There shall be no discharge of firearms on any lands within the corporate limits of the Village without permission of the owner of the land. Any peace officer in the discharge of his or her duties is exempt from this restriction.
(1) 
Definitions. For the purpose of this chapter, certain words and phrases shall be defined as follows:
FIREARMS
A rifle of any caliber, shotgun of any gauge, pistol, or revolver of any caliber. A weapon which expels a missile by the explosive force of gunpowder or by release of compressed air or gases.
RECORDED LAND DIVISION
Any subdivision of land within the Village laid out and established in accordance with the provisions of Wis. Stats. Ch. 236, or in accordance with existing ordinances of the Village relating to land divisions.
[Amended 4-19-2021 by Ord. No. 2021-03]
(2) 
Prohibited Use of Firearms. No person shall discharge any firearm in any area so designated by the Board on the Village map. Remaining areas of the Village shall be governed by the current edition of the Wisconsin Hunting Regulations as issued by the Wisconsin Department of Natural Resources.
(3) 
Exceptions.
(a) 
The prohibitions of this section shall not apply to persons who are acting pursuant to lawful appointment or election as federal law enforcement officers or law enforcement officers of the state, county, or Village.
(b) 
Any weapon unloaded and properly encased.
(c) 
Target practice by an organized club holding a valid permit, as follows: Such permits will be granted by the Board only upon a determination that the health, safety, and welfare of persons will not be adversely affected.
1. 
No permit shall be valid for a period in excess of three years.
2. 
The permit shall designate the times and places at which such target practice may occur and shall be subject to such other terms and conditions as may be determined by the Board.
3. 
The fee for the permit must be paid at the time application is made for the permit. A refund as set from time to time by resolution of the Board shall be made if the permit is not granted.
4. 
The Clerk shall not issue the permit until the permittee provides proof of liability insurance satisfactory to the Clerk with limits of liability not less than $1,000,000.
5. 
The permit shall provide that the permittee shall indemnify the Village and hold it harmless for any liability from activities carried on pursuant to the permit.
(d) 
Pest control (see Section 11.39 (5)).
(e) 
The prohibitions of this section shall not apply to state owned or county owned lands within the Village.
(f) 
Discharge of firearms directed over or into the waters of Green Bay for the purposes of migratory bird hunting. The weapon and ammunition used shall be as prescribed in NR 10.09, Wis. Admin. Code.
(g) 
The prohibitions of this section shall not apply to persons who legally possess a weapon pursuant to Wis. Stats. 29.621 and Wis. Stats. 175.60.
(4) 
(Reserved)
(5) 
Permit for Pest Control. Upon application to the Health and Safety Committee, residents of the Village who operate farms may receive up to a nine-month permit which shall permit limited discharge of a shotgun or air rifle in a restricted area for the purposes of pest control. Upon approval of the Administrator, the Clerk shall be authorized to issue such permits. Such permits shall be dated and timed to coincide with any permits issued by the State of Wisconsin Department of Natural Resources.
(6) 
Parental Responsibility. If a minor violates this section, his or her parent or legal guardian may be held responsible for the violation in the same manner as if the parent or legal guardian had violated the same, and ignorance of such violation shall not be a defense; prosecution of the parent or legal guardian shall not be a bar to prosecution of the minor.
(7) 
Revisions to Village Map.
[Amended 4-19-2021 by Ord. No. 2021-03[1]]
(a) 
Petitions from Landowners. Landowners in the Village may petition the Board to be included or removed from areas designated on the Village Map which restrict the discharge of firearms. No cost will be assessed the petitioner. The petitioner can complete a request for a hearing before the Health and Safety Committee at the Village office. Upon receipt of such request, the Clerk will place the request on the Health and Safety Committee agenda for the next available scheduled meeting. Recommendations from Health and Safety shall be forwarded to the Board for action.
(b) 
Newly Recorded Land Divisions. New land divisions resulting in lots of two acres in size or less, upon recording, will be designated as areas in which the discharge of firearms is prohibited.
(c) 
The Village Board reserves the right to include additional lands, referred by Public Safety and reviewed by the Health and Safety Committee. Affected property owners shall be notified prior to meeting the date for the Health and Safety Committee.
[1]
Editor's Note: Pursuant to this section, former Subsections (9) and (10) were redesignated as Subsections (8) and (9), respectively.
(8) 
Possession of Dangerous or Deadly Weapon.
(a) 
Except as reasonably necessary to fulfill the exceptions provided elsewhere in this section, or as otherwise permitted pursuant to Wis. Stats. 29.621 and Wis. Stats. 175.60, no person shall carry or transport, conceal about the person or display in a threatening manner any dangerous or deadly weapon including, but not limited by numeration to: pistol, revolver, rifle or shotgun.
(b) 
The prohibitions of Section 11.39 (9)(a) will not be construed to prevent the carrying of any type of weapon when it is unloaded and properly encased, boxed, packaged, or otherwise unavailable for immediate use or transported in conformity with Wis. Stats. § 167.31, or the display and sale of such weapon by a licensed retailer; or when such weapon is possessed in strict conformity with Wis. Stats. § 29.227, nor shall any of these prohibitions forbid any law enforcement officer of the United States, State of Wisconsin, or subdivision thereof from carrying, wearing, or using such weapons as shall be necessary in the proper exercise of their duties.
(9) 
Penalty. Any person that violates Section 11.39 or any part thereof shall be subject to a forfeiture of at least $25 but not to exceed $2,500 for each offense. In addition, the person shall be responsible for the costs of prosecution and in default of payment of such forfeiture and costs of prosecution, he or she may be imprisoned in the County Jail until said forfeiture and costs are paid, but not to exceed 90 days for each violation.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 941.20(1), are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 941.23, are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
(1) 
Definitions.
FIREARMS
A weapon that acts by force of gunpowder.
LAW ENFORCEMENT
Any person employed by the State of Wisconsin or any political subdivision of this state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances he or she is employed to enforce.
