Loading...
ORD1989640COMMON COUNCIL - CITY OF MUSKEGO 0E.DINANCE /I640 AN ORDINANCE TO REPEAL AND RECREATE SECTIONS 9.001 (1) h 9.35 OF THE MUNICIP4L CODE OF THE CITY OF MUSKEGO (Cigarette & Tobacco Products) STATE OF WISCONSIN DO ORDAIN AS FOLLOWS: THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY, SECTION 1: Sections 9.001(1) and 9.35 of the Municipal Code of the City of Muskego are hereby repealed. SECTION 2: Sections 9.001(1) and 9.35 of the Municipal Code of the City of Muskego are hereby created to read as follows: 9.001 STATE LAWS PROHIBITING CERTAIN OFFENSES ADOPTED (1) Except as otherwise specifically provided in this Code, 48.983, 134.66 and 161.41 (3) and Chapters 939 through 947, the current and future statutory provisions of Sections Wisconsin Statutes, describing and defining regulation against the peace and good order of the State, and cross reference contained therein to other sections and subsections of the Wisconsin Statutes, exclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a term of imprisonment, are adopted and by reference made a part of this Code as if fully set forth herein. Any act required to be performed or prohibited by any current or future statute incorporated herein by reference is required or prohibited by this Code. Any future amendments, revisions or modifications of the current or future statutes incorporated herein are intended to be made part of this Code in order to secure uniform statewide regulation of peace and good order of the State. 9.35 ENFORCEMENT It shal.1 be the duty of the Muskego Police Department and the City of Muskego City Attorney to enforce the provisicms of this chapter. Such enforcement Citation being writt:en, whose contents shall conform to shall be initiated, where appropriate, by a City Ordinance the requirements fou.nd in Section 800.02(2), Wis. Stats. or Section 778.25, klis. Stats., including any future amendments, revisi0r.s or modifications to the requirements found in those statutes. In the event that it is not appropriate to issue a citation under the current or future statutory provisions of Sections 800.02(2) or to the City Attorney's office where a City ordinance 778.25, Wis. Stats., then the violation shall be referred shall be drafted and served upon the violator- Ordinance !I640 Page 2 SECTION 3: Tbe several sections of this ordinance are declared to be severabde. 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 decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any of this ordinance are hereby repealed as to those terms that other ordinance whose terms are in conflict with the provisions conflict. SECTION 4: This ordinance shall be in full force and effect from and after its passage and publication. , 1 9 89. Passed and approved this 25th day of April IC, I CITY OF MUSKEG0 # I WAYNE G. SALENTINM MAYOR ATTEST : City Clerk PUBLISHED THIS 4th DAY CIF May , 1989 . - . 7 specified in B. 940.203. id who has not aaained ,: as provided in nub. (3.- MDERACE ispensea or givu away Of B. 125.07(1Ma)l or 2 m r. ,Ad 336 &drinLinpyc; .ad (.)’lbcprron~a.~u~hve~ownthttbc~pMaNoadcrUn a result of aDnsuming vhe dcohol beverage8 provided in riol.rion of a. 125.07(1Xa)l or (b) 7he undemge pm:n dies or suffers great bodily hum. u Mi 51 a. 939.22t10. e om) Ia &h&g oak rub. OM.) whether a prsoa h or hnld hve ~DOWTI *t the undemge pemon m under the legal drinking age. rll relevant circnmmtance~ munding the pmurinl:. ding. dispensing or giving away of the dcohnl bcv-gea my be eonsidered. including my circumstance under pm. (a) to (d). In ddition, a pnon hu a defeme to crimid liability under aub. (1) if all of rbe following ooo1l: &king age. (a) Thc llndenge person fhly reprenenta that he or she hr attained the kd tht he or she has attained the legal drinking age. (b) The underage peno~~ supports the representation under par. (a) with dmmentation representation that he or she has attained the legal dinking age. (e) The alcohol beverag4:s are provided in gd faith reliance on the underage person’s would believe that he or $:he had attained the legal drinking age. (d) The appearance of the underage person is such that an ordinary and prudent person (2) Whwver violates sub. (1) ma-: (a) If the underage person is at least 12 years of age but less than 18 yean of age. be (b) If the underage peEon is less than 12 years of age, be fined not more than S10.000 rued not more than $1.000 or imprisoned not more than 90 day or both. or imprisoned not more *.,an 9 monrhs or both. CIGARETTE!; ASD TOBACCO PRODU-HILDREN 198i H’IS. Am 336 198; A.B. 390 Dare of enactment: April 20. 1986 Due of publiouon: April Zl. 1986 Effective date: Jul~ 1. 1989 A. Am 0 onvd 71825 ltillc) Md ?iBZ5(2Ke): and 0 cmfr u1.983.134.66 Md 77Bt5(1 MDU of Lhe statutes. nhtiw 0 prohibilinr cigarette ud tobacco producu uln to mnd purchr by errUin pnons. dim1ribu:ion of ciprrlm and tobsrco producu for nominal or no conmiden. lion Lo ceruin prmna.. ci-ulc vending machine btion. and providing m pndW Thr proplr of thr state of H’isronn’n, represented in srnofr ond assembly. do mort SECTIOS 1. 4e.983 of rhe 5tatuws is created to read: 48.983. Liw of cigaretm and tobacco produela prohibited os follovs: (1) In chi seetion: (a) “Cigarem” has the meaning given in 8. 139.3q1). (a) “Law enforcement officer” has the meaning given in 6. 30.Wls). (e) ‘Tobacco products” Ius the meaning given in 8. 139.75(12). (2) Except as provided in sub. (3). no child may do MY of the follouing: (a) Buy or atkmpt to buy any cigarette or tobacco product UbwabminMkaId~nb.rlln:bUbm~LIC..I, 457 IWU BIENNIAL -ON (b) FJ.eb represent: hb or her .ge for th pnrpme of &vbp my toha0 aodtln m the o~nrne of employment duMg hL or ber working bourn if employed by a retder (9) A child map purchue OguetLm or Ubao pmduc~l for the .ole purpmc of rruk kad PDdU m. 18L65(1). any Tiohtion of sub. E? eommitted in hL or her prese~cr (4) A hw enforoernent offiir shan uizt an9 apuatc or tob.Ce0 pmduct mmhd im regulncld by this ae&m only if it I- mnfo~ to thim don. A wuty ordinance (5) A county. tom. village or city -9 adopt UI cdinmee regukhg the eonduct or do@ UI ordirrPacr nnder this snbsccbbn. .doptcdpnduthLMtiandas~trpptyrithin~ytorg~orocythrb.aadoptad SECTION 2 134.66 of the statutes is created b red 134.66. Rarrictions on de or @I of ciprettn or tobacco prductr (1) Mitiona. In this &on: (a) “Cigarette” has the meaning given in a. 139.30(1). (b) “DEmburor” means any of the following: 1. A person specified under 8. 139.W3). 2 A person 8peciFd under 6. 139.7514). (e) “Identification card” means any of the following: 1. A license containing a photograph issued under eh. 343. 2. An idenrifieation cud issued under a. 343.50. 3. An idencification card issued under 8. 125.08. (d) “Jobber” hos the meening given in s. 139.3W6). (e) “Yanufrrehuer” means my of tbe following. 1. A person spedid under 8. 139.300. 2. A person upecifi~d under 8. 139.7515). (0 “Place of business” means my place where cigprrhes or tobacco products are sold. manufneturrd. or stored for the purpose of de or eomumption. including any vessel, vehicle. pir;llane. pnin or vending machine. (9) “Retder” meam any person knned under s. 134.65(1). (h) ‘*jchool” hns the rn-ning given m E. 118.257(1Mc). (i) “Subjobber” hk= the meaning given in 8. 139.75(11). 61 ‘Tobacco products” has the meaning given in s. 139.75(12). (I) ”Vending machihe” hrs the meaning given in 6. 139.30(14). 0) “Vending machine operator” hrs the meaning given in s.139.30(15). person under the age of 18. except LS provided in 6. 