CHAPTER VII
Offenses Endangering Public Safety, Peace, Morals and Property
7.01 OFFENSES ENDANGERING PUBLIC SAFETY.
(A) DISCHARGING FIREARMS, SLINGSHOTS, BOWS, ARROWS, AND AIR SPRING AND GAS CARTRIDGE GUNS PROHIBITED.
(1) No person, shall fire or discharge any cannon, rifle, shotgun, pistol, bow, arrow, spear, spring, air gun or any firearms of any description within the City limits. Except as provided in (2) below, this subsection shall be deemed to prohibit hunting within the City.
(2) EXCEPTIONS:
(a) Hunting. A shotgun, muzzle loader, bow, arrow or crossbow or other like weapon or instrument may be discharged for hunting purposes within the areas described for hunting purposes within the areas described below. A map of said hunting areas shall be approved annually by the Board of Park Commissioners after consideration of input from the Mississippi Valley Conservancy and the Department of Natural Resources. The map shall be provided to the City Clerk for distribution upon request, said map shall be accordance with the following standards:
(i) Property acquired with the Knowles-Stewardship grants within the boundaries of the areas defined in the agreement between the City of La Crosse and Mississippi Valley Conservancy called the Bluffland Preservation Program.
(ii) Areas designated by the Park Board within the City limits that are part of an approved DNR animal management plan. These areas will be designated for a specific period of time for the purpose of controlling animal populations, such as the deer management plan.
(iii) Projectiles from such weapons or instruments shall not:
(a) Be discharged within three hundred (300) feet of a structure.
(b) Cross over ground within three hundred (300) feet of a structure.
(c) Come to rest within three hundred (300) feet of a structure.
A “structure” means any manmade, above-ground object with form, shape and utility that is permanently attached to, placed upon or set into the ground, street bed or lake bed, including, but not limited to roofed and walled buildings, gas or liquid storage tanks, bridges or dams.
(b) Law enforcement officers of the City, County, State and Federal Government may carry and discharge firearms or instruments as part of their official responsibilities.
(c) Guns, bows, crossbows and other weapons or instruments as described herein may be discharged within the confines of a gun or bow club or target range that has been authorized and properly zoned by the City and is properly supervised by the owners or operators of such facility.
(d) State hunting and firearm regulations shall apply where they are more restrictive that those provided herein.
(e) The Chief of Police may grant written permission, which permission shall limit the time and fix the place of the use of any firearm, weapon or instrument. Said permissions shall be subject to be revoked at any time after it may have been granted.
(3) PENALTY. Any person who violates, disobeys or refuses to comply with, or who resists the enforcement of any provisions of this ordinance shall upon conviction be fined not less than One Hundred ($100.00) nor more than One Thousand Dollars ($1,000.00) for each such offense, together with the costs prosecution. (#4527-11/12/09)
(B) CARRYING DANGEROUS WEAPONS PROHIBITED.
It is unlawful for any person, other than a policeman or other officer authorized to maintain the peace and to serve process, persons maintaining a license or permit from the Wisconsin Department of Regulation and Licensing, pursuant to sec. 440.26, Wis. Stats., and those persons maintaining a guard permit issued by the City Police Department upon compliance with certain minimum State proficiency standards provided for in Wisconsin Administrative Code, RL 3.41, to carry or wear any pistol, slingshot, knuckles, bowie or switchblade knife, dirk or other dangerous weapon, provided that such persons issued a guard permit by the City Police Department or any security personnel shall not remove any weapons used in their employment from the place of employment after hours of employment. In all cases of conviction hereunder, any and all dangerous weapons found on the person of the convicted shall be confiscated and become the property of the City and may be destroyed by order of the court. (Am. Ord. 2645 - 8/14/80)
(D) BURNING OF TRASH, GRASS AND REFUSE RESTRICTED.
(1) No person shall kindle or maintain a grass fire, bonfire, or rubbish fire or authorize any such fire to be kindled or maintained within the City without a permit from the City Fire Department or other proper authorization.
(2) No person shall burn any refuse in streets or alleys. No garbage shall be burned. No cans, cartons or any other substance which would create offensive, obnoxious fumes and/or odors shall be burned. (Am. Ord. #3112 - 1/12/89)
(3) Recreational fire (such as a campfire located at a residence for the purposes of recreation and personal enjoyment) shall comply with the following requirements:
(a) Recreational fires shall be no closer than ten (10) feet from any structure or any other combustible material.
(b) Fires shall be contained in a portable device that is placed upon a secured non-combustible surface, or constructed of a non-combustible material and placed on a non-combustible surface.
(c) Only portable devices or non-combustible structures with lids and ember arresting screens shall be used and remain intact during use for any such recreational fire.
(d) Fires shall not be started at a time or maintained when the wind speeds exceed fifteen (15) miles per hour and smoke from recreational fires shall not create a nuisance for neighboring property owners. No recreational fires shall be started when the wind will cause smoke, combustibles or other materials to be carried by the wind toward any building or other combustible or flammable materials.
(e) Materials for recreational fires shall not include rubbish, garbage, recyclable items, trash, yard waste or any materials made of or coated with rubber, plastic, leather or petroleum based materials made of or coated with rubber, plastic, leather or petroleum based materials and shall not contain any combustible or flammable liquids.
(f) Adequate fire suppression equipment, such as shovels, fire extinguishers or water hoses or containers shall be present to extinguish or control fires at all times.
(g) Fires shall be attended at all times by at least one responsible person of age sixteen or older.
(h) It is the duty of any renter or lessee at a dwelling to notify and obtain written permission from the property owner prior to initiating any recreational fire.
(i) Citations may be issued for failure to comply with the above regulations and the property owner, renter or lessee shall be held liable for any damage caused by any recreational fire, including the cost of citations.
(j) Only clean and untreated wood may be burned.
(1) Recreational fires shall not be permitted from 12:00 a.m. to 7:00 a.m.
(k) Authorized campgrounds and City parks shall be exempt from the provisions of this subsection. However, the same shall be subject to any applicable regulations or permit requirements.
(l) Only the provisions of paragraph (a) and (d) above apply to propane and natural gas fireplaces. (2nd Am. Ord. #4118 – 9/11/03)
(E) CAUSING FIRES BY TOBACCO SMOKING.
The provisions of Section 254.76 of the Wis. Stats. and any amendments thereto relating to Causing Fires by Tobacco Smoking is hereby adopted by reference. (Ord. #3575 - 10/10/95)
(F) SMOKING AND LITTERING PROHIBITED ON TRANSIT VEHICLES.
(1) No person shall smoke or light any cigarette, cigar, pipe or tobacco or any kind while in or riding upon any vehicle owned or operated by the City acting through its Municipal Transit Utility.
(2) No person shall consume any alcoholic beverage of any kind while in or riding upon any vehicle owned or operated by the City acting through its Municipal Transit Utility.
(3) No person shall throw or deposit any type of debris or waste material in or upon any vehicle owned or operated by the City acting through its Municipal Transit Utility while in or riding upon the same. (Am. Ord. #2794 - 7/14/83)
(G) FIREWORKS REGULATED AND PERMIT FEE REQUIRED.
(1) The provisions of Section 167.10 of the Wisconsin Statutes and any amendments thereto relating to the regulation of fireworks are hereby adopted by reference.
(2) All persons requesting a user’s permit from the Mayor shall include with the permit application an annual fee of thirty dollars ($30.00) payable to the City Treasurer which shall be the fee for the calendar year in which the permit is requested. (Ord. #4067 – 12/12/02)
(H) FALSE ALARMS PROHIBITED.
No person shall intentionally give a false alarm to any public officer or employee, whether by means of a fire alarm system or otherwise.
(I) STORAGE OF PERSONALTY.
(1) Nuisance.
Storage of old, unused stripped, junked, unlicensed, and other automobiles not in condition for normal use or in good and safe operating condition, and of any other vehicles, machinery, implements, and/or equipment and personal property of any kind which is no longer usable or being used for the purpose for which it was manufactured, which hereinafter are collectively described as "said personalty," for a period of FIVE days or more (except in licensed junk yards) is hereby declared to be a nuisance and dangerous to the public safety. (Am. Ord. #3285 - 3/14/91)
(2) Abatement By Owner.
The owner, owners, tenants, lessees, and/or occupants of any lot within the City upon which such storage is made, and also the owner, owners, and/or lessees of said personalty involved in such storage (all of whom will hereinafter be referred to collectively as owners), shall jointly and severally abate said nuisance by the prompt removal of said personalty to completely enclosed buildings authorized to be used for such storage purposes, or otherwise to remove it to a location without the corporate limits of the City and it shall be unlawful if said owners allow said nuisance to exist or fail to abate said nuisance. If said person responsible for abatement of nuisance does not abate the same within five (5) days as provided in (1), the Board of Public Works may cause said nuisance to be abated after providing fourteen (14) days notice with the cost of the same to be charged or assessed as a special charge under 66.60(16), Wis. Stats. (Ord. #3752 - 12/11/97)
(J) ABANDONMENT OF ENCLOSED APPLIANCE, BOX OR STRUCTURE.
It shall be unlawful for any person to abandon or place for pick up by a waste or recycling hauler any appliance, box or structure at any place or grounds or in any place which might be frequented by children and in which such children might be accidentally imprisoned unless the cover, door, hatch, access, entry and closing system elements have been completely removed prior to such abandonment or placement. (Ord. #4050 – 10/10/02)
(K) VACUUM TUBE DESTRUCTION.
All vacuum tubes which are being discarded shall be rendered harmless before abandoning the same in any place where injury might result in the implosion thereof.
(L) UNFENCED GRAVEL PITS, SAND PITS AND QUARRIES UNLAWFUL.
It shall be unlawful for any person to maintain or operate any gravel pit, sand pit, or quarry upon premises owned or controlled by him without fencing such gravel pit, sand pit, or quarry with a wire mesh fence at least 4 feet high; the wire meshing shall be no larger than 8 inches in size.
(M) OBSTRUCTING STREETS AND SIDEWALKS PROHIBITED.
No person either individually or in a group or a crowd shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, 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. (Ord. #3644 - 12/12/96)
(N) AISLES AND PASSAGE WAYS IN PUBLIC HALLS.
It shall be unlawful for the owner or lessee of any public place of amusement to obstruct, or allow others to obstruct, any of the aisles or passageways in or to the auditorium of such halls or places of amusement by placing therein any benches, chairs, stools or other articles that may tend to prevent free ingress or egress during the time that said places may be open to the public.
(O) LA CROSSE CENTER.
(1) No person shall sell, deal or traffic in, give away, or bring into any part of the La Crosse Center which is open to the general public any intoxicating liquors (as defined in Chapter 176, Wis. Stats.) or fermented malt beverage (as defined in Section 66.054, Wis. Stats.), except such persons as are the suppliers of or the agents or servants of such suppliers, or the agents or servants of the person or corporation holding the Class "B" Retailer's License for use in the La Crosse Center premises issued pursuant to Chapter 176 or Section 66.054, Wis. Stats.
(2) No person shall sell, deal or traffic in, give away, or bring into any part of the La Crosse Center which is open to the general public any goods, merchandise, beverages, or foodstuffs, except such persons as are suppliers of or the agents or servants of such suppliers, or the agents or servants of the person or corporation allowed by contract between the City of La Crosse and such person or corporation to sell the aforesaid articles in the aforesaid part of the La Crosse Center open to the general public without the express consent of the management of the La Crosse Center. (Am. Ord. 2648 - 9/11/80)
(3) Ticket Scalping Prohibited.
No person shall buy or sell any ticket to any event at the La Crosse Center for which tickets are required for entrance for more than the price printed on such ticket. (Am. Ord. #2703 - 10/7/81)
(P) SALES ON PUBLIC PREMISES. (LA CROSSE CENTER)
(1) Purpose.
It is hereby determined and declared that the use of certain public premises for the specific public purposes to which such premises are intended is pre-eminent. It is further determined and declared that sales on such public premises interferes with their use for their intended purposes. It is further determined and declared that the use of the public sidewalk, public parking lots, public parking ramps, public alleys and streets outside of the entrance to the La Crosse Center, or adjacent thereto, for sales interferes with the orderly ingress and egress to and from those premises and therefore with their use for their intended purposes.
(2) Regulations.
(a) It shall be unlawful for any person to sell, offer for sale, or give away, any goods, merchandise, foodstuffs, tickets or any other articles of any kind on public premises reserved for specific public purposes and posted as such without the express written consent of the custodian or director of such premises.
(b) It shall be unlawful for any person to sell, offer to sell, or give away, any goods, merchandise, foodstuffs, tickets or any other articles of any kind on any public street, public parking lot, public parking ramp, public alley or public sidewalk within the following boundaries: On the South by the South line of King Street, on the North by the North line of State Street, on the East by the East line of Fourth Street, on the West by the centerline of the Mississippi River Main Channel between the time four (4) hours immediately preceding the commencement of any scheduled event therein and the time one (1) hour immediately after the conclusion of any scheduled event therein. (Am. Ord. #2648 - 9/11/80, Am. Ord. - #2703 - 10/7/81, Am. Ord. #2791 - 6/9/83 & Am. Ord. #3l50 - 6/8/89)
(3) Penalty.
Any person who shall violate any of the provisions of this section or amendments or additions thereto shall, upon conviction thereof, be required to forfeit not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00) together with costs of prosecution and in default of payment thereof shall be committed to the County Jail for a period not to exceed ninety (90) days. (Ord. #2943 Created 12/12/85)
(Q) CLINGING TO MOVING MOTOR VEHICLE.
(1) No person shall attach himself or cling to a moving motor vehicle on any portion thereof not designed or intended for the use of passengers.
(2) No operator of any motor vehicle shall permit any person to attach himself or cling to a moving motor vehicle on any portion thereof not designed or intended for the use of passengers. (Am. Ord. #2712 - 12/10/81)
(R) SALE OF DANGEROUS WEAPONS TO MINORS.
It shall be unlawful for any person to sell or transfer possession of, with or without consideration, any device designed as a weapon and capable of producing death or great bodily harm, such as, but not limited to, a firearm, slingshot, knuckles, bowie or switchblade knife, dirk, sai, shuriken (throwing stars), tonfa, three-sectional staff, nunchaku, or other dangerous weapons to a minor. (Ord. #2892 - 2/14/85)
(S) REGULATION OF SMOKING IN PUBLIC CONVEYANCES AND SPECIFIED PLACES.
The provisions of Section 101.123 and Section 165.87(2)(a) relating to Wisconsin's Clean Indoor Air Law which regulates smoking in public conveyances and specified places is hereby adopted by reference, including any revisions or amendments thereto. (Ord. #3245 created 10/11/90)
(T) ADULT-ORIENTED ESTABLISHMENTS.
(1) Purpose and Intent. The Common Council finds that adult-oriented establishments exist within the City of La Crosse and that their nature, design and intended use is conducive to high-risk sexual behavior. Such high-risk sexual behavior has the potential of exposing persons to, among other things, the Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). AIDS is currently determined to be irreversible and uniformly fatal. This section is created to provide minimum standards for such adult-oriented establishments in order to protect the general health, safety and welfare of the public, by regulating those features of adult-oriented establishments which tend to facilitate and promote high-risk behavior and by providing regulations which aid in the surveillance and detection of unlawful activities within such premises.
(2) Definitions. In this section, the following words and phrases shall have the meaning as indicated, unless the context expressly requires otherwise:
(a) "Adult-oriented establishment" means, but is not limited to, adult bookstores, adult motion picture theaters and any other premises to which public patrons or members are invited or admitted and which are so physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purposes of viewing adult-oriented videotapes, films, motion pictures, or other offered adult entertainment, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.
(b) "Adult bookstore" means an establishment having as its stock in trade, for sale, rent, lease, inspection or viewing books, films, video cassettes, motion pictures, magazines or other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specified anatomical areas, and in conjunction therewith have facilities for the presentation of adult entertainment, including adult-oriented videotapes, films, motion pictures or other offered entertainment, for observation by patrons therein.
(c) "Adult motion picture theater" means an enclosed building used for presenting materials having as its dominant theme, or distinguished or characterized by an emphasis on, matters depicting, describing or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.
(d) "Adult entertainment" means any exhibition of any videotape, film or motion picture of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated specified sexual activities or specified anatomical areas.
(e) "Door, curtain or portal partition" means a nontransparent closure device which prevents activity taking place within a booth, room or cubicle from being seen or viewed.
(f) "Operator" means any person operating, conducting, maintaining or owning any adult-oriented establishment.
(g) "Specified sexual activities" means simulated or actual:
1. Showing of human genitals in a state of sexual stimulation or arousal;
2. Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sado-masochistic abuse, fellatio or cunnilingus;
3. Fondling or erotic touching of human genitals, pubic region, buttock or female breasts.
(h) "Specified anatomical areas" means:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola;
2. Human male genitals in a discernible turgid state, even if opaquely covered.
(3) Regulation of adult-oriented establishments. Any adult-oriented establishment having available for customers, patrons or members any booth, room, or cubicle for the private viewing of any adult entertainment shall comply with all of the following requirements:
(a) Each such booth, room or cubicle shall be totally accessible to and from aisles and public areas of the adult-oriented establishment, and shall be unobstructed, in total or in part, by any door, curtain or portal partition.
