1717 East Park Street, Two Rivers WI 54241 (920) 793-5523

 

Title 9: Offences and Nuisances

 

Chapter 1: State Statutes Adopted

 

Sec. 9-1-1 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 municipality provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under the general penalty provisions of this Municipal Code.

167.10 Fireworks Regulated
175.25 Illegal Storage of Junked Vehicles
287.81 Littering
939.32 Attempt (to commit a felony or battery)
939.05 Parties to Crime
939.22 Words and Phrases Defined
940.42 Intimidation of Witness
941.12(2) & 941.12(3) Interfering With or Failing to Assist in Fire Fighting
941.13 False Alarms and Interference with Fire Fighting
941.20(1) Reckless Use of Weapon
941.23 Carrying Concealed Weapon
941.235 Carrying a Firearm in a Public Building
941.24 Possession of Switch Blade Knife
943.01(1) Criminal Damage to Property
943.06 Molotov Cocktails
943.13 Criminal Trespass to Land
943.14 Criminal Trespass to Dwellings
943.20 Theft
943.34 Receiving Stolen Property
943.50 Retail Theft
943.70 Computer Crimes
944.20 Lewd and Lascivious Behavior
944.21 Lewd, Obscene or Indecent Matter, Pictures and Performances
944.23 Making Lewd, Obscene or Indecent Drawings
944.30 Prostitution
944.31 Patronizing Prostitutes
944.33 Pandering
945.01 Definitions Relating to Gambling
945.02 Gambling
945.04 Permitted Premises to be Used for Commercial Gambling
946.40 Refusing to Aid Officer
946.41 Resisting or Obstructing Officer
946.42 Escape
946.70 Personating Peace Officer
946.72(2) Tampering with Public Records and Notices
947.01 Disorderly Conduct
947.012 Unlawful Use of Telephone
947.013 Harassment
947.015 Bomb Scares
947.0125 Unlawful Use of Computerized Communication Systems
947.06 Unlawful Assemblies
951.01 - 951.18 Crimes Against Animals

Sec. 9-1-2 Offenses Against State Laws Regarding Sale To And Use And Possession of Tobacco Products By Persons Under 18 Years of Age

(a) The provisions of Section 938.983, Wis. Stats., relating to purchase or possession of tobacco products by persons under 18 years of age, are hereby adopted by reference.

(b) The provisions of Section 134.66, Wis. Stats., relating to sale or gift of cigarettes or tobacco products to person under 18 years of age, are hereby adopted by reference.

(c) Any person violating the terms of this ordinance shall be subject to a forfeiture of between $50.00 and $200.00, except as provided otherwise herein. If the person violating this ordinance has committed a previous violation within twelve months, the forfeiture shall be not less than $200.00 nor more than $500.00. Pursuant to Wisconsin Statutes Sec. 134.66(4), upon determining that a violation has occurred, the Municipal Court shall suspend any tobacco license or permit issued by the City to the violator as follows:

(d) Future amendments, revisions or modifications to the foregoing statutes are also adopted by reference.

Sec. 9-1-3 Smoking Prohibited

(a) DEFINITIONS. As used herein, to "smoke" means to carry a lighted cigar, cigarette, pipe, or any other lighted smoking equipment. The term "smokeless tobacco" means any tobacco which is used by means other than smoking.

(b) SMOKING PROHIBITED IN ENCLOSED SPACES. The City of Two Rivers hereby adopts and incorporates by reference Section 101.123 of the Wisconsin Statutes, as amended from time to time, prohibiting smoking in enclosed places.

(c) SMOKING ON SCHOOL PROPERTY PROHIBITED. No person may smoke or use smokeless tobacco on any property owned or rented by, or under the control of, the Two Rivers Public School District, except that the school board may allow the use of tobacco products on premises owned by the school district and rented to another person for non-educational purposes. The City of Two Rivers hereby adopts and incorporates by reference Section 120.12(20) of the Wisconsin Statutes, as amended from time to time, prohibiting tobacco on school property.

(d) CARELESS SMOKING PROHIBITED. Any person who, by smoking or attempting to light or to smoke cigarettes, cigars, pipes, tobacco, or any other product in any manner, shall through carelessness, recklessness or negligence set fire to any building or contents thereof so as to endanger life or property in any way or to any extent, shall be guilty of a violation of this section.

(e) Any person violating the terms of this ordinance shall be subject to a forfeiture of between $50.00 and $200.00, except as provided otherwise herein.

Chapter 2: Offenses Against Public Safety

 

Sec. 9-2-1 Discharging or Carrying Firearms and Guns Prohibited

(a) Except as otherwise stated in this Ordinance, no person shall fire or discharge any firearm, rifle, spring or air gun in the City.

(b) No person shall discharge any firearm in the territory adjacent to the City in such manner that the discharge shall enter or fall within the City.

(c) This ordinance shall not apply to a sheriff, police officer or their deputies acting in the scope of their duties and employment, or to such individuals when carrying firearms during off-duty hours, in accordance with State Statutes.

(d) This ordinance shall not apply to wildlife management activities authorized by action of the City Council.

(e) The Chief of Police may grant a permit to discharge any firearm or rifle to any adult resident of the City or person or entity under contract with the City in connection with pest or wildlife extermination under controlled conditions, for a period of not more than thirty (30) days, or as authorized by the City Council.

(f) No person except a peace officer may go armed with a concealed or dangerous weapon except as provided in Wis. Stats. 175.60

(g) FIREARMS IN PUBLIC BUILDINGS AND CITY VEHICLES

(h) No person except a peace officer may go armed with a firearm or dangerous weapon in any city owned motor vehicle as defined in Wis. Stats. Section 340.01(35). Nothing in this subsection shall be construed to prohibit a peace officer or armed forces or military personnel armed in the line of duty or any person duly authorized by the Chief of Police of any city, village or town, or the sheriff of any county to possess a firearm in any motor vehicle. Notwithstanding Wis. Stats. Section 939.22(22), for the purpose of this paragraph, peace officer does not include a commissioned warden who is not a State certified commissioned warden.

(i) Any person violating this ordinance shall be subject to a forfeiture of not less than $25.00 nor more than $500.00, unless such forfeiture exceeds the amount allowed to be imposed by the City under state law, in which case the forfeiture shall be that amount listed above.

(j) If any provision of this ordinance or its application to any person or circumstances be held invalid by any court having jurisdiction, that invalidity shall not effect other provisions or applications of this ordinance that can be given effect without the invalid provision or application.

Sec. 9-2-2 Throwing or Shooting of Arrows, Stones and Other Missiles Prohibited

(a) No person shall throw or shoot any object, stone, snowball or other missile or projectile by hand or by any other means at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground, or other public place within the City or on or onto the property of another without the consent of the owner of said property.