48.983(3). A vending machine (2) Restrictions. (a) So retailer may sell or give agar=%& or tobacco pducrS to’ans operator is not liable under this paragraph for the puxhase of cigarettes or tobacco pmducrs from his or her vending machine by a perJon under the age of 18 if the vending machine operator ws unaware of the purchase. (b) 1. A retailer shall post a sign in areas withiin hir. or her premises where cigarettes or tobacco products arc sold (0 eowumers statiog that the ale of any cigarette or tobacco product to a person under the age of I8 h unlawful under this section and B. 18.983. of his or her vending machines stating that the purchve of any ciprette or tobacco 2 A vending machine operator shall atteh a DO& in a conspicuous pb on the hnt product by a person under the age of 18 is unladul under s. 48.983 and that the purchaser in subject C) a fodeiture of oot to exceed $5. (c) 1. No pemn nay place a vending nuchine mibin 500 feet of a school. #AWkmhmrnWkvW~~~~~ odUN 0 acto products are sold. . including any vessel. 30(153. >barn products toiny cigarettes. or tobacco A vending machine -e of 18 if the vending qises where cigarems section and a. 48.983. IF cigarette or mbacco ?ow phee on the hnt 48.983 and that the ciprette or tobsfco >f a school. d a w BlENNUL BEWON Act 336 2 Except u provided in aobd. 3. a rending nuchine Dpntm ahll remove dl of him or &d month beginning afm the effective date of this aubdivimiin.. . . [revi.ot W dab]. rending avehmer which am loated within 600 feet of a vhool by the firnt da~ of the *rator governs the bation of his or her vending machine which is located within 500 3. Notwithstanding mu'bd. 2. if a written agreement biding on a vending machine feet of a whool. the vending nuehine owner shall remove the rending machine on tb date *t the mitun .gmmult apirea or would be extended or reaewed. .pen&, may provide dguvttes or tobum produets for nomihll or no considention to any (d) No manufncwrer. dutriiutor, jobber. rubjobber or rrbiler. or their employes or Von under the age of 18. (3) Defense of rruiler.. Proof of dl of the following facu by a rekiler who db dsyertes or toham products to a person under the age of 18 is a defense to any pmsecution for a violation. of sub. (2Ma): presented an identification urd. (a) That the purchaser falsely represented that he or she had attained the age of 18 and sould believe 'ht the pucker had attained the age of 18. (b) That the appearance of the purchaser was such that an ordinary and prudent person cud and appearawe of the purchaser and in the belief that the purchaser had anained (e) That the sale was made in gmd faith, in reasonable reliance on the identifmtion *e age of 18. (41 Penalties. (a) 1. In this parapraph. "violation" means a violation of sub. (2Ha). (c) 07 (d) or a loa1 ordinance which stnctl: conforms to sub. l2Hal. (c) or (dl. 2. A persor. who commits a violatior. is subject to a forfeiture of conths of the riolation: cc a. Sot more rhan $509 if the pemx has not committed a previous violation wilhin 12 Galation within 12 monh: of the riolation. b. Not less than $2@0 nor more than 8500 if the person ha5 committed a previous LO a person for: 3. A coun shall suspend any license or permit issued under s. 134.65. 139.34 or 139.79 a. Not more than 3 days. if the court finds that the person committed a violation mithin 12 months after committing one previous violation; b. NOI less than 3 da!;s nor more than 10 days. if the court finds that the person committed a violation wrllin 12 months after committing 2 other violations; or c. Not less than 15 days nor more than 30 days. if the court finds rhat the peson committed the violation aithin 12 monrhr after committing 3 or more other vioia:ions. 4. The COUR shall promptly rmil notice of a suspension under SUM. 3 to the depart- ment of revenue and to th,! clerk of each municipality which has issued a license or permil fp the person. (bl Whoever violates sub. (2" shall forfeit not mort than S25. (5) Local ordinance. IL county. tou.n. villaee or city ma: adopt an ordinact reylal. kg the conduc: regulated by his secrion only if II srric:ly conforms to this semor. A nvmt! ordinance adopted .mder this subsection does no: apply uithin an! town. \,!lag? or eiry that has adopted or adopu an ordinrnce under this subsection. SECTION 3. iYb.25 (ode) of Lhe sta:.~tece is amended to read 0 i78.25. (tirle) Citation procedure; certain alcohol beverages. lobacco. hamsment and dety violatiom SECTION 4. 778.25(1Ma)4 of the statutes is created to rrad: " 1 .s.3 jurisdiction under ch. 48. (1Xa)4. Under 8. 48.983 brought against a minor in the court assigned to exercise ~diaau~m~nblrdh~~:dmmmhr.lk.llb 459 SCHOOLS-PUPIL REXORDS-CO?rTIDENTlALITY 1987 WIS. ACT 337 1987 A.B. 528 D~W or -m"t: ~~d a0.1~~ Daw of publication: April 27. 1986 Effmjvc daw: April 25. 19BB AX ACT b mumbrr dnd Omad IIB.IZY2Hg): and Lo create 118.125(2H;)Z of the su1uICT. nlotinp lo the confidentiality of pupil mod& as follmLs: read Thr pcople of the S~LC of U'kiowi% represented in smote and aw-mbly. do mort SECTlOh' 1. lle.l25(?Xg) of the statutes is renumbered 11F.I25(1HglI and amended lo 118.125 I2Xg)l. The school board may proride any public officer with any SECTIOS 2. 118.lZA2XgE of the statutes ir created to read: information required lo be maintained under chs. 115 to 121. 118.125 (2Xg)Z. Upon request by the deparbnenf the Bchool board shnll provide the depd. men1 with my infolmntioo contained in a pupil record that relater lo an audit or compliance with requirements under chs. 115 to 121. The department shall keep confiden. evaluation of a federal or statesupported program or that is required to determine tial all pupil records provided lo the department by a school bod. 460 STATE AID-ED~CATION-HILUDlCAPPED PERSOSS AXD STUDE5T PARE>= 1987 WIS. ACT 338 1987 A.B. 654 Lhu or cawment ~pri~ m. 1988 Daw of publication: April 2;. 1388 #dlU0?4 c h( m hd*.od h w. - b# - -4 its depuris at dl mmnabk bun. ipcbn by the drpnmcnt of mtunl re In uking a dipmcnt of Ovu~tmu tms. by mhmd or truck. such dealer ahdl such to the aa~& of each package. b01. bde or trvcklod 01 arbad IO ahippd. ug or Lbel on which number. No common ar.icr. mck huL s. Q agent thereof. my receive for shipment or olmporution MY such trees. branches. boughs. busbu. uplings or shrubs U&*Y such tmg or Lbcl .hll be atached &rem. .by prwn rho vihus any of the pvhio~ of rhu BuWn m-nt for any purpose rprcifml in this rubs- IIUU forfeit not more thmn SIW. Every nitten liar: md every cenifed cop? of such cotwnt shall be deemed tn be a mntten >nsmment. and M?. pmn who shall sip UI:~ such mritten ~~tbeddd8W.dhIdk mruent or di sw thereof rb i DO( authorized to do m. md any pnon rb .hll knd or tnnafer or offer to knd rn &a uy MoLher pwn rho h not caticlrd to the such wrirtcn consent rn add copy tberrof to mch niacn consent or etnified mpy M. 01 me. ud MY p~a not mtitkd b = my who shdl brmr. receive or diiit bum mother any such witten mnmt or anifi (hm of shall h rued not more than $50 or inphned not more than W days or both. The ao.iinr of tbi~ aub.x&an. otber thvr tbe requkmmr thmt no pmn aha11 cut or remove tm6, hneb es. boughs. bushes or shnrbs fmm Lhe hndr of mother without his or her antten conren!. aha11 Lhr insprcrion and ule of nurser?. 