WEAPON
A handgun, an electronic weapon as defined at Wis. Stats. Section 941.295, a knife other than a switchblade under Wis. Stats. Sec. 941.24, or a billy club.
(2) 
The provisions of Wis. Stats. Sec. 175.60 enumerating places where the carrying of a weapon or a firearm is prohibited, including exceptions thereto, are hereby adopted as part of this section. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
(3) 
In addition to the public buildings listed at 11.42(2) above, it shall be unlawful for any person other than a law enforcement officer to enter any school property within the Village while carrying a weapon or a firearm.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 941.237 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 941.231[1] are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
[1]
Section 941.24 was repealed under state law and 941.231 was created.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 948.60(1), (2)(a), and (3) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 941.2965 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 948.61(1), (2)(a), (3), and (4) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
No person shall carry or cause to be discharged any air gun, BB gun, pellet gun, gas operated gun, sling shot or similar dangerous missile in any prohibited area within the Village nor throw 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 Village.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 941.26(4)(L) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 941.315(2) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 941.299 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 941.37(1) and (2) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 946.41(1), (2), and (3) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 947.01 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 947.011(1), (2), and (3)(a) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 948.51(1), (2), and (3)(a) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 946.66 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 940.42 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 940.44 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 940.34 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 940.19(1) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 939.32(1) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 946.40 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 946.42(1), (2), and (4) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 946.70(1) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
(1) 
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.
(2) 
No person shall make unnecessary and annoying noise with a motor vehicle by squealing tires, excessive acceleration of engine, excessive braking, or by emitting unnecessary and loud muffler noises.
(1) 
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 herself or manifestly endeavors to conceal himself or herself or any object. Unless flight by the person or other circumstances makes it impracticable, a police officer 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 or her to identify himself or herself and explain his or her 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.
(2) 
Obstructing Streets and Sidewalks Prohibited. No person shall loaf or loiter in a group or crowd upon the public streets, alleys, sidewalks, street crossing or bridges, or in any other public place within the Village in such manner as to prevent, interfere with or obstruct the ordinary free use of the public streets, alleys, sidewalks, street crossings or bridges, or other public places by persons passing along and over the same.
(3) 
Loitering in Public Places. No person shall loiter, lounge, or loaf in or about any depot, theater, dance hall, restaurant, store, public sidewalk, public parking lot or other place of assembly for public use after being requested to move by the owner or person in charge or any police officer. Upon being requested to move, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.
(1) 
No person shall consume any intoxicating liquor or fermented malt beverage upon the public highways, streets, alleys, sidewalks, street crossings, bridges, public parks or parking lots or premises held out to the public for use of their motor vehicles, whether the premises are publicly or privately owned, in the Village except for approved community functions or events where authorized by specific resolution of the Board.
(2) 
All purchases of intoxicating liquor or fermented malt beverage by the glass or in open containers shall be consumed on the licensed premises where served, and shall not be removed therefrom to any public highway, street, alley, sidewalk, street crossing, bridge, public park, parking lot, or premises held out to the public for use of their motor vehicles, whether the premises are publicly or privately owned, within the Village.
(3) 
No person shall bring upon, use, consume, sell or convey any intoxicating liquor or fermented malt beverage in or upon any property, building, or other structure which is owned or under control of the Village except in such places as may be designated by the Village and in accordance with the rules and regulations as may be from time to time adopted by the Board.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 944.36 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 947.04 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 167.25 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 961.571, § 961.572, § 961.573(1) and (2), § 961.574(1) and (2), § 961.575(1) and (2), and § 961.576 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
(1) 
Possession Prohibited. The possession of 25 grams or less of marijuana is hereby prohibited.
(2) 
Definitions. "Marijuana" shall have, for purposes of this section, the same meaning and definition as set forth in the provisions of Wis. Stats. § 961.01(14), with the exception set forth in Wis. Stats. § 961.41(3g).
(3) 
Defenses. Authorization of possession of marijuana under Wis. Stats. § 961.32 or Wis. Stats. § 961.335 shall be a defense to any offense alleged hereunder.
(1) 
Statement of Purpose.
(a) 
The purpose of this section is to protect the public health, safety and welfare of the property and persons in the Village of Suamico by prohibiting persons under 18 years of age from possessing tobacco products and vapor products, and prohibiting the sale of tobacco products and vapor products to persons under 18 years of age.
(b) 
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. There are new 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," which allow the user to simulate cigarette smoking. 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.
(c) 
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 a few basic elements in common. A solution of water, dissolved nicotine, and other ingredients (usually flavoring) is heated with a heating element (usually battery-powered). This vaporizes the nicotine solution, which passes into a mouthpiece and is inhaled in a manner similar to cigarette 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.
(d) 
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. But, 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.
(e) 
The use of e-cigarettes and similar devices has increased significantly in recent years.
(f) 
Existing studies on electronic smoking devices' vapor emissions and cartridge contents have found a number of dangerous substances including:
1. 
Chemicals known to cause cancer such as formaldehyde, acetaldehyde, lead, nickel and chromium;
2. 
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.
(g) 
Some cartridges used by electronic smoking devices can be refilled with liquid nicotine solution, creating the potential for exposure to dangerous concentrations of nicotine.
(h) 
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.
(i) 
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.
(j) 
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.
(k) 
It is the intent of the Suamico Village Board, in enacting the ordinance codified in 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 re-normalizing smoking in public places and places of employment; by reducing the potential for children to associate the use of electronic smoking devices with a normative or healthy lifestyle; and by prohibiting the sale or distribution of electronic smoking devices to minors.
(l) 
Therefore, the Suamico Village Board determines that prohibiting the sale, giving, or furnishing of e-cigarettes to minors and prohibiting the purchase, possession, or use of e-cigarettes by minors is in the Village's best interest and will promote public health, safety, and welfare.