(b) Each such booth, room or cubicle shall:
1. Be separated from all adjacent booths, rooms and cubicles and any non-public areas by a partition. All partitions shall be solid and without any openings, and shall extend from the floor to a height of not less than 6 feet. All partitions shall be light colored, non-absorbent, smooth textured and easily cleanable.
2. Have at least one side totally open to a public lighted aisle so that there is an unobstructed view at all times of anyone occupying such booth, room or cubicle.
3. Have a floor which is light colored, non-absorbent, smooth textured and easily cleanable.
4. Be lighted in such a manner that a person in the booth, room or cubicle is reasonably visible from the adjacent public rooms or areas, but such lighting shall not be of such intensity as to prevent the viewing of videotapes, motion pictures or other offered entertainment.
(c) No more than one person shall occupy any such booth, room or cubicle at any time. No occupant of any such booth, room or cubicle shall engage in any sexual activity, or cause any bodily discharge, or litter while in the booth, room or cubicle. No person shall alter, damage or deface any portion of any such booth, room or cubicle in such a manner that it no longer complies with the provisions of this chapter.
(d) The premises of the adult-oriented establishment shall be maintained in a clean and sanitary manner at all times.
(4) Inspection and Enforcement.
(a) The City Inspection Department shall periodically inspect the adult-oriented establishments within the City to determine compliance with the provisions of this ordinance.
(b) The City Police Department and La Crosse County Health Department shall assist the City Inspection Department in the enforcement of the ordinance.
(5) Penalty.
(a) Every act or omission by an employee constituting a violation of the provisions of this chapter shall be deemed the act or omission of the operator if such act or omission occurs either with the authorization, knowledge, or approval of the operator or as a result of the operator's negligent failure to supervise the employee's conduct. In such event, the operator shall be punishable under Subsection (b) for such act or omission in the same manner as if the operator committed the act or caused the omission.
(b) Any person who violates, or knowingly allows or permits any violation of, any provision of this chapter, shall forfeit an amount not exceeding $1,000.00 for each offense. Each day, or portion thereof, that a violation of this chapter exists or continues to exist shall constitute a separate offense. (Ord. #3418 created 5/13/93)
(U) TATTOOING OF CHILDREN.
(1) The provisions of Section 948.70 of the Wisconsin Statutes, exclusive of any penalties provided therein, are hereby adopted by reference, including any revisions or amendments thereto.
(2) Any person who shall violate this subsection shall be required to forfeit not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00) per violation together with the costs of prosecution plus any and all other penalty assessments and fees imposed by the State of Wisconsin.
(V) STORAGE OF JUNKED AUTOMOBILES.
(1) The applicable provisions of Section 175.25 of the Wisconsin Statutes, entitled "Storage of junked automobiles", including any revisions or amendments thereto, are hereby adopted by reference.
(2) "Junked automobile" shall mean any automobile or motor vehicle which is incapable of operation or use upon a highway or which has been dismantled for parts or scrap. (Ord. #3448 created 10/14/93)
(W) NEGLIGENT HANDLING OF BURNING MATERIAL.
The provisions of Section 941.10 of the Wisconsin Statutes relating to the negligent handling of burning material are hereby adopted by reference except the penalty provision contained therein. (Ord. #3712 created 6/12/97)
(X) SMOKE-FREE RESTAURANT REGULATIONS.
(1) Intent and Purpose.
The City Council declares that this Ordinance is not intended to include establishments traditionally known as bars or taverns.
(2) Definitions.
(a) “Accessory Seating” can include tables and chairs or booths in the immediate vicinity of the bar.
(b) “Documentation” shall be no less than a letter from the business establishment’s accountant that identifies the source of sales that come from food, alcohol and other category.
(c) “Full Service Bar” means a counter-like object with accessory seating for customers, over which fermented malt beverages or intoxicating liquors are sold for consumption upon the premises. A service bar without accessory seating for customers shall not be considered a full service bar.
(d) “Full Service Bar Area” means the full service bar and the area immediately adjacent to the full service bar.
(e) “Private Club” means churches, religious, fraternal, youths’ or patriotic organizations, service clubs or civic organizations which prepare and serve or sell meals to members and guests only. When a private club is open to the public it does not meet this definition.
(f) “Restaurant” shall mean an establishment as defined in Section 254.61(5), Wisconsin Statutes, except that such definition does not include arenas and sports coliseums that are municipally owned facilities issued a “Class B” permit for sale of intoxicating liquor by the State of Wisconsin.
(g) “Room” shall mean a space within a building completely enclosed with walls, partitions, floor and ceiling, except for openings for light, ventilation, ingress and egress.
(h) “Separately ventilated” shall mean that the area is ventilated so that there is a negative air pressure in the designated smoking area.
(i) “Service Bar” means an area without accessory seating for customers, at which fermented malt beverages or intoxicating liquors are prepared for service with meals.
(j) “Smoking” shall mean to smoke or carry a lighted pipe, cigar, cigarette or tobacco-related product in any form.
(3) Except as provided in paragraph (a) below, it shall be unlawful for any person to smoke tobacco products in all enclosed, indoor areas of restaurants:
(a) Exceptions.
(i) Full service bar area and accessory seating.
(ii) The owner or proprietor may designate a smoking room which is separately ventilated from each and every other area of the establishment.
(iii) Restaurants.
1. Restaurants with a seating capacity of fifty (50) persons or less.
2. Restaurants with class B license whose sale of alcoholic beverages account for 33% or more compared to the sale of food of the most recent alcohol licensing year shall comply with Sec. 101.123, Wisconsin Statutes, the Clean Indoor Air Act.
(iv) Private clubs. Private clubs shall provide a nonsmoking section for customers and otherwise comply with Sec. 101.123, Wisconsin Statutes, the Clean Indoor Air Act.
(v) The current owner and licensee of the restaurant premises, Marge’s on Rose, Inc. d/b/a Marge’s Restaurant located at 833 Rose Street with address also known as 518 St. James Street and the restaurant of Kathleen Secor d/b/a K&H Café located at 1125 Gillette Street having been exempt because of the requisite cost of repairs shall continue to be exempt from the smoke-free restaurant regulations. (Ord. #3872 - 12/9/99 & Am. Ord. #4219 – 3/10/05)
(4) Signs prohibiting, prohibiting except in designated areas, or permitting smoking, as the case may be, shall be posted conspicuously at every entrance and in prominent locations throughout the premises by the proprietor or other person in charge of each building, structure or public place. Signs shall contain a reference that regulation is by ordinance, such as “No Smoking - City Ordinance #,:” “Smoking Prohibited by City Ordinance Except in Designated Areas”, or equivalent. The proprietor or other persons in charge of premises regulated hereunder shall further make reasonable efforts to prevent smoking in prohibited areas by:
(a) Approaching smokers who fail to voluntarily comply with this section and request that they extinguish their smoke and to refrain from smoking upon witnessing the same or upon request of any person.
(b) Any other means which may be deemed appropriate by said proprietor, including refusal of service to anyone smoking in a prohibited public area.
(5) Restaurants shall post, in a conspicuous place at each entrance normally used by the public, a sign not smaller than eleven by eight and one-half inches (11” x 8 ½”) indicating whether they are smoke-free. Each sign shall contain a non-emergency number for the City Police Department.
(6) It shall be unlawful for any person to remove, deface, or destroy any legally required “No Smoking” sign, or to smoke in any place where any such sign is posted.
(7) It shall be the duty of the Chief Inspector or designee, and/or the Chief of Police or designee, and they shall have the power, whenever they may deem it necessary, to enter upon the premises named in this section to ascertain whether signs required are posted, and to order the posting of such signs where required. A compliance time of not less than one week shall be granted. Upon failure to comply with such written or verbal order, a citation may be issued. This enforcement procedure shall be supplementary to the prosecution of complaints by the City Attorney through issuance of a summons and complaint.
(8) Penalty.
(a) Any owner or proprietor of an establishment who violates any provision of this section shall be required to forfeit not less than ten dollars ($10) nor more than fifty dollars ($50) plus costs. Each day of violation shall constitute a separate violation.
(b) Any customer of an establishment who violates for the first time any provision of this section shall be required to forfeit not less than fifty dollars ($50) plus costs. For a violation committed within twelve (12) months of a previous violation, a customer shall be required to forfeit not less than one hundred dollars ($100) plus costs.
(c) Any person who violates for the first time shall be required to forfeit not less than ten dollars ($10) nor more than fifty dollars ($50) plus costs. For a violation committed within twelve (12) months of a previous violation, a person shall be required to forfeit not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) plus costs.
(9) Severability. The provisions of this section are severable. If any provision of this section is held to be invalid or unconstitutional or if the application of any provision of this section to any person or circumstance is held to be invalid or unconstitutional, such holding shall not affect the other provisions or applications of this section which can be given effect without the invalid or unconstitutional provisions or applications. It is hereby declared to be the intent of the Common Council that this section would have been adopted had any invalid or unconstitutional provision or applications not been included herein.
(Ord. #3852 created 9/9/99)
7.02 OFFENSES ENDANGERING PUBLIC PEACE AND GOOD ORDER.
(A) RESISTING OR OBSTRUCTING OFFICER.
(1) Definitions.
(a) "Obstructs" includes without limitation knowingly giving false information to an officer or knowingly placing physical evidence with the intent to mislead an officer in the performance of the officer's duty, including the service of any summons or civil process.
(b) "Officer" means a peace officer or other public officer or public employee having the authority by virtue of the officer's position or employment to take another into custody.
(2) Prohibition. No person shall knowingly resist or obstruct an officer while the officer is doing any act in an official capacity and with lawful authority. (Ord. #3532 Repealed and recreated 1/12/95)
(B) REFUSING TO AID OFFICERS.
No person shall, without reasonable excuse, refuse or fail upon command, to aid or obey any person known by the person to be a peace officer of the City.
(C) IMPERSONATING PEACE OFFICERS.
No person shall impersonate a peace officer with intent to mislead others into believing that the person is actually a peace officer.
(D) DISORDERLY CONDUCT.
No person shall in a public or private place, engage in violent, abusive, indecent, profane, boisterous, unreasonably lewd, or otherwise disorderly conduct under circumstances in which such conduct tends to cause or provoke a disturbance.
(E) CONSUMPTION OR POSSESSION OF INTOXICANTS ON STREETS.
(1) No person shall consume any intoxicating liquor or fermented malt beverage while in or upon any public street, alley, sidewalk or other public way, except when such street or public way or portion thereof is included within an area for which the Common Council has granted a street privilege permit and for which the area is part of the licensed premises as approved by the Common Council.
(2) All purchases of alcoholic or fermented malt beverages by the glass or in open containers shall be consumed on the licensed premises where served and shall not be removed to thoroughfares, streets, or sidewalks in the City, except as permitted under (1).
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(3) No person shall be in possession of any open container containing alcoholic or fermented malt beverages on any thoroughfare, street, sidewalk or other public way, except as permitted under (1). No glass containers are allowed outside when a permit is granted under (1).
(4) Street Privilege Permits under this subsection may only be granted by the Common Council during the period of Memorial Day through Labor Day. Said Street Privilege Permit shall only be granted in accordance with the terms and conditions approved by the Common Council. (Am. Ord. #4096 – 6/12-03)
(F) HOSPITAL ZONES OF QUIET.
There is hereby created and established a zone of quiet in all territory embraced within a distance of 250 feet in each direction from every hospital. It shall be unlawful for any person to make, cause or permit to be made any unnecessary noise upon the public streets, avenues or alleys within any such zone of quiet, which disturbs or tends to disturb the peace and quiet of any of the inmates of any hospital located therein.
(G) NOISE CONTROL.
(1) Noise Prohibited.
It shall be unlawful to make, continue or cause to be made or continued any noise in excess of the noise levels set forth in Subsection (2) unless such noise be reasonably necessary to the preservation of life, health, safety or property.
(2) Measurement of Noise.
Any activity, not expressly exempted by this section which creates or produces sound, regardless of frequency, exceeding the ambient noise levels at the property line of any property (or, if a condominium or apartment house, within any adjoining apartment) by more than six decibels above the ambient noise levels as measured on the A-weighted scale of a sound meter and as designated in the following table, at the time and place and for the duration then mentioned, shall be deemed to be a violation of the ordinance, but any enumeration herein shall not be deemed to be exclusive. (Am. Ord. #2818 - l2/8/83)
Column I - 7:00 A.M. - 6:00 P.M. (all districts); Duration of Sound: Less than 10 minutes, 75 db; Between 10 minutes and 2 hours, 60 db; In excess of 2 hours, 50 db.
olumn II - 6:00 P.M. - 10:00 P.M. (residential districts) and 6:00 P.M. - 7:00 A.M. (all other districts); Duration of Sound: Less than 10 minutes, 70 db; Between 10 minutes and 2 hours, 60 db; In excess of 2 hours, 50 db.
Column III - 10:00 P.M. - 7:00 A.M. (residential districts); Duration of Sound: Less than 10 minutes, 60 db; Between 10 minutes and 2 hours, 50 db; In excess of 2 hours, 40 db. The districts referred to in the above table are the zoning districts of the City of La Crosse as defined in Chapter 15 of the Code of Ordinances of the City of La Crosse. In determining whether a particular sound exceeds the maximum permissible sound level in the above table: (1) sounds in excess of the residential district are violative of this section whether the sound originates in a residential district or any other district; (2) during all hours of Sundays and State and Federal holidays, the maximum allowable decibel levels for residential districts are as set forth in Column III of the table.
Sounds emanating from the operation of (1) motor vehicles on a public highway; (2) aircraft and/or ariport; and (3) outdoor implements such as power lawn mowers, snowblowers, power hedge clippers, nail guns, and power saws are exempt from the provisions of this section. Sounds emanating from lawful and proper activities on school grounds, play grounds, parks or places wherein athletic contests take place are exempt from the provisions of this ordinance. Sounds emanating from activities involving the production, processing, cleaning, servicing, testing or repair of materials, goods or products, electric or gas sub-stations, fire stations, police stations, post offices, railroad rights-of-way, but not including railroad yards and shops other than for passenger purposes, railroad commuter passenger stations, telephone exchanges, telephone transmission equipment buildings, and microwave-relay towers, water works, reservoirs, pumping stations and filtration plants, accessory radio and television antennas, maintenance and equipment storage buildings owned and operated by the City of La Crosse, are exempt from the provisions of this ordinance and shall be regulated in all respects by the noise provisions of the La Crosse Zoning Code, including but not limited to the permissible levels of noise and the boundary or location designation for the measurement of noise. Sounds emanating from “Oktoberfest” and “Riverfest” are exempt from the provisions of this ordinance but shall be subject to any conditions provided for within the permission to hold such event. A special event outdoor cabaret may be permitted to exceed the noise levels established in this ordinance in accordance with Section 20.04 of this code. (Am. Ord. #4159 – 1/8/04)
Limited exemption for construction noise. No person shall operate or permit the operation of any equipment used in construction work between the hours of 7:00 p.m. and 7:00 a.m. of the following day in such a manner as to unreasonably interfere with the peace, comfort, and quality of life of neighboring persons of ordinary sensibilities. The provisions of this limitation shall not apply to construction machinery when engaged in bona fide, temporary construction work between the hours of 7:00 a.m. and 7:00 p.m. of any day or between 7:00 p.m. and 7:00 a.m. of any day if the Board of Public Works following a public hearing before the Board of Public Works, approves temporary construction work between 7:00 p.m. and 7:00 a.m. Application for this temporary construction exemption may be made upon submitting a non-refundable $50.00 application fee on forms provided by the City Clerk. Notification of such exemption shall be provided to the Council Member of the district that such work will take place. A notice of such public hearing shall be at least ten (10) days prior to the date of the hearing to all owners of record, as listed in the Office of the City Assessor, and to all post office addresses of property in whole or in part, situated within three hundred (300) feet of the boundaries of the properties on which the construction is to take place. Such hour limitations shall not apply to emergencies where immediate action is required. Such construction noise on Saturday and Sunday shall be between 7:00 a.m. and 6:00 p.m. on Saturday and 9:00 a.m. to 5:00 p.m. on Sunday.
(3) Specific prohibition.
The operation, between 11:00 P.M. and 7:00 A.M., of any device for killing, trapping or repelling insects or other pests is prohibited if such device clearly produces audible sound beyond the property line of the property on which the device is located and such sound is emitted onto property zoned or used for residential or dwelling purposes, including trailer courts.
(Ord. #2905 - 5/9/85)
(H) LOUD NOISES PROHIBITED.
(1) It shall be unlawful for any person to create, assist in creating, permit, continue or permit the continuance of any unreasonably loud, disturbing or unnecessary noise in the City such as produces annoyance, inconvenience, discomfort, or hurt to any person, or to the enjoyment of property or comfort of any person, or affects the safety, health, or morals of the public.
