A.
Destruction of property. No person shall willfully injure or intentionally
deface, destroy, or unlawfully remove or interfere with any property
belonging to the City of New Lisbon, the New Lisbon School District,
or to any private person without the consent of the owner or proper
authority, nor shall any person or organization place or permit to
be placed any sign, poster, advertisement, notice, or other writing
upon any utility ornamental light pole belonging to the City without
the consent of proper authority. Any signs, posters, advertisements,
notices, or other writings so placed shall be removed by law enforcement
authorities and the placing person or organization cited for violation
of this section.
B.
Parental liability. Pursuant to § 895.035, Wis. Stats.,
the parents of an unemancipated minor shall be liable for the damage
of property caused by the willful, malicious or wanton act of such
child; such liability shall not exceed $2,500.
C.
Penalty provisions.
(1)
Any person 18 years of age or over who violates this section is subject to a penalty as provided in § 1-4 of this Code, restitution to the injured party, and the costs of prosecution.
(2)
Any person 12 years of age to 17 years of age shall be subject to
a forfeiture not to exceed $25 and any other applicable penalty provided
by § 938.344, Wis. Stats., as that section may exist or
be amended or changed.
D.
Victim remedies. Any person or entity injured by a violation of this
section by a minor child shall be advised of the rights and remedies
available under § 895.035, Wis. Stats.
A.
Littering prohibited. No person or persons shall, or shall permit
or allow any other person to, deposit, discharge, release or abandon
any solid waste, as that term is defined at § 289.01(33),
Wis. Stats., on any City street, alley, park or other municipal or
governmental property, nor on property owned by another person, nor
in or upon the surface of any body of water in the City of New Lisbon.
B.
Litter from conduct of commercial enterprise.
(1)
Scope. The provisions of this subsection shall apply to all sales,
promotions and other commercial ventures that result in litter being
deposited on any street, alley or other public way.
(2)
Litter to be cleaned up. Any person, firm, corporation or association
carrying on an enterprise that results in litter being deposited on
any street, alley or other public way shall clean up the same within
12 hours of the time the same is deposited. If any such litter is
subject to being blown about, it shall be picked up immediately. If
any such litter is likely to attract animals or vermin, such litter
shall be picked up immediately.
(3)
Litter picked up at litterer's expense. If any person, firm, corporation or association fails to pick up any litter as required by Subsection B(2) within the time specified, the City shall arrange to have the same picked up by City crews or by private enterprise. The entire expense of picking up such litter, together with an additional charge of 20% for administrative expenses, shall be charged to the person, firm, corporation or association that did the littering. If such sum is not promptly paid, steps shall be taken, with the advice of the City Attorney's office, to collect the same. This charge shall be in addition to any forfeiture or other penalty for violation of this section.
C.
Depositing of materials prohibited. It shall be unlawful for any
person to deposit or cause or permit to be deposited, placed or parked
any vegetation, grass, leaves, foliage, earth, sand, gravel, water,
snow, ice, debris, waste material, foreign substance, construction
materials, equipment or object upon any street, sidewalk or public
property without authorization of the Common Council, a law enforcement
officer, the Building Inspector or the Director of Public Works pursuant
to the provisions of this Code of Ordinances or upon any private property
without the consent of the owner or lessee of the property. Any person
who deposits or causes or permits to be deposited, placed or parked
any such materials, equipment or objects upon any street, sidewalk
or property shall be responsible to properly mark or barricade the
area so as to prevent a safety hazard.[1]
D.
Handbills.
(1)
Scattering prohibited. It shall be unlawful to deliver any handbills
or advertising material to any premises in the City except by being
handed to the recipient, placed on the porch, stoop or entranceway
of the building or firmly affixed to a building so as to prevent any
such articles from being blown about, becoming scattered or in any
way causing litter.
(2)
Papers in public places prohibited. It shall be unlawful to leave
any handbills, advertising material or newspapers unattended in any
street, alley, public building or other public place, provided that
this subsection shall not prohibit the sale of newspapers in vending
machines.
