City of Watertown, WI Article IV Property

§ 410-14 Tampering with water system.

No person shall turn on, damage or otherwise tamper with any part of the water system of the City without authority from the Watertown Water Department, except temporarily at the meter for the purpose of protecting plumbing or for the purpose of making repairs or improvements to any plumbing system.

§ 410-15 Tampering with traffic signs.

A. No person shall tamper with any traffic or highway direction or street name sign or traffic light erected by any authorized governmental agency for the warning, instruction or information of the public. "Tamper" includes changing the wording, obstructing the visibility, removing, covering, damaging, defacing, turning or any other act with respect to such sign or light that renders it more difficult for such sign or light to accomplish its intended purpose.

B. No person shall possess any traffic or highway direction or street name sign or traffic light unless the person can evidence that it was obtained in a lawful manner. "Possession" includes the presence of such device on premises owned, controlled or occupied by the person.

C. This section shall not prohibit any person authorized by a governmental agency having authority over a sign or light to take any action in connection with maintenance, repair or replacement.[1]

[1] Editor's Note: Original § 11.54, which immediately followed this section, was repealed by Ord. No. 99-43.

§ 410-16 Damage to property.

No person shall intentionally deface or otherwise damage any property of another, public or private, without the consent of the owner.

§ 410-17 Damage to public facilities.

[Amended by Ord. No. 90-87]

No person shall tear up, deface or destroy any public building or part thereof, pavement, roadway, sidewalk, crosswalk, curb and gutter, water main, sewer, bridge, culvert, walkway or park facilities, or any part thereof, nor dig any hole, ditch or drain in any street, alley or public ground except under § 419-10 of this Code. The penalty for violation of this section shall be the imposition of a forfeiture of not less than $250 nor more than $500, plus all applicable court costs and assessments as required by law.

§ 410-18 Deposits in sewers.

No person shall deposit in any sewer or drain any gas, oil, grease, flammable or explosive material or any other substance which by reason of its quantity, composition or nature is likely to obstruct such sewer or drain, cause a nuisance or create a hazard in any portion of the City sewer or water drainage systems.

§ 410-19 Hindering or obstructing repairs to public facilities.

No person shall hinder or obstruct the making or repairing of any public pavement, roadway, sidewalk or crosswalk, water main, sewer, bridge or culvert.

§ 410-20 Littering. [1]

See Chapter 362, Littering.

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

§ 410-21 Dumping on private property.

No person shall place or dump or cause to be placed or dumped any rubbish, garbage, ashes, boxes, offal or any castoff material of any kind upon the private property of another without consent of the owner of the premises.

§ 410-22 Damage to property by graffiti.

[Added by Ord. No. 97-45; amended by Ord. No. 07-19]

A. "Graffiti" is defined as the intentional marking, drawing, or writing with paint, ink or another substance on, or the intentional etching into, the physical property of another and is hereby specifically declared to be a public nuisance, as defined in § 390-2 of this Code.

B. Whoever places graffiti on the property of another, including private property or public property, without the owner's consent, is guilty of an offense under this section.

C. If more than one item of real or personal property is defaced by graffiti, all the property may be prosecuted as a single offense.

D. In any case under this section involving more than one act of graffiti but prosecuted as a single offense, it is sufficient to allege generally that the graffiti was committed between certain dates. At the trial, evidence may be given of any such unlawful marking, drawing, writing or etching graffiti that was committed on or between the dates alleged.

E. Any person who shall place graffiti on the property of another, including private property or public property, without the owner's consent 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 affixes graffiti may be held liable for the cost of removing or covering said graffiti in accordance with § 895.035, Wis. Stats.

F. Every owner or occupant of a structure or property defaced by graffiti shall notify the Police Department of the graffiti before removing or covering such graffiti.

G. Duty to remove or cover. Every owner of a structure or property defaced by graffiti shall comply with the terms of a written notice served upon him by the Police Department to remove or cover such graffiti within 72 hours of such notice. Failure to remove or cover such graffiti as specified herein will subject the owner, occupant or person in charge of it to the forfeitures provided in § 1-4 of this Code.