(2) It shall be unlawful for any person to operate any mechanical device operated by gasoline, or steam, or otherwise, without having the same equipped and using thereon a muffler, in good working order and in constant operation to prevent excessive or unusual noise and annoying smoke, and no person shall use a muffler cutout, bypass or similar device.
(3) The operation or use of any automobile, motorcycle, or other vehicle, engine, or motor of whatever size, stationary or moving, when used on tracks or courses, not being public highway, between the hours of 10:30 P.M. and 8:00 A.M. on weekdays and 12:00 M. on Sundays shall be unlawful.
(4) As used in this Section, the word "person" shall extend and be applied to the lessor or landlord of any land, building or premises, his agent, the lessee, the occupant or person in charge of such building or premises, as well as to individuals.
(5) The landlord or lessor shall be given notice on at least two occasions of violations of this Section by the tenant(s) or occupant(s) and, upon the second and subsequent violation by the tenant, occupant or group of tenants at the same dwelling unit within a one (1) year period, the landlord or lessor may be cited for permitting or allowing a nuisance. The landlord or lessor shall be notified of all citations issued to their tenants or occupants for noise violations and shall only be subject to a penalty if such tenant(s) or occupant(s) has been convicted of violations of this section occurring within a one (1) year period nor shall the landlord or lessor be subject to a penalty if the landlord or lessor shows that all reasonable means have been taken and a sincere effort made to prevent continuous noise violations by their tenants or occupants. (Am. Ord. #3l60 - 7/13/89 & #3196 - 12/14/89)
(6) For the purpose of this Section, a nuisance is described as allowing continuous loud noises, music or parties, which tend to disrupt the common welfare of a neighborhood or community. ([4], [5] and [6] - Am. Ord. 2646 - 8/14/80)
(I) UNLAWFUL INTERFERENCE WITH RADIO, TELEVISION AND TELEPHONE RECEPTION.
(1) It shall be unlawful for any person knowingly or wantonly to operate or cause to be operated, any machine, devise, apparatus or instrument of any kind whatsoever within the city, the operation of which device shall cause reasonably preventable electrical interference with radio, television, wireless and land line telephone reception within the city; however, X-ray pictures, examinations or treatments may be
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made at any time if the machines or apparatus used therefore are properly equipped to avoid all unnecessary or reasonably preventable interference with radio reception and are not negligently operated.
(2) It shall be unlawful to operate any Citizens Band (CB) transmitting equipment with the intent of causing malicious radio frequency interference to Radio, TV, and Telephone Receiving equipment. The scope of this ordinance shall be as outlined in PL106-521 and shall follow all guidelines as set forth in the appropriate Federal Communications Commission (FCC) regulations.
Any CB operator who unintentionally causes radio frequency interference shall, after being formally informed, take any and all necessary action to eliminate the unintentional interference. If such an action cannot be met, the said operator shall cease to operate his equipment until such time as appropriate action can be taken by the said operator to cure the unintentional interference caused. If said operator continues to operate after this time and still continues to cause interference, such shall be in violation of this ordinance.
Any CB operator, who after investigation is found to cause intentional, wanton, malicious radio frequency interference as outlined in PL 106-521 and the appropriate FCC law, is in violation of this ordinance.
Exempted parties are defined as those licensed entities specifically mentioned in Public Law 106-521 and the appropriate FCC regulation(s).
(3) This section shall not be construed to embrace or cover the regulation of any transmitting, broadcasting or receiving instrument, apparatus or device used or useful in interstate commerce or the operation of which instrument, apparatus or device is licensed or authorized by or under the provisions of any statute or federal regulation. (Ord. #3501 - 8/11/94, #3578 - 11/9/95, 3rd Am. Ord. #3998 – 11/8/01 & Ord. #4129 – 11/13/03)
(J) ELECTRICAL INTERFERENCE OF MUNICIPAL RADIO SYSTEMS PROHIBITED.
(1) It shall be unlawful for any person to operate or cause to be operated any machine, device, apparatus or instrument of any kind whatsoever, the operation of which shall cause preventable electrical interference with the proper functioning of municipally owned and operated radio communicating systems of the City.
(2) When it appears to the police department that any machine, device, apparatus, or instrument is causing interference of the type prohibited herein, the police department shall serve written notice upon the person in charge of the machine, device, apparatus or instrument setting forth the basis of the complaint, and thereupon it shall be the duty of said person in charge to cooperate with the police department in determining by actual demonstration thereof whether such machine, device, apparatus or instrument is in fact causing interference of the type herein prohibited.
(3) If upon said demonstration it is found by the police department that any machine, device, apparatus or instrument is causing
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interference of the type herein prohibited, it shall be the duty of said person in charge within 30 days after written notice has been served upon him to entirely abate and discard the operation of such machine, device, apparatus, or instrument, unless it can be shown that the machine, device, apparatus or instrument can be adequately and practically filtered, shielded or otherwise remodeled so as to permit its operation without violation of this section, in which event it shall be the duty of said person in charge within the said thirty (30) days to properly filter, shield or otherwise remodel such machine, device, apparatus, or instrument so as to reduce said interference to within the limits set forth in this section. In the event such person shall fail to remedy such defects as hereinbefore provided, he may be prosecuted upon filing proper complaint.
(K) HARASSMENT OF POLICE ANIMALS.
The provisions of Wisconsin Statutes Section 951.095 entitled "Harassment of police animals" provided therein are hereby adopted by reference, including any revisions or amendments thereto. (Ord. #3790 recreated 7/9/98)
(L) INTERFERENCE WITH OPTICOM PRIORITY CONTROL SYSTEMS AT SIGNAL CONTROLLED INTERSECTIONS.
It shall be unlawful for any person other than City Fire Department or City Police Department personnel to operate or cause to be operated any optical emitter control device that produces and transmits a flashing optical signal so as to preempt, command, control, or interfere with official traffic control signals at highway intersections within the City of La Crosse that have an Opticom Priority Control System unless such person has prior written permission from the Fire Chief or Police Chief of the City of La Crosse. (Ord. #3151 created 6/8/89)
(M) TRUANCY PROHIBITED.
(1) It shall be unlawful for any child to be a truant.
(2) In this section, "truant" shall mean a pupil who is absent from school without an acceptable excuse under Section 118.15 and 118.16(4), Wisconsin Statutes, for part or all of any day on which school is held during a school semester.
(3) If the court finds that a person under the age of 18 has violated the provisions of this section, the court may enter a order for one or more of the following dispositions:
(a) An order for the person to attend school.
(b) A forfeiture of not more than $50.00 plus costs for the first violation, or a forfeiture of not more than $100.00 plus costs for any second or subsequent violation committed within 12 months of a previous violation, subject to Section 938.37 and subject to a maximum cumulative forfeiture amount of not more than $500.00 for all violations committed during a school semester. All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.
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(N) HABITUAL TRUANCY PROHIBITED
(1) It shall be unlawful for any child to be a habitual truant.
(2) In this section, "habitual truant" shall mean a pupil who is absent from school without acceptable excuse under Sections 118.15 and 118.16(4) for part or all of five or more days on which school is held during a school semester.
(3) If the court finds that a person under the age of 18 has violated the provisions of this section, the court may enter an order for one or more of the following dispositions:
(a) Suspension of the person's operating privilege, as defined in Section 340.01(40), Wis. Stats., for not less than 30 days, or more than one year.
(b) Order the person to participate in counseling or a supervised work program or other community service work as described in Section 938.34(5g). The costs of any such counseling, supervised work program, or other community service work may be assessed against the person, the parents, or guardian of the person, or both. Pursuant to Section 118.163(2)(b), any county department of human services or social services, community agency, public agency or non-profit charitable organization administering a supervised work program or other community service work to which a person is assigned pursuant to an order under this paragraph acting in good faith has immunity from any civil liability in excess of $25,000.00 for any act or omission by or impacting on that person.
(c) Order the person to remain at home, except during hours in which the person is attending religious worship or a school program, including travel time required to get to and from the school program or place of worship. The order may permit a person to leave his or her home if the person is accompanied by a parent or guardian.
(d) Order the person to attend an educational program as described in Section 938.34(7d), Wis. Stats.
(e) Order the Department of Industry, Labor and Human Relations to revoke the person's work permit.
(f) Order the person to be placed in a teen program, as described in Section 938.342(1g)(f), Wis. Stats.
(g) Order the person to attend school.
(h) Order a forfeiture of not more than $500.00 plus costs, subject to Section 938.37 (prohibiting costs against children under the age of 14). All or part of the forfeiture plus costs may be assessed against the person, the parents or guardian of the person, or both.
(i) Order any other reasonable conditions or restrictions consistent with this subsection, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults.
(j) Order the person placed under formal or informal supervision, as described in Section 938.34(2), Wis. Stats., for up to one year.
(k) Order the person's parent, guardian, or legal custodian to participate in counseling at the parent's, guardian's or legal custodian's own expense or to attend school with the person, or both. (Ord. #3803 recreated 9/10/98)
(O) CONTRIBUTING TO TRUANCY PROHIBITED.
The provisions of Section 948.45, Wis. Stats., entitled “Contributing to truancy” exclusive of any penalties provided therein are hereby adopted by reference, including any revisions or amendments thereto. (Ord. #3275 created 1/10/91 & Ord. #3458 – 12/9/93)
(P) UNLAWFUL USE OF TELEPHONE PROHIBITED.
The provisions of Section 947.012, Wis. Stats., entitled "Unlawful use of telephone" exclusive of any penalties provided therein are hereby adopted by reference, including any revisions or amendments thereto. (Ord. #3276 created 1/10/91.
(Q) HARASSMENT PROHIBITED.
The provisions of Section 947.013, Wis. Stats., entitled "Harassment" exclusive of any penalties provided therein are hereby adopted by reference, including any revisions or amendments thereto. (Ord. #3277 created 1/10/91)
(R) NEIGHBORHOOD QUIET ZONES.
(1) It shall be unlawful for any person to create, assist in creating, permit, continue to permit the continuance of any unreasonably loud, disturbing or unnecessary noise emanating from within Residential Neighborhood Quiet Zones, as established by the Common Council, between the hours of 10:30 p.m. and 6:00 a.m., such as produces annoyance, inconvenience, discomfort or hurt to any person, or to the enjoyment of property or comfort of any person, or affects the safety, health or morals of the public.
(2) As used in this subsection, the phrase "Neighborhood Quiet Zones" shall be defined as a residential area wherein not less than fifty-one percent (51%) of the residents eighteen (18) years of age and over or property owners in a non-business zoned area unless the owners of such businesses included within such quiet zone agree to the same and have successfully petitioned the Common Council to request such status. If a portion of the area requested for a neighborhood quiet zone is zoned other than residential, such portion would qualify if such area is being used for residential purposes and the owner of such property consents to such quiet zone. In arriving at the requisite percentage, each parcel of property or tax parcel shall be counted as one (1). The majority of residents eighteen (18) years of age and over occupying a parcel must sign the petition in order to constitute one (1) parcel towards the requisite number of residents. Posting of such Zones shall be in accordance with the procedures as established by the Common Council. The area shall not be less than one block in length on both sides of the street, unless otherwise approved by the Council in areas of irregular configuration. Smaller residential areas less than one block in length on both sides may be included within an existing contiguous quiet zone. A separate petition shall be filed for each block, or portion thereof. When the petition is filed with the City Clerk, it shall contain the requisite percentage of owners and/or residents and no signatures can be added or subtracted after it is filed with the City Clerk. All signatures on the petition shall be obtained within three (3) months from the date of the first signature or such petition shall be void. The Common Council shall not grant such status to any area less than that as prescribed above. Such status shall remain in effect for a period of at least one (1) year after which time utilizing the same guidelines as for the establishment of such status, it may be repealed by petition of the residents or owners subject to approval of the Common Council. Notice of public hearings to establish or repeal any residential neighborhood quiet zone shall be given to all record owners within the zone and any residents that signed any petition. A fee of Fifty Dollars ($50.00) shall accompany each petition. Petition forms shall be provided by the City Clerk's Office. The full fee may be waived upon approval by the Council in areas of irregular configuration, provided, however there shall be a fee of at least $50. (Ord. #3476 created 4/14/94, #3520 - 11/10/94, #3566 - 8/10/95, #3583 - 12/14/95, #3645 - 12/12/96, #3791 - 7/9/98, #4004 – 12/13/01, Am. Ord. #4131 – 11/13/03 effective January 1, 2004 & Ord. #4252 – 6/9/05)
(S) CERTAIN CONDUCT ASSOCIATED WITH PUBLIC INTOXICATION PROHIBITED.
(1) Declaration of Policy. It is the policy of the City of La Crosse to comply with Chapter 51, Wis. Stats., as well as provide for the safety, welfare and health of the public while prohibiting certain harmful conduct of intoxicated persons. Nothing within this ordinance is meant to contradict those elements proscribed under Chapter 51, Wis. Stats.
(2) Definitions.
(a) Public Place: includes a building or place owned or controlled by the City, a school, a place of public worship, any public street, including public sidewalk, alley, walk, or other publicly owned lands. Public place excludes the premises of a licensed alcohol establishment.
(b) Public nuisance: conduct by an individual which includes engaging in obnoxious behavior, being disoriented, falling, vomiting, public urinating, acting lewdly, loudly and/or combatively or being a danger to oneself or others.
(c) Intoxicated person: a person who is presently impaired, mentally or emotionally, as a result of the presence of alcohol in the person's body. Also included is any person presently impaired, mentally or emotionally, as a result of a drug or controlled substance, as that term is defined by the Wisconsin Statutes, in the body or a combination of alcohol and such other drugs or controlled substances. Evidence of an intoxicated person shall include a combination of the following indicators:
(1) odor of intoxicants on the breath,
(2) bloodshot eyes,
(3) dilated pupils,
(4) stumbling or staggering,
(5) slurred speech
(6) failure of Standard Field Sobriety Test.
(3) Intoxicated Person in Public Place Prohibited. No person in a public place shall conduct himself/herself so as to be:
(a) a danger to themselves or others and/or
(b) a public nuisance and
(c) intoxicated or incapacitated by alcohol or drug or controlled substance as defined above.
(4) No person shall be cited under this section without first having been offered and failed the Standard Field Sobriety Test; however, a person incapable and/or having refused the Standard Field Sobriety Test may still be cited under the criteria set forth in (2). No individual actively seeking medical treatment for an alcohol or other drug-related overdose will be subject to discipline for the sole violation of using or possessing alcohol. This policy shall extend to another individual seeking help for an intoxicated individual.
(5) Penalties.
(a) Persons found in violation of this ordinance for the first time shall be provided a written warning with conditions in lieu of a citation. The warning shall be conditioned on such person attending and successfully completing an evidence based alcohol education program sponsored by the police department. The failure to timely complete the alcohol education program shall result in the issuance of a citation and the prosecution of the same in the municipal court by the City. Successful and timely completion of the alcohol education program shall result in no further enforcement of the violation giving rise to the warning.
(b) The penalty for the first conviction of this ordinance shall be a forfeiture of not less than $150.00 plus penalty, costs and assessments, including the cost of transporting the individual to an approved treatment facility as provided for in Section 51.45(11), Wis. Stats. if the individual voluntarily agrees to be transported or is incapacitated so as to require transport. The second and any subsequent offense within a twelve (12) month period shall be not less than $400.00 plus penalty, costs and assessments, along with the cost of transporting the individual to an approved treatment facility as provided for in Section 51.45(11), Wis. Stats.
SECTION II: This ordinance shall take effect and be in force on April 1, 2008 and shall sunset on March 31, 2010. (Ord 4381 - 3/8/07, O 4425 – 3/13/08.)
SECTION III: Annual reports shall be provided by the Police Department in regard to this ordinance to the City of La Crosse, Tri-Campus Group, Tavern League and the Alcohol Oversight Committee.
7.03 OFFENSES ENDANGERING PUBLIC MORALS AND DECENCY.
(A) PROSTITUTION PROHIBITED.
Section 944.30 through 944.36 of the Wis. Stats. relating to prostitution, exclusive of the penalties provided therein, are hereby adopted by reference.
(B) GAMBLING AND LOTTERIES PROHIBITED.
All forms of gambling or lotteries are hereby prohibited except as otherwise authorized by Wisconsin Statutes.
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(C) INDECENT BEHAVIOR PROHIBITED.
It shall be unlawful for any person to appear in a public place in a state of nudity, or in an indecent or lewd dress, or to make any indecent exposure of his or her person, or be guilty of lewd or indecent behavior, or to perform any indecent or lewd act or representation.
(D) (Repealed by Ord. #3385 - 9/10/92)
(E) EXPOSING MINORS TO HARMFUL MATERIALS.
(1) Definitions. For purposes of interpretation in enforcement of this section, the definitions contained in Section (D) shall apply. In addition, as used in this section:
(a) "Knowingly" means having general knowledge of, or reason to know, or belief or ground for belief which warrants further inspection or inquiry of both:
(i) The character and content of any material described herein which is reasonably susceptible of examination by the defendant;
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(ii) The age of a minor.
(b) "Minor" means any person less than 18 years of age.
