134.33(5)(c)
(c) An article consisting of at least nine hundred eighty-five thousandths parts of platinum, iridium, palladium, ruthenium, rhodium or osmium, where solder is not used and at least nine hundred fifty thousandths parts of said metals where solder is used, provided more than five hundred thousandths parts of said article consist of pure platinum, may be marked with the word "platinum," provided that said word is immediately preceded by a decimal fraction in one-thousandths showing the platinum content in proportion to the content of the entire article, and further provided that said mark "platinum" be followed by the name or abbreviation as herein allowed, of such one or more of the following metals, to wit: iridium, palladium, ruthenium, rhodium or osmium, that may be present in the article in quantity of more than fifty-thousandths parts of the entire article. The name of such other metal or metals other than platinum, however, shall each be immediately preceded by a decimal fraction in one-thousandths showing the content of such other metal or metals in proportion to the entire article, as for example, 600 plat., 350 pall., or 500 plat., 200 pall., 150 ruth., 100 rhod.
134.33(5)(d)
(d) An article consisting of nine hundred fifty thousandths parts of the following metals: platinum, iridium, palladium, ruthenium, rhodium or osmium with less than five hundred thousandths parts of the entire article consisting of pure platinum, may be marked with the name iridium, palladium, ruthenium, rhodium or osmium, whichever predominates in the said article, but in no event with the mark "platinum," provided, however, that the quantity of such metal other than platinum so marked, must be marked in decimal thousandths, and provided further that the name of such metal other than platinum so used must be spelled out in full irrespective of any other provisions of this article to the contrary.
134.33(5)(e)
(e) An article composed of platinum and gold which resembles, appears or purports to be platinum, may be marked with a karat mark and the platinum mark, provided:
134.33(5)(e)1.
1. The platinum in such article shall be at least nine hundred eighty-five thousandths parts pure platinum; and
134.33(5)(e)2.
2. The fineness of the gold in such article shall be correctly described by the karat mark of said gold; and
134.33(5)(e)3.
3. The percentage of platinum in such article shall be no less than five per cent in weight of the total weight of the article; and
134.33(5)(e)4.
4. The mark shall be so applied that the karat mark shall immediately precede the platinum mark, as for example, "14 K & Plat.", "18 K & Plat.", as the case may be, it being expressly provided that in case the percentage of platinum exceeds the 5% provided herein, the quality mark may also include a declaration of the percentage of platinum, as for example, "18 K & 1/10th Plat.", or "14 K & 1/8th Plat.", or as the case may be.
134.33(5)(f)
(f) An article composed of platinum and any other material or metal not resembling, appearing or purporting to be platinum, may be marked with the quality mark platinum provided all parts or portions of such article resembling or appearing or purporting to be platinum, or reasonably purporting to be described as platinum by said quality mark, shall be at least nine hundred eighty-five thousandths parts pure platinum.
134.33(6)(a)(a) Whenever provided for in this article, except as specifically excepted, the word "platinum" may be applied by spelling it out in full or by the abbreviation "plat.", the word "iridium" may be applied by spelling it out in full or by the abbreviation "irid.", the word "palladium" may be applied by spelling it out in full or by the abbreviation "pall.", the word "ruthenium" may be applied by spelling it out in full or by the abbreviation "ruth.", the word "rhodium" may be applied by spelling it out in full or by the abbreviation "rhod.", and the word "osmium" may be applied by spelling it out in full or by the abbreviation "osmi.".
134.33(7)(a)(a) In any action relating to the enforcement of any provision of this section, a certificate duly issued by an assay office of the treasury department of the United States, certifying the weight of any article, or any part thereof, or of the kind, weight, quality, fineness or quantity of any ingredient thereof, shall be receivable in evidence as constituting prima facie proof of the matter or matters so certified.
134.33(7)(b)
(b) In any action relating to the enforcement of this section, proof that an article has been marked in violation of this section shall be deemed to be prima facie proof that such article was manufactured after July 1, 1937.
134.33(8)
(8) Penalties. Any person, firm, partnership, corporation or association or any officer, director, employe or agent thereof who makes, or sells, or offers to sell, or disposes of, or has in his or her or its possession, with intent to sell or dispose of, any article as herein defined to which is applied any quality mark which does not conform to all the provisions of this section, or from which is omitted any mark required by this section, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 6 months, or by both such fine and imprisonment in the discretion of the court, provided, however, that it shall be a defense to any prosecution under this section for the defendant to prove that the said article was manufactured and marked with the intention of and for purposes of exportation from the United States, and that the said article was either actually exported from the United States to a foreign country within 6 months after date of manufacture thereof with the bona fide intention of being sold in the said country and of not being reimported, or that it was delivered within 6 months after date of manufacture thereof, to a person, firm or corporation whose exclusive customary business is the exportation of such articles from the United States.