E.
Transport standards. Any person, individual or licensed carrier hauling
refuse, garbage, rubbish, ashes, etc., through or upon the streets
of the City en route to an authorized landfill or recycling center
must have all refuse covered or enclosed in plastic bags or covered
containers or in a covered vehicle so as not to litter the streets.
No person shall leave or permit to remain outside of any dwelling,
building or other structure or within any unoccupied or abandoned
building, dwelling or other structure under his/her control in a place
accessible to children any abandoned, unattended or discarded icebox,
refrigerator or other container which has an airtight door or lid,
snap lock or other locking device which may not be released from the
inside without first removing said door or lid, snap lock or other
locking device from said icebox, refrigerator or container, unless
such container is displayed for sale on the premises of the owner
or his/her agent and is securely locked or fastened.
A.
ARCHIVES
LIBRARY
LIBRARY MATERIAL
Definitions. For the purposes of this section, certain words and
terms are defined as follows:
A place in which public or institutional records are systematically
preserved.
Any public library, library of an educational or historical
organization or society or museum, and specifically the public libraries
within the City of New Lisbon and school libraries.
Includes any book, plate, picture, photograph, engraving,
painting, drawing, map, newspaper, magazine, pamphlet, broadside,
manuscript, document, letter, public record, microform, sound recording,
audiovisual materials in any format, magnetic or other tapes, electronic
data processing records, or other tapes, artifacts or other documents
or written or printed materials, regardless of physical form or characteristics,
belonging to, on loan to or otherwise in the custody of a library.
B.
Possession without consent prohibited. Whoever intentionally takes and carries away, transfers, conceals or retains possession of any library material without the consent of a library official, agent or employee and with intent to deprive the library of possession of the material may be subject to a forfeiture as provided by the general penalty provisions of § 1-4 of this Code. The failure to return library material after its proper return date, after written notice from the library and City Attorney, shall be deemed to be theft. Notice shall be considered given when written notice is mailed to the last known address of the person with the overdue material; the notice date shall be the date of mailing.
C.
Concealment. The concealment of library material beyond the last
station for borrowing library material in a library is evidence of
intent to deprive the library of possession of the material. The discovery
of library material which has not been borrowed in accordance with
the library's procedures or taken with consent of a library official,
agent or employee and which is concealed upon the person or among
the belongings of another is evidence of intentional concealment on
the part of the person so concealing the material.[1]
D.
Damaging material prohibited. No person shall mar, deface or in any other way damage or mutilate any book, periodical, pamphlet, picture or other article or property belonging to or in charge of the library. Any person convicted of violating this subsection shall be subject to the penalties as set forth in § 1-4 of this Code.
E.
Return demanded. No person shall fail, on demand, to return any book,
periodical, pamphlet, picture or other articles or property belonging
to or in charge of the public library according to the rules or regulations
duly made and adopted by the Library Board,[2] and no person shall remove from the library any book, periodical, pamphlet, picture or other articles or property without first having it charged as provided by such rules and regulations. Any person convicted of violating any provision of this subsection shall be subject to the penalties as set forth in § 1-4.
A.
Damaging public property. No person shall climb any tree or pluck
any flowers or fruit, wild or cultivated, or break, cut down, trample
upon, remove, or in any manner injure or deface, write upon, defile
or ill use any tree, shrub, flower, flowerbed, turf, fountain, ornament,
statue, building, fence, apparatus, bench, table, official notice,
sign, bridge, structure or other property within any park or parkway
or in any way injure, damage or deface any public building, sidewalk
or other public property in the City of New Lisbon.
B.
Breaking of streetlamps or windows. No person shall break glass in
any streetlamps or windows of any building owned or occupied by the
City.
C.
