Village of Saukville, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Saukville 12-17-1985 by Ord. No. 389 as Ch. 18 of the 1985 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, § 1-19.
Mass public assemblies — See Ch. 64.
Nuisances — See Ch. 129.
Parade permits — See Ch. 133.
[Amended by Ord. No. 490; Ord. No. 499; 6-1-2010 by Ord. No. 708; 1-8-2019 by Ord. No. 791]
The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the Village, provided that the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under § 1-19 of this Code. An offense may be cited either by reference to this section followed by the state statute number or by reference to the alternate code section number set forth following the offense title.
State Statute
Section Number
Offense Title
Alternate Code
Section Number
101.123(2)
Smoking Prohibited
101.123(2m)
Smoking Prohibited: Responsibility of Persons in Charge
110.075(7)
Producing/Using Inspection Sticker Fraudulently
134.06
Motor Vehicles Sales/Bonus to Chauffeur Prohibited
134.66
Restrictions on Sale or Gift of Cigarettes or Tobacco Products
134.71(8)
Violations by Secondhand Dealers
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
Purchase or Possession of Tobacco Products Prohibited
285.30(6)
Pollution by Motor Vehicle/Tampering with Pollution Control System
939.05
Parties to Crime
140.1(A)
939.22
Words and Phrases Defined
939.32
Attempt
140.1(B)
940.19(1)
Battery
140.1(C)
941.01
Negligent Operation of Vehicle (Off Roadway)
140.1(D)
941.10
Negligent Handling of Burning Material
140.1(E)
941.12(2),(3)
Interfering with Fire Fighting
140.1(F)
941.13
False Alarms
941.20(1)
Reckless Use of Weapons
140.1(G)
941.23
Carrying Concealed Weapon
140.1(H)
941.24
Possession of Switchblade Knife
140.1(I)
941.2965
Restrictions on Use of Facsimile Firearms
140.1(J)
943.01(1)
Criminal Damage to Property
140.1(K)
943.07(1) to (3)
Criminal Damage to Railroad
140.1(L)
943.07(4)
Intentionally Depositing Debris on Railroad
140.1(M)
943.11
Entry Into Locked Vehicle
140.1(N)
943.125
Entry Into Locked Coin Box
140.1(O)
943.13
Trespass to Land
140.1(P)
943.14
Criminal Trespass to Dwelling
140.1(Q)
943.15
Entry to Construction Site or Locked Building, Dwelling or Room
140.1(QQ)
943.20
Theft (Value Under $500)
140.1(R)
943.21
Fraud on Hotel/Restaurant Keeper (Value under $500)
140.1(S)
943.22
Use of Cheating Tokens
943.23(2)
Operate Auto Without Owner's Consent
943.24
Issue of Worthless Checks (Value Under $500)
140.1(T)
943.34(1)
Receiving Stolen Property (Value Under $500)
140.1(U)
943.37
Alteration of Property Identification Marks
140.1(V)
943.41(2), (3)(a) to (d) or (4)(b)
Credit Card Crimes (Value Under $500)
140.1(W)
943.50
Retail Theft (Shoplifting)
140.1(X)
944.15
Fornication
944.17
Sexual Gratification
944.20(1)(a)
Lewd and Lascivious Behavior
140.1(Y)
944.20(1)(b)
Indecent Exposure
140.1(Z)
944.30
Prostitution
944.31
Patronizing Prostitutes
944.33(1)
Pandering
944.36
Solicitation of Drinks Prohibited
945.01
Definitions Relating to Gambling
945.02
Gambling
140.1(AA)
945.04
Permitting Premises to be Used for Commercial Gambling
946.06
Improper Use of Flag
946.32(2)
False Swearing
946.40
Refusing to Aid Officer
140.1(BB)
946.41
Resisting or Obstructing Officer
140.1(CC)
946.42(1)
Escape
140.1(DD)
946.69
Falsely Assuming to Act as a Public Officer
946.70
Impersonating Peace Officer
140.1(EE)
946.72(2)
Tampering with Public Records and Notices
947.01
Disorderly Conduct
140.1(FF)
947.012
Unlawful Use of Telephone
140.1(GG)
947.013
Harassment
140.1(PP)
947.06
Unlawful Assemblies
948.60
Person Selling, Giving, etc., Pistol to Minor
948.63
Receiving Property from Children
951.02
Mistreating Animals
140.1(HH)
951.05
Transportation of Animals
140.1(II)
951.06
Use of Poisonous and Controlled Substances
140.1(JJ)
951.08
Instigating Fights Between Animals
140.1(KK)
951.09
Shooting at Caged or Staked Animals
140.1(LL)
951.13
Providing Proper Food/Drink to Confined Animals
140.1(MM)
951.14
Providing Proper Shelter
140.1(NN)
961.14(3g)(e)
Possession of Marijuana
140.1(RR)
961.41(4)(bm)
Unlawful Manufacture/Delivery of Controlled Substance
961.573(1)
Possession of Drug Paraphernalia
140.1(SS)
[Amended 1-19-2010 by Ord. No. 704; 11-1-2011 by Ord. No. 721]
A. 
