City of St. Francis, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of St. Francis as §§ 9.01, 9.02, 9.03, 9.05 to 9.07, 9.10, 9.11, 9.17, 9.18, 9.21, 9.25 to 9.27, 9.29 to 9.31, 9.40 and 9.50 of the 1981 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 115.
Alarm systems — See Ch. 170.
Amusements and amusement devices — See Ch. 175.
Animals — See Ch. 180.
Fireworks — See Ch. 249.
Intoxicating liquor and fermented malt beverages — See Ch. 273.
Curfew — See Ch. 303.
Nuisances — See Ch. 320.
Property maintenance — See Ch. 351.
Sales and vending — See Ch. 367.
A. 
The following statutes defining offenses against the peace and good order of the state are adopted by reference as they may be amended from time to time to define offenses against the peace and good order of the City, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under § 1-4 of this Code:
110.075(7)
Producing/using inspection sticker fraudulently
134.06
Motor vehicles sales/bonus to chauffeur prohibited
175.25
Illegal storage of junked vehicles
218.0146
Used cars/prohibited acts
218.0147
Motor vehicles/sale to minor
254.76
Careless smoking
254.92
Tobacco products to minors
285.30(2)
Pollution by motor vehicle/failure to repair
346.935
Drinking in motor vehicles on highway
968.075
Relating to no-contact prohibitions in domestic violence cases
B. 
There is hereby adopted by reference, as though fully set forth herein, exclusive of penalty provisions, all of Chs. 939 to 961, Wis. Stats., inclusive, as they may be amended from time to time.
[Amended 10-18-2011 by Ord. No. 1309; 8-21-2018 by Ord. No. 1434]
A. 
Adoption of state statutes. Except as otherwise specifically provided in this chapter, the following statutory provisions, exclusive of any regulations for which the statutory penalty is a fine or term of imprisonment, are hereby adopted and by reference made a part of this chapter as if fully set forth herein:
(1) 
Wisconsin Statutes § 167.31 relating to transporting of bows and firearms.
(2) 
Wisconsin Statutes § 175.60 relating to licenses to carry a concealed weapon.
(3) 
Wisconsin Statutes § 941.23 relating to the carrying of a concealed weapon.
(4) 
Wisconsin Statutes § 943.13 relating to certain trespassing actions while carrying or possessing a weapon or firearm.
(5) 
Wisconsin Statutes § 948.605 relating to gun-free school zones.
(6) 
Wisconsin Statutes § 167.30 relating to use of firearms, etc. near park, etc.
(7) 
Wisconsin Statutes § 941.2965 relating to restrictions on use of facsimile firearms.
(8) 
Wisconsin Statutes § 941.237 relating to carrying a handgun where alcohol beverages may be sold and consumed.
B. 
Retailers; firearms protected or secured while on display, in storage. It shall be unlawful for any person who is in the business of buying or selling firearms at retail to have such firearms in his possession or under his control, whether loaded or unloaded, on display unless he shall have provided at least the following security precautions and safeguards:
(1) 
When closed for business.
(a) 
Handguns shall be kept in a securely locked vault, safe or solid steel cabinet. As an alternative, handguns shall be equipped with a trigger-locking device (so that the weapon cannot be discharged) and kept in a locked display case.
(b) 
Shotguns, rifles and other long-barreled firearms shall be so secured in a key-locked rifle rack so that the weapon cannot be removed from such rack without first unlocking it. As an alternative, such weapons shall be secured in a rack (or rack-like device) with either a locking metal bar (3/8 inch diameter circular thickness minimum) or a locking metal cable (1/4 inch diameter circular thickness minimum of braided aircraft-type cable), such bar or cable inserted through the trigger of each weapon and padlocked to a stationary (1/4 inch minimum diameter) metal eyebolt (machine or lag screw type), so that the weapon cannot be removed from the rack without first unlocking such bar or cable.
(2) 
When open for business (except when showing a customer or at time or purchase). Handguns, shotguns, rifles and other long-barreled firearms shall be kept in a locked display case or shall be so secured as required in Subsection B(1) above.
(3) 
Ammunition shall be kept safely and securely out of reach of nonstore personnel, except when a customer is shown what type of ammunition a certain weapon requires or at time of purchase.
A. 
General. No person shall throw or shoot 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 City.
B. 
Hunting prohibited. It is unlawful for any person to hunt, whether on public or private property in the City, or go armed with any type of projectile for the purposes of hunting.
C. 
Exceptions. The above regulation does not include the shooting or discharging of implements used in archery practice or similar activities on properly supervised archery ranges or public areas set aside for that purpose by the Chief of Police.
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 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 to or egress from any place of business or amusement or any church, public hall or meeting place.
No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises which may annoy or disturb a person of ordinary sensibilities in or about any public street, alley or park or any private residence.
A. 
Loitering or prowling prohibited. 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 make it impracticable, a police or peace officer shall, prior to any arrest for an offense under this subsection, 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.
B. 
Obstruction of traffic by loitering. No person shall loiter upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public place within the City in such manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, alleys, sidewalks, street crossings or bridges or other public places by persons passing along and over the same. It shall be an offense under this subsection for a person to refuse to discontinue such loitering after a request to do so by a police officer.
C. 
Obstruction of entryways by loitering. No person shall loiter upon the public streets, private driveways or sidewalks or in adjacent doorways or entrances so as to obstruct the free entry of persons to the adjacent property, driveways, or other entrances to such property. It shall be an offense under this subsection for a person to refuse to discontinue such loitering after being requested to do so by a police officer.
D. 
Loitering in places of public assembly or use. No person shall by loitering interfere with the free use of any place of public assembly or public use by others using such place of public assembly. It shall be an offense under this subsection for a person to refuse to discontinue such loitering after a request to do so by a police officer or by the person in charge of the place of public assembly.
E. 
Loitering on private premises without invitation. No person shall loiter on any private premises without invitation from the owner or occupant. It shall be an offense under this subsection for a person to refuse to discontinue such loitering after being requested to do so by a police officer or by the owner or occupant.
F. 
No person shall do any of the following:
(1) 
In dwelling areas. Hide, wait or otherwise loiter in the vicinity of any private dwelling house, apartment building or any other place of residence with the unlawful intent to watch, gaze or look upon the occupants therein in a clandestine manner.
(2) 
In public rest rooms. Loiter in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.
(3) 
In schools. Loiter in or about any school or public place at or near which children or students attend or normally congregate. As used in this subsection, "loiter" means to delay, linger or idle in or about any such school or public place without a lawful purpose for being present.
(4) 
Lodging in public buildings. Lodge in any building, structure or place, whether public or private, without the permission of the owner or person entitled to possession or in control thereof.
(5) 
In restaurants, taverns or public buildings. Loiter in or about a restaurant, tavern or other public building. As used in this subsection, "loiter" means, without just cause, to remain in a restaurant, tavern or public building or to remain upon the property immediately adjacent thereto after being asked to leave by the owner or person entitled to possession or in control thereof.
(6) 
Soliciting. To loiter in or near any thoroughfare or place open to the public in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested is that such person is a known prostitute or panderer; repeatedly beckons to stop or attempts to stop or engages male or female passersby in conversation; or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture. The violator's conduct must be such as to demonstrate a specific intent to induce, entice, solicit or procure another to commit an act of prostitution. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trial that the explanation given was true and disclosed a lawful purpose. As used in this subsection, the following terms shall have the meanings indicated:
KNOWN PROSTITUTE OR PANDERER
A person who within one year previous to the date of arrest for violation of this subsection had within the knowledge of the arresting officer been convicted or an offense involving prostitution.
PUBLIC PLACE
An area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, and parking lots; automobiles, whether moving or not; buildings open to the general public, including those which serve food or drink or provide entertainment; and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
G. 
Begging. No person shall approach persons on private or public property, except as an agent or employee of a recognized and legitimate benevolent, religious or charitable organization, acting in the course of agency or employment, for the purpose of begging or soliciting funds or goods. Public property is an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, and parking lots; automobiles, whether moving or not; buildings open to the general public, including those which serve food or drink or provide entertainment; and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
[Amended 12-19-2006 by Ord. No. 1229]
A. 
General.
(1) 
No person shall cause to be placed any glass, refuse, waste, filth or other litter upon the streets, alleys, highways, public parks or other property of the City or upon any private property or upon the surface of any body of water within the City.
(2) 
In the case of continuing deliveries to or hauling from a premises or site, which activity creates litter for the greater part of the day, special permission may be granted to remove such litter by 6:00 p.m. of each day. If the litter is caused by construction work, the general contractor and the owner of the premises or site shall be responsible for its cleanup.
B. 
Unlawful dumping.
(1) 
No person shall deposit or cause to be deposited, dump, sort, scatter or leave any rubbish, trash, stones, wire, earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper, liquid, snow, ice, grass, leaves, twigs, shrubs, construction waste, garbage or other material of any sort in any public street or alley, upon any public property or upon any private property, vacant or occupied, or in any private trash receptacle or dumpster except with express permission of the owner.
(2) 
If the dumping of snow and ice on private property occurs at the instance of or with the express permission of the owner of such private property, it shall not constitute unlawful dumping pursuant to Subsection B(1).
No person shall resist or interfere with any officer of the City while such officer is doing any act in his official capacity and with lawful authority, nor shall any person refuse to assist an officer in carrying out his duties when so requested by the officer.
[Amended 5-21-2013 by Ord. No. 1345]
A. 
No person shall intentionally dial the emergency telephone number "911" or any secondary emergency phone numbers to report an emergency to City departments knowing that in fact the situation which he or she reports does not exist.
B. 
No person shall intentionally dial the emergency telephone number "911" or any secondary emergency phone numbers for purposes of communication not relating to the reporting of an actual emergency.
C. 
