§ 12.00.010. State statutes adopted.

The following statutes defining offenses against the peace and good order of the state are adopted by reference to define offenses against the peace and good order of the city of Ripon. With the exception of Wis. Stats. § 938.342, the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under the general penalty provisions of this Code of Ordinances. Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made part of this Code. The penalty for truancy and high school dropouts shall be governed by the provisions of Wis. Stats. § 938.342 as adopted herein.

R12.13	Election fraud
R29.601	Noxious substances
R100.18	Fraudulent representations
R101.123	Smoking prohibited
R110.20	Pollution by MV/failure to repair
R118.07	Safety requirements
R118.09	Safety zones
R118.11	School fences
R118.163	Truancy and school dropout violations
R120.12(20)	Prohibition of tobacco on school property
R134.65	Sell/give tobacco products without license
R134.66	Retailer provide tobacco product to person under age 18
R146.70(10)(a)	False 911 calls
R167.10	Sell or possess with intent to sell illegal fireworks
R167.32	Body passing at sporting event
R254.76	Careless smoking
R254.92	Purchase or possession of cigarettes or tobacco products by person under 18 prohibited
R813.12	Violation of a domestic abuse injunction or order
R813.122	Violation of a child abuse restraining order or injunction
R813.123	Violation of individual at risk restraining order or injunction
R813.125	Violation of a harassment injunction or order
R938.17	Jurisdiction—Juveniles—Traffic, boating, snowmobile and all-terrain vehicle violations and over civil law and ordinance violations
R938.342	Disposition—Truancy and school dropout ordinance violations
R938.343	Disposition—Juvenile adjudged to have violated a civil law or an ordinance
R938.344	Disposition—Certain intoxicating liquor, beer and drug violations
R938.345	Disposition—Juvenile adjudged in need of protection or services
R939.05	Parties to crime
R939.22	Words and phrases defined
R939.32	Attempt to commit a crime
R939.615	Violation of condition of lifetime supervision
R940.19	Battery
R940.195	Battery to unborn child
R940.20(2m)	Battery to probation/parole agent
R940.225(3m)	Fourth degree sexual assault
R940.285	Negligently subjects an individual at risk to maltreatment likely to cause bodily harm
R940.291	Failure of a police officer to render aid
R940.295	Negligently abuses or neglects a patient/resident that causes or is likely to cause bodily harm
R940.32	Stalking
R940.34	Duty to aid victim or report crime
R940.42	Intimidation of witness
R940.44	Intimidation of victim
R941.01	Negligent operation of a vehicle
R941.10	Negligent handling of burning materials
R941.12	Interfere with firefighting—Tampers or removes equipment
R941.13	False alarms and interference with firefighting
R941.20	Negligent operation or handling of dangerous weapon
R941.23	Carrying concealed weapon
R941.235	Carrying firearm in public building
R941.237	Carrying firearm where alcohol may be served or consumed
R941.24	Possession of switchblade knife
R941.26	Possession of containers that emit oleoresin of capsicum by felons
R941.28	Possession of short-barreled shotgun or rifle
R941.299	Point a laser pointer at any part of body
R941.315	Possess with intent to inhale or inhale nitrous oxide
R941.316	Possess with intent or intentionally inhale a hazardous substance
R941.36	Fraudulent tapping of electric, gas or water meter or pipe
R941.37	Obstructing emergency medical personnel
R941.38	Violation of court order restraining criminal gang member conduct
R941.39	Violation of court order prohibiting contact with victim or co-actor
R942.01	Defamation
R942.03	Giving false information for publication
R942.05	Opening letters
R942.08	Invasion of privacy—Surveillance device
R943.01	Intentional damage to property
R943.011	Damage or threat to property of witness
R943.014	Demolition of historic building without authorization
R943.017	Graffiti
R943.03	Arson of property other than building
R943.05	Placing of combustible materials an attempt
R943.07	Throws/shoots/propels missile at train
R943.11	Entry into locked vehicle
R943.12	Possession of burglarious tools
R943.125	Entry into locked coin box
R943.13	Trespass to land
R943.14	Trespass to dwelling
R943.145	Trespass to medical facility
R943.15	Entry into a locked site, room or dwelling
R943.20	Theft—Take and carry away
R943.201	Misappropriation of personal identifying information
R943.207	Transfer of recorded sound for unlawful use
R943.209	Recording performance without consent of performance owner
R943.209	Failure to disclose manufacturer of recording