(b) No person shall shoot an arrow from a bow or shoot a bolt from a crossbow anywhere within the City limits, except as otherwise provided herein.

(c) Hunters may discharge bows or crossbows during bow and/or crossbow hunting seasons as established by the State of Wisconsin.

(d) Individuals may engage in target shooting with bows and crossbows, subject to the following conditions:

(e) Provided, however, that the following apply to the exceptions noted in (c) and (d) above:

(f) The City's Recreation Department may, under proper supervision, conduct programs which would otherwise violate this Section.

(g) The City Council may by Resolution permit the use of bows and arrows in City Parks and on property owned or leased by the City for the purpose of removal of deer from the City. Such resolution may include such conditions and restrictions as the Council deems necessary to protect the health, safety and welfare of the general public, and residents and property owners of the City. Use of bows and arrows pursuant to such resolution shall remain subject to all applicable state laws and regulations. Any such Resolution may be repealed, modified or superseded by subsequent Resolution of the Council.

Sec. 9-2-3 Obstructing Streets and Sidewalks Prohibited

  No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, bridge or public ground within the City in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place.

Sec. 9-2-4 Loitering 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 or peace 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.

Sec. 9-2-5 Loud and Unnecessary Noises Prohibited

(a) LOUD AND UNNECESSARY NOISE PROHIBITED. It shall be unlawful for any person to make, continue or cause to be made or continued any loud and unnecessary noise.

(b) TYPES OF LOUD AND UNNECESSARY NOISES. The following acts are declared to be loud, disturbing and unnecessary noises in violation of this Section, but this enumeration shall not be deemed to be exclusive:

(c) NOISE LIMITS.

(d) OPERATION OF CERTAIN EQUIPMENT. Lawn mowers, chain saws, powered garden equipment, electric insect killing/repelling devices, and other non-construction maintenance equipment shall be operated only during the hours between 7:00 AM and 9:00 PM unless within the specified noise levels measured at the property line of the location at which said equipment is in use.

(e) EXEMPTIONS. Operation of emergency equipment shall be exempt from this Chapter. Emergency equipment shall include government-owned or contracted vehicles, machinery and equipment used to provide emergency medical (ambulance), police, fire and snow and ice control services. Privately-owned vehicles, machinery and equipment used for snow and ice control and removal on private property shall also be exempt from the provisions of this Chapter, provided such vehicle, machinery or equipment is not determined to be emitting excessive noise due to lack of repair or maintenance The City Manager or his/her designee may also grant temporary exemptions to the provisions of this chapter when such exemptions are deemed to be in the public interest.

(f) METHODS OF MEASURING NOISE

(g) CONTROL OF NIGHTTIME NOISE EMITTED FROM RESIDENTIAL AIR CONDITIONERS

(h) APPEALS The City Manager may grant an exemption to individuals proving evidence of substantial hardship. Evidence that reasonable technological attempts have been made to correct the problem shall be considered grounds for granting an exemption to this Chapter for existing industries.

Sec. 9-2-6 Prohibited Conduct on Bridges

(a) LOITERING OR DEFACING PROHIBITED. No person shall stand, sit or loiter on any bridge or on its abutments or railings, nor shall any person deface any part of a bridge or its abutments or railings.

(b) SWIMMING FROM BRIDGES PROHIBITED. No person shall dive into or enter the water for the purpose of swimming from any bridge or any bridge pier, pile, approach or abutment within the City.

(c) FISHING RESTRICTED. No fishing is permitted off of bridges except where there is a public sidewalk, provided that pedestrian traffic shall not be restricted by such fishing activity.

Sec. 9-2-7 Disorderly Conduct with a Motor Vehicle

  No person shall on public, or private property located within the City by or through the use of a motor vehicle, motorcycle, snowmobile, or minibike, engage in conduct which, under the circumstances, tends to cause or to provoke a disturbance or annoy one ore more persons, or engage in violent, abusive, unreasonably loud, or otherwise disorderly conduct, including, but not limited to, the unnecessary, deliberate or intentional spinning of wheels, squealing of tires, revving the engine, blowing the horn, causing the engine to backfire, or causing the vehicle while commencing to move or in motion to raise one or more of its wheels above the ground.

  Whoever engages in conduct prohibited by this ordinance while in a public park of the City shall be subject to a forfeiture in the amount of $200.00 for each offense.

Sec. 9-2-8 Disorderly Conduct - Defecating or Urinating in Public Places

  It shall be unlawful for any person to defecate or to 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, stairways, or elevators of public or commercial buildings.

Sec. 9-2-9 Interference With Custody of Child

(a) Except as provided under Chapter 48 of the Wisconsin Statutes, it shall be unlawful for any person eighteen (18) years of age or over, to entice away, take away, withhold, or harbor any child under the age of eighteen (18) from the parents, without the consent of the parents unless custody has been granted by Court order to the person enticing, taking, withholding, or harboring the child.

(b) Any person violating this Section shall be subject to a forfeiture of not less than one hundred Dollars ($100.00) nor more than five hundred dollars ($500.00).

Sec. 9-2-10 Truancy and Habitual Truancy

(a) PROHIBITION OF TRUANCY. A person under 18 years of age is prohibited from being a truant.

(b) PROHIBITION OF HABITUAL TRUANCY. A person under 18 years of age is prohibited from being a habitual truant.

(c) CONTRIBUTE TO TRUANCY. Except as provided in subsection (1) of this section,any person 18 years of age or older who, by an act or violation, knowingly encourages or contributes to the truancy, as defined in Wis. Stat. & 118.16(1)(c), of a child is guilty of a violation of this section.

(d) REFERENCE TO STATUTES. References to specific statutory sections whenever used in this Ordinance shall mean the official Wisconsin Statues as of the time of enactment and passage of this Ordinance, as from time to time amended, modified, repealed or otherwise altered by the State Legislature.

(e) SEVERABILITY. If any section or part of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

Sec. 9-2-11 Curfew Hours for Minors

(a) DEFINITION. For the purposes of this section:

(b) Offenses:

(c) Defenses.

(d) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer has ascertained whether or not the apparent offender has been previously warned about violating the curfew ordinance and unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in (c) is present. Upon issuance of the first citation under this section, the law enforcement agency shall mail to the parent(s) or legal guardian of the minor a written notice advising the parent or legal guardian of the minor's arrest and also advising the parent or guardian that a second, or subsequent, violation will result in a citation being issued to the parent or guardian. Police officers may take into custody any minor who shall violate any provision of this chapter.