(2) 
Definitions. For the purpose of construction and application of this section, the following definitions shall apply:
LAW ENFORCEMENT OFFICER
The meaning given in Wis. Stats. § 30.50(4s).
MINOR
An individual who is less than 18 years of age.
PERSON WHO SELLS TOBACCO PRODUCTS AT RETAIL
A person whose ordinary course of business consists, in whole or in part, of the retail sale of tobacco products subject to the state sales tax.
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.
POSSESSION OF A TOBACCO PRODUCT
Either actual physical control of the tobacco product without necessarily owning that product, or the right to control the tobacco product even though it is in a different room or place than where the person is physically located.
PUBLIC PLACE
A public street, sidewalk, or park or any area open to the general public in a publically owned or operated building or premises, or in a public place of business or school.
TOBACCO PRODUCT
A product that contains tobacco and is intended for human consumption, including but not limited to, cigarettes, non-cigarette smoking tobacco, or smokeless tobacco, as those terms are defined in Section 2 of the Tobacco Products Tax Act, and cigars. Tobacco product does not include a vapor product or a product regulated as a drug or device by the United States Food and Drug Administration. Tobacco product also has the meaning given in Wis. Stats. § 139.75(12).
USE A TOBACCO PRODUCT OR VAPOR PRODUCT
To smoke, chew, suck, inhale, or otherwise consume a tobacco product or vapor product.
VAPOR PRODUCT
Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device shall 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 is being marketed and sold solely for that approved purpose.
(3) 
Prohibited Conduct.
(a) 
Consistent with Wis. Stats. § 254.92, a minor shall not do any of the following:
1. 
Purchase or attempt to purchase a tobacco product or vapor product.
2. 
Possess or attempt to possess a tobacco product or vapor product.
3. 
Use a tobacco product or vapor product in a public place.
4. 
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 tobacco product or vapor product.
(b) 
No individual, regardless of age, who is enrolled in secondary school may possess or attempt to possess a tobacco product or vapor product while on school property.
(c) 
An individual who violates Subsection (1) shall be subject to the civil forfeiture of at least $10 nor more than $50, plus costs.
(d) 
An individual who violates Subsection (2) shall be subject to the following penalties:
1. 
For the violation, the person is responsible for a civil infraction punishable by a civil forfeiture of at least $25 nor more than $100, plus costs.
(e) 
Subsection (1) does not apply to a minor participating in any of the following:
1. 
An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the minor's employer and with the prior approval of the local prosecutor's office as part of an employer-sponsored internal enforcement action.
2. 
An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the state police or a local police agency as part of an enforcement action, unless the initial or contemporaneous purchase or receipt of the tobacco product or vapor product by the minor was not under the direction of the state police or the local police agency and was not part of the undercover operation.
3. 
Compliance checks in which the minor attempts to purchase tobacco products for the purpose of satisfying federal substance abuse block grant youth tobacco access requirements, if the compliance checks are conducted with the prior approval of the state police or a local police agency.
(f) 
As stated in Wis. Stats. § 254.92(2)(a), Subsection (1) does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of that minor's employment if employed by a retailer licensed under Wis. Stats. § 134.65(1).
(g) 
This section does not prohibit an individual from being charged with, convicted of or found responsible for, or sentenced for any other violation of law that arises out of the violation of Subsection (1).
(4) 
Enforcement. A law enforcement officer shall seize any cigarette or tobacco, or vaping product involved in any violation of Section 11.78 (2) committed in his or her presence.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 134.66 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 118.15, § 118.16, and § 118.163 are hereby adopted in strict conformity and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
(1) 
Definitions. The terms used herein shall be defined as follows:
HABITUAL TRUANT
A pupil who is absent from school without an acceptable excuse under Wis. Stats. § 118.15 or § 118.16(4), for part or all of five or more days on which school is held during a school semester.
TRUANCY
A pupil who is absent from school without an acceptable excuse under Wis. Stats. § 118.15 or § 118.16(4) for part or all of any day on which school is held during a school semester.
(2) 
Habitual Truant. Any child found by the court to be a habitual truant shall be subject to one or more of the following:
(a) 
Suspension of the child's operating privilege as defined in Wis. Stats. § 340.01(40), for not less than 30 days nor more than one year. The court shall immediately take possession of any suspended license and forward it to the Department of Transportation, together with a notice stating the reason for the duration of the suspension.
(b) 
An order for the child to participate in counseling, community service, or a supervised work program as provided under Wis. Stats. § 48.34(9).
(c) 
An order for the child to remain at home, except during hours in which the child is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a child to leave home if the child is accompanied by a parent or legal guardian.
(d) 
An order for the child to attend an educational program under Wis. Stats. § 48.34(12).
(e) 
Any other order or forfeiture as permitted by Wisconsin statutes to be imposed in Municipal Court.
(3) 
Contributing to Truancy.
(a) 
Except as provided in Subsection (a) any person 18 years of age or older who, by any act of omission, knowingly encourages or contributes to the truancy of a child shall be subject to a forfeiture of not less than $25 and not more than $2,500, together with the costs of prosecution, and in default of the payment of the forfeiture and costs of prosecution, shall be imprisoned in the County Jail until said forfeiture and costs are paid, but not to exceed 90 days.
(b) 
Subsection (a) does not apply to a person who has under his or her control a child who has been sanctioned under Wis. Stats. § 49.50(2)(h).
(c) 
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) 
Truant. Any child found by the court to be truant shall be subject to a forfeiture of not more than $50 plus costs for a 1st violation, or a forfeiture of not more than $100 plus costs for any second 2nd or subsequent violation committed within 12 months of a previous violation.
Any child not in attendance at school, at the child's place of residence, or accompanied by a parent or legal guardian on a day on which school is held during a school semester and during the hours when that child is required to be in attendance at school shall be presumed truant. The child shall have the burden to present the court with evidence sufficient to rebut this presumption.
(5) 
Parent Liability. All or part of any forfeiture or costs assessed by a court under this section may be assessed against the child, the parents or guardian of the child, or both.
