[HISTORY: Adopted by the Common Council of the City of Port Washington as §§ 11.02.010 to 11.02.100, 11.02.160, 11.03 to 11.05, 11.08 to 11.10, 11.15, 11.25 and 11.26 of the 1984 Code. Amendments noted where applicable.]
No person shall within the City:
A. 
In any public or private place engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to cause or provoke an immediate disturbance of public order or tends to disturb any other person or persons.
B. 
Intentionally cause, provoke, or engage in any fight, brawl, riot or noisy altercation other than a bona fide athletic contest.
No person shall within the City be habitually drunk or intoxicated so as to disturb the good order and quiet of the City or be found in any place within the City in such a state of intoxication that he is unable to care for his own safety or for the safety of others.
No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises such as may tend to annoy or disturb another in or about any public street, alley or park or any private residence.
A. 
No person shall knowingly resist or obstruct an officer while such officer is doing any act in his or her official capacity and with lawful authority.
B. 
In this section, the following terms shall have the meanings indicated:
OBSTRUCT
Includes, without limitation, knowingly giving false information to the officer or knowingly placing physical evidence with intent to mislead the officer in the performance of his or her duty during the service of any summons or civil process.
OFFICER
Police officer or other public officer or public employee having the authority by virtue of the officer's or employee's office or employment to take another into custody.[1]
[1]
Editor's Note: Original § 11.02.070, Unlawful assemblies, which immediately followed this section and was amended 9-19-1995, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No person shall loiter in or about any park, parkway, school ground or other public ground or place between 10:00 p.m. and 6:00 a.m., except in Rotary Park located at the east end of East Grand Avenue, Coal Dock Park and Fisherman's Park in which no person shall loiter in or about between 11:00 p.m. and 6:00 a.m.
A. 
Handbill defined. "Handbill" includes any printed or written advertising matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, paper, booklet, or any other printed matter of literature.
B. 
Restrictions. No person shall:
(1) 
Place any handbill in or on any public street, alley, park, ground or other public place, provided this provision shall not prohibit the distributing of a handbill to any person willing to accept the same.
(2) 
Place any handbill in or on any vehicle unless the owner or occupant is present and accepts such handbill.
(3) 
Distribute any handbill upon private property without the consent of the owner or occupant thereof.
(4) 
Distribute any handbill upon property wherein it is indicated by posting that handbills are not to be distributed.
(5) 
Distribute any handbill between 5:00 p.m. and 8:00 a.m.
(6) 
Distribute handbills in such a manner as to impede the free flow of traffic upon a street or sidewalk.
(7) 
In distributing handbills, molest or annoy any individual, group or gathering.
C. 
Exception. This section shall not apply to a messenger service or to the distribution of United States mail or telegrams or to the delivery of a handbill to any person requesting the same.
A. 
Misuse prohibited. No person shall utilize the E911 emergency telephone number system for any purpose other than to report an emergency.
B. 
It shall be unlawful for any person to report an alleged emergency knowing that in fact the situation which he or she reports does not exist.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
An "emergency" under this section exists when the person reasonably believes that the immediate response by public safety personnel is essential due to the risk or actual occurrence of:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Death or great bodily harm.
(2) 
Property damage.
(3) 
Any other situation which mandates the immediate response of public safety personnel.
D. 
Penalty. Any person violating this section shall, upon conviction, be subject to a forfeiture of not more than $200, together with the costs of prosecution.
A. 
Gambling, lotteries, and fraudulent devices and practices prohibited.
(1) 
Definitions under state law adopted. All definitions contained in § 945.01, Wis. Stats., defining "bet," "bookmaking," "gambling machine," "gambling place," "lottery," "consideration" and "wire communication facility" are hereby adopted and by reference made a part of this subsection as if fully set forth herein.
(2) 
Provisions of state law adopted. All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the City. Without limitation, the following provisions of the Wisconsin Statutes for which the penalty is a forfeiture and/or the seizure of anything of value or anything devised solely for or found in actual use for gambling are hereby adopted and by reference made a part of this subsection as if fully set forth herein, and as such statutes may be altered, amended, renumbered or recreated in any manner whatsoever after the effective date of this subsection:
(a) 
Section 945.02 (Gambling).
