A.Â
General. No person shall willfully injure or intentionally
deface, destroy, or unlawfully remove or interfere with any property
belonging to the Village of Theresa, the Lomira 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 Village 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.Â
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 and $4,000
for each individual act of vandalism.
C.Â
D.Â
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.Â
Littering prohibited. No person shall throw any glass,
refuse or waste, filth or other litter upon the streets, alleys, highways,
public parks or other property of the Village of Theresa, or upon
property within the Village owned by the Lomira School District or
any private person, or upon the surface of any body of water within
the Village.
B.Â
Litter from conduct of commercial enterprise.
(1)Â
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)Â
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)Â
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(1) within the time specified, the Village shall arrange to have the same picked up by Village 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 Village 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.Â
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 Village Board or Director of
Public Works, pursuant to the provisions of this Code, 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.
D.Â
Handbills.
(1)Â
Scattering prohibited. It shall be unlawful to deliver
any handbills or advertising material to any premises in the Village
except by being handed to the recipient, placed on the porch, stoop
or entranceway of the building or being 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)Â
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 shall not prohibit the sale of newspapers in vending machines.
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 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 agent and is securely locked or fastened.
A.Â
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 or library of an educational or historical
organization or society or museum, and specifically the public libraries
within the Village of Theresa 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,
written or printed materials, regardless of physical form or characteristics,
belonging to, on loan to or otherwise in the custody of a library.
B.Â
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 Chapter 1, § 1-5 of this Code. The failure to return library material after its proper return date, after written notice from the library and Village Attorney, shall be deemed to the 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.Â
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 belonging of another is evidence of intentional concealment on
the part of the person so concealing the material.
D.Â
Detention based on probable cause. An official or
adult employee or agent of a library who has probable cause for believing
that a person has violated this section in his or her presence may
detain the person in a reasonable manner for a reasonable length of
time to deliver the person to a law enforcement officer or to the
person's parent or guardian in the case of a minor. The detained person
shall be promptly informed of the purpose of the detention and be
permitted to make telephone calls but shall not be interrogated or
searched against his or her will before the arrival of a law enforcement
officer who may conduct a lawful interrogation of the accused person.
Compliance with this subsection entitles the official, agent or employee
effecting the detention to the same defense in any action as is available
to a peace officer making an arrest in the line of duty.
E.Â
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 may be subject to the penalties as set forth in Chapter 1, § 1-5 of this Code.
F.Â
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, 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 may be subject to the penalties as set forth in Chapter 1, § 1-5 of this Code.
A.Â
Purpose and definition. In order to protect cemetery
areas within the Village 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 Village of Theresa.
B.Â
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. 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.Â
Specific regulations.
(1)Â
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)Â
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 manner except as provided by this Code; 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 picnic, parties, or similar gatherings are permitted.
(3)Â
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 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)Â
Speed limited. No person shall operate any motorized
vehicle in any cemetery in excess of 10 miles per hour unless otherwise
posted.
(5)Â
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)Â
Littering prohibited. No person shall litter, dump
or deposit any rubbish, refuse, earth or other material in any cemetery
without the owner's consent.
(7)Â
Pets. Pets, including animals of any species, and
horses are prohibited in any cemetery.
(8)Â
Sound devices. No person shall operate or play any
amplifying system or sound device in any cemetery without the owner's
consent.
(9)Â
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)Â
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)Â
Alcoholic beverages prohibited. No person shall
consume or have in his possession any open container containing an
alcohol beverage upon any cemetery property within the Village unless
the property is specifically named as being part of a licensed premises.
(12)Â
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 section, "play vehicle" shall mean
any coaster, skateboard, roller skates, sled, toboggan, unicycle or
toy vehicle upon which a person may ride.
(13)Â
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.Â
General. 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 Village of Theresa.
B.Â
Breaking of streetlamps or windows. No person shall
break glass in any streetlamps or windows of any building owned or
occupied by the Village.
C.Â
Damaging fire hydrants and water mains. No person
shall, without the authority of Village authorities, operate any valve
connected with the street or water supply mains, or open any fire
hydrant connected with 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.Â
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 D.
B.Â
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.
C.Â
A merchant or merchant's adult employee who has probable
cause for believing that a person has violated this section in his
presence may detain such person in a reasonable manner for a reasonable
length of time to deliver him to a peace officer, or to his parent
or guardian if a minor. The detained person must be promptly informed
of the purpose for the detention and may make phone calls, but he
shall not be interrogated or searched against his will before the
arrival of a law enforcement officer who may conduct a lawful interrogation
of the accused person. Compliance with this subsection entitles the
merchant or his employee effecting the detention to the same defense
in any action as is available to a peace officer making an arrest
in the line of duty.
D.Â
If the value of the merchandise does not exceed $50,
any person violating this section may forfeit not less than $25 nor
more than $300. If the value of the merchandise exceeds $50, this
section shall not apply and the matter shall be referred to the District
Attorney for criminal prosecution.
[Amended 8-1-2005 by Ord. No. 1-10]
A.Â
Whoever issues any check or other order for the payment
of money less than $100 which, at the time of issuance, he or she
intends shall not be paid is guilty of a violation of this section.
B.Â
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)Â
Proof that, at the time of issuance, the person did
not have an account with the drawee;
(2)Â
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)Â
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.Â
This section does not apply to a postdated check or
to a check given in past consideration, except a payroll check.
A.Â
Trespass to land. No person shall enter or remain
on any land without the owner or occupant's consent to be on the premises.
[Amended 7-7-2008]
B.Â
Trespass to dwelling. No person shall intentionally
enter the dwelling of another without the consent of some person lawfully
upon the premises, under circumstances tending to create or provoke
a breach of the peace.
A.Â
State statute adopted. The provisions of § 101.123,
Wis. Stats., relating to the regulation of smoking and clean indoor
air, except provisions therein relating to penalties to be imposed,
are hereby adopted by reference and made a part of this section as
is fully set forth herein. Any act required to be performed or prohibited
by any statute incorporated herein by reference is required or prohibited
by this section. Any future amendments, revisions or modifications
of the statutes incorporated herein are intended to be made a part
of this section.
B.Â
Smoking prohibited within or upon all buildings and
equipment owned, leased or rented by the Village. In recognition of
a need to protect the health and comfort of the public and Village
employees from the detrimental effects of smoking, pursuant to the
authority granted to the Village by § 101.123(2)(c), Wis.
Stats., smoking as defined by § 101.123(1)(h), Wis. Stats.,
is hereby prohibited by any person within or upon all buildings and
enclosed equipment owned, leased or rented by the Village of Theresa,
except in designated areas.
A.Â
Acts. Whoever does any of the following may be penalized as provided in Chapter 1, § 1-5 of this Code:
(1)Â
Intentionally takes and carries away, uses, transfers,
conceals or retains possession of movable property of another without
his consent and with intent to deprive the owner permanently of possession
of such property.
(2)Â
By virtue of his 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 authority, and with intent to convert
to his 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 possession or custody
by virtue of his 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 own
use within the meaning of this subsection.
(3)Â
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)Â
Obtains title to property of another by intentionally
deceiving him 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)Â
Intentionally fails to return any personal property
which is in his possession or under his control by virtue of a written
lease or written rental agreement, within 10 days after the lease
or rental agreement has expired.
B.Â
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 choice 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 choice 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.
[Added 3-7-2011]
Unauthorized use of an individual’s personal identifying
information, documents, possession and or use of false identification:
A.Â
It is
illegal to possess any identification which is either used and/or
portrays the holder as a person whom they are not. This includes but
is not limited to items such as false or altered State of Wisconsin
identification card or driver’s license.
B.Â
It is
illegal to possess or use any out-of-state driver’s license
or identification card for which the holder of the assigned identification
is not the person on record.
C.Â
It is
illegal to possess or use any false driver’s licenses, alleged
false government identification and/or private or commercially made
form of false identification.
D.Â
It is
illegal to possess and or use a social number or Social Security Card
that is not assigned to that person. (Mere possession shall be allowed
in cases where the assigned card ID holder for legitimate reasons
has given the possessor consent to transport it to them.)
E.Â
It is
illegal to possess and/or use fake Social Security card or one which
was not issued by the Social Security Administration.