(2) It shall be unlawful for any person knowingly to distribute any material portraying sado-masochistic abuse, sexual conduct or nudity which is pornographic to a minor.
(3) It shall be unlawful for any person to exhibit a performance which portrays sado-masochistic abuse, sexual conduct or nudity to a minor. It shall be a violation of this section if any person for a monetary consideration or other valuable commodity or service knowingly:
(a) Exhibits such pornographic performance to a minor; or
(b) Sells an admission ticket or other means to gain entrance to such pornographic performance to the minor; or
(c) Permits the admission of the minor to premises whereon there is exhibited a pornographic performance.
(4) It shall be an element of the offense if a person fails to exercise reasonable care in ascertaining the true age of the child.
(5) Proof that the defendant demanded, was shown and acted in reliance upon any of the following documents as proof of the age of a child, shall be a defense to any prosecution under this section: A document issued by the federal government or any state, county or municipal government or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registration certificate issued under the Federal Selective Service Act or an identification card issued to a member of the armed forces.
(6) Any person under 18 years of age who falsely states, either orally or in writing that he is not under the age of 18 years, or who presents or offers to any person any evidence of age and identity which is false or not actually his own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material, is guilty of a violation of this ordinance.
(F) LOITERING PROHIBITED.
(1) It shall be unlawful for a person to 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 the person or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a police officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances makes it impracticable, a peace officer shall prior to any arrest for an offense under this section, afford the actor 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 any offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at the trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm. (Am. Ord. #3178 - 9/14/89 & #3646 - 12/12/96)
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(2) Loitering after being requested to move.
(a) Obstructing public ways. No person shall obstruct any street, bridge, sidewalk or crossing by loitering in or upon the same after being requested to move on by any police officer.
(b) In groups or crowds. No person shall loiter in a group or a crowd upon the public streets or sidewalks, or in adjacent doorways or entrances, or on street crossings or bridges or in any other public place or on any private premises without invitation from the owner or occupant, after being requested to move on by any police officer or by any person in authority at such places.
(c) In places of public assembly or use. No person shall loiter in or about any depot, theater, dance hall, restaurant, store, sidewalk, parking lot, or other place of assembly or public use after being requested to move on by any police officer or by the owner or other person in charge of such place. Upon being requested to move, a person shall comply immediately with such request by leaving the premises or the area.
(d) When signs posted. No person shall loiter on private property posted by means of a sign or signs prohibiting such conduct after being requested to leave by the owner, person in charge, or their agent. (Ord. #3646 - 12/12/96)
(G) CURFEW.
(1) No child between the age of 15 years and 17 years of age, inclusive, shall loiter, idle or remain, and no parent or guardian shall knowingly permit his child or ward of such age to loiter, idle or remain in or upon any of the streets, alleys or public places in the City between the hours of 11:00 P.M. and 5:00 A.M., Sunday through Thursday and between the hours of 12:30 A.M. and 5:00 A.M., Friday and Saturday, provided, however between June 1 and August 31 in each year, such restrictions shall apply between 12:30 A.M. and 5:00 A.M., Sunday through Saturday, unless such child is accompanied by a parent, guardian or some person of lawful age having legal custody of such child.
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(2) No child between the age of 12 and 14 years of age shall loiter, idle or remain, and no parent or guardian shall knowingly permit his child or ward of such age to loiter, idle or remain in or upon any of the streets, alleys or public places in the City between the hours of 10:00 P.M. and 5:00 A.M., Sunday through Thursday and between the hours of 11:00 P.M. and 5:00 A.M. Friday and Saturday provided, however, between June 1 and August 31 in each year, such restrictions shall apply between 11:00 P.M. and 5:00 A.M., Sunday through Saturday unless such child is accompanied by a parent, guardian or some person of lawful age having legal custody of such child.
(3) No child age 11 years of age or under shall loiter, idle or remain, and no parent or guardian shall knowingly permit his child or ward of such age to loiter, idle or remain in or upon any of the streets, alleys or public places in the City between the hours of 10:00 P.M. and 5:00 A.M., Sunday through Saturday, unless such child is accompanied by a parent, guardian or some person of lawful age having legal custody of such child.
(4) This subsection shall not be construed to prohibit the following:
(a) A child from performing an errand or duty if directed by his or her parent or guardian.
(b) A child from performing an emergency errand.
(c) A child from pursuing the duties of his or her employment in an expeditious and orderly manner.
(d) A child from returning home by the most direct route from places of business, amusement or private homes.
(e) A child from going directly to or from religious or school activities. (Am. Ord. #2854 - 6/14/84 & Ord. #3955 – 3/8/01)
(H) (Repealed by Ord. #3914 – 6/8/00)
(I) ANIMALS AND BIRDS - ABUSE.
(1) It shall be unlawful for any person to cruelly beat, expose to the elements without proper covering and protection, overdrive, overload, maim, wound, torture, cruelly beat or kill, or fail to provide the necessary food, water, or shelter, or in any manner injure or abuse any animal.
(2) It shall be unlawful for any person to molest, rob or attempt to molest or rob in any manner the nest of birds or wild fowl or the natural dwelling place of any wild animal, not to injure or abuse any bird, wild fowl or wild animal without prior authority from the Board of Park Commissioners or a representative thereof. The prohibition herein shall not be construed to interfere with the use and maintenance of private land, trees or shrubbery by the owner or agent of the owner of said land, nor with the use, maintenance or development for purposes of public good of public land by the City or its agents.
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(J) DISCRIMINATION IN HOUSING, USE OF CITY FACILITIES AND PUBLIC ACCOMMODATIONS PROHIBITED.
(1) Declaration of Policy. The practice of providing equal opportunities in housing, places of public accommodations and amusement, and City facilities without regard to sex, race, religion, color, national origin or ancestry, age, disability, marital status, lawful source of income, physical appearance, sexual orientation, political activity, familial status, or the fact that such person is a student as defined herein is a desirable goal of the City of La Crosse and a matter of legitimate concern to its government. Discrimination against any of La Crosse’s citizens or visitors endangers the rights and privileges of all. Denial of equal opportunity in housing compels individuals and families who are discriminated against to live in dwellings below the standards to which they are entitled. Denial of equal opportunity in public accommodations subjects those discriminated against to embarrassment and creates distress and unrest within the community. Provision for adequate safeguards against such discrimination is a proper and necessary function of City government. In order that the peace, freedom, safety and general welfare of all inhabitants of the City may be protected and ensured, it is hereby declared to be the public policy of the City of La Crosse to foster and enforce to the fullest extent the protection by law of the rights of all of its inhabitants to equal opportunity to housing, the use of City facilities and places of public accommodations and amusement without regard to sex, race, religion, color, national origin or ancestry, age, disability, marital status, lawful source of income, physical appearance, sexual orientation, political activity, familial status, or the fact that such person is a student as defined herein. (2nd Am. Ord. #4262 – 7/14/05)
(2) Definitions.
(a) Public place of accommodation or amusement shall include those accommodations, facilities and services which a person holds out to be open to the common and general use, participation, and enjoyment of the public for any purpose. The term “public place of accommodation or amusement” shall be interpreted broadly to include, but not be limited to, places of business or recreation, hotels, motels, resorts, restaurants, taverns, barber or cosmetologist, aesthetician, electrologist or manicuring establishments, nursing homes, clinics, hospitals, cemeteries, and anyplace where accommodations, amusements, goods or services are available either free or for a consideration, except where such a broad interpretation would deny to any person rights guaranteed by the constitutions of Wisconsin or the United States.
(b) “Commission” shall mean the City of La Crosse Equal Opportunities Commission and “Commissioner” shall mean a member thereof.
(c) “Complainant” shall mean any person who files a complaint with the Commission under this ordinance.
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(d) “Discriminate” and “discrimination” mean to segregate, separate, exclude or treat any person or class of persons unequally because of sex, race, color, disability, sexual orientation, religion, national origin or marital status of the person maintaining a household, familial status, lawful source of income, age or ancestry, domestic partners, political activities or student status. It is intended that the factors set forth herein shall be the sole basis for prohibiting discrimination. (2nd Am. Ord. #4262 – 7/14/05)
(e) “Domestic Partners” or “Domestic Partnership” is defined as individuals who:
(i) Are responsible for each other’s common welfare.
(ii) Are not married to anyone.
(iii) Are at least 18 years of age.
(iv) Are not related by blood to a degree that would bar marriage in the State of Wisconsin.
(v) Meet the following conditions within their relationship:
a. The relationship has been in existence for a period of at least 12 consecutive months.
b. The individuals have at least two of the following (and can provide documentation if requested):
1) Domestic partnership agreement.
2) Joint mortgage, lease, or title.
3) Designation of domestic partner as beneficiary for life insurance or retirement contract.
4) Durable property or health care powers of attorney.
5) Joint ownership of motor vehicle, joint checking account, or joint credit account.
(f) “Disability” means a physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such an impairment. “Disability” does not include the current illegal use of a controlled substance, as defined in s. 961.01(4), Wis. Stats., or a controlled substance analog, as defined in s. 961.01(4m) in a supervised drug rehabilitation program. (2nd Am. Ord. #4262 – 7/11/05)
(g) “Hearing” shall mean a hearing under the jurisdiction of the Commission except where otherwise indicated.
(h) “Housing” means any improved property, including any mobile home as defined in Sec. 66.058, Wis. Stats., which is used or occupied, or is intended, arranged, or designed to be used or occupied, as a home or residence.
(i) “Owner-occupied dwelling” shall mean a building used for human habitation in which the owner thereof maintains his permanent living quarters.
(j) “Person” shall include any individual, partnership, labor or other association, corporation, legal representative, receiver, trustee, trustee in bankruptcy or other fiduciary, or the lessee, proprietor, manager, employee or any other agent of any such person.
(k) “Physical appearance” means the outward appearance of any person, irrespective of sex, with regard to hair style, beards, manner of dress, weight, height, facial
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features, or other aspects of appearance. It shall not relate, however, to the requirement of cleanliness, uniforms, or prescribed attire, if and when such requirement is uniformly applied for admittance to a place of public accommodation or amusement for a reasonable business purpose.
(l) “Source of income” shall include, but not be limited to, monies received from public assistance, pension and supplementary security income. Source of income shall be limited to legally derived income.
(m) “Political Activity” shall mean conduct which is generally protected by the First Amendment to the United States Constitution relating to government, the conduct of government, or concerned with the making of governmental policy and which is not pre-empted by state or federal law. (2nd Am. Ord. #4262 recreated 7/14/05)
(n) “Probable cause” shall mean reasonable grounds to believe that a violation of this ordinance may have occurred or may be occurring.
(o) “Respondent” shall mean any person who, according to the allegations contained in any complaint filed with the Commission, has allegedly violated any discriminatory practice prohibited by this ordinance and has been named in the complaint as a respondent.
(p) “Student” shall mean a person who is enrolled in a college, university, technical college, accredited trade school, or apprenticeship program.
(q) “Unimproved residential lot” means any residential lot upon which no permanent building or structure containing living quarters has been constructed.
(r) “City” or “City of La Crosse facilities” shall mean all those facilities wholly or partially within the corporate limits of the City of La Crosse, Wisconsin which are owned by, leased to, operated by or within the control of the City of La Crosse, Wisconsin.
(3) Housing Discrimination Prohibited. Except in the individual home wherein the renter or lessee would share common living areas with the owner, lessor, manager or agent, it is unlawful for any person to discriminate:
(a) By refusing to sell, lease, finance or contract to construct housing or by refusing to discuss the terms thereof.
(b) By refusing to permit inspection or exacting different or more stringent price, terms or conditions for the sale, lease, financing or rental of housing.
(c) By refusing to finance or sell an unimproved residential lot or to construct a home or residence upon such lot.
(d) By publishing, circulating, issuing or displaying, or causing to be published, circulated, issued or displayed, any communication, notice, advertisement or sign in connection with the sale, financing, lease or rental of housing, which states or indicates any discrimination in connection with housing.
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(e) For a person in the business of insuring against hazards, by refusing to enter into, or be exacting different terms, conditions or privileges with respect to, a contract of insurance against hazards to a dwelling.
(f) By refusing to renew a lease, causing the eviction of a tenant from rental housing or engaging in the harassment of a tenant.
(g) In providing the privileges, services or facilities that are available in connection with housing.
(h) By falsely representing that housing is unavailable for inspection, rental or sale.
(i) By denying access to, or membership or participation in, a multiple listing service or other real estate service.
(j) By coercing, intimidating, threatening or interfering with a person in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, a right granted or protected under this ordinance, or with a person who has aided or encouraged another person in the exercise or enjoyment of a right granted or protected under this ordinance.
(k) By otherwise making unavailable or denying housing.
(l) Exceptions.
(i) Nothing in this section shall prohibit discrimination on the basis of age in relation to housing designed to meet the needs of elderly individuals.
(ii) Nothing in this section shall prohibit a person from exacting different or more stringent terms or conditions for financing housing based on the age of the individual applicant for financing if the terms or conditions are reasonably related to the individual applicant.
(iii) Nothing in this section shall prohibit the development of housing designed specifically for persons with a handicap and discrimination on the basis of handicap in relation to such housing.
(iv) Nothing in this ordinance shall prevent any person from renting or leasing housing, or any part thereof, to solely male or female persons if such housing or part thereof is rented with the understanding that toilet and bath facilities must be shared with the lessor or with other tenants.
(v) Requiring References. Nothing in this section prohibits an owner or agent, from requiring that any person who seeks to buy, rent or lease housing supply information concerning family, marital, financial and business status but not concerning race, color, physical condition, developmental disability as defined in Wis. Stat. 51.01(5), sexual orientation, political beliefs or creed.
(vi) It is not discrimination based on family status to comply with any federal, state or local government restrictions relating to the maximum number of occupants permitted to occupy a dwelling unit.
(m) Representations Designed to Induce Panic Sales. No person may induce or attempt to induce any person to sell, rent or lease any dwelling by representations regarding the present or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, sexual orientation, political beliefs, student status, or economic status, or by representations to the effect that such present or prospective entry will or may result in:
(i) The lowering of real estate values in the area concerned;
(ii) A deterioration in the character of the area concerned;
(iii) An increase in criminal or antisocial behavior in the area concerned; or
(iv) A decline in the quality of the schools or other public facilities serving the area.
(4) Public Place of Accommodation or Amusement. It shall be an unfair discrimination practice and unlawful and hereby prohibited:
(a) For any person to deny to another, or charge another a higher price than the regular rate for the full and equal enjoyment of any public place of accommodation or amusement because of her/his sex, race, religion, color, national origin or ancestry, age, disability, marital status, domestic partnership status, lawful source of income, physical appearance, sexual orientation, political activity, familial status or the fact that such person is a student as defined herein. (2nd Am. Ord. #4262 – 7/14/05)
(b) For any person to directly or indirectly publish, circulate, display, or mail any written communication which s/he knows is to the effect that any of the facilities of any public place of accommodation or amusement will be denied to any person by reason of her/his sex, race, religion, color, national origin or ancestry, age, disability, marital status, domestic partnership status, lawful source of income, physical appearance, sexual orientation, political activity, familial status or the fact that such person is a student as defined herein, or that the patronage of a person is unwelcome, objectionable or unacceptable for any of these reasons. (2nd Am. Ord. #4262 – 7/14/05)
(c) For any owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation or amusement to refuse to permit an eyesight impaired, hearing impaired, or mobility impaired person to enter or use any such accommodations as are available, for the reason that the person is being assisted by an animal specially trained to assist such person if:
(i) Such animal is wearing a harness or appropriate collar with identification; and
(ii) The person has presented, for inspection, credentials issued by a bona fide school for training such animals.
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(d) Subsection (5) does not prohibit special services, rates or benefits provided to any person because she or he is fifty (50) years old or older.
(5) City Facilities. It shall be an unfair discrimination practice and unlawful and hereby prohibited for any person, public official, employee, agent, agency, authority, board, commission or committee of the City of La Crosse to deny any person, the use of City facilities or otherwise discriminate against any person in the use of City facilities because of sex, race, religion, color, national origin or ancestry, age, disability, marital status, lawful source of income, physical appearance, sexual orientation, political activity, familial status or the fact that such person is a student as defined herein. (2nd Am. Ord. 4262 – 7/14/05)
(6) City of La Crosse Equal Opportunities Commission. The Mayor, subject to confirmation by the Common Council, shall appoint a City of La Crosse Equal Opportunities Commission, consisting of seven (7) members, one of whom shall be designated President by the members of the Commission. Members shall be appointed from among the residents of the entire City, and shall be committed to the principle of equal opportunities. They shall receive no compensation for their services.