(b) 
Section 945.03 (Commercial gambling).
(c) 
Section 945.035 (Certain slot machines on licensed premises).
(d) 
Section 945.04 (Permitting premises to be used for commercial gambling).
(e) 
Section 945.05 (Dealing in gambling devices).
(f) 
Section 945.07 (Gambling by participants in contest).
(g) 
Section 945.08 (Bribery of participant in contest).
(h) 
Section 945.12 (Endless sales chains).
(3) 
Procedure. The procedure for citation, pleading, initial appearance, stipulation of guilt, deposit, substitution of Municipal Judge, discovery, prosecution, trial judgment, relief from judgment, enforcement of judgment and appeal for cases arising under this subsection shall be as provided in Ch. 800, Wis. Stats., and as such statutes may be altered, amended, renumbered or recreated in any manner whatsoever after the effective date of this subsection.
B. 
Prostitution prohibited. No person shall operate or be an occupant of a house of prostitution or engage in prostitution within the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Vagrancy and loitering prohibited. No person shall within the City loiter or loaf about any public building, place or premises or wander about the streets, alleys, parks or other public places either by day or night, whose actions give rise to a suspicion of wrongdoing and who is unable to give a satisfactory account of himself, or who, having the physical ability to work, is without any visible means of support and does not seek employment or who derives part of his support from begging, prostitution, pandering, fortune telling or as a similar impostor.
D. 
Indecent conduct and language prohibited. No person shall use any indecent, vile, profane or obscene language or conduct himself in any indecent, lewd, lascivious or obscene manner within the City.[1]
[1]
Editor's Note: Original § 11.03.050, Obscene literature, and § 11.03.060, Obscene shows, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Window peeping. No person shall enter upon the lands of another for the purpose of window peeping, prowling, or trespassing.
A. 
Destruction or damage of property prohibited.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
No person shall willfully cause damage, injure or intentionally deface, destroy or meddle with any property of any kind of nature belonging to the City or its departments.
(2) 
No person shall willfully cause damage, injure or intentionally deface, destroy or meddle with any property of any kind or nature belonging to another without that person's consent.
B. 
Theft. The provisions of § 943.20, Wis. Stats., defining and prohibiting theft of moveable property, excluding provisions relating to the penalty to be imposed or the punishment for violation of such statutes, as they may be amended from time to time, are adopted and made a part of this section by reference, to the extent that such statutes prohibit theft of property which does not exceed $500. A violation of any of such provisions shall constitute a violation of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Retail theft/shoplifting. The provisions of § 943.50, Wis. Stats., defining and prohibiting retail theft or shoplifting, excluding provisions relating to the penalty to be imposed or the punishment for violation of such statutes, as they may be amended from time to time, are adopted and made a part of this section by reference. A violation of any such provisions shall constitute a violation of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
D. 
Littering prohibited. No person shall throw any glass, rubbish, waste or filth upon the streets, alleys, highways, public parks, or other property of the City or upon any private property not owned by him or upon the surface of any body of water within the City.
E. 
Littering from vehicles. Any person engaged in hauling any loose material likely to fall or be blown from a vehicle shall take all necessary precautions to prevent such material from falling therefrom, and if such material does fall or is blown therefrom shall cause such material to be picked up and removed. No person shall load a vehicle so that the contents thereof are likely to fall or be scattered therefrom.
F. 
Spitting on public places. No person shall spit or expectorate on any street, sidewalk or public place, public building or public conveyance.
G. 
Parkour and similar activities prohibited. No person shall run, climb, swing, vault, jump, roll, leap, or engage in quadrupedal or other types of movement, in the manner often referred to as the practice of Parkour, freerunning, and/or l'art du deplacement, on, from or upon any personal property owned or controlled by the City. As used in this section, "personal property" includes, but is not limited to, benches, bicycle racks, fences, monuments, planters, play equipment, poles, posts, railings, statues, and tables.