134.33(10)
(10) Effective date. This section shall take effect July 1, 1937, and shall not apply to any article manufactured prior thereto.
134.34
134.34
Duplication of vessel hulls and parts. 134.34(1)(a)
(a) "Direct molding process" means any direct molding process in which the original manufactured vessel hull or component part of a vessel is itself used as a plug for the making of the mold, which is then used to manufacture a duplicate item.
134.34(1)(b)
(b) "Mold" means a matrix or form in which a substance or material is shaped.
134.34(1)(c)
(c) "Plug" means a device or model used to make a mold for the purpose of exact duplication.
134.34(2)
(2) No person may use the direct molding process to duplicate for the purpose of sale a manufactured vessel hull or component part of a vessel made by another person without the written permission of that other person.
134.34(3)
(3) No person may knowingly sell a vessel hull or component part of a vessel duplicated in violation of
sub. (2).
134.34(4)
(4) This section applies only to vessel hulls or component parts of vessels duplicated using a mold made after June 30, 1983.
134.34(5)
(5) A person who suffers injury or damage as the result of a violation of this section may bring an action in circuit court for an injunction prohibiting the violation. In addition, the person shall be entitled to actual damages incurred as a result of the violation, reasonable attorney fees and costs, notwithstanding
s. 814.04 (1).
134.34 History
History: 1983 a. 324.
134.345
134.345
Form retention and disposal. 134.345(1)(a)
(a) "Customer" means any person who causes a molder to make a form or to use a form to make a product.
134.345(1)(b)
(b) "Form" means an object in or around which material is placed to make a mold for pouring plastic or casting metal, and includes a mold, die or pattern.
134.345(1)(c)
(c) "Molder" means any person who makes a form or who uses a form to make a product.
134.345(2)
(2) Unless a customer and a molder otherwise agree in writing a molder may, as provided in
sub. (3), dispose of a form possessed by a customer if the customer does not take from the molder physical custody of the form within 3 years after the molder's last prior use of the form.
134.345(3)
(3) A molder who wishes to dispose of a form shall send written notice by registered mail with return receipt requested to the customer's last-known address and to any address set forth in the agreement under which the molder obtained physical custody of the form. The notice shall state that the molder intends to dispose of the form. The molder may dispose of the form without liability to the customer if, within 120 days after the molder receives the return receipt of the notice or within 120 days after the molder sends notice if no return receipt is received within that period, the customer does not take physical custody of the form or enter into an agreement with the molder for taking possession or physical custody of the form.
134.345 History
History: 1987 a. 399.
134.35
134.35
Time of filing endorsed on telegrams delivered. 134.35(1)(1) Every person, firm or corporation operating a telegraph line or lines in this state shall, without extra charge therefor, cause to be written, stamped or printed in a conspicuous place upon the addressee's copy of each telegram originating at and destined to a point within this state, the hour and minute of the day in which the copy of such telegram was filed or left with such person, firm or corporation for transmission and the hour and minute of the day when such telegram was received in the office of such person, firm or corporation at its destination.
134.35(2)
(2) Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor.
134.36
134.36
Telegraph; divulging message; preference in sending, etc. Any officer or other person connected with, or in the business or management of, any telegraph company doing business in this state who shall divulge or communicate any telegraph message or dispatch or the substance or any part thereof, except to the person entitled to receive the same, or who shall give unlawful preference in the sending, transmitting or receiving of telegraph messages or dispatches, or shall wilfully fail or neglect to give preference to dispatches or messages in the order of time in which applications are received shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding $500.
134.37
134.37
Divulging message or forging receipt. Any person connected with a telegraph or messenger company, incorporated or unincorporated, operating a line of telegraph or engaged in the business of receiving and delivering messages in this state, in any capacity, who wilfully divulges the contents, or the nature of the contents of a private communication entrusted to the person for transmission or delivery, or who wilfully refuses or neglects to transmit or deliver the same, or who wilfully forges the name of the intended receiver to a receipt for any such message or communication or article of value entrusted to the person by said company, shall be imprisoned in the county jail, not exceeding one year, or be fined not to exceed $500, in the discretion of the court.
134.37 History
History: 1993 a. 482.
134.38
134.38
Companies to post copies of s. 134.37. All telegraph or messenger companies whose employes are affected by
s. 134.37 are hereby required to post, in their offices in this state, a copy of
s. 134.37, under a penalty of $10 and costs for each and every offense.
