Chapter 306

PEACE AND GOOD ORDER

[HISTORY: Adopted by the Common Council of the City of Bayfield as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Fireworks -- See Ch. 229.

Offenses involving alcoholic beverages -- See Ch. 255, Art. II.

Juveniles -- See Ch. 260.

Noise -- See Ch. 284.

Nuisances -- See Ch. 289.

Junked vehicles and appliances -- See Ch. 314, Art. I.

Solid waste -- See Ch. 342.

Streets, sidewalks and public areas -- See Ch. 349.

ARTICLE I

Statutory Offenses

[Adopted 4-1-1992 (§§ 11-1-1 and 11-1-2 of the 1992 Code of Ordinances)]

§ 306-1. Offenses against state laws subject to forfeiture.

The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the City provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield. Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made part of this Code.

§ 306-2. Violations and penalties; attempt; parties to act.

A. Penalty. In addition to the general penalty of Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield, or any other penalty imposed for violation of any section of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for the cost of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 306-15 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with the Wisconsin Statutes. Nothing in the Code of the City of Bayfield shall prevent the Police Department from referring violations of the provisions of this chapter or Chapter 255, Intoxicating Liquor and Fermented Malt Beverages, Article II, Offenses Involving Alcoholic Beverages, or Chapter 260, Juveniles, or Chapter 289, Nuisances, to the District Attorney's office in the interest of justice.

B. Attempt.

(1) Whoever attempts to commit an act prohibited by this chapter or Chapter 255, Intoxicating Liquor and Fermented Malt Beverages, Article II, Offenses Involving Alcoholic Beverages, or Chapter 260, Juveniles, or Chapter 289, Nuisances, of the Code of the City of Bayfield may be required to forfeit amounts not to exceed 1/2 the maximum penalty for the completed act.

(2) An attempt to commit an act prohibited by the ordinances in this chapter and Chapter 255, Intoxicating Liquor and Fermented Malt Beverages, Article II, Offenses Involving Alcoholic Beverages, and Chapter 260, Juveniles, and Chapter 289, Nuisances, requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute a violation of these ordinances and that he does acts towards the commission of the violation which demonstrate unequivocally, under all the circumstances, that he formed that intent and would commit the violation except for the intervention of another person or some other extraneous factor.

C. Parties to acts prohibited in this chapter and Chapter 255, Intoxicating Liquor and Fermented Malt Beverages, Article II, Offenses Involving Alcoholic Beverages, and Chapter 260, Juveniles, and Chapter 289, Nuisances.

(1) Whoever is concerned in the commission of an act prohibited by this chapter and Chapter 255, Intoxicating Liquor and Fermented Malt Beverages, Article II, Offenses Involving Alcoholic Beverages, and Chapter 260, Juveniles, and Chapter 289, Nuisances, of this Code is a principle and may be charged with and convicted of the commission of said act although he did not directly commit it and although the person who directly committed it has not been convicted or has been convicted of some other act prohibited by these ordinances.

(2) A person is concerned in the commission of an act prohibited by these ordinances if he:

(a) Directly commits the act; or

(b) Intentionally aids and abets the commission of it; or

(c) Is a party to a conspiracy with another to commit it or advises, hires, counsels, or otherwise procures another to commit it. Such party is also concerned in the commission of any other act which is committed in pursuance of the intended violation and which, under the circumstances, is the natural and probable consequence of the intended violation. This subsection does not apply to a person who voluntarily changes his mind and no longer desires that the act be committed and notifies the other parties concerned of his withdrawal within a reasonable time before the commission of the violation so as to allow the others also to withdraw.

ARTICLE II

Offenses Against Public Safety and Peace

[Adopted 4-1-1992 (§§ 11-2-1 through 11-2-14 of the 1992 Code of Ordinances)]

§ 306-3. Regulation of firearms, explosives and other missiles.

A. Discharge of firearms regulated. No person, except a police officer or other law enforcement officer in the performance of an official duty, shall fire or discharge any firearm, rifle, spring gun, air gun or pneumatic pellet gun of any description in his possession or under his control within the City of Bayfield, provided that this section shall not prevent the firing or discharging of BB guns upon private premises by persons over 16 or under the direct personal supervision of a parent or guardian.¹

B. Hunting prohibited. Hunting within the City is prohibited, but the Chief of Police may issue written permits to owners or occupants of private premises to hunt or shoot on such premises if he finds such privileges necessary for the protection of life or property, and subject to such safeguards as he may impose for the safety of the lives and property of other persons within the City of Bayfield.

