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«Title 9 PUBLIC PEACE, MORALS AND WELFARE Chapters: I. OFFENSES AGAINST OFFICERS AND GOVERNMENT 9.04 False Alarms 9.08 Enforcement 9.10 Private Alarm ...»

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Title 9

PUBLIC PEACE, MORALS AND WELFARE

Chapters:

I. OFFENSES AGAINST OFFICERS AND GOVERNMENT

9.04 False Alarms

9.08 Enforcement

9.10 Private Alarm System

II. OFFENSES AGAINST THE PERSON

9.12 Assault and Battery

9.16 Fair Housing

III. OFFENSES AGAINST HEALTH AND SAFETY

9.20 Abandoned Refrigerators

9.24 Boating Regulations

9.28 Explosives

9.30 Hunting

9.32 Fireworks and Firearms

9.35 Occupancy

9.36 Public Nuisance

9.37 Possession of Marijuana

9.375 Synthetic Cannabinoid Prohibited

9.38 Smoking

9.39 Public Bridges

IV. OFFENSES AGAINST PUBLIC DECENCY

9.40 Cruelty to Animals--Exhibition

9.42 Obscene Materials and Performances

9.43 Exposing Minors to Harmful Materials

9.44 Gambling

9.48 Prostitution

V. OFFENSES AGAINST PUBLIC PEACE

9.50 Carrying Containers and Throwing Objects within Spectator Facilities

9.52 Public Intoxication

9.56 Disorderly Conduct

9.58 Block Party

9.59 Special Events

9.60 Marches and Public Assemblies

VI. OFFENSES AGAINST PROPERTY

9.61 Trespass

9.62 Retail Theft

9.63 Damage to Property

9.64 Fences

9.65 Graffiti

9.68 Injuring Property--Sidewalks

9.72 Bill Posting--Handbills 204 (Eau Claire 12/2010) 9.04.010--9.04.030

9.74 Camping

9.76 Parks--Public Grounds

9.77 Fraud on Residential Landlords

9.78 Obtaining Utility Service by Fraud

9.79 Taxicabs and Motor Buses

VII. CONSUMER PROTECTION

9.80 False Weights and Measures

9.82 Library Materials

VIII. OFFENSES BY OR AGAINST MINORS

9.84 Offenses

IX. MISCELLANEOUS PROVISIONS

9.88 Emergency Powers

I. OFFENSES AGAINST OFFICERS AND GOVERNMENT

Chapter 9.04 FALSE ALARMS*

Sections:

9.04.010 False alarm--Prosecution.

9.04.020 False fire or police warning--Prosecution.

9.04.030 Enforcing penalty.

9.04.040 Charges for false alarms.

9.04.010 False alarm--Prosecution. Any person who wilfully gives or makes a false alarm of fire,or who employs any bellman, or uses or causes to be sounded any bell, horn or bugle or other sounding instrument, or who employs any device, noise or performance tending in either case to the collection of persons on the streets, sidewalks or other public places, to the obstruction of the same, for any purpose whatsoever, shall be subject to a fine not exceeding twenty-five dollars besides the costs of prosecution.

(Prior code §20.07).

9.04.020 False fire or police warning--Prosecution. No person shall wilfully use or employ in the city any bell, whistle, horn, sounding instrument or alarm or any device, noise or performance tending to imitate or imitating any bell, whistle, horn, sounding instrument or alarm of any device, noise or performance, used by the police department or fire department of the city in the performance of the duties of such departments or either thereof, and any person violating the provisions of this section shall be subject to a fine not exceeding twenty-five dollars besides costs of prosecution. (Prior code §20.08).

9.04.030 Enforcing penalty. Any person in default of payment of forfeitures and costs of prosecution fixed in Sections 9.04.010 and 9.04.020, inclusive shall be imprisoned in the county jail of Eau Claire County for not more than thirty days. (Prior code §20.09(part)).

__________________________

* For provisions of general charter law authorizing cities to act for the health, safety and welfare of the public, see WSA 62.11(5)).

