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 Fox Lake, Fox Lake 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 the 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 $5,000.[1]
C.
Theft of property. No person shall intentionally take and carry away,
use, transfer, conceal or retain possession of movable property of
another without that other person's consent and with intent to deprive
the owner permanently of possession of such property.
A.
Littering prohibited. No person shall throw any glass, refuse or
waste, unauthorized garbage, filth or other litter upon the streets,
alleys, highways, public parks or other property of the City of Fox
Lake, or upon property within the City owned by the School District
or any private person, or upon the surface of any body of water within
the City.
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 or 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.
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 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.
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 Fox Lake 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.
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.
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 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.
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.
F.
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 Fox Lake 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 of this Code.[1]
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 Fox Lake.
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
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.
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.
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.
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/her to a peace 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 police officer who may conduct a lawful interrogation
of the accused person. Compliance with this subsection entitles the
merchant or his/her 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.
If the value of the merchandise does not exceed $100, any person
violating this section shall forfeit not more than $200. 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.
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.
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.
This section does not apply to a post-dated check or to a check given
in past consideration, except a payroll check.
A.
Trespass prohibited. It shall be unlawful for any person to trespass
within the City of Fox Lake upon either public or private property.
B.
Specifically enumerated trespasses. Without constituting any limitation upon the provisions of Subsection A hereof, any of the following acts by any person shall be deemed a trespass in violation of the provisions of said Subsection A, and appropriate action may be taken hereunder at any time, or from time to time, to prevent or punish any violation or violations of this section. The aforesaid enumerated acts shall include:
(1)
A knowing entry upon the premises, or any part thereof, of another,
including any public property, in violation of a notice posted or
exhibited at the main entrance to said premises or at any point of
approach or entry or in violation of any notice, warning or protest
given orally or in writing by any owner or occupant thereof;
(2)
The pursuit of a course of conduct or action incidental to the making
of an entry upon the land of another in violation of a notice posted
or exhibited at the main entrance to said premises or at any point
of approach or entry, or in violation of any notice, warning or protest
given orally or in writing by any owner or occupant thereof;
(3)
A failure or refusal to depart from the premises of another in case
of being requested, either orally or in writing, by any owner or occupant
thereof; or
(4)
An entry into or upon any vehicle, camping trailer, aircraft or watercraft
made without the consent of the person having the right to the possession
or control thereof, or a failure or refusal to leave any such vehicle,
camping trailer, aircraft, or watercraft after being requested to
leave by the person having such right.
C.
Trespass on business parking lots.
(1)
BUSINESS PARKING LOT
Definitions. As used in this subsection, the following term shall
have the following meaning, unless the context clearly indicates a
different meaning:
Any privately owned parking lot providing free parking during
business hours adjacent to any store, office building, commercial
building or industrial building, for the convenience of employees
and customers or patrons.
(2)
Trespassing after hours. No person shall enter or stay on any business
parking lot at any time that staying or entering the lot is prohibited
by the owner, as shown by a sign at the parking lot. No person shall
place or leave any vehicle on any business parking lot at any such
time.
(3)
Signs. The prohibition set out in Subsection C(2) 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. Signs must be placed so that they can be seen either at all entrances to the lot or at prominent locations. Each sign may contain substantially the following language: "No parking or trespassing between 10:00 p.m. and 6:00 a.m."
(4)
Exceptions. The following uses of a parking lot shall not be violations
of this subsection:
(a)
Temporary entrance to a business parking lot in an emergency
or to avoid an accident;
(b)
Entrance by a police officer or officers in the course of duty;
(c)
Entrance by fire, ambulance, and other emergency personnel and
equipment, in the course of duty;
(d)
Entrance by an owner, tenant, or employee of any owner or tenant
of any establishment served by the parking lot; or
(e)
Entrance by any City inspector in the course of duty.
(5)
Special events. The owner or person in charge of any parking lot
may grant temporary permission to use the lot during any specified
hours when parking or 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.
A.
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.
Smoking prohibited within or upon all buildings and equipment owned,
leased or rented by the City. In recognition of a need to protect
the health and comfort of the public and City employees from the detrimental
effects of smoking, pursuant to the authority granted to the City
by § 101.123(4m), 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 City
of Fox Lake, except in designated areas. This prohibition shall apply
to the general public as well as City employees.[1]