R943.21	Fraud on hotelkeeper or restaurant
R943.215	Absconding without paying rent
R943.22	Use of cheating tokens
R943.23	Remove part or component of vehicle without owner's consent
R943.24	Issue worthless check $2,500
R943.30	Threats to injure and accuse of crime
R943.34	Receiving stolen property $2,500
R943.37	Alteration of property identification marks
R943.38	Forgery—Falsely represents object
R943.392	Fraudulent data alteration
R943.41	Credit card crime—False statements
R943.45	Telecommunications theft—Charging without consent
R943.455	Theft of cellular phone services
R943.46	Cable service theft—Illegal device
R943.47	Satellite television programming theft
R943.50	Retail theft—Alter price
R943.55	Removal of a shopping cart
R943.61	Theft of library material
R943.70	Computer crimes—Intentionally modifies data
R943.75	Intentional release of pet, protection, etc., animals without consent of owner
R943.76	Reckless introduction of contagious/infectious disease to wild deer without consent of DNR
R944.15	Public fornication
R944.17	Sexual gratification—In public with another
R944.20	Lewd and lascivious behavior
R944.21	Imports, prints, sells, has in possession to sell, publishes, exhibits or transfers obscene material
R944.23	Making lewd, obscene or indecent drawings
R944.25	Sending obscene or sexually explicit electronic messages
R944.30	Prostitution—Sexual intercourse for anything of value
R944.31	Patronizing prostitutes
R944.33	Pandering—With known prostitute
R944.34	Keeping a place of prostitution
R944.36	Solicitation of drink prohibited
R945.02	Gambling—Make a bet
R945.04	Permitting premises to be used for gambling
R945.07	Gambling by participants in contest
R945.08	Bribery of participants in contest
R946.06	Improper use of flag
R946.32	False swearing
R946.40	Refusing to aid officer
R946.41	Resisting or obstructing officer
R946.42	Escape—Pursuant to traffic ordinance
R946.46	Encouraging violation of probation or parole
R946.47	Harboring or aiding felons
R946.49	Bail jumping
R946.66	False complaints of misconduct
R946.67	Compounding crime
R946.70	Impersonating a peace officer
R946.72	Tampering with public notices
R947.01	Disorderly conduct
R947.011	Disrupt funeral or memorial service
R947.012	Telephone harassment—Uses obscene language
R947.0125	Computer crime—Send a message to harass
R947.013	Harassment—Strikes, shoves, kicks, threatens or attempt
R947.02	Vagrancy
R947.04	Drinking in common carriers
R947.06	Unlawful assembly
R947.07	Disorderly conduct with U.S. flag
R948.09	Sexual intercourse with a child aged 16 or older
R948.10	Exposing genitals or pubic areas of child or to child
R948.11	Exposing a child to harmful material—Reasonably knows person is not 18
R948.21	Child neglect
R948.22	Failure to support for less than 120 consecutive days
R948.40	Contributing to the delinquency of a child
R948.45	Contributing to truancy of a child by person aged 17 or older
R948.50	Strip search of pupil by school employee
R948.51	Hazing
R948.53	Child care worker leaving child unattended
R948.55	Leaves/stores a loaded firearm within reach of a child and child unlawfully obtains and causes bodily harm or death
R948.60	Possession of a dangerous weapon by a child
R948.605	Gun-free school zones
R948.61	Possession of a dangerous weapon other than a firearm in school zone
R948.62	Receiving stolen property from a child if value does not exceed $500
R948.63	Receiving property from a child—Dealer
R948.70	Tattooing of children
R949.17	Fraudulent claim as victim of crime
R951.01	Definitions relating to crimes against animals
R951.015	Construction and application
R951.02	Mistreating animals
R951.025	Decompression prohibited
R951.03	Dognapping/catnapping
R951.04	Leading animal from motor vehicle
R951.05	Transportation of animals
R951.06	Use of poisonous or controlled substance on animal
R951.07	Use of certain animal devices
R951.08	Instigating fights between animals
R951.09	Shooting at caged or staked animals
R951.095	Harassment of police or fire animals
R951.097	Harassment of service dog
R951.10	Sale of baby rabbits, chicks or other fowl
R951.11	Artificially colored animals; sale
R951.13	Providing proper food and drink to confined animal
R951.14	Providing proper shelter
R951.15	Abandoning animals
R951.16	Investigation of animal cruelty complaints
R951.18	Pecuniary loss
R961.01	Uniform Controlled Substances Act
R961.14	Possession of marijuana
R961.38	Improper use of prescription
R961.41	Prohibited acts A—Penalties
R961.573	Possession of drug paraphernalia
R961.574	Manufacture/delivery of drug paraphernalia
R961.575	Delivery of drug paraphernalia to a minor
R961.576	Advertisement of drug paraphernalia