(e) Parental Responsibility. Subject to the exceptions set forth in (c) of this Chapter, it shall be unlawful for the parent or guardian of any person age 17 years or younger to knowingly or negligently by insufficient control to allow such minor to congregate, loiter, wander, or play in or upon any public place, between the hours of 11:00 P.M. and 5:00 A.M. of the following day, except on Friday nights and Saturday nights, when such restricted hours shall be from 12:00 A.M. to 5:00 A.M. The officer shall not issue a citation or make an arrest under this section unless the officer has ascertained that the minor is receiving his/her second citation, or subsequent citation, and a written notice of the minor's first citation had been mailed to the parent or guardian.

(f) Penalties:

(g) Severability. If any section or part of this ordinance is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby.

Sec. 9-2-12 Possession of Tetrahydrocannabinols

(a) No person may possess or attempt to possess tetrahydrocannabinols, commonly known as THC, in any form, including but not limited to tetrahydrocannabinols that are contained in marijuana, obtained from marijuana, obtained from marijuana, or chemically synthesized, or any controlled substance analog of tetrahydrocannabinols, unless the person obtains the substance or the analog directly from, or pursuant to a valid prescription or order of, a practitioner who is acting in the course of his or her profession practice, or unless the person is otherwise authorized by state statute to possess the substance or the analog.

(b) This ordinance applies only to persons who do no have a previous conviction for possession of tetrahydrocannabinols or for any other drug related offense, and only if the quantity of tetrahydrocannabinols is less than 8 grams at the time that it is weighed by law enforcement.

(c) A person who violates this ordinance is subject to a forfeiture of not less than$50 nor more than $1,000, and shall have their operating privileges suspended for not less than six (6) months nor more than five (5) years.

(d) A positive result for the presence of cannabinoids, using the police department's approved field test, shall be prima facie evidence of possession in this ordinance

Sec. 9-2-13 Possession of Drug Paraphernalia

(a) Drug Paraphernalia as used in this ordinance is defined as stated in Wisconsin Statutes Section 961.571, as revised or amended from time to time.

(b) 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, re-pack, store, contain, conceal, inject, ingest, inhale, or introduce into the human body, a controlled substance or controlled substance analog in violation of Wisconsin Statutes Chapter 961.

(c) This ordinance applies only to persons who do not have a previous conviction for possession of drug paraphernalia or any other drug related offense.

(d) All provisions of Wisconsin Statutes Sections 961.573(1) and (2), 961.50 and 938.344(2e), as revised or amended from time to time, are hereby incorporated by reference.

(e) A person who violates any provision of this ordinance is subject to a forfeiture of not less than $50 nor more than $500, and shall have their operating privileges suspended for not less than six (6) months nor more than five (5) years.

Sec. 9-2-14 Possession and Delivery of Synthetic Cannabinoids

(a) DEFINITIONS. For the purpose of this Section:

(b) OFFENSES. No person may possess, attempt to possess, possess with the intent to deliver, or deliver/sell Salvia divinorum or any synthetic cannabinoids without a valid prescription or order of a practitioner who is acting in the course of his or her professional practice.

(c) PENALTIES.

Chapter 3: Offenses Against Property

 

Sec. 9-3-1 Destruction of Property Prohibited

(a) No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the City, or its departments or to any private person without the consent of the owner or proper authority.

Sec. 9-3-2 Disposal of Fish Entrails

  No person shall dispose of fish, fish entrails or any part of any fish on any public property, other than in containers specially designed for fish entrails, or on any private property not owned by the person doing the disposing unless so authorized by the owner. No person shall dispose of garbage, organic matter, metal cans or other trash in containers for "fish entrails only."

Sec. 9-3-3 Theft of Library Materials

(a) DEFINITIONS. For the purposes of this Section, certain words and terms are defined as follows:

(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 penalized as provided in subsection (g).

(c) CONCEALMENT. The concealment of library material beyond the last station for borrowing library material in the 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 the person or concealed by a person 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) DAMAGING MATERIAL PROHIBITED. No person shall mar, deface or in any other way damage or mutilate any library material.

(e) RETURN DEMANDED. No person shall fail, on demand to return any library material when such demand has been made in accordance with the rules and regulations duly made and adopted by the Library Board.

(f) STATE STATUTES ADOPTED. Section 943.60 Wis. Stats., is hereby adopted by reference.

(g) PENALTY. Any person who shall violate any provision of this Section shall be subject to the general penalty as provided in this Code.

Sec. 9-3-4 Destruction of Noxious Weeds And Regulation of Height of Lawns and Weeds

(a) The City Manager shall annually on or before May 15th publish as required by state law a notice that every person is required by law to destroy all noxious weeds on lands in the City of Two Rivers which he owns, occupies or controls.

(b) If the owner or occupant shall neglect to destroy any weeds as required by such notice, then the Weed Commissioner of the City of Two Rivers, or his or her designee, shall give five days written notice by mail to the owner or occupant of any lands upon which the weeds shall be growing to the effect that the said Weed Commissioner or the designee of the Weed Commissioner after the expiration of the five day period will proceed to destroy or caused to be destroyed all such weeds growing upon said lands and the cost thereof will be assessed as a tax upon the lands upon which said weeds are located under the provisions of Sections 66.0407 and 66.0517 of the Wisconsin Statutes.

(c) Noxious weeds are those plants designated as noxious weeds in Section 66.0407 of the Wisconsin Statutes as well as those plants which may be designated as noxious weeds by the City Council by resolution or ordinance after the effective date of this ordinance, and other rank growth.

(d) For purposes of this ordinance, the word "lawn" shall mean an area of ground primarily planted with grasses, including but not limited to turf grasses, blue grass, fescue, and ryegrass blends, whether situated adjacent to residential dwellings, or commercial, industrial or other structures, or in parks or vacant lots throughout the City, or elsewhere in the City of Two Rivers. The word "weeds" as used in this ordinance shall include, but not limited to, noxious weeds as defined in subsection (c) of this ordinance, nuisance weeds as defined in Section 23.235 of the Wisconsin Statutes, and weeds, such as dandelions, which commonly appear in lawns.

(e) All lawns shall be kept cut to a height not to exceed 8 inches. Noxious weeds and nuisance weeds as described in this Ordinance shall be destroyed as provided in subsection (a) of this Ordinance. If the owner of any property fails to maintain its lawn at a height not to exceed 8 inches, within five days of the mailing of written notice from the City demanding the same addressed to the owner at his last known address, the City may cause the lawn to be cut and the cost thereof shall be charged to the property as a special charge pursuant to Section 66.0627 of the Wisconsin Statutes.

