Village of Barneveld, WI Peace and Good Order

Restriction on use of firearms. Firearms shall be discharged within the Village only in compliance with the following standards:

Law enforcement personnel in the performance of their duties.

All other persons shall obtain a written permit from the Village Police Department before discharging a firearm.

Permits required.

No person may discharge any firearms in the Village of Barneveld without obtaining a written permit from the Chief of Police or his authorized agent and written permission by the landowner. Landowner property must be greater than two acres or is an approved game farm.

No firearms shall be discharged within 50 feet of any street, road or highway, nor within 300 feet of another person's dwelling in the Village.

A permit from the Chief of Police shall be required for the hunting or trapping of wild animals or birds causing damage to growing agricultural crops, or creating a public safety nuisance, as determined by the Department of Natural Resources. Anyone engaged in this activity shall comply with all state statutes and rules.

Permit application.

An application shall be submitted to the Police Department by a person wishing to discharge a firearm in the Village upon the forms provided by the Police Department.

The permit with receipt from Village shall be carried by the person to whom it is issued at all times when discharging firearm and shall be exhibited to officers of the Police Department upon demand.

The permit for discharging weapons within the Village must be renewed before end date as written on the weapons discharge permit.

The Village Board, Chief of Police, or his authorized agents may revoke any permit issued hereunder, at any time.

(e)

The fee for obtaining a firearms discharge permit, in such amounts as set from time to time by resolution of the Village Board, shall be paid to the Village of Barneveld.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

(f)

No persons shall shoot, shoot at, pursue, take, catch, hunt with bow and arrows or kill any wild animals in the Village of Barneveld, unless a firearms discharge permit therefor has been duly issued to that person under § 203-2 of this Code and said person has been issued a Wisconsin hunting license.

Liability not assumed. The Village of Barneveld does not assume any liability for damages to persons or property caused by the discharge of firearms.

Penalties for violations of this subsection are as provided in § 1-2 of Chapter 1, General Provisions, of the Code.

Throwing or shooting of arrows, stones and other missiles prohibited.

[Amended 12-7-2009 by Ord. No. 09-12-01]

No person shall shoot any projectile by firearm at any person or animal or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the Village.

Penalties for violations of this subsection are as provided in § 1-2 of Chapter 1, General Provisions, of the Code.

Open burning prohibited. No person, firm or corporation shall build any outdoor fire within the corporate limits of the Village of Barneveld excepting as set forth below in this section. This prohibition on burning includes burning of construction waste and debris at construction sites.

Exceptions.

Outdoor cooking over a fire contained in a device or structure designed for such use is permissible. This section does not prohibit the warming of a person or the cooking of food, excepting that only wood, charcoal, propane or cardboard may be used as an accelerant, and the warming or cooking fire must be contained with a fire pit or within a rocked or bricked enclosure or grill or within a device intended for warming or cooking.

Controlled burning of grass or similar vegetation for environmental management purposes, with prior written approval of the Fire Department Chief or his designee, may be permitted. This exception is not to be used for the burning of grass, leaves or other lawn debris.[1]

[1]

Editor's Note: Original Sec. 9.01(3)(a)(3), regarding lawn debris burning permit, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Ceremonial campfire or bonfires, with prior written approval of the Fire Department Chief, or his designee, may be permitted but should be restricted to the permitted burning hours. It will be the responsibility of the permit holder to notify the adjacent landowners and/or current residents of the times the event is to take place.

Other occasions of desirable outdoor burning not specified by this subsection, but not as an alternative to refuse removal or disposal of which other methods are available, may be granted single occasion approval as in Subsection C(1)(b) above.

Application for permits.

Procedure for issuance of general burning permits. Before the setting or starting of any open burning permitted under this section, a permit authorizing the burn shall be first obtained by the owner, operator, or agent from the Fire Department Chief, or his designee. Application of a burning permit shall be made in writing upon a form furnished by the Fire Department Chief, or his designee, a copy of which will be sent to the Village Board prior to the event. The Fire Department Chief, or his designee, may also establish from time to time special rules or restrictions relating to open burning by permit. Such rules may govern conditions including, but not necessarily limited to, the following:

[1]

Hours when burning is allowed.

[2]

Day(s) when burning is allowed.

[3]

Material which may or may not be burned (governed by Chs. ATCP 93 and 94, Wis. Adm. Code).

[4]

Whether open burning is allowed or whether burning is allowed with an approved incinerator or burning device.

[5]

The length of time the permit is valid.

