A. 
Destruction of property prohibited. No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or tamper with any property of any kind or nature within the Village of Kimberly and belonging to the Village or its departments, the Kimberly School District or to any private person without the consent of the owner or proper authority.
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. 
Unlawful removal of property. It shall be unlawful for any person to take and carry away the property of another, with the intention to do so, without the owner's consent.
A. 
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, or upon property within the Village owned by the Kimberly School District or any private person, or upon the surface of any body of water within the Village.
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(1) within the time specified, the Village shall arrange to have the same picked up by Village crews or by private enterprise. Applicable bidding procedures shall be used for any arrangement for the use of private enterprise to pick up such litter. 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. 
Dumping of refuse and grass in gutters. No person shall deposit any refuse, leaves or grass clippings in any gutter along any public street, road, alley or highway.
D. 
Handbills.
(1) 
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.
(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 shall not prohibit the sale of newspapers in vending machines.
E. 
Depositing of materials prohibited. It shall be unlawful for any person to deposit, cause or permit to be deposited, placed or parked any vegetation, 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 Street Commissioner pursuant to the provisions of this Code or upon any private property without the consent of the owner or lessee of the property. Any such 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.
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. 
Prohibited conduct. 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. 
Intentional concealment. 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. 
Probable cause detention. 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.
D. 
Penalty. If the value of the merchandise does not exceed $500, any person violating this section shall forfeit not more than $200. If the value of the merchandise exceeds $500, this section shall not apply, and the matter shall be referred to the District Attorney for criminal prosecution.
No person shall store junked or discarded property, including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or other unsightly debris, which substantially depreciates property values in the neighborhood except or upon permit issued by the Village Board. The Chief of Police may require by written order any premises violating this section to be put in compliance within the time specified in such order and, if the order is not complied with, may have the premises put in compliance and the cost thereof assessed as a special tax against the property.
A. 
Violations. Whoever issues any check or other order for the payment of money less than $500 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. 
Post-dated checks. This section does not apply to a post-dated check or to a check given in past consideration, except a payroll check.
D. 
Penalties. Any person violating any provisions of this section shall forfeit not less than $50 if the worthless check is for an amount equal to or less than $150, and shall forfeit not less than $100 if the worthless check is an amount greater than $150 and less than $500, together with the costs of prosecution and, in default of payment, imprisonment in the County Jail until forfeiture and costs are paid but not to exceed 60 days.
A. 
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 any public libraries in the Village of Kimberly.
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 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 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 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.
D. 
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 peace 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 peace 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.
E. 
Damaging material prohibited. No person shall mar, deface or in any other way damage or mutilate any library material.
F. 
Return demanded. No person shall fail, on demand, to return any library material when such demand has been made in accordance with the rules and regulations duly made and adopted by the library.
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 Village.
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. 
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 Kimberly.
B. 
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 of Kimberly.
No person except the owner of the cemetery lot or a cemetery employee shall cut, remove, injury or carry away flowers, trees, plants or vines from any cemetery lot or property; nor shall any person deface, injury or mark upon any cemetery markers, headstones, monuments, fences or structures; nor shall any person other than the owner injure, carry away or destroy any vases, flowerpots, urns or other objects which have been placed on any cemetery lot.
In addition to the general penalty of this Code in § 1-4 or any other penalty imposed for violation of any section of this article, any person who shall cause physical damage to or destroy any public property shall be liable for the cost of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates § 377-17 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with the Wisconsin Statutes. Nothing in this Code shall prevent the Fox Valley Metro Police Department from referring violations of the provisions of this article to the District Attorney's office in the interest of justice.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Definitions. In this section, the following definitions shall apply:
COMPUTER
An electronic device that performs logical, arithmetic and memory functions by manipulating electronic or magnetic impulses, and includes all input, output, processing, storage, computer software and communication facilities that are connected or related in a computer system or computer network.
COMPUTER NETWORK
The interconnection of communication lines with a computer through remote terminals or a complex consisting of two or more interconnected computers.