5tOcL." in no modif? or nullif? r. 94 60 relaling to 134.65. Cignrettc and tobacco products retailer license indkectly sell, expose for sale. possess uith intent to sell, exchange. barter. dispose of or (1) No person shall in any ~mnner. or upon any pretense, or by any device. directly or Fve away an? cigarettes or tobacco products to any person not holding a license hc herein prorided or a permit under ss. 139.30 to 139.41 or 139.39 without fvst obtaining a license exerdsed. frorr. the clerk of the tit?.. villaee or tow -such privilege is sought to be (2nd * . ' Exceot as pro\-ided in 3ar. (b~. upon filing of a ?roper written application . - - shai: be issuec on Jui~ 1 of each year or when applied for and continde in force until the followine Junv 30 unless sooner revoked. The fee for ' . the License * - * is $5 which shal! be paij to the c~t?, rillage or town treasurer before thexcerse is 6, In any municipality electing to come under this paragraph, upon filing of a proper arirrpn application a license shall be issued and continue in force for one year from the daw of issuance unless sooner revoked. The fee for the license is $5 whlch shall be paid to ?.he city, village or town vzasurer before the license is issued. issued: t t t * t and receiprs of cigarettes tobacco producls. Such records shall be preserved on rhe 141 Ever). licensed reuiler :;hall keep complete and accurate records of all purchases licenced premises for 2 years 'm such a manner as to insure permanency and accessibility sulv and local law enforcement officials. for inspection and shall be subject (0 inspection at all reasonable hours by aurhorized t t t t t SOW- of Drririonr 1. Cicsrcttcs 8 4606I. ourlauing "clprettes." that the kph. II was pmsurnrd in enacunp Sup.1906. lure u4 thal word la describe wm well known. recognized. md definite uricle. Suu v. Wrich 119071 113 S.W. 386. 133 Wk'k. UZ 14 Ann.&. 932. 125.075 RECULATlON OF TRADE representation that he or she has attained the legal drinking age. would believe that he or she had attained the legal drinking age. (e) The rlcohol bevmges ue provided in good faith reline on the underage person's (dl The appeuance of the underage person is such that an ordinary and prudent pnon (2) Whoever violates sub. (1) may: (8) If the underage person is at least 12 years of age bur less than 18 years of age. be (a) If the underage person is less than 12 years of age. be fined not more than $10,000 fined not more than S1.OOO or imprisoned not more than 90 days or both. or imprisoned not more than 9 months or both. Sum: 19s; Act 335. 8 1. ell. April 2F. 3968 125.08. Proof of age of administnuon a :;udndard identification card form. There shall be pro\-ision on the (1) Identification card. la) Form The attorney general shall cenifv to the secretary card for the applicant's name. date of binh. description and address, for a picture of the applicant, for the cads issudnce date and number. for rhr sipatures of the appliednt and , officer. issuing officer, and for rhr name. offrcial title and county or 1st class citv of the isruinp (b) Surnbr+ng. ?he attorney generdl shall specify a numbering system IA be used for cards shall be numbrrtd 2rior LO their dixributlcr. tc issuing officer3 and rht numhers identification cards which may include a code drsipating the county of issuance. All shall be recorded by rhc depar.rne.r.l of admmistra:ior.. identification cards. The cards shall be processed on mattrial and in ' ' . (cl Prorrssing. The depamnent of administratior: .ha;! contrar: for the proeessinr of Le manner tion or forge" ' * * a . ' the depanmen.: of aaminisiralion determines bes: avoids the possibilir! of duplica- The card shall include a facsimile of the coat of arms of ' ' ' this Stale. lion forms only to ir:suine officers uDon their reauest and Davment of cosfs. Prior to (d) Disfribufion. The department of administration shall distribute blank identifica. - distribution ' ' * the depanment ofadministratibn shall inen on the forms * . ' the issuing officer's title 2nd count!. - le) Lkr. So issuing officer may issue any identification card except in accordance with this section. So card other than the identification card authorized under this section may be recognized as ar., off~cial identification card in this state. except a license or an contains a photopaph of the holder In place of an official identiflcatlon card. documen identification card awed . ' ' bv the department of VansporWtion under ch. 343 Ihar tan' proof under s. 125.Oi(il rnay k substituted. (21 Application and issuance of card. la1 Elrgibilify. Any person ' ' . e attained thr krhl dria aFe ma!. apply to the issging offlcrr of the county In whlch he or ahr resldtr for Issuancv of an identificaaurr card under this sectiun. Tempordti resident-= of this sutc or rrsidcnts trm;norsrily residir.G in anuther count!. rnay apply in their coun:y of tcm;.rsrar; rr=!?rnrr. Edch &pp!iczr:: shdl 5ubmil with thr ay?licatiun a bich or Lap:isma' cvrullcstv or hri off1ci;ll pwcmr,ent pa..+mr: attrstinr :<I the appli- cant's apr. and otn~ dwunrnr- rrqurrd by the I.cduing offirrr. For fcreign born applicanls. the iscainc officer ma?, in lieu of a bin5 or bq~tismal certificate or passport. citizenship hc eridence of age. If rhe issuing officer is satisfied in circumstances where accept an alien rrmstra:ion receipt card. certificate of naturalization or certificate of the applicant appean; to be over the age of 60 that good reason exists for the inability of the applicant to submit a binh or baptismal certificate. the officer ma? accept other sufficient ecidence of ape. b) Promsing. Pnor to issuing an idrntificdtiun card to an applicant. the issuing officer shall require that a ' ' plmotopraph of the applicant be affiird to the form and 52 that the form be sigr,rd h!. the applicant and the issuing officer. The issuing cfficer shall AUdlllon~ In 1.~1 are LndlUleU by -. aaellme by UICflsks ' * C ! .ing age. Ln ordinary and prudent person ing age. lt ItM chm 18 yevs of we. be 90 days or both. k fined not more than 510,ooO rhem shall be provision on the ral shall certify to the seeretar?' nd address. for a picluw of be signatures of the applicant and or 1st class tit>- of the issuing umtering system to be used for >31n~ officers and the numbers :F the count? of issuance. All 3ter;nl and in * . the manner :I conmct for the processing of oat of arms of - . . thi - shall distribute blank identifica- :nd payment of COSLS. E to :I insert on the forms * possibilityTf duplica card except in accordance with .,onZed under this section ma? staate. except a license or an .nsponation under ch. 343 that :-I idenuf~cation card. documen ~ ~~ ,y. .4ny person ' ' . who has offncer of the county in wh~ch hr under this section. Temporan- in another county, ma!. apply in 211 submit Fith the application a p3is;nm attesting to the apph II~,C officer. For foreign born ,almsma1 cer.iflcak or pcsspon. satisfled in circumstances where naturalization or cenificate of che officer may accept other reason exisrs for the inability of ,rd to an applic;mt. the issuing ican: be affixed to the form and .,fflcer. The issuing officer shall I RECULATlON OF TRADE 125.08 md the eompltted form to the dcpvrment of administration for p-ing of the officer for issuance (0 the applicanL The department of administntion ahall charge the idenlirmtion cud and the &went of administration shall return ic (0 the ksuing issuing officer for ill msLS under this pamgrrph. (e) Duplicofes. DuplicaCp identification cards may k issued in the same manner as OR original idenrifrcation cprb. The applicant for a duplicate card shall sign a sworn aULtCmeOt that cbe On@ cud has been lost or atolen and that if the original ard is clearly sIamped "duplicate" by the issuine officer. and the issuing officer shall notify the recovered. the a;~plicant will return it to the issuing office. A duplicate eard rhall be county sheriff of iLs issuance. I S. The issuing officer ahall deposit the fees in the triGury of rhe eountg or municiplli- (d) fccs. The fee for an identification card is ' . $4. The fee for a duplicate card is ty. (e) Issuing oflkrn. The register of deeds in each county shall be the sole issuing officer in the county ' '. 