(1) 
Legislative Purpose. Pursuant to Sec. 59.54 (6), Wis. Stats., 1995-1996, the Suamico Board has determined that there has been an increase in juvenile violence, juvenile gang activity and crime by persons under the age of 17 in the Village and persons under the age of 17 are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of other perpetrators of crime. The Village of Suamico has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over the responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities, and a nighttime curfew for those under the age of 17 will be in the interest of the public health, safety, and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of the Village.
(2) 
Definitions. In this section:
CURFEW HOURS
10:00 p.m. until 6:00 a.m. the following day, each day of the week.
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 (defined below) 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) 
A person who, under court order, is the guardian of the person or a minor; or
(b) 
A public or private agency with whom a minor has been placed by the court.
MINOR
Any person under 17 years of age.
OPERATOR
Any individual, firm, association, partnership, or corporation, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officer of a corporation.
PARENT
A person who is:
(a) 
A natural parent, adoptive parent, or step-parent to another person; or
(b) 
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 place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
REMAIN
(a) 
Linger or stay; or
(b) 
Failure to leave when requested to do so by a law enforcement officer of the owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY
Any 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.
VILLAGE
The Village of Suamico, Wisconsin.
(3) 
Offenses.
(a) 
A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the Village during curfew hours.
(b) 
A parent or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the Village during curfew hours.
(c) 
The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(4) 
Defenses. It is not a violation under this Section 11.81 if 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 any employment activity or going to or returning home from an employment activity without any detour or stop;
(e) 
Involved in an emergency;
(f) 
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the county, or by any city, village or town, a civic organization, or another 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 adults and sponsored by the county, or by any city, village or town, a civic organization or another similar entity that takes responsibility for the minor.
(g) 
Going to, attending, or returning home from, without any detour or stop, a movie theater.
1. 
It is a defense to prosecution under Section 11.81 (3) (c) that the owner, operator, or employee of an establishment promptly notified a law enforcement department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(5) 
Enforcement. Before taking any enforcement action under this section, a law enforcement officer shall ask the offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection (4) is present.
(1) 
Purpose and Intent. It is the purpose of this section to discourage children of compulsory school age from unauthorized absences and to impose penalties upon those students and also upon their parents or legal guardians. It is the intent of this section to promote the development and welfare of these children by discouraging unauthorized absenteeism and encouraging school attendance. The Board hereby finds that daytime absence constitutes an increased risk to public safety, health and welfare of the citizens of the Village.
(2) 
Definitions.
RESPONSIBLE ADULT
A person 18 years of age or older who has the mental competency to fulfill the duty of protecting and caring for the general welfare of a child and who has a written authorization from that child's parent or legal guardian designating the person as a responsible adult, naming the child involved and designating the time period during which the responsible adult shall have control of the child.
SUBJECT TO COMPULSORY SCHOOL ATTENDANCE
Includes any child subject to mandatory school attendance under Wisconsin law in the school district of his or her residence, or any child found in the Village who would be subject to mandatory attendance if the child were a resident of the Village.
(3) 
Offenses.
(a) 
No child subject to compulsory school attendance shall be at any place within the Village, except in attendance at school or at the student's place of residence, during the hours when that student is required to be in attendance at either a public or private school as required by law, unless that child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the student is accompanied by the parent, legal guardian or responsible adult selected by the parent or legal guardian who supervises the student.
(b) 
Parental Violation. Each parent or legal guardian of a student subject to the provisions of this section shall have the duty to prevent that student from violating the provisions of this section and each failure by that parent or guardian to do so is a separate offense.
(4) 
Affirmative Defenses.
(a) 
It shall be an affirmative defense to Subsections (3) a. and (3) b. that the student, at the time of the alleged violation, was not required by law to be in attendance at the school attended by the student.
(b) 
It shall be an affirmative defense to Subsection (3) b. that the parent or legal guardian is the petitioner in a currently pending juvenile court proceeding involving the student or such proceeding in which the judge has retained ongoing supervision or jurisdiction.
(c) 
It shall be an affirmative defense to Subsection (3) a. and (3) b. that if at the time of the alleged violation the student was employed pursuant to a school sponsored program or was the recipient of a work permit issued by school authorities and the student was actually on the job or traveling to or from the job site or program location.
(d) 
Any party claiming an affirmative defense hereunder shall have the duty to prove the same to the same standard of proof required of the plaintiff in prosecuting the action.
(5) 
Warning. The first time a child is detained by law enforcement officers for violation of this section, the parent, guardian, or person having legal custody may be advised as to the provisions of this section, any violation of this section occurring thereafter by said child and parent, guardian, or person having legal custody shall result in a penalty being imposed in sub. (5) above.
(Suggested Warning Format)
Name: __________
The above-named juvenile was found in violation of the Village of Suamico (or Brown County) Daytime Curfew Ordinance. As parents or guardians responsible for such conduct and the welfare of this juvenile, you are hereby served this curfew violation notice setting forth the manner in which the law has been violated.
The Village of Suamico (or Brown County) Daytime Ordinance states:
No child subject to compulsory school attendance shall be at any place within the Village of Suamico (or Brown County), except in attendance at school or at the student's place of residence, during the hours when that student is required to be in attendance at either a public or private school as required by law, unless that child has written proof from school authorities excusing him or her from attending school at that particular time, or unless the student is accompanied by a parent, legal guardian or responsible adult selected by the parent or legal guardian who supervises the student.