Discharge. No person other than an authorized police officer shall discharge any firearm within the Village, except that the Board may issue permits to an organized gun club to engage in target practice within the Village at times and places designated by the Chief of Police. This subsection does not apply and may not be enforced if the actor’s conduct was justified or, had it been subject to a criminal penalty, would have been subject to a defense described in § 939.45, Wis. Stats.
B. 
Possession in public park. No person shall have in his or her possession or under his or her control a firearm on land located within a public park unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to a licensee or out-of-state licensee, as defined in § 175.60(1), Wis. Stats., if the firearm is a weapon as defined in § 175.60(1)(j), Wis. Stats., or to a law enforcement officer, a qualified out-of-state law enforcement officer, or a former officer as defined in and subject to the conditions contained in § 941.23, Wis. Stats.
[Amended 2-15-2000 by Ord. No. 547; 10-16-2001 by Ord. No. 574; 2-18-2014 by Ord. No. 744]
A. 
Except as provided in Subsection B hereof, no person shall throw, shoot or propel any arrow, stone or other missile or projectile at any person, building or other object within the Village, provided the Board may issue permits to an organized archery club or an archer to engage in target practice within the Village at times and places as designated by the Chief of Police.
B. 
A person may hunt with a bow and arrow or crossbow within the Village, subject to the following restrictions:
(1) 
No such hunting is permitted on public property.
(2) 
No such hunting is permitted within 100 yards of any building used for human occupancy located on another person's land unless the person who owns the land on which the building is located allows the hunter to hunt within 100 yards of the building.
(3) 
No such hunting is permitted unless the arrow or bolt is discharged toward the ground.
Section 167.10, Wis. Stats., regulating the sale and use of fireworks, exclusive of any penalty imposed thereby, is adopted by reference and made a part of this chapter as though set forth in full.
[Added by Ord. No. 476]
Class "C" or Consumer Fireworks such as small fountains, Roman candles, bottle rockets, spinners and other such fireworks may be permitted for use by groups for special occasions, with the submission of appropriate forms and approval by the Village Board pursuant to § 167.10 of the Wisconsin State Statutes.
No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Village in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress to or egress from any place of business or amusement or any church, public hall or meeting place.
[1]
Editor's Note: See also Ch. 173, Streets and Sidewalks.
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 makes 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 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 an any other public place within the Village 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.[2]
[2]
Editor's Note: Former Section 18.08, Animals and fowl not to run at large, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Loitering in school and playground areas. No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand or play in any school building or in or about any playground area adjacent thereto within the Village between 8:00 a.m. and 4:00 p.m. on official school days.
[Added 9-20-2005 by Ord. No. 641]
[1]
Editor's Note: See also Ch. 136, Parks and Recreation, § 136-1.
A. 
Screening. No person shall store junked or discarded property, including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or other unsightly debris which substantially depreciates property values in the neighborhood, except in an enclosure which screens such property from public view or upon permit issued by the Village Board.
B. 
Order for compliance. The Building Inspector may require by written order any premises in violation of this subsection to be put in compliance within the time specified in such order and, if the order is not complied with, may have the premises put in compliance and the cost thereof assessed as a special tax against the property.
[1]
Editor's Note: See also Ch. 192, Vehicles and Traffic, § 192-13.
[Amended 6-15-2004 by Ord. No. 615]
A. 
Littering. No person shall throw any glass, refuse, waste, filth or other litter upon the streets, alleys, highways, public parks or other property of the Village or upon any private property or upon the surface of any body of water within the Village.
