Chapter 26 Public Peace & Good Order Page 1 of 13 CHAPTER 26 PUBLIC PEACE & GOOD ORDER 26.01 DISORDERLY CONDUCT. (1) Any person who, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonable loud, or otherwise disorderly conduct under circumstances, in which such conduct tends ends to cause or provoke a disturbance shall forfeit not more than $200 for a first offense, and not less than $200 nor more than $10,000 for a subsequent offense. (2) Any person who, with intent to annoy another, makes a telephone call, whether or not conversation ensues, shall forfeit not more than $200 for a first offense, and not less than $200 nor more than $10,000 for a subsequent offense. History: Ordinance 38, 11/74 Amended, Ordinance 197, 11/84 26.02 DISPLAY OF LIGHTS AT NIGHT. (1) The County Board finds that the public peace and good order of this county are threatened by frequent incidents involving the displaying of bright lights late at night, disturbing rural residents. (2) This section shall not be construed as a regulation of hunting or hunters. It shall apply to all persons, whether hunting or not. (3) It is unlawful for any person to display any light between the hours of 10:00 p.m. and sunrise, if such light is displayed by a person in a motor vehicle, or such light uses a motor vehicle as an energy source, except: (a) Lights displayed within any incorporated city or village. (b) Lights displayed on a person's own property whether owned or rented, or with the permission of the owner or tenant. (c) The headlights of a vehicle which is actually travelling on a public road, or private driveway; parked vehicles shall turn headlights off, but parking lights, and warning flares may be used at any time to mark a parked or disabled vehicle. (d) A light of any description displayed from a motor vehicle on a public highway for the sole purpose of reading roadside signs or information upon mailboxes; but the burden shall be on the defendant to establish by clear, satisfactory, and convincing evidence that this was his sole purpose in displaying such light. (e) Any light or illumination device used by a traffic or police officer or conservation warden in the performance of his duties. (f) Street and traffic lights erected by governmental units.
Chapter 26 Public Peace & Good Order Page 2 of 13 (4) It is unlawful, between sunset and sunrise, to display a light within 200 feet of any dwelling inhabited by, or meant to be inhabited by, human beings except under the conditions set forth in Subsections (3)(a) to (f) of this section. History: Ordinance 167, 4/83 (5) Any person violating this section shall, upon conviction, forfeit not less than $25 and no more than $500, together with the costs of prosecution. (6) This section may be enforced by any peace officer or conservation warden in the County. History: Ordinance 45, 7/77 26.05 (1) Registration Required. It shall be unlawful for any direct seller or solicitor to engage in direct sales or solicitation within Taylor County without being registered for that purpose as provided herein. (2) Definitions. In this chapter: (a) "Direct seller" means any individual who, for him/herself, or for a partnership, association or corporation, sells goods, or takes sales orders for the later delivery of goods, at any location other than the permanent business place or residence of said individual, partnership, association or corporation, and shall include but not be limited to, peddlers, solicitors and transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer. (b) "Permanent merchant" means a direct seller who, for at least one year prior to the consideration of the application of this chapter to said merchant, has continuously operated an established place of business in this county or has continuously resided in this county and now does business from his/her residence. (c) "Goods" shall include personal property of any kind, and shall include goods provided incidental to services offered or sold. (d) "Charitable organization" shall include any benevolent, philanthropic, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such. (e) "Sheriff" shall mean the Taylor County sheriff. (f) "Solicitor" means any person who requests donations for an organization, firm, corporation, or other person, by means of face-to-face contact, initiated by the solicitor. (3) Exemptions. The following shall be exempt from all provisions of this section:
Chapter 26 Public Peace & Good Order Page 3 of 13 (a) Any person delivering newspapers, fuel, dairy products, or bakery goods to regular customers on established routes; (b) Any person selling goods at wholesale to dealers in such goods; (c) Any person selling agricultural products which such person has grown; (d) Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by such merchant within this county and who delivers such goods in the regular course of business; (e) Any person who has an established place of business where the goods being sold are offered for sale on a regular basis, and in which the buyer has initiated contact with, and specifically requested a home visit by, said person; (f) Any person who has had, or one who represents a company which has had, a prior business transaction, such as a prior sale or credit arrangement, with the prospective customer; (g) Any person selling or offering for sale a service unconnected with the sale or offering for sale of goods; (h) Any person holding a sale required by statute or by order of any court and any person conducting a bona fide auction sale pursuant to law; (i) Any person soliciting donations for a school, organization, church, or charity which has a permanent Chapter or office in Taylor County; (j) Any employee, officer or agent of a charitable organization which engages in solicitation or direct sales for or on behalf of said organization, provided that there is submitted to the sheriff proof that such charitable organization is registered under Section 440.41, Wisconsin Statutes. Any charitable organization not registered under Section 440.41, Wisconsin Statutes, or which is exempt from that statute's registration requirements, shall be required to register under this chapter. History: Ordinance 159, 3/83 (k) Any person who claims to be a permanent merchant, but against whom a complaint has been made to the sheriff that such person is a transient merchant; provided that there is submitted to the sheriff, proof that such person has leased for at least one year, or purchased, the premises from which he/she is conducting business, or proof that such person has conducted such business in this county for at least one year prior to the date the complaint was made. (l) Any person selling items at a booth or stand as part of an organized fair, festival or celebration which is sponsored by a County organization. (4) Registration.