–  –  –

9.04.040 Charges for false alarms. A. "False alarm" means an alarm signal which elicits a response by the police when a situation requiring a response by the police does not in fact exist.

B. Any person having a burglar, hold-up or any type of intrusion alarm shall be charged a fee as stated in the City of Eau Claire Fees and Licenses Schedule for the indicated number of false alarms responded to by the police department within a calendar year.

C. If the possessor of the alarm shows to the satisfaction of the chief of police that such false alarm was not the result of negligence or improper maintenance, or other good and sufficient cause beyond the reasonable control of the possessor of the alarm, such fee may be waived and the response shall not count as a false alarm in computing the fee established under subsection B. (Ord. 6363 §28, 2002; Ord. 6235 §1, 2001; Ord. 4343, 1983).

–  –  –

Sections:

9.08.010 Failure to enforce.

9.08.020 Refusal to assist officer.

9.08.030 Illegal premises--Right of entry.

9.08.010 Failure to enforce. If the chief of police or any police officer of the city neglects to perform any duty required by him by this title, he shall pay a fine of not less than three nor more than fifty dollars, together with costs of prosecution. (Prior code §20.04).





9.08.020 Refusal to assist officer. Any person who refuses to assist any officer in arresting any person for any offense under this title, whenever called upon by an officer for assistance, shall, upon conviction thereof, pay a fine of not less than one nor more than twenty dollars, or if any person resists any officer, or counsels resistance to any officer in the discharge of his duties under this title, such person shall be subject to a like penalty. (Prior code §20.05).

9.08.030 Illegal premises--Right of entry. If the owner or keeper or any person within any gambling house or room, any disorderly house, or any house of ill fame within this city refuses to permit the city manager, any alderman, the chief of police or any policeman to enter the same, it shall be lawful for either of said officers to enter, or cause the same to be entered by force, by breaking the doors or otherwise and arrest with or without warrant the suspicious persons found therein. (Prior code §20.21).

_____________________________

* For statutory provisions punishing misconduct in office or de facto office, see WSA 946.12 and 946.18; for statutory provisions punishing refusal to aid an officer, see WSA 946.40; for provisions punishing impersonation of officers, see WSA 946.69 and 946.70.

–  –  –

9.10.010 Purpose. The purpose of this chapter is to establish control of the various types of intrusion, holdup, fire extinguishment, smoke detection and other emergency signals from telephone or electronic devices that would require police or fire response, investigation and safeguarding of property at the location of an event reported by a signal which is transmitted by telephone or radio, or which is otherwise relayed to the emergency communications center by an alarm device requiring investigation or other action by any person acting in response to a signal actuated by an alarm device, including such devices already in use within the city. (Ord. 3849 (part), 1978).

9.10.020 Definitions. For the purpose of this chapter:

A. "Central alarm station" means any facility operated by a business that owns or leases a system of police or fire alarm devices, which facility is manned by operators who receive, record or validate alarm signals and relay information about such validated signals to the police department or fire department when appropriate.

B. "Emergency communications center" means the communications center located within the police department headquarters which handles the emergency phone calls and radio communications for the police and fire departments.

C. "Fire department" means the city fire headquarters and other locations housing privately or publicly owned equipment serving the fire department.

D. "Police department" means the city police headquarters and other locations housing privately or publicly owned equipment serving the police department.

E. "Premises or local alarm" means any alarm which produces an audible or visible signal designated to notify persons within audible or visual range of the signal.

F. "Private alarm system" means any system which, when actuated by an unlawful act, fire or other emergency requiring police or fire department response, transmits a prerecorded message or other signal by telephone, radio or other means to a central alarm station.

G. "Telephone or electronic device" means any device which is a telephone device or telephone attachment, that automatically or electronically selects a telephone line connected to a central alarm station.

(Ord. 3849 (part), 1978).

9.10.030 Devices prohibited. A. No person shall use, or cause or permit to be used, any telephone or electronic device or attachment that automatically selects a public primary telephone trunk line of the police department, fire department or emergency communications center and then reproduces any prerecorded message to report any unlawful act, fire or other emergency.