Parental Violation. Each parent or legal guardian of a student subject to the provisions of this section shall have the duty to prevent that student from violating the provisions of this section and each failure by that parent or guardian to do so is a separate offense. To knowingly permit such child to again violate the provisions of this section, they shall be fined no more than $500 for each offense. If a child knowingly violates the provisions of this section, the child shall be fined no more than $500 for each violation.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 948.40(1), (2), (3), and (4)(a) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 948.21 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 948.70 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.24(1), (3), (4), and (5) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.20(1), (2), (3)(a) and (4) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 939.32(1) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.50(1), (1m), (3), (3m), (4)(a), and (5) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.455(1), (2), (4)(a), and (4)(b) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.46(1), (2), (4)(a), and (4)(b) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.47(1), (2), (3)(a), and (3)(b) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 941.36 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.55 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 948.63 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.34(1)(a) and § 943.34(2) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
It shall be unlawful for any person to return merchandise to a merchant for the purpose of claiming a cash refund or credit if the person intentionally deceives the merchant by doing any of the following:
(1) 
Represents that such person purchased the merchandise when the person did not purchase it.
(2) 
Represents that the merchandise was purchased from a particular merchant when it was not purchased from that merchant. Represents that the merchandise was purchased for a particular price when it was purchased for a lower price.
(3) 
Gives the merchant a false name or address.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.13 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.14, are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.145 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.11 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.125 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.07 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.01(1), (2m), (3), and (4) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.017(1), (4), and (5) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 947.012 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 947.0125 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
(1) 
Definitions.
HARMFUL TO MINORS
Any reproduction, imitation, characterization, description, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement when it:
(a) 
Predominantly appeals to a prurient, shameful, or morbid interest;
(b) 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and
(c) 
Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
MINOR
Any person under the age of 18 years.
NUDITY
The showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state. A mother's breastfeeding of her baby does not under any circumstance constitute "nudity", irrespective of whether or not the nipple is covered during or incidental to feeding.
(2) 
A minor commits the offense of sexting if he or she knowingly:
(a) 
Uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person by another minor which depicts nudity; as defined above, and is harmful to minors, as defined above.
(b) 
Possesses a photograph or video of any person that was transmitted or distributed by another minor which depicts nudity, as defined above, and is harmful to minors, as defined above. A minor does not violate this paragraph if all of the following apply:
1. 
The minor did not solicit the photograph or video.
2. 
The minor took reasonable steps to report the photograph or video to a school or law enforcement official.
3. 
The minor did not transmit or distribute the photograph or a video to a third party other than a law enforcement official.
(c) 
Uses a computer, or any device capable of electronic data transmission or distribution, to transmit or distribute to another minor any text, correspondence, or message of a sexual nature when it:
1. 
Predominantly appeals to a prurient, shameful, or morbid interest;
2. 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material or conduct for minors; and
3. 
Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.
(d) 
Solicits the transmission or distribution of any text, correspondence, message, photograph, or video from another minor that would itself be prohibited under this section of the Municipal Code.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 946.72(2) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 944.15 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 944.17 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 944.20 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 944.21(1), (2), (3), (4), and (6) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 944.23 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 944.30 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 944.31 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 943.33(1) and (3) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 947.013(1), (1m), (1r), and (2) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
(1) 
The act occurs while the actor is subject to an order or injunction under Wis. Stats. § 813.12, § 813.122, or § 813.125 that prohibits or limits his or her contact with the victim.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 947.02 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 940.225(3m), (4), (5), and (6) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 942.08 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
[Amended 6-21-2021 by Ord. No. 2021-05]
(1) 
Findings and Intent. Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who have committed sexual crimes against children present a threat to the public safety. The intent of this section is not to impose a criminal penalty against sexual offenders, but to promote and protect the health, safety and welfare of citizens of the Village by creating areas around locations where children regularly congregate wherein certain sexual offenders may not reside.
(2) 
Definitions. In this section, the following terms shall have the meanings indicated:
CHILD
As defined by Wis. Stats. § 948.01(1), any person who has not attained the age of 18 years, except that for purposes of enforcing this section against a person who has been convicted of a sexual offense, a "child" does not include a person who has attained the age of 17 years.
DESIGNATED OFFENDER
Any person required to register for a sexual offense under Wis. Stats. § 301.45, or any person required to register as a Special Bulletin Notification (SBN) sex offender pursuant to Wis. Stats. § 301.46.
LOITERING
Remaining idle in essentially one location, and includes the concept of spending time idly, to be dilatory, to linger aimlessly, to stay, to delay leaving, to stand around, and shall also include the colloquial expression "hanging around."
LOITER-FREE ZONE
The 500-foot radius surrounding all safety zones.
PERMANENT RESIDENCE
Any premises where the person resides or lodges for 14 or more consecutive days.
PROHIBITED ACTIVITY
Participation in any event involving children unless the designated offender is the parent or guardian of a child involved, and no other nonfamiliar children are present.
SAFETY ZONE
Any facility used as a school for children, including elementary, middle and high schools, licensed day-care centers, public parks or public park facilities, public swimming pools, recreational facilities and trails, playgrounds, places of worship, elderly housing, assisted living facilities, public libraries, youth centers, specialized schools for children, including, but not limited to, gymnastics and dance academies. The Village Clerk shall maintain an official map showing the prohibited locations and safety zones within the Village. The Village Clerk 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 Village Clerk and posted on the Village website. The map shall be for informational purposes only.
TEMPORARY RESIDENCE
Any place where the person abides, lodges or resides for a period of four or more days within a thirty-day period, or for a period of 14 or more days during any calendar year and which is not the person's permanent address.
VILLAGE
The Village of Suamico, Brown County, Wisconsin.
(3) 
Designated Offender Residence Restrictions; Exceptions.
(a) 
Prohibited Location of Residence. No designated offender may establish a permanent residence or a temporary residence within 1,500 feet of any real property upon which there exists a facility identified in this section as a safety zone.
(b) 
Determination of Minimum Distance. Distance will be measured for the purpose of determining separation by following a straight line from the outer property line of the parcel upon which the residence sits to the nearest outer property line of the parcel of land upon which the facility identified in this section as a safety zone sits. If the separation between the two parcels is not more than 1,500 feet, the entire tax parcel shall constitute a prohibited location of residence for purposes of this section.