134.38 History
History: 1979 c. 89.
134.39
134.39
Fraudulent knowledge of dispatch; injury to wires; interference. Any person who shall, by any device or means whatever, procure or attempt to procure from any officer or other person connected with or in the business or management of any telegraph company transacting business within this state, any knowledge of the contents or substance of any telegraph message or dispatch not addressed to himself or herself or to which he or she is not entitled, or who shall, without lawful authority, tamper or interfere with, use or in any manner intentionally, carelessly or negligently disturb or interrupt any telegraph wires or lines of any such telegraph company, or who shall intentionally, carelessly or negligently fell any tree or timber so as to break, destroy or injure any such telegraph wires, without first giving 24 hours' notice of his or her intention to do so to some agent of the company at its nearest office or to some agent of a railroad company at its nearest office, in case such wires are constructed along any railroad, or who shall, without the consent of such company, send or attempt to send any message or dispatch over said wire or lines, in any manner whatever, or shall intercept, interrupt or disturb any dispatch passing upon any such wires or lines, or who shall wilfully or maliciously interfere with, obstruct, prevent or delay, by any means or contrivance whatsoever, the sending, transmission or receiving of any wireless telegraph message, communication or report by any wireless telegraph company doing business in this state, or who shall aid, agree with, employ or conspire with any person or persons to unlawfully interfere with, obstruct, prevent or delay the sending, transmission or receiving of any such wireless telegraph message, shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding $1,000.
134.39 History
History: 1993 a. 482.
134.40
134.40
Injury to wires by removal of building, etc. 134.40(1)(1) Except as provided under
sub. (2), any person having the right so to do who shall wilfully remove or change any building or other structure or any timber, standing or fallen, to which any telegraph, telecommunications, electric light or electric power lines or wires are in any manner attached, or cause the same to be done, which shall destroy, disturb or injure the wires, poles or other property of any telegraph, telecommunications, electric light or electric power company transacting business in this state, without first giving to such company, at its office nearest to such place of injury, at least 24 hours' previous notice thereof, shall be imprisoned not more than 30 days or fined not more than $50. And any person who shall unlawfully break down, interrupt or remove any telegraph, telecommunications, electric light or electric power line or wire or destroy, disturb, interfere with or injure the wires, poles or other property of any telegraph, telecommunications, electric light or electric power company in this state shall be imprisoned not more than 3 months or fined not more than $100.
134.40(2)
(2) This section does not apply to any person who is lawfully using a land survey marker for land surveying purposes no more than 30 inches below ground level.
134.40 History
History: 1985 a. 187,
297,
332.
134.41
134.41
Poles and wires on private property without owner's consent. 134.41(1)(1) No person nor any officer, agent, servant or employe of any firm or corporation shall erect any pole or poles outside of the limits of any highway, street or alley or attach any wire or cables to any tree, building or structure, or string or suspend any wire, wires or cables over any private property without first obtaining the consent of the owner or agent of the owner, to erect such pole or poles or to string such wire or wires, or the consent of the owner or agent of the owner of any building or structure to which such wire, wires or cables are attached; and any person who shall fail to remove such pole, poles, wire or wires or to detach such wire, wires or cables within 10 days after such person, firm or corporation has been served with a notice to remove, as hereinafter provided, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding $25.
134.41(2)
(2) Such notice to remove shall be in writing and shall be given by the owner or agent of the owner of the land or of the building or structure, and shall contain a description of the land upon which such pole or poles have been erected, or over which such wires have been strung or attached. Such notice to remove shall be served in the manner prescribed for the service of a summons upon such person, firm or corporation in courts of record.
134.42
134.42
Cable television subscriber rights. 134.42(2)(a)(a) A cable operator shall repair cable service within 72 hours after a subscriber reports a service interruption or requests the repair if the service interruption is not the result of a natural disaster.
134.42(2)(b)
(b) Upon notification by a subscriber of a service interruption, a cable operator shall give the subscriber a credit for one day of cable service if cable service is interrupted for more than 4 hours in one day and the interruption is caused by the cable operator.
134.42(2)(bm)
(bm) Upon notification by a subscriber of a service interruption, a cable operator shall give the subscriber a credit for each hour that cable service is interrupted if cable service is interrupted for more than 4 hours in one day and the interruption is not caused by the cable operator.
134.42(2)(c)
(c) A cable operator shall give a subscriber at least 30 days' advance written notice before deleting a program service from its cable service. A cable operator is not required to give the notice under this paragraph if the cable operator makes a channel change because of circumstances beyond the control of the cable operator.