(a) The Commission members shall be appointed for terms of three (3) years and their terms shall run until their successors are appointed and confirmed. Terms shall expire on March 1st. The members of the Equal Opportunities Commission shall have staggered terms with the original term to be for a period of two (2) years for two members, three (3) years for three members and four (4) years for two members. (Ord. #4282 – 9/8/05)
(b) The Commission shall have the following powers and duties:
(i) To adopt, amend, publish and rescind rules for governing its meetings and hearings;
(ii) To adopt, amend, publish and rescind regulations consistent with, and for the enforcement of this ordinance;
(iii) To request assistance from other City employees, and staff as are necessary to promote the purposes of this ordinance, and to prescribe their duties;
(iv) To receive, initiate and investigate all complaints alleging discriminatory practice with respect to any discriminatory practice prohibited by this ordinance;
(v) To appoint mediators who initially shall seek a settlement agreeable to both the complainant and the respondent by means of informal conferences;
(vi) If necessary, to hold hearings after efforts at settlement, based on complaints made against any person and a determination of probable cause; to administer oaths and take testimony; to compel the production of books, papers and any other documents relating to any matters involved in the complaint; and to subpoena witnesses and compel their attendance. If a witness either fails or refuses to obey a subpoena issued by the Commission, the Commission may order attendance. At any time after it has issued such an order, the Commission may petition a court of competent jurisdiction for its enforcement;
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(vii) To issue, after hearing, such final orders as are necessary to promote the purposes of this ordinance;
(viii) Subject to hearing and due process and except as to the City, its officers, employees, boards, commissions and committees, to issue temporary orders effective for a maximum of twenty (20) days, absent extraordinary circumstances, restraining the respondent from taking any action which would tend to render ineffectual or unenforceable any order which the Commission might issue; (2nd Am. Ord. #4262 – 7/14/05)
(ix) To refer orders, under this ordinance, to the City Attorney to be enforced by him in the name of the City of La Crosse;
(x) To make available to the public, in writing, copies of: 1) minutes of all of its proceedings except initial settlement efforts by its mediators, (2) all temporary and final orders and (3) all decisions and opinions rendered;
(xi) To require a written report of the manner of compliance with any final order it may issue; and
(xii) To recommend to the Mayor and the Common Council any legislation necessary to further promote the purposes of this ordinance, and to file annual written reports of its work to the Mayor and the Common Council on or before June 30 of each year.
(xiii) To enter into cooperative agreements with the Wisconsin Department of Workforce Development, Equal Rights Division which agreements shall provide that the City of La Crosse Equal Opportunities Commission shall refer those complaints which are covered under Wisconsin Housing or Public Accommodation laws which would require significant investigation and which would exceed the annual budget of the Commission. (2nd Am. Ord. #4262 – 7/14/05)
(xiv) To educate the people of La Crosse regarding all types of discrimination.
(xv) To the extent permitted by law, the Commission shall keep confidential the complaint, the investigation, inquiry and proceedings relative to complaints filed with the Commission.
(7) Enforcement Procedure.
(a) Complaint. Except as otherwise provided in this Section, any complaint alleging discrimination prohibited by this ordinance shall be in writing. Such complaints may be initiated by: (1) the complainant, (2) any agent of the complainant, or (3) any member of the Commission on his own initiative. All complaints shall contain the following: (2nd Am. Ord. #4262 – 7/14/05)
(i) The name and address of the complainant;
(ii) The name and address of the respondent or respondents;
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(iii) A statement setting forth the particulars of the alleged discrimination or discriminatory practice; and
(iv) The date or dates of the alleged discrimination or discriminatory practice.
(b) Where Filed. Complaints shall be filed with the City of La Crosse Equal Opportunities Commission in the office of the La Crosse City Clerk, and may be filed in person or by mail.
(c) When Filed. Complaints alleging discrimination prohibited by this ordinance shall be filed no later than one hundred twenty (120) days after the complainant knew or should reasonably have known that the alleged act or acts occurred. (2nd Am. Ord. 34262 – 7/14/05)
(d) Notice to Respondent. Upon the filing of a complaint the Commission shall serve a copy thereof upon the respondent within twenty (20) days of said filing. (Ord. #3965 – 4/12/01)
(e) Amendment and Withdrawal. A complaint may be amended or withdrawn at any time with and subject to the approval of the Commission or its designated agent and under such terms as the Commissioner or agent shall direct.
(f) Investigations, Hearing, Determinations, Appeal.
(i) An independent fact finder, not a member of the commission, designated by the Commission shall promptly investigate all duly filed complaints. Within forty-five (45) days of the filing of each complaint, said fact finder should issue to the complainant, respondent and the Commission an initial determination in writing of whether probable cause, as defined in these ordinance, exists, and setting forth the basis of the determination. The Commission may extend the time frames proved in this ordinance other than the time to appeal upon a showing of good cause. (Ord. #3965 – 4/12/01 & 2nd Am. Ord. #4262 – 7/14/05)
(ii) Should a determination be made that there is no probable cause to believe discrimination in violation of this ordinance has been, or is being committed, the complainant shall be afforded an opportunity to appeal such decision to the full Commission. Such appeal shall be in writing and served upon the Commission through the City Clerk of the City of La Crosse within forty-five (45) days of service of the Commission’s determination of no probable cause. Should the Commission then decide that there is no probable cause, the complainant may appeal to the Circuit Court of La Crosse County. Such appeal shall be made within forty-five (45) days of the complainant’s receipt of such final determination of the Commission. (2nd Am. Ord. #4262 – 7/14/05)
(iii) Should a determination be made that there is probable cause to believe discrimination in violation of these ordinances has been or is being committed, an outside mediator designated by the Commission shall endeavor by means of mandatory mediation to eliminate the alleged discriminatory practice. Both parties shall have a good faith obligation to participate in mediation. (2nd Am. Ord. #4262 – 7/14/05)
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(iv) In any case where efforts at settlement by means of mediation have failed to eliminate the discriminatory practice alleged by the Complaint, the Commission shall promptly cause to be issued a notice of hearing before the Commission to determine the merits of the complaint. Upon receipt of said notice, Respondent shall have twenty (20) calendar days to file and serve a written response. Such written response shall be served upon the Complainant and the City Clerk. (2nd Am. Ord. #4262 – 7/14/05)
(v)
(a) If after a hearing before the Commission, and on the basis of the official record made therein, the Commission finds that the respondent has engaged in or is engaging in any discrimination the Commission shall issue written findings of fact and conclusions thereon and shall order such action to be taken by the respondent and, where necessary, by the complainant, as will accomplish the purposes of these ordinances by eliminating the discrimination found. (2nd Am. Ord. #4262 – 7/14/05)
(b) A certified copy of such recommended findings, conclusions, and orders, together with a summary of the findings of fact shall be mailed to the last known addresses of the complainant and respondent.
(c) If within thirty (30) days following the mailing of the examiner’s decision the Commission does not receive notice of appeal, the findings, conclusions and orders of the examiner shall be the findings, conclusions and orders of the full Commission.
(d) Within thirty (30) days following the mailing of the Commission’s decision, the complainant or respondent may appeal by certiorari to the Circuit Court of La Crosse County. (2nd Am. Ord. #4262 – 7/14/05)
(e) Transfer of Proceedings. At any time after a finding of probable cause the Commission, with appropriate notice to the complainant and respondent, may transfer the proceedings to itself.
(f) Disqualification of Commissioners. No Commissioner who has filed a complaint on his own initiative under this ordinance shall participate in any subsequent hearing or proceeding except as a witness, nor shall he participate in the deliberations of the Commission in such case.
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(g) Judicial Enforcement. Whenever in the judgment of the Commission, judicial enforcement of a Commission order is necessary, the Commission shall in writing request the City Attorney to commence proceedings in a court of competent jurisdiction to enforce such orders in the name of the City of La Crosse. Upon receipt of any such request, the City Attorney shall have the duty to seek enforcement of such orders in a court of competent jurisdiction.
(h) The Commission shall use the following procedures in acting on all complaints alleging discrimination or substandard wages by the City of La Crosse.
(i) Upon receipt of a written complaint by the City Clerk naming the City of La Crosse as a respondent, a copy of such complaint shall be served on the City attorney, the Mayor and the Commission.
(ii) All discrimination complaints involving the City shall be referred to the Equal Rights Division (ERD) of the Wisconsin Department of Workforce Development or the U.S. Equal Employment Opportunity Commission (EEOC) or the U.S. Department of Housing and Urban Development (HUD), whichever may have jurisdiction over the complaint and the Commission shall take no action, but shall promptly refer the complaint to the ERD, EEOC or HUD for appropriate action as provided by law. The Complainant and respondent shall be informed of all such referrals. (2nd Am. Ord. #4262 created 7/14/05)
(8) Title. This ordinance shall be known as the City of La Crosse Equal Opportunities Ordinance.
(9) Severability. The provisions of this ordinance shall be severable and if any of the provisions shall be held in contravention of the Constitution and Laws of the State of Wisconsin, or of the United States, the validity of the rest of the ordinance shall not be affected. It is hereby declared to be the intent of this ordinance that the same would have been adopted had such unconstitutional or unlawful provisions, if any, not been included herein.
(10) Penalty.
(a) Any person violating any of the provisions of Subsection (4) or (5) of this section shall upon conviction be subject to a forfeiture of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(b) Any person violating any of the provisions of subsection (3) of this section shall be subject to a forfeiture as provided in Wisconsin Statutes s. 106.50 (6)(h); any such person who fails to comply with any lawful order of the Commission issued pursuant to such subsection (3) shall be deemed guilty of a violation of subsection (3), and every day or fraction thereof on which such person shall fail or neglect to comply with such order, shall be deemed a separate offense. (Ord. #3864 recreated 11/11/99 & Ord. #4036 – 8/8/02)
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7.04 OFFENSES AGAINST PUBLIC AND PRIVATE PROPERTY.
(A) LITTERING PROHIBITED.
No person shall throw, deposit, dump or discharge any glass, rubbish, filth or debris upon the streets, alleys, public parks or other property of the City or upon any private property not owned by him or upon the surface of any body of water in the City. No person shall operate on any street a vehicle with mud or dirt on its wheels or other parts if such operation results in depositing or tracking mud, dirt or debris on the street.
(B) DISTRIBUTION OF PRINTED MATTER LIMITED.
No person shall upon the public streets distribute any hand bill, circular, notice or printed matter of any kind if the distribution of such materials results in the littering of streets or other public ways.
(C) POSTING BILLS PROHIBITED.
No bill poster or other person shall post or in any other manner put up any written or printed bill, notice or advertisement upon any building or fence without the consent of the owner or lessee thereof.
(D) TRESPASS TO PROPERTY.
(1) No person shall intentionally enter or remain upon the property, premises or within the enclosure of another, without the consent or permission of the owner, agent or possessor. (Am. Ord. #2713 - 12/10/81)
(2) No person shall intentionally enter or remain upon the property or premises of another after having been notified by the owner, agent or possessor of the property or premises not to enter or remain on the property or under circumstances tending to create or provoke a breach of the peace. (Am. Ord. #2713 - 12/10/81)
(3) A person has received notice from the owner or occupant within the meaning of this subsection if he has been notified personally, either orally or in writing, or if the property is posted. For property to be posted, a sign at least 11 inches square must be placed in at least 2 conspicuous places. 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 property 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 property or in lawful possession of the property.
(4) "Property" includes real and personal property and includes but is not limited to boathouses, houseboats, motor vehicle dealership lots, ships or vessels, any building or dwelling, enclosed railroad cars, motor home or other motorized type of home or a trailer home, whether or not a person is living in such home.
(5) For purpose of this section, entry to a place during the time when it is open to the general public is with consent.
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(E) USE OF CERTAIN MOTOR DRIVEN CYCLES AND ALL-TERRAIN VEHICLES PROHIBITED.
It shall be unlawful for any person to operate a motor bicycle, motorcycle, motor driven cycle, power driven cycle or all-terrain vehicle as defined in Section 340.01 of the Wis. Stats., whether licensed or not on all public or private land without the consent of the owner. Nothing herein contained shall prohibit the operation of the above named cycles or vehicles on public streets, roadways and highways as otherwise authorized by Wisconsin Statute. (Am. Ord. #3368 - 6/11/92)
(F) DESTRUCTION OF PROPERTY PROHIBITED.
No person shall willfully, maliciously or wantonly break the glass on any street lamp post or in any window or sky light, or extinguish any lamp or climb upon any post, or destroy, remove, throw down or injure any fence or other enclosure on land belonging to or lawfully occupied by another, or interfere with any gate or bars in any such enclosure, or destroy, injure or carry away any tree or any plants, shrubs, vegetables or any other growing thing on the premises lawfully occupied by another, or tear down, mutilate, deface or injure any building, signboard, fence or railing, being the property of another; or shall willfully, maliciously or wantonly injure, destroy or remove any useful or ornamental tree or plant of any kind, or any vase, statue, arbor or stand or any other building or any other structure standing or being in any street or public ground, or destroy, mutilate or injure any milestone or board or guidepost; or shall willfully, maliciously or wantonly injure, deface or destroy any property not his own, whether real or personal, or whether belonging to any private person or to any private or public corporation.
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(G) SIGNS AND BANNERS ON UTILITY POLES AND ACROSS STREETS.
No person shall post, paint, paste, tack, fasten or attach in any manner, any hand bill, sign, banner, poster, placard, notice or advertisement upon any electric light, telephone pole, or other utility pole or on any wire attached thereto unless the same is first approved by the Board of Public Works. No person shall disfigure any such pole by cutting, marking or driving nails, brads, or other devices into said poles, provided, however, that nothing in this section shall prevent the City or County from attaching to said utility poles notices required by law or legal notices. No person shall hang or suspend any sign or banner over or across any street by fastening the same to any building, structure or utility pole, unless such sign or banner is first approved by the Board of Public Works. (Am. Ord. #3786 - 6/11/98)
(H) THEFT.
The provisions of Section 943.20 (1) and (2) of the Wis. Stats. relating to theft are hereby adopted by reference.
(I) RECEIVING STOLEN PROPERTY.
No person shall intentionally receive or conceal stolen property.
(J) FRAUD ON HOTEL OR RESTAURANT KEEPER.
The provisions of Section 943.21 (1) and (2) of the Wis. Stats. relating to fraud on hotel or restaurant keeper are hereby adopted by reference.
(K) RETAIL THEFT.
1. The provisions of Wis. Stat. Sec. 943.50 and any amendments, revisions and modifications of said statute, exclusive of any provisions therein relating to penalties to be imposed, are hereby adopted by reference. (Ord. #2746 - 8/12/82).
2. Any person who shall violate this subsection or amendments or additions thereto shall be required to forfeit not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) together with the cost of prosecution and in default of payment thereof shall be committed to the County Jail for a period not to exceed ninety (90) days provided, however, the Municipal Judge may, in his discretion, reduce the forfeiture to a minimum of $67.50 including costs. (Am. Ord. #2962 - 3/13/86)
(L) REMOVAL OF SHOPPING CART.
The provisions of Section 943.55 of the Wis. Stats. relating to removal of shopping cart without authorization is hereby adopted by reference.
(M) DESTRUCTION OF NOXIOUS WEEDS AND CUTTING OF GRASS.
(1) It shall be the duty of every owner, possessor or occupier of land within the City, or of every person having charge of any such lands, to cut or cause to be cut or otherwise destroy all noxious weeds, grass or other growth detrimental to the health and safety of the citizens of the community growing thereon, as
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often as may be necessary to prevent such grass or other detrimental growth from blooming or before they grow to a height of more than 10 inches. (Am. Ord. #3225 - 7/12/90)
(2) In case the owner, possessor or occupier of land, or the person in charge thereof, shall refuse or neglect to comply with the provisions of this section within the time limited herein, the Weed Commissioner shall serve personally or by mail a copy of this ordinance together with a notice to said owner, possessor or occupier of land to cut or cause to be cut or destroyed all said noxious weeds or other growths herein enumerated, within a period of five (5) days from and after service of such notice.
(3) In case such owner, possessor or occupier shall fail to conform with the provisions of this section within the time limited therefor in said notice, served as aforesaid, it shall be the duty of the Weed Commissioner to cause all of the said noxious weeds or growths to be cut down, charging the cost thereof to each piece of land, describing the same, and upon nonpayment of such charges, the amounts due shall be filed with the City Clerk, who shall enter the amount chargeable to each tract of land in the next tax roll as tax on the lands upon which such weeds were destroyed, and shall be collected as all other taxes.
(N) LIBRARY BOOKS AND OTHER PERSONAL PROPERTY REGULATIONS.
(1) No person shall fail, on demand, to return any book, periodical, pamphlet, picture or other article or property belonging to or in the charge of the La Crosse Public Library, also known as La Crosse Public Library, Inc., (hereinafter Library), or any of its branches, according to the rules and regulations duly made and adopted by the Library Board, and no person shall remove from the Library or any of its branches any book, periodical, pamphlet, picture or other article or property without first having it charged as provided by such rules and regulations.
(2) No person shall mar, deface, or in any other way damage or mutilate any book, periodical, pamphlet, picture or other article or property belonging to or in the charge of the Library, or any of its branches.
(3) Section 943.60 of the Wisconsin Statutes relating to theft of library material, exclusive of the penalties provided therein, is hereby adopted by reference.