10 trnglh of limrfihs rrloined. The issuing officer may destroy identification card applications after they hare been on file for 5 Fears. Any person who has amined the le@ drinking ape. other than one au!horized by this (3) Violations: penalties. la) Pcn0n.r uho haw allai,rrd Ihr lrgal dm'nking agr. 1. section or s. 343.53. who makes. alwrs or duplicates an official identific2:ion card&@ provides ar. off~c~al identification card to an underqr person or who knou:r.pIv pror~des other documenta:ion W an undencr person purp0n;r.c to show that thy undznge person hac arramed 'At- !real drinkmc ape may be fmed not less chan 350 nor mor- than bj00 or impnsonrrl no; less than 10 da?": nor morr than 3rJ days or both. 2. Any person aho ha5 at'ained thr Iepl drickinr apr who. in rr.;!ying for an identific~~t~on card. presecti fake infcrmation 10 thc ISF~I~F officer may k frned not 1ez.c than SO nor more than or imprisoned not mor? than 10 days or LC.:!,. 1 I i I I 1. Intentionally carries an official identification card not legally issued to him or her. (bt 1'ndc.ragr Jvnom. .in?. underage penon who does any of the follc.u.ing is subject U, the penalties specifled under s. 1Z.O7(4b!cl or (dl. except that the MUT. mar increase the forfeiture for a first violation or a 2nd violation wthin 12 months us not more than $500 an official identification card obuinrd under false pretenres or an offick: identification card which has b?en altere4 or duplicated LO convex false information. . - ' i - i 2. Makes, alters or duplicate.; an official ident~fication card. 3. Presents false information to an issuing officer in applying for an offlcial identifica. 4. Intentionall? carries an identification c3d or ocher documentation shnwing that the person has al'aiced the legal drinking age. with kr.ouledpr that the dc-:=.-;menution is false. 5. Provides to another underape prsor. an offacial identification card or other docu- drinkinc age. wi:h knrwledp that tht dwunwr.a:lau: 15 f~l.,,. menlation purprling la shorn th31 thr <,[her una?ragc. I,rr>on ha- a:.L;-.?d the ]era] tion card. 21. 1. 53 L 125.08 alcohol bererages ''la) Purchase. proarc. possess and consume tion cud. "lbl Appl~ for and cam an official identifia. perm1 he or shr L othemlrr qualified. under "1~1 Obtain an?. al.:ohol bcvenge license or section Iti.04ljMa1 0:' the statuws. u) meive. Libra- hfercnm lnulriounf Liquom -15%?1 CJ.5 lnroxiutinp Lquo- 6 255. WESTLAW Electronic Rncsrrh lowing tht Preface. See W'LZTL4A' Elccvon~c Research Guide fob tiotn of Decisions 1. In rcnrnl one "dupliuu' uniform sme idcnufiotion urd Vnder the provisions of former 8 66.057 only mighl bc isswd ro replace am onpnal idenufiu- Iion urd. 61 0p.Atty.Gen. pi (19721. 125.09. General rvstrictions 11) Public place. So ouner. lesser or person in charEe of a public place may permit the consumplion of alcohol beverages on the premises of the public place. unless the person has an appropriate retail license or permit. Thk subsection does not appl? to and stadiums. schocml buildings churches, premises in a staw fair park or clubs. municipalities. buildings and parks owned b! counties. regularly established athletic fields subsection: !2l Possession of alcohol bererages on school grounds prohibited. (a) In this 1. "Motor vehiclp' mrms a motor vehicle owned. renwd or consigned LO a schwl. program for one or mure grade; between grades 1 and 12 and which is commonlx known 2. "School" means a pxtJir parochial or private schooi which provide: an educational an elernentar\. school. middle school. junior high school. senior high school or high school. school as ultimately responsible for the ordinary operations of a school. 3. "School administrator" means the person designated b! the governing body of a 4. "School premi!;es" means premises ou-ned. rented or under the control of a school. (b) Except as provided hy par. !cl no person ma? possess or consume alcohol bererages: 1. On school premises: 54 AWlllDnlm m 1.~1 WIUIL~ by -n: a.mtla. 87 UI.IIY. * * * 1 1 CJS. Soclnl Security and Public Welfare by are rendered u) church-affiliated privau 45: &tent bat any of 3n aeniccs them 15. 126. =hook. 0p.Atty.Cen.. Aug. 5. 1975. 118257. Liability for refeml police (1) In this section * . *: (a1 tontrolled substance" his the meanin? specified in s. 16i.01(4). Ibl "Disuibuw" has the meaninp specified in s. 161.01191. (c! "Pupil services professional" means a school counselor. schcm! social worker. school ps?chclogist or school nurse. @I "School" means a public. parochial or private school whict. provides an educational pmp: for one or more grade!; between -des 1 ana I? and whch is commonly known, as ap. elementary scnool. middle school. junior high school. senior high school or high school. 121 -4 school administrator. principalpmil services profe+ona! or reacher employed by a schwl is not liable * . . for referring a pupil ' enroiled in the school w law enforcement authorities. or for removing a pupil from the school premises or from panicipation in a school-sponsored achity-. for suspicion of possession, disuibution or consurzption of an alcohol bevfnge or a controlled substance. Librsp Rrrtrrncrr 13925 PeCULATION OF -E of revocation by the oecretary of revenue of the license. (2 Fdlure to keep mor& Fmiluc to comply with L 1S9.11fl) rh.n a or permit (10) Mi~ell.ncour Any person rho violates. any provision of Y. 199.01 to 139.22 for r~lpedfrp~~hwtproTided.hnkfirredwtmoreth.n$500~rlcerth.nt50. aQprLoaedwtmorr~hul90&)aIlmb.thrnlO&)aol~.ad.11ylLmv~ permit issued tn that person ahdl k aubject to revoation. Tbe Iicense or an? licensee or rmittee eornvid of evading payment of the tu on into":; or MY artempt + to eva e payment of such tu. shall k deemed forfeited immediately upon comiction !11, Second offenmu. . &penon'. convicted of a. ' a offense under the provisions of ss. 139.O:L to 139.22 . prcrided in this seaion. forfeit * * shall. in addition tn the pdties . . dl rights conferred upon him or her by any license issued to hlm e by any city. village or town - * ., without notice" *. ". 1s ACL 39. 45 361 to w. t!fr. JU~ I. 1986. PMOM" for "5-1~ phn". 13s Lcgialalion: 19-5 AF. 120. 5 199r repelled subsec. (1) 135.26. Prosecutions b?- allorney general s~:c or assist a district artr)rney in prosecuting any case arising under this subchapter. Upon request by thc secreta? of revenue. the attorney general may represent this Source: 1955 An 302. 8 3. eff. Mar 7. 1986 WESTLAW Electronic Rcmcurh See WESTL4W Electronic Research Guide fob Library fiferrncer loving the Refact .\nomcy Genenl D?. CJ.S. Attorney Genenl 4 8 4!1 uq. SL'BCH.1PTER 11. CIGARETTE TAX3 13930. Cignrettc lax definitions Io ss. 139.30 to 139.44. u~iless the context otherwise requires: (1, "Cigarette" means an! roll of tobacco mpped in paper or any substance other than 12) "Department" means the department of revenue. mnufacturer thereof. affies smmps to the packages or other conminen. stores them EI "Distriburor" means any person who acquires unsmmped cigarettes from the a:.' sell: them (0 other p!rmittees or to remilers lor resale. He may also acquire s-zmped cigarettes from another permitter for such sales. 1ni:nn tribc or wh0.w statu!: zs an enrolled member of a crib i. recognized b!