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(A) It shall be unlawful for a person less than 17 years of age to be present at or upon any public assembly, building, place, street, highway, or other public place or way at the following times:
(1) For persons less than 13 years of age, between 9:00 p.m. and 6:00 a.m. the following day on any day of the week; and
(2) For persons at least 13 years of age, but not yet 17 years of age:
(a) Between 11:00 p.m. on Sunday to Thursday, inclusive, and 6:00 a.m. on the following day; and
(b) Between 12:01 a.m. and 6:00 a.m. Saturday and Sunday.
(B) (1) It is a defense to a violation under this section that the child engaged in the prohibited conduct while:
(a) Accompanied by the child’s parent, legal guardian, custodian, sibling, stepbrother, or stepsister at least 18 years of age;
(b) Accompanied by an adult at least 21 years of age approved by the child’s parent, guardian, or custodian.
(c) Participating in, going to, or returning from:
1. Employment which the laws of this state authorize a person less than 17 years of age to perform;
2. A school recreational activity;
3. A religious event;
4. An emergency involving the protection of a person or property from an imminent threat of serious bodily injury or substantial damage;
5. An activity involving the exercise of the child’s rights protected under the First Amendment to the United States Constitution or Article 1, §§ 3 and 4 of the Constitution of the State of Wisconsin, or both; and
6. An activity conducted by a non-profit or governmental entity that provides recreation, education, training, or other care under the supervision of one or more adult.
(2) A citation for violation of division (A) above may be issued by a police officer only if he or she reasonably believes that a violation has occurred and none of the defenses enumerated in this division (B) apply.
(C) It is unlawful for a parent, legal guardian, custodian, or other person to knowingly permit a person in his or her custody or control to violate provisions of division (A) above. It shall be a rebuttable presumption that a person has violated this section if someone under 17 years of age of whom such person has custody or control is present upon any public assembly, building, business, street or highway, or other public place or public way in violation of division (A) above, and none of the defenses enumerated in division (B) above apply.
Penalty, see § 130.999
DRUGS AND ALCOHOL
(A) Prohibited. Subject to division (B) below and subject to the exception provided in Wis. Stats. § 961.41(3g)(e), no person shall possess marijuana, as defined in Wis. Stats. § 961.01(14).
(B) Exceptions. This section shall not apply to a person who possesses more than 25 grams of marijuana or to a person who is charged with possession of any amount of marijuana following a conviction for possession of marijuana in this state.
(Prior Code, § 9.04) (Ord. 10-97, passed 6-26-1997) Penalty, see § 130.999
(A) The definitions set forth in Wis. Stats. § 961.571 are hereby adopted by reference and made a part hereof.
(B) The factors set forth in Wis. Stats. § 961.572 are hereby adopted by reference and made a part hereof as factors a court or other authority shall consider in making the determination referred to in Wis. Stats. § 961.572.
(C) No person may use, or possess with the primary intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this section.
(D) No person may deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing that it will be primarily used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, inhale, or otherwise introduce into the human body a controlled substance in violation of this section.
(E) No person may place in any newspaper, magazine, handbill, or other publication any advertisement, knowing that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed for use or primarily intended for use as drug paraphernalia in violation of this section.
(Prior Code, § 9.041) (Ord. 11-97, passed 6-26-1997) Penalty, see § 130.999
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIGARETTE. The meaning given in Wis. Stats. § 139.30(1).
LAW ENFORCEMENT OFFICER. The meaning given in Wis. Stats. § 30.50(4s).
TOBACCO PRODUCTS. The meaning given in Wis. Stats. § 139.75(12).
(B) Prohibited. Except as provided in division (C) below, no person under 18 years of age may do any of the following:
(1) Buy or attempt to buy any cigarette or tobacco product;
(2) Falsely represent his or her age for the purpose of receiving any cigarette or tobacco products; or
(3) Possess any cigarette or tobacco product.