B. 
Dumping combustible, noxious or hazardous liquids. No person shall dump any anti-freeze liquids, waste oil, waste cleaning fluid, waste gasoline or other combustible, noxious or hazardous liquid upon any public or private property within the Village or in any part of the public storm or sanitary sewer system.
C. 
Dumping refuse or yard waste. No person shall dump or deposit any refuse or yard waste in any gutter or storm sewer along any public street, alley or highway.
No person shall resist or interfere with any officer of the Village 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.
No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fastened in such manner as to prevent injury to any person, and any cover shall be of such design, size and weight that the same cannot be removed by small children.
No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside unless such door or lid, snap lock or other locking device has been removed from such ice box, refrigerator or container or unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.
[Amended 9-20-2005 by Ord. No. 641]
A. 
Definitions. As used in this section, the following terms have the meanings indicated:
CURFEW HOURS
The hours between 11:00 p.m. and 5:00 a.m. of the following day.
EMERGENCY
An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT
Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
GUARDIAN
A person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court.
MINOR
Any person under 17 years of age.
OPERATOR
Any individual, firm, association, partnership, company or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association, partnership or company and the officers of a corporation.
PARENT
A natural parent, adoptive parent, or step-parent of another person; or a person at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE
Any area generally visible to public view and including, but not limited to, streets, sidewalks, alleys, parks, vacant lots, driveways, parking lots and buildings open to the general public, the doorways, entrances and common areas of schools, apartment houses, office buildings, hotels, motels and shops, and the grounds enclosing them, and any other public place.
REMAIN
Linger or stay; or fail to leave a premises or establishment when requested to do so by a law enforcement officer or the owner, operator or other person in control of the premises or establishment.
SERIOUS BODILY INJURY
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.
LOITER
Congregate, linger, wander, stand, delay, walk or stroll about aimlessly, or to remain idle in essentially one location in a manner and under circumstances manifesting an unnecessary or aimless purpose.
B. 
Offenses.
(1) 
No minor shall loiter, idle, remain or be present in any public place or on the premises of any establishment within the Village during curfew hours.
(2) 
No parent or guardian of a minor shall knowingly permit, or by insufficient control allow, the minor to loiter, idle, remain or be present in any public place or on the premises of any establishment within the Village during curfew hours.
(3) 
No owner, operator, or any employee of an establishment shall knowingly allow a minor to remain upon the premises of the establishment during curfew hours.
C. 
Defenses.
(1) 
This section shall not apply where the minor was:
(a) 
Accompanied by the minor's parent or guardian;
(b) 
On an errand at the direction of the minor's parent or guardian without any detour or stop;
(c) 
In a motor vehicle involved in interstate travel;
(d) 
Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
(e) 
Involved in an emergency;
(f) 
On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to a law enforcement officer about the minor's presence;
(g) 
Attending an official school, religious or other recreation activity supervised by adults and sponsored by the Village of Saukville, the Port Washington-Saukville School District, a church or religious entity, a civic organization or other similar entity that takes responsibility for the minor, or going to or returning from, without any detour or stop, an official school, religious or other recreational activity supervised by an adult or sponsored by the Village of Saukville, the Port Washington-Saukville School District, a church or religious entity, a civic organization or other similar entity that takes responsibility for the minor;
(h) 
Exercising First Amendment rights protected by the United States Constitution, or the Wisconsin Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or
(i) 
Married.
(2) 
This section shall not apply to the owner, operator or employee of an establishment that promptly notified a law enforcement officer that a minor was present on the premises of the establishment during curfew hours and refused to leave.
D. 
Enforcement action. Before taking any enforcement action under this section, a law enforcement officer shall ask the apparent offender's age and reason for being present in the public place. A law enforcement officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based upon any response and circumstances, no defense in Subsection C is present. A minor believed to be violating the provisions of this section may be taken to the Police Department for proper identification. Every law enforcement officer, while on duty, may, in his/her discretion, detain any minor violating Subsection B above until such time as the parent, guardian or other adult person having legal custody of the minor is notified, and the person so notified shall, as soon as reasonably possible thereafter, report to the Police Department for the purpose of taking the minor into custody, and such person shall sign a release for the minor if so requested by the law enforcement officer.
E. 