No parent, guardian or other adult person having the care and custody of a person under the age of 18 years shall suffer or permit or by inefficient control allow such person to violate any of the above.
It shall be unlawful for any person to make or assist in making any riot, noise, or disturbance in the City of St. Francis or to aid or countenance any disorderly assemblage.
No person shall within the City be habitually drunk or intoxicated so as to disturb the good order and quiet of the City or be found in any public place within the City in such a state of intoxication that he is unable to care for his own safety or for the safety of others.
A. 
Definitions. For the purpose of this section, certain words and terms are defined as follows:
ARCHIVES
A place in which public or institutional records are systematically preserved.
LIBRARY
The St. Francis Public Library.
LIBRARY MATERIAL
Includes any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, artifacts or other documentary, written or printed materials, regardless of physical form or characteristics, belonging to, on loan to or otherwise in the custody of the library.
B. 
Possession without consent prohibited. Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of possession of the material may be subject to a forfeiture as provided by § 1-4 of this Code.
C. 
Concealment. The concealment of library material beyond the last station for borrowing library material in the library is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library's procedure or taken with consent of a library official, agent or employee and which is concealed upon the person or among the belongings of the person or concealed by a person upon the person or among the belongings of another person is evidence of intentional concealment on the part of the person so concealing the material.
D. 
Detention based upon probable cause. An official or adult employee or agent of a library who has probable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer, or to the person's parent or guardian in the case of a minor. The detained person shall be promptly informed of the purpose of the detention and be permitted to make telephone calls but shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. Compliance with this subsection allows the official, agent or employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.
E. 
Damaging material prohibited. No person shall mar, deface or in any way damage or mutilate any library material.
F. 
Return demanded. No person shall fail, on demand, to return any library material when such demand has been made in accordance with the rules and regulations duly made and adopted by the library. Failure to return library materials shall subject such person to fine as required by the St. Francis Public Library. Failure to pay such fine shall constitute violation of this section.
Whoever does any of the following is in violation of this section:
A. 
Enters any enclosed public land without the express or implied consent of the person in charge of such land. Such occurs when the area is posted as such or any public activity has ceased in such area.
B. 
Enters or remains on any public land or in any public building after having been notified by a person in charge of such area or any peace officer. A person has received notice within the meaning of this section if he has been notified personally, either orally or in writing, or if the area is posted in a manner that would reasonably put a person on notice.
C. 
Enters a locked and enclosed public building.
It is unlawful for any person to have in his possession up to 25 grams of marijuana, as defined in § 961.01(14), Wis. Stats., subject to the exceptions in § 961.41(3g), Wis. Stats., except any person who is charged with possession of more than 25 grams of marijuana, or who is charged with possession of any amount of marijuana following a conviction for the possession of marijuana, shall not be charged under this section.
[Amended 10-4-2005 by Ord. No. 1200]
A. 
Definitions. In this section, the following terms shall have the meanings indicated:
GRAFFITI
Any inscription, word, figure or design marked, scratched, etched, burned, drawn or painted with spray paint, liquid paint, ink, chalk, dye, or other similar substance or action capable of marking on buildings, fences, structures and similar places without the express permission of the owner or operator of the property.
SPRAY PAINT
Any container, regardless of the material from which it is made, which is made or adapted for the purpose of spraying paint.
WIDE-TIPPED MARKER
Any indelible marker or similar implement with a tip which, at its broadest width, is 1/4 inch or greater.
B. 
Prohibited conduct.
(1) 
Sale of spray paint and wide-tipped markers to minors. No person, firm or corporation, except a parent or legal guardian, employer, school, school district, teacher, or other person authorized to supervise minors, may sell or give away or in any way furnish spray paint or wide-tipped markers to any person under the age of 18.
(2) 
Possession of spray paint and wide-tipped markers. No person under the age of 18 may possess spray paint or wide-tipped markers in a public or private place, without the express permission of the owner or operator of the property.
C. 
Display of spray paint and wide-tipped markers. Every person who owns, conducts, operates or manages a retail commercial establishment selling spray paint or wide-tipped markers shall:
(1) 
Place a sign in clear public view at or near the display of such products stating: "Graffiti is against the law. The defacing of public or private property is punishable by a fine of up to $1,000, restitution, removal of graffiti, and other punishment as a court may decide."
(2) 
Place a sign in the direct view of persons responsible for accepting customer payment for spray paint and wide-tipped markers stating: "Selling spray paint or wide-tipped markers to persons under 18 years of age is against the law. Violators can be fined up to $1,000."
(3) 
Display such paint or markers in such a manner as to make them inaccessible to a customer present in the area allocated for customer use without assistance from any employee of that establishment.
(4) 
Display such items such that, if a person chooses not to comply with the display requirements set forth in Subsection C(3), mirrors, cameras or personnel can readily observe customers during all times such establishment is open to the public.
D. 
Penalty. In addition to any other penalties provided in this Code, a judge may order a person found guilty of violating this section to remove graffiti, make restitution, or perform community service or make other orders as the court may deem appropriate.
E. 
Removal of graffiti.
(1) 
The owner of any property which has been marked by graffiti shall remove the marking within 10 days of notice to remove the marking issued by the Police Department.
(2) 
Penalty. Any person who fails to comply with Subsection E(1) shall be subject to a forfeiture of not more than $50 for each day the marking is not removed following expiration of the time limit in the order.
(3) 
The Common Council hereby creates the City of St. Francis Anti-Graffiti Trust Fund. Within the limitations of state statutes, all penalties assessed against violators of this section shall be deposited in this fund along with any donations received from persons wishing to contribute to the fund. The Common Council shall direct the expenditures of the fund; however, all such expenditures shall be limited to graffiti removal expenses, the expenses incurred in administering this section and such other public purposes as may be approved by the Common Council from time to time.
It shall be unlawful for any person to provide false, incorrect, or misleading information on any application, permit, license, or similar document provided to the City.
A. 
Definitions. In this section, the following terms shall have the meanings indicated:
LASER POINTER
Any hand-held device that emits light amplified by the stimulated emissions of radiation which is visible to the human eye.
PERSON
Any individual, firm, partnership, corporation or association.
B. 
Prohibited use. No person may intentionally and without good cause direct a beam from a laser pointer at any part of the body of another individual.
C. 
Sales to minors. No person, except a parent or legal guardian, employer, teacher or other person authorized to supervise minors, may sell or give away or in any way furnish a laser pointer to any person under the age of 18.
D. 
Possession by minors. No person under the age of 18 may possess a laser pointer in a public or private place, without the express permission of the owner or operator of the property.
E. 
Retail sales regulations. Each person that owns, conducts, operates or manages a retail commercial establishment selling laser pointers shall:
(1) 
Place a sign in direct view of persons responsible for accepting customer payment for laser pointers stating the provisions of Subsections B, C and D of this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Display laser pointers in one of the following ways:
(a) 
Display laser pointers in such a manner as to make them inaccessible to a customer present in the area allocated for customer use without assistance from an employee of the establishment.
(b) 
Display laser pointers in such a manner that cameras or personnel can readily observe customers during all times the establishment is open to the public. Observation by personnel may be facilitated by mirrors.
A. 
Definitions. As used in this section the following terms shall have the meanings indicated:
(1) 
Matches.
(2) 
Lighters.
(3) 
Any other materials when used for the purposes of ignition.
MINOR
Shall be defined in the same manner as Ch. 990, Wis. Stats., as it may be amended from time to time.
B. 
Possession prohibited. No minor may possess any ignition device, unless under the direct supervision of an adult.
C. 
Delivery prohibited. No person may sell, give or deliver any ignition device to a minor.
D. 
Confiscation. Any ignition devices possessed by a minor may be confiscated by a peace officer. Such may be destroyed by order of a court of competent jurisdiction.
E. 
Penalty. In addition to any other penalties provided for in this Code, the judge of any court of competent jurisdiction may order any person found guilty of violating this section to attend any educational programs as the court deems appropriate and include as part of the penalty therein that such person pay the costs of such educational program.
[Added 4-4-2006 by Ord. No. 1213]
A. 
Definitions. As used in this section, the following terms shall have the meaning indicated:
FINANCIAL AND CHECK CASHING INSTITUTION
Any organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan associations and credit unions, and any businesses existing for the primary purpose of cashing checks or money orders in exchange for a fee.
RETAIL ESTABLISHMENT
An establishment providing retail sale of new products to the public and rendering services incidental to the sale of such products, including but not limited to sale of art supplies and picture frames, art works, auto parts, baked goods, bicycles, books, newspapers and magazines, collectibles, dry goods, notions and novelties, flowers and plants, food and beverages, gasoline, furniture and floor coverings, hardware, hobbies, toys and games, household goods, jewelry, luggage, major appliances, music, records, compact discs and tapes, paint and wallpaper, pets, pharmaceutical products, photo equipment and processing, sewing apparatus, sporting goods, stationery, tobacco products and wearing apparel. This term includes, but is not limited to, a grocery store, specialty food store, antique store, liquor store, butcher shop, delicatessen, portrait studio, furniture or appliance rental establishment or video rental or sales business, adult bookstore, lumberyard, building supply or home improvement center, garden center or secondhand store.
B. 
Procedure.
(1) 
The Chief of Police may notify the premises owner as defined above in writing that the owner is required to install a security camera to the standard set forth in this section. The premises owner shall have 60 days from the date of notification to install a security camera. This notice shall be deemed to be properly delivered if sent either by first-class mail to the premises owner's last known address or if delivered in person to the premises owner. If the premises owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the premises owner's usual place of abode in the presence of some competent member of the family at least 14 years of age or a competent adult currently residing there and who shall be informed of the contents of the notice. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by first-class mail to the last known address of the owner as identified by records of the Commissioner of Assessments. This notice shall contain:
(a) 
The street address or legal description sufficient for identification of the premises.