(f) If the owner of property fails to comply with the notice referred to in subsection (a) or (d) of this Ordinance within five days of its mailing, such owner will be subject to a forfeiture of $75.00. In the event such owner fails to comply with a subsequent notice mailed in the same calendar year, such owner will be subject to a forfeiture of $150.00 as to each subsequent failure to comply with the notice.

Sec. 9-3-5 Use of Metal Detectors on Public Property

  Absent authorization by the City Manager, the use of metal detectors and digging for buried objects on City property, except beaches where no vegetation is present, is prohibited.

Sec. 9-3-6 Retail Fraud

 Whoever returns or attempts to return merchandise to a merchant for the purpose of claiming a cash refund or credit by intentionally deceiving the merchant with a representation that such merchandise was purchased by such person from such merchant at the price claimed where such merchandise was, in fact, not purchased by such person or was not purchased from such merchant or was purchased at a price lower than the price claimed shall be guilty of a violation of this Section.

Chapter 4: Obscenity

 

Sec. 9-4-1 Obscene Literature, Materials, and Performances

(a) DEFINITIONS

(b) PROHIBITIONS. It shall be unlawful for any person knowingly:

Sec. 9-4-2 Exposing Minors to Harmful Materials

(a) DEFINITIONS. As used in this section:

(b) It shall be unlawful for any person knowingly to exhibit for a monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture, show or other presentation which in whole or in part depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors, unless such minor is accompanied by his parent or legal guardian.

(c) It shall be unlawful for any person knowingly to sell or loan for monetary consideration to a minor:

(d) It shall be unlawful for any person knowingly to admit a minor whom he or she knows or has reason to believe is not his/her child or legal ward to any premises whereon there is exhibited nudity, sexual conduct or sadomasochistic abuse which is harmful to minors unless such minor is accompanied by his/her parent or legal guardian.

Sec. 9-4-3 Commercial Sexual Gratification

(a) No person or any legal entity shall offer, make available, permit or in any way participate in the touching of the genitals, pubic area, buttocks, anus or perineum of any person or of the breasts or vulva of a female when such touching can be reasonably construed as being for the purposes of sexual arousal or gratification under circumstances in which it is reasonably expected that money or other consideration will be received therefor.

(b) No person or any legal entity shall offer, make available, permit or in any way participate in the administration of any form of massage for money or other consideration when the genitals, pubic area, buttocks, anus, perineum, vulva or female breast of the administrator of the massage are not fully covered by opaque material.

Sec. 9-4-4 Loitering for Purposes of Prostitution

(a) No person shall loiter in or near any thoroughfare or place open to the public in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purpose is manifested: that such person is a known prostitute or panderer, repeatedly beckons to, stops, or attempts to stop, or engages male or female passerby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture. The violator's conduct must be such as to demonstrate a specific intent to induce, entice, solicit or procure another to commit an act of prostitution. No arrest shall be made for a violation of this subsection unless the arresting officer first affords such persons an opportunity to explain such conduct, and no one shall be convicted of violating this subsection if it appears at trail that the explanation given was true and disclosed a lawful purpose.

(b) As use in this subsection:

Chapter 5: Offenses Involving Alcoholic Beverages

 

Sec. 9-5-1 Outside Consumption

(a)No person shall carry, or expose to view, any open container of malt beverages, intoxicating liquors, or other alcoholic beverages or drink from the same on any sidewalk within seventy-five (75) feet of an entrance to a tavern, or on any street, alley, public parking lot, park, parking lots or other public place or premises not licensed for the consumption of alcoholic beverages, except that this Section shall not apply to public parks outside of parking areas and City approved events.

(b)"Container" includes cans, bottles, cups, glasses and all other vessels which contain any alcoholic beverage. For purposes of this Section, a "public place" shall be construed to mean any location with the City which, at the time the person is apprehended, is open to access by persons not requiring specific permission of the owner to be at such location including, without exclusion by reason of this enumeration, all parking lots serving commercial establishments.

(c)In no event shall a private yard or residence in a residentially zoned district be construed to be a public place.

Chapter 6: Public Nuisances

 

Sec. 9-6-1 Public Nuisances Prohibited

(a) No person shall erect, cause, continue, maintain or permit to exist any public nuisance within the City.

Sec. 9-6-2 Definitions

(a) Any place or premises within the City where City ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.

(b)Blighted premises as follows:

(c) Dwelling. Any building or structure and attached appurtenances wholly or partly used or intended to be used by humans for living or sleeping.

(d) Dwelling Unit. Any habitable room or group of adjoining habitable rooms located within a dwelling or forming a single unit with facilities which are used or intended to be used for living, sleeping, cooking or eating meals.

(e) Extermination. Control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making in accessible material that may serve as their food by poisoning, spraying, fumigating, trapping or any other approved pest elimination method.

(f) Nuisance.

(g) Occupant. Any person living, sleeping or eating, or having actual possession of a dwelling, dwelling unit or rooming unit.

(h) Operator. Any person who has charge or care of a building or part thereof in which dwelling or rooming units are let.

(i) Owner. Any person who alone or jointly or severally with others is the legally recorded holder of the title with or without actual possession thereof, or who has charge, care or control of any dwelling or dwelling unit as agent or owner. The term "Owner" under this Chapter shall also include the legally recorded holder of a land contract vendee interest.

(j) Person. Any individual, firm, corporation, partnership or association.

(k) Premises. Any lot, plot or parcel of land, and buildings thereon.

Sec. 9-6-3 Responsibilities of Occupants

(a) To keep the exterior of the dwelling and non-dwelling structures and premises he controls and occupies in a clean, sanitary condition.

(b) To dispose of rubbish and garbage in a clean, sanitary manner as prescribed by this Code.

(c) To exterminate in the following cases:

(d) Whenever infestation is caused by the owner's failure to maintain the dwelling in a rodent-proof or reasonably insect-proof condition, the occupant is not responsible for extermination of any insects, rodents or other pests therein.

(e) Rummage/Garage Sales

Sec. 9-6-4 Responsibilities of Owners

(a) To exterminate in the following cases:

(b) To perform the responsibilities of the occupant when premises are vacant.

(c) No owner shall permit any building, structure or fence to exist on any premises which does not comply with the following requirements:

(d) General Cleanliness. There shall be no accumulation or storage of junk, wood, brick, cement block or other unsightly debris, automobile parts, truck parts, tractors, refrigerators, furnaces, appliances, machinery or parts thereof, which tends to depreciates property values or create a a nuisance or hazard on any lot pr parcel of land within the City except as may be allowed by permit approved by the Council, or except when such materials are properly housed out of public view.