COMPUTER PROGRAM
An ordered set of instructions or statements that, when executed by a computer, causes the computer to process data.
COMPUTER SOFTWARE
A set of computer programs, procedures or associated documentation used in the operation of a computer system.
COMPUTER SUPPLIES
Punch cards, paper tape, magnetic tape, disk packs, diskettes and computer output, including paper and microform.
COMPUTER SYSTEM
A set of related computer equipment, hardware or software.
DATA
A representation of information, knowledge, facts, concepts or instructions that has been prepared or is being prepared in a formalized manner and has been processed, is being processed or is intended to be processed in a computer system or computer network. Data may be in any form, including computer printouts, magnetic storage media, punched cards, and as stored in the memory of the computer. Data is property.
FINANCIAL INSTRUMENT
Includes any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or credit card, transaction authorization mechanism, marketable security and any computer representation of them.
PROPERTY
Anything of value, including but not limited to financial instruments, information, electronically produced data, computer software and computer programs.
SUPPORTING DOCUMENTATION
All documentation used in the computer system in the construction, clarification, implementation, use or modification of the software or data.
B. 
Offenses against computer data and programs. Whoever willfully, knowingly, and without authorization does any of the following may be fined not less than $10 nor more than $1,000, provided the conditions in Subsection D are met:
(1) 
Modifies data, computer programs or supporting documentation.
(2) 
Destroys data, computer programs or supporting documentation.
(3) 
Accesses data, computer programs or supporting documentation.
(4) 
Takes possession of data, computer programs or supporting documentation.
(5) 
Copies data, computer programs or supporting documentation.
(6) 
Discloses restricted access codes or other restricted access information to unauthorized persons.
C. 
Offenses against computers, computer equipment or supplies. Whoever willfully, knowingly and without authorization does any of the following may be fined not less than $10 nor more than $1,000, provided the conditions in Subsection D are met:
(1) 
Modifies computer equipment or supplies that are used or intended to be used in a computer, computer system or computer network.
(2) 
Destroys, uses, takes or damages a computer, computer system, computer network or equipment or supplies used or intended to be used in a computer system or computer network.
D. 
Condition of violation. A violation of this section must meet the following conditions:
(1) 
The offense is not committed to defraud or to obtain property.
(2) 
The damage is $2,500 or less and does not cause an interruption or impairment of governmental operations or public communication, and does not cause an interruption or impairment of a supply of water, gas or other public service.
(3) 
The offense does not create a substantial and unreasonable risk of death or great bodily harm to another.
E. 
Additional penalties. In addition to the penalties prescribed in Subsection D, a Judge may place restrictions on the offender's use of computers. The duration of such restriction may not exceed 90 days.
A. 
Definitions. In this section, the following definitions shall apply:
MESSAGE
Any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature, or any transfer of a computer program, as defined in § 377-28A.
B. 
Prohibited use. Whoever does any of the following may be subject to a forfeiture of not less than $10 nor more than $1,000:
(1) 
With intent to harass, annoy or offend another person, sends a message on an electronic mail or other computerized communication system and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(2) 
With intent to harass, annoy or offend another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message and in that message uses any obscene, lewd or profane language or suggests any lewd or lascivious act.
(3) 
With intent to solely harass another person, sends repeated messages to the person on an electronic mail or other computerized communication system.
(4) 
With intent to solely harass another person, sends repeated messages on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.
(5) 
With intent to solely harass another person, sends a message to the person on an electronic mail or other computerized communication system while intentionally preventing or attempting to prevent the disclosure of his/her own identity.
(6) 
While intentionally preventing or attempting to prevent the disclosure of his/her identity and with intent to harass or annoy another person, sends a message on an electronic mail or other computerized communication system with the reasonable expectation that the person will receive the message.
(7) 
Knowingly permits or directs another person to send a message prohibited by this section from any computer terminal or other device that is used to send messages on an electronic mail or other computerized communication system and that is under his/her control.
(8) 
Knowingly directs another person to send a message prohibited by this section from any computer terminal or other device that is used to send messages on an electronic mail or computerized communication system and that is not under his/her control.