H. Street Superintendent to cause removal. If the owner of a structure or property defaced by graffiti does not remove or cover such graffiti as specified herein and continues to refuse to remove or cover such graffiti after written notice has been served in accordance with Subsection G above, then the Street Superintendent shall cause all graffiti to be removed or covered, in his discretion, immediately upon default of the owner. He shall annually render to the City Treasurer an itemized report of all sums disbursed by him for such removal or covering of graffiti, the description of the premises affected thereby and the names of the owners thereof, and the sum so disbursed shall annually be levied and collected as a special tax upon said premises unless paid.

[Amended 7-5-2022 by Ord. No. 22-63]

§ 410-23 Trespass.

A. Trespassing on municipal parking facilities.

[Added by Ord. No. 99-44]

(1) It shall be unlawful for any person not engaged in the parking or operation of a motor vehicle or the parking of a bicycle in a designated bicycle rack, or not having business to attend to in connection with the parking of a motor vehicle or bicycle, to trespass on any municipal parking facility owned and operated by the City of Watertown.

(2) No person shall enter or remain upon the premises of a parking facility except while actually parking a motor vehicle or parking a bicycle in a designated bicycle rack or while proceeding directly to or from a parked vehicle or bicycle. No person shall utilize the premises of a parking facility except for the purpose of proceeding to or from an available parking stall. No person shall enter or remain within or on a motor vehicle except for the period of time reasonably necessary to park said vehicle or to prepare said vehicle to leave the parking facility. No person shall ride a bicycle in any parking facility except for the period of time reasonably necessary to park said bicycle in designated bicycle racks.

(3) Subsection A(1) and (2) shall not apply during special events or activities authorized and approved by the Common Council.

(4) Notice of this Subsection A shall be prominently posted at each point of ingress and egress in each municipal parking lot.

(5) Violations and penalties. A violation of this Subsection A shall conform with the bond schedule as modified.

B. Trespass.

[Amended by Ord. No. 93-32; Ord. No. 89-99; Ord. No. 95-64]

(1) 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:

(a) 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.

(b) To trespass intentionally on the land or buildings of another, when a sign or other device forbidding entry has been posted upon such premises or when written notice forbidding entry has been given to one forbidden from such entry, 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.

[Amended 7-19-2016 by Ord. No. 16-11]

(c) 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.

(d) 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.

(2) A sign forbidding entry, for the purposes of this Subsection B, shall be sufficient when the same is legible, contains the words "no trespassing" or other express statement forbidding entry, and is posted in a place where it is plainly visible, as set forth in Subsection B(1)(b) hereinabove.

C. Trespass on business parking lots.

(1) No person shall enter, stay upon, or leave any vehicle upon any business parking lot at any time that the entering, staying or leaving is prohibited by notice given orally or in writing by the owner or person in charge of the premises or is prohibited by a sign at the parking lot that is erected in conformity with Subsection C(2)(b).

[Amended by Ord. No. 88-66]

(2) In this section:

(a) Business parking lot shall mean 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, customers or patrons.

(b) Sign at the parking lot shall mean a sign or signs posted by the owner or person lawfully in charge of the business parking lot, clearly stating the prohibition so that said signs can be seen either at all entrances to the lot or at prominent locations therein.

(3) The following uses of a parking lot shall not be violations of this Subsection C:

(a) Temporary entrance to a business parking lot in an emergency or to avoid an accident.

(b) Entrance by police, fire, ambulance and other emergency personnel and equipment in the course of duty.

(c) Entrance by an owner, tenant or employee of any owner or tenant of any establishment served by the parking lot.

(d) Entrance to the parking lot for special events during specified hours when parking or trespassing is normally prohibited with the consent of the owner or person in charge of any parking lot and by the posting of temporary signs or posters to that effect.