(C) Exceptions. A person under 18 years of age may purchase cigarettes or tobacco products for the sole purpose of resale in the course of employment during his or her working hours if employed by a retailer licensed under Wis. Stats. § 134.65(1).
(D) Enforcement. A law enforcement officer shall seize any cigarette or tobacco product involved in any violation of division (B) above committed in his or her presence.
(E) Authority. This section is adopted pursuant to Wis. Stats. § 983.991.
(Prior Code, § 9.042) (Ord. 2-99, passed 5-13-1999) Penalty, see § 130.999
(A) Definitions. The definitions set forth in Wis. Stats. § 134.66(1) are hereby adopted by reference and made a part hereof.
(B) Restrictions.
(1) No retailer may sell or give cigarettes or tobacco products to any person under the age of 18, except as provided in Wis. Stats. § 983.991. A vending machine operator is not liable under this section for the purchase of cigarettes or tobacco products from his or her vending machine by a person under the age of 18 if the vending machine operator was unaware of the purchase.
(2) A retailer shall post a sign in areas within his or her premises where cigarettes or tobacco products are sold to consumers stating that the sale of any cigarette or tobacco product to a person under the age of 18 is unlawful under Wis. Stats. § 983.991.
(3) A vending machine operator shall attach a notice in a conspicuous place on the front of his or her vending machines stating that the purchase of any cigarette or tobacco product by a person under the age of 18 is unlawful under Wis. Stats. § 983.991, and that the purchaser is subject to a forfeiture not to exceed $25.
(a) Except as provided in division (B)(4) below, no retailer may keep a vending machine in any public place that is open to persons under the age of 18 unless all of the following apply.
1. The vending machine is in a place where it is ordinarily in the immediate vicinity, plain view, and control of an employee.
2. The vending machine is in a place where it is inaccessible to the public when the premises are closed.
(b) The person who ultimately controls, governs, or directs the activities within the premises where the vending machine is located shall ensure that an employee of the retailer remains in the immediate vicinity, plain view, and control of the vending machine whenever the premises are open.
(4) (a) No person may place a vending machine within 500 feet of a school.
(b) Except as provided in division (B)(4)(c) below, a vending machine operator shall remove all of his or her vending machines which are located within 500 feet of a school by December 31, 1999.
(c) Notwithstanding division (B)(4)(b) above, if a written agreement binding upon a vending machine operator governs the location of his or her vending machine, which is located within 500 feet of a school, the vending machine owner shall remove the vending machine on the date that the written agreement expires or would be extended or renewed.
(5) (a) No manufacturer, distributor, jobber, subjobber, or retailer, or their employees or agents, may provide cigarettes or tobacco products for nominal or no consideration to any person under the age of 18.
(b) No retailer may sell cigarettes in a form other than as a package or container on which a stamp is affixed under Wis. Stats. § 139.32(1).
(C) Defense of retailer. Proof of all of the following facts by a retailer who sells cigarettes or tobacco products to a person under the age of 18 is a defense to any prosecution for a violation of division (B) above:
(1) The purchaser falsely represented that he or she had attained the age of 18 and presented identification;
(2) The appearance of the purchaser was such that an ordinary and prudent person would believe that the purchaser had attained the age of 18; and
(3) The sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser, and in the belief that the purchaser had attained the age of 18.
(D) Authority. This section is adopted pursuant to Wis. Stats. § 134.66.
(Prior Code, § 9.043) (Ord. 2-99, passed 5-13-1999) Penalty, see § 130.999
(A) Pursuant to Wis. Stats. § 120.12(20), no person shall use any tobacco product on any school property within the village.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PROPERTY OF A SCHOOL DISTRICT. All buildings and grounds and school buses within the village owned, leased, or rented by a school district, including any vehicle located on school district grounds.
USE ANY TOBACCO PRODUCT. Smoke or possess a lighted cigar, cigarette, or pipe, or place any tobacco product in one’s mouth.
(Prior Code, § 9.044) (Ord. 2-99, passed 5-13-1999) Penalty, see § 130.999
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