The ordinances reproduced on this website are derived from the updated computer files used to produce the official Revised Municipal Code for the City of Stevens Point, but are unofficial. The ordinances on this web site cannot be certified under s. 889.08, Wis. Stats., and cannot be considered prima facie evidence under s. 889.04, Wis. Stats. Certain tables and maps that are a part of the official Revised Municipal Code for the City of Stevens Point are not included in the ordinance files reproduced on this website. Please consult the bound Revised Municipal Code for the City of Stevens Point, available in the City Clerk's Office, for the official text.

Chapter 24
Public Peace And Offenses Against Public Policy

Section
24.01 Disorderly Conduct
24.02 Loitering on School Grounds
24.03 Possession or Drinking of Malt Beverages or Intoxicating Liquor on Public Ways and Containers in Spectator Facilities
24.04 Drinking in Goerke Memorial Park
24.05
24.06 Littering
24.07
24.08 Cruelty to Animals – see section 14.03
24.09 Storage of Refrigerators, Freezers, & Other Similar Containers
24.10 Battery
24.11 Battery to Peace Officers and Fire Fighters
24.12 Firearms and Weapons
24.13 Hunting in the city
24.14 Discharging Firearms/Gun/Archery Arrow
24.15 Fireworks Regulated
24.16 Damage to Property; Graffiti
24.17 Trespass to Property
24.18 Theft
24.19 Dognapping and Catnapping – see section 14.04
24.20 Fraud on Hotel or Restaurant Keeper or Taxicab Operator
24.21 Use of Cheating Tokens
24.22 Retail Theft/Shoplifting
24.23 Gambling
24.24 Swimming, Water Skiing or Boating in Vicinity of Municipal Boat Landing Dock
24.25 Curfew for Minors Fifteen Years of Age and Under
24.26 Jurisdiction of City Over Offenses
24.27 City Ordinance Citations and Bond Schedule
24.28 Massage Parlor Regulations
24.29 Pornographic Material or Performances
24.30 Theft of Library Material
24.31 Restitution, Authority to Impose
24.32 Entry onto Construction Site or into Locked Building, Dwelling or Room.
24.33 Attempted Battery, Attempted Theft
24.34 Harassment
24.35 Urinating/Defecating on Property without Owner's Consent
24.36 Habitual Truancy
24.37 Skateboards, Roller Skates, Roller Skis, In-Line Skates and Play Vehicles
24.38 Cigarettes and Tobacco Products - Minors
24.39 Parties to Ordinance Violation
24.40 Loitering and Unlawful Assemblies
24.41 Restriction on Cigarettes and Tobacco Products
24.42 Truancy
24.43 Drug Paraphernalia
24.44 Compression Brakes
24.45 Sexually Oriented Business

24.01 DISORDERLY CONDUCT. Whoever does any of the following shall suffer a forfeiture of not more than $200 and in lieu of payment assessed imprisonment for not more than sixty (60) days in the county jail.

(l) In a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which such conduct tends to cause or provoke a disturbance.

(2) Use of telephone:

(a) With intent to frighten, intimidate, threaten, abuse or harass, makes a telephone call and threatens to inflict injury or physical harm to any person or the property of any person.

(b) With intent to frighten, intimidate, threaten, abuse, harass or offend, telephones another and uses obscene, lewd or profane language or suggests any lewd or lascivious act.

(c) Makes or causes the telephone of another repeatedly to ring, with intent to harass any person at the called number.

(d) Makes repeated telephone calls, whether or not conversation ensues, with intent solely to harass any person at the called number.

(e) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to abuse, threaten, or harass any person at the called number.

(f) Knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section.

(3) Operates on public or private property a motor vehicle, motorcycle, snowmobile, or minibike under circumstances which tend to cause or provoke a disturbance or annoy any person, engage in violent or unreasonably loud or otherwise disorderly conduct, including but not limited to unnecessary or intentional spinning of wheels, squealing of tires, revving of the engine, or causing the engine to backfire.

Index for this Chapter

24.02 LOITERING ON SCHOOL GROUNDS. Whoever loiters on any public school grounds or in any public school building within the city between the hours of 6:00 o'clock p.m. and 6:00 o'clock a.m. is subject to a forfeiture not to exceed $100, or in lieu of payment assessed, imprisonment in the county jail not to exceed thirty (30) days.

Index for this Chapter

24.03 POSSESSION OF OR DRINKING FERMENTED MALT BEVERAGES OR INTOXICATING LIQUOR ON PUBLIC WAYS. Whoever has in his/her possession any open can, bottle, or other vessel containing malt beverages or intoxicating liquor, or who shall drink from the same on any public way, public street, sidewalk, boulevard, parkway, safety zone, alley or public parking lot, or on and/or in any motor vehicle parked on a public way, public street, alley, or parking lot shall suffer a forfeiture not to exceed $100 and in lieu of such payment assessed, imprisonment for not more than thirty (30) days in the county jail. The exception being that, at such times and such places as may be specifically excepted temporarily from the provisions hereof by order of the common council.

Index for this Chapter

24.04 DRINKING IN GOERKE MEMORIAL PARK.

(1) Whoever consumes or has in his or her possession fermented malt beverage or intoxicating liquor in Goerke Memorial Park in the City of Stevens Point except as hereinafter provided, shall suffer a forfeiture not to exceed $120.00 and in lieu of such payment assessed, imprisonment for not more than 30 days in the county jail.

(2) Notwithstanding the provisions of subsection (1) above the K. B. Willett Arena and the recreation center and such other areas as from time to time the common council may declare by resolution, shall be exempt from the provisions of this ordinance as it applies to the consumption and possession of fermented malt beverage.

(3) The consumption and or possession of fermented malt beverage in the K. B. Willett Arena, the recreation center or such other areas as permitted by the common council shall occur only when and under the following conditions:

(a) The city of Stevens Point shall be the exclusive vendor of fermented malt beverage in these areas.

(b) The consumption and or possession of fermented malt beverage is permitted only within the structural confines of the K. B. Willett Arena, the recreation center or designated area.

(c) The consumption and or possession of fermented malt beverage in the K. B. Willett Arena, the recreation center or designated area is permitted only as described by chapter 125 of the Wisconsin statutes as amended.

(4) Notice shall be posted at the entrances of the K. B. Willett Arena and recreation center giving notice of the applicable provisions of this ordinance. Absence of the notices shall not affect the enforcement of the ordinance.

Index for this Chapter

24.06 LITTERING

(1) In this section:

(a) "Aircraft" means any structure invented, used or designed for navigation or flight in the air.

(b) "Highway" has the meaning given in section 340.01(22), Wisconsin statutes.

(c) "Vehicle" has the meaning given in section 340.01(74), Wisconsin statutes.

(d) "Waters of the city" has the meaning given in section 281.01(18), Wisconsin statutes, as applicable within the city.

(2) Except as provided in subsection (3), a person who does any of the following is subject to a forfeiture of not more than $200.00 and in lieu of payment assessed imprisonment for not more than sixty (60) days in the county jail:

(a) Deposits or discharges any solid waste on or along any highway, in any waters of the city, on the ice of any waters of the city or on any other public or private property.

(b) Permits any solid waste to be thrown from a vehicle operated by the person.

(c) Fails to remove within 30 days or otherwise abandons any automobile, boat or other vehicle in the waters of the city.

(d) Owns an aircraft that has crashed in the waters of the city and fails to remove the aircraft from those waters within 30 days after the crash, or within 30 days after the national transportation safety board pursuant to an investigation under 49 CFR Part 831 authorizes its removal, whichever is latest.