(c) 
Exceptions. A designated offender residing at a temporary residence or permanent residence within 1,500 feet of a safety zone shall not be in violation of this section if any of the following apply:
1. 
Subject to Section 11.126(4) below, 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 section, and the designated offender has resided in such permanent residence or temporary residence continuously since the effective date of this section, except for temporary absences of no more than 30 consecutive days.
2. 
The designated offender is a child and, as such, is not required to register under Wis. Stats. § 301.45 or Wis. Stats. § 301.46.
3. 
The safety zone was established within 1,500 feet of a permanent residence after the designated offender had already established, reported and registered the residence pursuant to Wis. Stats. § 301.45 or Wis. Stats. § 301.46.
(4) 
Rental of Real Property to Designated Offenders; Notification Requirements.
(a) 
Rental of Real Property to Designated Offenders Prohibited. It shall be unlawful for any property owner to lease any residence, or any part thereof, with the knowledge that it will be used as a permanent residence or temporary residence by a designated offender, if the parcel of property upon which such residence sits is located within 1,500 feet of a safety zone as set forth in Section 11.126(3).
(b) 
Property Owners Leasing to Designated Offenders; Written Notice to Village Required. Any property owner who leases or intends to lease any residence or any part thereof within 1,500 feet of a safety zone, with the knowledge that it will be used as a permanent residence or temporary residence by a designated offender, shall provide written notice to the Village of Suamico no less than 30 days prior to the start of occupancy by the designated offender.
(c) 
Designated Offenders Establishing New Temporary Residence or Permanent Residence; Written Notice to Village Required. Designated offenders must provide the Village of Suamico no less than 30 days' written notice prior to establishing a temporary residence or permanent residence within 1,500 feet of a safety zone in the Village of Suamico.
(d) 
A property owner's failure to comply with any provision of this section shall constitute a violation of this chapter and shall subject the property owner to the same daily penalties listed in Section 11.126(8) of this Code of Ordinances
(5) 
Designated Offender Prohibited Activity Restrictions.
(a) 
Safety Zone Prohibitions. A designated offender shall not enter a safety zone or loiter within 500 feet of any loiter-free zone, except as set forth in Section 11.126(5)(b), Exceptions, below.
(b) 
Exceptions. A designated offender who enters upon or loiters within 500 feet of a safety zone does not commit a violation of this Section 11.126(5) if any of the following apply:
1. 
The property also supports a church, synagogue, mosque, temple, or other house of religious worship, subject to all of the following conditions:
a. 
The designated offender's entrance and presence upon the property occurs only during hours of worship or other religious programs/services as posted to the public; and
b. 
The designated offender shall not participate in any religious education programs that include children.
c. 
The designated offender is present for counseling or worship purposes with the prior or contemporaneous knowledge and consent of an individual in charge of the place of worship or such counseling or worship.
2. 
The property also supports a use lawfully attended by a child or guardian of the designated offender, for which a child's use reasonably requires the attendance of the designated offender upon the property, subject to the following conditions:
a. 
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, and only as reasonably necessary in connection with such activity.
b. 
Entry of the designated offender is approved by an individual in charge.
3. 
The property also supports a polling location in a local, state or federal election, subject to all of the following conditions:
a. 
The designated offender is eligible to vote;
b. 
The property is the designated polling place for the designated offender; and
c. 
The designated offender enters the polling place property, proceeds to cast a ballot with whatever usual and customary assistance is available to any member of the electorate, and vacates the property immediately after the voting.
4. 
The property also supports a court, government office or room for public governmental meetings, subject to all of the following conditions:
a. 
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
b. 
The designated offender leaves the property immediately upon completion of the business or meeting.
(6) 
Exception for Placements Under Chapter 980 of the Wisconsin Statutes. To the extent required by § 980.135 of the Wisconsin Statutes, and notwithstanding the foregoing provisions of this chapter, the Village of Suamico hereby exempts and may not enforce any portion thereof that restricts or prohibits a sex offender from residing at a certain location or that restricts or prohibits a person from providing housing to a sex offender against an individual who is released under Wisconsin Statutes § 980.08, or against a person who provides housing to such individual, so long as the individual is subject to supervised release under Chapter 980 of the Wisconsin Statutes, the individual is residing where he or she is ordered to reside under § 980.08 of the Wisconsin Statutes, and the individual is in compliance with all court orders issued under Chapter 980 of the Wisconsin Statutes.
(7) 
Severability. Should any section, paragraph, sentence, clause or phrase of this section be 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.
(8) 
Penalties. Any person, firm or entity who violates any provision of this section shall, upon conviction thereof, be subject to a forfeiture of at least $25 and not more than $2,500, together with the costs of prosecution, and in default of payment thereof, shall be committed to jail for a period not to exceed 90 days. Each violation and each day such violation continues shall be considered a separate offense. Neither the issuance of a citation nor the imposition of a forfeiture hereunder shall preclude the Village from seeking or obtaining any and all legal and equitable remedies available by law or this chapter.
(9) 
Appeal.
(a) 
Appeal. A designated offender who wishes to establish permanent residence or temporary residence within 1,500 feet of a safety zone, or a designated offender seeking a waiver of some or all restrictions imposed by this Section 11.126 may, no less than 30 days prior to establishing such residence, and no less than 30 days prior to entering any safety zone, appeal in writing to the Sexual Offender Residence Board. Written appeals must be directed to the Village of Suamico, c/o the Village Clerk.
(b) 
Sexual Offender Residence Board. Upon receipt of written appeal as set forth in Section 11.126(9)(a) above, the Sexual Offender Residence Board shall convene within a reasonable period of time and determine whether it is within the public interest, health, safety and welfare to waive some or all of the requirements of this section as they would otherwise pertain only to the appellant-designated offender.
(c) 
Considerations on Appeal.
1. 
In making its determination under this provision, the Sex Offender Residence Board may consider any or all of the following factors:
a. 
The circumstances of the case(s) that have led to the designation as a sexual offender, including:
[1] 
Relationship of appellant and victim.