H. 
Penalty. Any person violating any provision of this section shall, upon conviction, forfeit an amount not less than $50 nor more than $500 for each offense.
[Added 10-18-2022 by Ord. No. 2022-14]
A. 
Graffiti prohibited.
(1) 
Definitions. For the purposes of Subsection A and Subsection B of this section, the following definitions shall apply:
CHILD
When used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a municipal ordinance, " child" does not include a person who has attained 17 years of age.
GRAFFITI
The intentional marking, drawing, or writing with paint, ink, or another substance on, or the intentional etching into, the physical property of another without the other person's express consent. For purposes of this section, "graffiti" includes any form of writings, drawings, inscriptions, figures, or marks, regardless of their content or the nature of materials used in their placement.
PROPERTY
Any real or personal property and that which is affixed, incidental or appurtenant to real property, including but not limited to any premises, house, building, structure, fence, wall, sign, or other public or private property, or any separate part thereof, whether permanent or not.
(2) 
Prohibition of graffiti. It shall be unlawful for any person to write, draw, inscribe, mark, scratch, scrawl, paint, spray or otherwise place graffiti of any kind on any public or private building, structure, or place or on any other physical property. This subsection shall not be construed to prohibit the placement of temporary and easily removable chalk or other water-soluble markings on public or private streets, sidewalks, or other paved surfaces incident to youth activities such as hopscotch and various types of ball games, City-sponsored public art activities, or any lawful business or activity.
(3) 
Penalty. Any person who violates this subsection shall be subject to a penalty as provided in § 1-4 of this Municipal Code. In addition, any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates this subsection may also be held liable for the cost of the repair or replacement of, or the removal of the etching, marking, drawing, or writing from, property damaged as the result of a violation of this subsection, in accordance with § 895.035, Wis. Stats.
B. 
Graffiti abatement.
(1) 
Public nuisance. Graffiti is hereby specifically found to contribute to blight and deterioration of surrounding properties and reduces the attractive physical qualities of neighborhoods, all to the detriment of the City. Graffiti is hereby declared to be a public nuisance affecting peace and safety, as defined in §§ 291-2 and 291-5 of this Municipal Code, and must be abated promptly to avoid the detrimental impact of graffiti on the City, its residents, and businesses and to protect the surrounding properties and neighborhoods.
(2) 
Graffiti prohibited. No owner of any property within the City may maintain or allow any graffiti to remain upon such property for a period of more than 15 days when such graffiti is visible from the street or from other public or private property. Surfaces upon which graffiti is present shall be cleaned, painted or in some manner covered to achieve the complete removal or obliteration of the graffiti from that surface and to return the surface to its prior condition.
(3) 
Penalty. Any person who violates Subsection B(2) shall be subject to a penalty as provided in § 1-4 of this Municipal Code. Each violation and each day a violation occurs or exists constitutes a separate offense and is punishable as such.
(4) 
Notice and order to abate. Whenever the Building Inspector determines that graffiti on any property within the City is visible from the street or other public or private property, he shall issue a written notice and order to abate to the property owner requiring removal or covering of the graffiti within 10 days of service of the notice and order on the owner, unless extenuating circumstances, including but not limited to inclement weather, prevent the work from being done, in which case the Building Inspector may, in their discretion, grant an extension of time to complete the work. The written notice and order shall be served on the owner personally by the Police Department or by certified mail, return receipt requested. Service by certified mail shall be deemed complete on the date of mailing.
(5) 
Compliance. A property owner shall be deemed to have timely complied with a notice and order to abate graffiti if it is obliterated by a primary paint and matching building paint applied in a good and workmanlike manner, or by such other means as shall completely remove or obliterate the graffiti.
(6) 
Failure to comply. If any property owner fails to comply with the notice and order to abate, the Building Inspector may cause the graffiti to be removed or covered either by City employees or by an independent contractor. The City employees and the independent contractor are authorized to enter upon the property and abate the graffiti upon exterior walls, fences, and other structures adjoining public streets, public property, or rights-of-way. All costs of abatement incurred by the City shall be imposed as a special charge against the real property on which the graffiti is located for the cost of the services provided, pursuant to § 66.0627, Wis. Stats.