(3) (a) Subsection (2) (a) does not apply to a person who places solid waste in a receptacle designed for solid waste storage that is located along a highway or on other public or private property.

(b) Subsection (2) does not apply to a person who deposits or discharges solid waste in conformance with chapters 30, 31, 281 to 285 or 289 to 299, Wisconsin statutes, or a permit, license or other approval issued by the Wisconsin department of natural resources under those chapters.

Index for this Chapter

24.08 CRUELTY TO ANIMALS. See Section 14.03.

Index for this Chapter

24.09 STORAGE OF REFRIGERATORS, FREEZERS, & OTHER SIMILAR CONTAINERS. Any person who discards or abandons any refrigerator, icebox or deep freeze locker, having a capacity of 1 ½ cubic feet or more, which is no longer in use, and which has not had the door removed, or such portion of the latch mechanism removed to prevent latching or locking of the door, is subject to a forfeiture not to exceed $100.00 and in lieu of payment assessed imprisonment of not more than thirty (30) days. Any owner, lessee or manager who knowingly permits such a refrigerator, icebox or deep freeze locker to remain on premises under his or her control without having the door removed or such portion of the latch mechanism removed to prevent latching or locking of the door is subject to a forfeiture not to exceed $100.00 and in lieu of payment assessed imprisonment of not more than thirty (30) days.

Index for this Chapter

24.10 BATTERY. Whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is subject to a forfeiture of not more than $200.00 and in lieu of such payment assessed imprisoned for not more than sixty (60) days in the county jail.

Index for this Chapter

24.11 BATTERY TO PEACE OFFICERS AND FIRE FIGHTERS. Whoever intentionally causes bodily harm to a law enforcement officer or fire fighter, as those terms are defined in section 102.475 (8)(b) and (c), Wisconsin statutes, acting in an official capacity and the person knows or has reason to know that the victim is a law enforcement officer or fire fighter, by an act done without the consent of the person so injured, is subject to a forfeiture of not more than $200 and in lieu of such payment assessed, imprisonment for not more than sixty (60) days in the county jail.

Index for this Chapter

24.12 FIREARMS AND WEAPONS

(1) Definitions. In sections 24.12, 24.13 and 24.14:

(a) "Animal" has the meaning specified in section 14.01(l) of this code.

(b) "Dangerous weapon" has the meaning specified in section 939.22(10), Wisconsin statutes, except "dangerous weapon" does not include any firearm.

(c) "Encased" has the meaning specified in section 167.3 1 (l)(b), Wisconsin statutes.

(d) "Facsimile firearm" has the meaning specified in section 941.2965(l), Wisconsin statutes.

(e) "Firearm" has the meaning specified in section 167.3 l(l)(c), Wisconsin statutes.

(f) "Handgun" has the meaning specified in section 175.35(l)(b), Wisconsin statutes.

(g) "Hunt" or "hunting" has the meaning specified in section 29.01(8), Wisconsin statutes, as amended by 1997 Wisconsin Act 1.

(h) "School" has the meaning specified in section 948.61(l)(b), Wisconsin statutes.

(i) "School premises" has the meaning specified in section 948.61(l)(c), Wisconsin statutes.

(j) "School zone" has the meaning specified in section 948.605(l)(c), Wisconsin statutes.

(k) References to the Wisconsin statutes incorporate any future amendments, revisions, modifications or renumbering of any such statute.

(l) "Switchblade" means any knife having a blade which opens by pressing a button, spring or other device in the handle or by gravity or by a thrust or movement.

(m) "Unloaded" has the meaning specified in section 167.3 1 (l)(g), Wisconsin statutes.

(2) Firearms -- Possession / Armed With.

(a) Any person who goes armed with a firearm in any building owned or leased by the state or any political subdivision of the state is subject to a forfeiture of not more than $200.00, and in lieu of payment assessed, imprisonment for not more than sixty (60) days in the county jail. This paragraph does not apply to persons specified in section 941.235(2), Wisconsin statutes.

(b) Any person who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is a school zone is subject to a forfeiture of not more than $200.00, and in lieu of payment assessed, imprisonment for not more than sixty (60) days in the county jail. This paragraph does not apply under the conditions specified in section 948.605(2)(b), Wisconsin statutes.

(c) Any person who intentionally goes armed with a handgun on any premises for which a Class "B" or "Class B" license or permit has been issued under chapter 125, Wisconsin statutes, is subject to a forfeiture of not more than $200.00, and in lieu of payment assessed, imprisonment for not more than sixty (60) days in the county jail. Premises for the purposes of this paragraph excludes any area primarily used as a residence. This paragraph does not apply to persons or circumstances specified in section 941.237(3), Wisconsin statutes. Any party that claims that an exception under section 941.237(3), Wisconsin statutes, is applicable has the burden of proving the exception by a preponderance of the evidence.

(3) Firearms / Air Guns -- Minors

(a) Any person under 18 years of age who possesses or goes armed with any firearm, air rifle, beebee or pellet-firing gun that expels a projectile through the force of air pressure is subject to a forfeiture of not more than $200.00, and in lieu of payment assessed, imprisonment for not more than sixty (60) days in the county jail. This paragraph does not apply to persons as provided in section 948.60(3), Wisconsin statutes, or as provided in section 24.14(3) of this code.

(b) Any person who intentionally sells, loans, or gives any firearm, air rifle, beebee or pellet-firing gun that expels a projectile through the force of air pressure, or ammunition for same, to a person under 18 years of age is subject to a forfeiture of not more than $200.00, and in lieu of such payment assessed, imprisonment for not more than sixty (60) days in the county jail. This paragraph does not apply to persons as provided in section 948.60(3), Wisconsin statutes, or as provided in section 24.14(3) of this code.

(4) Firearms -- Transportation. Any person who places, possesses or transports any firearm in or on a vehicle in which the firearm is not unloaded and not encased is subject to a forfeiture of not more than $200.00, and in lieu of payment assessed, imprisonment for not more than sixty (60) days in the county jail. This subsection does not apply under the conditions specified in section 167.30(4), Wisconsin statutes.

(5) Firearms -- Facsimile. Any person who carries or displays a facsimile firearm in a manner that could reasonably be expected to alarm, intimidate, threaten or terrify another is subject to a forfeiture of not more than $200.00, and in lieu of payment assessed, imprisonment for not more than sixty (60) days in the county jail. This subsection does not apply to persons as specified in section 941.2965(3), Wisconsin statutes.

(6) Dangerous Weapons Other Than Firearms.

(a) Dangerous weapon for the purposes of this subsection (6) shall include Bowie knife, switchblade, dirks dagger, sling shot, crossbow, cross knuckle of lead, brass or other metal, gas operated gun, spring gun, or any other device used for the purpose of propelling any hard object by any manner whatsoever, whether such instrument is called by any name set forth herein or by any other name, or any other dangerous weapon. Dangerous weapon for the purposes of this subsection (6) does not include any firearm.

(b) Any person, except a peace officer, who goes armed with any dangerous weapon is subject to a forfeiture of not more than $200.00, and in lieu of payment assessed, imprisonment for not more than sixty (60) days in the county jail.

(c) Subsection (b) does not apply to any person on his or her own property or on the property of his or her own residence.

(d) Any person under 18 years of age who possesses or goes armed with any of the following items is subject to a forfeiture of not more than $200.00, and in lieu of payment assessed, imprisonment for not more than sixty (60) days in the county jail:

1. Metallic knuckles or knuckles of any substance which could be put into the same use with the same or similar effect as metallic knuckles;

2. A nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather;

3. A cestus or similar material weighted with metal or other substance and worn on the hand;

4. A shuriken or any similar pointed star-like object intended to injure a person when thrown;

5. A manrikigusari or similar length of chain having weighted ends.

6. A device or container that contains a combination of oleoresin of capsicum and inert ingredients.

(e) Subdivisions I through 5 of paragraph (d) do not apply as provided in section 948.60(3), Wisconsin statutes.