C. Shooting into City limits. No person shall in the territory adjacent to the City discharge any firearm in such manner that the discharge shall enter or fall within the City.

D. Shooting ranges. This section shall not prevent the maintenance and use of duly supervised rifle or pistol ranges or shooting galleries approved by the Common Council, upon the recommendation of the Chief of Police, where proper safety precautions are taken.

E. Explosive devices. No person shall discharge or detonate any dynamite, nitroglycerin or other explosive within the City without first obtaining a permit to do so from the Common Council.

F. Throwing or shooting of arrows, stones, or other missiles prohibited.

(1) It shall be unlawful for any person to discharge or cause the discharge of any dangerous missile from any slingshot, bow and arrow or other means within 500 feet of any inhabited dwelling or building, public park, square or enclosure or any person.

(2) This subsection shall not apply:

(a) To the shooting or discharging of toy arrows or arrows which have a tip made of rubber or similar material.

(b) To a supervised archery range approved by the Common Council.

(c) Within the interior of a single-family dwelling.

G. Definitions. For purposes of this section, the following terms shall have the meanings indicated:

FIREARM -- Any instrumentality from or with which a shot, bullet or pellet may be discharged or expelled, regardless of whether the propelling force is provided by air, spring or other similar mechanical device, or gun powder.

§ 306-4. Carrying concealed weapons prohibited; certain weapons prohibited.

A. Concealed weapons prohibited.

(1) No person shall, within the City, wear or in any manner carry under his clothes or conceal upon or about his person any deadly or dangerous weapon, provided this subsection shall not apply to a peace officer or such persons as may be authorized to carry such weapons.

(2) "Dangerous weapon" means any firearm, whether loaded or unloaded, or any device designed as a weapon and capable of producing death or great bodily harm, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

B. Concealed weapons in public establishments. No person shall carry or be possessed of a dangerous weapon in any public building or business establishment open to the public except a bona fide weapons repair, display, or sales establishment, unless such dangerous weapon is so stored and concealed (other than on the person) so as not to be readily accessible to any person or patron. This subsection shall not apply to peace officers or others duly authorized by law acting within the scope of their duties. This subsection shall not be construed to prohibit the sale, purchase, repair or trade of firearms by a retail business establishment doing so in the course of its regular business in accord with state and federal law, nor to hinder a prospective customer from attempting to buy, sell, or trade firearms to or from a retailer.

C. Specific concealed weapons prohibited. No person, except a sheriff, constable, police officer or other law enforcement officer acting within the scope of their duties, shall carry or wear concealed about his person any pistol, revolver, firearm, slingshot, cross knuckle of lead, brass or other materials, bowie knife, switchblade, dirk or dagger or any other dangerous or deadly weapon within the City.

D. Possession, sale, and manufacture of certain weapons prohibited.

(1) No person shall sell, manufacture, purchase, possess, or carry a "Numchuk" (also called a "Nunchaku") or a "Churkin" or a "Sucbai" or similar weapon within the City of Bayfield.

(2) For the purpose of this section, the following definitions shall apply:

CHURKIN -- A round throwing knife consisting of several sharp points protruding from a rounded disc.

NUMCHUK or NUNCHAKU -- An instrument consisting of two or more sticks, clubs, or rods connected by a rope, cord, wire, or chain.

SUCBAI -- A short length of wood or metal or similar material which, when gripped in the hand, protrudes on either side of the fist. Such prohibited instrument may or may not have spikes or short pointed protrusions from either end.

(3) Any such device shall be seized by a law enforcement officer and destroyed or turned over to the State of Wisconsin Crime Laboratories for destruction.

§ 306-5. Safe use and transportation of firearms and bows.

A. Definitions. In this section, the following terms shall have the meanings indicated:

AIRCRAFT -- Has the meaning given under § 114.002(3), Wis. Stats.

ENCASED -- Enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.

FIREARM -- A weapon that acts by force of gunpowder.

HIGHWAY -- Has the meaning given under § 340.01(22), Wis. Stats.

MOTORBOAT -- Has the meaning given under § 30.50(6), Wis. Stats.

ROADWAY -- Has the meaning given under § 340.01(54), Wis. Stats.