- the uitdl 5 "Enrolled memtwr" means a person whose name appears on Lhc uibai role of an coxncil of that tribe. tnbacco. (j, "Indian tribe" means a federally recognized Indian tribe in this state or % miutors. swres them and sclls them to retailers for resale. 6 "Jobber" means any person who acquires stamped cigarettes from manufacturers sa P t "Manufacturer" means any person who manufactures ciprettes for th~ purpose of (EI "Multiple remiler' means any person who acquires stamped cigarettes from manu. facturers or permittees. swres them and sells them w consumem through 10 or more remil outlets which he or me owns and operates within or u.ithou1 rhis rmte. 154 AmluoIy *I un .n "ld bv ": o*.um -1- * * ' .. &lON OF WE :enera1 may represent xhis :ing under this subchapter. e. nx Researrh GuidP fob 3: an? substance other than nped cigarettes from the er conminers. stores them IC.. He may also acquire 5 on the tribal role of an xs recognized b! the tribal . in this state. ale. rems from manufacturers carettes for the purpose of .wd eiearettes from manu- throuEh 10 or more (hi, state. REGULATION 01’ TRADE 13931 @ “Reservation” means a11 hd within the bovDdvia of the Bad River. Pomt County polowatomi. Lu C~rte Oreilles. LC du Flnmbeau. Mewmince. Mole Lke. Oneida. Red Cliff. SL Crok and StockbridgeMunsee reservations and the Winnebago Indian communi. tier. rho .~h. apma for uk or pwsmaea with intent to “Secretary“ means the secretary of revenue. device. scheme or IRnsaerjon whereby cigarettes may be obtained * tion of orders for, or the de for, future delivery of cigarettes. (13) “Sramp“ means the authorized indicia of cigarem tax papent including water transfer stamps. heat applied stamps and meter impressions. In provisions relating to the sale or mnsfer of stamps the term also includes meter settings. rettes upon the deposit therein of specified eo& in pa-ment for such cigarettes. “Vending machine” is an? mechanieal detice which automaticallF dispenses dga from mamfacture!s or permittees. stores them and sells them through the medium of E) “Vending machine operator” means a persog rho acquires stamped cigarettes vending machines which he or she owns. operate5 or senices and which are loeated on premises which an! owned or under the conuo! of other persons. business of storing cigaretw for profit but sh-l! not include the premises where common w) “Warehouse” means the premises u-here an>- prson is lau-full? eneaged in the carriers siore cigarexes which are received by them as common carriers and are in transit in interstate commerce. Source: Som of Duuions (12) “Sell” or “&rle” includes the pansfer, gif~ barter. trade or exchange or any shift - and the wlicita- Administntivc Codv Rcfermrrr IYTY. C1gare:’m *a. vt‘ section Tu: 9.01 et kq. 139.31. TPI imposed: exceptions with intent to sell tor removal for consumption or sale of cigarettes or other disposition for (1) An . ’ ’ excise “ tax is imposed on the sale. offering or exposing for ule. possession an! pur;ose wharjoever. The tax is imoosed at the time and place of the firs1 taxahlp event occxrrine in this slaw. The tar shall bt passed on to the ultlmatr consumer of the ClEaret‘as. All cij:aretres rereired In this state for sale or disvjhution wthin this state. except clgarene :Icrually sold bc provided in sxb. 131. shall be subject u) such tax. Any pos.cession whir5 ;re lost. smieL. dmvoFed or which hare mysteriously disqpear- penon licensed under ch. 100 and this chapter u, have untaxed ciprette: in his or her be Itable for and shall pdy ~h~ u>. thercm Tnc us sha!l br at the following rates: cigarette. (a1 On cigarer’xs weig!.lng nor more than 3 por;ndr per thousand. . ‘ . - 15 mills 03 ekch (b) On cigaretles weighing more than 3 poundr per thousacd. * * 30 mills on each cigarem. per thousand. on #each cigarette 8 mills minus the tax imposed on that cigarette under 26 (e) In addition to the race under par. (a). on cigarettes weighing not more than 3 pounds USC 5’701, but not less than zpm. (dl In addition to the rate under par. &I. on cigarems weighing more than 3 pounds per thousand. on each cigarette. 16.P mills minus rhe tax imposed on Lhat cigarette under 2C the rate under par. IC) rather than at the rate under th~ paragraph. countinF each 2.75 ESC 5701, except bat if rhe cigarette is more than 6.5 inches in lenph it shall be raxed al Addlllm. UI 1.n .n Mlo1.d by vlbnyn. wlh by ~1.rl.b. * ‘ 155 PUBLIC DOMAIN AND nm TRUST PUNDB 30.60 fpm the hrbor fmd .hII bc audited .I other mankipd disbuncmcata are aaditrd: bowever. the bard my dctnmuw ~nsidemth of cki .nd the =porting thereof notwithatanding the p~kio~ of this ' on wme other procedure it deeav .ppmpri.tr for the pngnph. If a Prreedum other th.n that set foh in thin pamgnph is p-i by the m. the approval of the chief auditing officer rhdl be obtained. * REGULATION OF BOATING 30.50. Definitiona < In 5s. 30.50 to 3(t.80: (le) ".ilcohol beverage" ha. the meaning specified under s. 125.02(1). (lm) ".Ipproved public 'ueatment facility" has the meaning specified under s. &I "Associated equipment" means any sysrem. part or component of a boat as origmall~ manufacured or an! similar system, parc or component manukcrured or sold for replacemem repair or improvement of the system. pan or component: any accesson. or equipment for, or appuhenance to. a boat and any marine safety article. accessory or equiprnenL intendelf for or used by a person on board a boat except do equipment. jl.432Hcl. being used as a mtians of truqmrtation on water' - ., except a seaplane on the water (2) "Boat" or "vessel" means every description of watercraft' used or capable of ad a fishing raft' ' - (3) "Cedicate of number" means the cenificate of number card. cerification sticker or decal and identilication number issued by the depament under the federally approved numbering system unless the context clearly indicates othernise. (3g) "Canbolled substance" has the meaning specified under s. 161.01(41. (3r) "Drug" has the meaning specified under s. 450.01(10). (4J "Employ" means LO make use of for any purpose other than maintenance. (4e) "Intoxicant" means any alcohol beverage. conf.rolled substance or other drug or any combination Uiereof. (4m) "lntoxicaled boating law" means s. 30.6?1(1J or a local ordinance in conformiv a-kh that section. i. 30.681(21 or, if the operation of a motorboat is involved. 5. 940.09 or 940.25 includes a person appointed as a conservation warden by the depanmenr under s.23.1W1). (4s) "Law enforrement officer" has the meaning specified under s. 16.85(2Hc) and assembly of boars or arsakted equipment the manufacture or construction of comp (5) "Manufacturer" means any person engaged in the manufacture. construction or nents for boats Pnd assaiated equipment to be sold for subsequent assembly and the jmprtation into this rate for sale of boats. arsociated equipment or components for boars. (6J "Motorboa:" means any boat equipped with propulsion machinen.. whether or not the machiner?. is the principal oource of propulsion. codltlwm k YH p. kd*.1w 4 ouuo#u D" Y1..Y. * - * 53 30.50 PUBLIC Do- AND THE TRUST FUNDS 0) ‘%onmotod boat” wuu a boat whieh ir not a wtorbo.t but rhich h designed md conshcrcd to be m?d u a boat for hrnspoztabon of a person or persons on water. This term includes. but is not limited to, my woe. mailboat. inflatable boat or aimk device, row boag mft and dinghy which in not a motortaL @ “Opente“ or ‘he“ when urd vitb ref- to a motorbat, boat or vessel wuu boaf except a sailboat opding under sui alone. (Sg) “Operation of s urntorboat” meam eontrolling the speed or dirrction or a motor mponsible for tbe openltion of a motorboat or rho is lupewiaing the opention of a (Sr) “Operator” meana a person rho i engaged in the opention of a motorboaf who i motorboat ti ti- e or equrtable ’. mterest therein which entitles him to such possession. 