Chapter 26 Public Peace & Good Order Page 4 of 13 (a) Applicants for registration must complete and return to the sheriff a registration form furnished by the sheriff that shall require the following information: address, if any; 1. Name, permanent address and telephone number, and temporary 2. Age, height, weight, color of hair and eyes; 3. Name, address and telephone number of the person, firm, association or corporation that the direct seller represents or is employed by, or whose merchandise is being sold; 4. Temporary address and telephone number from which business will be conducted, if any; 5. Nature of business to be conducted and a brief description of the goods offered, and any services offered; 6. Proposed method of delivery of goods, if applicable; 7. Make, model and license number of any vehicle to be used by the applicant in the conduct of his/her business; 8. Last cities, villages, and towns, not to exceed three, where the applicant conducted similar business; 9. Place where the applicant can be contacted for at lease seven days after leaving this county; 10. Statement as to whether the applicant has been convicted of any crime or ordinance violation related to the applicant's transient merchant business or solicitation within the last five years; the nature of the offense and the place of conviction. (b) Applicants shall present to the sheriff for examination: 1. A driver's license or some other proof of identity as may be reasonably required; 2. A State certificate of examination and approval from the sealer of weights and measures where the applicant's business requires use of weighing and measuring devices approved by State authorities; 3. A State health officer's certificate where the applicant s business involves the handling of food or clothing and is required to be certified under State law; such certificate to state that the applicant is apparently free from any contagious of infectious disease, dated not more than 90 days prior to the date the application of the license is made.
Chapter 26 Public Peace & Good Order Page 5 of 13 (c) At the time the registration application is submitted, a fee of $10 shall be paid to the sheriff to cover the cost of processing said registration. The applicant shall sign a statement appointing the sheriff or his/her agent to accept service of process in any civil action brought against the applicant arising out of any sale or service performed by the applicant in connection with the direct sales activities of the applicant, in the event the applicant cannot, after reasonable effort, be served personally. Upon payment of said fee and the signing of said statement, the sheriff shall register the applicant as a direct seller and date the entry. Said registration shall be valid for a period of one year from the first business day following the date of entry, subject to subsequent refusal as provided in Section 5(b) below. (5) Investigation. (a) Upon receipt of each application, the sheriff may make and complete an investigation of the statements made in such registration. (b) The sheriff shall refuse to register the applicant if it is determined, pursuant to the investigation above that: the application contains any material omission or materially inaccurate statement; complaints of a material nature have been received against the applicant by authorities in the last cities, villages, and towns not exceeding three, in which the applicant conducted similar business; the applicant was convicted of a crime, statutory, violation or chapter violation within the last five years, the nature of which is directly related to the applicant's fitness to engage in direct selling; or the applicant failed to comply with any applicable provision of Subsection (4)(b) above. (6) Appeal. Any person denied registration might appeal the denial under the provisions of Sections 68.07 through 68.16, Wisconsin Statutes. (7) Regulation of Direct Sellers and Solicitors. (a) Prohibited Practices. 1. No direct seller or solicitor shall call at any dwelling or other place between the hours of 9:00 p.m. and 9:00 a.m, except by appointment; call at any dwelling or other place where a sign is displayed bearing the words "No peddlers," "No solicitors," or words of similar meaning; call at the rear door of any dwelling place; or remain on any premises after being asked to leave by the owner, occupant or other person having authority over such premises. 2. No direct seller or solicitor shall misrepresent or make false, deceptive, or misleading statements concerning the quality, quantity, or character of any goods offered for sale, the purpose of his/her visit, his/her identity or the identity of the organization or group represented. A charitable organization direct seller shall specifically disclose what portion of the sale price of goods being offered will actually be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the goods.