D. Residential picketing.

(1) Declaration. It is hereby declared that the protection and preservation of the home is the keystone of democratic government; that the public health and welfare and the good order of the community require that members of the community enjoy in their homes and dwellings a feeling of well-being, tranquility and privacy, and when absent from their homes and dwellings, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes and dwellings; that the practice of picketing before or about residences and dwellings causes emotional disturbances and distress to the occupants and obstructs and interferes with the free use of public sidewalks and public ways of travel; that such practice has as its object the harassing of such occupants; and without resort to such practice full opportunity exists, and under the terms and provisions of this Subsection D will continue to exist, for the exercise of freedom of speech and other constitutional rights; and that the provisions hereinafter enacted are necessary for the public interest to avoid the detrimental results herein set forth and are enacted by the Common Council pursuant to § 62.11(5), Wis. Stats.

(2) No person shall engage in picketing before or about the residence or dwelling of any individual. Nothing herein shall be deemed to prohibit:

(a) Picketing in any lawful manner during a labor dispute of the place of employment involved in such labor dispute; or

(b) The holding of a meeting or assembly on any premises commonly used for the discussion of subjects of general public interest.

§ 410-24 Theft.

A. Theft.

[Added by Ord. No. 95-46]

(1) Acts. Whoever does any of the following, and the value of the property is $750 or less, may be penalized as provided in Subsection A(4):

[Amended by Ord. No. 96-13]

(a) Intentionally takes and carries away, uses, transfers, conceals or retains possession of moveable property of another without that person's consent and with intent to deprive the owner permanently of possession of such property.

(b) 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.

(2) Definitions. As used in this Subsection A, the following terms shall have the meanings indicated:

MOVEABLE PROPERTY

Property whose physical location can be changed, without limitation and including electricity and gas, documents which represent or embody intangible rights, and things growing on, affixed to or found on land.

PROPERTY

All forms of tangible property, whether real or personal, without limitation and including electricity, gas and documents which represent or embody a chose 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 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 a reasonable time after the theft, whichever is less, but 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 consideration or value of such interest shall be deducted from the total value of the property.

(3) Use of photographs as evidence. In any action or proceeding for a violation of Subsection A(1), a party may use duly identified and authenticated photographs of the property which was the subject of the violation in lieu of producing the property.

(4) Violations and penalties. Whoever violates Subsection A(1) of this section is subject to the penalties provided under § 410-5.[1]

[1] Editor's Note: Former § 11.91, added by Ord. No. 88-5 and which immediately followed this subsection, was repealed by Ord. No. 95-45.

B. Retail theft.

[Amended by Ord. No. 98-13; Ord. No. 98-42]

(1) Definitions. As used in this Subsection B, the following terms shall have the meanings indicated:

MERCHANT

Includes any "merchant" as defined in § 402.104(3), Wis. Stats., or any innkeeper, motel keeper or hotel keeper.

THEFT DETECTION DEVICE

Any tag or other device that is used to prevent or detect theft and that is attached to the merchandise held for resale by a merchant or property of a merchant.

THEFT DETECTION DEVICE REMOVER

Any tool or device used, designed for use or primarily intended for use in removing a theft detection device from merchandise held for resale by a merchant or property of a merchant.

THEFT DETECTION SHIELDING DEVICE

Any laminated or coded bag or device designed to shield merchandise held for resale by a merchant or property of a merchant from being detected by an electronic or magnetic theft alarm sensor.

VALUE OF MERCHANDISE

(a) For property of the merchant, the value of the property; or

(b) For merchandise held for resale, the merchant's stated price of the merchandise or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the merchant's stated price, the difference between the merchant's stated price of the merchandise and the altered price.

(2) A person shall be penalized if he or she does any of the following without the merchant's consent and with intent to deprive the merchant permanently of possession or the full purchase price of the merchandise or property:

(a) Intentionally alters indicia of price or value of merchandise held for resale by a merchant or property of a merchant.

(b) Intentionally takes and carries away merchandise held for resale by a merchant or property of a merchant.

(c) Intentionally transfers merchandise held for resale by a merchant or property of a merchant.

(d) Intentionally conceals merchandise held for resale by a merchant or property of a merchant.

(e) Intentionally retains possession of merchandise held for resale by a merchant or property of a merchant.

(f) While anywhere in the merchant's store, intentionally removes a theft detection device from merchandise held for resale by a merchant or property of a merchant.

(g) Uses, or possesses with intent to use, a theft detection shielding device to shield merchandise held for resale by a merchant or property of a merchant from being detected by an electronic or magnetic theft alarm sensor.