(b) 
A description of the crimes that have occurred at the premises.
(c) 
A statement that the premises owner may, within 10 days of the date of the service of the notice, appeal to the Chief of Police.
(2) 
Install and maintain in proper working order and operate during all hours the store is open to customers a security camera which can produce a retrieval image on reproducible film or tape or digital color images.
(a) 
The camera shall be placed to provide a clear and identifiable full frame of the filmed individual's face, either entering, exiting or at the cash register. Hanging displays shall not obstruct views of the individual's face.
(b) 
If a time-lapse video recorder is operated, recorded images shall not be recorded at a slower speed than 24 hours.
(c) 
Recorded tapes or digital image files shall be kept for a minimum of 72 hours.
[Added 8-7-2007 by Ord. No. 1239; amended 7-21-2020 by Ord. No. 1467]
A. 
Findings. The Mayor and Common Council of the City of St. Francis, Milwaukee County, Wisconsin, do hereby find as follows and adopt such findings as their legislative history for the provisions hereinafter enacted:
(1) 
The Wisconsin Statutes provide for the punishment, treatment and supervision of persons convicted or otherwise responsible for sex crimes against children, including their release into the community.
(2) 
Chapter 980, Wis. Stats., provides for the civil commitment of sexually violent persons, a more dangerous type of sex offender, and specifically, in § 980.08, Wis. Stats., following such commitment, under certain conditions, provides for the supervised release of such persons into the community.
(3) 
The City of St. Francis places a high priority on maintaining public safety through highly skilled and trained law enforcement as well as dependency upon laws that deter and punish criminal behavior.
(4) 
Sex offenders have very high recidivism rates, and according to a 1998 report by the United States Department of Justice, sex offenders are the least likely to be cured and the most likely to reoffend and prey on the most innocent members of our society. In addition, more than 2/3 of the victims of rape and sexual assault are under the age of 18, and sex offenders have a dramatically higher recidivism rate for their crimes than any other type of violent felon.
(5) 
The Common Council has been advised by staff counsel of the findings of a number of the legislatures of these United States, including Wisconsin, and including but not limited to Pennsylvania, Alabama, Iowa, Florida, Maine, and Louisiana, as they pertain to laws adopted which relate to and in part impose restrictions upon sex offenders with respect to residency.
(6) 
The Common Council has also been advised of the decision of the United States Court of Appeals for the 8th Circuit, in Doe v. Miller, 405 F.3d 700, 716 (8th Cir. 2005), providing in part: "The record does not support a conclusion that the Iowa General Assembly and the Governor acted based merely on negative attitudes toward, fear of, or a bare desire to harm a politically unpopular group [citation omitted]. Sex offenders have a high rate of recidivism, and the parties presented expert testimony that reducing opportunity and temptation is important to minimizing the risk of re-offense. Even experts in the field could not predict with confidence whether a particular sex offender will reoffend, whether an offender convicted of an offense against a teenager will be among those who 'cross over' to offend against a younger child, or the degree to which regular proximity to a place where children are located enhances the risk of re-offense against children. One expert in the district court opined that it is just 'common sense' that limiting the frequency of contact between sex offenders and areas where children are located is likely to reduce the risk of an offense [citation omitted]. The policymakers of Iowa are entitled to employ such 'common sense,' and we are not persuaded that the means selected to pursue the State's legitimate interest are without rational basis."
(7) 
The Common Council desires to codify in this Code, in furtherance of the protection of the safety of its citizens and to be responsible to its own citizens, the declaration by the Secretary of the Wisconsin Department of Health and Family Services and the Secretary of the Wisconsin Department of Corrections dated October 27, 2006, that Wisconsin law is now explicit; no sexually violent person may be placed on supervised release in a residence in the City unless that individual is from the City.
(8) 
The Common Council, having considered a proposed amendment to this Code to provide residency restrictions for sex offenders and child safety zones to further protect children, and upon all of the records and files and reports and proceedings pertaining to the subject matter, and all of the prior actions and experience of the City of St. Francis in protecting the community from sexually violent persons, finds the proposed amendments will serve to protect the health, safety and welfare of the community.
B. 
Purpose and intent.
(1) 
The purpose of this section is not to impose a "criminal penalty," but instead to address the City of St. Francis' compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated number wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residency.
(2) 
Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who prey on children are sexual predators who present a particular threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims that are never reported, and are prosecuted for only a fraction of their offenses. This makes the cost of sexual offender victimization to society at large while incalculable, clearly exorbitant.
C. 
Definitions. As used in this section and unless the context clearly indicates a different meaning, the following terms shall have the meanings indicated:
BOARD
The Sex Offender Residency Board established under § 338-20K of this Code.
CHILD
A person under the age of 16 years.
CITY
The City of St. Francis, Wisconsin.
DESIGNATED OFFENDER
Any person who is required to register under § 301.45, Wis. Stats., for any sexual offense against a child, or any person who is required to register under § 301.45, Wis. Stats., and who has been designated a special bulletin (SBX) sex offender pursuant to § 301.46(2) and (2m), Wis. Stats.
MINOR
A person under the age of 18 years.
PERMANENT RESIDENCE
A place where the designated offender lodges or resides for 14 or more consecutive days.
PROHIBITED ACTIVITY
Participation in a holiday event involving minors. Holiday events in which the designated offender is the parent or guardian of the minors involved, and no nonfamilial minors are present, are exempt from the definition of "prohibited activity." A designated offender participates in a prohibited activity by taking part in the event which shall include, without limitation, distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or within the month immediately preceding Christmas, or wearing an Easter Bunny costume on or in the month immediately preceding Easter Sunday.
PROHIBITED LOCATION
Any licensed day-care center; school for preschool-, elementary- or middle-school-aged children; park; designated trail; playground; or place of worship within the City of St. Francis. The City Administrator shall maintain an official map showing the prohibited locations and safety zones within the City. The City Administrator shall update the map at least annually to reflect any changes in the prohibited locations and safety zones. The map shall be available in the office of the City Administrator and posted on the City website.
SAFETY ZONE
Any real property in the City that supports or upon which there exists any facility used for or that supports a school for minors, a public park, a park facility, a designated trail or any other prohibited location, including any sidewalks or lawn immediately adjacent to such prohibited location.
TEMPORARY RESIDENCE
Either:
(1) 
A place where the designated offender abides, lodges or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address; or
(2) 
A place where the designated offender routinely abides, lodges or resides for a period of four or more consecutive or nonconsecutive days in any month and that is not the designated offender's permanent residence.
D. 
Residency restrictions.
(1) 
A designated offender shall not establish a permanent residence or temporary residence within the City within 1,500 feet of a prohibited location.
(2) 
For purposes of this section, the minimum distance requirement established under this section shall be measured by following a straight line from the closest point of the outer property boundary line of the real property of the permanent residence or temporary residence of a designated offender to the nearest outer property line of a prohibited location. If any portion of a tax parcel contains a prohibited location, the entire tax parcel shall be considered a prohibited location. If any portion of a tax parcel would constitute a prohibited location of residence under § 338-20C, the entire tax parcel shall be considered a prohibited location of residence.
(3) 
Residency restriction exceptions. A person residing within 1,500 feet of a prohibited location as defined in Subsection C above shall not be deemed to be in violation of this section if any of the following apply:
(a) 
Subject to § 338-20I of this Code, the designated offender established the permanent residence or temporary residence and reported and registered the residence pursuant to § 301.45, Wis. Stats., before the initial effective date of the relevant provision of this § 338-20 and the designated offender has resided in such permanent residence or temporary residence continuously since the effective date of this chapter, except for temporary absences of no more than 30 consecutive days.
(b) 
The designated offender is a minor and is not required to register under §§ 301.45 and/or 301.46, Wis. Stats.
(c) 
The prohibited location situated within 1,500 feet of the person's permanent residence was opened or established after the designated offender established the permanent residence and reported and registered such residence pursuant to § 301.45, Wis. Stats.
(d) 
The residence is also the primary residence of the designated offender's parents, grandparents, siblings, spouse, child or children and such parent, grandparent, sibling, spouse, child or children established their residence at least two years before the designated offender established residence at that location. The designated offender, however, shall be prohibited from residing in such location if a victim of an offense giving rise to the designated offender's designation also resides at the residence and is a minor unless the designated offender is on probation or parole and residing with the victim is approved, in writing, by the probation or parole officer; and if not on probation or parole, such location is prohibited unless approved, in writing, by the St. Francis Chief of Police, based upon a finding that the circumstances of the offense, the designated offender, the victim, and all relevant information in the matter substantially eliminates the risk of reoffense against the victim.
(e) 
The designated offender is exempt under the provisions of § 338-20J of this Code.
(f) 
The designated offender has been granted, and is acting in accordance with, a waiver under § 338-20K of this Code.
(4) 
Original domicile restriction. In addition to the foregoing residency restrictions, but subject to the provisions of § 338-20K of this Code, no designated offender and no individual who has been convicted of, or adjudicated delinquent for, or been found guilty by reason of mental disease or defect of, a sexually violent offense and/or a crime against children shall be permitted to reside in the City of St. Francis unless such person was domiciled in the City of St. Francis at the time of the offense resulting in the person's most recent conviction for committing the sexually violent offense and/or crime against children. The original domicile provisions of this § 338-20D(4) shall not be deemed to apply after 10 years have passed from the date of the most recent offense giving rise to the designated offender designation if such offense was not a Class A felony against a child.
E. 
Safety zones.