Penalty. Any person who shall violate any provision of this section shall, upon conviction, be subject to a penalty as provided in § 1-19 of this Code, except that any minor who shall violate this section shall, upon conviction thereof, forfeit not less than $10 nor more than $25, together with the cost of prosecution, or be subject to one or more of the dispositions set forth in § 938.343, Wis. Stats.
F. 
Severability. If any section, subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion(s) shall be deemed a separate, distinct and independent provision, and such holdings shall not affect the validity of the remaining portion(s) thereof.
[Added by Ord. No. 446]
A. 
Smoking defined. "Smoking" means carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment.
B. 
Regulation of smoking. Except as provided in Subsection C, no person may smoke in any enclosed, indoor area of any Village building.
C. 
Exceptions. The regulation of smoking in Subsection B does not apply to the following places:
(1) 
Areas designated smoking areas under Subsection D.
(2) 
Rooms in which the main occupants are smokers, even if nonsmokers are periodically present in the room.
(3) 
Entire rooms used for private functions, if the arrangements for the function are under the control of the sponsor of the function.
D. 
Designation of smoking areas. The Village Administrator may designate smoking areas in Village buildings, unless a fire marshal or law prohibits smoking. The Village Administrator may not designate an entire building as a smoking area and, subject to Subsection C(2), the Village Administrator may not designate an entire room as a smoking area. The Village Administrator shall post notice of the designation of a smoking area in or near the area designated. If an entire room is designated a smoking area pursuant to Subsection C(2), the Village Administrator shall post notice of the designation conspicuously on or near all entrances to the room if it is normally used by the public.
E. 
Injunction. 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: See also Ch. 101, Fire Prevention, § 101-24.
A. 
Definitions.
SMOKING
Carrying a lighted cigar, cigarette, pipe or any other lighted smoking equipment.
TOBACCO PRODUCTS
Cigarettes; cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise; or both for chewing and smoking.
B. 
Regulation of smoking and use of tobacco products. No person may smoke or use any tobacco products, either indoors or outdoors, at any school building or on any school grounds which are owned by, rented by or under the control of the Port Washington-Saukville School district, including those portions of the street right-of-way, including street pavement, curb, parkway and sidewalk, of all streets abutting on school grounds.
C. 
Injunction. Local officials or any affected party may institute an action in any court with jurisdiction to enjoin repeated violations of this section.
[Added by Ord. No. 412]
A. 
The Village Board hereby adopts § 101.22, Wis. Stats., and all subsequent amendments thereto.
B. 
The Village Administrator shall maintain forms for complaints to file under § 106.04, Wis. Stats., and shall assist any person alleging a violation thereof in the Village to file a complaint thereunder with the Wisconsin Department of Industry, Labor and Job Development for enforcement of § 101.22, Wis. Stats.
[Added by Ord. No. 455]
No person shall return merchandise to a merchant for the purpose of claiming a cash refund or credit if the person deceives the merchant by doing any of the following:
A. 
Represents that such person purchased the merchandise when the person did not purchase it.
B. 
Represents that the merchandise was purchased from a particular merchant when it was not purchased from that particular merchant.
C. 
Represents that the merchandise was purchased for a particular price when it was purchased for a lower price.
D. 
Gives the merchant a false name, address or telephone number.
[Added by Ord. No. 462]
A. 
Use only to report emergency. No person shall utilize the 911 emergency telephone reporting system for any purpose other than to report an emergency.
B. 
Unlawful conduct. It shall be unlawful for any person to report an alleged emergency knowing that the situation which he or she reports does not exist.
C. 
Emergency defined. An "emergency" under this section exists when a person reasonably believes that immediate response by public safety personnel is essential due to the risk or actual occurrence of:
(1) 
Death or great bodily harm.
(2) 
Property damage.
(3) 
Any other situation which mandates the immediate response of public safety personnel.
[Added 6-18-2019 by Ord. No. 795[1]]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CIGARETTE
Has the meaning given in § 139.30(1m), Wis. Stats.
ELECTRONIC SMOKING DEVICE
Any product containing or delivering nicotine or any other similar substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. "Electronic smoking device" includes any components and parts of such product, whether or not sold separately, including, without limitation, nicotine-containing e-liquids, a glass or plastic vial container of e-liquid, cartridges, atomizers, batteries, cartomizers, clearomizers, digital displays or lights to adjust settings, tank systems, drip tips and flavorings.