91 “Owner” means the person who has Inwful possession of n boat by virtue of legal ing evidence of the presence. quantity or concentmtion of alcohol or other intoxicant in a (9g) “Purpose of authorized analysis” means for the purpose of determining or obtain- person’s blood. breath or urine. (9x) “Refusal law” means s. 30.6846) or a local ordinance in conformity with that section. (10) “Regismtion“ means the registration card and reesmion sticker or decal issued by the department for federally documented vessels. (11) “Sailboard” means a sailboat with a hull resembling a surfboard which has little or position. no cockpit or seating are;, and which is designed to be saiied b>- a person in a standing while still maintaining suerage control. (12, “Slow-newake” means that speed at which a boat moves as slowly a possible most during the year. E) “Srate of principal use” means the state where the boat is used or is to be used s. 343.305 ’ ’ - El. (13rn) ‘Test facility” means a test facilitx or agene! prepared to administer tesu under inc t. udmg the Wisconsin prtian of boundary waters. 141 “Waters of *is smw” means any raters within the territorial limirs of this Sfdte. Source: the 6uw for floaung. fshing. srirnrning or m? L1979. e. ‘EL )$ 1. 2 df. Ma: 13. 1980. of rhe recognized incidenu of na\ig;ltion nrhout 1983 Act zi. $# E4 to KEm. eff. Apnl I, 1984. charge or fee and rhe public righll in na%ipble 1983 Act 100. 4 4. eff. Dec 4. 1983. ru-earnr permit reasonable use while and only so 1985 Act zi9. $6 1. 2. eff. Ma! 1. 1986. long ~1 a publi rirht L being enjoyed 0p.Atty. 1985 Act 331. $4 1 to 4. vff. June 12. 1986. Cen, k. 30, ,974. 19R: Act 3. 2. ell. Jan. 1. 1986. 19.S Act 374. 5 Bo. eff. .Ha! 3. 19Bp Product safe::. see 4 1W 12 Tesu for inrorxation. see 343.30;. to nBvig8te or othvrise anploy. Crosn Rrrerrnces 2. In smml me jwenik couz hac junsdclon over viola. uon~ b: oflcr;dem. fifwy. or ?.ounger. of boll. ing and mcu-nobiir laus Op..i:r?.Ger. .4pril 16. 1951. L.r &vir* Camrnenlsrirr Ca-lng upacit? conuok for recreation wa- Ler UKS. Ion A. Kusler. 1973 U.is.LFkv. 1. Nous or Miions 1. Validity of related la- regulation of hMg may b+ ud on riven of Any boat *thin the defmiljon governing the 30.501. Capacity plates on boatr 54 t t t * A” h 1.ll .n WUId by m: o*.tcoru Ntmu* 139.75 REGULATION OF TRADE SUBC)UPTER 111. TOBACCO PRODUCPS TAX IZS.7L Definitioru In tJlis 1ubChapter (1) ‘‘BIIS~ rn- my *e. mcuption. .etirity or mrcrprise enpged in for the (2) “Consumer” means my person who has title to or possession of tobarn products in (3) “Depmnent” -8 the depm+auenr of menue. (4) “Dismbutor” means: (a) Any person enpged in the business of selling tobacco products in this state who brings, or causes to be brought, into this state from outside the state an? tobacco products for sale; purpose of dhg or dirt?iutmg tob productu in thii state. storage for ule or other consumption in this state. rho ships or Panspons tobacco products to retailers in this state to be sold by those (c) Any person enpgec‘. in the business of selling tobacco products outside thii state retailen. (5) “Manufacturer” means any person who manufactures and sells tobacco products. (6) “Place of business” means an?. place vhere tobacco products are sold. manufac- wed. stared or kept for the purpose of sale or consumption. including any vessel. vehicle, airplane. train or vending machine. 6’) “Retail outlet” means each place of business from which tobacco products sold to consumers. ultimate consumers. (8) “Retailer” means an:; person engaged in the business of selling tobacco products to &I by a penon engaged in the business of selling tobacco products for adverrising or as (9) “Sale” means an? transfer. exchange or baar for a consideration. It includes a a means of evading this subchapter or for an?. other purpose, and it includes solicitation of orders for. and the sale for. future deliven.. tion in ttus state. (10) “Storage” means Y..Y keeping or retention of tobacco products for use or coosump buFs tobacco products fram a dirributor and sells them to pemons other than the (11) “Subjobber” means any person. other than a manufacturer or dismiutor. who ultimate consumem. (12) ‘Tobacco products’’ means ciears; cheroots: stogies: periques: granulated. plug cuf crimp cut, readyrubbed and other smoking tobacco; snuff; snuff flour; cdvendish: plug and mist tobacco: rme cut and other cheuing tobaccos; shorts: refuse scraps. clippings. cuttings and sweepings of tobacco and other kinds and forms of tobacco or both for chewing and smoking: but “tobacco products” does not include cigarenes. as prepared in such manner ac to be suitable for chewing or smoking in a pipe or otherwise. defmed under s. 139.30(1). tobacco products. (13) “Use” means the exercise of an! right or power incidental to the oumenhip of sourer. L1981. L 20. 1my. en. on 1. 1981. Library kferrncn Taxation 01292 CJS. Licenses 6 30 et 4, 1985 An 34 # 35, eff. Yay 7. 1986. 139.76. Impoaition: cxceplions (1) An occupational tax is imposed upon the sale. offering or exposing for sale, possession with intent to sell or removal for consumption or sale or other disposition for 164 h -11 ne n0Ut.d DI m: ON.uOnr by Y1.rW. * * * ??a18 -- rcurity for iu future pmnt. Ux judge and he judge's IU~COCI shall ah k link for the payment of Ihc judgment upon the judge's bond. 77l.W llcorrl d pop.r* lOr*M b I". If propcny i forfeited to Ibs stau 01 to MY floar for iu YT. UI don for the raom of tk popcfiy may bc brought in circuit wun. n~.~ 1977 E b. I~C u L Y. Hbw I977 L Up. 1979~. I1 L Y~ ?71.1@5 CWa ln8. Fco in forfeiture actions under this chapter are prcprikd in s. 814.63. H": IRI c 317. m8.20 Who IWe lor cosb. In all actions brought under I. 778.10 the 10-x. city. *illage or corporation in whose name such action is brought shall bc Iiablc for the costs of prosuzu- tion; and. if judmcnt bc for defendant. for :all thc costs of Ihc other actrow brought under the provisions of ais chapter. action. and Judgment shall be entered aanrdingly. In all except as prmldcd in I. 778.04. the WUIII~ in which thc forfcilurc war mamcd shall k liable for the costs of the ororaEution. an:. rf judgment bc for dcrcndant. for all the 85-86 Wir. Stats. 3696 aubmision IO a forfeiture ud a pnuhy lunancnt plus appuw rill k consided crndn of a pka of no contest and ws~.i~ludingrhcfcapracribedinr.