(4) Any person convicted of a violation of the provisions of this subsection shall forfeit not less than $20.00 and no more than $500.00 and the costs of prosecution, and in default of payment of such forfeiture and the costs of prosecution, shall be imprisoned in the County Jail until payment of such forfeiture and costs of prosecution are paid, but not for more than ninety (90) days. Where there is more than one book, periodical, pamphlet, picture or other article or property involved in any violation, each such items shall constitute a separate offense. The Municipal Judge is hereby empowered to suspend payment of all or any portion of the forfeiture imposed if the person convicted of such offense makes restitution in full to the Library Board for any damage or mutilation or returns such item or items to the Library Board within fifteen (15) days of conviction thereof. (Am. Ord. #2638 - 7/10/80)
(O) INJURY OR REMOVAL OF STREET SIGNS, ETC.
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(1) No person may injure, deface or remove any street sign, highway sign, guideboard, milepost, signal or marker erected by the City for the warning, instruction or information of the public.
(2) No person may possess any street sign, highway sign, guideboard, milepost, signal or marker of type erected by the City for the warning, instruction or information of the public, unless the person can demonstrate that he or she obtained it in a legal manner. Possession of such sign, guideboard, milepost, street sign, highway sign, signal or marker creates a rebuttal presumption of illegal possession. In this subsection, "possession" means the presence of such a sign, guideboard, milepost, signal or marker on premises owned or controlled by the person, including but not limited to a rented apartment, rented room or dormitory room. Persons who voluntarily notify a law enforcement agency of the presence on their premises of such a sign, guideboard, milepost, signal or marker shall be exempt from prosecution under this subsection.
(3) On conviction of any person of a violation of this section, the person or persons who informed against and aided in the prosecution of such offense to conviction shall be paid by the City one-half of the amount of the fine paid into court, or $50.00 as a reward, whichever is greater.
(4) Any person who violates this subsection shall be fined $100.00 for the first violation, $200.00 for a subsequent violation and for failure to pay the same may be imprisoned in the county jail up to 90 days. The court may, in addition, order any such person either to restore or replace any such damaged sign, milepost, signal or marker, or to pay the costs thereof. (Am. Ord. #2704 - 10/7/81)
(P) DISPOSAL OF SNOW ON PRIVATE PROPERTY.
No person shall deposit snow or ice upon any private property not owned by them, without the express or implied consent of the owner of such private property, in such quantities so as to obstruct ingress and egress from said private property or to a height and depth of three feet or more. (Am. Ord. #2717 - 2/11/82)
(Q) ATTEMPTED THEFT.
(1) No person shall attempt to commit a theft as defined by Section 7.04(H) of this Code.
(2) An attempt to commit a theft requires that the actor have an intent to perform acts and attain a result which, if accomplished, would constitute such theft and that he does acts towards the commission of the theft which demonstrate unequivocally, under all the circumstances, that he formed that intent and would commit the theft except for the intervention of another person or some other extraneous factor. (Ord. #2774 - 4/14/83)
(R) UNAUTHORIZED CONNECTIONS TO COMMUNITY ANTENNA TELEVISION SYSTEMS.
(1) Definitions:
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(a) "Person" shall include any person, corporation, firm or association of persons.
(b) "Television Services" shall include services and programming offered to subscribers for a fee or charge by a television system.
(c) "Television System" shall include any cable television system, multi-point distribution system (MDS), subscription television system (STV), or any other system for the dissemination of electronic audio, visual, or digital signals to subscribers residing within the City.
(d) "Unauthorized connection" shall include any connection, whether physical, electrical, or inductive, to any component of a television system, which connection is not authorized by said television system.
(2) It shall be unlawful for any person to make or maintain an unauthorized connection to any television set or any cable, wire, or other component of a television system, in such a manner as to permit interception or reception of any television services carried by a television system, without authorization of said television system.
(3) It shall be unlawful for any person to attach or permit the attachment of any device to any television set or any cable, wire or other component of a television system capable of intercepting or receiving television services carried by a television system, without authorization of said television system.
(4) It shall be unlawful for any person to make or maintain any modification or alteration to any device installed by or with the authorization of a television system, in such a manner as to permit interception or reception of television services carried by a television system, without the authorization of said television system.
(5) It shall be unlawful for any person knowingly and willfully to assist any other person or persons to commit any act prohibited by this ordinance.
(6) In any prosecution under this subdivision, proof that telecommunications equipment, including, without limitation, any cable television converter, descrambler, or related equipment, has been tampered with or otherwise intentionally prevented from performing its functions of control of service delivery without the consent of the supplier of the service, or that telecommunications equipment, including, without limitation, any cable television converter, descrambler, receiver, or related equipment, has been connected to the equipment of the supplier of the service without the consent of the supplier of the service, shall be prima facie evidence that the resident or person to whom the service which is at the time being furnished by or through such equipment has, with intent to avoid payment by himself or another person for a prospective or already rendered service, created or caused to be created with reference to such equipment, the condition so existing. A person who tampers with such device or equipment without the consent of the supplier of the service shall be prima facie evidence to do so with intent to avoid, or to enable another to avoid, payment for the service involved. (Am. Ord. #2868 - 8/9/84)
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(S) OFFENSES RELATING TO COMPUTERS.
The provisions of Section 943.70 of the Wisconsin Statutes and any amendments, revisions or modifications of said Statute, exclusive of any provisions therein relating to penalties to be imposed, are hereby adopted by reference. (Ord. # 2986 Created 7/10/86)
(T) DAMAGE TO PROPERTY BY TENANTS.
(1) It shall be unlawful for any person leasing, renting or in possession of the property of another, whether real or personal, to intentionally cause or knowingly permit such property to be materially damaged, defaced, or destroyed, without the owner's consent.
(2) Materially damaged, defaced or destroyed means that the property is reduced in value by more than $250. For the purposes of this subsection, property is reduced in value by the amount which it would cost either to repair or replace it, whichever is less.
(3) In any prosecution under this subsection, proof that the property has been materially damaged, defaced or destroyed without the owner's consent, shall be prima facie evidence that the tenant, lessee or person in possession of the property of another intentionally caused or knowingly permitted such property to be materially damaged, defaced or destroyed.
(4) Any person who violates this subsection shall be subject to a forfeiture of not less than $250.00 nor more than $1,000.00 together with the costs of prosecution for the first violation and not less than $500.00 for any subsequent violation or more than $1,000.00 together with the costs of prosecution and in default of payment thereof may be committed to the County Jail for a period not to exceed ninety (90) days provided, however, the Municipal Judge may, at his discretion, provide for a forfeiture of not less than $125.00 plus the costs of prosecution. (Ord. #3054 created 2/15/88)
(U) SKATEBOARDS, ROLLER SKATES, ROLLER SKIS, PLAY VEHICLES, IN-LINE SKATES AND MOTORIZED SCOOTERS, MINI-BIKES, SKATEBOARDS AND GO-CARTS.
(1) It shall be unlawful for any person to operate or ride a skateboard, roller skates, roller skis, or play vehicle as defined in sec. 340.01, Wis. Stats. in any of the following places:
(a) On any City street.
(b) On any sidewalk in any business district as defined in Section 340.01(6), Wis. Stats., except that this prohibition does not apply to children twelve (12) years of age and under when such children are under adult supervision. Ord. #3634 - 11/14/96)
(c) In any public parking ramp or parking lot.
(d) On any public property where signs prohibit it.
(e) On private property, unless permission has been received from the owner, lessee or person in charge of that property.
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(2) In addition to the prohibitions under Section 346.94(17), Wis. Stats., no person riding upon in-line skates as defined in Section 340.01, Wis. Stats., may go upon any of the following places:
(a) On the roadway of any State or US highway within the City of La Crosse, including State Highways 35, 16 and 33, as well as US Highways 61, 14 and 53.
(b) On any sidewalk in the downtown La Crosse area bounded by 2nd Street, King Street, 6th Street and State Street.
(c) In any public parking ramp or public parking lot.
(d) On any public property where signs prohibit it.
(e) On private property, unless permission has been received from the owner, lessee or person in charge of that property.
(3) In-line skate regulations
(a) STATE LAWS APPLICABLE. Every person using in-line skates upon a public roadway shall be subject to the provisions of all ordinances and State laws applicable to the operator of any vehicle, except those provisions which by their nature would have no application.
(b) RIDING ON ROADWAY.
(i) Every person using in-line skates on a two-way public street or alley shall keep as close to the right-hand curb as possible and shall proceed with traffic. Every person using in-line skates upon a one-way public street or alley shall proceed in the direction of the one-way traffic.
(ii) Every person using in-line skates upon a roadway shall ride single file on all public roadways which have center lines or have lines indicated by painting or other markings. On public roadways and alleys not divided by painted or other marked center lines or lane lines, in-line skaters may ride two abreast.
(iii) Persons using in-line skates upon a public roadway shall not impede the normal and reasonable movement of motor vehicle traffic.
(c) CLINGING TO MOVING VEHICLES. It shall be unlawful for any person using in-line skates to cling to or attach to any bicycle or other moving vehicle upon a public roadway.
(d) OBSERVANCE OF TRAFFIC REGULATIONS. Every person using in-line skates upon a public roadway shall stop for all stop signs and traffic signals.
(e) YIELDING TO TRAFFIC. The operator of a vehicle shall yield the right-of-way to a user of in-line skates in the same manner as for bicyclists and pedestrians under section 346.23, section 346.24, section 346.36 and section 346.38, Wis. Stats. When using in-line skates, every person shall,
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upon entering a public roadway, yield the right-of-way to motor vehicles, except that a person using in-line skates shall be subject to the same regulations as bicyclists and pedestrians under section 346.23, section 346.24, section 346.37 and section 346.38, Wis. Stats.
(f) EQUIPMENT REGULATIONS. Every person using in-line skates during hours of darkness shall be equipped with a lamp emitting a white light visible from a distance of at least 500 feet to the front and with a reflector to the rear. The reflector shall not be less than 2 inches in diameter. A lamp on the rear exhibiting a red light may also be used. (Ord. #3634 - 11/14/96)
(4) Operators or riders of skateboards, roller skates, roller skis, in-line skates or play vehicles shall yield the right of way to other pedestrians using City sidewalks, and shall not otherwise endanger or interfere with pedestrian traffic on those sidewalks. (Ord. #3042 created 10/8/87 & #3634 - 11/14/96)
(5) No person shall operate any motorized scooter, motorized mini-bike, motorized skateboard or motorized go-cart on any street, sidewalk or public property in the City. A motorized scooter is a vehicle that is designed to be stood or sat upon by the operator and that has two wheels and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. A motorized scooter shall not include a device defined as an electric personal assistive mobility device under Wis. Stats. Section 340.01(15pm). (Am. Ord. #4263 – 7/14/05)
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(V) REGULATION OF HISTORIC SHIPWRECKS.
(1) Purpose. It is hereby declared a matter of public policy that historic shipwrecks, which means a vessel or wreck, its cargo and other contents that have been deserted and to which the owner has relinquished ownership rights with no retention, shall be protected to the extent consistent with the provisions of Public Law 100-298, known as the "Abandoned Shipwreck Act of 1987" in order to:
(a) Maximize the enhancement of cultural resources.
(b) Foster a partnership among sport divers, fishermen, archeologists, salvors and other interests to manage shipwreck resources of the City of La Crosse, State of Wisconsin and the United States.
(c) Allow for appropriate public and private sector recovery of shipwrecks consistent with the protection of historical values and environmental integrity of the shipwrecks and the sites.
(2) Permit Required. It shall be unlawful for any firm, person or corporation to salvage or otherwise remove any vessel or wreck, its cargo, or other contents of a shipwreck which is listed on the National Register of Historic Places or eligible for such registration which lies in the waters within the corporate limits of the City of La Crosse which has been deserted, and, to which the owner has relinquished ownership rights with no retention, unless a permit has been secured as provided for in this subsection.
(3) Application for Permit. Application for a permit to salvage or remove artifacts from any abandoned shipwreck defined herein shall be made by addressing a letter to the City Clerk, City Hall, La Crosse, Wisconsin. The letter should indicate the name of the person or group of persons and/or the name of an organization which desires to secure a permit hereunder. The addresses and telephone numbers of each interested person shall be furnished along with a non-refundable fee of $50. The application shall state the location of the proposed salvage and contain a statement, if applicable, from the riparian land owner authorizing the applicant to go upon their land or to utilize their riparian rights to carry on the salvage operation. The applicant shall furnish a certificate of liability insurance coverage of at least $500,000 to cover damage to persons or property during the period the salvage operation is being undertaken. The City of La Crosse and the riparian owner shall be named as additional insureds on such policy. While it is intended to permit diving and salvage operations on historic abandoned ships, it is likewise intended by this ordinance that any artifacts salvaged from such ships shall be given to the City of La Crosse or any public agency designated by the City of La Crosse for the purpose of preserving any such salvaged artifacts.
(4) The Common Council may grant a permit to any firm, person or corporation who makes the proper application therefore under the terms of this ordinance. Such permit shall state the time, place and terms and conditions under which such salvage operations may be conducted. (Ord. #3094 created 9/8/88)
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(W) UNAUTHORIZED PRESENCE ON SCHOOL PROPERTY PROHIBITED.
(1) It shall be unlawful for any student who is under suspension, expulsion, exemption or other discipline excluding him from attending school under the jurisdiction of the La Crosse Board of Education, or for any person, not a student presently enrolled to attend school under the jurisdiction of the La Crosse Board of Education or not an employee of said La Crosse Board of Education or not a parent or guardian of a student so enrolled or not an otherwise "authorized person" to be present within any school building or upon any school grounds under the jurisdiction of said School Board without having first secured authorization to be there from the principal or other person in charge of said school building or school grounds, except while in direct route to secure said authorization. "Authorized person" shall include any person who is present at any school building or school grounds for any purpose previously authorized by the Board of Education or its designee.
(2) Any person shall, upon request of the principal or other person in charge of any school building or upon any school grounds under the jurisdiction of said La Crosse School Board, or upon request of any police officer, display any written authorization to be present which he may have, in his possession or otherwise explain his presence or his status as such student, employee, parent or guardian, or "authorized person" referred to in Subsection (1) hereof.
(3) All entrances to the school buildings referred to in Subsection (1) hereof shall be posted with a notice stating, "Entry into School Building by Unauthorized Persons Prohibited". All school grounds referred to in Subsection (1) hereof shall be posted with a notice stating, "Entry Upon School Grounds by Unauthorized Persons Prohibited". (Ord. #3152 created 6/8/89)
(X) UNLAWFUL POSSESSION OF SPRAY PAINT CONTAINER.
Absent express permission by the owner or other person having control thereof, it shall be unlawful for any person to possess in or upon any public or private building, facility or property, any non-water soluble spray or liquid paint container, or any other marking device containing a non-water soluble fluid which has a point, brush, or other application surface one-half inch or greater, with intent to use these paints, fluids, containers or devices to deface said building, facility or property. (Ord. #3526 - 12/8/94)
(Y) NUISANCE CAMPING PROHIBITED ON CITY-OWNED PROPERTY.
(1) It shall be unlawful for any person to camp as defined herein on City-owned property where signs prohibit it. Camping means to establish or maintain, at any time during the day or night, a temporary or permanent place for cooking or sleeping with the intent to remain in that location overnight.
(2) The board of Public Works of the City of La Crosse may from time to time in order to ensure the safety or preservation of the City’s lands or recreational areas, establish areas of City-owned property upon which camping is prohibited. Such areas shall be designated by “no camping” signs at least eleven (11) inches square and must be placed in at least two (2) conspicuous places of the area prohibiting camping.
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(3) No person shall be cited for violating this subsection unless such person shall continue to camp more than one (1) hour after receiving a warning to leave. Such warning shall be given by a police officer or other authorized City officer or employee.
(4) Public nuisance camping is any campsite established on City property in violation of this subsection such that the same is contrary to the health, safety or welfare of the City. (Ord. #4119 created 9/11/03)
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7.05 OFFENSES INVOLVING WEIGHTS AND MEASURES.
(A) STATE STATUTES ADOPTED BY REFERENCE.
Chapter 98 of the Wis. Stats. (Weights and Measures) is hereby adopted by reference, excepting that the penalty for noncompliance shall be as provided in Section 7.09.
(B) PACKAGING, LABELING AND METHODS OF SALE OF COMMODITIES.
Chapters AG53 and AG54 of the Wisconsin Administrative Code relating to packaging and labeling and methods of sale of commodities are hereby adopted by reference, copies of which are on file in the office of the Inspection Department.
(C) ADVERTISING AND SALE OF MOTOR FUEL.
All advertising which shows or in any manner relates to the price at which motor fuel is offered for sale at retail, shall show only a single gallon unit price including all applicable taxes in one amount. All
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numerals in any such advertising which represent prices shall be of the same type and size except that numerals designating fractions of a cent shall be shown in figures not less than one-half the height, width and prominence of the whole numbers. When a price is posted, or advertised, such posted or advertised price shall remain in effect for at least twenty-four (24) hours after such posting or advertising. All pumps or other devices from which delivery of motor fuel is made into the fuel tank of a motor vehicle shall be designed and adjusted so as to compute such deliveries at the advertised price for such motor fuel.