Damaging fire hydrants and water mains. No person shall, without
the authority of City authorities, operate any valve connected with
the street or water supply mains or open any fire hydrant connected
to the water distribution system, except for the purpose of extinguishing
a fire. No person shall injure or impair the use of any water main
or fire hydrant.
A.
Whoever intentionally alters indicia of price or value of merchandise or takes and carries away, transfers, conceals or retains possession of merchandise held for resale by a merchant without consent and with intent to deprive the merchant permanently of possession or the full purchase price may be penalized as provided in Subsection C.
B.
The intentional concealment of unpurchased merchandise which continues
from one floor to another or beyond the last station for receiving
payments in a merchant's store is evidence of intent to deprive the
merchant permanently of possession of such merchandise without paying
the purchase price thereof. The discovery of unpurchased merchandise
concealed upon the person or among the belongings of another is evidence
of intentional concealment on the part of the person so concealing
such goods.[1]
C.
If the value of the merchandise does not exceed $100, any person
violating this section shall forfeit not more than $1,000. If the
value of the merchandise exceeds $100, this section shall not apply
and the matter shall be referred to the District Attorney for criminal
prosecution.
A.
Violations. Whoever issues any check or other order for the payment
of money less than $1,000 which, at the time of issuance, he or she
intends shall not be paid is guilty of a violation of this section.
B.
Prima facie evidence. Any of the following is prima facie evidence
that the person at the time he or she issued the check or other order
for payment of money intended it should not be paid:
(1)
Proof that, at the time of issuance, the person did not have an account
with the drawee;
(2)
Proof that, at the time of issuance, the person did not have sufficient
funds or credit with the drawee and that the person failed within
five days after receiving notice of nonpayment or dishonor to pay
the check or other order; or
(3)
Proof that, when presentment was made within a reasonable time, the
person did not have sufficient funds or credit with the drawee and
the person failed within five days after receiving notice of nonpayment
or dishonor to pay the check or other order.
C.
Exceptions. This section does not apply to a postdated check or to
a check given in past consideration, except a payroll check.[1]
D.
Penalties.
(1)
In addition to any other penalties provided for under § 1-4 of this Code, a judge may order a violator of this section to pay restitution to a victim. In determining the method of payment the court shall consider the financial resources and future ability of the violator to pay. The court shall provide for payment of an amount equal to the pecuniary loss caused by the offense. Upon the application of an interested party, the court shall schedule and hold an evidentiary hearing to determine the value of the victim's pecuniary loss resulting from the offense. A victim may not be compensated under this section and under § 943.245, Wis. Stats.
(2)
In this section, "pecuniary loss" means:
(a)
All special damages, but not general damages, substantiated
by evidence in the record, which a person could recover against the
violator in a civil action arising out of the facts or events constituting
the violator's criminal activities, including, without limitation
because of enumeration, the money equivalent of loss resulting from
property taken, destroyed, broken or otherwise harmed and out-of-pocket
losses, such as medical expenses; and
(b)
Reasonable out-of-pocket expenses incurred by the victim resulting
from the filing of charges or cooperating in the investigation and
prosecution of the offense.
A.
Prohibitions. A person commits a trespass when he or she unlawfully
enters or remains in or upon the premises identified below. It shall
be unlawful for any person:
(1)
To trespass intentionally on the land or buildings of another, and
intentionally and without regard for the rights of the owner or lawful
occupant to use or occupy such premises without authority to do so
from the owner or lawful occupant thereof.
(2)
To trespass intentionally on the land or buildings of another, when
a sign or other device forbidding entry has been posted upon such
premises, and intentionally and without regard for the rights of the
owner or lawful occupant to use, occupy or cross such premises without
authority to do so from the owner or lawful occupant thereof. Wherever
feasible, notice shall be posted at the main entrance to said premises
or at any other point of approach or entry.
(3)
To enter into or upon any vehicle, mobile home, aircraft or watercraft
without the consent of the person having the right to possession or
control thereof, or fail or refuse to leave any such vehicle, aircraft
or watercraft after being requested to leave by the person having
such right.
