Article III Offenses Against Property

Any person 18 years of age or over who violates this section is subject to a penalty as provided in § 1-4, restitution to the injured party, and the costs of prosecution.

Any person 12 years of age to 17 years of age shall be subject to a forfeiture not to exceed $50, plus restoration costs, and any other applicable penalty provided by § 938.344, Wis. Stats., as that section may exist, be amended or changed.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

§ 385-21 Littering.

No person shall deposit or cause to be deposited in any public street or on any public ground, or on any private property not his/her own, any refuse, garbage, litter, waste material or liquid or any other objectionable material or liquid. When any such material is placed on the person's own private property, it shall be properly enclosed and covered so as to prevent the same from becoming a public nuisance.[1]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II); this subsection was numbered Sec. 8-1-3 in the 1999 Code of Ordinances.

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 Neshkoro, or upon property within the Village owned by the Westfield School District or by any private person, or upon the surface of any body of water within the Village.

Litter from conduct of commercial enterprise.

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.

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.

Litter picked up at litterer's expense. If any person, firm, corporation or association fails to pick up any litter as required by Subsection C(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.

Depositing of materials prohibited. It shall be unlawful for any person to deposit, 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 upon any private property without the consent of the owner or lessee of the property. Any person who deposits, 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.

Handbills.

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 firmly affixed to a building so as to prevent any such articles from being blown about, becoming scattered or in any way causing litter.

§ 385-22 Abandoned refrigerators prohibited.

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/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.

§ 385-23 Theft of library material.

Definitions. For the purposes of this section, certain words and terms are defined as follows:

ARCHIVES

A place in which public or institutional records are systematically preserved.

LIBRARY

Any public library, library of an educational or historical organization or society or museum, and specifically the public libraries within the Village of Neshkoro and school libraries.

LIBRARY MATERIAL

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 of characteristics, belonging to, on loan to or otherwise in the custody of a library.

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 this Code.[1] The failure to return library material after its proper return date, after written notice from the library, Chief of Police and/or Village 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.

Editor's Note: See § 1-4.

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.

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 section 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.

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.

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 shall be subject to the penalties as set forth in § 1-4.

§ 385-24 Damage to public property.

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 Village of Neshkoro.

Breaking of street lamps or windows. No person shall break glass in any street lamps or windows of any building owned or occupied by the Village.

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.

§ 385-25 Retail theft.

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.

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.

A merchant or merchant's adult employee who has probable cause for believing that a person has violated this section in his/her presence may detain such person in a reasonable manner for a reasonable length of time to deliver him/her to a law enforcement officer or to his/her 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/she shall not be interrogated or searched against his/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 merchant or his/her employee affecting the detention to the same defense in any action as is available to a peace officer making an arrest in the line of duty.

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.

§ 385-26 Issuance of worthless checks.

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.

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:

Proof that, at the time of issuance, the person did not have an account with the drawee;

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

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.

Exceptions. This section does not apply to a postdated check or to a check given in past consideration, except a payroll check.

Returned check fee. In the event a person issues a check to the Village and does not have sufficient funds or credit such that the check is returned unpaid, such person shall pay the check or other order and shall also pay a fee as set by the Village Board, representing the cost of additional administrative expense which results from nonpayment of the original obligation.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). The current Fee Schedule is on file in the Village office.

Penalties.

In addition to any other penalties provided for under § 1-4, 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.

§ 385-27 Trespass to a dwelling or land.

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.

Trespass to land. No person shall enter or remain on any land after having been notified by the owner or occupant not to remain on the premises.

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.

§ 385-28 Regulation of smoking.

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 if 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 amendment, revisions or modifications of the statutes incorporated herein are intended to be made a part of this section.

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 Neshkoro, except in designated areas.

State statutes adopted. The provisions contained in § 120.12(20), Wis. Stats., regulating smoking on school premises are adopted by reference and made a part of this section as though set forth in full.

§ 385-29 Theft prohibited.

Acts. Whoever does any of the following may be penalized as provided in § 1-4 of this Code:

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.

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.

§ 385-30 Fraud on residential landlords prohibited.

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.

Definitions. The following definitions shall be applicable in this section:

MOVABLE PROPERTY

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.

PROPERTY

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.

PROPERTY OF ANOTHER

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.

VALUE

The market value at the time of the theft or the cost to the victim of replacing the property within the 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.

Prohibited acts. Any person who, with intent to defraud, does any of the following shall be guilty of violating this section:

Intentionally absconds without paying rent that has been contractually agreed upon in an oral or written lease with a landlord. Prima facie evidence of intentionally absconding will be established if a tenant fails to pay rent due prior to the vacating of the rental premise by the tenant and the nonpayment of said rent continues for a period of five days after vacation of the premise; or

Issues any check, money order or any other form of bank or monetary draft as a payment of rent where such document lacks sufficient funds, where the account is closed, or where such draft is unredeemable in any other form or fashion. Prima facie evidence of intention to defraud will be established if a tenant fails, within five days of a written demand by the landlord or agent, to pay in full the total amount of the draft presented as rent payment plus any bank charges to the landlord attributable to the unredeemability of the draft.

Applicability. This section shall apply to rental agreements between residential landlords and tenants only. The words and terms used in this section shall be defined and construed in conformity with the provisions of Ch. ATCP 134, Wis. Adm. Code, Ch. 704, Wis. Stats., and § 990.001(1), Wis. Stats. The act of service by a landlord of a legal eviction notice or notice to terminate tenancy shall not, in itself, act as a bar to prosecution under this section.

Procedure. An officer may issue a citation only when the complainant provides the following:

The name and current address of the tenant, a copy of the subject lease agreement, or sworn testimony of the terms of the subject oral lease.

The amount of rent due, the date it was due, the date the tenant actually vacated the premise, and testimony that the rent remained unpaid for not less than five days after vacating and that the tenant did not notify or attempt to notify the complainant of the tenant's new address, or that the tenant knowingly gave the complainant a false address.

As to an unredeemable payment, the document used for attempting rent payment, the written demand for payment of the full amount plus bank charges, proof that the tenant received the written demand, and testimony that at least five days have elapsed since the demand was received and no payment has been made.

§ 385-31 Graffiti.

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.

Public nuisance. Graffiti is hereby declared to be a public nuisance, as defined under Chapter 368 of this Code, affecting peace and safety.

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 of 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.

Removal by property owner.

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 them by the Village of Neshkoro to remove or cover such graffiti.

In the event any owner fails to comply with the above-mentioned notice, the Village of Neshkoro may have the graffiti covered or removed, and in such event, all costs, fees and expenses will be assessed to said owner's real estate taxes pursuant to § 66.0627, Wis. Stats.[1]