A. 
Issuance of worthless checks prohibited. No person shall issue any check or other order for payment of money which, at the time of issuance, he or she intends shall not be paid.
B. 
Evidence of issuance. Any of the following shall be prima facie evidence that the person at the time he or she issued the check or other order for payment 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 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. 
Exemptions. This section shall not apply to a post-dated check.
D. 
Penalty.
(1) 
Any person violating any provisions of this section shall forfeit the following:
(a) 
The amount of $50, if the worthless check or order is for an amount equal to or less than $150.
(b) 
The amount of $100, if the worthless check or order is in an amount greater than $150 and less than $500.
(c) 
The cost of prosecution in any event.
(2) 
In default of payment, the defendant may be imprisoned in the county jail until forfeiture and costs are paid, but not to exceed 60 days.
A. 
Loitering or prowling prohibited. No person shall loiter or prowl in a place, at a time, or in a manner not usual for law abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon the appearance of a police or peace officer, refuses to identify himself under the circumstances which leads the officer to believe a crime has been or will be committed, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances make it impracticable, a police or peace officer shall, prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the police or peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the actor was true and, if believed by the police or peace officer at the time, would have dispelled the alarm.
B. 
Obstruction of traffic by loitering. No person shall loaf or loiter in a group or a crowd upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public place within the City in such manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, sidewalks, alleys, street crossings and bridges or other public places by persons passing along and over the same.
C. 
Loitering after being requested to move.
(1) 
Obstructing highways. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.
(2) 
In places of public assembly or use. No person shall loiter, lounge or loaf in or about any depot, theater, dance hall, restaurant, store, parking lot, or other private place of assembly or public use after being requested to move on by any police officer or by the owner or other person in charge of such place. Upon being requested to move, a person shall comply immediately with such request by leaving the premises or the area.
(3) 
When signs posted. No person shall loiter, lounge or loaf on private property posted by means of a sign or signs prohibiting such conduct without the express consent of the owner or other person in charge thereof. The presence of a person on such property for a period of 10 minutes or longer without such consent in writing and without transacting or causing to be transacted business with the owner, person in charge or his/her/its agent shall be presumptive evidence of a violation of this subsection.
[Added 8-18-2015 by Ord. No. 2015-7]
A. 
Findings and intent.
(1) 
This section is a regulatory measure aimed at protecting the health and safety of children in the City from the risk that sex offenders convicted of offenses against children may re-offend in locations near to where children congregate. Given the high rate of recidivism for sex offenders, and that restricting opportunity is important to reducing the risk of re-offense, there is a need to protect children where they congregate or play in public places. Therefore, the City finds and declares that sex offenders are a serious threat to the safety of children if regulatory measures are not in place that prohibit the presence of or loitering by sex offenders in specified areas designated as places children commonly congregate. The City further finds that in addition to schools and child-care facilities, children congregate or play at child-oriented facilities, such as parks, playgrounds and recreational areas.
(2) 
It is not the intent of this section to impose a criminal penalty, but rather to serve the City's compelling interest in promoting, protecting, and improving the health, safety, and welfare of children of the City by prohibiting sex offenders from being present or loitering in specified areas near locations where children regularly congregate or play. It is the further intent of this section to recognize that convicted sex offenders must reenter the community, and the City hereby accepts that it has a responsibility to convicted sex offenders and surrounding area municipalities to ensure that, in addition to promoting regulatory measures aimed at protecting children, its regulatory measures are not aimed at prohibiting convicted sex offenders from being part of society.
B. 
Definitions. As used in this section, the following words, terms and phrases shall have the meanings indicated, except when the context clearly indicates a different meaning:
CHILD
A person under 16 years of age for the purposes of this section.
CHILD-CARE FACILITY
A child-care facility that is operated by a person licensed under § 48.65, Wis. Stats., or certified under § 48.651, Wis. Stats., or contracted for under § 120.13(14), Wis. Stats.