(f) In this paragraph, dangerous weapon does not include any beebee or pellet-firing gun that expels a projectile through the force of air pressure or any starter pistol. Any person who knowingly possesses or goes armed with a dangerous weapon on school premises is subject to a forfeiture of not more than $200.00, and in lieu of payment assessed, imprisonment for not more than sixty (60) days in the county jail. This paragraph does not apply to persons as specified in section 948.61(3), Wisconsin statutes.

(7) This section is not intended to prohibit the carrying of any instrument necessary to certain trades, crafts, sports or professions during the usual course of such endeavor, provided an individual is allowed by law to possess such instrument.

(8) This section is not intended to prohibit the transportation of any instrument which by law an individual is allowed to possess, if the same is unloaded and dismantled or encased.

(9) Any weapon involved in an offense under this section may be seized and held by the police department until disposition of the charge takes place. Upon conviction of an offense under this section, the court may make such disposition of the weapon as it determines appropriate under the Wisconsin statutes.

Index for this Chapter

24.13 HUNTING IN THE CITY.

(1) Except as specifically provided otherwise by section 24.14 or another section of the revised municipal code or except as specifically authorized by the common council, no person may hunt any wild animal in the city. Whenever an authorization from the city to hunt in the city has any conditions associated with it, no person may exercise such authorization without complying with any and all such conditions.

(2) Whoever violates this section is subject to a forfeiture of not more than $200.00 and in lieu of such payment assessed imprisoned for not more than sixty (60) days in the county jail.

Index for this Chapter

24.14 DISCHARGING FIREARM/GUN/ARCHERY ARROW.

(1) Whoever discharges, except a peace officer, any firearm, spring gun, air gun, or archery arrow within the City of Stevens Point is subject to a forfeiture of not more than $200.00 and in lieu of such payment assessed, imprisonment for not more than sixty (60) days in the county jail.

(2) The provisions in section (1) shall not apply on certain public lands during those periods of time designated by the common council as open to hunting by the use of certain weapons.

(3) The provisions in subsection (1) shall not apply to such activities on the following described real estate:

That part of Section 23, Township 24 North, Range 8 East, Town of Hull, County of Portage, State of Wisconsin described as follows:
The Southwest Quarter of the Northeast Quarter, the Northwest Quarter the Southeast Quarter, the Northeast Quarter of the Southwest Quarter and that part of the Southeast Quarter of the Northwest Quarter more particularly described as follows:
Beginning at the Southwest corner of said Southeast Quarter of the Northwest Quarter; thence north along the west line of said Southeast Quarter of the Northwest Quarter to a point 627.80 feet south of the Northwest corner of said Southeast Quarter of the Northwest Quarter of Section 23; thence N29°55'E to a point on the north line of said Southeast Quarter of the Northwest Quarter of Section 23 said point being 360.5 feet east of the Northwest corner thereof; thence east along said north line to its northeast corner thereof; thence south along the east line of said Southeast Quarter of the Northwest Quarter to its southeast corner thereof; thence west along the south line of said Southeast Quarter of the Northwest Quarter to the point of beginning and there terminating.

(4) The provisions in subsection (1) shall not apply to any building, premises or area approved for such discharge by the common council.

Index for this Chapter

24.15 FIREWORKS REGULATED.

(1) The statutory provisions of section 167.10 of the Wisconsin statutes describing and defining regulations with respect to fireworks, exclusive of any provisions therein relating to penalties to be imposed, are hereby adopted and by reference made a part of this code as if fully set forth herein, as authorized in section 167.10(5), Wisconsin statutes. Any act required to be performed or prohibited by statute incorporated herein by reference is required or prohibited by this code. Any future amendments, revisions, modifications, or renumbering of the statute incorporated herein are intended to be made part of this code in order to secure uniform regulation of fireworks.

(2) Penalties. Whoever violates the provisions of this section shall suffer a forfeiture of not more than $200.00 and in lieu of payment thereof imprisoned for a period of not more than sixty (60) days in the county jail.

Index for this Chapter

24.16 DAMAGE TO PROPERTY; GRAFFITI.

(1) Whoever intentionally causes damage to any physical property of another without the person's consent is subject to a forfeiture of not more than $200.00 and in lieu of such payment assessed imprisoned for not more than sixty (60) days in the county jail.

(2) Whoever intentionally marks, draws or writes with paint, ink or another substance on or intentionally etches into the physical property of another without the other person's consent is subject to a forfeiture of not more than $200.00 and in lieu of such payment assessed imprisoned for not more than sixty (60) days in the county jail.

(3) If more than one item of property is damaged under a single intent and design, the damage to all the property may be prosecuted as a single offense. If more than one item of property is marked, drawn or written upon or etched into under a single intent and design, the markings, drawings or writings on or etchings into all the property may be prosecuted as a single offense.

(4) In any case of prohibited damage involving more than one act of prohibited damage but prosecuted as a single offense, it is sufficient to allege generally that prohibited damage to property was committed between certain dates. At the trial, evidence may be given of any such prohibited damage that was committed on or between the dates alleged. In any case under this section involving more than one act of marking, drawing, writing or etching but prosecuted as a single offense, it is sufficient to allege generally that prohibited marking, drawing or writing on or etching into property was committed between certain dates. At the trial, evidence may be given of any such prohibited marking, drawing, writing or etching that was committed on or between the dates alleged.

Index for this Chapter

24.17 TRESPASS TO PROPERTY.

(1) In this section:

(a) "Dwelling unit" means a structure or that part of a structure which is used or intended to be used as a home, residence or sleeping place by one person or by 2 or more persons maintaining a common household, to the exclusion of all others.

(b) "Implied consent" means conduct or words or both that imply that an owner or occupant of land has given consent to another person to enter the land.

(c) "Inholding" means a parcel of land that is private property and that is surrounded completely by land owned by the United States, by the state of Wisconsin or by a local governmental unit or any combination of the United States, the state of Wisconsin and a local governmental unit.

(d) "Local governmental unit" means a political subdivision of the state of Wisconsin, a special purpose district in the state of Wisconsin, an instrumentality or corporation of the political subdivision or special purpose district or a combination or subunit of any of the foregoing.

(e) "Place of employment" has the meaning given in section 10 1. 0 1 (11), Wisconsin statutes.

(f) "Private property" means real property that is not owned by the United States, the state of Wisconsin or a local governmental unit.

(g) "Undeveloped land" means land that meets all of the following criteria:

1. The land is not occupied by a structure or improvement being used or occupied as a dwelling unit.

2. The land is not part of the curtilage, or is not lying in the immediate vicinity, of a structure or improvement being used or occupied as a dwelling unit.

3. The land is not occupied by a public building.

4. The land is not occupied by a place of employment.

(2) Whoever does any of the following is subject to a forfeiture of not more than $200.00 and in lieu of such payment assessed imprisoned for not more than sixty (60) days in the county jail:

(a) Enters 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.

(b) Enters any enclosed, cultivated or undeveloped land of another, other than undeveloped land specified in paragraph (e) or (f), without the express or implied consent of the owner or occupant.

(c) Enters any land of another that is occupied by a structure used for agricultural purposes without the express or implied consent of the owner or occupant.

(d) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises.

(e) Enters or remains on undeveloped land that is an inholding of another after having been notified by the owner or occupant not to enter or remain on the land.