UNLOADED -- Any of the following:

(1) Having no shell or cartridge in the chamber of a firearm or in the magazine attached to a firearm.

(2) In the case of a cap lock muzzle-loading firearm, having the cap removed.

(3) In the case of a flint lock muzzle-loading firearm, having the flashpan cleaned of powder.

VEHICLE -- Has the meaning given under § 340.01(74), Wis. Stats., and includes a snowmobile, as defined under § 340.01(58a), Wis. Stats.

B. Prohibitions; motorboats and vehicles; highways and roadways.

(1) Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a motorboat with the motor running, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

(2) Except as provided in Subsection C, no person may place, possess or transport a firearm, bow or crossbow in or on a vehicle, unless the firearm is unloaded or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

(3) Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.

(4) Except as provided in Subsection C, no person may load or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow from or across a highway or within 50 feet from the center of a road.

(5) A person who violates Subsection B(1) through (4) above is subject to a forfeiture pursuant to Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield.

C. Exceptions.

(1) Subsection B does not apply to any of the following who, in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:

(a) A peace officer, as defined under § 939.22(22), Wis. Stats.

(b) A member of the US Armed Forces.

(c) A member of the National Guard.

(2) Subsection B(1), (2) and (3) do not apply to the holder of a scientific collector permit under § 29.614, Wis. Stats., who is using a net gun or tranquilizer gun in an activity related to the purpose for which the permit was issued.

(3) Subsection B(2) and (3) do not apply to the holder of a permit under § 29.193(2)(c), Wis. Stats., who is hunting from a standing automobile in accordance with that subsection.²

§ 306-6. Obstructing streets and sidewalks prohibited.

A. Obstructing streets. No person shall obstruct, loiter, cause a nuisance or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the City in such a manner as to:

(1) Prevent or obstruct the free passage of pedestrian or vehicular traffic thereon;

(2) Prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place; or

(3) Cause a nuisance by congregating and hindering the free passage of pedestrian or vehicular traffic.

B. Obstructing sidewalk prohibited. No person shall block any sidewalk or bridge by obstructing the same so that it is impossible for a pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street.

C. Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:

LOITER -- To sit, stand, loaf, lounge, wander or stroll in an aimless manner or to stop, pause or remain in an area for no obvious reason.

NUISANCE -- Unnecessary conduct which may tend to annoy, intimidate, threaten or otherwise disturb another in or about any public street, sidewalk, bridge or public ground which is offensive to the public morals or decency of the citizens of the City of Bayfield.

OBSTRUCT -- To interfere with unobstructed travel by any means, including but not limited to standing on the part of the walk that is fit for travel, or placing any object or vehicle whatsoever on such sidewalk.

SIDEWALK -- Any sidewalk owned or maintained by the City. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.

§ 306-7. Loitering prohibited.

A. Public property loitering prohibited.

(1) No person shall loiter in or about any public street, public sidewalk, street crossing, alley, bridge, public parking lot or other place of assembly or public use after being requested to move by any police officer.

(2) 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.

B. Private property loitering prohibited

(1) No person shall loiter in or about any private premises or adjacent doorways or entrances or upon private property held out for public use, including, but not limited to, business or industry parking lots or shopping malls without invitation from the owner or occupant or by any person in authority at such places. No person shall loiter in or about the doorway, stairway, steps or entrance of any business place of private residence without the expressed consent of the owner thereof, or at any time other than usual business hours. Under this subsection, "business place" shall include public building at such times that the same shall be closed for the usual and normal business conduct thereat.

(2) Upon being requested to move by any such person in authority or by any police officer, a person shall immediately comply with such request by leaving the premises or area thereof at the time of the request.

(3) No person shall sit, lie, or otherwise recline upon or against any parked motor vehicle without the expressed consent of the owner thereof, whether such be parked upon a public street, alley, parking lot, driveway or private premises.

(4) No person shall stand or loiter on any roadway other than in a safety zone if such act interferes with the lawful movement of traffic.

C. Loitering or prowling prohibited. No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police 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.

D. Loitering by underage persons where alcohol beverage is dispensed.

(1) Underage persons and intoxicants. No underage person shall enter, remain or loiter in any public or private place where any fermented malt beverage or other alcohol beverage is sold, dispensed, given away or made available, unless accompanied by a parent, guardian or spouse who has attained the legal drinking age.