(D) (1) No person advertising, offering for sale or selling any wholesale cut of meat shall
(a) fail to disclose fully and conspicuously any extra charges for cutting, wrapping, freezing, delivery or other services.
(b) fail to disclose fully and conspicuously that the yield of consumable meat from any wholesale cut will be less than the weight of the wholesale cut.
(c) fail to furnish the buyer with a written statement of total weight of cut and packaged meat delivered. If weighed with immediate wrappings, such fact shall be stated. Both the actual net weight of the wholesale cut, prior to cutting and trimming, and the delivered weight shall be disclosed to the buyer in writing at time of delivery.
(2) Definition of Wholesale Cut: A whole carcass of beef, swine or sheep or any part thereof customarily classified as being of commercial size and usually requiring cutting into cuts of retail size for use by consumers.
(E) SALE OF FIREWOOD.
(1) No person shall advertise, offer for sale or sell wood intended for fuel purposes in any other manner than by the cord, fractions of a cord, volumetric measure or by weight.
(2) When firewood is sold to a purchaser the purchaser must be furnished a delivery ticket with the following information clearly stated in ink or by means of other indelible marking equipment.
(a) The name and address of the vendor.
(b) The name and address of the purchaser.
(c) The amount of the delivery expressed in cords, fraction of a cord, volumetric measure or in weight. If the net weight is derived from determination of gross and tare weight, such gross and tare weights also shall be stated on the ticket.
(3) Definitions. Cord is the amount of wood that is contained in a space of 128 cubic feet when the wood is ranked and well stowed. Volumetric measure is the amount of wood that is contained in a specified cubic space when the wood is ranked and well stowed.
7.06 OFFENSES INVOLVING PUBLIC HEALTH AND WELFARE.
(A) RESTRICTIONS ON THE SALE OR GIFT OF CIGARETTES OR TOBACCO PRODUCTS.
The provisions of Section 134.66 of the Wisconsin Statutes relating to restrictions on the sale, gift or location of cigarettes or tobacco products, including any amendments thereto, are hereby adopted by reference. (Ord. #3353 recreated 3/l2/92)
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(B) USE AND POSSESSION OF CIGARETTES AND TOBACCO PRODUCTS BY CHILDREN.
The provisions of Section 48.983 of the Wisconsin Statutes relating to the use and possession of cigarettes and tobacco products, including any amendments thereto, are hereby adopted by reference. (Ord. #3354 created 3/12/92)
(C) ABATEMENT OF DRUG AND GANG HOUSES.
(1) Section 823.113, Wis. Stats. is hereby adopted and by reference made a part of this code as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited in this code. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made part of this code.
(a) Any building, structure or dwelling unit or portion of any building that is used to facilitate the delivery, distribution or manufacture of controlled substances as prohibited by State Statute and as further defined in Section 823.113 Wis. Stats. or any building, structure or portion thereof that is used as a meeting place of a criminal gang or that is used to facilitate the activities of a criminal gang in accordance with this ordinance is hereby declared a public nuisance and may be proceeded against under this section.
(b) In this subsection, criminal gang means an ongoing organization, association or group of three or more persons, whether formal or informal, that has as one of its primary activities, the commission of one or more of the criminal acts, or acts that would be criminal if the actor were an adult, specified in s. 939.22(21)(a) to (s), Wis. Stats. that has a common name or a common identifying sign or symbol; and whose members, individually or collectively, engage in or have engaged in a pattern of criminal gang activity.
(2) If it is determined that a public nuisance, as defined in this section, exists on any premises, an order may be issued reciting the existence of such public nuisance and requiring the owner or occupant of the premises to remove or abate the condition described in the order within the time period specified therein. The order shall be served personally on the owner of the building or property, as well as the occupant, if different, from the owner, or, at the option of the issuing officer, the order may be mailed to the last known address of the person to be served, by registered mail with return receipt. If the owner or the occupant cannot be served, the order may be served by posting it on the main entrance of the premises and by publishing as a Class 3 notice under W.S.A. Chapter 985. The time limit specified in the order runs from the date of service or publication.
(3) If the owner or occupant fails or refuses to comply within the time period prescribed, the City may maintain an action in circuit court to abate the nuisance and to perpetually enjoin every person guilty of creating or maintaining the nuisance, the owner, lessee or tenant of the building or structure where the nuisance exists and the owner of the land upon which the building or structure is located, from continuing, maintaining or permitting the nuisance consistent with Sec. 823.113, Wis. Stats.
(4) Authority to assess costs. The cost of the abatement or removal of a nuisance under this section shall be collected from the owner, occupant or person causing, permitting or maintaining the nuisance and, if notice to abate the nuisance, if applicable, has been given to the owner, such cost shall be assessed against the real estate as a special charge.
(5) After notice, as provided herein, having been given, it shall be unlawful to continue, maintain or permit a nuisance as hereinbefore defined in this section. No person shall be charged with the violation of this section if such person has instituted eviction proceedings against a tenant(s) whose suspected criminal activities would otherwise give rise to potential liability under this ordinance. The owner is required, however, to move forward expeditiously with any such eviction proceedings.
(6) The chief of Police and the Chief’s designees are hereby authorized to enforce or cause the enforcement of all of the provisions of this section.
(7) Owner is defined as any person who, alone, or jointly or severally with others have legal or equitable title to any building, structure or part thereof.
(8) The owners of all residential rental property are encouraged to provide their tenants with a copy of this ordinance when entering into a rental agreement.
(9) Any person violating any provision of this section, including those provisions of the Wisconsin Statutes or other materials which are incorporated by reference, shall be subject to a forfeiture of not less than One Hundred Seventy-Five Dollars ($175.00) and no more than Two Thousand Dollars ($2,000.00) plus the costs of prosecution and other costs or penalties permitted by law and upon default of such payment of any forfeiture may be imprisoned in the County jail until payment of same is made. Each day a violation exists shall constitute a separate offense. (Am. Ord. #4068 created 12/12/02)
(D) OUTDOOR VENDING MACHINES
(1) All outdoor vending machines shall be prohibited in all residential districts, traditional neighborhood districts and planned development districts.
(2) “Vending machine”, as used in this section, means any self-service, retail business device which upon deposit of coins, tokens or currency, or insertion of a credit card, debit card or other item of value, that mechanically, electronically, or manually dispenses goods or services. Such goods and services include, but are not limited to, food products as defined in Section 77.54(20)(a), Wis. Stat., tobacco products, alcohol beverages, and soda water beverages, as defined in Section 97.29(l)(i), Wis. Stat.
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Rev. September 2008
(3) Purpose and Intent. The Common Council finds that the operation of outdoor vending machines located outdoors in residential districts, traditional neighborhood districts and planned development districts creates health and safety issues to property and persons within the City. Outdoor vending machines promote and increase litter, are a visual nuisance that detracts the aesthetic and monetary value of residential property and promotes blighting influences. This section is created in order to protect the general health, safety, comfort, morals, prosperity and welfare of the public by prohibiting outdoor vending machine in all residential districts.
7.07 OFFENSES INVOLVING DISTURBANCE OF ARCHEALOGICAL SITES.
(A) PURPOSE AND DEFINITION OF ARCHAEOLOGICAL SIGNIFICANT RESOURCES.
(1) The purpose of this ordinance is to preserve the archaeological resources within the City of La Crosse and to insure that such resources will be properly considered during development and construction activities occurring within districts or areas considered to be archaeologically significant.
(2) Archaeological significant resources are defined as follows:
(a) Association with events that have made a significant contribution to the broad patterns of history.
(b) Association with the lives of persons significant in the past.
(c) Embodiment of the distinctive characteristics of a type, period, or method of construction or that represent the work of a master or that possess high artistic values.
(d) Representation of a significant and distinguishable entity whose components may lack individual distinction.
(e) Yielding or likely to yield, information important in history or pre-history.
(B) BOUNDARIES.
The boundaries of an Archaeological District are as defined by the Common Council or as how they are described in the latest Determination of Eligibility Form for nomination to the National Register of Historic Places. Copies of a map of the boundaries of Archaeological Districts are on file with the Wisconsin State Historical Society, the City Planning Department, and the City Inspection Department.
(C) REGIONAL QUALIFIED ARCHAEOLOGIST.
The Regional Qualified Archaeologist shall mean any individual who meets all of the following requirements:
(1) Has a graduate degree in archaeology, anthropology, or a close related field.
(2) Has at least one year of full-time professional experience or equivalent specialized training in archaeological or physical anthropological research, administration or management.
(3) Has at least four months of supervised field and analytic experience in the region.
The Mississippi Valley Archaeological Center may provide a regional qualified archaeologist, at no cost, subject to discretion of the landowner.
(D) DEMOLITION, EXCAVATING, BUILDING & DEVELOPMENT.
Any person performing demolition, excavating, building, or development requiring a permit from the City of La Crosse within an Archaeological District shall notify the City of La Crosse Inspection Department or its designee not less than two full working days prior to commencing activities disturbing more than 20 square feet of soil to a depth of two feet or greater except in the case of emergency excavations as approved by the Director of Public Works or the Building and Inspections Department. Such notice shall be in writing and shall include a description and location of the proposed work, the depth and area of the proposed soil disruption, and the proposed date and time of commencement of such work.
(E) REGULATIONS.
Any person, persons or entity receiving a permit for demolition, excavating, building or development to be done in an Archaeological District that includes soil disturbance of more than 20 square feet to a depth of two feet or greater shall as a condition of such permit:
(1) Provide an Archaeological Survey by a regional qualified archaeologist of the site affected by the permit or provide unlimited and uninhibited access by the Regional Qualified Archaeologist to the site of any such demolition, excavating, building or development that includes disturbing more than twenty square feet of soil to a depth of two feet or greater during any period when excavation or soil disruption is taking place, and after archaeological artifacts are found, subject to reasonable safety requirements and
(2) The Permittee and any agents of permittee shall stop work immediately and notify the City Inspection Department or the Regional Qualified Archaeologist if any artifacts, human remains, or other clear evidence of historic or prehistoric activity are discovered during excavation or earthwork activities. The Regional Qualified Archaeologist shall evaluate the site by the end of the next weekday excluding holidays following such notification. If significant archaeological resources are found, the Regional Qualified Archaeologist shall have up to three additional consecutive week days excluding holidays after the initial notification as described above to continue investigation of the site. No additional work may be done by the permittee or permittee’s agents during this period that would interfere with the archaeological investigation. If no significant archaeological resources are found by the Regional Archaeologist, work on demolition, excavating, building or development that includes disturbing more than twenty square feet of soil to a depth of two feet or greater may resume immediately and the parcel may be removed from the boundaries of the Archaeological District, if such removal is approved by the Heritage Preservation Commission. If the Regional Archaeologist does not investigate the site by the end of the next week day excluding holidays following notification of the City Inspection Department of the presence of archaeological artifacts, human remains, or other clear evidence of historic or prehistoric activity, work may be resumed on the second day following such notification. If an Archaeological Survey performed by a Regional Qualified Archaeologist finds no archaeological significant remains the parcel may be removed from the boundaries of the Archaeological District upon approval of the Heritage Preservation Commission. (Ord. #4176 – 6/10/04)
(3) The Permittee and any agents of permittee shall agree that any archaeological artifacts discovered will remain the property of the land owner upon whose land the artifacts were found. No artifacts may be removed from the property of the land owner without the landowner’s written permission unless an itemized inventory report of all artifacts removed is provided to the land owner signed by the Regional Qualified Archaeologist. Such artifacts may be held by the Regional Archaeologist for a reasonable period, not to exceed 12 months, for study and identification, but shall be returned to the land owner at the end of such period. Any human remains discovered shall be dealt with in accordance with applicable State and Federal law and
(4) The requirements listed for permittees in an Archaeological District in paragraphs 1, 2 and 3 shall also apply to all City of La Crosse Departments, Utilities, contractors, and agents regardless of whether a permit is required for any proposed work in an Archaeological District, if the work will result in disrupting more than 20 square feet of soil to a depth of two feet or greater. (Ord. #3979 created 7/12/01)
7.08 MINIMUM WAGE ORDINACE.
(A) DECLARATION OF POLICY.
In order to preserve and promote the public welfare, health, safety and prosperity of the City of La Crosse and its residents, it is vital that all persons employed in the community receive wages that enable them to provide themselves and their families with the basic necessities of life, namely food, shelter, clothing, health care and education. The Common Council finds that the current State of Wisconsin minimum wage is inadequate for this purpose and that low-wage workers must often hold multiple jobs, forego certain necessities, rely on public assistance or resort to alternative means of obtaining the necessities of life. The state’s minimum wage has not kept pace with inflation, thereby eroding the purchasing power of the minimum wage. The Common Council further finds that low wage levels are a disincentive to work, particularly among the City’s youth and among individuals formerly involved in the criminal justice system. In addition, the City of La Crosse’s poverty rate is more than double the state rate, a statistic that may be addressed by increasing the wages paid by city employers. For all of these reasons, the Common Council finds it necessary to enact the minimum wage provisions of this chapter. The Common Council further finds that, while an increase in the minimum wage will significantly improve the quality of life for low-wage earners, such an increase is not likely to negatively impact the local economy and may actually lead to economic growth as low-income households spend their additional income at local business.
(B) DETERMINATION OF RATES.
2005 and 2006 Rates. The rates adopted in this chapter are the rates recommended by the State of Wisconsin’s Minimum Wage Advisory Commission in March, 2004, for implementation in 2004 and 2005. While these rates are not necessarily adequate to bring the income of a household with one wage earner earning minimum wage above the poverty level, the Common Council finds that they represent a movement in the direction of enabling a minimum-wage worker to be compensated at a level that can support purchasing the basic necessities of life. Furthermore, these wage rates represent a balance between the desire to lift households above the poverty level through higher wages with the need to minimize any potential negative economic impacts associated with the requirement to pay higher wages, such as business failure, employee lay-offs and diminished competitiveness of local businesses. This balance is reflected in the diverse business and labor backgrounds of the minimum wage advisory commission members who recommended implementation of these minimum wage rates at the state level.
(C) DEFINITIONS.
(1) “Bona Fide School Training Program” means a program, sponsored by an accredited school and authorized and approved by the State Department of Public Instruction or the Board of Vocational, Technical and Adult Education or other recognized educational body that provides for part-time employment training which may be scheduled for part of the workday or workweek, which is supplemented by and integrated with a definitively organized plan of instruction, and for which proper scholastic credit is given by the school.
(2) “Bona Fide Vocational Training Program” means a program, authorized and approved by the State Board of Vocational, Technical and Adult Education or other recognized education body, that provides for part-time employment training which may be scheduled for part of the workday or workweek, for alternating weeks or for other limited periods during the year, which is supplemented by and integrated with a definitely organized plan of instruction designed to teach technical knowledge, and which is related to industrial information given as a regular part of a student learner’s course by an accredited school, college or university.
(3) “Casual Employment” means employment that is on an irregular or intermittent basis for not more than 15 hours per week for any one employer. It includes, but shall not be limited to, employment in the activities of babysitting, lawn-mowing and snow-shoveling.
(4) “Commission’ means the City of La Crosse Equal Opportunity Commission.
(5) “Counselor” means a person employed by a recreational or educational camp or a recreational or educational day camp who leads, directs and instructs campers in the camp’s program and activities and shares the responsibility for the total care and well-being of campers.
(6) “Domestic worker” means an individual who provides services related to the care of persons or maintenance of a private household or its premises, on a regular basis, as an employee of a private householder. This term includes, but shall not be limited to a butler, chauffeur, cook, day worker, gardener, graduate nurse, groom, handy person, house cleaner, housekeeper, laundry person, practical nurse, valet or other similar occupation.
(7) “Employee” means every individual who, in a calendar week, performs at least two hours of work for compensation in the City of La Crosse for any employer and who is in receipt of or entitled to any compensation for work performed for any employer. This term includes a companion in a private home. This term does not mean or include any of the following:
(a) Any individual engaged in a house-to-house delivery of newspapers or house-to-house retail sales to consumer.
(b) Any individual engaged in performing services for a person as a real estate agent or real estate salesperson if all of those services are performed for remuneration solely by commission.
(c) Any individual engaged in performing services for an employer if that individual is not considered under 29 USC 203(e)(4), as amended to April 15, 1986, to be an employee for the purposes of the Fair Labor Standards Act, 29 USC 210 to 219, or if that individual is exempt under 29 USC 213, as amended to April 1, 1990, from being paid at least the federal minimum hourly wage under 29 USC 206(a)(1).
(d) Any individual engaged in performing services for an employer if that individual is not subject to the civil services laws of the employer and if that individual is an elective officer, is on the personal staff of an elective officer, other than a member of the state legislature, is appointed by an elective officer to serve on a policy-making level or is an immediate adviser to an elective officer with respect to the constitutional or legal powers of the elective officer’s office.
(e) Any individual engaged in performing services for the federal government, the State of Wisconsin or its political subdivisions, or any office, department, independent agency, authority, institution, association, society or other body in federal, state or local government, other than the City of La Crosse, created or authorized by federal or state constitution or any law.