~14.63(l)~nd(2),not to cad the amount of the dcpout. Tbc noti~ shall also mtc Ib.1 Ibc wun my daidc to summon Ihc defendant or. if Ibe defendant u M dull. nruC M .1101 warrant for cbc Ibc stipulation. Ibe stipulation is mted LI I plea of w (h) Noli0 Lh.1 iffk defendant makes a drporit nnd sip contest and rubmrrvon 10 a forfeiture and a penalty LSYU- men1 plvrcosu. inclu&ng the fen prmibcd in I. 814.63 (I) and (2). not to ud he mount of cbc dcporit. Th DO~~R dcfcndant or. if the defendant is an adult. issw an SITCSI shell dro IULU that the CDU~ may doidc to summon tk warrant for the dcfcndant rather than acapt the deposit and or at thc me of the wun appearance datc. move the coun nipulatlon. and that the defendant ma?. at any lime prior to for relicf from Ihe clTat or Ihc stipulauon. (i) Notia that thc defendant may by mall prior to the coun appearana cntcra plea ofnot guilty and rcqucst another date for a wun apprana. fails to appear in wun at thc time fixcd til thc ncation. the (I) NOUR that if the dcfcndant docs no: makc a deposit and coun may rssue a summon) or an arrni uarrant. dcrerrdrat nk thul lacpt tbe deposit and pka. (k) An) othcr pcnmcnl information (3) IT a pcrson 15 issucd a atallon undcr this secuon thc dirau b? mailing or delivering the dcpovt and a copy ofthc pcrson ma? dcposil thc amount or monc) Ihc issuing ofliar aution to thc clck ofcoun of the count? whcrc thc violation murrcd or the rncnlTs orra or polrcc hudquancrs of the olliar who issucd thc alation prior to the coun appcarana datc. The hasic amount of Ihc deposit shall be determined cna. Thcjudloal zonfcrcncc shall annuall) rcvicw and rcvisc under a dcposll rhedulc atabhhsd b? Ihc judiclal confer- the schedule. In additron to the basic amounl dctcnnined b? thc schedule thc dcposlt shall lncludc cosu. including thc frn prcscnbcd In I. 811.63 (I) and (2) and penalty assessment. subnutting a dcposrt and a stlpulatron In Ihe manner prondcd (4) A prson may make a stipulauon of no contcst,b? by sub. (3) prior to thc coun apparanu date. The signed strpulation is a plca of no wnlcst and submission 10 a forfc!turc plus wsts and a pcnalt) aswment not cxcadinp the amounl of the dcposit. dcposll shs!l prc?arc a rccrrpl in Inplbzatc showing the (5) Excc?~ as provided b? sub. (61 a prson receiving a purpose for vhlch thc dcprnl is mad:. staung thal the dcfcndanl ma) lnqulrc a1 th: OITICC oi thc clerl 01 court dcfcndanl thal rfhr or she fxls I@ app- rn coun at the Iim rcpardmp the dlrpormon of thc dcp-5;: and notlfyng thc fixed In thc cilarmn he or shc vrll bc dcemcd to have tendered a plea of no wnwst and submgttcd to a forfciturc and a pcnaltyassessmcnl plus costs. including tbc fees prescribed in I. 814.63 (I) and (2). not lo cxcccd the amount of the deposit which thc wun may accept. Thc orierul of the reccipt shall dcfcndant pays b) chak. thc check is the rccript. be delivered to the defcndant in pcmn or by mail. If the (6) The pcrson rcccivinp a dcwsil an,! rtlpulation of no contcsl shall prepare a rcccrrr in tnp1,carc showing Ihc purpox for vhrch thc dcparil is rna'e. statlng thal thc dcfcndanr ma? inquire at Ihc OKEC or the clcrh of coun repardmg rhc disposition of the dcport! and norif?inp the dcfcndant thar if the stipulauon of no mnlcst IS acccpled b) the COU~ thc defendant wII k considem2 to have submmed to a forfcllurc and a pcnalr, asscssmcz! plus costs. mrludmp the far presnbcd Ins 814 63 (I) and 121. not IO exceed thc amounl of thc dcprll Dchrcn of thc mwpl shall be madc m thc sainc manncr as In rub (5~. n1.25 CItatlon procdura; artaln 81Cahol beverage.. dures cstablrshd b? this sectron ma) be uxd onl) In an harassmen1 8nd salety rlolatloru. (1) la1 Thc cilallon procc- action to reco\cr a forfciturc: or undcr a Ical ordrnanv strictl~ conforminp IO onc of thox I. Undcrr. 115.07(4)la)or(b~ 12~.08(?)(b,or1~5.09(?) statutcs brought against an adult in circurt coun or againsl a mrnor In the coun ass~gncd to cxcrnx jumdmron undcr ch. 48. 2. Under s 947013 or a laal ordtnmv strictly wn- fomung to s. 941.013 brought against an aduh in circult 3. Undcr I. 167.32 or undcr a laal .Jrdlnanv strictly wnfomung IO s 167.32 brought agarnst im adult in circuit COUR (b) The mation form proridcd by this x:tron may YNC as the inltial plcadtng for !he actton and is aclcqualc prms to pvc a courr ~ux*.ttc~#on ovtr the pcrson if rhc nlat!on 8s filed wlh thc couc (2) .A citat:.-r undcr this scc:zon shdl be sped b? an oficrr uho ha; aurhcnt! to rnaie arrcsl!, for thc ctolal8on and shall conwn substanllall? the fnlloulnp mformauon~ and the namr and addrcaa of thc dcicndanl'r parcntr or la) Thc narc. address and date of hmll of the dcfcndanl guardian. if a mmor. COUR. (b) The name and dcpanmcnl of Ihc isiuinp olliccr. (c) The violatton alleged. the time and place ofaxurrenec. a statemen1 that thc dcfcndanl wmmittcd. the violation. the statutc or ordinance violatd ad a designnuon or the nola- tion in Ianguapc which can bc readily IJ~C~CK~OO~. notice to appw (d) A datc. tlmc and placc for the coun appcxana. and a u hlch the dcicndanl mighl tx found hablc and othcr pcnalhcs (c) Thc matmum forfcllurc and pcnafl? asxssmcnl for which ma? bc lmposcd mcludmg suspcnilon or rewcallon (6) 15 not an ortlon for violallon of a SI.IIUIC or ordinana undcr I. 343." 16). Suspcnslon or rc%ocallon undcr I. 343.30 spcclfied undcr sub (I) (al 2 or 3. appcdrancc (0 ProhIstons for dcposll and sllpulatlcn In licu ofa court ap;.car In couc a! thc llrnc fisc6 In the nt:~tton. thc ratlurc IO (gl SOIXC thal rfthcdcfcndant mato adcporlt and fails IO -> ,3697 85-86 Wis. SUU. a ,(I, If 4 auoon is ivud lo a minor rbe irruin8 agency rhdl. child', p.m1 or prdian. nthn 7 days. nuil or dcliw a sopy of UIC tiuuon to UIc (I) If a defendant issued a aution under this don hils to appar in coun at he timc fixed in the aution or by dnqmt postponement. rbe following prdm applia: (a) If rbe &fendant bas not made a dcpovs rbc cum my ' due a summons or .a wrest -L accpt sthe ddCndMl S a minor the coun 1.11 prd under I. 48.28. Chapter 4.9 pvm uking and holding I minor in custody. rrvc u UIc initial pleading md Ihc defendant shall be (b) If rhe defendant bas mdc I dcposis cbr aution nuy cd to a forfcirurr and 4 penalty .lurynent plus COSIS. including the fa prrvribcd in I. 814.63 (I) and (2). :not cxaeding the amount of rhc deposit. Tbc coun may either or rejar the plca and iuuc a summons or am1 warrant, accept thc plea of no contest and rnterjudgmcnt aaordinlfiy. cxapt if the dcfcndant is a mtnor the wun shall prooxd undcr I. 48.28. Chapter 48 govcms uting and boldin:g a minor in custody. If the wun ampts thc plea of no contest. rhc dcfcndant may move within 90 days aftcr thc date YI for apprana to withdraw thc plca of no contest. open thc judpcnt and cntcr a plea ofnot yilt? if thc dcfcndant shows to thc satisfaction of thc coun that failurc to appcar was rluc to mlstakc. inadvcncnce. rurprix or crcusablc ncplmt. If a pan) is rclicvcd from the plca of no contest. thc wun or judgc ma? ordcr a wnttcn complalnl or pctillon IO be filed. If dcletc :hc record ofconncllon and shall ordcr thc dcfcndarrt'r on rcopcning thc dcfcndant is found not guilty. thc coun shall deposit relurncd. (E) If thc dcfcndanl has made a dcposit and stipulatior,. of no contest. the cimtion serves IS thc initial pleading and thc contest and submitted IO a forfciturc and a pcnalty aIyss- dcfcndan~ shall k considcd to have tcndcrcd a plea of no and (2). nor cxacdlng thc amount of thc dcposil. The coun mcnt plus costs. including the rets prcvribed Ins. 814.63 (I) may cithcr acapt thc plea of no wnlnt and cntcr judgment aaordingly. or rc)ecr rhc plca and ISSUC a summons or an-cst proaed undcr I. 48.28. Cbaplcr 48 governs taking and warrant. crccpt if the dcfendant is a nunor lhc coun dull holding a minor in custody. Alter Signing a stipulation of no contest. thc dcfcndant may. a1 an) timc pnor to or a1 thc umc the effect of thc rtipulatlon. Thc wun ma) acl on thc mollon. of the coun apparanv datc. move the coun for rclicf from just tcrms. and rclicvc Ihc dcfcndanl from the rtlpulat!on and wth or wtthout notxt. for cause shorn b) aKtdaw; and upon thc cffccrr of thc stipulauon. (e) If a citatlon or summons IS tssucd to a dcfcndant under thlr section and he or shc IS unablc 10 appcar in court on 1hc da? splficd. thc dcfcndant ma) cnlcr a plca of not guilt) by mailing a letter staung tbat mabillt) 10 tbc judgc at rhe address indica14 on the citation. Tbc lctlcr must shou lbc dcfcndanl's return addrus. Tbc lcllcr may includc a rcq~~cst lor vial during normal day~imc business hourr. Upon m!ipt of Ihe letter. thc judgc shall rcply by kttcr to the defendant's address =!tine fonh a tlmc and place for trial. and rbc umc shall be during normal buslncw hours il x) rcqucstcd. 