(e) Open off-street storage of automobiles, trucks, all-terrain vehicles, boats,motorcycles, snowmobiles and utility trailers are permitted in the rear and, interior side yards of any lot used primarily for residential purposes provided such items are owned by the property owner or occupants of the premises. See Section 8-4-1(c) and (d) for regulations related to storage on private property of dismantled, wrecked, unregistered, un-licensed, inoperable or abandoned vehicles.

(f) Rummage/Garage Sales.

Sec. 9-6-5 Enforcement

(a) Whenever the Chief of Police, the Chief of the Fire Department, the Building Inspector, the Zoning Administrator or the Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision which affects the safety of any occupants or the safety of the general public, he shall give notice of such alleged violation to the person therefor and to any known agent as provided herein.

(b) The notice shall:

Sec. 9-6-6 Public Nuisances Affecting Health

  The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of Section 9-6-2;

(a) ADULTERATED FOOD. All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.

(b) UNBURIED CARCASSES. Carcasses of animals, birds or fowl not intended for human consumption or food which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.

(c) BREEDING PLACES FOR VERMIN, ETC. Accumulation of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, pacing materials, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed.

(d) STAGNANT WATER. All stagnant water in which mosquitoes, flies or other insects can multiply.

(e) PRIVY VAULTS AND GARBAGE CANS. Privy vaults and garbage cans which are not fly-tight.

(f) NOXIOUS WEEDS. All noxious weeds as described in Section 9-3-4 of the Municipal Code and other rank growth of vegetation.

(g) AIR POLLUTION. The emission or escape into the open air of such quantities of smoke, ash, dust, soot, cinders, acid or other fumes, dirt or other material or noxious gases in such place or manner as to cause injury, detriment or nuisance to any appreciable number of persons within the City.

(h) WATER POLLUTION. The pollution of any public well or cistern, stream, lake, canal or other body of water by sewage, creamery or industrial wastes or other substances.

(i) NOXIOUS ODORS, ETC. Any use of property, substances or things within the City emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the physical sense of ordinary person which annoy, discomfort, injury or inconvenience the health of any appreciable number of persons within the City.

(j) STREET POLLUTION. Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the City.

(k) VIBRATION, ODOR, HEAT, GLARE, RADIOACTIVITY, TOXIC OR NOXIOUS MATTER. No effect beyond lot lines of any vibration, odor, heat, glare, radioactivity, toxic or noxious matter shall be permitted in such quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business.

(l) DUST, FLY ASH OR SMOKE. See Wisconsin Administrative Code provisions for dust, fly ash or smoke.

Sec. 9-6-7 Public Nuisances Affecting Peace and Safety

  The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting peace or safety coming within the definition of Section 9-6-2;

(a) SIGNS, BILLBOARDS, ETC. All signs and billboards, awnings or other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety.

(b) ILLEGAL BUILDINGS. All buildings erected, repaired or altered in violation of the provisions of the ordinances of the City relating to materials and manner of construction of buildings and structures within the City.

(c) UNAUTHORIZED TRAFFIC SIGNS. All unauthorized signs, signals, marking or devices placed or maintained upon or in view of any public highway or railway crossing which purport to be or may be mistaken as an official traffic control device, railroad sign or signal or which because of its color, location brilliance or manner of operation interferes with the effectiveness of any such device, sign or signal.

(d) DILAPIDATED STRUCTURES. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use, and all buildings or structures which do not comply with the provisions of the Code.

(e) OBSTRUCTIONS OF STREETS AND EXCAVATIONS. All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the City or which, although made in accordance with such ordinances are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished, or do not conform to the permit.

(f) FLAMMABLE LIQUIDS. Repeated or continuous violations of the ordinances of the City or laws of the State of Wisconsin relating to the storage of flammable liquids.

(g) OPEN CISTERNS, WELLS, BASEMENTS OR OTHER DANGEROUS EXCAVATIONS PROHIBITED. No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fenced in such manner as to prevent injury to any person and any cover shall be of a design, size and weight that the same cannot be removed by small children.

(h) 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.

Sec. 9-6-8 Abatement of Public Nuisances

(a) ENFORCEMENT. The Chief of Police, the Chief of the Fire Department, the Building Inspector, the Zoning Administrator and Health Officer shall enforce those provisions of this Chapter that come within the jurisdiction of their offices, and they shall make periodic inspections and inspections upon complaint to insure that such provisions are not violated. No action shall be taken under this Section to abate a public nuisance unless the officer shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and have satisfied himself that a nuisance does in fact exist.

(b) SUMMARY ABATEMENT. If the inspecting officer shall determine that a public nuisance exists within the City and that there is great and immediate danger to the health, safety, peace, morals or decency, the City Manager may direct the proper officer to cause the same to be abated and charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.

(c) ABATEMENT AFTER NOTICE. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall serve notice on the person causing or maintaining the nuisance to remove the same within ten (10) days. If such nuisance is not removed within such ten (10) days, the proper officer shall cause the nuisances to be removed as provided in subsection (b) above.

(d) OTHER METHODS NOT EXCLUDED. Nothing in this Chapter shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the State of Wisconsin.

(e) COURT ORDER. Except when necessary under subsection (b), no officer hereunder shall use force to obtain access to private property to abate a public nuisance but shall request permission to enter upon private property if such premises are occupied, and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.

Sec. 9-6-9 Cost of Abatement

  In addition to any other penalty imposed by this Chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the City shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.

Sec. 9-6-10 Penalty

  Any person who shall violate any provision of this Chapter or permit or cause a public nuisance shall be subject to the general penalty provisions of this Municipal Code.

Chapter 7: Chronic Nuisance Prohibited

 

Sec. 9-7-1 Chronic Nuisance Prohibited

(a) DEFINITIONS

(b) CHRONIC NUISANCE PROHIBITED. No person or entity shall operate, maintain, or allow to be maintained any premises within the City of Two Rivers that has been deemed to be a chronic nuisance as defined by this ordinance.

(c) CHRONIC NUISANCE PREMISES NOTICE (CNP Notice). Whenever the Chief of Police determines that three or more nuisance activities resulting in enforcement action have occurred at a premise during a 12-month period, the Chief may notify the premises owner in writing that the subject location has been deemed a chronic nuisance. In calculating the requisite nuisance activity, the Chief may count separate qualifying nuisance incidents resulting in enforcement action occurring on the same day (as long as they are distinct in time) or different days. The following shall not be considered nuisance activities subject to this ordinance except as expressly provided:

  The Chronic Nuisance Premises Notice ("CNP Notice") shall be deemed delivered if sent either by first class mail to the premises owner's last known address of record as identified by the records of the City Assessor or delivered in person to the premises owner. If the premises owner cannot be located, the notice shall be deemed to be properly delivered if a copy of such notice is prominently posted at the premises owner's usual place of abode, delivered to a competent member of the owner's family at least 14 years of age or older currently residing there and who shall be informed of the contents of the CNP Notice. The CNP Notice shall contain the following information:

(d) OWNER ACTION PLAN. Premise owners shall be counseled regarding nuisance abatement methods and strategies and shall be encouraged to submit a comprehensive nuisance abatement action plan that considers alternatives to eviction in situations where eviction is not the sole remedy available to abate the nuisance activity or is not available as a remedy. The plan is acceptable if it can reasonably be expected to result in abatement of the nuisance activities described in the CNP Notice within sixty (60) days.