(h) Uses, or possesses with intent to use, a theft detection device remover to remove a theft detection device from merchandise held for resale by a merchant or property of a merchant.

(i) Whoever returns merchandise to a merchant for the purpose of claiming a cash refund or credit by intentionally deceiving the merchant with a representation that such merchandise was purchased by such person from such merchant at the price claimed, where such merchandise was, in fact, not purchased by such person or was not purchased from such merchant or was purchased at a price lower than the price claimed, shall be guilty of a violation of this Subsection B. The intentional giving of a false name or address to a merchant during the return of merchandise is prima facie evidence of intent to defraud a merchant.

(3) In any action or proceeding for violation of this Subsection B, a duly identified and authenticated photograph of merchandise which was the subject of the violation may be used as evidence in lieu of producing the actual merchandise.

(4) Pursuant to § 943.50(5)(a), Wis. Stats., the Municipal Court Judge may order a violator to pay restitution as provided in § 800.093, Wis. Stats.

(5) A merchant, a merchant's adult employee or a merchant's security agent who has reasonable cause for believing that a person has violated this Subsection B 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 police officer, or to his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a police officer, who may conduct a lawful interrogation of the accused person. The merchant, merchant's adult employee or merchant's security agent may release the detained person before the arrival of a police officer or parent or guardian. Any merchant, merchant's adult employee or merchant's security agent who acts in good faith in any act authorized under this subsection is immune from civil or criminal liability for those acts.

C. Refusal to pay for taxicab ride.

[Added by Ord. No. 94-16]

(1) In this section "taxicab" means any motor vehicle used to transport passengers for hire between fixed end points upon the public highways of the City and which has a passenger-carrying capacity of fewer than 16 persons.

(2) No person shall intentionally enter a taxicab and refuse to pay, without delay, upon demand of the operator or other person in charge of the taxicab, the prescribed transportation fare prior to exiting the taxicab.

D. Failure to return library materials.

(1) "Library materials" include any book, plate, pictures, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microfilm, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic data, processing records, artifacts or other documentary, written or printed materials, regardless of physical form or characteristics, belonging to, on loan to, or otherwise in the custody of a municipal library situated or based within the City of Watertown.

(2) No person may take and carry away any library material with the consent of a library official, agent or employee and fail, after the notice required by Subsection D(3), to timely return the library materials.

(3) No person shall be charged with a violation of this Subsection D unless such person is provided written notice signed by a library official, agent or employee, setting forth the following: a reasonable description of the library materials; the date that the library materials were removed from the library; the date that the library materials were due to be returned; the final date by which either the library materials are to be returned or a written explanation made to the library that the library materials are incapable of being returned because they are lost or destroyed; and the statement that "Your failure to comply with the demands of this notice will subject you to being prosecuted for a violation of the Watertown City Ordinances, § 410-24D, Failure to return library materials, and, upon conviction, a penalty of not less than $10 nor more than $200, together with the costs of prosecution." Said notice shall be served by regular, first-class mail sent to the person's last known address or by personal service upon such person.

E. Issue of worthless checks. No person shall issue any check or other order for payment of money in the sum of $750 or less which, at the time of issuance, he or she intends shall not be paid.

[Amended by Ord. No. 96-13]

(1) Any of the following is prima facie evidence that the person, at the time he or she issued the check or other order for the payment of money, intended it should not be paid:

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

(b) 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

(c) 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.

(2) Refusal to accept or failure to receive notice of nonpayment or dishonor mailed by registered mail to such person's last known address, or the address shown on the face of the check or other order, shall not be a defense to the charge of issuance of worthless check.

(3) This Subsection E does not apply to post-dated checks or to a check given for past consideration except a payroll check.

(4) Reference to Wisconsin Statutes. The provisions of §§ 755.045 and 943.24, Wis. Stats., are adopted except for the penalty sections. Whenever the underlying statute §§ 755.045 and 943.24 in effect on the date of the adoption of this Subsection E are amended, repealed or modified by the Wisconsin Legislature, the provisions of this Subsection E shall be amended in accordance with those changes.

[Added by Ord. No. 87-5]