(2) Permitting loitering prohibited. No person of legal drinking age shall permit any underage person to enter, remain or loiter in any premises, public or private, where fermented malt beverages or other alcohol beverages are served, sold, dispensed, given away or made available, unless such underage person is accompanied by a parent, guardian or spouse who has attained the legal drinking age.

E. Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:³

LOITER -- As defined in § 306-6C of this article.

NUISANCE -- As defined in § 306-6C of this article. ⁴

§ 306-8. Disorderly conduct.

A. Disorderly conduct prohibited. No person within the City of Bayfield shall:

(1) In any public or private place engage in violent, noisy, riotous, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to annoy or disturb any other person;

(2) Intentionally cause, provoke or engage in any fight, brawl, riot or noisy altercation;

(3) With intent to annoy another, make a telephone call, whether or not conversation ensues;

(4) Indecently expose his or her person;

(5) Be in any business or private structure, private vehicle or upon any private grounds without the consent of the owner.

B. Defecating or urinating in public places. It shall be unlawful for any person to defecate or urinate outside of designed sanitary facilities, upon any sidewalk, street, alley, public parking lot, park, playground, cemetery or other public area within the City, or upon any private property in open view of the public, or in the halls, rooms without rest room facilities, stairways or elevators of public or commercial buildings.⁵

§ 306-9. Unauthorized presence on school property.

A. Unauthorized presence.

(1) No student who is under suspension, expulsion, or other disciplinary procedures excluding him from attending any school located within the City or any person not a student presently enrolled or not an employee of such schools or not a parent or guardian of a student, or not an otherwise "authorized person," shall be present within any school building or upon any school grounds without having first secured authorization to be there from the principal or other person in charge of the school building or school grounds, except while in direct route to secure such authorization.

(2) Any unauthorized person who shall come upon school property and refuses to leave upon request by the school principal or any person acting under the direction of the school principal, in addition to violating Subsection A(1), shall be guilty of trespass.

(3) "Authorized person" shall include:

(a) Any person who is present at any school building or school grounds for the purpose previously authorized by the school or their designee;

(b) Any person transporting a student and who utilizes the driveway specified for loading and unloading personnel;

(c) Any person utilizing a designated area for attending an athletic or other organized school event.

B. Disorderly conduct on public school property.

(1) No person shall, on any school property or building, engage in violent, abusive, loud or otherwise disorderly conduct which causes or provokes an immediate disturbance of public order or disturbs or annoys any other person; nor shall a person intentionally engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.

(2) Nonstudents, students from schools other than the school on the property or students from a school who are not in compliance with the school system's published rules and regulations shall be considered in violation of this section. The published rules and regulations of the school system are incorporated as if fully set forth herein.

(3) All entrances to the school buildings referred to in Subsection A shall be posted with a notice stating "Entry Into School Building by Unauthorized Person Prohibited," following notification of school authorities.

(4) "Unauthorized presence" shall include any vehicle that is found on school property which has not received permission to be there. If the occupants or owners are not on school property for some legitimate business or activity or are parked in an area that regulates parking to certain authorized vehicles, they are in violation. Such vehicle may be issued a City citation that regulates parking or may be towed away at the direction of the school principal or person in charge of such school building. Law enforcement officers may also have any vehicle towed away which, because of its location, creates a hazard to life or property.

C. Loitering near school prohibited. No person not in official attendance or on official school business shall enter into, congregate, loiter or cause a nuisance in any school building in the City of Bayfield or upon any School District grounds or within adjacent posted school zones on any day when such schools are in session.

D. Possession of intoxicating liquor and fermented malt beverages. No person shall possess intoxicating liquor or fermented malt beverages while on any school property.

E. Definitions. As used in this section, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:⁶

LOITER -- As defined in § 306-6C of this article.

NUISANCE -- As defined in § 306-6C of this article.

§ 306-10. Truancy.

A. Contributing to truancy.

(1) Except as provided in Subsection A(2) below, any person 18 years of age or older, who, by an act or omission, knowingly encourages or contributes to the truancy, as defined in Subsection A(4), of a child shall be subject to a forfeiture pursuant to Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield.

(2) Subsection A(1) above does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats.

(3) An act or omission contributes to the truancy of a child, whether or not the child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be a truant.

(4) "Truancy" means any absence of part or all of one or more days from school during which the school attendance officer, principal or teacher has not been notified of the legal cause of such absence by the parent or guardian of the absent pupil, and also means intermittent attendance carried on for the purpose of defeating the intent of § 118.15, Wis. Stats.