(f) Enters undeveloped private land from an abutting parcel of land that is owned by the United States, the state of Wisconsin or a local governmental unit, or remains on such land, after having been notified by the owner or occupant not to enter or remain on the land.

(3) In determining whether a person has implied consent to enter the land of another a trier of fact shall consider all of the circumstances existing at the time the person entered the land, including all of the following:

(a) Whether the owner or occupant acquiesced to previous entries by the person or by other persons under similar circumstances.

(b) The customary use, if any, of the land by other persons.

(c) Whether the owner or occupant represented to the public that the land may be entered for particular purposes.

(d) The general arrangement or design of any improvements or structures on the land.

(4) A person has received notice from the owner or occupant within the meaning of
subsection (2)(d), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection under either of the following procedures:

(a) If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this paragraph were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this paragraph.

(b) If markings at least one foot long, including in a contrasting color the phrase "private land" and the name of the owner, are made in at least 2 conspicuous places for every 40 acres to be protected.

(5) Whoever erects on the land of another signs which are the same as or similar to those described in subsection (4) without obtaining the express consent of the lawful occupant of or holder of legal title to such land is subject to a forfeiture of not more than $200.00 and in lieu of such payment assessed imprisoned for not more than sixty (60) days in the county jail.

(6) An owner or occupant may give express consent to enter or remain on the land for a specified purpose or subject to specified conditions and it is a violation of sub. (2) (b) or (c) for a person who received that consent to enter or remain on the land for another purpose or contrary to the specified conditions.

(7) Nothing in this section shall prohibit a representative of a labor union from conferring with any employee provided such conference is conducted in the living quarters of the employee and with the consent of the employee occupants.

(8) This section does not apply to a person entering the land, other than the residence or other buildings or the curtilage of the residence or other buildings, of another for the purpose of removing a wild animal as authorized under section 29.59(2), (3) or (4), Wisconsin statutes.

(9) Any authorized occupant of employer-provided housing shall have the right to decide who may enter, confer and visit with the occupant in the housing area the occupant occupies.

Index for this Chapter

24.18 THEFT.

(1) Acts. Whoever does any of the following may be penalized as provided in section (3):

(a) Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without his/her consent and with intent to deprive the owner permanently of possession of such property.
(b) By virtue of his or her office, business, or employment, or as trustee or bailee, having possession or custody of money or of a negotiable security, instrument, paper or other negotiable writing of another, intentionally uses, transfers, conceals, or retains possession of such money, security, instrument, paper or writing without the owner's consent, contrary to his or her authority, and with intent to convert to his or her own use or to the use of any other person except the owner. A refusal to deliver any money or a negotiable security, instrument, paper or other negotiable writing, which is in his or her possession or custody by virtue of his or her office, business or employment, or as trustee or bailee, upon demand of the person entitled to receive it, or as required by law, is prima facie evidence of an intent to convert to his or her own use within the meaning of this paragraph.
(c) Having a legal interest in movable property, intentionally and without consent takes such property out of the possession of a pledgee or other persons having a superior right of possession with intent thereby to deprive the pledgee or other person permanently of the possession of such property.
(d) Obtains title to property of another by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud and which does defraud the person to whom it is made. "False representation" includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme.

(e) Intentionally fails to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement within ten (10) days after the lease or rental agreement has expired.

(2) Definitions.

(a) "Movable property" is property whose physical location can be changed, without limitation including electricity and gas, documents which represent or embody intangible rights and things growing on, affixed to or found in land.

(b) "Property" means all forms of tangible property, whether real or personal, without limitation including electricity, gas, and documents which represent or embody a chose in action or other intangible rights.

(c) "Property of another" includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife.

(d) "Value" means the market value at the time of the theft or the cost to the victim, of replacing the property within a reasonable time after the theft, whichever is less, but if the property stolen is a document evidencing a chose in action or other intangible right, value means either the market value of the chose in action or other right or the intrinsic value of the document, whichever is greater. If the thief gave consideration for, or had a legal interest in, the stolen property the amount of such consideration or value of such interest shall be deducted from the total value of the property.

(3) Penalties. Whoever violates the subsection (1) is subject to a forfeiture of not more than $300.00 and in lieu of payment thereof imprisoned for a period of not more than ninety (90) days in the county jail.

(4) Use of photographs as evidence. In any action or proceeding for a violation of subsection (1), a party may use duly indentified and authenticated photographs of property which was the subject of the violation in lieu of producing the property.

Index for this Chapter

24.19 DOGNAPPING AND CATNAPPING. See Section 14.04.

Index for this Chapter

24.20 FRAUD ON HOTEL OR RESTAURANT KEEPER OR TAXICAB OPERATOR.

(1) Whoever does any of the following may be penalized as provided in subsection (4):

(a) Having obtained any beverage, food, lodging or other service or accommodation at any campground, hotel, motel, boarding or lodging house, or restaurant, intentionally absconds without paying for it.

(b) While a guest at any campground, hotel, motel, boarding or lodging house, or restaurant, intentionally defrauds the keeper thereof in any transaction arising out of the relationship as guest.

(c) Having obtained any transportation service from a taxicab operator, intentionally absconds without paying for the service.

(2) Under this section, prima facie evidence of an intent to defraud is shown by:

(a) The refusal of payment upon presentation when due and the return unpaid of any bank check or order for the payment of money, given by any guest to any campground, hotel, motel, boarding or lodging house, or restaurant in payment of any obligation arising out of the relationship as guest. Those facts also constitute prima facie evidence of an intent to abscond without payment.

(b) The failure or refusal of any guest at a campground, hotel, motel, boarding or lodging house, or restaurant, to pay, upon written demand, the established charge for any beverage, food, lodging or other service or accommodation actually rendered.

(c) The giving of false information on a lodging registration form or the giving of false information or presenting of false or fictitious credentials for the purpose of obtaining any beverage or food, lodging or credit.

(d) The drawing, endorsing, issuing or delivering to any campground, hotel, motel, boarding or lodging house, or restaurant, of any check, draft or order for payment of money upon any bank or other depository, in payment of established charges for beverage, food, lodging or other service or accommodation, knowing at the time that there is not sufficient credit with the drawee bank or other depository for payment in full of the instrument drawn.

(3) The refusal to pay a taxicab operator the established charge for transportation service provided by the operator constitutes prima facie evidence of an intent to abscond without payment.

(4) Whoever violates this section is subject to a forfeiture of not more than $200.00 and in lieu of such payment assessed imprisoned for not more than sixty (60) days in the county jail.

(5) In addition to the other penalties provided for violation of this section, a judge may order a violator to pay restitution under section 973.20, Wisconsin statutes. A victim may not be compensated under this section and section 943.212, Wisconsin statutes.

(6) A judgment may not be entered for a violation of this section regarding conduct that was the subject of a judgment including exemplary damages under section 943.212, Wisconsin statutes.

Index for this Chapter

24.21 USE OF CHEATING TOKENS. Whoever obtains the property or services of another by depositing anything which he or she knows is not lawful money or an authorized token in any receptacle used for the deposit of coins or tokens is subject to a forfeiture of not more than $200.00 and in lieu of such payment assessed imprisoned for not more than sixty (60) days in the county jail.

Index for this Chapter

24.22 RETAIL THEFT/SHOPLIFTING.

Retail theft. (1) In this section:

(a) "Merchant" includes any "merchant" as defined in s. 402.104 (3) Wis. Stats. or any innkeeper, motelkeeper or hotelkeeper.

(ar) "Theft detection device" means any tag or other device that is used to prevent or detect theft and that is attached to merchandise held for resale by a merchant or to property of a merchant.