NICOTINE PRODUCT
A product that contains nicotine and is not any of the following:
(1) 
A tobacco product, as defined in § 139.75(12), Wis. Stats.
(2) 
A cigarette.
(3) 
A product that has been approved by the United States Food and Drug Administration for sale as a smoking cessation product or for another medical purpose and is being marketed and sold solely for such an approved purpose.
SCHOOL
A public, parochial, private, or tribal school which provides an educational program for one or more grades between Grades 1 and 12 and which is commonly known as an elementary school, middle school, junior high school, senior high school or high school.
SMOKE or SMOKING
The act of inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including, without limitation, hookahs and marijuana, whether natural or synthetic, in any manner or form. Smoking also includes the use of an electronic smoking device which creates an aerosol or vapor, in any manner or form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking set forth in this section.
VAPOR PRODUCTS
Noncombustible products, that may or may not contain nicotine, that employ a mechanical heating element, battery, electronic circuit, or other mechanism, regardless of shape or size, that can be used to produce a vapor in a solution or other form. "Vapor products" includes, without limitation, any vapor cartridge, solution, or other container or form, with or without nicotine, that is intended to be used with an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. "Vapor products" do not include any products regulated by the United States Food and Drug Administration under Subchapter V of the Food, Drug, and Cosmetic Act.[2]
[2]
Editor's Note: See 21 U.S.C. § 351 et seq.
B. 
Restrictions on sale or gift of nicotine products to persons under 18 years of age. Except as modified by this section, § 134.66, Wis. Stats. (as amended from time to time), relating to restrictions on the sale or gift of nicotine products to persons under the age of 18, is hereby adopted by reference as though set forth herein.
C. 
Purchase or possession of nicotine products by persons under 18 years of age prohibited. Except as modified by this section, § 254.92, Wis. Stats. (as amended from time to time), prohibiting, with certain exceptions, the purchase, attempted purchase, or possession of nicotine products by persons under the age of 18, and prohibiting the purchase of nicotine products by persons on behalf of or to provide to persons under the age of 18, is hereby adopted by reference as though set forth herein.
D. 
Possession or use of nicotine products, vapor products or electronic smoking devices by persons under age 18 prohibited within Village, school buildings, grounds and activities. No person under the age of 18 shall possess, smoke, or otherwise use any nicotine product, vapor product, or electronic smoking device within the Village, including, without limitation, inside any building owned, leased or used by a school; on any school grounds; while attending or participating in a school event or activity; or at an educational facility as defined in § 101.123(1), Wis. Stats.
E. 
Use of nicotine products, vapor products or electronic smoking devices in school buildings, on school grounds or at school activities prohibited. No person shall smoke or otherwise use any nicotine product, vapor product, or electronic smoking device inside any building owned, leased or used by a school; on any school grounds; while attending or participating in a school event or activity; or at an educational facility as defined in § 101.123(1), Wis. Stats.
F. 
Possession or use of nicotine products, vapor products or electronic smoking devices in or upon Village building premises prohibited. No person shall possess, smoke, or otherwise use any nicotine product, vapor product or electronic smoking device in or upon any building premises owned, leased or used by the Village.
G. 
Sale or gift of vapor products or electronic smoking device to persons under 18 years of age prohibited. Consistent with §§ 134.66 and 254.92, Wis. Stats., no person shall sell, or provide for no or nominal consideration, any vapor product or electronic smoking device to persons under the age of 18.
[1]
Editor's Note: This ordinance also repealed former § 140-20, Use and possession of cigarettes and tobacco products by minors, added by Ord. No. 464.
[Added by Ord. No. 498]
A. 
Definitions. For the purposes of this section, certain words and terms are defined as follows:
LIBRARY
Any public library, library of an educational or historical organization or society or museum, and specifically the public libraries within the Village of Saukville.
LIBRARY MATERIALS
Any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audio-visual materials in any format, magnetic or other tapes, electronic data processing records 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 a library.
B. 
Possession without consent and failure to return prohibited. No person shall intentionally take and carry away, transfer, conceal or retain 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 library materials from a library in accordance with the rules and regulations adopted by the Library Board shall fail to return the library material on or before its proper return date and after written notice to return said library material has been given when written notice is mailed to the last known address of other person who charged out the material. The notice date shall be the date of mailing.