B. Parent or guardian liability for truancy.

(1) Unless the child is excepted or excused under § 118.15, Wis. Stats., or has graduated from high school, any person having under control a child who is between the ages of six and 18 years shall cause the child to attend school regularly during the full period of hours, religious holidays excepted, that the public or private school in which the child should be enrolled is in session until the end of the school term, quarter or semester of the school year in which the child becomes 18 years of age.

(2) Penalties.

(a) A person found to have violated Subsection B(1) above, after evidence is provided by a school official that the activities under § 118.16(5), Wis. Stats., have been completed, shall be subject to a forfeiture pursuant to Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield.

(b) Subsection B(2)(a) above does not apply to a person who has under his or her control a child who has been sanctioned under § 49.26(1)(h), Wis. Stats., nor does it apply if the person proves that he or she is unable to comply with Subsection B(1) because of the disobedience of the child.

§ 306-11. Failure to obey lawful order; resisting an officer.

A. Lawful orders. It shall be unlawful for any person to fail to obey the direction or order of a police officer while such police officer is acting in an official capacity in carrying out his or her duties.

B. Resisting or interfering with officer prohibited. It shall be unlawful for any person to resist or in any way interfere with any police officer or member of the Police Department or any person called to assist such officer, or to threaten, resist or interfere with such officer or person or to advise or encourage any other person to resist or interfere with such officer or person in the discharge of his duty, or to in any way interfere with or hinder or prevent him from discharging his duty as such officer or assistant, or to offer or endeavor to do so, or to in any manner assist any person in the custody of any law enforcement officer to escape or to attempt to escape from such custody, or to try to persuade any person to escape from the custody of such officer, or to rescue or attempt to rescue any person so in custody or to fail to obey the order or direction of such officer while such officer is acting in his official capacity in carrying out his duties.

§ 306-12. Possession of controlled substances or drug paraphernalia.

A. Controlled substances. It shall be unlawful for any person to possess a controlled substance contrary to the Uniform Controlled Substances Act, Ch. 961, Wis. Stats.

B. Possession of marijuana. No person shall possess 25 grams or less of marijuana, tetra-hydrocannabinois or any derivative thereof, unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a licensed physician or pharmacist for a valid medical purpose. Possession of more than 25 grams of marijuana shall be subject to prosecution in accordance with state law. [Amended 10-18-2006 by Ord. No. 335]

C. Possession of drug paraphernalia. 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 or controlled substance analog in violation of Chapter 961, Wis. Stats. For purposes of this provision, "drug paraphernalia" shall be defined as it is in § 961.571, Wis. Stats. (2005-2006). In determining whether this provision is violated, § 961.572, Wis. Stats. (2005-2006) shall apply. [Added 10-7-2008 by Ord. No. 346]

§ 306-13. Crossing a police line.

No individual shall cross a police or fire line that has been so designated by banner, signs or other similar identification.

§ 306-14. Harassment.

No person, with intent to harass or intimidate another person, shall do any of the following; each instance shall be considered a separate violation:

A. Strike, shove, kick or otherwise subject the person to physical contact or attempts or threatens to do the same.

B. Engage in a course of conduct or repeatedly commits acts which harass or intimidate the person and which serve no legitimate purpose.

ARTICLE III

Offenses Against Property

[Adopted 4-1-1992 (§§ 11-3-1 through 11-3-11 of the 1992 Code of Ordinances)]

§ 306-15. Destruction or theft of property prohibited.

A. Destruction of property. No person shall willfully injure or intentionally deface, destroy, or unlawfully remove or interfere with any property belonging to the City of Bayfield, Bayfield School District, or to any private person without the consent of the owner or proper authority, nor shall any person or organization place or permit to be placed any sign, poster, advertisement, notice, or other writing upon any utility ornamental light pole belonging to the City without the consent of proper authority. Any signs, posters, advertisements, notices, or other writings so placed shall be removed by law enforcement authorities and the placing person or organization cited for violation of this section.

B. Parental liability. Pursuant to § 895.035, Wis. Stats., the parents of an unemancipated minor shall be liable for the damage of property caused by the willful, malicious or wanton act of such child; such liability shall not exceed $5,000.

