[HISTORY: Adopted by the City Council of the City of Two
Rivers (Title 9, Ch. 1, of the 1981 Code). Amendments noted where
applicable.]
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
The provisions of the following are adopted as a portion of
this chapter as far as they are applicable, except as otherwise provided
herein:
A.
Chapter
167, Wis. Stats., Safeguards of Persons and Property.
B.
Chapter
175, Wis. Stats., Miscellaneous Police Provisions.
C.
Chapter
287, Wis. Stats., Solid Waste Reduction, Recovery and Recycling.
D.
Chapter
939, Wis. Stats., Crimes–General Provisions.
E.
Chapter
940, Wis. Stats., Crimes Against Life and Bodily Security.
F.
Chapter
941, Wis. Stats., Crimes Against Public Health and Safety.
G.
Chapter
942, Wis. Stats., Crimes Against Reputation, Privacy and Civil Liberties.
H.
Chapter
943, Wis. Stats., Crimes Against Property.
I.
Chapter
944, Wis. Stats., Crimes Against Sexual Morality.
J.
Chapter
945, Wis. Stats., Gambling.
K.
Chapter
946, Wis. Stats., Crimes Against Government and Its Administration.
L.
Chapter
947, Wis. Stats., Crimes Against Public Peace.
M.
Chapter
948, Wis. Stats., Crimes Against Children.
N.
Chapter
951, Wis. Stats., Crimes Against Animals.
A.
The provisions of § 254.92, Wis. Stats., relating to purchase
or possession of tobacco products by persons under 18 years of age,
are hereby adopted by reference.
B.
The provisions of § 134.66, Wis. Stats., relating to sale
or gift of cigarettes or tobacco products to person under 18 years
of age, are hereby adopted by reference.
C.
Any person violating the terms of this section shall be subject to
a forfeiture of between $50 and $500, except as provided otherwise
herein. If the person violating this section has committed a previous
violation within 12 months, the forfeiture shall be not less than
$200 nor more than $500. Pursuant to § 134.66(4), Wis. Stats.,
upon determining that a violation has occurred, the Municipal Court
shall suspend any tobacco license or permit issued by the City to
the violator as follows:
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
(1)
For not more than three days, if the Municipal Court finds that the
person committed the violation within 12 months after committing one
previous violation;
(2)
For not less than three days nor more than 10 days, if the Municipal
Court finds that the person committed the violation within 12 months
after committing two other violations; or
(3)
Not less than 15 days nor more than 30 days, if the Municipal Court
finds that the person committed the violation within 12 months after
committing three or more other violations.
D.
Future amendments, revisions or modifications to the foregoing statutes
are also adopted by reference.
[Amended 10-21-2019]
A.
Definitions. As used in this section, the following terms shall have
the meanings indicated:
- ELECTRONIC SMOKING DEVICE
- Any product containing or delivering nicotine or any other
substance, whether natural or synthetic, intended for human consumption
through the inhalation of aerosol or vapor from the product. The term
electronic smoking device includes, but is not limited to, devices
manufactured, marketed, or sold as e-cigarettes, e-cigars, vape pens,
mods, tank systems, or under any other product name or descriptor,
and includes any component part of a product, whether or not marketed
or sold separately. "Electronic smoking device" shall not include
any device used for inhaling prescription medications.[Amended 11-18-2019]
- SMOKE
- To burn, hold, inhale, exhale or carry a lighted cigar, cigarette, pipe, or any other lighted smoking equipment.
- SMOKELESS TOBACCO
- Any tobacco which is used by means other than smoking.
B.
Smoking prohibited in enclosed spaces. The City of Two Rivers hereby
adopts and incorporates by reference § 101.123, Wis. Stats.,
as amended from time to time, prohibiting smoking in enclosed places
and further prohibits use of electronic smoking devices wherever smoking
is prohibited.
C.
Smoking on school property prohibited. No person may smoke or use
smokeless tobacco or an electronic smoking device on any property
owned or rented by, or under the control of, the Two Rivers Public
School District, except that the school board may allow the use of
tobacco products on premises owned by the school district and rented
to another person for noneducational purposes. The City of Two Rivers
hereby adopts and incorporates by reference § 120.12(20),
Wis. Stats., as amended from time to time, prohibiting tobacco on
school property.
D.
Careless smoking prohibited. Any person who, by smoking or attempting
to light or to smoke cigarettes, cigars, pipes, tobacco, electronic
smoking devices or any other product in any manner, shall through
carelessness, recklessness or negligence set fire to any building
or contents thereof so as to endanger life or property in any way
or to any extent shall be guilty of a violation of this section.
E.
Any person violating the terms of this section shall be subject to
a forfeiture of between $100 and $250, except as provided otherwise
herein.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
[Added 1-20-2020]
Disorderly conduct prohibited:
A.
General disorderly conduct. It shall be unlawful for a person to,
in a public or private place, engage in violent, abusive, indecent,
profane, boisterous, unreasonably loud or otherwise disorderly conduct
under circumstances in which the conduct tends to cause or provoke
a disturbance.
B.
Disorderly conduct causing bodily harm. It shall be unlawful for
a person to, in a public or private place, engage in violent, abusive,
or otherwise disorderly conduct under circumstances in which such
conduct tends to cause or provoke a disturbance or under circumstances
in which such conduct causes any bodily harm to the person of another.