Chapter 26 Public Peace & Good Order Page 6 of 13 3. No direct seller or solicitor shall impede the free use of sidewalks and street by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed. 4. No direct seller or solicitor shall make any loud noises or use any sound amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one-hundred foot radius of the source. 5. No direct seller or solicitor shall allow rubbish or litter to accumulate in or around the area in which he/she is conducting business. (8) Disclosure Requirements. (a) After the initial greeting and before any other statement is made to a prospective customer or donor, a direct seller or solicitor shall expressly disclose his/her name, the name of the company or organization he/she is affiliated with, if any, and the identity of goods or services he/she offers to sell. (b) If any sale of goods is made by a direct seller, or any sales order for the later delivery of goods is taken by the seller, the buyer shall have the right to cancel said transaction if it involves the extension of credit or is a cash transaction of more than $25, in accordance with the procedure as set forth in Sections 423.203(1)(a), (b), and (c), (2) and (3), Wisconsin Statutes. (9) Records. The sheriff shall note all convictions for violation of this section on the record of the registrant convicted. (10) Revocation of Registration. (a) Registration may be revoked by the sheriff after notice and hearing, if the registrant made any material omission or materially inaccurate statement in the application for registration, made any fraudulent, false, deceptive, or misleading statements or representation in the course of engaging in direct sales, violated any provision of this section or was convicted of any crime, ordinance, or statutory violation which is directly related to the registrant's fitness to engage in direct selling. (b) Written notice of the hearing shall be served personally on the registrant at least 72 hours prior to the time set for the hearing; such notice shall contain the time and place of hearing and a statement of the acts upon which the hearing will be based. (11) Penalty. Any person convicted of violating any provisions of this section shall forfeit neither less than $10.00 nor more than $100.00 for each violations plus costs of prosecution. Each violation shall constitute a separate offense. (12) Severance Clause. The provisions of this section are declared to be severable, and if any section, sentence, clause, or phrase of this section shall for any reason be held to be invalid or unconstitutional such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this section; they shall remain in effect, it
Chapter 26 Public Peace & Good Order Page 7 of 13 being the legislative intent that this section shall stand notwithstanding the invalidity of any part. (13) Municipal Option. This section shall be in effect in every town, city, and village in the County unless the municipality notifies the County clerk, in writing, that it regulates solicitors or direct sellers, or a class of them, and upon such notice, this section shall not apply to the class of persons regulated in that municipality. 26.10 RETAIL THEFT. (1) Whoever intentionally alters indicia of price or value of merchandise or who takes and carries away, transfers, conceals, or retains possession of, or knowingly or negligently places a false indicia of price upon, merchandise held for resale by a merchant without his consent and with the intent to deprive the merchant permanently of possession, or the full purchase price, of such merchandise may be subject to a forfeiture as provided in Subsection (4). History: Amended, Ordinance 173, 10/83 (2) The intentional concealment of unpurchased merchandise which continues from one floor to another or beyond the last station for receiving payments in a merchant's store is evidence of intent to deprive the merchant permanently of possession of such merchandise without paying the purchase price thereof. The discovery of unpurchased merchandise concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing such goods. (3) A merchant or merchant's adult employee who has probable cause for believing that a person has violated this section in his/her presence may detain such person in a reasonable manner for a reasonable length of time to deliver him/her to a peace officer, or to his/her parent/guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he/she shall not be interrogated or searched against his/her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. Compliance with this subsection entitles the merchant or his/her employee effecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty. (4) Penalties for violation of this section are: (a) If the value of the merchandise does not exceed $100.00, a forfeiture of not less than $25.00 nor more than $200.00 and the costs of the action. (b) If the value of the merchandise exceeds $100.00 but not $2,500.00, a forfeiture of not less than $200.00 nor more than $5,000.00, and the cost of the action. (c) If the value of the merchandise exceeds $2,500.00, a forfeiture of neither less than $1,000.00 nor more than $10,000.00, and the costs of the action. (5) This section shall not apply in any municipality that has an ordinance dealing with retail theft.