(1) 
No designated offender shall enter or be present upon or within a safety zone, except as provided in Subsection G(2), below:
(2) 
Safety zone exceptions. A designated offender who enters upon, or who is present upon or within, a safety zone does not commit a violation of this section if any of the following apply:
(a) 
The property also supports a church, synagogue, mosque, temple or other house of religious worship, subject to the following conditions:
[1] 
The designated offender's entrance and presence upon the property occurs only during hours of worship or other religious program/service as posted to the public; and
[2] 
The person shall not participate in any religious education programs which include minors.
(b) 
The property also supports a use lawfully attended by the designated offender's natural or adopted child/children, which child/children's use reasonably requires the attendance of the designated offender as the child/children's parent upon the property, subject to the following condition:
[1] 
The designated offender's entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public.
(c) 
The property also supports a school lawfully attended by the designated offender, or a child of the designated offender, as a student, and under such circumstances, the designated offender may enter upon the property supporting such school as reasonably required for the educational purposes of the designated offender or his or her child.
(d) 
The property also supports a court, government office or room for public governmental meetings, subject to all of the following conditions:
[1] 
The designated offender is on the property only to transact business at the government office or place of business, other than a public library, or to attend an official meeting of a governmental body; and
[2] 
The designated offender leaves the property immediately upon completion of the business or meeting.
F. 
Prohibited activity. No designated offender shall participate in a prohibited activity in violation of this § 338-20.
G. 
Property owners prohibited from renting real property to certain designated offenders and sexual predators; notification requirements.
(1) 
Property owner restrictions. It shall be unlawful for any owner(s) of real property in the City of St. Francis to lease or rent any place, structure, mobile home, trailer or any part thereof with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing a permanent residence or temporary residence therein pursuant to this section, if such place, structure, mobile home, trailer or any part thereof is located within a prohibited location of a residence as defined in this section.
(2) 
Notice to Chief of Police. A designated offender, and any owner(s) of real property who leases or rents any place, structure, mobile home, trailer or any part thereof with the knowledge that it will be used as a permanent residence or temporary residence by any person who is a designated offender, must each notify the City of St. Francis Police Chief, in writing, a minimum of 14 days prior to establishing either a permanent residence or temporary residence within the City. In addition, any property owner who has leased or rented any place, structure, mobile home, trailer or any part thereof as a permanent residence or temporary residence by any person who is a designated offender, at any time during a calendar year, shall report, in writing, to the Police Chief as to the status of the leasing or renting by the designated offender, including, without limitation, the names of all designated offenders who lease or rent any portion of such place, structure, mobile home, trailer or any part thereof as of December 1 of such calendar year, the remaining lease term under the current lease for each designated offender, and if a designated offender no longer leases or rents such place, structure, mobile home, trailer or any part thereof, the date said designated offender no longer leased or rented such place. All such information shall be provided, in writing, to the Police Chief on or before December 31 of each calendar year.
(3) 
Notice to property owner. A designated offender shall notify any property owner(s) from whom the designated offender intends to lease or rent any place, structure, mobile home, trailer or any part thereof, that the designated offender is a designated offender, as defined in this section, prior to entering into any lease or rental arrangement.
H. 
Exception for placements under Ch. 980, Wis. Stats. To the extent required by § 980.135, Wis. Stats., and notwithstanding the foregoing provisions of this § 338-20, the City of St. Francis hereby exempts and may not enforce any portion hereof that restricts or prohibits a designated offender from residing at a certain location or that restricts or prohibits a person from providing housing to a designated offender against an individual who is released under § 980.08, Wis. Stats., or against a person who provides housing to such individual, so long as the individual is subject to supervised release under Ch. 980, Wis. Stats., the individual is residing where he or she is ordered to reside under § 980.08, Wis. Stats., and the individual is in compliance with all court orders issued under Ch. 980, Wis. Stats.
I. 
Petition for exemption; Sex Offender Residency Board established.
(1) 
Designated offenders may seek an exemption from the provisions of this section by petitioning to the Sex Offender Residency Board ("Board").
(2) 
The Board shall consist of three residents of the City. Members shall be appointed by the Mayor, subject to approval by the Common Council. Members shall serve for a term of three years and shall serve not more than two consecutive terms. The terms for the initial members of the Board shall be staggered with one member serving one year, a second serving two years and the third serving three years.
(3) 
From time to time, the Board shall approve an official petition form, which shall be available on the City's website and the office of the City Clerk/Treasurer.
(4) 
The designated offender seeking an exemption must complete the approved petition form and submit it to the City Clerk/Treasurer, who shall forward it to the Board. The Board shall hold a hearing on each petition without unreasonable delay. Such hearing shall be open to the public.
(5) 
During the hearing on any petition, the petitioner shall appear in person, but may be represented by an attorney at their option. The Board may review any pertinent information and accept oral or written statements from any person. The Board shall base its decision on the information those statements presented during the hearing based on factors related to the City's interest in promoting, protecting and improving the health, safety and welfare of the community as set forth in this section, while giving due consideration to other applicable factors. Other applicable factors for the Board's consideration shall include, but are not limited to:
(a) 
Nature of the offense that resulted in offender status.
(b) 
Date of offense.
(c) 
Age at time of offense.
(d) 
Recommendation of probation or parole officer.
(e) 
Recommendation of Police Department.
(f) 
Recommendation of any treating practitioner.
(g) 
Counseling, treatment and rehabilitation status of offender.
(h) 
Remorse of offender.
(i) 
Duration of time since offender's incarceration.
(j) 
Support network of offender.
(k) 
Relationship of offender and victim(s).
(l) 
Presence or use of force in offense(s).
(m) 
Adherence to terms of probation or parole.
(n) 
Proposals for safety assurances of offender.
(o) 
Conditions to be placed on any exception from the requirements of this section.
(6) 
The Board shall decide by majority vote whether to grant, conditionally grant, or deny an exemption. An exemption may be unconditional or limited to a certain address or time. The Board's decision shall be final for purposes of any appeal. A written copy of the decision shall be provided to the designated offender, the City Administrator, and the City of St. Francis Police Department.
J. 
Severability. If any section, paragraph, sentence, clause or phrase of this section is declared unconstitutional or invalid for any reason, or be repealed, it shall not affect the validity of this section as a whole, or any part thereof, other than the part so declared to be invalid or repealed.
K. 
Penalties and remedies.
(1) 
Forfeitures. Any person who shall violate any provision of this section or any regulation, rule or order made herein shall be subject to a forfeiture of not less than $100 nor more than $500 for each offense, plus statutory costs and assessments. Each day a violation continues shall constitute a separate offense. Neither the issuance of a citation or the imposition of forfeiture hereunder shall preclude the City from seeking or obtaining any or all other legal and equitable remedies to prevent or remove a violation of this section.
(2) 
Injunction. If a designated offender establishes a residence in violation of this section, or enters or is present upon or within a safety zone in violation of this section, the City may, in addition to pursuing all other rights and remedies available at law or this section, bring an action in the name of the City in the circuit court to seek a temporary restraining order, temporary injunction, or an injunction to permanently enjoin the violation as a public nuisance or to take any action or prevent any action necessary for compliance with the terms of this section.
L. 
Continuation. The provisions of this section, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of this § 338-20, or any amendments hereto, are intended and hereby declared as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall be from the date of the first adoption of such provisions.
[Added 7-6-2010 by Ord. No. 1289]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ASSISTED-LIVING FACILITY
A community-based residential facility, as defined in § 50.01(1g), a residential care apartment complex, as defined in § 50.01(1d), or an adult family home, as defined in § 50.01(1)(b), Wis. Stats.
CORRECTIONAL FACILITY
A jail, as defined in § 165.85(2)(bg), a Huber facility under § 303.09, a work camp under § 303.10, a reforestation camp under § 303.07, or a lockup facility under § 302.30, Wis. Stats.
DAY-CARE CENTER
Has the meaning given in § 49.136(1)(d), Wis. Stats.[2]
EDUCATIONAL FACILITY
Any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that has been approved or licensed by a state agency or board.
EMPLOYMENT
Notwithstanding § 101.01(5), Wis. Stats., "employment" means any trade, occupation, or process of manufacture or any method of carrying on such trade, occupation, or process of manufacture in which any person may be engaged.
ENCLOSED PLACE
A structure or area that has all of the following:
(1) 
A roof.
(2) 
More than two substantial walls.
INPATIENT HEALTH CARE FACILITY
A hospital, as defined in § 50.33 (2), a county home established under § 49.70, a county infirmary established under § 49.72, a nursing home, as defined in § 50.01(3), a hospice, as defined in § 50.90(1), a Wisconsin veterans home under § 45.50, , Wis. Stats. or a treatment facility.
LODGING ESTABLISHMENT
Any of the following:
(1) 
A bed-and-breakfast establishment, as defined in § 254.61(1), Wis. Stats.
(2) 
A hotel, as defined in § 254.61(3), Wis. Stats.
(3) 
A tourist rooming house, as defined in § 254.61(6), Wis. Stats.
PERSON IN CHARGE
The person, or his or her agent, who ultimately controls, governs or directs the activities aboard a public conveyance or at a location where smoking is prohibited or regulated under this section.
PLACE OF EMPLOYMENT
Notwithstanding § 101.01(11), Wis. Stats., "place of employment" means any enclosed place that employees normally frequent during the course of employment, including an office, a work area, an elevator, an employee lounge, a restroom, a conference room, a meeting room, a classroom, a hallway, a stairway, a lobby, a common area, a vehicle, or an employee cafeteria.
PRIVATE CLUB
A facility used by an organization that limits its membership and is organized for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose.
PUBLIC CONVEYANCE
A mass transit vehicle as defined in § 340.01(28m), a school bus as defined in § 340.01(56), Wis. Stats. or any other device by which persons are transported, for hire, on a highway or by rail, water, air, or guide wire within this state, but does not include such a device while providing transportation in interstate commerce.
PUBLIC PLACE
Any enclosed place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited.
RESTAURANT
An establishment as defined in § 254.61(5), Wis. Stats.
