1. For a violation of Section 7.05 of this ordinance he shall forfeit not more than $25.00 and the costs of prosecution and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the County Jail until forfeiture and costs of prosecution are paid, but not exceeding 5 days, provided that for a first offense any person under 18 years of age who shall be found violating the provisions of said section shall be warned of the penalty for such violation by any police officer of the Town and shall be taken and delivered to the custody of the person having legal custody over him and for a second or subsequent offense he shall be dealt with according to the provisions of Chapter 48 of the Wisconsin Statutes.
2. For a violation of any other provisions of this Chapter, except Sections 7.12 and 7.13 of this ordinance, any person shall upon proof and conviction thereof, forfeit not less than $10.00 nor more than $200.00 together with the costs of prosecution, and in default of the forfeiture and costs of prosecution, or either of them, such convicted person shall be committed to and confined within the County Jail or Outagamie County, Wisconsin, until such fine and costs of prosecution are paid, but not to exceed 60 days.
3. Any person, firm, or corporation that shall violate either Sections 7.12 or 7.13 of the provisions of this ordinance shall forfeit not less than $50.00 nor more than $300.00 and the costs of prosecution, and in default of payment of the fine and costs of prosecution, shall be imprisoned in the County Jail until said fine and the costs of prosecution are paid, but not to exceed thirty (30) days. Each day's violation of the provisions of this ordinance shall constitute a separate offense.

7.17 Regulation of Instruments Used for Inhaling or Ingesting Controlled Substances

1. Intent. It is determined by the Town Board of Grand Chute that the open display and availability for sale of simulated controlled substances and instruments used for inhaling or ingesting controlled substances in places of business within the Town suggest and encourages the illegal use of drugs and other controlled substances by the youth of this community; that to protect the health and safety and general welfare of the youth of this community it is necessary that the regulations herein provided be enacted.
2. Definitions as used in this section:
   1. "Cocaine Spoon" is a spoon with a bowl so small that the primary use for which it is reasonably adapted or designed is to hold or administer cocaine, and which is so small as to be unsuited for the typical, lawful uses of a spoon. A cocaine spoon may or may not be merchandised on a chain and 'may or may not be labeled as a "cocaine" spoon or "coke" spoon.
   2. "Controlled Substance" means any drugs, substance or immediate precursor enumerated in Schedules I through V of the Uniform Controlled Substances Act found in Chapter 161 of the Wisconsin Statutes, and as such Schedules may from time to time, be amended.
   3. "Drug" means:
      1. Substances recognized as drugs in the Official Unites States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the Unites States or Official National Formulary or any supplementary to any of them.
      2. Substances intended for use in the diagnosis, cure, medication, treatment or prevention of disease in man or animals.
      3. Substances (other than food) intended to affect the structure of any function of the body of man or animals.
      4. Substances intended for use as a component of any article specified in subsection (1), (2) and (3), above.
   4. "Drug Paraphernalia" means:
      1. All equipment, products and materials of any kind which are intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance, as defined in subsection (2) (b), above. It includes, but is not limited to:
      2. Kits intended for use, or designed for use, in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance, or from which a controlled substance can be derived.
      3. Kits intended for use, or designed for use, in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
      4. Isomerization devices intended for use, or designed for use, in increasing the potency of any species of plant, which is a controlled substance.
      5. Testing equipment intended for use, or designed for use, in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
      6. Scales and balances intended for use, or designed for use, in weighing or measuring controlled substances.
      7. Diluents and adulterants, such as quinine hydrochloride, manitol, mannite, dextrose and lactose, intended for use, or designed for use, in cutting controlled substances.
      8. Separation gins and sifters intended for use, or designed for use, in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.
      9. Blenders, bowls, containers, spoons and mixing devices intended for use or designed for use, in compounding controlled substances.
      10. Capsules, balloons, envelopes and other containers intended for use, or designed for use, in packaging small quantities of controlled substances.
      11. Containers and other objects intended for use, or designed for use, in storing or concealing controlled substances.
      12. Objects intended for use, or designed for use, in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
      13. Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls;
      14. Water pipes;
      15. carburetor tubes and devices;
      16. Smoking and carburetor masks;
      17. Roach clips, meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
      18. Chamber pipes;
      19. Carburetor pipes;
      20. Electric pipes;
      21. Air-driven pipes;
      22. Chillums
      23. Bongs;
      24. Ice pipes or chillers:
      25. In determining whether an object is drug paraphernalia, a court or other authority should consider, in addition to all other logically relevant factors, the following:
      26. Statements by an owner, or by anyone in control of the object, concerning its use;
      27. Prior convictions, if any, of an owner or of anyone in control of the object, under any state or federal law relating to any controlled substance;
      28. The proximity of the object, in time and space to a direct violation of this act, or any state or federal law relating to any controlled substance;
      29. The proximity of the object to controlled substances;
      30. The existence of any residue of controlled substances on the object;
      31. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows intend to use the object to facilitate a violation of this act, or any state or federal law relating to any controlled substance; the innocence of any owner, or of anyone in control of the object, as to a direct violation of such act or law, shall not prevent a finding that the object is intended for use, or designed for use, as drug paraphernalia;
      32. Instructions, oral or written, provided with the object concerning its use;
      33. Descriptive materials accompanying the object which explain or depict its use;
      34. National and local advertising concerning its use;
      35. The manner in which the object is displayed for sale;
      36. Direct or circumstantial evidence of the ratio of sales of the objects to the total sales of the business enterprise;
      37. The existence and scope of legitimate uses for the object in the community;
      38. Expert testimony concerning its use;
   5. "Marijuana or Hashish Pipe" means a pipe characterized by a bowl which is so small that the primary use for which it is reasonably adapted or designed is the smoking of marijuana or hashish, rather than lawful smoking tobacco, and which may or may not be equipped with a screen.
   6. "Manufacturer" shall have the same meaning as given to it by Section 161.01(13) of the Wisconsin Statutes.
   7. "Patient" means the individual for whom a drug is prescribed or for whom a drug is administered; or the owner or the agent of the owner of the animal for which a drug is prescribed or to which a drug is administered; provided that the prescribing or administering referred to in this subsection is in good faith and in the course of professional practice only.
   8. "Person" means any individual, corporation, business, -trust, estate, partnership or association or any other legal entity.
   9. "Practitioner" shall have the same meaning as given to it by Section 161.01(19) of the Wisconsin Statutes.
   10. "Pharmacist" shall have the same meaning as given to it by Section 450.07(3) of the Wisconsin Statutes.
   11. "Prescription" means a written order (or an oral order' later reduced to writing) by a practitioner for a prescription drug for a particular patient which specifies the date of its issue, the name and address of such practitioner, the name and address of the patient and the name and quantity of the prescription drug prescribed, directions for use of the drug, and in case of a written order, the signature of the practitioner.
   12. "Simulated Drugs" and "Simulated Controlled Substances" are any products which identify themselves by using a common name and slang term associated with the controlled substance or indicate by label or accompanying promotion material that the product simulates the effect of a controlled substance or drug.
   13. "Wholesaler" shall have the same meaning as given to it by Section 450.07(3)(h) of the Wisconsin Statutes.
3. Sale and Display of Instrument and Simulated Controlled Substances Prohibited.
   1. It shall be unlawful for any person to sell, offer for sale, display, furnish, supply or give away, any cocaine spoon, marijuana pipe, hashish pipe, simulated drugs or simulated controlled substances, or any drug paraphernalia.
   2. Prohibition in this section shall not apply to.
      1. The display of any such item as a place of display for education or scientific purposes;
      2. Manufacturer, wholesalers, pharmacists, practitioners engaged in the normal, lawful course of their respective business or professions, nor to patients possessing such materials pursuant to a valid prescription or suffering from diabetes or any other medical condition requiring self-injection, nor to warehouse men or their employees engaged in the lawful transportation of simulated controlled substances or instruments, nor to public officers or employees while engaged in the performance of their official duties.
   3. Penalty. Any person who shall violate any provision of this Section shall upon conviction thereof, be subject to a penalty as provided in Section 25.05 of this Code.
      1. Construction; Severability. It is the legislative intent that all provisions and sections, clauses and sentences of this section be liberally construed, and should any provision, section, clause or sentence be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions, sections, clauses, or sentences, it being the intent that this ordinance shall stand notwithstanding of the validity of any provision, section, clause or sentence.
      2. No person shall use, possess, manufacture or deliver to an adult or minor in the Town of Grand Chute any drug paraphernalia in violation of Sections 161.573(2), 161.574(2) and 161.575(2), Wisconsin Statutes, herein incorporated by reference as if fully set forth herein.

7.18 Unnecessary Acceleration or Accelerating of Vehicles Prohibited

1. No person shall cause, by excessive and unnecessary acceleration, the tires of any vehicle to spin and emit loud noises or to unnecessarily throw stones or gravel; nor cause to be made by excessive and unnecessary acceleration any loud noise as would disturb the public peace.
2. No person shall operate a motor vehicle in a manner so as to cause "spinning donuts" wherein a vehicle is driven rapidly in a tight radius, or in a manner known as "fishtailing" wherein the vehicle is driven in such a manner as to cause the rear end of the vehicle to unnecessarily sway from side to side.
3. Penalties: Any person who shall violate the provision of this Ordinance, being Section 7.18, or any part thereof, shall be punished by forfeiture of not less than $10.00 no more than $100.00 for each offense, together with the cost thereof and in default of payment thereof shall be imprisoned in the County Jail for not exceeding thirty (30) days. Furthermore, there is hereby adopted a schedule of cash deposit/bond schedule, in the amount of $50.00 for the first offense, with a further schedule of cash deposits/bond schedule for a second offense within one year of $100.00.

7.19 Possession and Consumption of Intoxicants on Public Streets, Public Ways & Private Property

1. No person shall consume any intoxicating liquor or fermented malt beverage while in or upon any street, alley, sidewalk, thoroughfare, parking lot, or other public way. No person shall consume any intoxicating liquor or fermented malt beverage while in or upon any private property without the property owner's consent.
2. All purchases of intoxicating liquor or fermented malt beverages by glass or in open containers shall be consumed upon the licensed premises where purchased and where served and shall not be removed to the public areas, or private areas, set forth in subsection (1) above.
3. No person shall possess any glass or open container containing intoxicating liquor or fermented malt beverages in or upon any public areas set forth in subsection (1) above, or in/upon any private property without the owner's consent as set forth in subsection (1) above.
4. The Town Board of Supervisors may, in special circumstances, where it is satisfied that adequate supervision and police protection exists and upon application thereof by any person, permit the consumption or possession of intoxicating liquor or fermented malt beverage contrary to this Ordinance, provided said permission is limited to a specific date, a specific time, and a specific location.
5. Penalties: Any person who shall violate the provisions of this Ordinance or any part thereof, shall be punished by forfeiture of not less than $25.00 nor more than $250.00 for each offense, together with the costs thereof and in default of payment thereof, shall be imprisoned in the County Jail for a period not exceeding 30 days. Furthermore, the Town of Grand Chute hereby adopts a schedule of cash deposit/bond schedule of $50.00 for the first offense, with a further schedule of cash deposit/bond schedule for a second offense within one year of $75.00.

7.20 Underage and Intoxicated Person; Presence on Licensed Premises; Possession; Proof of Age: Other General Restrictions; and Penalties

Pursuant to Section 125.10, Wisconsin Statutes, The Town does hereby adopt by reference Sections 125.07, 125.08 and 125.09, Wisconsin Statutes. That a violation thereof may be prosecuted as a Town Ordinance violation pursuant to this Ordinance and the adoption of the above referenced, state statutes.

That the penalty and deposit schedule as attached (See Below) hereto shall be in full force and effect as the penalty for each violation of said sections; that for any above adopted section that does not have a penalty assessment or deposit schedule pursuant to the attachment the penalty for a first violation shall be $50.00 and a second violation within twelve months of $100.00; that the penalty assessment shall be $20.00 and the deposit required shall be the amount of the fine/penalty, plus penalty assessment and $10.00 court costs.

7.21 Controlling The Procession of Cigarettes or Tobacco Products by Persons Under The Age of 18

1. Pursuant to Section 48.983, Wisconsin Statutes, the Town hereby adopts by reference Section 48.983(z)(c), Wisconsin Statutes. That a violation thereof may be prosecuted as a Town Ordinance violation pursuant to this Ordinance and the adoption of the above referenced state statute.
2. That the penalty shall be as follows and shall be in full force and effect as of adoption of this ordinance:
   1. A minor in violation of this law may face one or more of the following penalties:
      1. Counseling of the child or the parent/guardian.
      2. A forfeiture not to exceed $25.00. (If a child fails to pay the fine, the court may suspend the child's motor vehicle operating privileges for not less than 30 days or more than 90 days).
      3. Participation in a supervised work program.

7.22 Loitering By Minors

1. Definitions.
   1. "Loitering" means remaining idle in essentially one location and includes the concept of spending time idly; to be dilatory; to linger aimlessly; to stay; to delay; to stand around, and shall also include the colloquial expression, "hanging around."
   2. "Minor" means any person less than 18 years of age.
2. Loitering of Minors Prohibited. It shall be unlawful for any minor to loiter in or upon the public streets, highways, roads, alleys, parks, public buildings, premises licensed for the sale of alcohol beverages, vacant lots, vacant buildings, playgrounds or school grounds in the Town of Grand Chute, either on foot or in or upon any conveyance being driven or parked thereon, between the hours of 10:00 P.M. and 5:00 A.M. of the following days, Sunday through Thursday, and between 11:00 P.M. and 5:00 A.M. Friday and Saturday, unless said minor is accompanied by his or her parent, guardian or adult person having legal custody or control.
3. Responsibility of Parents. It shall be unlawful for the parent, guardian, or other adult person having legal custody or control of any minor to suffer to permit or by inefficient control allow such minor to violate this section unless said minor is accompanied by his or her parent, guardian or other adult person having legal custody or control.
4. Penalty, Minor. Any minor who violates this section shall be penalized pursuant to Section 8.12 of the code of ordinances for the Town of Grand Chute.

7.23 Possession of Marijuana

No person shall possess any amount of marijuana, tetrahydrocannabinois or any derivative thereof, unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a licenses physician or pharmacist for a valid medical purpose. Their marijuana in possession should be consistent with the amount needed for personal use only, and not in an amount that is intended for distribution.