(e) ENFORCEMENT. A person shall be deemed to have violated this ordinance or failed to comply with provisions of chapter if any of the following conditions have been met:

(f) ABATEMENT. A chronic nuisance premises shall be deemed abated when no enforcement action to address nuisance activities occurs and there are no Police, Building, Health or Fire inspection cases generated for a period of six (6) consecutive months; or a period of six (6) consecutive monthsfrom the date of compliance with the action plan.

  Nothing in this section shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the Municipal Code or laws of the State of Wisconsin.

(g)APPEAL. An appeal of the determination that a premise is a chronic nuisance premises or the costs of enforcement assessed by the Finance Department must be submitted, in writing, to the City Council. Such notice of appeal shall be submitted not more than 10 days following notice to the Owner that a premise has been determined to be a chronic nuisance. The City Council or its designee shall then schedule and hold a hearing on such appeal upon reasonable notice to the appellant. The appellant may be represented by counsel at such hearing at the appellant's expense. The appellant and the City shall be entitled to submit testimony, witnesses and documentation to the City Council or its designee at such hearing. The City Council or its designee shall issue a written decision on the appeal within 30 days of the hearing.

(h) INJUNCTION. This section may be enforced by injunction where injunctive relief is available by state statute.

(i) PENALTIES. Any person who violates any provision of this ordinance will be subject to a forfeiture of not less than $200 nor more than $5,000 plus court costs; and shall be assessed the costs of enforcement of this section in full or part. Such costs shall be billed to the premises owner by invoice sent by regular mail and must be paid within thirty (30) days of the date on the invoice. Any unpaid invoice shall result in a $100 administrative fee and a lien on such premises that may be assessed and collected as a special charge pursuant to ss.66.0627, Wis. Stats.

  Each subsequent incident of enforcement action for nuisance activity after a premises has been deemed to be a chronic nuisance premises shall constitute a separate offense and penalties will continue to be assessed until the nuisance is abated.

(j) SUSPENSION OF ENFORCEMENT COSTS. If after the receipt of a billing notice from the Finance Department, the premises owner develops an acceptable action plan and implements the plan, the authorized official may suspend further enforcement of this ordinance. The premises owner shall remain responsible for any enforcement costs incurred prior to the premises owner's submitting an action plan, including the administrative fee. If the premises owner ceases to cooperate with the efforts to abate the nuisance activities after a suspension of costs, enforcement costs will be reinstated and immediately due. The owner shall be notified, in writing, by the Finance Department of any suspension or reinstatement of enforcement costs.

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

Chapter 8: Adult Entertainment Businesses

 

Sec. 9-8-1 Determinations

  The City Council finds that sexually oriented businesses are frequently used for unlawful sexual activities, including prostitution; and the concern over sexually transmitted diseases is a legitimate health concern of the City Council, which demands reasonable regulation of sexually oriented businesses in order to protect the health and well-being of the citizens. There is convincing documented evidence that sexually oriented businesses have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime and the reduction of property values. The City Council desires to minimize and control these adverse secondary effects and thereby protect the health, safety and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of urban blight. It is not the intent of this chapter to suppress any speech activities protected by the First Amendment but to enact a content-neutral secondary effects of sexually oriented businesses.

Sec. 9-8-2 Intent

  It is the intent of this ordinance to regulate sexually oriented businesses and related activities in order to ameliorate the negative secondary effects associated with such businesses so as to promote the health, safety and general welfare of the citizens of the City of Two Rivers. It is not intended that the provisions of this ordinance directly or indirectly impose limitations or restrictions on the content of any communicative materials, including sexually oriented materials, nor is it the intent of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the Constitution of the United States or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Further, it is not the intent of this ordinance to condone or legitimize the distribution of obscene materials.

Sec. 9-8-3 Findings

(a) Crime statistics show that all types of crimes, especially sex-related crimes, occur with more frequency in neighborhoods where sexually oriented businesses are located.

(b) Studies of the relationship between sexually oriented businesses and neighborhood property values have found such businesses have a negative impact on both residential and commercial property values.

(c) Sexually oriented businesses may contribute to an increased public health risk through the spread of sexually transmitted diseases.

(d) Sexually oriented businesses may encourage, support and facilitate prohibited secondary sexual activities such as prostitution.

(e) The consumption of alcoholic beverages on the premises of sexually oriented businesses exacerbates the negative secondary effects of such businesses on the community.

(f) There is an increase in the potential for infiltration by organized crime for the purposes of unlawful conduct.

  In making these findings, the City Council relies, in part, upon evidence regarding the secondary effects of sexually oriented businesses as described in the following studies: Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime? An Examination Using Spatial Analyses, McCord and Tewksbury, Crime & Delinquency, 59(7), 1108-1125 (2012); Report of the Village of Madison Planning and Zoning Commission Concerning Sexually Oriented Businesses, (Meeting Date February 14, 2011); Testimony of Richard McCleary, Ph.D. and Lori Sexton, M.A. to the Illinois State Senate Public Health Committee, March 2, 2012; and Summaries of Studies of Sexually Oriented Businesses Land Use by the National Law Center for Children and Families, describing the results of studies made by various cities throughout the United States.

Sec. 9-8-4 Definitions

  The following terms shall have the following meanings:

(a) ADULT CABARET - A nightclub, dance hall, bar, restaurant or similar commercial establishment that regularly features:

(b) ADULT ENTERTAINMENT - Any exhibition of any motion picture, live performance, display or dance of any type which has as a significant or substantial portion of such performance or is distinguished or characterized by an emphasis on any actual or simulated performance of specified anatomical areas.

(c) ADULT ESTABLISHMENT - An adult arcade, adult bookstore, adult cabaret, adult motion-picture theater, adult theater, adult video store and further means any premises to which public patrons or members are invited or admitted that is substantially devoted to the purveyance, demonstration or display of specified sexual activities or specified anatomical areas.

(d) EMPLOYEE - A person who performs any service on the premises of a sexually oriented business on a full-time, part-time, contract or independent basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise, and whether or not the said person is paid a salary, wages or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises nor does employee include a person exclusively on the premises as a patron or customer.