RETAIL ESTABLISHMENT
Any store or shop in which retail sales is the principal business conducted.
RETAIL TOBACCO STORE
A retail establishment that does not have a Class B intoxicating liquor license or a Class B fermented malt beverages license and that generates 75% or more of its gross annual income from the retail sale of tobacco products and accessories.
SMOKING
Burning or holding, or inhaling or exhaling smoke from, any of the following items containing tobacco:
(1) 
A lighted cigar.
(2) 
A lighted cigarette.
(3) 
A lighted pipe.
(4) 
Any other lighted smoking equipment.
SPORTS ARENA
Any stadium, pavilion, gymnasium, swimming pool, skating rink, bowling center, or other building where spectator sporting events are held.
STATE INSTITUTION
A mental health institute, as defined in § 51.01(12), a center for the developmentally disabled, as defined in § 51.01(3), or a secure mental health facility at which persons are committed under § 980.06, Wis. Stats.
SUBSTANTIAL WALL
A wall with an opening that may be used to allow air in from the outside that is less than 25% of the wall's surface area.
TAVERN
An establishment, other than a restaurant, that holds a Class B intoxicating liquor license or Class B fermented malt beverages license.
TOBACCO BAR
A tavern that generates 15% or more of its annual gross income from the sale on the tavern premises, other than from a vending machine, of cigars and tobacco for pipes.
TOBACCO PRODUCT
Any form of tobacco prepared in a manner suitable for smoking but not including a cigarette.
TREATMENT FACILITY
A publicly or privately operated inpatient facility that provides treatment of alcoholic, drug dependent, mentally ill, or developmentally disabled persons.
TYPE 1 JUVENILE CORRECTIONAL FACILITY
Has the meaning given in § 938.02(19), Wis. Stats.
[2]
Editor's Note: Section 49.136(1)(d) was repealed and renumbered by 2009 Wisconsin Act 185.
B. 
Prohibition against smoking.
(1) 
Except as provided in Subsection C, no person may smoke in any of the following enclosed places:
(a) 
The state capitol.
(b) 
Residence halls or dormitories owned or operated by a college or university.
(c) 
Day-care centers.
(d) 
Educational facilities.
(e) 
Inpatient health care facilities.
(f) 
Theaters.
(g) 
Correctional facilities.
(h) 
State institutions.
(i) 
Restaurants.
(j) 
Taverns.
(k) 
Private clubs.
(l) 
Retail establishments.
(m) 
Common areas of multiple-unit residential properties.
(n) 
Lodging establishments.
(o) 
State, county, City, village, or town buildings.
(p) 
All enclosed places, other than those listed in subds. 1. to 8r. (subds. 1g. to 8r.),[3] that are places of employment or that are public places.
[3]
Editor's Note: See § 101.123, Wis. Stats.
(2) 
No person may smoke at any of the following outdoor locations:
(a) 
In the immediate vicinity of the state capitol.
(b) 
Anywhere on the premises of a day-care center when children who are receiving day-care services are present.
(c) 
Anywhere on the grounds of a Type 1 juvenile correctional facility.
(d) 
A location that is 25 feet or less from a residence hall or dormitory that is owned or operated by the Board of Regents of the University of Wisconsin System.
(3) 
No person may smoke in any of the following:
(a) 
A sports arena.
(b) 
A bus shelter.
(c) 
A public conveyance.
(4) 
Responsibility of persons in charge.
(a) 
No person in charge may allow any person to smoke in violation of Subsection B at a location that is under the control or direction of the person in charge.
(b) 
A person in charge may not provide matches, ashtrays, or other equipment for smoking at the location where smoking is prohibited.
(c) 
A person in charge shall make reasonable efforts to prohibit persons from smoking at a location where smoking is prohibited by doing all of the following:
[1] 
Posting signs setting forth the prohibition and providing other appropriate notification and information concerning the prohibition.
[2] 
Refusing to serve a person, if the person is smoking in a restaurant, tavern, or private club.
[3] 
Asking a person who is smoking to refrain from smoking and, if the person refuses to do so, asking the person to leave the location.
(d) 
If a person refuses to leave a location after being requested to do so as provided in Subsection B(4)(c)[3], the person in charge shall immediately notify an appropriate law enforcement agency of the violation.
(e) 
A person in charge may take measures in addition to those listed in pars. Subsection B(4)(b) and (c) to prevent persons from being exposed to others who are smoking or to further ensure compliance with this section.
C. 
Exceptions. The prohibition against smoking in Subsection B(1) does not apply to the following:
(1) 
A private residence.
(2) 
A room used by only one person in an assisted-living facility as his or her residence.
(3) 
A room in an assisted-living facility in which two or more persons reside if every person who lives in that room smokes and each of those persons has made a written request to the person in charge of the assisted-living facility to be placed in a room where smoking is allowed.
(4) 
A retail tobacco store that is in existence on June 3, 2009, and in which only the smoking of cigars and pipes is allowed.
(5) 
A tobacco bar that is in existence on June 3, 2009, and in which only the smoking of cigars and pipes is allowed.
D. 
Penalties.
(1) 
Any person who violates Subsection B shall be subject to a forfeiture of not less than $100 nor more than $250 for each violation.
(2) 
Except as provided in Subsection D(2)(a) or (b), any person in charge who violates Subsection B(4)(b) to (d) shall be subject to a forfeiture of $100 for each violation.
(a) 
For violations subject to the forfeiture under Subsection D(2), if the person in charge has not previously received a warning notice for a violation of Subsection B(4)(b) to (d), law enforcement officer shall issue the person in charge a warning notice and may not issue a citation.
(b) 
No person in charge may be required under Subsection D(2) to forfeit more than $100 in total for all violations of Subsection B(4)(b) to (d) occurring on a single day.
E. 
Injunction. Notwithstanding § 165.60, Wis. Stats., state or local officials or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of this section.
[1]
Editor's Note: Former § 338-21, Violations and penalties, was redesignated § 338-30 7-6-2010 by Ord. No. 1288.
[Added 7-6-2010 by Ord. No. 1290; amended 5-1-2012 by Ord. No. 1320]
A. 
Definitions. When used in this section, the following words shall mean:
ARTICLE
Any item of value other than jewelry.
AUCTIONEER
An individual who is registered as an auctioneer under Ch. 480 of the Wisconsin Statutes and who sells secondhand articles or secondhand jewelry at an auction, as defined in § 480.01(1) of the Wisconsin Statutes.
BILLABLE TRANSACTION
Every reportable transaction conducted by a pawnbroker and secondhand article and secondhand jewelry dealer except renewals, redemptions or extensions of existing transactions on items previously reported and continuously in the licensee's possession, voided transactions, and confiscations.
CHARITABLE ORGANIZATION
A corporation, trust or community chest, fund or foundation, organized and operated exclusively for religious, charitable, scientific, literary or educational purposes or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual.
CUSTOMER
A person with whom a transaction is conducted by a pawnbroker, secondhand article dealer or secondhand jewelry dealer, or an agent thereof, who engages in a transaction of purchase, sale, receipt, or exchange of any secondhand article.
JEWELRY
Any tangible personal property ordinarily wearable on the person and consisting in whole or in part of any metal, mineral or gem customarily regarded as precious or semiprecious.
PAWNBROKER
Any person who engages in the business of lending money on the deposit or pledge of any article or jewelry, or purchasing any article or jewelry with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price.
SECONDHAND
Property owned by any person, except a wholesaler, retailer, or secondhand article dealer or secondhand jewelry dealer licensed under § 134.71 of the Wisconsin Statutes or a local ordinance pursuant to such statute, immediately before the transaction at hand.
SECONDHAND ARTICLE DEALER
Any person, other than an auctioneer, who primarily engages in the business of purchasing or selling secondhand articles, except when engaging in any of the following:
(1) 
Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show or a convention.
(2) 
Any transaction entered into by a person while engaged in a business for which the person is licensed under sub. (2) or (4)[1] or while engaged in the business of junk collector, junk dealer or scrap processor as described in § 70.995(2)(x) of the Wisconsin Statutes.
(3) 
Any transaction while operating as a charitable organization or conducting a sale the proceeds of which are donated to a charitable organization.
(4) 
Any transaction between a buyer of a new article and the person who sold the article when new which involves any of the following:
(a) 
The return of the article.
(b) 
The exchange of the article for a different, new article.
(5) 
Any transaction as a purchaser of a secondhand article from a charitable organization if the secondhand article was a gift to the charitable organization.
(6) 
Any transaction as a seller of a secondhand article which the person bought from a charitable organization if the secondhand article was a gift to the charitable organization.
SECONDHAND JEWELRY DEALER
Any person, other than an auctioneer, who engages in the business of any transaction consisting of purchasing, selling, receiving or exchanging secondhand jewelry, except for the following:
(1) 
Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show or a convention.
(2) 
Any transaction with a licensed secondhand jewelry dealer.
(3) 
Any transaction entered into by a person while engaged in a business of smelting, refining, assaying or manufacturing precious metals, gems or valuable articles if the person has no retail operation open to the public.
(4) 
Any transaction between a buyer of new jewelry and the person who sold the jewelry when new which involves any of the following:
(a) 
The return of the jewelry.
(b) 
The exchange of the jewelry for different, new jewelry.
[1]
Editor's Note: See the definition of "secondhand article dealer" in § 134.71(1)(g), Wis. Stats., which definition contains reference to "sub. (2) or (4)" ("license for pawnbroker" and "license for secondhand jewelry dealer," respectively).
B. 
License required.
(1) 
No person may operate as a pawnbroker, secondhand article dealer or secondhand jewelry dealer unless the person first obtains a pawnbroker, secondhand article dealer or secondhand jewelry dealer license under this section; provided, however, that a person who holds a valid license as a secondhand article dealer or a secondhand jewelry dealer may operate anywhere in the state as provided in § 134.71(3)(a) and (4)(a) of the Wisconsin Statutes.