DESIGNATED OFFENDER
A person who is required to register under § 301.45, Wis. Stats., or who is listed on the State Sex Offender Registry, or who is subject to State Sex Offender Registry guidelines, for any sexual offense against a child, unless the person was under age 18 at the time of the offense and the offender was not convicted of the offense as an adult.
LOITERING
Whether in a group or individually, to stand idly about, loaf, prowl, congregate, wander, linger aimlessly, or proceed slowly or with many stops; to delay or dawdle.
MINOR
A person under 17 years of age.
SCHOOL PREMISES
Any public, parochial, private or tribal school building, grounds, recreation area, athletic field or any other property owned, used or operated for school administration.
ZONES
(1) 
RESTRICTED ZONESThose certain areas designated by the City as places in which children congregate or play, including but not limited to school premises, child-care facilities, parks, playgrounds, recreational areas or other locations designated by the City. Restricted zones generally do not include areas beyond the real estate parcel(s) upon which the building, structure, facility or park is located that caused the City's designation of such restricted zone, but may include adjoining or adjacent parcels if such parcels are used for ancillary purposes, such as an athletic field located adjacent to a school.
(2) 
LOITER-FREE ZONESThose areas lying within a 200-foot radius of a restricted zone. The distance shall be measured outward from each boundary line of the real estate parcel(s) that supports or upon which there exists any of the uses which cause the property to be designated as a restricted zone.
(3) 
RESTRICTED ZONE MAPAn official map maintained by the City showing restricted zones designated in green and loiter-free zones designated in yellow (the "Restricted Zone Map"). The City shall update the Restricted Zone Map at least annually to reflect any changes in the location of restricted zones and loiter-free zones. The Restricted Zone Map will be made available at the City Clerk's office and on the City's official website.
C. 
Prohibited locations and/or acts; exceptions.
(1) 
Restricted zones.
(a) 
Restricted zone restrictions. It is unlawful for any designated offender to be physically present within a restricted zone under any of the following circumstances:
[1] 
When children are present or are known or reasonably presumed to be present;
[2] 
Between 7:00 a.m. and 11:00 p.m., Monday through Friday, in a school or child-care facility restricted zone; or
[3] 
Between 7:00 a.m. and 11:00 p.m., in a park, playground or recreational area restricted zone.
(b) 
Exceptions to restricted zone restrictions. A designated offender may be physically present on any day or time within a restricted zone if all of the following are present:
[1] 
The designated offender has legitimate or official business, which shall be determined by the reasonable person standard; and
[2] 
The designated offender is accompanied by or is in the presence of another adult who is not a designated offender.
(c) 
The restricted zone restrictions are not intended to impede normal community activities such as, but not limited to, the following:
[1] 
Attendance at church or religious services or functions.
[2] 
Normal use of public facilities such as adult library, adult recreation and adult education areas, but excluding facilities primarily used or frequented by children.
[3] 
Commercial and business establishments used or frequented by the general public, but excluding establishments primarily used or frequented by children unaccompanied by adults.
(d) 
The restricted zone restrictions and loiter-free zone restrictions do not apply to a person who is confined in a jail, an adult correctional facility, a juvenile detention facility as defined in § 938.02(10r), Wis. Stats., or a secured residential care center for children and youth as defined in § 938.02(15g), Wis. Stats., or pursuant to Ch. 980, Wis. Stats.
(2) 
Loiter-free zones. Except as provided in Subsection C(1)(d) hereof, it is unlawful for a designated offender to loiter within a restricted zone or within a loiter-free zone.
D. 
Penalties. Whoever violates this section shall, upon conviction, be punished by a forfeiture of not less than $500 nor more than $1,000, together with the costs of prosecution for each such offense, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days. Each violation that occurs, and each day a violation continues, shall constitute a separate offense.
E. 