(e) ENTERTAINER -

(f) ESTABLISHMENT - Includes any of the following:

(g) NUDE, NUDITY OR STATE OF NUDITY - The exposure of any specified anatomical areas as defined in this chapter.

(h) OPERATOR - The person on the premises who is responsible for the control and management of the sexually oriented business.

(i) PERSON - An individual, proprietorship, partnership, corporation, association or other legal entity.

(j) PLACES IN SEXUALLY ORIENTED BUSINESSES THAT ARE PROVIDED OR SET APART FOR NUDITY - Enclosed single sex public restrooms, enclosed single sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations and similar places in which nudity or exposure of specified anatomical areas is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person's conduct of being nude is used for his or her profit or where being nude is used promotion of business or is otherwise commercially exploited.

(k) PREMISES - The real property upon which the sexually oriented business is located and all appurtenances thereto and buildings thereon, including, but not limited to, the sexually oriented business, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control or supervision of the owner or operator of the business.

(l) REGULARLY - Recurring on a basis which is frequently, customarily or typically a part of the ongoing scheduled activities of the establishment.

(m) SEMINUDE OR SEMINUDITY - The exposure of the nipples or areolas of the female breast less than completely and opaquely covered.

(n) SEXUALLY ORIENTED BUSINESS - An adult bookstore, adult establishment, adult motion-picture theater, adult video store, adult cabaret or a business featuring adult entertainment, adult motion-picture theater, adult theater or other business classified as an adult establishment.

(o) SPECIFIED ANATOMICAL AREAS -

(p) SPECIFIED SEXUAL ACTIVITIES - Includes any of the following:

Sec. 9-8-5 Regulation of sexually oriented businesses.

(a) No person, employee, entertainer or patron shall be permitted to have any physical contact with any entertainer on the premises of a sexually oriented business during any performance. To prevent actual physical contact between the entertainer and any other person, employee or patron, all performances shall only occur on a stage or on a table that is elevated at least 18 inches above the immediate floor level and shall not be less than five feet from any area occupied by any patron. Patrons shall not have any physical contact with and shall not be less than five feet from any entertainer during any performance, including, but not limited to, during the payment of a tip or gratuity.

(b) The sale, use or consumption of alcoholic beverages on the premises of a sexually oriented business is prohibited.

(c) It shall be unlawful to allow a person who is younger than 18 years of age to enter or be on the premises of a sexually oriented business at any time the sexually oriented business is open for business.

(d) It shall be the duty of the operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during regular business hours. It shall be presumed that an attendant knew a person was under the age of 18 unless such attendant asked for and was furnished:

(e) No person shall cause another to commit a violation of this chapter, nor shall any person permit such a violation to occur on any premise under his/her control, tenancy, management or ownership.

(f) Hours of operation. No sexually oriented business regulated by this chapter may remain open between the hours of 2:00 a.m. and 8:00 a.m., Monday through Friday, or between the hours of 2:30 a.m. and 8:00 a.m. on Saturdays and Sundays.

(g) Signs posted. All Premises governed by this chapter shall be required to post signs provided by the City of Two Rivers which state:

(h) Doors and Windows. Each entryway to a window of a sexually oriented business featuring live entertainment shall, through use of a vestibule, screening or double doors and with window coverings, eliminate any direct line of sight from the public street area to any entertainer on the premises.

(i) No person, employee, entertainer or patron shall appear in a state of nudity on the premises of any sexually oriented business.

(j) No person, employee, entertainer or patron shall participate or engage in any specified sexual activity on the premises of any sexually oriented business.

(k) No person, employee, entertainer or patron shall display any specified anatomical area on the premises of a sexually oriented business.

Sec. 9-8-6 Signage

  Signs advertising any adult cabaret, adult establishment, or any premises on which adult entertainment is provided, may not depict or in any way refer to any specified anatomical areas or specified sexual activities as defined in Section 9-8-4 of the Municipal Code. In all other respects they shall comply with the applicable provisions of Title 10, Chapter 3 of the Municipal Code.

Sec. 9-8-7 Registration of Entertainers

  All Entertainers as defined in Section 9-8-4 of the Municipal Code shall register with the City of Two Rivers Police Department before engaging in employment or performing in the City of Two Rivers. Failure to register shall be deemed a violation by the entertainer and the operator and owner of any premises on which the entertainer is employed or performs. Registration shall be effective for a period of one year.

Sec. 9-8-8 Separation of Adult Entertainment Businesses

(a) In this Section, "adult entertainment business" includes but is not limited to an "adult cabaret" and "adult establishment" as defined in section 9-8-4 of the Municipal Code.

(b) No more than one adult entertainment business may be established on any one parcel, and any adult entertainment business shall be at least 500 feet from any other adult entertainment business.

(c) No adult entertainment business shall be permitted within 500 feet of any land zoned for residential use.

(d) No adult entertainment business shall be permitted within 500 feet from any public or private educational facility or church. The foregoing shall include but is not limited to any child day care establishment, nursery school, high school, vocational school, secondary school or special education school. "School" includes school grounds.

(e) No adult entertainment business shall be permitted within 500 feet from any public park or city-owned recreational area, including but not limited to a park, playground, swimming pool, athletic field, basketball, volleyball or tennis court, or other similar land owned by the City of Two Rivers.

(f) Distances are to be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where an adult entertainment business is conducted to the nearest property line of the premises of a use listed in sections (a) through (e).

Sec. 9-8-9 Exemptions.

  The provisions of this chapter do not apply to the following establishments: theaters, performing arts centers, civic centers and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic, social or political merit are offered on a regular basis and in which the predominant business or attraction is not the offering of entertainment which is intended for the sexual interests or titillation of customers and where the establishment is not distinguished by an emphasis on or the advertising or promotion of nude or seminude performances. While expressive live nudity may occur within these establishments, this chapter seeks only to minimize and prevent the secondary effects of sexually oriented businesses on the community. Negative secondary effects have not been associated with these establishments.

Sec. 9-8-10 Violations and penalties.

(a) Violation of the use provisions of this chapter is declared to be a public nuisance per se which, in addition to any other remedy provided by law, may be abated by the City by way of civil abatement procedures.

(b) Any person, partnership or corporation who violates any of the provisions of Sec. 9-8-5 of this chapter or any other provision of this chapter shall be subject to a forfeiture of not less than $200 and not more than $700 per violation. A separate offense and violation shall be deemed committed on each day on which a violation occurs or continues to occur.

(c) Violation of this chapter constitutes sufficient grounds for suspending, revoking or non-renewing an alcohol beverage license under W.S.A. s. 125.12.