[2] 
Presence of use of force.
[3] 
Presence of enticement.
[4] 
Proximity in time.
[5] 
Time out of incarceration.
b. 
Credibility of applicant.
c. 
Remorse.
d. 
Proximity of proposed residence to child congregation area.
e. 
Support network of applicant.
f. 
Support network and relationship of those at the proposed residence.
g. 
Counseling and treatment.
h. 
Any other facts relevant to the public health, safety and general welfare within the sole discretion of the Board members.
2. 
After deliberation, the Board shall forward its decision in writing within 10 days to the designated offender, as well as to the Brown County Sheriff's Department for its information and action.
3. 
Membership. The Suamico Public Health and Safety Committee shall serve as the Sex Offender Residence Board.
(10) 
Sunset Provisions. This section shall remain in full force and effect upon its passage and publication according to law unless and until the Wisconsin State Legislature enacts preemptive legislation on this topic, at which time this section shall sunset without further action of the Village Board.
(11) 
Effective Date. This section, as amended and restated above, shall take effect upon its passage.
It is recognized that smoking is not only hazardous to the health of those who smoke, but also to the health of non-smokers when in the presence of those who are smoking. Therefore the purpose of this section is to protect the public health, comfort, safety and welfare by prohibiting smoking in certain areas.
(1) 
Definitions. For purposes of this section, the following terms have the meanings indicated:
BAR
An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including but not limited to taverns, nightclubs, cocktail lounges, and cabarets.
BUSINESS
A sole proprietorship, partnership, joint venture, corporation or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered, and private clubs.
CONCESSION AREA
A place where food, drink or other refreshments are purchased directly from a concession stand.
EMPLOYEE
A person who may be required or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, or to go to work or be at any time in any place of employment, and a person who volunteers his or her services for a non-profit entity.
EMPLOYER
A person, business, partnership, association, trust, firm, corporation, including a municipal corporation, for-profit or non-profit entity, or governmental agency under the Village's authority that has control over a place of employment.
ENCLOSED AREA
A structure or area that has a roof and more than two substantial walls. A "substantial wall" is a wall with no opening or with an opening that either does not allow air in from the outside or that is less than 25% of the wall's surface area. All operable windows must be opened to their full extent at all times of occupancy as a smoking area.
HEALTH CARE FACILITY
An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, psychological conditions, including but not limited to hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, or other similar types places.
PLACE OF EMPLOYMENT
Any area under the control of an employer including, but not limited to, work areas, private offices, elevators, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, stairways, a lobby, and vehicles. A private residence shall not be considered a place of employment unless it is used as a child care, adult daycare or health care facility.
PRIVATE RESIDENCE
Premises owned, rented or leased for temporary or permanent habitation, including lobbies, hallways and other common areas in any apartment building, condominium, retirement facility, nursing home or other multiple-unit residential facility.
PUBLIC PLACE
Any area into which the public is invited or permitted, regardless of whether a fee is charged, including elevators, reception areas, waiting rooms, cafeterias, restrooms, lobbies, hallways and other common areas in any retail building, mixed-use commercial building, apartment building, condominium, retirement facility, nursing home or other multiple-unit residential facility. A private residence located within a mixed-use commercial building is not public place unless it is used as a child care, adult daycare or health care facility.
SERVICE LINE
An indoor or outdoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including but not limited to ATM lines, concert lines or waiting for public transportation. The term "service line" does not include lines in which people wait in their vehicle such as a drive-through or car wash line.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other lighted tobacco product in any manner or in any form.
(2) 
Prohibition of Smoking.
(a) 
Public Places. Smoking is prohibited in any enclosed area of a public place, service lines or designated Village property. Nothing in this section shall be interpreted as a limitation on the right of a property owner to prohibit smoking in any area where smoking is not prohibited by the ordinance.
(b) 
Place of Employment. It shall be unlawful for any person to smoke cigarettes or tobacco products in any enclosed area of a place of employment.
(c) 
Prohibited Areas. Smoking is prohibited in the following places: concession areas of restaurants, service lines, bus shelters, theatres, daycare centers, educational facilities, restaurants, taverns, private clubs, retail establishments, common areas of multiple unit residential properties, lodging establishments, inpatient health care facilities, government buildings, outdoor seating areas such as stadiums, bleachers or outdoor auditoriums for spectators of sports events, outdoor theaters, amphitheaters, public conveyances (mass transit vehicles and school buses), pavilions, gymnasiums, swimming pools, skating rinks, bowling center, or similar areas used by spectators at other public events.
(d) 
Smoking is prohibited in all enclosed places other than those listed, that are places of employment or public places.
(e) 
Village Parks. Smoking is prohibited in any enclosed area in Village parks.
(f) 
Paraphernalia Prohibited. Ashtrays, matches, and other smoking paraphernalia shall not be located in areas where smoking is prohibited.
(3) 
Exceptions. The following areas shall not be subject to the smoking restrictions of this section:
(a) 
Private residences are exempt from this section unless they are used as a child care facility, adult care facility, or health care facility.
(b) 
A room used by only one person in an assisted living facility as his or her residence.
(c) 
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) 
Posting of Signs.
(a) 
Every public place, place of employment, or any other area where smoking is prohibited by the ordinance shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited. Every vehicle that constitutes a place of employment shall post a conspicuous sign likely to be seen by any occupant clearly stating that smoking is prohibited. Use of the international "No Smoking" symbol, a pictorial representation of a burning cigarette in a red circle with a red bar across the cigarette, shall be construed as a clear statement that smoking is prohibited. The posting of signs is an affirmative duty upon the owner or operator of a public place, but failure of the owner or operator of a public place to post signs shall not be a defense to prosecution of a violation of this section. All such signs shall reference this subsection of the Suamico Village Code.
(b) 
Each sign and the language contained therein shall be clearly visible from a distance of at least 10 feet. Every vehicle that constitutes a place of employment under this section shall have at least one conspicuous sign, visible from the exterior of the vehicle, clearly stating that smoking is prohibited.