(2) 
A person wishing to operate as pawnbroker, secondhand article dealer or secondhand jewelry dealer and have a principal place of business in the City shall apply for a license to the City Clerk. The Clerk shall furnish application forms approved by the Police Department that shall require all of the following:
(a) 
The applicant's name, place and date of birth, residence address, and residence addresses for the ten-year period prior to the date of the application.
(b) 
The name and address of the business and of the owner of the business premises.
(c) 
Whether the applicant is a natural person, corporation, limited liability company, or partnership, and:
[1] 
If the applicant is a corporation, the state where incorporated and the names and addresses of all officers and directors.
[2] 
If the applicant is a partnership, the names and addresses of all partners.
[3] 
If the applicant is a limited liability company, the names and addresses of all members.
[4] 
The name, place and date of birth, residence address, and residence addresses for the ten-year period prior to the date of the application of the manager or proprietor of the business.
[5] 
The name, address and date of birth of all employees of the business.
[6] 
Any other information that the Clerk may reasonably require.
(d) 
A statement as to whether the applicant, including an individual, agent, officer, director, member, partner, manager, or proprietor, has been convicted of any crime, statutory violation punishable by forfeiture, or county or municipal ordinance violation. If so, the applicant must furnish information as to the time, place, and offense of all such convictions.
(e) 
Whether the applicant or any other person listed in Subsection B(2)(d) above has ever used or been known by a name other than the applicant's name, and, if so, the name or names used and information concerning dates and places used.
(f) 
Whether the applicant or any other person listed in Subsection B(2)(d) above has previously been denied or had revoked or suspended a pawnbroker, secondhand article dealer or secondhand jewelry dealer license from any other governmental unit. If so, the applicant must furnish information as to the date, location, and reason for the action.
(3) 
Investigation of license applicant. The Police Department shall investigate each applicant and any other person listed in Subsection B(2)(c) to determine whether any such person has been convicted within the preceding 10 years of a felony or within the preceding 10 years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation and, if so, the nature and date of the offense and the penalty assessed. The Department shall furnish the information derived from that investigation in writing to the City Clerk. The investigation shall include each agent, officer, member, partner, manager, proprietor or employee.
(4) 
License issuance.
(a) 
The Common Council shall grant the license if all of the following apply:
[1] 
The applicant, including an individual, a partner, a member of a limited liability company, a manager, a proprietor, or an officer, director, or agent of any corporate applicant, has not been convicted within the preceding 10 years of a felony or within the preceding 10 years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation in which the circumstances of the felony, misdemeanor or other offense substantially relate to the circumstances of being a pawnbroker, secondhand jewelry dealer, secondhand article dealer or secondhand article dealer mall or flea market owner.
[2] 
With respect to an applicant for a pawnbroker, the applicant shall provide to the City Clerk a bond of $500 with not less than two sureties for the observation of all municipal ordinances or state or federal laws relating to pawnbrokers. The bond must be in full force and effect at all times during the term of the license.
(b) 
No license issued under this subsection may be transferred.
(c) 
Each license is valid from January 1 until the following December 31.
(d) 
Display of license. Each license issued under this section shall be displayed in a conspicuous place visible to anyone entering a licensed premises.
(e) 
License fees. The annual license fees for licenses issued under this chapter shall be found in the current schedule of fees on file with the City Clerk.
C. 
Pawnbroker and dealer requirements.
(1) 
Identification. No pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer without first securing adequate identification from the customer. At the time of the transaction, the pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to present one of the following types of identification:
(a) 
A county identification card.
(b) 
A state identification card.
(c) 
A valid Wisconsin motor vehicle operator's license.
(d) 
A valid motor vehicle operator's license, containing a picture, issued by another state.
(e) 
A military identification card.
(f) 
A valid passport.
(g) 
An alien registration card.
(h) 
A senior citizen's identification card containing a photograph.
(i) 
Any identification document issued by a state or federal government, whether or not containing a picture, if the pawnbroker, secondhand article dealer or secondhand jewelry dealer obtains a clear imprint of the customer's right index finger.
(2) 
Transactions with minors.
(a) 
Except as provided in Subsection C(2)(b), no pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from any minor.
(b) 
A pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction described under Subsection C(2)(a) if the minor is accompanied by his or her parent or guardian at the time of the transaction or if the minor provides the pawnbroker, secondhand article dealer or secondhand jewelry dealer with the parent's or guardian's written consent to engage in the particular transaction.
(3) 
Records.
(a) 
Except as provided in Subsection C(3)(b), for each transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to complete and sign, in ink, the appropriate form provided under Subsection E. No entry on such a form may be erased, mutilated or changed. The pawnbroker, secondhand article dealer or secondhand jewelry dealer shall retain an original and a duplicate of each form for not less than one year after the date of the transaction except as provided in Subsection C(5), and during that period shall make the duplicate available to any law enforcement officer for inspection at any time that the pawnbroker's, secondhand article dealer's, or secondhand jewelry dealer's principal place of business is open to the public or at any other reasonable time.
(b) 
For every secondhand article purchased, received or exchanged by a secondhand article dealer from a customer off the secondhand article dealer's premises or consigned to the secondhand article dealer for sale on the secondhand article dealer's premises, the secondhand article dealer shall keep a written inventory. In this inventory, the secondhand article dealer shall record the name and address of each customer, the date, time and place of the transaction and a detailed description of the article that is the subject of the transaction, including the article's serial number and model number, if any. The customer shall sign his or her name on a declaration of ownership of the secondhand article identified in the inventory and shall state that he or she owns the secondhand article. The secondhand article dealer shall retain an original and a duplicate of each entry and declaration of ownership relating to the purchase, receipt or exchange of any secondhand article for not less than one year after the date of the transaction except as provided in Subsection C(5), and shall make duplicates of the inventory and declarations of ownership available to any law enforcement officer for inspection at any time that the secondhand article dealer's principal place of business is open to the public or at any other reasonable time.
(c) 
Every secondhand article dealer shall on a weekly basis prepare a list that contains the name and address of each customer of the secondhand article dealer during the week for which the list was prepared, the date, time, and place of each transaction with each of those customers, and a detailed description of the secondhand article, including the secondhand article's serial number and model number, if any. The secondhand article dealer shall retain the list for not less than one year after the date on which the list was prepared. The secondhand article dealer shall make the list available to any law enforcement officer for inspection at any time that the secondhand article dealer's principal place of business is open to the public or at any other reasonable time.
(d) 
As an alternative to submission of written forms under this section, the Chief of Police may, in his or her discretion, require the submission of information in a computerized record approved by the Police Department including, but not limited to, the following:
[1] 
A complete and accurate description of each item, including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item.
[2] 
The purchase price, amount of money loaned upon, or pledged therefor.
[3] 
The maturity date of the transaction and the amount due, including monthly and annual interest rates and all pawn fees and charges.
[4] 
Date, time and place the item of property was received by the licensee, and the unique alpha and/or numeric transaction identifier that distinguishes it from all other transactions in the licensee's records.
[5] 
Full name, current residence address, current residence telephone number, date of birth and accurate description of the person from whom the item of the property was received, including sex, height, weight, race, color of eyes and color of hair.
[6] 
The identification number(s) and issuing agency for the identification obtained in compliance with Subsection C(1) of this section.
[7] 
A copy of the signature of the person identified in the transaction.
[8] 
Photographic or video standards. The licensee must also take a color photograph or color video recording of:
[a] 
Each customer involved in a billable transaction.
[b] 
Every item a pawnbroker, secondhand article dealer or secondhand jewelry dealer has purchased that does not have a unique serial or identification number permanently engraved or affixed.
[c] 
If a still photograph is taken, it must be at least two inches in length by two inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which they relate. Such photographs must be available to the Chief of Police, or the Chief's designee, upon request. The major portion of the photograph must include an identifiable facial image of the person who pawned or sold the item. Items photographed must be accurately depicted. The licensee must inform the person that he or she is being photographed by displaying a sign of sufficient size in a conspicuous place in the premises. If a video is recorded, the video camera must focus on the person pawning or selling the item so as to include an identifiable image of that person's face. Items photographed by video must be accurately depicted. Video recordings must be electronically referenced by time and date so they can be readily matched and correlated with all other records of the transaction to which they relate. The licensee must inform the person that he or she is being videotaped by displaying a sign of sufficient size in a conspicuous place on the premises. The licensee must keep the exposed videotape for three months.
(e) 
Digitized photographs. Photographs and videos submitted by licensees must be in color and submitted as digital images, in a format specified by the Chief of Police, electronically cross-referenced to the reportable transaction they are associated with. Renewals, extensions, redemptions and confiscations. For renewals, extensions, redemptions and confiscations, the licensee shall provide the original transaction identifier, the date of the current transaction, and the type of transaction.
(f) 
Daily reports to police. Effective no later than 30 days after request by the Police Department, the licensee shall submit each transaction to the police department on a daily basis using the NEWPRS software. Licensees must provide to the police department all transaction information by transferring it from their computer to the NEWPRS System via the Internet using the current version of the NEWPRS software. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the issuing authority.
[1] 
The licensee must display a sign of sufficient size, in a conspicuous place in the premises, which informs patrons that all transactions are reported to the Police Department daily.
[2] 
If a licensee is unable to successfully transfer the required reports via the Internet for that day, the licensee must provide the Police Department, upon request, printed copies of all reportable transactions along with the video recording(s) for that date, by noon the next business day;
[3] 
If the problem is determined to be in the licensee's system or with the licensee's Internet connection, and is not corrected by the close of the first business day following the failure, the licensee must continue to provide the required reports as detailed in Subsection C(3)(f), and shall be charged a reporting failure penalty of $100, daily, until the error is corrected; or
[4] 
If the problem is determined to be outside the licensee's system, the licensee must continue to provide the required reports in this section, and resubmit all such transactions via the Internet when the error is corrected.
