[Adopted 6-30-1994 as
Title 9, Ch. 3, Secs. 9-3-1 through 9-3-6 and 9-3-8 through 9-3-16,
of the 1994 Code]
A.
No person shall willfully injure or intentionally deface, destroy
or unlawfully remove, take or meddle with any property of any kind
or nature within the Village and belonging to the Village or its departments,
the school district or to any private person, without the consent
of the owner or proper authority.
No person shall throw any glass, refuse, 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 school
district or any private person or upon the surface of any body of
water within the Village limits.
No person shall have or permit on any premises owned or occupied
by him/her any open cisterns, cesspools, wells, unused basements,
excavations or other dangerous openings. All such places shall be
filled, securely covered or fenced in such manner as to prevent injury
to any person and any cover shall be of a design, size and weight
that the same cannot be removed by small children.
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 ice
box, refrigerator or other container which has an airtight door or
lid, snap lock of 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 ice box, 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.
Whoever intentionally alters indication 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/her 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 employees 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 $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 Waushara County District
Attorney for criminal prosecution.
No person shall place garbage at the edge of the street or roadside
for weekly pickup more than 24 hours prior to such scheduled pickup.
Containers shall be removed from edge of the street or roadside at
least 24 hours after such scheduled pickup.
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 in an enclosure which houses
such property from public view 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.
Whoever issues any check or other order for the payment of money
less than $500 which, at the time of issuance, he/she intends shall
not be paid is guilty of a violation of this section.
B.
Any of the following prima facie evidence that a person at the time
he/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 non-payment or dishonor to pay
the check or other order.
(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 non-payment
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.
D.
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, together with the costs of prosecution
and in default of payment, imprisonment in the Waushara County Jail
until forfeiture and costs are paid but not to exceed 60 days.
A.
ARCHIVES
LIBRARY
LIBRARY MATERIAL
Definitions. For the purpose of this section, certain words and terms
are defined as follows:
A place in which public or institutional records are systematically
preserved.
The Coloma Public Library.
Includes any book, plate, picture 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 the library.[1]
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 forfeiture as provided by the general
penalty provisions of this Code.
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 by a person upon the person
or among the belongings of 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/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/her will
before the arrival of a peace officer who may conduct a lawful interrogation
of the accused person. Compliance with this section allows the official,
agent or 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.
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 Coloma Public Library.
No person shall, without lawful authority, open, remove or damage
any coin machine, coin telephone or other vending machine dispensing
goods or services or any 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 Village limits.
A.
Damaging of drinking fountain. All persons are hereby prohibited
from breaking or otherwise injuring any bubbler, drinking fountain
or any drinking bubbler or in anyway injuring, soiling, tampering
with or defacing any such bubbler or drinking fountain or placing
dirt, leaves, refuse or matter of any sort in or upon any such bubbler,
drinking fountain or drinking bubbler in any public park, street,
sidewalk or ground or any public building, schoolhouse, hall, museum,
library or branch library of the Village.
B.
Damaging of public property. All persons are hereby prohibited from
breaking or otherwise injuring any tree, shrub or plant; breaking,
soiling or defacing any fountain, statue or other ornamental structure;
or in any way injuring, soiling, damaging or defacing any public building
or public property in any public park, square, sidewalk or ground
in the Village, whether the same shall be owned or held in trust by
said Village for the use of any district of said Village.
C.
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.
No person with the Village limits shall intentionally cause
damage to any physical property of another without his/her consent.
A.
Declaration of policy. 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
requires 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 residence and dwellings cause emotional disturbances and distress
to the occupants; 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 section 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 Village
Board pursuant to the provisions of § 61.34(1), Wis. Stats.
B.
Picketing prohibited. It shall be unlawful for any person to engage
in picketing before or about the residence or dwelling of any individual.
Nothing herein shall be deemed to prohibit:
A.
Where prohibited.
(1)
It shall be unlawful for any person, firm or corporation or for any
officer, member agent, servant or employee of any person, firm or
corporation to distribute or place or cause to be distributed or cause
to be placed, any printed or written matter, any sample or device,
dodger, circular, leaflet, pamphlet, newspaper, magazine, paper booklet
or any other printed or otherwise reproduced original or copies of
any matter or literature in or upon any automobile, steps, lawn, driveway
or porch of any private building or residence unless said advertising
material shall be securely fastened at the entrance of any private
dwelling unit in such a manner so that said material will not be likely
to be scattered or blown on or about said premises or onto adjacent
lots or yards or upon the sidewalks, streets, alleys and other public
places within the Village.
(2)
It shall be unlawful for any person to distribute, deposit, place,
throw, scatter or cast any printed or written matter, any sample or
device, dodger, circular, leaflet, pamphlet, newspaper, magazine,
paper booklet or any other printed or otherwise reproduced original
or copies of any matter or literature upon any premises where the
owner or occupant has cause to be place in a position clearly visible
to the distributor a sign or notice bearing the words, "No Advertisements,"
"No Handbills," or any similar notice, indicating in any manner that
the occupants of said premises do not desire to have their right of
privacy disturbed or to have any such handbills left upon such premises.
(3)
It shall be unlawful for any person to distribute, deposit, scatter,
hand out or circulate any printed or written matter, any sample or
device, dodger, circular, leaflet, pamphlet, newspaper, magazine,
paper booklet or any other printed or otherwise reproduced original
or copies of any matter or literature in any place, under any circumstances,
which does not have printed on the same either of the following:[1]
(a)
The name and address of the principal advertiser or the name
and address of the person, who printed, wrote, compiled or manufactured
the same.
(b)
The name and address of the person who caused the same to be
distributed. Provided, however, that in the case of a fictitious person
or club, in addition to such fictitious name, the true name and addresses
of the owner, managers or agents of the sponsoring such handbills
shall also appear thereon.
B.
Advertising plastic bag requirements. Distribution of materials at
any dwelling place or apartment in a polyethylene or other type of
flexible plastic container more than four inches in diameter shall
be unlawful, unless the said container is ventilated with at least
two holes not less than 1/4 inch in diameter and is one mill (0.0001)
gauge or more in thickness.
C.
NEWSPAPER
Exceptions. The provisions of this section shall not be deemed to
comply to the distribution of mail by the United States Postal Service
nor to "newspapers" defined as follows:
Includes any newspaper of general circulation as defined
by general law, any newspaper duly entered with the United States
Postal Service in accordance with any federal law or regulation and
any officer as provided by general law; or magazine regularly published
with not less than four issues per year and sold to the public.
In addition to the general penalty of this Code 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 § 376-14 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with the Wisconsin Statutes.