Severability. The provisions of this section are deemed severable, and it is expressly declared that the City would have enacted the other provisions of this section irrespective of whether one or more provisions hereof may be declared invalid. If any provision of this section is held invalid by a court of competent jurisdiction, the remainder of this section shall not be affected.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No person shall keep or maintain or in any way be connected with or contribute to the support of any disorderly house, house of ill fame or place for the practice of prostitution or shall knowingly own or be interested therein as proprietor or landlord.
A. 
It shall be unlawful for any student who is under suspension, expulsion, or other discipline excluding him from attending any school as defined below, or for any person not a student presently enrolled to attend such school, or not an employee of such school, or not a parent or guardian of a student so enrolled, or not an otherwise "authorized person" as defined below, to be present within any school building or upon any school grounds under the jurisdiction of such school, without having first secured authorization to be there from the principal or other person in charge of the school building or school grounds, except while in direct route to secure such authorization.
B. 
Any person shall, upon request of the principal or other person in charge of any school building or upon any school grounds under the jurisdiction of the school district referred to below, or upon request of any police officer, display any written authorization to be present which he may have in his possession or otherwise explain his presence or his status as a student, employee, parent or guardian, or authorized person as defined below.
C. 
All entrances to such school buildings shall be posted with a notice stating "Entry Into School Building by Unauthorized Persons Prohibited."
D. 
It shall be unlawful for any person to be present on any elementary or middle school playground after 10:00 p.m. It shall be unlawful for any person to be present on any high school playground after 12:00 midnight.
E. 
Unauthorized presence shall include any vehicle on school property whose owners or occupants have not received permission to be there or whose owners or occupants are not on school property for some legitimate business or activity or which is parked in an area reserved for parking to certain authorized vehicles, not including the vehicle in question. Such vehicle may be issued a City of Port Washington summons that regulates parking or may be towed away at the direction of the school principal or person in charge. The Police Department may also have any vehicle towed away which, because of its location, creates a hazard to life or property.
F. 
As used in this section, the following words shall have the meanings indicated:
AUTHORIZED PERSON
Includes any person who is present at any school building or school grounds for any purpose previously authorized by the schools or their designees.
SCHOOL
Any property within the City of Port Washington under the jurisdiction of the Port Washington – Saukville School District.
G. 
Penalty. Any person who shall violate any of the provisions of this section shall, upon conviction, be subject to a forfeiture of not less than $10 nor more than $200 for each offense.
A. 
Definitions. For the purpose of this section, certain words and terms are defined as follows:
LIBRARY
Any public library, library of an educational or historical organization or society, or museum within the City of Port Washington.
LIBRARY MATERIAL
Includes any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, sound recording, audio-visual materials in any format, magnetic or other tapes, electronic data processing records, or other tapes, artifacts or other documentary, written or printed materials, regardless of physical form or characteristic, belonging to, on loan to or otherwise in the custody of a library.
B. 
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 intent to deprive the library of possession of the material on the part of the person so concealing the material.
C. 
Failure to return materials.
(1) 
Any person who has charged out library material from a library in accordance with the rules and regulations adopted by the Library Board and who has failed to return said library material on or before the date that said library material was to have been returned to the library and who has received a written notice to return materials owned by or in charge of the library, or any person to whom the library has attempted to send such a notice but is unable to do so because said person failed to inform the library of a change of address, and who fails to return such material according to the rules and regulations adopted by the Library Board, or any person who conceals library material with intent to deprive the library of possession of such material, shall forfeit:
(a) 
$20, together with the costs of prosecution, if the value of the library materials does not exceed $20.
(b) 
$50, together with the costs of prosecution, if the value of the library materials does not exceed $50.
(c) 
$100, together with the costs of prosecution, if the value of the library materials exceeds $50.
(2) 
In the event of a failure to pay such forfeiture, where no showing of indigency is made, a person convicted of violating this section may be imprisoned for no more than three days, as the court deems fit, or until the judgment is sooner paid.
(3) 
The failure to return, or concealment of, each item of library material belonging to or in the charge of the library shall constitute a separate violation of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Except where otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.
Whoever attempts to commit an offense under this chapter may be subject to forfeiture not to exceed the maximum penalty for the completed offense.