[5] 
If a licensee is unable to capture, digitize or transmit the photographs required under this section, the licensee must immediately take all required photographs with a still camera, cross-reference the photographs to the correct transaction, and make the pictures available to the Police Department upon request.
[6] 
Regardless of the cause or origin of the technical problems that prevented the licensee from uploading their reportable transactions, upon correction of the problem, the licensee shall upload every reportable transaction from every business day the problem had existed.
(g) 
Receipt required. Every licensee must provide a receipt to the party identified in every reportable transaction and must maintain a duplicate of that receipt for three years. The receipt must include at least the following information:
[1] 
The name, address and telephone number of the licensed business.
[2] 
The date and time the item was received by the licensee.
[3] 
Whether the item was pawned or sold, or the nature of the transaction.
[4] 
An accurate description of each item received including, but not limited to, any trademark, identification number, serial number, model number, brand name, or other identifying mark on such an item.
[5] 
The signature or unique identifier of the licensee or employee that conducted the transaction.
[6] 
The amount advanced or paid.
[7] 
The monthly and annual interest rates, including all pawn and secondhand article dealer's fees and charges.
[8] 
The last regular day of business by which the item must be redeemed by the pledger without risk that the item will be sold, and the amount necessary to redeem the pawned item on that date.
[9] 
The full name, current residence address, current residence telephone number, and date of birth of the pledger or seller.
[10] 
The identification number and state of issue from any of the forms of identification permitted under this section.
[11] 
Description of the pledger or seller including approximate sex, height, weight, race, color of eyes and color of hair.
[12] 
The signature of the pledger or seller.
(h) 
Inspection of records. Records must at all reasonable times be open to inspection by the Police Department. Data entries shall be retained for at least three years from the date of transaction. Entries of required digital images shall be retained a minimum of 90 days.
(4) 
Holding period.
(a) 
Except as provided in Subsection C(4)(f), any secondhand article or secondhand jewelry purchased or received by a pawnbroker shall be kept on the pawnbroker's premises or other place for safekeeping for not less than 30 days after the date of purchase or receipt, unless the person known by the pawnbroker to be the lawful owner of the secondhand article or secondhand jewelry recovers it.
(b) 
Except as provided in Subsection C(4)(f), any secondhand article purchased or received by a secondhand article dealer shall be kept on the secondhand article dealer's premises or other place for safekeeping for not less than 21 days after the date of purchase or receipt.
(c) 
Except as provided in Subsection C(4)(f), any secondhand jewelry purchased or received by a secondhand jewelry dealer shall be kept on the secondhand jewelry dealer's premises or other place for safekeeping for not less than 21 days after the date of purchase or receipt.
(d) 
During the period set forth in Subsection C(4)(a), (b), or (c), the secondhand article or secondhand jewelry shall be held separate and apart and may not be altered in any manner. The pawnbroker, secondhand article dealer, or secondhand jewelry dealer shall permit any law enforcement officer to inspect the secondhand article or secondhand jewelry during this period. Within 24 hours after a written request of a law enforcement officer during this period, a pawnbroker, secondhand article dealer, or secondhand jewelry dealer shall make available for inspection any secondhand article or secondhand jewelry that is kept off the premises for safekeeping. Any law enforcement officer who has reason to believe any secondhand article or secondhand jewelry was not sold or exchanged by the lawful owner may direct a pawnbroker, secondhand article dealer, or secondhand jewelry dealer to hold that secondhand article or secondhand jewelry for a reasonable length of time that the law enforcement officer considers necessary to identify it.
(e) 
Subsection C(4)(a) to (e) does not apply to any of the following:
[1] 
A coin of the United States, any gold or silver coin or gold or silver bullion.
[2] 
A secondhand article or secondhand jewelry consigned to a pawnbroker, secondhand article dealer or secondhand jewelry dealer.
(f) 
During any holding period required under this subsection, the article shall be held separate from salable inventory and may not be altered in any manner. The pawnbroker, secondhand article dealer or secondhand jewelry dealer shall permit any law enforcement officer to inspect the article during this period upon request. Any item that is not on the premises shall be made available by a licensee within 24 hours after a request of a law enforcement officer during this period.
(5) 
Report to law enforcement agency. Within 24 hours after purchasing or receiving a secondhand article or secondhand jewelry, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall make available, for inspection by a law enforcement officer, the original form completed under Subsection C(3)(a) or the inventory under Subsection C(3)(b), whichever is appropriate. Notwithstanding § 19.35(1), Wis. Stats., a law enforcement agency receiving the original form or inventory or a declaration of ownership may disclose it only to another law enforcement agency.
(6) 
Exception for customer return or exchange. Nothing in this subsection applies to the return or exchange, from a customer to a secondhand article dealer or secondhand jewelry dealer, of any secondhand article or secondhand jewelry purchased from the secondhand article dealer or secondhand jewelry dealer.
(7) 
Secondhand article dealer mall or flea market.
(a) 
The owner of any premises or land upon which two or more persons operate as secondhand article dealers may obtain a secondhand article dealer mall or flea market license for the premises or land if the following conditions are met:
[1] 
Each secondhand article dealer occupies a separate sales location and identifies himself or herself to the public as a separate secondhand article dealer.
[2] 
The secondhand article dealer mall or flea market is operated under one name and at one address, and is under the control of the secondhand article dealer mall or flea market license holder.
[3] 
Each secondhand article dealer delivers to the secondhand article dealer mall or flea market license holder, at the close of business on each day that the secondhand article dealer conducts business, a record of his or her sales that includes the location at which each sale was made.
(b) 
The secondhand article dealer license holder and each secondhand article dealer operating upon the premises or land shall comply with Subsection C.
D. 
License revocation. A governing body of a county or municipality may revoke any license issued by it under this section for fraud, misrepresentation or false statement contained in the application for a license or for any violation of this section or §§ 943.34, 948.62 or 948.63, Wis. Stats.
E. 
Applications and forms. Applications and other forms provided by the Department of Agriculture, Trade and Consumer Protection from time to time shall be utilized to comply with the requirements of this section.
F. 
Miscellaneous restrictions.
(1) 
Inspection of items. At all times during the terms of the license, the licensee must allow law enforcement officials to enter the premises where the licensed business is located, including all off-site storage facilities, during normal business hours, except in an emergency, for the purpose of inspecting such premises and inspecting the items, ware and merchandise and records therein to verify compliance with this section or other applicable laws.
(2) 
Label required. Licensees must attach a label to every item at the time it is pawned, purchased or received in inventory from any reportable transaction. Permanently recorded on this label must be the number or name that identifies the transaction in the shop's records, the transaction date, the name of the item and the description or the model and serial number of the item as reported to the Police Department, whichever is applicable, and the date the item is out of pawn and secondhand article dealers or can be sold, if applicable. Labels shall not be reused.
(3) 
No person under the age of 18 years may pawn or sell or attempt to pawn or sell goods with any pawnbroker, secondhand article dealer or secondhand jewelry dealer, nor may any pawnbroker, secondhand article dealer or secondhand jewelry dealer receive any goods from a person under the age of 18 years, except as permitted by Subsection C(2)(b).
(4) 
No licensee may receive any goods from a person of unsound mind or an intoxicated person.
(5) 
No licensee may receive any item of property that possesses an altered or obliterated serial number or identification number or any item of property that has had its serial number removed.
(6) 
No person may pawn, pledge, sell, consign, leave, or deposit any article of property not his/her own; nor shall any person pawn, pledge, sell, consign, leave, or deposit the property of another, whether with permission or without; nor shall any person pawn, pledge, sell, consign, leave, or deposit any article of property in which another has a security interest; with any licensee.
(7) 
No person seeking to pawn, pledge, sell, consign, leave, or deposit any article of property with any licensee shall give a false or fictitious name; nor give a false date of birth; nor give a false or out-of-date address of residence or telephone number; nor present a false or altered identification, or the identification of another; to any licensee.
(8) 
Business at only one place. A license under this chapter authorizes the licensee to carry on its business only at the permanent place of business designated in the license. The licensee may as part of the original application or by submission of an amended application from time to time request approval of an off-site locked and secured storage facility. The licensee shall permit inspection of the facility in accordance with this section. All provisions of this section regarding recordkeeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all provisions of the City Code. The licensee must either own the building in which the business is conducted, and any approved off-site storage facility, or have a lease on the business premises that extends for more than six months.
G. 
Penalty.
(1) 
Upon conviction for a first offense under this section, a person shall forfeit not less than $50 nor more than $1,000.
(2) 
Upon conviction for a second or subsequent offense under this section, a person shall forfeit not less than $500 nor more than $2,000.
[Added 1-18-2011 by Ord. No. 1296]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
DELIVER
Has the same meaning given in § 961.01(6), Wis. Stats., with respect to a controlled substance or controlled substance analog.
DISTRIBUTE
Has the same meaning given in Section 961.01(9) Wis. Stats. with respect to a controlled substance or controlled substance analog.
B. 
Prohibited sales, use and possession. It shall be illegal for any person to possess, sell, publicly display for sale or attempt to sell, give, deliver, distribute, or barter any one or more of the following chemicals whether under the common street or trade name of "Spice," "K2," "Genie," "Yucatan Fire," "Blaze," "Red X Dawn," "Zohia," "fake," or "new" marijuana, or by any other name, label or description:
(1) 
(6aR, 10aR)-9-(hydroxymethyl)-6, 6dimethyl-3(2methyloctan-2-yl) – 6a, 7, 10, 10a – tetrahydrobenzo[c]chromen-1-ol; some trade or other names: HU-210;
(2) 
1-Pentyl-3-(1-naphythoy) indole; some trade or other names: JWH-018/spice;
(3) 
1-Butyl-3-(1-naphythoy1) indole; some trade or other names: JWH-073;
(4) 
1-(3[trifluoromethylphenyl]) piperazine; some trade or other names: TFMPP;
(5) 
2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl) phenol (CP 47,497); or
(6) 
Any similar structural analogs.