(8) “Employer” means and includes every person, firm or corporation, agent, manager, representative, contractor, subcontractor or principal or other person having control or direction of any person employed at any labor or responsible directly or indirectly for the wages of another. This term does not include the federal government, the State of Wisconsin or its political subdivisions, or any office, department, independent agency, authority, institution, association, society or other body in federal, state or local government, other than the City of La Crosse, created or authorized by federal or state constitution or any law.
(9) “Minimum wage” means compensation for labor that is paid, whether by time, piece-work or otherwise, in an amount sufficient to enable the employee receiving it to maintain himself or herself under conditions consistent with his or her welfare.
(10) “Minor” means any person under 18 years of age.
(11) “Opportunity employee” means an employee who has not yet reached 20 years of age during the first 90 consecutive days after the employee is initially employed by the employer.
(12) “Recreational or educational camp” means a camp operated under trained leadership for the purpose of providing group experience for and contributing to the physical, mental, spiritual and social growth of campers who are less than 18 years of age and who make such camp their residence during the camping period.
(13) “Recreational or educational day camp” means a camp operated under trained leadership for the purpose of providing group experience and contributing to the physical, mental, spiritual and social growth of campers who participate in such camping program during daytime periods, but not overnight.
(14) “Student learner” means a student who is receiving instruction in an accredited school and who is employed on a part-time basis pursuant to a bona fide school training program.
(15) “Tip credit” means a credit that an employer receives toward meeting a minimum wage requirement based on compensation a tipped employee receives in the form of tips. It is the difference between required minimum wage of a regular or opportunity employee and the minimum wage for a tipped employee.
(16) “Tipped employee” means any employee engaged in an occupation in which the employee customarily and regularly receives tips or gratuities from patrons or others.
(17) “Wage or wages” means any compensation for labor, whether measured by time, piece-work or otherwise.
(18) “Welfare” means and includes reasonable comfort, reasonable physical well-being, decency and moral well-being.
(D) APPLICABILITY.
The minimum wage rates and maximum lodging and board deductions prescribed in this chapter shall apply to all employees, including indenture apprentices and employees working at home, of private establishments, including nonprofit organizations, for each hour of work performed within the City of La Crosse, regardless of whether compensation is paid on time, piece-work, commission or other basis.
(E) UNLAWFUL WAGES.
It shall be unlawful for any employer to pay, offer to pay or agree to pay any employee a wage lower or less in value than the minimum wage prescribed in this chapter.
(F) MINIMUM WAGE RATES.
No employer shall employ any employee in any occupation, trade or industry at a lesser hourly rate than:
(1) All employees except opportunity and tipped employees: $5.70 per hour as of December 1, 2005; $6.50 per hour as of December 1, 2006.
(2) Opportunity employees: $5.30 per hour as of December 1, 2005; $5.90 per hour as of December 1, 2006.
(3) Tipped employees: $2.33 per hour, provided the employer can establish by its payroll records that for each week where a wage less than the relevant minimum wages in sub. 1 or sub. 2 is paid, the sum total of tips and wages received by the employee is not less than the required minimum wage.
(G) ADDITIONAL PROVISIONS APPLICABLE TO TIPPED EMPLOYEES.
(1) Burden of Proof. When an employer elects to pay an employee in accordance with this code, the employer shall obtain a tip declaration signed by the tipped employee for each pay period. The employer shall also indicate on the payroll records of the tipped employee that any required social security or taxes have been withheld and that when the employee’s tips are added to the wages paid, no less than the minimum wage was received by the employee. When an employer’s payroll records do not meet these requirements, the employer shall not be permitted to use the tip credit. The commission may refuse to take minimum wage enforcement action for a tipped employee who has refused or failed to file an accurate, signed tip declaration with the employer for each pay period.
(2) General characteristics of tips.
(a) A tip is a sum of money presented by a customer as a gift or gratuity in recognition of some service performed for the customer. It is to be distinguished from payment of a charge, if any, made for the service. Whether a tip is to be given, and the amount of the tip, are matters determined solely by the customer, who generally has the right to determine who shall be the recipient of a gratuity. In the absence of an agreement to the contrary between the recipient and a third party, a tip becomes the property of the person in recognition of whose service it is presented by the customer. Only tips actually received by an employee as money belonging to the employee and which the employee may use as he or she chooses, free of any control by the employer, may be counted when determining whether an employee is a tipped employee.
(b) In addition to cash sums presented by customers and which an employee is free to keep and use as he or she chooses, tips received by an employee include amount paid by bank check or other negotiable instrument at par and amounts transferred by the employer to the employee pursuant to directions from the credit customers who designate amounts to be added to their bills as tips. Non-monetary gifts to employees, such as theater tickets, passes or merchandise, shall not be considered tips received by the employee.
(3) Tip pooling.
(a) Where employees practice tip splitting, such as where servers are given a portion of their tips to bus persons, both the amounts retained by the servers and the amounts given to the bus persons are considered tips of the persons who retained them.
(b) Where an employer and employees have mutually agreed upon a tip-pooling arrangement under which the employer redistributes tips, and any declaration of tips is presented to the employer for information purposes only, the amount received and retained by each employee shall be counted as that employee’s tip income.
(4) Service charges.
(a) A compulsory charge for service imposed on a customer by an employer’s establishment shall not be considered a tip unless it is distributed by the employer to its employees.
(b) Where an agreement between a hotel or restaurant and a customer for banquet facilities include amounts for distribution to employees of the hotel or restaurant, the amounts shall be so distributed to the employees at the end of the pay period in which they are earned.
(c) If an employer in its payroll records, can establish a breakdown of a service charge, such as how much is for tips, room charges, decoration and other chargeable services, the amount paid to the employee at the end of the pay period need not exceed the designated tip amount.
(5) Frequency of Tipping. In order for an employee to be considered a tipped employee, and for an employer to be eligible for the tip credit provisions, the employee must “customarily and regularly” receive tips in the occupation in which he or she is engaged. An employee who is known to always receive, on a monthly basis, more in tips than the difference between the regular minimum wage and the tipped-employee minimum wage, shall qualify as a tipped employee, and the tip credit provisions shall apply. An employee who receives tips only occasionally or sporadically, such as at Christmas or other holidays, shall not qualify as a tipped employee. The phrase “customarily and regularly” signifies a frequency that is greater than occasional, but which may not be constant. If an employee is in an occupation in which he or she normally and recurrently receives tips, the employee shall be considered a tipped employee even though, occasionally, he or she fails to receive tips in a particular month because of such factors as illness, vacations and seasonal business patterns.
(6) Employer receipt of tips. Under an employment agreement requiring tips to be turned over or credited to the employer to be treated as part of the employer’s gross receipts, the employer shall pay the employee the required minimum wage since for all practical purposes, the employee is not receiving tip income.
(7) Overtime payments. When overtime is worked by a tipped employee who is subject to the overtime pay provision of ch. DWD 274, Wis. Adm. Code, the employee’s regular rate of pay is determined by dividing the employee’s total remuneration for employment in any work week by the total number of hours actually worked by the employee in that work week. A tipped employee’s regular rate of pay includes the amount of tip credit taken by the employer and the cash wages, including commissions and bonuses, paid by the employer. Any tips received by the employee in excess of the tip credit need not be included in the regular rate. These tips shall not be considered payment made by the employer to the employee as remuneration for employment within the meaning of ch. DWD 274, Wis. Adm. Code.
(H) LODGING AND BOARD.
(1) Deductions allowed. Where lodging or board or both are furnished by the employer in accordance with s. DWD 272.04 Wis. Adm. Code, and accepted and received by a particular employee, his or her spouse, minor children or other dependents, the employer may deduct the value of the lodging or board from the wages paid to the employee, up to the following maximum rates:
(a) Lodging.
(i) All employees except opportunity employees: $45.60 per week or $6.50 per day as of October 1, 2005; $52.00 per week or $7.40 per day as of October 1, 2006.
(ii) Opportunity employees: $42.40 per week or $6.05 per day as of October 1, 2005; $47.20 per week or $6.75 per day as of October 1, 2006.
(b) Board.
(i) All employees except opportunity employees: $68.40 per week or $3.25 per meal as of October 1, 2005; $78.00 per week or $3.70 per meal as of October 1, 2006.
(ii) Opportunity employees: $63.60 per week or $3.00 per meal as of October 1, 2005; $70.80 per week or $3.35 per meal as of October 1, 2006.
(2) Adjustments for inflation.
(a) When the minimum wage rates are adjusted for inflation, the maximum lodging deduction shall be adjusted by recomputing them on the basis of 30% of the prescribed minimum wage rate for employees based on a 40-hour week, rounded off to the nearest 5 cents.
(b) When the minimum wage rates are adjusted for inflation, the maximum deductions for board shall be adjusted by recomputing them on the basis of 30% of the prescribed minimum wage rate for employees based on a 40-hour week rounded off to the nearest 5 cents.
(I) PAYMENT OF WAGES ON OTHER THAN TIME BASIS.
Where wages are paid using a system other than time rate, the actual wage paid per payroll period shall not be less than the amount calculated by multiplying the number of hours worked by the relevant minimum wage.
(J) DETERMINATION OF COMPLIANCE.
The payroll period shall be the unit of time used in determining compliance with the minimum wage rates prescribed in this code.
(K) INTERPRETATION OF HOURS WORKED.
(1) State code adopted. The City of La Crosse adopts and incorporates into this chapter as though fully set forth herein, the provisions of s. DWD 272.12 Wis. Adm. Code. To the extent there are conflicts between those provisions and the provisions of this chapter, the provisions of this chapter shall govern.
(2) Sleeping Time. Any hours of work which constitute sleeping time under the provision of s. DWD 272.12(2)(d), Wis. Adm. Code, shall be exempt from the minimum wage requirements of this code. Such hours shall be subject to the appropriate state and federal wage rates in effect at the time such wages are earned.
(L) PROHIBITION OF DISPLACEMENT.
An employer shall not displace an employee solely for the purpose of hiring an employee to be paid the opportunity wage.
(M) DOMESTIC SERVICE EMPLOYMENT.
A domestic worker who resides in the employer’s household is covered by the minimum wage requirements of this code. The employer may make deductions for lodging and board provided.
(N) CASUAL EMPLOYMENT.
The minimum wage requirements of this code shall not apply to casual employment in or around a home, in work usual to the home of the employer and not in connection with or part of the business, trade or profession of the employer.
(O) EMPLOYMENT AT RECREATIONAL OR EDUCATIONAL CAMP.
(1) Minimum wage. The minimum wage rates of this code shall apply to all employees of recreational or educational camps and day camps except counselors.
(2) Lodging and board deductions. Where lodging or board or both are furnished by the employer and accepted and received by the employee, the employer may deduct the value of the lodging or board from the wages paid in accordance with this code.
(3) Counselors. The minimum weekly wage of counselors employed in seasonal recreational or educational camps and day camps shall be as follows:
(a) If neither lodging or board s furnished: $285 for adults, $265 for minors as of October 1, 2005; $315 for adults, $275 for minors as of October 1, 2006.
(b) If board only is furnished: $217 for adults, $202 for minors as of October 1, 2005; $240 for adults, $209 for minors as of October 1, 2006.
(c) If both lodging and board are furnished: $171 for adults, $159 for minors as of October 1, 2005; $189 for adults, $165 for minors as of October 1, 2006.
(4) Records. Recreational or educational camps and day camps shall not be required to keep the daily and weekly time records required by s. DWD 272.11(1)(d), (e) and (f), Wis. Adm. Code, for counselors employed and paid on a weekly basis.
(P) CADDIES.
The minimum wage for person employed as golf caddies shall be:
(1) 9 holes: $5.90.
(2) 18 holes: $10.50.
(Q) STUDENT EMPLOYMENT AND WORK-LIKE ACTIVITIES.
(1) Independent colleges and universities. An independent college or university may employ full-time students who are 18 years of age and over for 20 hours per week or less at the federal minimum wage rate established under 29 USC 209. Students who work at an independent college or university for over 20 hours per week shall be paid at rates that comply with this code.
(2) Elementary and secondary schools. The minimum wage requirements of this code shall not apply to student work-like activities that meet the criteria of s. DWD 270.085, Wis. Adm.
(R) SUB-MINIMUM WAGE LICENSES FOR REHABILITATION FACILITIES AND FOR THE EMPLOYMENT OF WORKER’S WITH DISABILITIES AND STUDENT LEARNER.
The provisions of this chapter do not apply to any facilities or employer that holds a license in good standing issued by the State of Wisconsin pursuant to s. DWD 272.09, Wis. Adm. Code allowing the facility or employer to pay subminimum wages.
(S) EXCEPTIONS UNDER STATE CODE.
Unless otherwise specified in this chapter, the provisions of this chapter shall not be applicable under any circumstance or with regard to employment where, in this absence of those provisions, any of the provisions of this Wisconsin administrative Code would make the State of Wisconsin’s minimum wage provisions, specified in ch. DWD 272, inapplicable.
(T) DEDUCTIONS AND RECORD KEEPING.
The City of La Crosse adopts and incorporates into this chapter, as though fully set forth herein, the provisions of s. DWD 272.10 and 272.11, Wis. Adm. Code. The required listings of deductions and other required records shall be made available for inspection and copying by any authorized staff of the commission during the regular business hours of the employer.
(U) ABILITY OF EMPLOYERS TO PAY MORE THAN THE MINIMUM WAGE.
No provision of this chapter shall prohibit an employer from paying more than the minimum wage rates listed in this chapter.
(V) DISCHARGING OR DISCRIMINATING AGAINST EMPLOYEES.
No employer may discharge or threaten to discharge, or in any way discriminate against or threaten to discriminate against, any employee because the employee has filed a complaint alleging a violation of this chapter, has otherwise asserted his or her rights under this chapter, has informed any other employee of his or her rights under this chapter, has testified or is about to testify, or the employer believes may testify, in any investigation or proceeding relative to enforcement of this chapter. Any employer who engages in such prohibited activity shall, upon conviction thereof, be subject to a forfeiture of not less than $25 nor more than $2,500 for each offense.
(W) COMPLAINTS.
(1) Commission’s Authority. The Commission shall have the authority to investigate, adjudicate and dispose of any complaint filed alleging a violation of any provision of this chapter. Such investigations, adjudications and dispositions shall be made as provided under the procedures set forth in this chapter.
(2) Filing of complaint. Any persons, including any labor union or worker’s right organization, regardless of whether the person who allegedly was not paid the minimum wage is a member of that union or organization, may file with the commission a complaint that an employer violated a provision of this chapter. The complaint shall be in writing and filed not more than 300 days after the date of the alleged violation of this chapter.
(X) VIOLATIONS; PENALTY.
(1) General penalties. Each day during which any employer pays an employee a wage less than the minimum wage required by this chapter shall constitute a separate and distinct violation of this chapter. The penalty for each such violation, or for any other violation of this chapter other than a violation under Subsection (W) shall be a forfeiture of not less than $25 nor more than $200 for a first violation within one year, no less than $200 nor more than $1,000 for a second violation within one year and not less than $1,000 nor more than $2,500 for a third or subsequent violation within one year. The commission, upon determining that a violation has occurred, shall refer such violation to the City Attorney, who may, at his or her discretion, thereafter pursue action in municipal court to recover a forfeiture for the violation.
(2) Damages. In addition to the penalty provisions of sub. 1, whenever the commission determines that an employer has violated the minimum wage provision of this chapter, any employee who was not paid the applicable minimum wage shall be entitled to liquidated damages in an amount equal to twice the difference between the rate of pay the employee was paid and the applicable minimum wage rate. The commission shall have the authority to enter such an order for all employees who, in the commission’s determination, were not compensated in accordance with the provisions of this chapter, regardless of whether such employees were the complainants before the commission. (2nd Am. Ord. #4223 created 4/14/05) (This ordinance shall take effect December 1, 2005, provided the State of Wisconsin does not increase the State’s minimum wage (s. DWD 272.03, Wis. Adm. Code) the levels specified in this ordinance before that date.)
7.09 PENALTIES.
(A) Any person violating any provision of this Chapter, except as otherwise provided in this Chapter, including those provisions of the Wisconsin Statutes, Wisconsin Administrative Code or other materials which are incorporated herein by reference, shall upon conviction thereof forfeit not less than $20.00 nor more than $1,000.00 and the costs of prosecution, and in default of payment of such forfeiture and the costs of prosecution shall be imprisoned in the County Jail until payment of such forfeiture and costs of prosecution, but not exceeding ninety (90) days for violation, provided, however, that in no case shall the forfeiture imposed for a violation of any provisions of this section exceed the maximum fine for the same offense under the laws of the State of Wisconsin. (Am. Ord. #2943 - 12/12/85)
(B) A juvenile who violates a dispositional order entered under Subsection 7.02(N), shall be subject to those sanctions, which are consistent with the Municipal Ordinances for Truancy and Habitual Truancy, and which are set forth in Sections 938.17 and 938.355, which are incorporated herein and are intended to be made a part of this code, including any future amendments, revisions, or modifications thereof. (Am. Ord. #3803 - 9/10/98)
Rev. April 2005