Sec. 9-8-11 Severability.

  If any Section of this chapter is found to be unconstitutional or otherwise invalid, the validity of the remaining Sections shall not be affected.

Chapter 9: Sexual Offender Residency Restrictions

 

Sec. 9-9-1 Findings and Purpose

  The Wisconsin Statutes provide for the punishment, treatment and supervision of persons convicted or otherwise responsible for sex crimes against children, including their release into the community.

  Chapter 980 of the Wisconsin Statutes provides for the civil commitment of sexually violent person, a more dangerous type of sex offender due to their likelihood to reoffend, and specifically, in Wis. Stat. § 980.08, provides for the supervised relaease of such person into the community.

  The City of Two Rivers places a high priority on maintaining public safety through highly skilled and trained law enforcement and laws that deter and punish criminal behavior.

  The City finds that sex offenders are a serious threat to public safety. When convicted sex offenders reenter society, they are much more likely than any other type of offender to be rearrested for a new rape or sexual assault. Given the high rate of recidivism for sex offenders and as reducing opportunity and temptation is important to minimizing the risk of reoffense, there is a need to protect children where they congregate or play in public places in addition to the protections afforded by state law near schools and daycare centers. The City finds that, in addition to schools and daycare centers, children congregate or play in a number of public places, including public parks and houses of worship.

  This chapter is a regulatory measure aimed at limiting those sex offenders placed in the City to individuals who have previously resided in the City or have immediate family residing in the City, as addressed herein.

  Further, this chapter is a regulatory measure aimed at protecting the health and safety of children in the City from the risk that convicted sex offenders may reoffend following placement in the community. It is the purpose of this chapter not to impose a criminal penalty but rather to serve the City’s compelling interest in promoting, protect and improving the health, safety and welfare of the citizen’s of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from loitering or prowling.

Sec. 9-9-2 Definitions

  As used in this chapter, and unless the context requires otherwise:

(a) A “sexually violent offense” shall have the meaning set forth in Wis. Stat. § 980.01(6), as amended from time to time.

(b) A “crime against children” shall mean any of the following offenses set forth within he Wisconsin statutes, as amended, or the laws of this or any other state or the federal government, having like elements necessary for conviction, where the victim is under the age of 18, respectively:

1940.225(1) First Degree Sexual Assault
940.225(2) Second Degree Sexual Assault
940.225(3) Third Degree Sexual Assault
940.22(2) Sexual Exploitation by Therapist
940.30 False Imprisonment-victim was minor and not the offender’s child
940.31 Kidnapping-victim was minor and not the offender’s child
944.01 Rape (prior statue)
944.06 Incest
944.10 Sexual Intercourse with a Child (prior statute)
944.11 Indecent Behavior with a Child (prior statute)
944.12 Enticing Child for Immoral Purposes (prior statute)
948.02(1) First Degree Sexual Assault of a Child
948.02(2) Second Degree Sexual Assault of a Child
948.025 Engaging in Repeated Acts of Sexual Assault of the Same Child
948.05 Sexual Exploitation of a Child
948.055 Causing a Child to View or Listen to Sexual Activity
948.06 Incest with a Child
948.07 Child Enticement
948.075 Use of a Computer to Facilitate a Child Sex Case
948.08 Soliciting a Child for Prostitution
948.095 Sexual Assault of a Student by School Instructional Staff
948.11(2)(a) or (am) Exposing Child to Harmful Material-felony sections
948.12 Possession of Child Pornography
948.13 Convicted Child Sex Offender Working with Children
948.30 Abduction of Another’s Child
971.17 Not Guilty by Reason of Mental Disease-of an included offense
975.06 Sex Crimes Law Commitment

(c) “Facility for children” means a public or private primary or secondary school; a church, synagogue, or house of worship as zoned by the City; a group home, as defined in Wis. Stat. § 48.02(7); a residential care center for children or youth, as defined in Wis. Stat. § 48.02 (15d); a shelter care facility, as defined in Wis. Stat. § 48.02 (17); a daycare center licensed under Wis. Stat. § 48.65; a daycare program established under Wis. Stat. § 120.131(14); or a daycare provider certified under Wis. Stat. § 48.651.

(d) “Offender” means a person who has been convicted of or who has been found not guilty by reason of disease or mental defeat or a sexually violent offense and/or crime against children who was tried as an adult; or who was deemed an offender under Wis. Stat. Ch. 980.

(e) “Permanent residence” means the place where a person sleeps, abides, lodges, or resides for 14 or more consecutive days or which qualifies as a residence under the laws of the State of Wisconsin, and my be mobile or transitory.

(f) “Sexually violent offense” shall have the meaning as set forth in Wis. Stat. § 980.01(6), as mended from time to time.

(g) “Temporary residence” means residence or premises meeting any of the following criteria:

Sec. 9-9-3 Original Domicile Restrictions

(a) RESIDENCY PROHIBITED. No offender who has ever been ruled a sexual violent offender by a petition filed under Wis. Stat. Ch. 980 or any offender who has been convicted of a crime against children as defined in subsection (2)(b) shall be permitted to reside in the City, and no supervised release of such offender shall be established in the City, unless the offender was domiciled in the City as the time of an offense resulting in such conviction or the person previously resided in the City for a continuous period of at least two years.

(b) EXEMPTIONS. A offender does not commit a violation of this chapter if any of the following apply:

Sec. 9-9-4 Loitering

  It is unlawful for an offender, as defined by Section 9-9-2(d), to loiter or prowl, as said words are used in Section 9-5-4, within 500 feet of real property that supports or upon which there exists a facility for children, a public park, a public swimming pool, a public library, or a public recreational trail.

Sec. 9-9-5 Appeal

  The residency restrictions of this chapter may be waived upon approval of the City Council through an appeal by the affected offender. Such appeal shall be made in writing to City Clerk, who shall forward the request to the City Manager and the Chief of Police. The Chief of Police shall forward a report on the appeal request to the City Council. The City Council will convene within 30 days of the appeal being filed with the Clerk to hear from the Chief of Police and the affected offender or their counsel. After deliberation, the City Council shall act on the recommendation. A written copy of the decision shall be provided to the affected offender by the City Clerk. The City Council may reject a waiver request when the request is filed with the City Clerk within 90 days of denial by the committee of a prior identical waiver request of the requester, absent a change in circumstances.

Sec. 9-9-6 Penalties

  Any person found guilty of violating this ordinance shall be penalized by forfeiture not less than $100 and not to exceed $1,000. Each day an offender maintains a residence in violation of this article constitutes a separate violation. The City may also seek equitable relief.

Sec. 9-9-7 Severability

  Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected.