Wis. Admin. Code Department of Administration § Adm 2.14 - Rules of conduct
Current through November 29, 2021
(1) The following definitions shall apply
under this section:
(a) "Alcoholic beverage"
has the meaning given in s.
125.02(1) ,
Stats.
(b) "Cannabis" means the
resin extracted from any part of the plant Cannabis sativa L., or any other
nonfibrous extract from any part of the plant containing
delta-9-tetrahydrocannabinol.
(c)
"Casually possess" means the possession of not more than 28 grams of cannabis
or 112 grams of marijuana.
(d)
"Drug paraphernalia" means all equipment, products and materials of any kind as
defined in s.
961.571,
Stats.
(e) "Handout" means food,
clothing, money or other item of value donated to a person.
(f) "Marijuana" means all parts of the plant
cannabis Sativa L., whether growing or not; the seeds thereof; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant
or its seeds. It does not include cannabis or any other compound, manufacture,
salt, derivative, mixture, or preparation of the mature stalks, fiber, oil, or
coke, or the sterilized seed of the plant which is incapable of
germination.
(g) "Panhandle" means
to beg for money.
(h)
"Practitioner" means all of the following:
1.
A physician, dentist, veterinarian, podiatrist, scientific investigator, or
other person licensed, registered, or otherwise permitted to distribute,
dispense, conduct research with respect to or administer a controlled substance
in the course of professional practice or research in this state.
2. A pharmacy, hospital, or other institution
licensed, registered, or otherwise permitted to distribute, dispense, conduct
research with respect to, or administer a controlled substance in the course of
professional practice or research in this state.
(i) "Prostitution" means the solicitation for
or acceptance of payment for sexual services.
(j) "Public place" means a place which is in
public ownership or a place to which the public has access, as distinguished
from a private place.
(2) In order to preserve the order that is
necessary for the enjoyment of freedom by occupants of and visitors to the
buildings and facilities, and in order to prevent activities that physically
obstruct access to department lands and buildings or prevent the state from
carrying on its instructional, research, public service, or administrative
functions, and pursuant to s.
16.846,
Stats., whoever does any of the following shall be subject to a forfeiture of
not more than $500:
(a) Without a permit,
possesses an open container which contains an alcoholic beverage on the grounds
or in public places of those buildings and facilities managed or leased by the
department.
(b) Without a permit,
consumes alcoholic beverages on the grounds or in those buildings and
facilities managed or leased by the department.
(c) Smokes a cigarette, a pipe or a cigar in
any area which is not designated by sign as a smoking area in those buildings
and facilities managed or leased by the department.
(d) Without authorization, enters private
offices or nonpublic areas in those buildings and facilities managed or leased
by the department.
(e) Without the
express written approval of the department, uses a public address system or
sound amplification system, or any device capable of amplifying sound,
including but not limited to musical instruments, in those buildings and
facilities managed or leased by the department.
(f) Fails to comply with any existing noise
ordinances of the communities in which those buildings and facilities managed
or leased by the department are located unless specified by the department. The
department shall first notify the party responsible for the sound amplification
equipment or public address system to reduce the level to the prescribed
decibel level.
(fm) Participates in
an event at the Wisconsin State Capitol that engages in violent, abusive,
indecent, profane, boisterous, unreasonably loud, or otherwise disorderly
conduct under circumstances where the conduct tends to cause or provoke a
disturbance that produces sound in excess of 90 decibels as measured on an "A"
weighted decibel scale within 25 feet of the event, and the event hinders or
impedes a prime use of the building, including hearings of the Supreme Court of
Wisconsin, hearings of any legislative body or committee thereof, meetings
between constituents and their constitutional officers, the work of
constitutional officers and their respective staffs, educational tours of the
building and the like. An officer in determining if the noise exceeds 90
decibels shall use reasonably appropriate testing methods. The department shall
first notify the group that their event is not compliant with this subsection
and no citation shall be given for a violation of this subsection unless the
issuing officer first affords the person an opportunity to stop and disperse.