(as) "Theft detection device remover" means any tool or device used, designed for use or primarily intended for use in removing a theft detection device from merchandise held for resale by a merchant or property of a merchant.

(at) "Theft detection shielding device" means any laminated or coated bag or device designed to shield merchandise held for resale by a merchant or property of a merchant from being detected by an electronic or magnetic theft alarm sensor.

(b) "Value of merchandise" means:

1. For property of the merchant, the value of the property; or

2. For merchandise held for resale, the merchant’s stated price of the merchandise or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the merchant’s stated price, the difference between the merchant’s stated price of the merchandise and the altered price.

(1m) A person may be penalized as provided in sub. (4) if he or she does any of the following without the merchant’s consent and with intent to deprive the merchant permanently of possession or the full purchase price of the merchandise or property:

(a) Intentionally alters indicia of price or value of merchandise held for resale by a merchant or property of a merchant.

(b) Intentionally takes and carries away merchandise held for resale by a merchant or property of a merchant.

(c) Intentionally transfers merchandise held for resale by a merchant or property of a merchant.

(d) Intentionally conceals merchandise held for resale by a merchant or property of a merchant.

(e) Intentionally retains possession of merchandise held for resale by a merchant or property of a merchant.

(f) While anywhere in the merchant’s store, intentionally removes a theft detection device from merchandise held for resale by a merchant or property of a merchant.

(g) Uses, or possesses with intent to use, a theft detection shielding device to shield merchandise held for resale by a merchant or property of merchant from being detected by an electronic or magnetic theft alarm sensor.

(h) Uses, or possesses with intent to use, a theft detection device remover to remove a theft detection device from merchandise held for resale by a merchant or property of a merchant.

(3) A merchant, a merchant’s adult employee or a merchant’s security agent who has reasonable 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 peace officer, or to his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. The merchant, merchant’s adult employee or merchant’s security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any merchant, merchant’s adult employee or merchant’s security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts.

(3m) (a) In any action or proceeding for violation of this section, duly identified and authenticated photographs of merchandise which was the subject of the violation may be used as evidence in lieu of producing the merchandise.

(b) A merchant or merchant’s adult employee is privileged to defend property as prescribed in s. 939.49 Wis. Stats.

(4) Whoever violates this section is subject to a forfeiture of not more than $300.00 and in lieu of payment thereof imprisoned for a period of not more than ninety (90) days in the county jail.

(5) In addition to the other penalties provided for violation of this section, a judge may order a violator to make restitution as set forth in section 943.50 (5), Wis. Stats.

Index for this Chapter

24.23 GAMBLING.

(1) Definitions relating to gambling:

(a) Bet. A bet is a bargain in which the parties agree that, dependent upon chance even though accompanied by some skill, one stands to win or lose something of value specified in the agreement. But a bet does not include:

1. Bona fide business transactions which are valid under the law of contracts including without limitations:

a. Contracts for the purchase or sale at a future date of securities or other commodities.

b. Agreements to compensate for loss caused by the happening of the chance including without limitation contracts of indemnity or guaranty and life or health and accident insurance.

2. Offers of purses, prizes or premiums to the actual contestants in any bona fide contest for the determination of skill, speed, strength, or endurance or to the bona fide owners of animals or vehicles entered in such contest.

3. A lottery as defined in this section.

(b) Lottery. A lottery is an enterprise wherein for a consideration the participants are given an opportunity to win a prize, the award of which is determined by chance, even though accompanied by some skill.

1. "Consideration" in this subsection means anything which is a commercial or financial advantage to the promoter or a disadvantage to any participant but does not include any advantage to the promoter or disadvantage to any participant caused when any participant learns from newspapers, magazines and other periodicals, radio or television where to send his name and address to the promoter.

a. In any game, drawing, contest, sweepstakes or other promotion, none of the following shall constitute consideration under this subsection:

- To listen to or watch a television or radio program.
- To fill out a coupon or entry blank which is received through the mail or published in a newspaper or magazine if facsimiles thereof are acceptable.
- To furnish proof of purchase if the proof required does not consist of more than the container of any product as packaged by the manufacturer, or a part thereof, or a facsimile of either.
- To send the coupon or entry blank and proof of purchase by mail to a designated address.
- To fill out a coupon or entry blank obtained and deposited on the premises of a bona fide trade fair or trade show defined as an exhibition by five or more competitors of goods, wares, or merchandise at a location other than a retail establishment or shopping center or other place where goods and services are customarily sold; but if an admission fee is charged to such exhibition all facilities for obtaining and depositing coupons or entry blanks shall be outside the area for which an admission fee is required.

(c) Gambling Machine. A gambling machine is a contrivance which for a consideration affords the player an opportunity to obtain something of value, the award of which is determined by chance, even though accompanied by some skill and whether or not the prize is automatically paid by the machine.

(d) Gambling Place.

1. A gambling place is any building or tent, any vehicle (whether self-propelled or not) or any room within any of them, one of whose principal uses is any of the following: making and settling bets, receiving, holding, recording or forwarding bets or offers to bet, conducting lotteries, or playing gambling machines.

2. Evidence that the place has a general reputation as a gambling place or that, at or about the time in question, it was frequently visited by persons known to be professional gamblers or known as frequenters of gambling places is admissible on the issue of whether it is a gambling place.

3. Any gambling place is a public nuisance and may be proceeded against under chapter 823.20 of the Wisconsin statutes.

(e) Bookmaking. "Bookmaking" means the receiving, recording or forwarding of a bet or offer to bet on any contest of skill, speed, strength, or endurance of man or beast.

(f) Wire Communication Facility. "Wire communication facility" means any and all instrumentalities, personnel and services, and among other things the receipt, forwarding, or delivery of communications used or useful in the transmission of writings, signs, pictures, and sounds of all kinds by means of wire, cable, microwave or other like connection between the points of origin and reception of such transmission.

(2) Gambling. Whoever does any of the following is subject to a forfeiture of not more than $200.00 and in lieu of payment assessed imprisonment for not more than sixty (60) days:

(a) Makes a bet.

(b) Enters or remains in a gambling place with intent to make a bet, to participate in a lottery, or to play a gambling machine.

(c) Conducts a lottery, or with intent to conduct a lottery, possesses facilities to do so.

(3) Commercial Gambling. Whoever intentionally does any of the following is subject to a forfeiture of not more than $200.00 and in lieu of payment assessed imprisonment for not more than sixty (60) days:

(a) Participates in the earnings of or for gain operates or permits the operation of a gambling place.

(b) For gain, receives, records, or forwards a bet or offer to bet or, with intent to receive, record, or forward a bet or offer to bet, possesses facilities to do so.

(c) For gain, becomes a custodian of anything of value bet or offered to be bet.

(d) Conducts a lottery where both the consideration and the prize are money, or with intent to conduct such a lottery, possesses facilities to do so.

(e) Sets up for use for the purpose of gambling or collects the proceeds of any gambling machine.

(f) For gain, maintains in this state any record, paraphernalia, tickets, certificates, bills, slip, token, paper, writing or other device used, or to be used, or adapted, devised or designed for use in gambling.

(g) For gain, uses a wire communication facility for the transmission or receipt of information assisting in the placing of a bet or offer to bet or any sporting event or contest or for the transmission of a wire communication which entitles the recipient to receive money or credit as a result of a bet or offer to bet.

(4) Permitting premises to be used for commercial gambling. Whoever intentionally does any of the following is subject to a forfeiture of not more than $200.00 and in lieu of payment assessed imprisonment for not more than sixty (60) days.

(a) Permits any real estate owned or occupied by him/her or under his/her control to be used as a gambling place.

(b) Permits a gambling machine to be set up for use for the purpose of gambling in a place under his/her control.

