costs may be assessed against the person, the parents or guardians
of the person, or both.
B.
Prohibition of habitual truancy. A person under 18 years of age is
prohibited from being a habitual truant.
(1)
"Habitual truant" shall mean a pupil who is absent from school without
an acceptable excuse for part or all of five or more days on which
school is held during a school semester.
(2)
"Acceptable excuse" shall mean an acceptable excuse as defined in §§ 118.15
and 118.16(4), Wis. Stats.
(3)
Penalty. Upon finding that a person under 18 years of age is a habitual
truant, the court shall enter an order making one or more of the following
dispositions:
(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;
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(b)
An order for the person to participate in counseling or a supervised
work program or other community service work 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 person,
the parents or guardians of the person, or both;
(c)
An order for the person to remain at home except during the
hours in which the person is attending religious worship or a school
program, including travel time required to get to and from the school
program or place of worship. The order may permit a person to leave
his or her home if the person is accompanied by a parent or guardian;
(d)
An order for the person to attend an educational program as
described in § 938.34(7d), Wis. Stats.;
(e)
An order for the Department of Work Force Development to revoke,
under § 103.72, Wis. Stats., any permit under § 103.70,
Wis. Stats., authorizing the employment of the person;
(f)
An order for the person to be placed in a teen court program
as described in § 938.342(1g)(f), Wis. Stats.;
(g)
An order for the person to attend school;
(h)
A forfeiture of not more than $500 plus costs, subject to § 938.37,
Wis. Stats. All or part of the forfeiture plus costs may be assessed
against the person, the parents or guardian of the person, or both;
(i)
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;
(j)
An order placing the person under formal or informal supervision,
as described in § 938.34(2), Wis. Stats., for up to one
year; and
(k)
An order for the person'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 school with the person, or both.
C.
Contribute to truancy. Except as provided in Subsection C(1) of this section, any person 18 years of age or older who by an act or violation knowingly encourages or contributes to the truancy, as defined in § 118.16(1)(c), Wis. Stats., of a child is guilty of a violation of this section.
(1)
Subsection C of this section does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(g), Wis. Stats.
(2)
An act or omission contributes to the truancy of a child, whether
of not the child 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 child to be truant.
(3)
Penalty. A person who violates this provision is guilty of a separate
offense for each day or part of a day during which the violation is
committed, continued, or permitted. Each offense, upon conviction,
is punishable by a fine of not less than $50 nor more than $500.
D.
Reference to statutes. References to specific statutory sections
whenever used in this section shall mean the official Wisconsin Statues
as of the time of enactment and passage of this section, as from time
to time amended, modified, repealed or otherwise altered by the State
Legislature.
E.
Severability. If any section or part of this section is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this section shall not be affected thereby.
A.
Definition. For the purposes of this section, the following terms
shall have the meanings stated below:
- EMERGENCY
- Any 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 or loss or life.
- ESTABLISHMENT
- Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
- MINOR
- Any person 17 years of age or younger.
- OPERATOR
- An individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The terms includes the members or partners of an association or partnership and the officers of a corporation.
- PARENT
- A person who is a natural parent, adopted parent, or step-parent of a natural person.
- PUBLIC PLACE
- Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, parking lots, parks, and sidewalks [unless excluded under Subsection C(1)(e)].
- SERIOUS BODILY INJURY
- 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 organ.
B.
Offenses.
(1)
A minor commits an offense if the minor remains in any public place
or on the premises of any establishment within the City during curfew
hours.
(2)
A parent or guardian of a minor commits an offense if the parent
or guardian knowingly permits, or by insufficient control allows,
the minor to remain in any public place or on the premises of any
establishment within the City during curfew hours.
(3)
The owner, operator, or any employee of an establishment commits
an offense if the owner, operator, or any employee knowingly allows
a minor to remain upon the premises of the establishment during curfew
hours.
C.
Defenses.
(1)
It is a defense to prosecution under Subsection B that the minor was:
(a)
Accompanied by the minor's parent or guardian;
(b)
In a motor vehicle involved in interstate travel;
(c)
Engaged in any employment activity or going to or returning
home from an employment activity, without any detour or stop;
(d)
Involved in an emergency;
(e)
On the sidewalk abutting the minor's residence or abutting the
residence of a next door neighbor if the neighbor did not complain
to the Police Department about the minor's presence;
(f)
Attending an official school, religious, or other recreational
activity supervised by adults and sponsored by the City of Two Rivers,
a civic organization, a religious organization, or other similar entity
that takes responsibility for the minor, or going to or returning
home from, without any detour or stop, an official school, religious,
or other recreational activity, supervised by adults and sponsored
by the City of Two Rivers, a civic organization, or religious, organization
or another similar entity that takes responsibility for the minor;
(g)
Exercising first amendment rights protected by the United States
Constitution such as free exercise of religion, freedom of speech,
and the right of assembly; or
(h)
Married or had been married or had disabilities of minority
removed in accordance with Wisconsin law.
D.
Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent 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 has ascertained whether or not the apparent offender has been previously warned about violating this section and unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection C is present. Upon issuance of the first citation under this section, the law enforcement agency shall mail to the parent(s) or legal guardian of the minor a written notice advising the parent or legal guardian of the minor's arrest and also advising the parent or guardian that a second, or subsequent, violation will result in a citation being issued to the parent or guardian. Police officers may take into custody any minor who shall violate any provision of this chapter.
E.
Parental responsibility. Subject to the exceptions set forth in Subsection C of this section, it shall be unlawful for the parent or guardian of any person age 17 years or younger to knowingly or negligently by insufficient control allow such minor to congregate, loiter, wander, or play in or upon any public place between the hours of 11:00 p.m. and 5:00 a.m. of the following day, except on Friday nights and Saturday nights, when such restricted hours shall be from 12:00 midnight to 5:00 a.m. The officer shall not issue a citation or make an arrest under this section unless the officer has ascertained that the minor is receiving his/her second or subsequent citation, and a written notice of the minor's first citation had been mailed to the parent or guardian.
F.
Penalties.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(1)
A minor who violates a provision of this section is guilty of a separate
offense for each day or part of a day during which the violation is
committed, continued, or permitted. Each offense, upon conviction,
is punishable by a fine of $50, plus penalty assessment, jail assessment,
court costs and any other costs mandated by law.
(2)
A parent or guardian who violates a provision of this section is
guilty of a separate offense for each day or part of a day during
which the violation is committed, continued or permitted. Each offense,
upon conviction, is punishable by a fine not to exceed $500, plus
penalty assessment, jail assessment, court costs and any other costs
mandated by law.
G.
Severability. If any section or part of this section is adjudged
unconstitutional or invalid by any court of competent jurisdiction,
the remainder of this section shall not be affected thereby.
A.
No person may possess or attempt to possess tetrahydrocannabinols,
commonly known as "THC," in any form, including but not limited to
tetrahydrocannabinols that are contained in marijuana, obtained from
marijuana, or chemically synthesized, or any controlled substance
analog of tetrahydrocannabinols, unless the person obtains the substance
or the analog directly from or pursuant to a valid prescription or
order of a practitioner who is acting in the course of his or her
profession practice, or unless the person is otherwise authorized
by state statute to possess the substance or the analog.
B.
This section applies only to persons who do not have a previous conviction
for possession of tetrahydrocannabinols or for any other drug-related
offense, and only if the quantity of tetrahydrocannabinols is less
than eight grams at the time that it is weighed by law enforcement.
C.
A person who violates this section is subject to a forfeiture of
not less than $50 nor more than $1,000, and shall have their operating
privileges suspended for not less than six months nor more than five
years.
D.
A positive result for the presence of cannabinoids, using the Police
Department's approved field test, shall be prima facie evidence of
possession in this section.
A.
"Drug paraphernalia" as used in this section is defined as stated
in § 961.571, Wis. Stats., as revised or amended from time
to time.
B.
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 introduce
into the human body a controlled substance or controlled substance
analog in violation of Ch. 961, Wis. Stats.
C.
This section applies only to persons who do not have a previous conviction
for possession of drug paraphernalia or any other drug-related offense.
D.
All provisions of §§ 961.573(1) and (2), 961.50 and
938.344(2e), Wis. Stats., as revised or amended from time to time,
are hereby incorporated by reference.
E.
A person who violates any provision of this section is subject to
a forfeiture of not less than $50 nor more than $500 and shall have
his or her operating privileges suspended for not less than six months
nor more than five years.
A.
Definitions. For the purpose of this section, the following words
and phrases shall have the meanings given in this subsection:
- SALVIA DIVINORUM
- Any plant material which contains the active chemical principal called salvinorin A. Salvia divinorum, when smoked, produces effects similar to that of marijuana or synthetic cannabinoid on the user.
- SYNTHETIC CANNABINOID
- Includes those controlled substances or a controlled substance
analog of a controlled substance specified in Ch. 961, Wis. Stats.,
or any cannabinoid derivative or substance designed to mimic the physical,
psychological, intoxicating, narcotic or other side effects of marijuana.
Synthetic cannabinoids are commonly known as "K-2," "Spice," "Wicked
X," "White Widow," "Bullet," "Johnny Clearwater," or by other street
names.[Amended at time of adoption of Code (see Title 1, General Provisions, Ch. 1-1, Art. III)]
B.
Offenses. No person may possess, attempt to possess, possess with
the intent to deliver, or deliver/sell Salvia divinorum or any synthetic
cannabinoids without a valid prescription or order of a practitioner
who is acting in the course of his or her professional practice.
C.
Penalties.
(1)
Possession/use. Any person who shall violate any provision of this
section in relation to possession or use shall be subject to a forfeiture
of not less than $50 nor more than $1,000 and shall have their operating
privileges suspended for not less than six months nor more than five
years.
(2)
Possession with intent to deliver, sale or delivery. Any person who
shall violate any provision of this section in relation to possession
with intent to deliver, delivery or sales shall be subject to a forfeiture
of not less than $1,000 nor more than $3,000.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