This subsection does not preclude the application of s. Adm 2.14(2) (k) in any
circumstances.
(g) Fails or refuses
to return access devices pursuant to s.
Adm
2.15.
(h)
With the intent to annoy another, makes a telephone call from or to a telephone
located in those buildings and facilities managed or leased by the department
or on state properties surrounding those buildings, whether or not conversation
ensues.
(i) Procures or attempts to
procure a handout from another person in a manner or under circumstances
manifesting an express or implied threat of coercion. Among the circumstances
which may be considered in determining whether such purpose is manifested are
any of the following:
1. The person is a
known panhandler.
2. The person
repeatedly and in a threatening fashion beckons to, stops or attempts to stop
passersby.
3. The person engages
passersby in threatening conversation.
4. The person utilizes threatening bodily
gestures.
(im) The
violator's conduct must demonstrate a specific intent to induce, solicit or
procure goods or money from another person by threat or coercion. No arrest
shall be made for a violation of this subsection unless the arresting officer
first affords the person an opportunity to explain their conduct.
(j) Brings a live animal into those buildings
and facilities managed or leased by the department, with the exception of dogs
used to assist physically disabled individuals or with the express written
permission of the department.
(k)
Engages in violent, abusive, indecent, profane, boisterous, unreasonably loud
or otherwise disorderly conduct under circumstances where the conduct tends to
cause or provoke a disturbance in public places or private areas in those
buildings and facilities managed or leased by the department, or on state
properties surrounding those buildings.
(L) For the owner or keeper of any animal,
permits the same to run at large in those buildings and facilities managed or
leased by the department, or on state properties surrounding those buildings.
Animals shall be deemed at large unless under the control of a person or
restrained by means of a chain, rope or cord of sufficient strength and of a
length not to exceed six feet to control the action of the animal. The
department may prohibit animals at certain public events upon notification to
the public.
(m) Without a permit,
operates devices such as skateboards, coasters, roller-skates, sleds, toboggans
or other similar devices, in those buildings and facilities managed or leased
by the department, or on state properties surrounding those
buildings.
(n) Loiters in or near
any thoroughfare or public place in a manner and under circumstances for the
purpose of inducing, enticing, soliciting or procuring another to commit an act
of prostitution. Among the circumstances which may be considered in determining
whether such purpose is manifested are the following:
1. The person is a known prostitute or
panderer.
2. The person repeatedly
beckons to, stops, or attempts to stop or engages male or female passersby in
conversation.
3. The person
repeatedly stops or attempts to stop motor vehicle operators by hailing, waving
of arms or any other bodily gestures.
(nm) The violator's conduct must be such to
demonstrate a specific intent to induce, entice, solicit or procure another to
commit an act of prostitution. No arrest shall be made for a violation of this
subsection unless the arresting officer affords the person an opportunity to
explain their conduct.
(o) Urinates
or defecates in areas that are not officially identified for that purpose in
buildings or facilities managed or leased by the department, or on properties
surrounding those buildings.
(p)
Enters a locked building or facility managed or leased by the department, or on
the grounds surrounding the executive residence, without the approval of the
department or the tenant agency.
(q) Scales or attempts to scale exterior
walls of those buildings and facilities managed or leased by the
department.
(r) Casually possess
marijuana or cannabis in a public place unless the marijuana or cannabis was
obtained directly from or pursuant to a valid prescription or order of a
practitioner while acting in the course of their professional
practice.
(s) Uses or possesses
with the primary intent to use, drug paraphernalia to plant, propagate,
cultivate, grow, harvest, manufacture, compound, convert, produce, process,
prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale or otherwise introduce into the human body a controlled
substance.
(t) Builds a fire or
burns materials in buildings and facilities managed or leased by the department
or the grounds that surround them without the express permission of the
department.