B. This section shall not apply to security systems required under government contract where no government-approved private alarm system, required under said contract, is readily available, in the judgment of the chief of police, to provide such a security system. The type and manner of direct (Eau Claire) 207 9.10.040--9.12.010 connection of said system with the police department shall be subject to the review and approval of the chief of police. If, at any time after such direct connection to the police department, a government-approved private alarm system becomes available which can reasonably replace such direct connected system, the chief of police may require the disconnection of the system. (Ord. 4559, 1985; Ord. 3849 (part), 1978).

9.10.040 Private alarm systems. Any person owning, leasing or operating a private alarm system shall also monitor such service at all times during the hours that such a system is in operation and inform the emergency communications center of alarms transmitted to the central alarm station. (Ord. 3849 (part), 1978).

9.10.050 Exception. None of the provisions of this chapter shall apply to any official governmental body or subdivision thereof which owns, operates and maintains its own alarm equipment. (Ord. 3849 (part), 1978).

9.10.060 Penalty. Any person who violates any provision of this chapter shall be subject to forfeiture in an amount not exceeding two hundred fifty dollars for each offense. Each day during which a violation continues shall be deemed to be a separate offense. (Ord. 3849 (part), 1978).

–  –  –

Sections:

9.12.010 Prohibited--Punishment.

9.12.010 Prohibited--Punishment. Any person who commits an assault and battery upon another within the limits of the city shall, upon conviction thereof, be punished by a fine not exceeding one hundred dollars nor less than one dollar, together with the costs of prosecution; and in default of payment of such fine and costs, shall be imprisoned in the county jail until said fine and costs are paid, but not to exceed three months. (Prior code §20.12).

__________________________

* For statutory provisions punishing aggravated battery, see WSA 940.19.

–  –  –

9.16.010 Definitions. A. "Accommodation" includes any room, apartment, house, building or structure, any part of which is used for human habitation on a temporary or permanent basis.

B. "Discriminate", "discrimination", and "discriminating" refer to any type of act or refusal to act prohibited by this chapter which is based to any degree on a consideration by the actor of the race, color, religion, ancestry, national origin or sex of another person.

C. "Housing" includes any part of any building, structure or land, whether or not vacant.

D. "Handicap" means any physical disability or developmental disability as defined under s.

51.01(5)(a) of the Wis. Statutes. (Ord. 4247 §1, 1982; Ord. 3634 (part), 1976; prior code §23.60(7)).

9.16.020 Purpose. It is declared to be the policy of the city pursuant to the United States and Wisconsin Constitutions and also its power to protect the public health, safety, and general welfare, that all persons, regardless of sex, race, color, handicap, religion, national origin, sex or marital status of the person maintaining a household, lawful source of income, age or ancestry are entitled to fair and equal access to housing; and to that end the city enacts the following provisions, which prohibit any person not herein exempted from discriminating against any other person by impairing, to any degree, access to any housing or housing accommodations on the basis of sex, race, color, handicap, religion, national origin, sex or marital status of the person maintaining a household, lawful source of income, age or ancestry. (Ord. 4247, 1982;

Ord. 3634 (part), 1976; prior code §23.60(1)).

9.16.030 Prohibited acts. A. Except as otherwise exempted in this chapter, it is prohibited

discriminatory practice for any person to:

1. Print, publish, circulate, issue, display, post, mail or communicate in any other way any announcement, statement, advertisement, publication or sign, the import of which indicates to any degree a decision or purpose to impair in any way the access of any person on the basis of his sex, race, color, handicap, religion, national origin, sex or marital status of the person maintaining a household, lawful source of income, age or ancestry, to any transferable interest in any housing or housing accommodations;

2. Refuse to sell, lease, sublease, rent or in any other manner, deny, withhold or impair the transfer of title, leasehold or any other interest in any part of any housing or housing accommodation, when such refusal is based to any degree on a consideration of sex, race, color, handicap, religion, national origin, sex or marital status of the person maintaining a household, lawful source of income, age or ancestry of the person refused;

___________________________



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