134.42(2)(d)
(d) A cable operator shall give a subscriber at least 30 days' advance written notice before instituting a rate increase.
134.42(2)(e)1.1. A cable operator may not disconnect a subscriber's cable service, or a portion of that service, for failure to pay a bill until the unpaid bill is at least 45 days past due.
134.42(2)(e)2.
2. If a cable operator intends to disconnect a subscriber's cable service, or a portion of that service, the cable operator shall give the subscriber at least 10 days' advance written notice of the disconnection. A cable operator is not required to give the notice under this subdivision if the disconnection is requested by the subscriber, is necessary to prevent theft of cable service or is necessary to reduce or prevent signal leakage, as described in
47 CFR 76.611.
134.42(3)
(3) Rules and local ordinances allowed. This section does not prohibit the department of agriculture, trade and consumer protection from promulgating a rule or from issuing an order consistent with its authority under
ch. 100 that gives a subscriber greater rights than the rights under
sub. (2) or prohibit a city, village or town from enacting an ordinance that gives a subscriber greater rights than the rights under
sub. (2).
134.42(4)(a)(a) A person who violates
sub. (2) may be required to forfeit not more than $1,000 for each offense and not more than $10,000 for each occurrence. Failure to give a notice required under
sub. (2) (c) or
(d) to more than one subscriber shall be considered to be one offense.
134.42(4)(b)
(b) The department of agriculture, trade and consumer protection and the district attorneys of this state have concurrent authority to institute civil proceedings under this section.
134.42 History
History: 1991 a. 296;
1995 a. 27.
134.43
134.43
Privacy and cable television. 134.43(1)(a)(a) Upon the request of the subscriber, each cable television connection capable of transmitting a message from the cable equipment shall be fitted with a device under the control of the subscriber that enables the subscriber to prevent reception and transmission of messages identified in
par. (b) by the subscriber's cable equipment.
134.43(1)(b)
(b) The device in
par. (a) shall control all messages received and transmitted by the subscriber's cable equipment except messages recurring at constant intervals, including those related to security, fire and utility service.
134.43(1)(c)
(c) Each cable television subscriber shall be notified in writing by the person providing the cable television service of the opportunity to request the device under
par. (a).
134.43(1)(d)
(d) No cable television subscriber may be required to pay any extra fee for the installation and operation of a device requested under
par. (a).
134.43(2)
(2) No person may intrude on the privacy of another by doing any of the following without the written consent of the subscriber given within the preceding 2 years:
134.43(2)(a)
(a) Monitor the subscriber's cable equipment or the use of it, except to verify the system's integrity or to collect information for billing of pay services.
134.43(2)(b)
(b) Provide anyone with the name or address or other information that discloses or reasonably leads to the disclosure of any aspect of the behavior, including but not limited to individual habits, preferences or finances, of the subscriber or of a member of the subscriber's household.
134.43(2)(c)
(c) Conduct research that requires the response of the subscriber or of any member of the subscriber's household, except by mail or personal interview, unless the subscriber or household member has been notified in writing before the research begins and at least once each month while the research is being conducted.
134.43(2m)(a)(a) A person may supply the name, address or other information identifying a cable television subscriber or member of the subscriber's household to another person if the person receiving the information uses it only for billing of pay services or to send listings of cable television programs to the subscriber and if the subscriber is notified in writing of that supplying of information, given the opportunity to object to that supplying and does not object to that supplying.
134.43(2m)(b)
(b) Any person receiving information under
par. (a) may use it only for the purposes specified in
par. (a) and is otherwise subject to
sub. (2).
134.43(3)
(3) Any person who is the victim of an intrusion of privacy under this section is entitled to relief under
s. 895.50 (1) and
(4) unless the act is permissible under
ss. 968.27 to
968.37.
134.43(4)
(4) Any person who violates this section is subject to a forfeiture of not to exceed $50,000 for a first offense and not to exceed $100,000 for a 2nd or subsequent offense.
134.43(5)
(5) Damages under
sub. (3) are not limited to damages for pecuniary loss but shall not be presumed in the absence of proof.
134.43 History
History: 1981 c. 271;
1987 a. 399.
134.45
134.45
Contracts restricting days for exhibiting motion picture films; penalty. 134.45(1)
(1) As used in this section the following words and terms shall be construed as follows:
134.45(1)(a)
(a) "Person" shall include any natural person, partnership, firm, unincorporated association, limited liability company or corporation doing business within this state.