 

The provisions of Wis. Stats. § 101.123 (known as "Wisconsin's Smoke Free Law"), as affected by the provisions of 2009 Wisconsin Act 12, and as may from time to time be amended, are hereby adopted by reference and made a part of this Code of Ordinances. The following amendments and modifications, however, are made to the foregoing Wis. Stats. § 101.123 that is so adopted by reference, as allowed under Wis. Stats. § 101.123(4m):

A.

The phrase "enclosed place" means a structure or area that is bounded by a floor, a roof, and three or more substantial walls.

B.

The phrase "substantial wall" is any temporary or permanent wall which:

(1)

Does not have any openings to the outside of the structure; or

(2)

If there are openings in the wall to the outside of the structure, then the combined surface area of the said openings in the wall is less than twenty-five percent of the total surface area of the wall.

C.

For the purpose of determining the amount of the surface area of openings to the outside of the structure in a wall:

(1)

Only that portion of an opening that permits the free flow of air from the outside of the structure into the inside of the structure shall be considered an "opening".

(2)

Fully or partially closed portions of the windows, doors, or any other type of opening in the wall shall not be considered an "opening" (i.e., only the unclosed and open portion of any window, door, or other type of opening shall be considered an "opening").

(3)

Openings to the outside in a wall of the structure have both an interior side and exterior side. In the event the interior side and the exterior side of the opening are not equal in area, then the smaller area of the two sides of any opening shall be considered the "opening".

(4)

Screens that are a part of a door, window, or any other type of opening, and which are covered in any manner to prevent a free flow of air through the screen (such as, but not limited to, attaching a plastic film to the screen) shall not be considered part of the "opening" in the wall.

The penalty provisions contained in Wis. Stats. § 101.123 shall apply to violations of this Chapter 12.

Penalties.

(a)

Any person who violates sub. [subsection] (2) shall be subject to a forfeiture of not less than one hundred dollars [and] no more than two hundred fifty dollars for each violation.

(d)

Except as provided in par. [paragraph] (dm) or (em), any person in charge who violates sub. [subsection] (2m) (b) to (d) shall be subject to a forfeiture of one hundred dollars for each violation.

(dm)

For violations subject to the forfeiture under par. [paragraph] (d), if the person in charge has not previously received a warning notice for a violation of sub. [subsection] (2m) (b) to (d), the law enforcement officer shall issue the person in charge a warning notice and may not issue a citation.

(em)

No person in charge may be required under par. [paragraph] (d) to forfeit more than one hundred dollars in total for all violations of sub. [subsection](2m) (b) to (d) occurring on a single day.

(Ord. 1318 (part), 2007)

(Ord. No. 1368, 6-28-2010; Ord. No. 1385, 9-13-2011)