C. Theft of property. No person shall intentionally take and carry away, use, transfer, conceal or retain possession of movable property of another without that other person's consent and with intent to deprive the owner permanently of possession of such property.

§ 306-16. Littering prohibited.

A. Littering prohibited. No person shall throw any glass, refuse or waste, filth or other litter upon the streets, alleys, highways, public parks or other property of the City of Bayfield, or upon property within the City owned by the School District or any private person, or upon the surface of any body of water within the City of Bayfield.

B. Litter from conduct of commercial enterprise.

(1) Scope. The provisions of this subsection shall apply to all sales, promotions and other commercial ventures that result in litter being deposited on any street, alley or other public way.

(2) Litter to be cleaned up. Any person, firm, corporation or association carrying on an enterprise that results in litter being deposited on any street, alley or other public way shall clean up the same within 12 hours of the time the same is deposited. If any such litter is subject to being blown about, it shall be picked up immediately. If any such litter is likely to attract animals or vermin, such litter shall be picked up immediately.

(3) Litter picked up at litterer's expense. If any person, firm, corporation or association fails to pick up any litter as required by Subsection B(2) within the time specified, the City shall arrange to have the same picked up by City crews or by private enterprise. The entire expense of picking up such litter, together with an additional charge of 20% for administrative expenses, shall be charged to the person, firm, corporation or association that did the littering. If such sum is not promptly paid, steps shall be taken, with the advice of the City Attorney's office, to collect the same. This charge shall be in addition to any forfeiture or other penalty for violation of this section.

C. Depositing of materials prohibited. It shall be unlawful for any person to deposit, cause or permit to be deposited, placed or parked any vegetation, grass, leaves, foliage, earth, sand, gravel, water, snow, ice, debris, waste material, foreign substance, construction materials, equipment or object upon any street, sidewalk or public property without authorization of the Common Council or Public Works Director pursuant to the provisions of this Code of the City of Bayfield, or upon any private property without the consent of the owner or lessee of the property. Any person who deposits, causes or permits to be deposited, placed or parked any such materials, equipment or objects upon any street, sidewalk or property shall be responsible to properly mark or barricade the area so as to prevent a safety hazard.

D. Handbills.

(1) Scattering prohibited. It shall be unlawful to deliver any handbills or advertising material to any premises in the City except by being handed to the recipient, placed on the porch, stoop or entrance way of the building or firmly affixed to a building so as to prevent any such articles from being blown about, becoming scattered or in any way causing litter.

(2) Papers in public places prohibited. It shall be unlawful to leave any handbills, advertising material or newspapers unattended in any street, alley, public building or other public place, provided that this shall not prohibit the sale of newspapers in vending machines.

§ 306-17. Abandoned refrigerators prohibited.

No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children any abandoned, unattended or discarded ice box, refrigerator or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside without first removing said door or lid, snap lock or other locking device from said ice box, refrigerator or container, unless such container is displayed for sale on the premises of the owner or his agent and is securely locked or fastened.

§ 306-18. Theft of library material.

A. Definitions. For the purposes of this section, certain words and terms are defined as follows:

ARCHIVES -- A place in which public or institutional records are systematically preserved.

LIBRARY -- Any public library, library of an educational or historical organization or society or museum, and specifically the public libraries within the City of Bayfield and school libraries.

LIBRARY MATERIAL -- Includes any book, plate, picture photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, or other tapes, artifacts or other documents, written or printed materials, regardless of physical form of characteristics, belonging to, on loan to or otherwise in the custody of a library.

B. Possession without consent prohibited. Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of possession of the material may be subject to a forfeiture as provided by Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield. The failure to return library material after its proper return date, after written notice from the library and City Attorney, shall be deemed to be theft. Notice shall be considered given when written notice is mailed to the last-known address of the person with the overdue material; the notice date shall be the date of mailing.

C. Concealment. The concealment of library material beyond the last station for borrowing library material in a library is evidence of intent to deprive the library of possession of the material. The discovery of library material which has not been borrowed in accordance with the library's procedures or taken with consent of a library official, agent or employee and which is concealed upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material.

D. Detention based on probable cause. An official or adult employee or agent of a library who has probable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a law enforcement officer or to the person's parent or guardian in the case of a minor. The detained person shall be promptly informed of the purpose of the detention and be permitted to make telephone calls, but shall not be interrogated or searched against his or her will before the arrival of a law enforcement officer who may conduct a lawful interrogation of the accused person. Compliance with this section entitles the official, agent or employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.

E. Damaging material prohibited. No person shall mar, deface or in any other way damage or mutilate any book, periodical, pamphlet, picture or other article or property belonging to or in charge of the library. Any person convicted of violating this Subsection shall be subject to the penalties as set forth in Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield.

F. Return demanded. No person shall fail, on demand, to return any book periodical, pamphlet, picture or other articles or property belonging to or in charge of the Bayfield Public Library according to the rules or regulations duly made and adopted by the Library Board and no person shall remove from the library any book, periodical, pamphlet, picture or other articles or property without first having it charged as provided by such rules and regulations. Any person convicted of violating any provision of this subsection shall be subject to the penalties as set forth in Chapter 1, General Provisions, Article I, § 1-3, Violations and penalties, of the Code of the City of Bayfield.⁷

§ 306-19. Damage to public property.

A. Damaging public property. No person shall climb any tree or pluck any flowers or fruit, wild or cultivated, or break, cut down, trample upon, remove, or in any manner injure or deface, write upon, defile or ill use any tree, shrub, flower, flower bed, turf, fountain, ornament, statue, building, fence, apparatus, bench, table, official notice, sign, bridge, structure or other property within any park or parkway, or in any way injure, damage or deface any public building, sidewalk or other public property in the City of Bayfield.

B. Breaking of street lamps or windows. No person shall break glass in any street lamps or windows of any building owned or occupied by the City.

C. Damaging fire hydrants and water mains. No person shall, without the authority of the City, operate any valve connected with the street or water supply mains, or open any fire hydrant connected with the water distribution system, except for the purpose of extinguishing a fire. No person shall injure or impair the use of any water main or fire hydrant.

§ 306-20. Retail theft.

A. Whoever intentionally alters indicia of price or value of merchandise or takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant without consent and with intent to deprive the merchant permanently of possession or the full purchase price may be penalized as provided in Subsection D.

B. The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payments in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods.

C. A merchant or merchant's adult employee who has probable cause for believing that a person has violated this section in his presence may detain such person in a reasonable manner for a reasonable length of time to deliver him to a peace officer, or to his parent or guardian if a minor. The detained person must be promptly informed of the purpose for the detention and may make phone calls, but he shall not be interrogated or searched against his will before the arrival of a police officer who may conduct a lawful interrogation of the accused person. Compliance with this subsection entitles the merchant or his employee affecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.

D. If the value of the merchandise does not exceed $100, any person violating this section shall forfeit not more than $200. If the value of the merchandise exceeds $100, this section shall not apply and the matter shall be referred to the District Attorney for criminal prosecution.

§ 306-21. Issuance of worthless checks.

A. Whoever issues any check or other order for the payment of money less than $500 which, at the time of issuance, he or she intends shall not be paid is guilty of a violation of this section.

B. Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for payment of money intended it should not be paid:

(1) Proof that, at the time of issuance, the person did not have an account with the drawee; or

(2) Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order; or

(3) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within five days after receiving notice of nonpayment or dishonor to pay the check or other order.

C. This section does not apply to a post-dated check or to a check given in past consideration, except a payroll check.

§ 306-22. Trespass to dwelling or land.

A. Trespass to land. No person shall enter or remain on any land after having been notified by the owner or occupant not to remain on the premises.

B. Trespass to dwelling. No person shall intentionally enter the dwelling of another without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace.

§ 306-23. Regulation of smoking.

A. State statute adopted. The provisions of § 101.123, Wis. Stats., relating to the regulation of smoking and clean indoor air, except provisions therein relating to penalties to be imposed, are hereby adopted by reference and made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section. Any future amendment, revisions or modifications of the statutes incorporated herein are intended to be made a part of this section.

B. Smoking prohibited within or upon all buildings and equipment owned, leased or rented by the City. In recognition of a need to protect the health and comfort of the public and City employees from the detrimental effects of smoking, pursuant to the authority granted to the City by § 101.123(2)(c), Wis. Stats., smoking as defined by § 101.123(1)(h), Wis. Stats., it is hereby prohibited by any person within or upon all buildings and enclosed equipment owned, leased or rented by the City of Bayfield.⁸

§ 306-24. Theft.

No person shall intentionally take and carry away, use, transfer, conceal or retain possession of movable property of another without his consent and with intent to deprive the owner permanently of possession of such property.