Chapter 26 Public Peace & Good Order Page 8 of 13 History: Ordinance 59, 11/77 Amended, Ordinance 204, 4/85 26.11 REGULATIONS ON ALCOHOLIC BEVERAGES: STATE STATUTES ADOPTED. Pursuant to Section 125.10, Wisconsin Statutes, all present and future provisions of Chapter 125 of the Wisconsin Statutes, are hereby adopted and incorporated by reference. Any act required to be performed or prohibited by Chapter 125, Wisconsin Statutes, is required or prohibited by this section. History: Amended, Ordinance 166, 4/83 Amended, Ordinance 204, 4/85 26.12 FURNISHING TO MINORS PROHIBITED. History: Ordinance 126, 7/81 Repealed, Ordinance 166, 4/83 26.13 MOTOR VEHICLE TRESPASS TO COUNTY SNOWMOBILE TRAILS. trail. (1) It is unlawful for any person to operate a motor vehicle upon any snowmobile (2) Definitions. The following term shall have the following meanings for purposes of Section 26.13, Taylor County Code: (a) "Motor vehicle" means any mechanical device routinely used for surface travel powered by an internal combustion engine and operating upon either four or two wheels. This definition specifically excludes a four-wheeled all-terrain vehicle. History: Amended, Ordinance 222, 9/86 (b) "All-terrain vehicle" means an engine-driven device which has a net weight of 500 pounds or less, which has a width of 46 inches or less, which is equipped with a seat designed to be straddled by the operator and which designed to travel on 3 or more lowpressure tires. A low-pressure tire is a tire which has a minimum width of 6 inches, which is designed to be mounted on a rim with a maximum diameter of 12 inches, and which is designed to be inflated with an operating pressure not to exceed 6 pounds per square inch as recommended by the manufacturer. History: Created, Ordinance 222, 9/86 (c) "Snowmobile trail" means a snowmobile trail or route designated by the Taylor County Forestry and Lands Committee. History: Renumbered, Ordinance 222, 9/86 (3) Exception. This chapter shall not apply to landowners operating a motor vehicle on snowmobile routes laid out on his/her land nor to any person so operating with the permission of such landowner.
Chapter 26 Public Peace & Good Order Page 9 of 13 (4) Enforcement by Uniform Citation. This section may be enforced by any peace officer or the Taylor County forest administrator. Enforcement may be by County uniform citation pursuant to Chapter 25, Taylor County Code. (5) Penalty. (a) Any person convicted of violating this section shall forfeit not less than $25.00 nor more than $100.00 plus the costs of prosecution and may be ordered to pay the reasonable costs of repairing any damage to the snowmobile trail by virtue of the unlawful trespass. (b) History: Repealed, Ordinance 173, 10/83 (6) Severability. Should any section of this subsection be declared unconstitutional or invalid, the constitutionality or validity of the remainder shall not be affected thereby. History: Ordinance 109, 7/80 26.14 ISSUANCE OF WORTHLESS CHECK. (1) Less than $500. Whoever issues any check or other order for the payment of money less than $500 which, at the time of issuance, he or she intends shall not be paid, is subject to a forfeiture of not more than $500. (2) Five Hundred Dollars or More. Whoever issues any single check or other order for the payment of $500 or more or whoever within a fifteen (15) day period issues more than one check or other order amounting in the aggregate to $500 or more which, at the time of issuance, the person intends shall not be paid, is subject to a forfeiture of not more than $1,000. (3) Prima Facie Evidence. Any of the following is prima facie evidence that the person at the time he/she issued the check or other order for the payment of money, intended it should not be paid. (a) Proof that, at the time of issuance, the person did not have an account with the drawee; or (b) Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order; or (c) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within 5 days after receiving notice of nonpayment or dishonor to pay the check or other order. (4) Repealed.
Chapter 26 Public Peace & Good Order Page 10 of 13 History: Ordinance 139, 1/82 Ordinance 166, 4/83 26.15 History: Repealed, Ordinance 588, 10/26/2011 26.16 STATE STATUTES ADOPTED. (1) The County Board finds that the public peace and good order is imperiled by persons who violate the laws of the State of Wisconsin within the County of Taylor. (2) No person shall violate any provision of the Wisconsin Statutes, whether civil or criminal in nature, and whether adopted before or after the adoption of this section. (3) Any person violating (2) shall forfeit not more than $10,000, and in default of payment, shall be confined to the County jail until the forfeiture is paid, but not to exceed six months. History: Amended, Ordinance 204, 4/85 (4) Any defendant in an action for violation of an ordinance may make a deposit and stipulation of no contest. A defendant who wants to plead no contest and forfeit a deposit in lieu of appearance may do so by depositing the amount specified by the ordinance, plus court costs and penalty assessment with the clerk of court or sheriff. If the person does not appear at the time fixed by the Summons, the Court may treat the nonappearance as a plea of no contest and proceed accordingly. (5) A person arrested for violation of a County ordinance may be released by posting a cash bond of the amount specified in (4), or other security approved by the sheriff or deputy. 26.17 TRUANCY. (1) The County Board finds that it is both desirable and necessary to combat the increasing incidents of habitual truancy among school-age children. (2) Any school-age child is prohibited from being a truant and/or a habitual truant. (3) In this section: (a) "Truant" means a student who is absent for part or all of one or more days from school during which the school attendance officer, principal or teacher has not been notified of the legal cause of such absence by the parent or guardian of the absent pupil, and also means intermittent attendance carried on for the purpose of defeating the intent of the compulsory school attendance laws of Section 118.15, Wisconsin Statutes. (b) "Habitual Truant" means a pupil who is absent from his/her school without an acceptable excuse under Wisconsin Statutes, Section 118.15, for either of the following:
Chapter 26 Public Peace & Good Order Page 11 of 13 1. History: Repealed, Ordinance 578, 9/20/2011 semester. 2. Part or all of 5 or more days on which school is held during a school History: Repealed, Ordinance 578, 9/20/2011 (4) The court is authorized to order the following dispositions upon a finding of truancy: (a) An order for the person to attend school. (b) For a first violation, a forfeiture of not more than $50 plus statutorily authorized costs, assessments, surcharges and fees. (c) For a second or subsequent violation committed within 12 months of a previous violation, a forfeiture of no more than $100 plus statutorily authorized costs, assessments, surcharges and fees, subject to a maximum cumulative forfeiture amount of not more than $500 for all violations committed during a school semester. (d) All or part of the forfeiture plus costs, assessments, surcharges and fees may be assessed against the person, the parents or guardian of the person, or both. (5) The court is authorized to order any of the following dispositions upon a finding of habitual truancy: (a) Suspension of the child s operating privilege, as defined in Wisconsin Statutes, Section 340.01(4), for neither less than 30 days nor more than 90 days. The court shall immediately take possession of any suspended license and forward it to the Department of Transportation together with a notice stating the reason for and the duration of the suspension. (b) An order for the child to participate in counseling, community service, or a supervised work program as provided under Wisconsin Statutes, Section 48.34(9). (c) An order for the child to remain at home except during hours in which the child 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 child to leave his/her home if the child is accompanied by a parent or guardian. (d) An order for the child to attend an educational program as described in Wisconsin Statutes, Section 938.34 (5g). (e) An order for the department of workforce development to revoke, under Wisconsin Statute, Section 103.72, a permit under Wisconsin Statute, Section 103.70 authorizing the employment of the person.
Chapter 26 Public Peace & Good Order Page 12 of 13 (f) An order for the person to be placed in a teen court program as described in Wisconsin Statute, Section 938.342 (1g)(f). (g) A forfeiture of not more than $500 plus costs, assessments, surcharges and fees, subject to Wisconsin Statutes, Section 938.37. All or part of the forfeiture may be assessed against the person, the parents or guardian of the person, or both. (h) Any other reasonable conditions consistent with Wisconsin Statutes, Section 118.163, including a curfew, restrictions as to going to or remaining on specified premises and restrictions on associating with other children or adults. (i) An order placing the person under formal or informal supervision, as described in Wisconsin Statutes, Section 938.34(2), for up to one year. (j) An order for 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. (6) School Attendance. No person shall, having under his/her control a child who is between the ages of 6 and 18 years, allow that child to be in noncompliance with Wisconsin Statute, Section 118.15. (7) Any person violating (6) shall forfeit not more than $500, and in default of payment, shall be confined in the county jail until the forfeiture is paid, but not to exceed 30 days, after evidence has been provided by the school attendance officer that the activities under Wisconsin Statutes, Section 118.16(5) have been completed. This penalty section does not apply to a person who has under his/her control a child who has been sanctioned under Wisconsin Statutes, Section 49.50(7)(h). (8) Contribution to Truancy. No person, 18 years of age or older who, by any act or omission, shall knowingly encourage or contribute to the truancy of a child, as defined under Wisconsin Statutes, Section 118.16(1)(c). An act or omission contributes to the truancy of a child, whether or not the child is adjudged to be in need of protection or services, if the natural and probable consequences of that act or omission would be to cause the child to be truant. (9) Any person violating (8) shall forfeit not more than $500, and in default of payment, shall be confined in the county jail until the forfeiture is paid, but not to exceed 30 days. This penalty section does not apply to a person who has under his/her control a child who has been sanctioned under Wisconsin Statutes, Section 49.50(7)(h). History: Ordinance 248, 4/89 Repealed and Recreated, Ordinance 457, 10/10/2000 26.18 ADOPTION OF STATE SMOKING PROHIBITIONS. All present and future provisions of Section 101.123, Wisconsin State Statutes, titled Smoking Prohibited, is hereby adopted by reference. Any person convicted of violating this section shall be
Chapter 26 Public Peace & Good Order Page 13 of 13 subject to a written warning for an initial violation and monetary penalties up to $250.00 for each additional violation. History: Created, Ordinance 579, 9/20/2011