'hc daw of thc mal shall k at least 10 days from thc mailing b) thc mal at an) umc convcnienl 10 a11 panm conarncd. the judgc. Notlung in this submuon forblds the urung: of (lo) An oKzar collecting monc?r for a forfclturc. pcnalt) asyssmcnt and COSIS under thls mtlon shall pay thc Idma: to the appropriate muntopal or county trcasurcr wlthin 20 days after its rcccipt b* thc oflivr If thc oKur falls 10 m.lk timely pa~cnt. thc mumapal or count? treasurcr ma! wIIcct thr pa)mcnt from thr offhxr b? an ac:ion in thc I considered to have mdcrcd a pka of no confcst and submit- 0 e . tplic . w. 11. 1981 E, 311: 1983. ma churn ~UN: .lo~.tlrn o( ~.nd mp.u b.n. 01 Tbe aution procsdvra subtisbed by lhir sation my tx uad only in an hon to 1050~~ a forfeiture unda s. 943.13. The citation form provided by &is szction my YM u the initial pleading for rhc mion and is adqlute prosru to #vc I wun jundicrion over UIC pcmn if Ihc amtion is fkd witb UK circuit court. ofliar who bas authority to makc amu for Ihc violation m A atation da this saxion sbnI1 bc si& by .II and shall contain substantially tbc following information: la) The name. addrns and datc of binb of thc defendant. (bl Tbc name and dcpanmmt of thc issuing ollar. a sutcmenl hat rhc dcfcndant committed thc violation, the (CJ Thc violation alleged. the time 2nd plaa of DcNmna. Slalutc violaled and a designation of the violation in language which an be readil? undcrstooll by a pcrson making a rcasonablc cffon to do x). Id) A date. timc and place for thc coun appcarana. and a notice IO appear. ICI The maximum forfceiturc 3nd pcnalty asxssmcnt for uhck thc dcfcndant IS hablc. if) Ro\isionr for deposit an6 supularlon in licu of a coun appcarana. (PI Notice that if the dcfcndanl makcs a dcposit and fails to appcar in coun at thc timc spolficd In the citation. thc failurc to appr will k wnsidcrcd tcndcr ofa plea of no contest and submission to a forfciturc and pcnalty asxssmcnt plus wsu sutc :hat tbc wun. instead ofacepting thc deposit and plea. not to cxaed the amoun~ of the dcposit. The notie shall also ma) dmdc to summon the dcfcndant or may ISIUC an annt warrant for thc dcfcndant upon fallurc to respond to a summons. fib Notice that if lhc defendant makcs a dcposit and signs tbc stipulauon. rhc stipulation u111 k trcatd as a plca of no contest and subrmssion to a forfcclturc and pcnalty asnsment plus wsu not to crrred thc amount of thc deposit. The notia shall also state that the coun. instead of acaptlng Ihc dcposit and stlpulatlon. may daidc to summon the dcfcndanl or usuc an arrcst warrant for the dcfcndant upon failurc to mpond to a summons. and that the defendant ma). at any timc pnor to or at the timc of thc court appcarancc daw. mo\c the court for rclicr from thc cffccl of thc stipulation. cnc: appearance. cntcr a plca of not guilt? and rcqucst 11, Not~cr that thc dcfcndanl ma?. h! mall pnor to thc ancthcr Catc for a court appcarancc. 01 SOIIU that dthc dcfcndanl does not makc a deposit and fails to appcar m wun at rhc umc spxlfied in thc cuauon. thc mun may issuc a summons or an arrest warrant. p) A defendant issued a ciution under rhir =tion may deposit the amount of money thc issuing ollar dirau by mlmg or delivering thc deposit and a cop) of chc citation pnor to thc coun appcaranv daw to thc clcrk of rhc circuit coun In thc count) vhcrc thc violation occumd or to the issucd thc otation Thc barlc amount ofthc dcporlt shall k shcnrs o~%ce or pol~cc hcadquancn of lhc ofhr who pdmal conlcrcnce. The judmal conlcrcnce shall annually dc:c.mncd undcr a deposit whcdulc crtabhrhcd b? thc mxu and ~CVIY thc xhcdulc. In addttlon to thc basic amount dctcrrnincd b) thc xhcdulc thc dcposlt shall Includc tbc penally asscssmcnt and costs sut.-.:llmpadcpowl and a stlpulauon :n thc manner provided (4) A dcfcndanl ma? makc a wpulallon of no contest h) S'IA'TE OF WISCONSIN ) Milwaukee Counly ) ) ss. ClTY OF MLJSKEGO Off icWtice COMMON COUNCIL ORDINANCE # 640 ~ AND RECREATE SECTIONS 9.001(1) AN ORDINANCE TO REPEAL & 9.35 OF THE MUNICIPAL CODE OF THE ClTY OF MUSKEGO (Cigarette & Tobacco Products) OF MUSKEGO, WAUKESHA COUNTY, THE COMMON COUNCIL OF THE ClTY STATE OF WISCONSIN DO ORDAIN AS FOLLOWS SECTION 1: Sections 9.001(1) and 9.35 of the Municioal Code of the City of Muskego are hereby repealed. SECTION 2: Sections 9.001(1) and 9.35 of the Municipal Code of the City of Muskego are hereby created to read as follows: TAlN OFFENSES ADOPTED 9.001 STATE LAWS PROHIBITING CER- vided in this Code, the current and future (I) Except a8 otherwise specifically pro- statutory provisions of Sections 48.983, through 947, Wisconsin Statutes, describing 134.66 and 161.41(3) and Chapters 939 and defining regulation against the peace and good order of the State, and cross reference contained therein to other sections and subsections of the Wisconsin Statutes. exclusive of any provisions therein relating to penalties to be imposed and exclusive of any regulations for which the statutory penalty is a term of imprisonment. are adopted and by reference made a part of this Code as if fully set forth herein. Any act required to be performed or prohibited by any current or future statute incorporated herein by reference is required or prohibited revisions or modifications of the current Or by this Code. Any future amendments, future statutes incorporated herein are intended to be made part of this Code in order to secure uniform statewide regulation of peace and good order of the State. of the Muskego Police Department and the 9.35 ENFORCEMENT It shall be the duty City of Muskego City Attorney to enforce the provisions of this chapter. Such enforcement shall be initiated, where appropriate, by a City Ordiqance Citation being written. whose contents shall conform to the require- or Section 778.25. Wis. Stats., including any ments found in Section 800.02(2). Wis. Stats. future amendments, revisions or modifica- tions to the requirements found in those statutes. In the event that it is not appropriate to issue a citation under the cursent or future statutnry provisions of Sections 800.02(2) or 778.25, Wis. Stats., then the violation shall be referred to the City Attorney's ollice where a City ordinance comp1air.t shall be drsffed and served upon ~ ~ ~ the violator. SECTi;IN 3: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a Murt of COmPe- tent jurisdiction to be invalid,@awful, or unenforceable, such decision shall apply to the specific section OF portion thereof directly specifred in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Ar.y other ordinance whose terms are in conflict with the provisions of this ordinance are hereby repealed 89 to those terms that conflict. full force and effect from and after its SECTION 4: This ordinance shall be in passage and publication. Passed and approved this 25th day of April, 1989. ClTY OF MUSKEGO /d WAYNE G. SALENTINE, MAYOR A'ITEST Is/ Jean K. Marenda. JUD I TH Z IOLKOWSK I !Ieillg duly SWOIII. doll1 dcpose and say ll~nl IIC is a~! ::rl!lo:ized rcpleserllalive 01 The M!S!E!% SUN. a newspaper published al . .MUSKCGO Wiscorlsill and lllal an adverlisenlelll 01 which llle amlexed is a true copy. lake11 IIOIII said paper. was plhlislled Illereill 011 City Clerk PURLlSHED THIS 4th DAY of May, 1989.