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, employee 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 employees 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 employee 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.
134.43
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(3m)
(3m) Subsections (2) (b),
(2m) and
(3) do not apply to information regarding the name, address or employer of or financial information related to a subscriber or member of a subscriber's household that is requested under
s. 49.22 (2m) by the department of workforce development or a county child support agency under
s. 59.53 (5).
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.
134.45
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.
134.45(1)(b)
(b) "Public exhibition" shall mean any exhibition, performance or display which the public may see, view or attend for an admission price, fee or other valuable consideration.
134.45(2)
(2) It shall be unlawful for any person to enter into a contract, directly or indirectly, to sell, rent, lease, license, lend, distribute or barter a motion picture film for public exhibition within this state upon the condition imposed by the seller, vendor, renter, lessor, licensor or distributor that such public exhibition thereof shall begin, occur or take place on a certain or specified day or days of the week.
134.45(3)(a)(a) Any person who violates any provision of this section shall, upon conviction thereof, be fined not less than $25 nor more than $300 for the first offense, and shall be fined not less than $300 nor more than $500 for each separate subsequent offense.
134.45(3)(b)
(b) A domestic or foreign corporation, association or limited liability company exercising any of the powers, franchises or functions of a business entity in this state that violates any provision of this section, shall not have the right of, and shall be prohibited from, doing business in this state, and the department of financial institutions shall revoke its certificate to do business in this state.
134.45(4)
(4) When, upon complaint or otherwise, the attorney general or district attorney has good reason to believe that any provision of this section has been violated, he or she shall commence and prosecute the necessary actions in the supreme court, or in the circuit court of the county in which the defendant resides, for enforcement of this section. Such actions may include quo warranto, injunction or any other proceedings.
134.45 History
History: 1993 a. 112,
482,
490;
1995 a. 27.
134.46
134.46
Exhibition of explicit sexual material at outdoor theater. 134.46(1)(a)
(a) "Explicit sexual material" means any pictorial or other visual representation depicting sexual conduct or sadomasochistic abuse.
134.46(1)(b)
(b) "Harmful to minors" means that quality of any description or representation of sexual conduct or sadomasochistic abuse, when it:
134.46(1)(b)1.
1. Predominantly appeals to the prurient, shameful or morbid interest of minors;
134.46(1)(b)2.
2. Is patently offensive to an average person applying contemporary community standards in the adult community as a whole with respect to what is suitable material for minors; and
134.46(1)(b)3.
3. Taken as a whole, lacks serious literary, artistic, political or scientific value for minors.
134.46(1)(c)
(c) "Outdoor theater" means a place where any picture or other visual representation or image is displayed on a screen or other background not completely enclosed by walls and a roof and which screen or background can be seen by individuals not within the confines of the theater.
134.46(1)(e)
(e) "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals or pubic area.
134.46(2)
(2) Exhibition of explicit sexual material prohibited. No person may exhibit explicit sexual material harmful to minors at an outdoor theater with knowledge of the nature of the material, if the material is visible from a public street, sidewalk, thoroughfare or other public place or from private property where it may be observed by minors.
134.46(3)
(3) Penalty. Any person violating this section after receiving proper written notice shall be subject to a forfeiture not to exceed $1,000. Each exhibition constitutes a separate violation of this section.
134.48
134.48
Contracts for the display of free newspapers. 134.48(1)(a)
(a) "Newspaper" means a publication that is printed on newsprint and that is published, printed and distributed periodically at daily, weekly or other short intervals for the dissemination of current news and information of a general character and of a general interest to the public.
134.48(1)(b)
(b) "Place of public accommodation" means a business, accommodation, refreshment, entertainment, recreation or transportation facility where goods, services, facilities, privileges, advantages or accommodations are offered, sold or otherwise made available to the public.
134.48(2)
(2) A contract for the display of a newspaper that is distributed free of charge to the public in a place of public accommodation may not prohibit the person displaying the newspaper for distribution from displaying any other newspaper that is distributed free of charge to the public. A provision in a contract that violates this subsection is unenforceable, but does not affect the enforceability of the remaining provisions of the contract.
134.48 History
History: 1999 a. 9.
134.50
134.50
Poultry dealing regulations. 134.50(1)
(1) It is unlawful for any poultry dealer to purchase any live or dead poultry without registering annually with the county clerk.
