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§ 130.025  POSSESSION OF MARIJUANA.
   (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
§ 130.026  DRUG PARAPHERNALIA.
   (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
§ 130.027  USE OF TOBACCO PRODUCTS.
   (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
§ 130.028  RESTRICTIONS ON TOBACCO PRODUCTS.
   (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
§ 130.029  USE OF TOBACCO PRODUCTS ON SCHOOL PREMISES.
   (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
§ 130.030  CONSUMPTION OF ALCOHOL ON PUBLIC PROPERTY AND PARKING LOTS.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      LICENSED PREMISES. The area within a building or structure which is licensed pursuant to Title XI of this code, but not including parking lots, sidewalks, roadways, or land which is adjacent to the building or structure and within the property boundary lines, unless authorized by the Village Board.
      PUBLIC PARKING LOT. Any area held out to the public for the parking of motor vehicles, whether such area is publicly or privately owned.
      PUBLIC PROPERTY. Any property, including buildings or structures thereon, which is owned, leased, or operated by the village or public, private, or parochial schools; public sidewalks, roadways and streets, playgrounds, parks, and alleys.
   (B)   Conduct prohibited. No person shall consume any fermented malt beverage or intoxicating liquor in or upon any public property or public parking lot.
   (C)   Conduct prohibited outside licensed premises. No person who has purchased fermented malt beverages or intoxicating liquor from any licensed premises shall consume said beverages or liquor outside of, but within the property boundary lines of, such premises.
(Prior Code, § 9.08)  (Ord. 08-2014, passed 7-10-2014)  Penalty, see § 130.999
HEALTH AND SAFETY REGULATIONS
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