[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.]
[Amended by Ord. No. 490; Ord. No. 499; 6-1-2010 by Ord. No.
708; 1-8-2019 by Ord. No. 791; 10-5-2021 by Ord. No. 815]
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
| |
|
450.11(7)(h)
|
Possession of Prescription Drug Without Prescription
|
140.1(XX)
|
|
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 of Use of Facsimile Firearms
|
140.1(J)
|
|
943.01(1)
|
Criminal Damage to Property
|
140.1(K)
|
|
943.07(1) through (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) through (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)
|
|
947.0125(2)
|
Unlawful Use of Computerized Communication Systems to Frighten,
Intimidate, Threaten
|
140.1(TT)
|
|
947.0125(3)
|
Unlawful Use of Computerized Communication Systems to Harass,
Annoy, Offend
|
140.1(WW)
|
|
947.013
|
Harassment
|
140.1(PP)
|
|
947.06
|
Unlawful Assemblies
| |
|
948.60
|
Person Selling, Giving, Etc., Pistol to Minor
| |
|
948.62
|
Receiving Stolen Property From Child
|
140.1(OO)
|
|
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)
|
|
961.41(3g)
|
Possession of Controlled Substances, Generally
|
140.1(UU)
|
|
961.41(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.
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]
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]
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.
[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.
CURFEW HOURS
EMERGENCY
ESTABLISHMENT
GUARDIAN
MINOR
OPERATOR
PARENT
PUBLIC PLACE
REMAIN
SERIOUS BODILY INJURY
LOITER
Definitions. As used in this section, the following
terms have the meanings indicated:
The hours between 11:00 p.m. and 5:00 a.m. of the following
day.
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.
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.
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.
Any person under 17 years of age.
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.
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.
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.
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.
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.
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.
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.
A.
SMOKING
TOBACCO PRODUCTS
Definitions.
Carrying a lighted cigar, cigarette, pipe or any other lighted
smoking equipment.
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:
[Added 6-18-2019 by Ord.
No. 795[1]]
A.
CIGARETTE
ELECTRONIC SMOKING DEVICE
NICOTINE PRODUCT
(1)
(2)
(3)
SCHOOL
SMOKE or SMOKING
VAPOR PRODUCTS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Has the meaning given in § 139.30(1m), Wis. Stats.
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.
A product that contains nicotine and is not any of the following:
A tobacco product, as defined in § 139.75(12), Wis.
Stats.
A cigarette.
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.
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.
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.
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.
LIBRARY
LIBRARY MATERIALS
Definitions. For the purposes of this section, certain
words and terms are defined as follows:
Any public library, library of an educational or historical
organization or society or museum, and specifically the public libraries
within the Village of Saukville.
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.
(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.
HABITUAL TRUANT
TRUANCY
TRUANT
Definitions. As used in this section, the following terms have the
meanings indicated:
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.
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.
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.