7.24 Substance Release

1. Declaration of Intent.
   1. Cleanup. -Means an operation where any solid, liquid, vaporous, or gaseous substance that creates a known, potential or suspected material, safety or health hazard, public nuisance, or a deleterious effect upon the environment is removed, contained, incinerated, neutralized, stabilized,, cleared-up, or in any manner processed, handled or disposed of with the primary goal of restoring the site to its pre-incident condition or, secondarily, to make the site harmless to people and the environment. This language is consistent with the definition of clean-up operation in 29 CFR 1910.120.
   2. Emergency Response. Means a response effort by trained employees from outside the immediate incident area or by other designated responders to a known, potential or suspected substance release that results, or is likely to result, in an uncontrolled release of a known, potential or suspected material, safety, health or environmental hazard. The intent of defining emergency response in this section is to allow trained personnel to implement and coordinate assessment, containment, clean-up and restoration operations of substance releases within an incident command system in accordance with 29 CRF 1910.120.
   3. Entity. Means each and every individual, agent, firm, company, partnership, corporation, business establishment, or other enterprise.
   4. Strict Liability. Means liability without fault. Specifically, each and every entity responsible for containment of a solid, liquid, vaporous or gaseous substance at the point of release into the ecosystem of the Town of Grand Chute, including owners, controllers, and possessors of those substances, shall assume joint and several responsibility for pecuniary liabilities of those releases for containment, clean-up, restoration expenses and associated administrative fees, legal fees, and court costs. The intent of incorporating strict liability in this section is to reject matters of care, negligence, knowledge, ignorance, good faith, bad faith, or any other justification as a cause or reason for being a responsible entity in a substance release incident.
2. Emergency Response. The release into the ecosystem of the Town of Grand Chute of any solid, liquid, vaporous, or gaseous substance that creates a known, potential or suspected material, safety, health or environmental hazard, or public nuisance within the Town of Grand Chute, except those occurring during sanctioned waste disposal, hazardous material collection or landfill activities, shall be considered such a hazard, unless determined otherwise by the on-scene incident commander, and be a condition that warrants an emergency response.
3. Containment, Clean up and Restoration. The entity responsible for containment of a solid, liquid, vaporous or gaseous substance at the point of release into the ecosystem of the Town of Grand Chute, including owners, controllers, and possessors of those substances, except those specifically sanctioned to perform waste disposal, hazardous materials collection or landfill activities, which presents a known, potential or suspected material, safety, health, or environmental hazard or public nuisance, shall begin immediate actions to clean and clean-up the offending substance and restore the site to its original condition upon direction of any emergency management, law enforcement or fire department representative having jurisdictional authority. Should an entity fail to comply for any reason or is not capable of completing the requirements of this subsection in a time-frame that is acceptable to the incident commander, emergency management, law enforcement or fire department representative having jurisdictional authority, such public officials may order containment, clean-up, and site restoration actions to be taken by public or private agencies.
4. Strict Liability. No person or entity shall release into the ecosystem of the Town of Grand Chute any solid, liquid, vaporous or gaseous substance that creates a known, potential or suspected material, safety, health or environmental hazard, or public nuisance within the Town of Grand Chute, except those occurring during sanctioned waste disposal, hazardous material collection or landfill activities. The entity responsible for containment of a solid, liquid, vaporous or gaseous substance at the point of release into the ecosystem of the Town of Grand Chute, including owners, controllers, and possessors of those substances, shall be strictly liable, jointly and severally, for all reasonable and necessary expenses, as determined by the Town of Grand Chute Fire Department, or the Outagamie County Local Emergency Planning Committee (LEPC), for those releases, per sub. (3), plus legal fees and court costs associated with enforcement and collection activities under this section.
5. Reimbursement. Agencies involved in the containment, clean-up and restoration of substance releases shall be allowed to recoup reasonable and necessary expenses for those activities, including, but not limited to, personnel-hours, equipment-hours, supplies, equipment losses, administrative costs, legal fees and court costs, per sub.
6. Agencies seeking reimbursement under this section shall develop charge-back criteria for substance release response operations and submit that criteria to the Outagamie County Local Emergency Planning Committee (LEPC) for claims review determinations. Agencies seeking reimbursement under this subsection shall submit claims stating their expenses to the responsible entity with a copy to the Outagamie County LEPC within 30 days of the incident date. Claims for reimbursement received after 30 days of the incident date may not be reviewed or approved by the Outagamie County LEPC, except in cases of protracted site restorations or extenuating circumstances, as determined by the Outagamie County LEPC. The Outagamie LEPC shall review claims submitted in accordance with this subsection and determine those expenses that were reasonable and necessary under sub. (3). The agency seeking-reimbursement shall provide those entities that are strictly liable with written notice of final determinations under this subsection. If an individual or entity receiving notice objects to the amount of claimed expenses, that individual or entity may petition the Outagamie County LEPC in writing within 10 days of receiving such notice that the Outagamie County LEPC review its determinations. Such request must state specific objections to claimed expenses and offer concise rationale for those objections. The Outagamie County LEPC may modify its determination and shall notify the entity of the results of its review. The Outagamie County LEPC shall be allowed to recoup expenses for processing claims under this section. The entity that is strictly liable under sub. (3) shall make direct reimbursement to each agency that submitted a claim in accordance with this subsection.
7. Site Access. Access to any site, public or private, where there is a known, potential or suspected substance release will be provided to the incident commander, emergency management, law enforcement or fire department representative having jurisdictional authority for purposes of implementing and coordinating assessment, containment, clean-up, and restoration operations.
8. Public Protection. Should any substance release occur that indicates a material, safety, health or environmental hazard to the public or any person or persons at, near, or around the incident site and the situation appears to be so critical that immediate action must be taken to protect safety, health, or the environment, the incident commander or emergency management, law enforcement or fire department representative having jurisdictional authority on the scene may order an evacuation of the area or take other appropriate measures, as determined necessary. Personnel involved in the containment, clean up, and site restoration of substance releases per sub. (3) shall be trained to the standards required for their functional responsibilities, except that such personnel shall be allowed to perform necessary defensive actions upon the release of substances per sub. (3) to a point where such releases are controlled, contained or otherwise not presenting an unreasonable safety, health or environmental risk and to a point where personnel health and safety of the responders is not placed at unnecessary risk.
9. Enforcement. The chief law enforcement official or their designated representative of jurisdiction shall have authority to issue citations for violations of this section. Citations shall be in a form that is in accordance with s66.119, Wis. Statues.
10. Forfeitures. Entities that fail to comply with this section shall be subject to citations, per sub. (8) of this section, and to forfeitures, in accordance with Chapter 28 of the Town Municipal Code, in addition to reimbursements, per sub.(5) of this section.
11. Civil Liability. Any entity in violation of this Chapter shall be liable to the Town of Grand Chute for any expenses incurred by the Town of Grand Chute for loss or damage sustained by the Town of Grand Chute or its agents by reason of such violation, including legal fees and court costs for enforcement and collection under this section.
12. Enforceability. This Ordinance shall be effective upon adoption and publication as provided by law. In any portion of this Ordinance is determined by law to be unenforceable, the remainder of the Ordinance shall continue in full force and effect to the maximum extent allowed by law.
13. Penalty. No person shall obstruct, hinder or delay the Town of Grand Chute or any of its agents in the enforcement of an order, rule, regulation or plan issued pursuant to the authority contained in this chapter.