(u) Willfully,
maliciously or wantonly defaces, injures or destroys any public or private
property of another in buildings and facilities managed or leased by the
department or on the grounds that surround them.
(v) Without approval of the department as may
be provided for by this chapter, conducts an event in those buildings and
facilities managed or leased by the department or on properties surrounding
those buildings.
(vm) Any
participant within or spectator of a group constituting an unlawful event, who
intentionally fails or refuses to withdraw from the event after it has been
declared unlawful, shall be subject to the penalties identified in this
subsection. Any event may be declared unlawful if its participants:
1. Intentionally gather, or intentionally
remain assembled outside any building or facility managed or leased by the
department in any numbers, in any proximity to each other, or in any fashion as
to physically hinder entrance to, exit from, or normal use of the
building.
2. Intentionally
congregate or assemble within any building or facility managed or leased by the
department in any fashion as to obstruct or seriously impair state-sponsored or
state-authorized activities.
3.
Enter the private office of any state employee, unless invited by the
authorized occupant of that office, and then not in excess of the number of
visitors designated or invited by the person.
4. Obstruct or seriously impair passage
through corridors, stairways, doorways, building entrances, fire exits, and
reception areas leading to offices in buildings and facilities managed or
leased by the department.
5. Enter
or occupy any building or facility managed or leased by the department, except
as authorized by s.
Adm
2.04.
6.
Assemble immediately outside rooms in any building or facility managed or
leased by the department at times when they are normally in use for state
business.
7. Bring signs supported
by standards or sticks into a building or facility managed or leased by the
department.
8. Intentionally create
a volume of noise that unreasonably interferes with department-sponsored or
authorized activities.
9.
Intentionally employ force or violence, or intentionally threaten the immediate
use of force or violence, against state employees or officials when in
buildings or facilities managed or leased by the department.
(vr)
1. In par. (vm) "intentionally" means that
the participant or spectator knew that the participant's or spectator's conduct
by itself or in conjunction with the conduct of others had or would have the
prohibited effect.
2. The
department may designate a state official or officials who shall have primary
authority to implement this paragraph, par. (v), and par. (vm). The official
shall prescribe limitations for any event in order to meet the requirements of
this chapter. When informed of any event the department official or designee
may proceed immediately to the site to determine if there is compliance with
these paragraphs. If the official prescribes limitations or has previously
prescribed limitations, and those limitations are not observed by the event
participants, the official may then declare the event unlawful. Any declaration
of illegality or prescription of limitations shall be effective immediately and
binding upon the event participants, unless and until modified or
reversed.
(w) Possesses
fireworks, as defined in s.
167.10(1) ,
Stats., on state property without authorization from the department.
(x) Without consent, intentionally takes,
carries away, uses, transfers, conceals, or retains possession of another
person's property valued at $100 or less.
(y) Knowingly gives false information to a
state police or a security officer, with the intent to mislead the officer in
the performance of their duty.
(z)
Camps in buildings and facilities managed or leased by the department, or on
the grounds that surround them, without the express written approval of the
department. No person may place or erect any facility or structure in or on the
buildings, facilities or grounds which surround them.
(za) Parks or stores a bicycle in buildings,
on sidewalks or driveways, or in motor vehicle parking spaces. Bicycles shall
be parked in areas designated for that purpose or in bicycle racks so as not to
obstruct free passage of vehicles and pedestrians.
(zb) Dumps any waste, trash, debris, rubbish,
earth or other fill, at any buildings or facilities managed or leased by the
department, or in a department collection device without authorization from the
department unless the material was collected at the building or facility. This
paragraph does not restrict the proper disposal of incidental litter.
(zc) Removes any shrubs, vegetation, wood,
timber, rocks, stone, earth, signs, fences, or other materials from buildings
and facilities managed or leased by the department, unless authorized by the
department.
(zd) Engages in conduct
otherwise prohibited by this chapter without the express written approval of
the department.
Notes
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