Index for this Chapter

24.24 SWIMMING, WATER SKIING, OR BOATING IN VICINITY OF MUNICIPAL BOAT LANDING DOCK. Whoever swims, water skis or operates a power-driven boat with a water skier in tow in the Wisconsin River within a radius of two hundred (200) feet from the municipal boat landing dock located in the Bukolt Park complex is subject to a forfeiture not to exceed $100.00 or in lieu of payment assessed imprisonment for a period not to exceed thirty (30) days in the county jail.

Index for this Chapter

24.25 CURFEW FOR MINORS SIXTEEN YEARS OF AGE AND UNDER.

(1) Definitions. In this section:

(a) "Curfew hours" means:

1. Between the hours of 11:00 p.m. until 5:00 a.m. the following day, each day of the week.

(b) "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, a vehicle accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

(c) "Parent", "guardian" and "adult" have the meanings given in section 938.02(13), (8) and (1), Wisconsin statutes, respectively.

(2) Loitering of Minors. No person under the age of 17 years may congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, places of employment, vacant lots or any public places in the city either on foot or in or upon any conveyance being driven or parked thereon, during curfew hours.

(3) Responsibility of Parents. No parent, guardian or other adult person having the care and custody of a person under the age of 17 years may knowingly permit or, by inefficient control, allow such person to congregate, loiter, wander, stroll, stand or play in or upon the public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, places of employment, vacant lots or any public places in the city either on foot or in or upon any conveyance being driven or parked thereon, during curfew hours. The term "knowingly" includes knowledge that a parent, guardian or other adult person herein should reasonably be expected to have concerning the whereabouts of a juvenile in such person's custody. This requirement is intended to hold a neglectfiil or careless parent, guardian or other adult person herein up to a reasonable community standard of responsibility through an objective test. It shall, therefore, be no defense that a parent, guardian or other adult person herein was completely indifferent to the activities or conduct or whereabouts of such juvenile. Any parent, guardian or other adult person herein who shall have made a missing person notification on the minor to the police department shall not be considered to have knowingly permitted such minor to be in violation of this section.

(4) Defense. It is a defense to prosecution under subsection (2) or (3) if one or more of the following apply:

(a) the minor is accompanied by his or her parent, guardian or other adult person having his or her care, custody or control;

(b) the minor is on an errand for his or her parent.

(c) the minor is in a public place because of an emergency;

(d) the minor is engaged in employment or employment-related activities, or going to or returning home from an employment activity, without any detour or stop;

(e) the minor is attending a school, religious or civic organizational activity that is supervised by adults who take responsibility for the minor, or going to or returning home from such activity, without any detour or stop;

(f) the minor is exercising rights or activities under the First Amendment of the United States Constitution or the counterpart in Article I of the Wisconsin Constitution;

(g) the minor is or has been married or is an emancipated minor;

(h) the minor is on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;

(i) the minor is engaged in interstate travel;

(5) Responsibility of Operators. No person, firm or corporation operating places of amusement or entertainment, or any agent, servant or employee of any person, firm or corporation may permit any person under the age of 17 years to enter or remain in such places of amusement or entertainment during curfew hours, unless such person is accompanied by his or her parent, guardian or other adult person having his or her care, custody or control.

(6) Responsibility of Hotels, etc. No person, firm or corporation operating a hotel, motel, lodging or rooming house, or any agent, servant or employee of such person, firm or corporation may permit any person under the age of 17 years to visit, loiter, idle, wander or stroll in any portion of such hotel, motel, lodging or rooming house during curfew hours, unless such person is accompanied by his or her parent, guardian or other adult person having his or her care, custody or control.

(7) Defense. It is a defense to prosecution under subsection (5) or (6) if the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

(8) Penalties.

(a) Any person violating subsection (2) is subject to a forfeiture not to exceed $50.00, and such person may be issued a citation or be referred to juvenile intake under the provisions of Chapter 938 of the Wisconsin Statutes.

(b) Any person violating subsection (3) is for a first offense subject to a forfeiture not to exceed $50.00 and, for a second or subsequent offense, subject to a forfeiture not to exceed $100.00 and in lieu of payment thereof imprisoned for not more than thirty (30) days in the county jail.

(c) Anyone violating subsection (5) or (6) is subject to a forfeiture not to exceed $100.00 and in lieu of payment thereof imprisoned for not more than thirty (30) days in the county jail.

(d) The parent, guardian or other adult person having the care and custody of a person under the age of 17 years subject to this section shall be liable for all costs incurred by the city for providing personnel to remain in the company of a juvenile who has been detained as a curfew violator if the parent, guardian or other adult person herein does not pick up the juvenile within one hour after receiving notice from the city that the city is detaining the juvenile for a curfew violation. The amount to be paid by the parent, guardian or other adult person herein shall be based on the hourly wage of the city employee who is assigned to remain with the juvenile plus the cost of benefits for that employee. This paragraph is applicable whether or not a warning is issued under paragraph (a) or whether or not a forfeiture is imposed under paragraph (b) and/or (c).

Index for this Chapter

24.26 JURISDICTION OF CITY OVER OFFENSES. A person is subject to prosecution and punishment under the ordinance of this city if he/she commits an offense, any of the constituent elements of which takes place within the City of Stevens Point, Portage County, Wisconsin.

Index for this Chapter

24.27 CITY ORDINANCE CITATIONS AND BOND SCHEDULE.

(1) Citations. As authorized by Section 66.0113 of the Wisconsin Statutes, the use of a citation is authorized to be issued for violations of ordinances of the city of Stevens Point. The form of the citation shall be in substantial conformance with the format as it appears in Exhibit A attached.

(2) Authorized Representatives Receiving Cash Deposits. The Portage County Clerk of Courts and the Stevens Point Chief of Police, and their authorized representatives, shall be authorized to receive cash deposits. The person receiving such deposit shall give a receipt therefor.

(3) Persons Authorized to Issue Citations.

(a) Law enforcement officers of the City of Stevens Point.

(b) Restricted to the issuance of citations for those violations listed in the deposit schedule and which are directed related to their specific responsibilities:

1. Humane officers of the City of Stevens Point.
2. Parks & Recreation Director of the City of Stevens Point and his/her authorized representatives.
3. Building, electrical, heating, ventilation, housing, plumbing, and street inspectors of the City of Stevens Point and their authorized representatives.
4. Director of public works of the City of Stevens Point and his/her authorized representatives.
5. Fire Chief of the City of Stevens Point and his/her authorized representatives.

(4) Unauthorized disposition of citations. Any person who, with intent, solicits or aids in the disposition or attempted disposition of a citation in any unauthorized manner shall be in contempt of the court having original jurisdiction of said cause of action.

(5) The basic amount of the deposit for the alleged violation shall be in accordance with Exhibit A attached.

Index for this Chapter

24.28 MASSAGE PARLOR REGULATIONS. It shall be unlawful for any person, corporation, or other legal entity to suffer, cause, or permit the operation of a massage establishment, or for a person to operate as a massage technician, agent, manager, or employee, except in strict compliance with this section.

(1) Definitions. For the purposes of this chapter:

(a) "Manager" means the operator or an agent licensed under this section, who shall not be licensed as a massage technician.

(b) "Massage" means where a consideration passes, any process or procedure consisting of rubbing, stroking, kneading, or tapping, by physical or mechanical means, upon external parts or tissues of the body of another; and for purposes of this chapter shall include: wrestling, dancing, body painting and/or removal of such paint from a body, and manicuring, where one or both of the participants expose one or more sexual or genital parts.