C. 
Concealment. The concealment of library materials beyond the last station for borrowing library material in a 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 procedures 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 is evidence of intent to deprive the library of possession of the material on the part of the person so concealing the material.
D. 
Detention based on probable cause. An official or adult employee or agent of the 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 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 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 section entitles 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 other way damage or mutilate any library material.
[Added 7-21-1998 by Ord. No. 521]
A. 
Custody of lost or abandoned property.
(1) 
Property which appears to be lost or abandoned, discovered by officers or other Village employees or turned in to the Police Department by citizens shall be held by the Police Department and disposed of according to this section.
(2) 
Lost and abandoned property will be examined by the Chief of Police or his designee for identifying marks in an attempt to determine the owner. If identifying marks are present, they shall be used by the Chief of Police to attempt to contact the owner to return the property. If no identifying marks are present, the property shall be taken into custody by the Chief of Police.
(3) 
No Village employee shall keep for his or her own use property found in the course of duty, nor take possession of property during off-duty hours when the discovery was made while on duty.
(4) 
The Chief of Police shall permit citizens to claim lost property if they can provide sufficient proof that they are rightful owners.
B. 
Disposal procedures.
(1) 
Classes of property. All property which has been abandoned, lost or remained unclaimed for a period of 30 days after the taking of possession of the same by the Village shall be disposed of as follows, except that if the property is usable for Village operations, the property need not be sold at auction, but may become the property of the Village.
(a) 
Vehicles. Vehicles shall be disposed of as set forth in Chapter 192, Vehicles and Traffic, § 192-12, of this Code.
(b) 
Intoxicating liquor and fermented malt beverages. Intoxicating liquor and fermented malt beverages shall be destroyed.
(c) 
Firearms, ammunition and explosives. Firearms or ammunition shall be returned to their rightful owner, destroyed or transferred to the State Crime Laboratory, the Division of Law Enforcement Services of the Department of Justice, the Federal Bureau of Investigation or the Alcohol, Tobacco and Firearms Bureau of the United States Department of Treasury. Any explosive, flammable or other material proving a danger to life or property may be disposed of immediately upon taking possession thereof. The Chief of Police and the Fire Chief, after consulting with the County Sheriff's Department, are hereby authorized to determine the disposal procedure; provided, however, that any such procedure will attempt to return to its rightful owner any such material which appears to have been stolen.
(d) 
Other property with a fair market value of $100 or less. An item of property with a fair market value of $100 or less shall be destroyed or sold at public auction or sealed bid. Perishable property which deteriorates to a fair market value of less than $100 shall be destroyed.
(e) 
Other property with a fair market value of more than $100. An item of property with a fair market value of more than $100 shall be sold at public auction or by sealed bid.
(f) 
Illegal property. Property which cannot legally be possessed shall be destroyed.
(2) 
Disposal by auction or sealed bid.
(a) 
Whenever any property under this section is sold by public auction or sale or by sealed bid, such auction or the awarding of bids shall be preceded by publication of a Class 2 notice describing the property and the time and place for the auction or bid submission. The property auctioned or sold by sealed bid shall be sold in as-is condition to the highest bidder. No sale or auction shall occur until the Chief of Police has determined that the property has no value to any probable investigation or legal proceeding. The Chief of Police shall determine the time in which the successful bidder shall remove the property. In the event that the property is not removed within that time, the property shall revert to the Village and the amount of the bid be forfeited to the Village.
(b) 
The Chief of Police shall maintain for two years a written inventory of any property not disposed of by auction or sale by sealed bid open to the public and shall include a record of the date and method of disposal, any payment received for the property, and the name and address of the person acquiring the property.
(3) 
Lost property. Property which is found by persons and delivered to the Chief of Police for the purpose of locating the former owner shall not be considered abandoned or unclaimed under this section until 30 days after mailing to the person finding the property a notice that he or she may claim ownership of said property. The Chief of Police shall determine what portion, if any, of the property or its value shall be given the finder. This provision shall not apply to any Village employee finding property in the regular course of his employment.
(4) 
Payment to Village Treasury. All sums received from the sale of property under this section shall be paid to the Village Treasury.