C. 
Exception. The prohibitions set forth herein do not apply to any person who commits an act described in this section pursuant to the direction or prescription of a licensed physician or dentist authorized to direct or prescribe such act.
D. 
Penalties. Any person violating this section shall be subject to a forfeiture of not less than $100, nor more than $1,500.
[Added 11-19-2019 by Ord. No. 1456]
A. 
Findings; intent; purpose.
(1) 
The purpose of this section is to protect the public health, safety and welfare of the property and persons in the City by prohibiting persons under 18 years of age from possessing vapor and nontobacco smoking products, prohibiting the sale of vapor products to persons under 18 years of age, and prohibiting the use of vapor products in buildings owned by the City of St. Francis.
(2) 
Persons under age 18 are prohibited by law from purchasing or possessing cigarettes and other tobacco products, and retailers are prohibited from selling them to minors. Tobacco-less products, however, commonly referred to as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarillos," "e-pipes," "e-hookahs," or "electronic nicotine delivery systems," allow the user to simulate cigarette smoking. Absent local regulation, these products may be purchased by minors and are being marketed without age restrictions or health warnings and come in different flavors that appeal to young people.
(3) 
E-cigarettes, and similar devices, are a relatively new nicotine delivery system. While devices vary in their appearance and specific method of operation, they have several basic elements in common. A solution of water, dissolved nicotine, and other ingredients (usually flavoring) is heated with a heating element (usually battery-powered) and vaporizes the nicotine solution, which passes into a mouthpiece and is inhaled in a manner similar to more traditional methods of smoking. Often, glycerol or propylene glycol is added to the solution to give the appearance of smoke when the solution is vaporized. The concentration of nicotine contained in the solution can be customized by the retailer to the buyer's specifications, and many manufacturers make nicotine-free solutions.
(4) 
The production and distribution of e-cigarettes is not currently regulated by federal or state authorities, and the U.S. Food and Drug Administration has not completed testing of these products. However, initial studies by the FDA have determined that e-cigarettes can increase nicotine addiction among young people and contain chemical ingredients known to be harmful, which may expose users and the public to potential health risks.
(5) 
The use of e-cigarettes and similar devices has increased significantly in recent years.
(6) 
Existing studies on electronic smoking devices' vapor emissions and cartridge contents have found a number of dangerous substances including:
(a) 
Chemicals known to cause cancer such as formaldehyde, acetaldehyde, lead, nickel and chromium;
(b) 
PM 2.5, acrolein, tin, toluene, and aluminum, which are associated with a range of negative health effects such as skin, eye, and respiratory irritation, neurological effects, damage to reproductive systems, and even premature death from heart attacks and stroke.
(7) 
Some cartridges used by electronic smoking devices can be refilled with liquid nicotine solution, creating the potential for exposure to dangerous concentrations of nicotine.
(8) 
Clinical studies about the safety and efficacy of these products have not been submitted to the FDA for the over 400 brands of electronic smoking devices that are on the market and, for this reason, consumers have no way of knowing whether electronic smoking devices are safe, what types of potentially harmful chemicals the products contain, and what dose of nicotine the products deliver.
(9) 
Electronic smoking devices often mimic conventional tobacco products in shape, size, and color, with the user exhaling a smoke-like vapor similar in appearance to the exhaled smoke from cigarettes and other conventional tobacco products.
(10) 
The use of electronic smoking devices in smoke-free locations threatens to undermine compliance with smoking regulations and reverses the progress that has been made in establishing a social norm that smoking is not permitted in public places and places of employment.
(11) 
Nontobacco smoking products, including but not limited to cigarettes made from industrial hemp, are also significant health hazards due to their intended use involving the inhalation of combustion products of plant material which contains numerous known toxins and carcinogens.
(12) 
It is the intent of the Common Council, in enacting this section, to provide for the public health, safety and welfare by facilitating uniform and consistent enforcement of smoke-free air laws; by reducing the potential for renormalizing smoking in public places and places of employment; by reducing the potential for children to associate the use of electronic smoking devices and nontobacco smoking products with a normative or healthy lifestyle; and by prohibiting the sale or distribution of electronic smoking devices and nontobacco smoking products to minors.
(13) 
Therefore, the Common Council finds that prohibiting the sale, giving, or furnishing of vapor products and nontobacco smoking products to minors; prohibiting the purchase, possession, or use of vapor products and nontobacco smoking products by minors; and prohibiting the use of vapor products and nontobacco smoking products in buildings owned by the City is in the public's best interest and will promote public health, safety, and welfare.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
MINOR
An individual who is less than 18 years of age.
NONTOBACCO SMOKING PRODUCT
Any product not containing tobacco that is designed to be ignited and the combustion products inhaled, including, but not limited to, industrial hemp cigarettes and loose industrial hemp packaged and marketed for smoking.
PERSON WHO SELLS VAPOR PRODUCTS AT RETAIL
A person whose ordinary course of business consists, in whole or in part, of the retail sale of vapor products.
PUBLIC PLACE
A public street, sidewalk, or park or any area open to the general public in a publicly owned or operated building or premises, or in a public place of business or school.
USE OF A VAPOR PRODUCT OR NONTOBACCO SMOKING PRODUCT
To suck, inhale, ignite, or otherwise consume a vapor product or nontobacco smoking product.
VAPOR PRODUCT
Any product containing or delivering nicotine, lobelia, or any other substance that is designed for, or capable of being used by, a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from such product. "Electronic delivery device" shall also include any component part of such a product, whether or not sold separately. "Electronic delivery device" shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes and being marketed and sold solely for that approved purpose.
C. 
Prohibited conduct, minors and students.
(1) 
Consistent with § 254.92, Wis. Stats., no minor shall do any of the following within the City of St. Francis:
(a) 
Purchase or attempt to purchase a vapor product or nontobacco smoking product;
(b) 
Possess or attempt to possess a vapor product or nontobacco smoking product;
(c) 
Use a vapor product or nontobacco smoking product in a public place; or
(d) 
Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a vapor product or nontobacco smoking product.
(2) 
No person, regardless of age, enrolled in any grade from kindergarten through 12th grade, may possess or attempt to possess a tobacco product, nontobacco smoking product, or vapor product while on school property.
(3) 
Any person who violates Subsection C(2) shall be subject to the following penalties:
(a) 
For the first violation, a forfeiture of not more than $50 together with costs of prosecution.
(b) 
For a second and subsequent violation within 12 months, a forfeiture of $75 together with costs of prosecution.
D. 
Exceptions.
(1) 
Subsection C of this section shall not be construed to apply to a minor participating in any of the following:
(a) 
An undercover operation in which the minor purchases or receives a vapor product or nontobacco smoking product under the direction of the minor's employer and with the prior approval of the St. Francis Police Department as part of an employer-sponsored internal enforcement action.
(b) 
An undercover operation in which the minor purchases or receives a vapor product or nontobacco smoking product under the direction and supervision of a law enforcement agency.
(2) 
Subsection C does not apply to the handling or transportation of a vapor product or nontobacco smoking product by a minor under the terms of that minor's employment.
E. 
Furnishing to minors. Consistent with § 134.66, Wis. Stats.:
(1) 
No person in the City of St. Francis shall sell, give or furnish any vapor product or nontobacco smoking product to a minor, including, but not limited to, through a vending machine. Any person who violates this subsection is subject to a fine of up to $100 together with the costs of prosecution for each violation.
(2) 
Subsection E(1) does not apply to the handling or transportation of a tobacco product, nontobacco smoking product, or vapor product by a minor under the terms of the minor's employment.
(3) 
No person selling, offering for sale, giving, or furnishing a vapor product or nontobacco smoking product shall transfer a vapor product or nontobacco smoking product to any person without first verifying that the intended recipient of such product is at least 18 years of age by doing one of the following:
(a) 
Examining a government-issued photographic identification that establishes that the individual is at least 18 years of age; or
(b) 
For sales made by the internet or other remote sales method, performing an age verification through an independent, third-party age verification service that compares information available from a commercially available database, or aggregate of databases, that is regularly used by government agencies and businesses for the purpose of age and identity verification of the personal information entered by the individual during the ordering process that establishes that the individual is 18 years of age or older.
(4) 
Any person selling, or offering for sale, any vapor product or nontobacco smoking product shall post a sign in areas within his or her premises where such products are sold to consumers stating that the sale of any vapor product or nontobacco smoking product to a person under the age of 18 is prohibited under this § 338-24.
F. 
Prohibition concerning city buildings. No person shall use a vapor product or nontobacco smoking product in any building owned by the City of St. Francis.
G. 
Penalties. Except as otherwise specifically provided, any person violating this section shall be subject to a forfeiture of not less than $100 nor more than $500 for each violation together with the costs of prosecution if the person has not committed a violation within the preceding 12 months; and not less than $200 nor more than $500 for each violation together with the costs of prosecution if the person has committed a violation within the preceding 12 months.
[Amended 7-1-2008 by Ord. No. 1259;[1] 7-6-2010 by Ord. No. 1288]
Except where another penalty is provided herein, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code. In addition to any penalty imposed for violation of § 943.01(1), Wis. Stats., any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent of any unemancipated minor child who violates § 943.01(1), Wis. Stats., may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.
[1]
Editor's Note: Section 338-30, Violations and penalties, was designated § 338-21 at the time of enactment of this amendment.