(c) "Massage establishment" means a place of business wherein massage is practiced, used, or made available, or where sex education or sex counseling is carried on by any sex educators or counselors while one or more of the persons present at the counseling session are nude, or where wrestling, dancing, manicuring or similar activities are conducted or permitted while one or more persons expose one or more sexual or genital parts.

(d) "Massage room" means the area where private massage, wrestling, dancing, sex educating, manicuring, body painting, or removal of body paint is performed.

(e) "Massage technician" means a person who, for a consideration, practices, administers, or engages in wrestling, dancing, manicuring, sex counseling, sex educating or massage, whether or not such persons hold a valid license under this section.

(f) "Operator" means any person, association, firm, partnership, or corporation licensed by the city to operate a massage establishment.

(g) "Patron" means any person who receives a massage or participates in sex counseling or education sessions, wrestles, manicures, dances, body paints or removes body paint under such circumstances that it is reasonably expected that money or other consideration will pass between the patron and the manager, operator, owner, or massage technician.

(h) "Sexual or genital parts" shall include the genital, pubic areas, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.

(i) "Waiting area" means an area adjacent to the main entrance that is separate from any area where massages are given.

(2) Massage Establishment License.

(a) No person, corporation, or other legal entity shall suffer, cause, or permit the conduct of a massage establishment without having first obtained a license therefor from the common council. A separate license shall be acquired for each such establishment.

(b) No license shall be granted for any establishment, the main entrance to which is within seventy-five (75) feet of the main entrance to a residence or of the common entry hall to residences, nor for any room or rooms in any hotel or motel.

(c) Application shall be made in writing on forms supplied by the city clerk. If application is made for a location not previously licensed, the city clerk shall by regular mail notify all property owners and registered electors within two hundred fifty (250) feet of the proposed location at least ten (10) days before the hearing on the granting of such license.

(d) All applications shall include:

1. A nonrefundable fee of two hundred fifty dollars ($250.00).

2. The location and mailing address of the proposed establishment.

3. For an individual or for each person of a partnership or joint venture or agent of a corporation the name and present address; the two immediately previous addresses and dates of residence at each; height, weight, color of hair and eyes, social security number, written proof of age; full set of finger prints and two photographs not less than thirty (30) days old and at least two (2) inches by (2) inches; the business or occupation for the two years immediately preceding the date of application; whether a similar license had been revoked or suspended and, if so, the reason therefor and the location thereof; whether convicted of any crime or ordinance violation other than traffic offenses within the past three years and if so, listing of same and the locations thereof.

4. If the applicant is a corporation, the names and addresses of each officer and director and of the stockholders of such corporation, together with the extent of the ownership of each, and a statement whether such officer, director, or stockholder holds office or stock in any other corporation conducting a similar business in the state of Wisconsin. Such application shall be made by an agent registered as such who shall have been a resident of the city for at least ninety (90) days.

5. All phone numbers of the proposed establishment.

6. Names, addresses, and phone numbers of all persons employed by the applicant at the proposed establishment at the time of application.

7. Certification of compliance of the proposed premises with the building code and fire code; or in the alternative applicant shall file a bond assuring that any work required to be done to bring the premises into compliance therewith shall be accomplished prior to the opening of business. Compliance with such codes and the standards contained herein for health and sanitary operation and the acquisition of a health permit shall be conditions precedent to the opening of business.

8. The application shall contain a statement signed by the applicant and each individual of a partnership or joint venture that all information contained therein is true and correct.

(e) The issuance of this license shall allow for the licensing of up to three additional managers for each establishment.

(3) Massage Technician's and Manager's License.

(a) No person shall act or operate for a consideration as a massage technician or manager without having first obtained a permit to do so.
(b) Applications for permits shall be in writing on forms supplied by the city clerk and shall include:

1. A nonrefundable fee of fifty dollars ($50.00).
2. Applicant's full name and present address, social security number, written proof of age in excess of eighteen years, height, weight, color of hair and eyes, full set of fingerprints and two photographs not less than thirty (30) days old, and at least two inches by two inches.
3. Applicant's two previous addresses and dates of residence at each.
4. The applicant's business, occupation, or employment during the two years immediately preceding date of application.
5. Whether the applicant has had a similar permit revoked or suspended and, if so, the reason therefor and the location thereof.
6. Whether the applicant has been convicted of any crime or ordinance violation other than traffic offenses within the past three years and, if so, a listing of the same and the locations thereof.
7. For technicians only, a certificate from a licensed physician that the applicant has been examined and found to be free of communicable diseases and showing that such examination occurred less than thirty (30) days prior to the date of application.
8. The name and address of the licensed massage establishment by which the applicant is employed.
9. A statement signed by the applicant that all information contained therein is true and correct.

(4) Regulations of Operations and Licenses

(a) Each establishment shall at all times maintain and comply with the following general regulations:

1. The establishment shall comply with all city codes.

2. Only one nonflashing business sign clearly identifying the establishment as a massage establishment shall be posted at the main entrance. No description of services, written or pictorial, shall be permitted on such sign, the square footage of which shall not exceed that permitted in the zoning district in which the establishment is located, or eighteen (18) feet, whichever is less.

3. No establishment shall be open for business between the hours of 10:00 p.m. and 8:00 a.m.

4. Only massage technicians licensed pursuant to this chapter shall be employed as massage technicians by the establishment.

5. The practice of all massage technicians employed by the establishment shall be limited to the licensed premises.

6. No person under the age of eighteen (18) years shall be permitted on the premises.

7. No alcoholic beverages shall be permitted in the licensed establishment. Food shall be permitted in the licensed premises, but shall be permitted only when there is no charge therefor and when a food preparation area, including sink with hot and cold running water is a part of the establishment.

8. The establishment shall provide a waiting area for patrons separate from any area wherein massages are given. There shall be direct access to this area from the main entrance or from the hallway connected only to the main entrance.

9. The operator or a licensed manager shall be present on the premises at all times during hours of operation and shall be responsible for the operation of the establishment.
10. The establishment shall permit inspections of the premises at any time during business hours by building inspectors, fire inspectors, health inspectors, or personnel of any law enforcement agency.
11. The establishment shall keep current records of the names and addresses of its massage technicians, agents, managers, and employees and the date of employment and termination of each. Such records shall be open to inspection by any of the personnel listed in paragraph j. above.
12. The establishment shall report any change of fact required on the application form and all personnel changes to the city clerk within ten (10) days after such change.
13. The establishment shall maintain a system of giving paper receipts to all patrons. The receipt shall bear on its face the name, address, and telephone number of the patron, and the time and date of issuance. The name of the massage technician(s) who administers to the patron shall appear on the original of the receipt in the technician's own handwriting. No less than once each month an employee of the county health department shall inspect the original receipts. Only health department personnel shall make such inspections. The information therein contained shall be confidential. In the event the health department employee believes one or more patrons should be advised of any fact arising out of the patron's patronage of the massage parlor, the contact shall be in a discreet and private manner in order to protect the privacy of the patron. No other public official shall have access to or be provided with any information on the patron receipt without a specific authorization by resolution adopted by the common council, or by order of a court of competent jurisdiction.
14. The establishment shall be equipped with security deposit facilities capable of being locked by the patron. Sufficient safety deposit facilities shall be furnished so that each patron will have a separate compartment available for storage of clothing and valuables.
15. Every massage establishment shall have a minimum of one shower, one toilet, and one washbasin.
16. If male and female patrons are to be served simultaneously, such massage rooms, dressing facilities, toilet facilities, steam rooms, and sauna rooms as are provided shall be separate for male and female patrons and each such separate facility or room shall be clearly marked as such.
17. Rooms in which massage is to be practiced or administered shall have at least fifty (50) square feet of clear floor area, and shall maintain a light level of no less than forty (40) foot candles as measured at three (3) feet above the floor. Lighting in colors other than white shall be prohibited. Such rooms shall be equipped with cabinets for the storage of clean linen and chemicals and approved receptacles for the storage of soiled linen. Such rooms shall contain a door incapable of being locked from the exterior or interior. Such door shall contain a transparent window pane no less than twelve (12) inches wide and twelve (12) inches long, such that an unobstructed view of the room is provided from a hallway or other common access area which is immediately adjacent to the room.