[Added 5-2-2000 by Ord. No. 550; amended 12-5-2000 by Ord. No. 562]
Any person who has rented or who has authorized the rental of a videotape, video disk, video game or other video property from a merchant and who has failed to return said rented video property to the merchant on or before the date that said video property was to have been returned pursuant to the rental agreement, and who has received a written notice from the merchant by certified mail return receipt to return the video property, or who has refused or failed to claim such certified mail notice, and who fails to return such video property within the time specified in the written notice, shall forfeit the sum of $50 plus costs, together with the costs of prosecution.
[Added 12-21-2010 by Ord. No. 714]
The Library Board shall prescribe reasonable rules, regulations and policies to render the use of the public library and its facilities most beneficial to the greatest number of the public and to ensure public health and safety. The Library Board’s rules, regulations and policies are incorporated in this section by reference, and any violation thereof shall be deemed a violation of this section.
[Added 5-13-2014 by Ord. No. 746]
A. 
Definitions. As used in this section, the following terms have the meanings indicated:
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part or all of five or more days on which school is held during a school semester.
TRUANCY
Any absence of part or all of one or more days from school during which the school attendance officer, principal or teacher has not been notified of the legal cause of such absence by the parent or guardian of the absent pupil, and also means intermittent attendance carried on for the purpose of defeating the intent of this section or § 118.15, Wis. Stats.
TRUANT
A pupil who is absent from school without an acceptable excuse under §§ 118.15 and 118.16(4), Wis. Stats., for part or all of any day on which school is held during a school semester.
B. 
Truancy prohibited. No person who is under 18 years of age may be truant or habitually truant from school.
C. 
Truancy penalties. Upon a finding that a pupil is truant, the court shall enter an order making one or more of the following dispositions:
(1) 
Order the pupil to attend school;
(2) 
Order a forfeiture of no more than $50 plus costs for a first violation, or a forfeiture of not more than $100 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to § 938.37, Wis. Stats., and subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the pupil, the parents or guardian of the pupil, or both.
D. 
Habitual truancy penalties. Upon a finding that a pupil is a habitual truant, the court shall enter an order making one or more of the following dispositions:
(1) 
Suspend the pupil's operating privilege, as defined in § 340.01(40), Wis. Stats., for not less than 30 days or more than one year. The court shall immediately take possession of the suspended license and forward it to the Department of Transportation, together with a notice stating the reason for, and duration of, the suspension;
(2) 
Order the pupil to participate in counseling, community service work or a supervised work program. The costs of any such counseling, community service work, or supervised work program may be assessed against the pupil, the pupil's parents or guardian, or both;
(3) 
Order the pupil to remain at home, except during the hours in which the pupil is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The pupil may be permitted to leave his/her home if the pupil is accompanied by a parent or guardian;
(4) 
Order the pupil to attend an educational program as described in § 938.34(7d), Wis. Stats.;
(5) 
Order the Department of Workforce Development to revoke, under § 103.72, Wis. Stats., a permit under § 103.70 Wis. Stats., authorizing the employment of the child;
(6) 
Order the pupil to attend school;
(7) 
Order a forfeiture of not more than $500 plus costs, subject to § 938.37, Wis. Stats. All or part of the forfeiture plus costs may be assessed against the pupil, the parents or guardian, or both;
(8) 
Order the pupil be placed under formal or informal supervision as described in § 938.34(2), Wis. Stats., for up to one year;
(9) 
Order the pupil's parent or guardian to participate in counseling at the parent's or guardian's own expense, or to attend school with the pupil, or both;
(10) 
Order any other reasonable conditions consistent with this subsection including a curfew, restrictions as to going to or remaining on specified premises, and restrictions on associating with other children or adults.
E. 
Contributing to truancy.
(1) 
Except as provided in Subsection E(2) below, any person 18 years of age or older, who by act or omission knowingly encourages or contributes to a person's truancy, as defined within this section, is guilty of a violation of this section.
(2) 
Subsection E(1) does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats., as may be amended from time to time.
(3) 
An act or omission contributes to the truancy of a child whether or not the child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be truant.
(4) 
Penalty. A person adjudged to have violated this section shall be subject to a forfeiture of not less than $50 nor more than $500.
[Amended by Ord. No. 455; Ord. No. 462; Ord. No. 464; Ord. No. 498]
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-19 of this Code. In addition to any penalty imposed for violation of § 943.01(1), Wis. Stats., or § 140-21, 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., or § 140-21 may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.