(c) 
It shall be unlawful for any person to remove, deface, or destroy any sign required by this section, or to smoke in any place where any such sign is posted.
(5) 
Retail Sales of Cigarettes. Nothing in this section shall prohibit retail sales of pre-packaged cigarettes and cigars upon obtaining a license pursuant to Chapter 5 of the Suamico Code of Ordinances.
(6) 
Enforcement. The Police Department, Fire Department, Village Zoning Administrator or their designee shall have the power, under law, to enter upon the premises named in this section to ascertain whether the premises are in compliance with this section.
(a) 
The proprietor, employer or other person in charge of premises regulated hereunder, upon either observing or being advised of a violation, shall make reasonable efforts to prevent smoking in prohibited areas by approaching smokers who fail to voluntarily comply with this section and requesting that they extinguish their cigarette or tobacco product and refrain from smoking. If the person refuses to comply, the proprietor, employer or other person in charge may ask the person to leave the premises, and to contact the Police Department if the person does not leave after being requested to do so.
(b) 
Any person who desires to register a complaint under this section may contact the Police Department.
(c) 
Any person who violates, or knowingly allows or permits any violation of, any provision of this section, shall be subject to a forfeiture of not less than $25 and not more than $2,500 per violation. Failure or refusal to pay the forfeiture may result in imprisonment for a period of not more than 90 days for each violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues.
(7) 
Clean Indoor Air.
(a) 
Intent and Construction. The Village of Suamico finds that it is in the interest of the health, safety and welfare of the community to adopt by reference 2009 Wisconsin Act 12, and subsequent amendments, additions and recodifications. This section shall not be construed to mean that progressive discipline of Village employees for violations of laws, rules, and regulations is only authorized where explicitly provided by ordinance.
(b) 
Penalty. The penalties provided by 2009 Wisconsin Act 12 shall be in addition to the penalties provided for violation of Chapter 11.199 when a person has violated both laws. In addition to the penalties provided by this section and 2009 Wisconsin Act 12, any Village employee who violates any provision of this section or 2009 Wisconsin Act 12, may also be subject to progressive discipline by his or her employer.
(1) 
Possession Use and Sale are Illegal. It shall be illegal for any person to possess or attempt to possess a control substances specified in Section 961.14(4)(tb) to (ty) Wisconsin Statutes as further defined in 2011 Wisconsin Act 31.
(2) 
First Offense Violation Only. Now withstanding the foregoing, any person who is charged with possession of a controlled substances specified in Section 961.14(4)(tb) and (ty) following a conviction for a controlled substance in this state shall not be prosecuted under this section pursuant to Section 66.0107(1)(bn) Wisconsin Statutes.
(3) 
Penalties. Any person violating this section shall be subject to a forfeiture of not less than $25 nor more than $2,500 exclusive of cost and upon failure to pay the same shall be confined in the county jail for not more than 90 days.
(1) 
Purpose. The primary purpose of this section is to prevent the misuse of the emergency 911 number. Further, it is meant to encourage parents or the legal guardian of a minor, to maintain control over the actions of the minor and prevent the misuse of the 911 emergency number.
(2) 
Misuse. The intentional calling of 911 emergency number and knowingly giving a false report, or no report, or as a prank when no emergency exists and no valid request is made for emergency services.
(3) 
General Provisions.
(a) 
It shall be a violation of this section for anyone to intentionally call the 911 emergency number to knowingly give false information, no information as a prank, or when no valid request for emergency services exist.
1. 
It shall also be a violation to knowingly encourage, aid or permit another to make a call as defined above.
2. 
It shall also be a violation of this section for anyone to hook up their alarm system to the 911 number.
3. 
Each call shall be considered a separate violation.
(b) 
A parent or legal guardian of a minor may be found liable for any injury or damage, which may result from the misuse of the 911 number and penalties may be imposed under Wis. Stats. § 895.035.
(c) 
This section does not attempt to restrict emergency calls, but only to prevent the misuse of the 911 number.
(4) 
Penalty. Any person violating the provisions of this section shall, upon conviction, be subject to a forfeiture of not less than $25 nor more than $2,500, together with the costs of prosecution, and upon default of payment be imprisoned in the county jail not less than two days nor more than 90 days.
(a) 
Parents or a legal guardian may be held liable for the acts of minors subject to the above penalties, if they know or should have known that the absence of control of their minor may or could result in the misuse of 911.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 942.01 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 942.03 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of the statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 942.05 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of the statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 942.09(1), (3m), and (5) are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of the statute incorporated herein are intended to be made part of this chapter.
Except as otherwise specifically provided in this chapter, the statutory provisions in Wis. Stats. § 942.10 are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of the statute incorporated herein are intended to be made part of this chapter.
[Added 5-2-2022 by Ord. No. 2022-08]
Except as otherwise specifically provided in this chapter, the statutory provisions in § 192.32, Wis. Stats., are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
[Added 5-2-2022 by Ord. No. 2022-08]
Except as otherwise specifically provided in this chapter, the statutory provisions in § 192.321, Wis. Stats., are hereby adopted and by reference made part of this chapter as if fully set forth herein. Any future amendments, revisions, or modifications of this statute incorporated herein are intended to be made part of this chapter.
(1) 
Penalty. Any person who violates, or knowingly allows or permits any violation of, any provision of this section, shall be subject to a forfeiture of not less than $25 and not more than $2,500 per violation. Failure or refusal to pay forfeiture may result in imprisonment for a period of not more than 90 days for each offense. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues.
(2) 
Severability. If a court of competent jurisdiction deems any provision of this section invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions of the same. The several sections of this section are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the court's decision, portions remaining in the ordinance shall retain the full force and effect thereof.
(3) 
Enforcement. Enforcement of this chapter shall be the responsibility of the Board or its designee, and/or Police Department.