18. No stuffed or upholstered furniture or beds and mattresses shall be permitted in rooms in which massage is to be practiced or administered. Such rooms shall be equipped with massage tables having a hard surface impervious to liquids with a width of no more than three feet and a length of no more than eight feet. The surface of such tables shall be positioned at least two (2) feet from the surface of the floor so as to allow for free access to the floor beneath. Such tables may be equipped with either nondisposable pads or coverings or disposable coverings not more than two and one-half inches thick. Nondisposable pads or coverings shall be removable, impervious, and cleanable.

19. Massage establishments and massage technicians therein shall prominently and publicly display on the premises their licenses and permits during all hours of operation.

20. Massage establishments shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Clean towels, coverings, and linens shall be stored in cabinets. Towels and linens shall not be used on more than one patron unless they have first been laundered and disinfected. Disposable coverings and towels shall not be used on more than one patron. Soiled linens and paper towels shall be deposited in approved receptacles.

21. Instruments utilized in performing massage shall not be used on more than one patron unless they have been first sterilized, using disinfecting agents or sterilizing equipment approved by the health commission. Massage table pads and reusable table coverings shall be disinfected between each massage with approved chemicals. Chemicals used during massage shall be stored separately in containers clearly labeled as to contents. All chemical containers shall be stored in cabinets reserved solely for such purpose.

(b) Each technician shall at all times comply with the following regulations:

1. The technician shall practice only on the premises of a licensed massage establishment.

2. The technician shall massage only patrons over the age of eighteen(18) years.

3. No technician shall administer a massage if said technician believes, knows, or should know that he or she is not free of any contagious or communicable disease or infection.

4. The technician shall report any change of fact required in the application form to the city clerk within ten (10) days after such change.

5. It shall be unlawful for any person in a massage parlor to place his or her hand or hands upon, to touch with any part of his or her body, to fondle in any manner, or to massage a sexual or genital part of any other person or to offer to do any of the acts described in this paragraph.

6. It shall be unlawful for any person in a massage parlor to expose his or her sexual or genital parts, or any portion thereof, to any other person. It shall also be unlawful for any person in a massage parlor to expose the sexual or genital parts, or any portion thereof, of any other person or to offer to do any of the acts described in this paragraph.

7. It shall be unlawful for any person while in the presence of any other person in a massage parlor, to fail to conceal with a fully opaque covering the sexual or genital parts of his or her body, or to offer to do any of the acts described in this paragraph.

8. It shall be unlawful for any person owning, operating, or managing a massage parlor, knowingly to cause, allow, or permit in or about such massage parlor any agent, employee, or any other person under his/her control or supervision to perform such acts prohibited in subsections 5, 6, and 7 of this section or to offer to hire or permit any person to do any of the acts described in this paragraph.

(5) Revocation or Suspension of License.

(a) Grounds. The license granted herein may be revoked or suspended for up to six months by the common council:

1. If the applicant has made or recorded any statement required by this chapter knowing it to be false or fraudulent or intentionally deceptive.
2. For the violation of any provisions of this section, except for establishment license matters involving violations of city codes in which case the license shall be revoked after the second conviction thereat in any license year.
3. If a technicians or manager's license, after one conviction of any offense under chapter 944 of the Wisconsin statutes or of an offense involving substances included in chapter 961 of the Wisconsin statutes, or of an offense against the person or property of a patron, whether such occurred on or off the premises of the establishment.
4. If an establishment license, after one conviction of any establishment personnel of an offense under chapter 944 of the statutes, or of an offense against the person or property of a patron or of an offense involving substances in chapter 961 of the statutes, where there is shown the participation or knowledge of any other establishment personnel or of any individual within the business structure of the applicant.

(b) Notice and hearing: No license shall be revoked or suspended by the common council except upon due notice and a hearing to determine whether grounds for such action exist. The notice shall be in writing and shall state the grounds of the complaint against the licensee.

The notice shall be served upon the licensee at least fifteen (15) days prior to the date of the hearing and shall state the time and place thereof. The licensee shall be entitled to be heard, to be represented, to cross-examine opposing witnesses, and to present witnesses in his or her own behalf under the subpoena of the common council, if such is required. The hearing shall be stenographically recorded and a copy of the transcript shall be available to the licensee at the expense of the licensee. The common council shall decide the matter and shall prepare a written decision which shall be filed with the city clerk and a copy thereof mailed to the licensee within twenty (20) days after the hearing.

(6) Exceptions. This chapter shall not apply to the following classes of individuals while engaged in the duties of their respective professions:

(a) Physicians, surgeons, chiropractors, osteopaths, masseurs, or physical therapists licensed or registered to practice their respective professions under the laws of the State of Wisconsin or nurses registered under the laws of the State of Wisconsin acting under their direction and control.

(b) Barber shops and beauty parlors, barbers and beauticians licensed under the laws of the State of Wisconsin provided that such massage as is practiced is limited to the head and scalp.

(c) Accredited high schools and colleges and coaches and trainers therein while acting within the scope of their employment.

(d) Employees of those organizations which are exempt from real estate taxation pursuant to section 70.11 of the statutes, who administer massages upon such exempt premises as a duty assigned such employee by the employer.

(e) A natural person who is the sole owner of an unincorporated massage establishment and personally acts as the operator, manager, massage technician, receptionist, laundry and stock clerk and who personally performs all janitorial services that are performed during the time a customer is upon the premises shall be exempt from the specific foregoing clauses enumerated as: 24.28(2)(b), (d)1, 24.28(3), 24.28(5) except for (b) 5 through 8.

Further, any such natural person shall, instead of the fee set out in 24.28(2)(d)1, pay an annual fee of twenty-five ($25) dollars and be exempt from any other fee or license required by this chapter.

(7) Operation without a License a Public Nuisance. The operation of a massage establishment without a license or the activity of an individual as a massage technician without a license is deemed a public nuisance and may be enjoined by the city.

(8) Penalty. Whoever violates this section is subject to a forfeiture of not less than $500.00 and in lieu of payment thereof imprisoned for a period of not more than one hundred twenty (120) days in the county jail. Each day of violation shall constitute a separate offense.

(9) Severability. The provisions of any part of the ordinance codified in this chapter are severable. If any provisions of subsection hereof or the application thereof to any person or circumstance is held invalid, the other provisions, subsections, and applications of such ordinance to other persons shall not be affected thereby. It is declared to be the intent of the ordinance codified in this chapter that the same would have been adopted had such invalid provisions, if any, not be included herein.

Index for this Chapter

24.29 PORNOGRAPHIC MATERIAL OR PERFORMANCES.

(1) Definitions.

(a) "Distribute"shall mean to transfer possession of, with or without consideration.

(b) "Material" shall mean any printed matter, visual representation, or sound recording, and includes, but is not limited to books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, drawings, sculptures, and tape or wire recordings.

(c) "Nudity" shall mean uncovered, or less than opaquely covered, post-pubertal human genitals, public areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purpose of this definition, a female breast is considered uncovered if the nipple only or the nipple and the areola only are covered.

(d) "Performance" shall mean any play, motion picture film, dance, or other exhibition