(4)
Being lawfully upon the land or buildings of another, intentionally
or willfully and without regard for the rights of the owner or lawful
occupant, to remain upon or refuse to leave such premises within a
reasonable time after being requested to leave by the person having
such right.
A.
Definition. As used in this section, "business parking lot" means
any privately owned parking lot adjacent to any store, office building,
commercial building or industrial building for the convenience of
employees and customers or patrons or for the storage of items for
sale by the business.
B.
Trespassing after hours. No person shall enter or remain on any business
parking lot at any time that staying or entering the lot is prohibited
by the owner, as shown by a sign(s) at the business parking lot.
C.
Signs. The prohibition set forth in this section shall be in effect
at any business parking lot where the owner or person lawfully in
charge has posted a sign or signs clearly stating the prohibition
and the times thereof. Signs must be placed so that they can be seen
at all entrances to the lot. Each sign must contain substantially
the following language "No trespassing between __________ a.m./p.m.
and __________ a.m./p.m." and shall exceed 216 square inches in size.
The hours should be determined by each property owner. The sign shall
consist of black or red lettering on a white background.
D.
Exceptions. The following uses of a business parking lot shall not
be violations of this section:
(1)
Temporary entrance to a business parking lot in an emergency or to
avoid an accident.
(2)
Entrance by a police officer(s) in the course of duty.
(3)
Entrance by fire, ambulance, and other emergency personnel and equipment
in the course of duty.
(4)
Entrance by an owner, tenant, or employee of any owner or tenant
of any establishment served by the business parking lot.
(5)
Entrance by any City inspector in the course of duty.
(6)
Entrance by any person for purposes of making a delivery or deposit
or retrieving personal property of such person, provided that permission
for such entrance has been previously granted by the owner.
E.
Special events. The owner or person in charge of any business parking
lot may grant temporary permission to use the lot during any specified
hours when trespassing is normally prohibited by posting temporary
signs or posters to that effect. The owner or person in charge shall
notify the Police Department of any such temporary permission.[1]
A.
Acts. Whoever does any of the following may be penalized as provided in § 1-4 of this Code of Ordinances:
(1)
Intentionally takes and carries away, uses, transfers, conceals or
retains possession of movable property of another without his/her
consent and with intent to deprive the owner permanently of possession
of such property.
(2)
By virtue of his/her office, business or employment, or as trustee
or bailee, having possession or custody of money or of a negotiable
security, instrument, paper or other negotiable writing of another,
intentionally uses, transfers, conceals or retains possession of such
money, security, instrument, paper or writing without the owner's
consent, contrary to his/her authority, and with intent to convert
to his/her own use or to the use of any other person except the owner.
A refusal to deliver any money or a negotiable security, instrument,
paper or other negotiable writing which is in his/her possession or
custody by virtue of his/her office, business or employment, or as
trustee or bailee, upon demand of the person entitled to receive it,
or as required by law, is prima facie evidence of an intent to convert
to his/her own use within the meaning of this subsection.
(3)
Having a legal interest in movable property, intentionally and without
consent, takes such property out of the possession of the pledgee
or such other person having a superior right of possession with intent
thereby to deprive the pledgee or other person permanently of the
possession of such property.
(4)
Obtains title to property of another by intentionally deceiving him/her
with a false representation which is known to be false, made with
intent to defraud, and which does defraud the person to whom it is
made. "False representation" includes a promise made with intent not
to perform it if it is a part of a false and fraudulent scheme.
(5)
Intentionally fails to return any personal property which is in his/her
possession or under his/her control by virtue of a written lease or
written rental agreement within 10 days after the lease or rental
agreement has expired.
B.
MOVABLE PROPERTY
PROPERTY
PROPERTY OF ANOTHER
VALUE
Definitions. The following definitions shall be applicable in this
section:
Property whose physical location can be changed, without
limitation including electricity and gas, documents which represent
or embody intangible rights, and things growing on or affixed to or
found in land.
All forms of tangible property, whether real or personal,
without limitation including electricity, gas and documents which
represent or embody a chose in action or other intangible rights.
Includes property in which the actor is a co-owner and property
of a partnership of which the actor is a member unless the actor and
the victim are husband and wife.
The market value at the time of the theft or the cost to
the victim of replacing the property within a reasonable time after
the theft, whichever is less. If the property stolen is a document
evidencing a chose in action or other intangible right, "value" means
either the market value of the chose in action or other right or the
intrinsic value of the document, whichever is greater. If the thief
gave consideration for or had a legal interest in the stolen property,
the amount of such consideration or value of such interest shall be
deducted from the total value of the property.[1]
A.
Definition. "Graffiti" is any drawing, figure, inscription, symbol,
or other marking which is scratched, painted, drawn in pen or marker,
or placed by some other permanent or semipermanent means upon sidewalks,
streets, public or private structures or any other place in public
view without the express permission or consent of the property owner.
B.
Public nuisance. Graffiti is hereby declared to be a public nuisance, as defined under Chapter 375, Nuisances, of this Code, affecting peace and safety.
C.
Prohibitions. No person shall write, spray, scratch or otherwise
affix graffiti upon any property, whether private or public, without
the consent of the owner or owners of said property. Any person who
shall affix graffiti to any property without the consent of the owner
shall be liable for the costs or removing or covering such graffiti
in addition to any fines imposed for violating this section. The parents
of any unemancipated minor child who affixed graffiti shall be held
liable for the cost of removing or covering said graffiti in accordance
with § 895.035, Wis. Stats.
D.
Removal by property owner.
(1)
Every owner of a structure or property defaced by graffiti shall
cover or remove the graffiti within 15 days in compliance with written
notice served upon the owner by the Police Department to remove or
cover such graffiti.
(2)
In the event that any owner fails to comply with the above-mentioned
notice, the Police Department may have the graffiti covered or removed,
and in such event, all costs, fees and expenses will be assessed to
said owners real estate taxes pursuant to § 66.0627, Wis.
Stats.
A.
Purpose and definition. In order to protect cemetery areas within
the City from injury, damage or desecration, these regulations are
enacted. The term "cemetery" as hereinafter used in this section shall
include all cemetery property, grounds, equipment and structures,
both privately and publicly owned, which are located within the City
of New Lisbon.
B.
Authority to establish rules and regulations. The cemetery property
owner shall have the authority to establish reasonable rules and regulations
to regulate and govern the operation of any cemetery in accordance
with state law and this Code of Ordinances. The cemetery property
owner shall reserve the right to prohibit and regulate the planting
or placement of any flowers, plants, vines, shrubs, trees, flowerpots,
urns or other objects on cemetery property. Placement of any such
plantings, containers or objects shall be in accordance with established
regulations of the cemetery property owner.
C.
Specific regulations.
(1)
Disturbing cemetery property. No person shall cut, remove, damage
or carry away any flowers, plants, vines, shrubs or trees from any
cemetery lot or property except the owner of the cemetery lot or a
person with the cemetery lot owner's consent or any cemetery employee
or representative engaged in official cemetery duties for the cemetery
owner; nor shall any person without proper authority remove, deface,
mark or damage in any manner any cemetery markers, headstones, monuments,
fences or structures; nor shall any person without proper authority
remove, damage or destroy any vases, flowerpots, urns or other objects
which have been placed on any cemetery lot; nor shall any person move
or remove any cemetery equipment without the owner's consent.
(2)
Protection of cemetery property. No person shall trap in any cemetery
without specific written authorization of the owner; nor shall any
person kill, injure or disturb or attempt to injure or disturb any
animals, birds or waterfowl, wild or domestic, within any cemetery
in any matter except as provided by this Code of Ordinances; nor shall
any person climb any tree or break, cut down, trample upon, remove
or in any manner injure, deface, write upon or in any manner damage
any tree, shrub, flower, flowerbed, turf, grassy area, soil, building,
structure, equipment, official notice, sign or other property within
any cemetery. No picnics, parties, or similar gatherings are permitted.
(3)
Motor vehicles. Motor vehicles are restricted to the roads and drives
and parking areas. Except for authorized maintenance vehicles, no
person shall operate an unlicensed or licensed motorized vehicle on
any cemetery property outside of areas specifically designated as
parking areas or areas where the operation of such vehicles is specifically
permitted. It shall be unlawful for a person to engage in any off-roadway
operation of a motorized vehicle on cemetery property without the
owner's consent.
(4)
Speed limit. No person shall operate any motorized vehicle in any
cemetery in excess of 15 miles per hour unless otherwise posted.
(5)
Parking. No person, without the owner's consent, shall park any motor
vehicle in any cemetery on any grassy or seeded area or upon any location
except a designated parking area, nor shall any person park a motor
vehicle on cemetery property for any purpose except engaging in official
cemetery business. Any unlawfully parked motor vehicle may be towed
or removed by the cemetery property owner at the vehicle owner's expense.
(6)
Littering prohibited. No person shall litter, dump or deposit any
rubbish, refuse, earth or other material in any cemetery without the
owner's consent.
(8)
Sound devices. No person shall operate or play any amplifying system
or sound device in any cemetery without the owner's consent.
(9)
Authorized notices. No person shall post, paste, fasten, paint or
attach any placard, bill, notice, sign or advertising matter upon
any structure, tree or other natural object in any cemetery, except
cemetery regulations and other signs authorized by the owner. No person
shall remove, deface or damage in any manner any official sign or
notice posted in any cemetery.
(10)
Loitering prohibited. No person shall loiter or cause a nuisance
or engage in any sport or exercise on any cemetery property without
the owner's consent.
(11)
Alcohol beverages prohibited. No person shall consume or have
in his/her possession any open container containing an alcohol beverage
upon any cemetery property within the City unless the property is
specifically named as being part of a licensed premises.
(12)
Play vehicles prohibited. No person shall operate or make use
of a play vehicle upon any cemetery property without the owner's consent.
As used in this subsection, "play vehicle" shall mean any coaster,
skateboard, roller skates, sled, toboggan, unicycle or toy vehicle
upon which a person may ride.
(13)
Presence after hours prohibited. No person shall be present
upon any cemetery property without the owner's consent during posted
hours when the cemetery is not open to the public.
A.
No person shall, without lawful authority, open, remove or damage
any coin machine, coin telephone or other vending machine dispensing
goods or services, or a part thereof, or possess a key or device specifically
designed to open or break any coin machine, coin telephone or other
vending machine dispensing goods or services, or possess a drawing,
print or mold of a key or device specifically designed to open or
break any coin machine, coin telephone or other vending machine dispensing
goods or services within the limits of the City of New Lisbon.
B.
In this section, "coin machine" means any device or receptacle designed
to receive money or anything of value. The term includes a depository
box, parking meter, vending machine, pay telephone, money-changing
machine, coin-operated phonograph and amusement machine if they are
designed to receive money or other thing of value.
A person who willfully or maliciously damages, or causes to be damaged, any wire, cable, conduit, apparatus or equipment of the grantee, or who commits any act with intent to cause damage to any wire, cable, conduit, apparatus or equipment of the grantee, or who taps, tampers with, or connects any wire or device to a wire, cable, conduit or equipment of the grantee with intent to obtain a signal or impulse therefrom without authorization of the grantee, shall be subject to a forfeiture as prescribed by § 1-4 of this Code as determined by the court and shall be liable in a civil action for three times the actual amount of damages sustained thereby, but this section shall not prevent a public utility from removing, disconnecting or otherwise rendering inoperable any of the grantee's apparatus or equipment attached or in any way connected to such public utility's facilities, if done for reasonable cause.