[6]

What constitutes an approved burning device or incinerator or burning device.

[7]

The size of the material pile burned by open burning.

[8]

The distance or distances to be maintained between the materials being burned and other flammable materials or substances.

[9]

The distance to be maintained from any occupied or unoccupied structure, wood or lumber pike or wooden fence (a minimum of 25 feet is recommended).

[10]

Supervision required for burning, including minimum age of 16 years of age, and must have readily available on site the types of extinguishing equipment necessary to properly control the site and surrounding areas.

[11]

The manner in which ashes and debris created by the burn are to be disposed of.

Issuance of general burning permits. If the Fire Department Chief, or his designee, finds the proposed burning complies with all Village ordinances and the regulations contained in Ch. SPS 314, Wis. Adm. Code, he shall approve the application, and a burning permit shall be subsequently issued to applicant. A copy of any burning permit and the application therefor shall be kept on file with the Fire Department Chief. An additional copy of the application and permit will be forwarded to the Village Clerk/Treasurer, who will then notify each Village Board member. No burning permit shall be valid for more than 30 days from the date when issued. It is the responsibility of the permit holder to notify the adjacent landowners and/or current occupants of the surrounding properties.[2]

[2]

Editor's Note: Original Sec. 9.01(3)(B)(3), Procedure and issuance of lawn debris burning permits, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Fees for permits. Fees for general burning permits shall be set by resolution of the Village Board.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Open burning regulations. The following shall be applicable when an open burning permit has been issued:

All open burning conducted pursuant to a permit shall be performed in a safe pollution-free manner, when wind and weather conditions are such as to minimize adverse affects, and in conformance with local and state fire protection regulations. Open burning permits shall not be used to covertly burn plastic, construction debris or other prohibited materials.

The size of the pile of material to be burned shall not exceed four feet in any direction measured horizontally, or three feet measured vertically, unless approved by the Fire Department Chief, or his designee, as stated above.

The pile of the material to be burned shall be at least 25 feet away from any structure, wood or lumber pile, wooden fence, trees, or bushes. Provisions shall be made to prevent the fire from spreading to within 25 feet of such items or the fire shall otherwise be contained in an approved incinerator or burning device which is located at least 15 feet from any structure, wood or lumber pile, wooden fence, trees, or bushes.

Any ashes created by burning such material as is lawful under this section are to be disposed of in a manner authorized by law.

(e)

Open burning shall be constantly attended and supervised by a competent person at least 16 years of age until such fire and/or ashes are extinguished completely. This person shall have readily available to use such fire-extinguishing equipment as may be necessary for the total control of the fire while burning and/or extinguishing such fire.

(f)

No materials may be burned upon any street, curb, gutter, sidewalk or within the Village right-of-way.

(g)

No permits will be issued for the use of burning barrels.

Adoption of state codes. The following Wisconsin statues as now enacted and hereinafter amended by the Wisconsin Legislature, exclusive of any penalty imposed thereby, are hereby adopted by reference and made a part of this chapter as if set forth in full:

Ch. ATCP 93, Flammable, Combustible and Hazardous Liquids, Wis. Adm. Code.

Ch. ATCP 94, Petroleum and Other Liquid Fuel Products, Wis. Adm. Code.[3]

[3]

Editor's Note: Original Sec. 9.01(3)(d)(d), regarding bonfires, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Chs. SPS 361 to 364, Wis. Adm. Code, the Commercial Building Code.

Ch. NR 429.04, Open Burning, Wis. Adm. Code.

Enforcement and penalties. The Barneveld Police Department shall enforce the provisions of this section. In addition to the general penalties provided in § 203-6 of this chapter, fines and penalties shall include the following: expenses incurred by the Fire Department and/or the Village as a result of the open burning or the failure to obtain the necessary permits and such other penalties as are permitted for similar offenses under state statues and the state code, which are hereby incorporated by reference.

Sale and discharge of fireworks restricted.

Private use and sale. No person shall sell, expose or offer for sale, use, keep, discharge or explode any fireworks except toy pistol paper caps, sparklers and toy snakes within the limits of the Village unless he shall be authorized by a fireworks permit as hereinafter provided. The term "fireworks" as used in this section shall be defined as provided in § 167.10(1), Wis. Stats., and shall be deemed to include all rockets or similar missiles containing explosive fuel.

Fireworks permits. Fireworks, other than those prohibited by the laws of Wisconsin, may be used and displayed in open fields, parks, rivers, lakes and ponds by public authorities, fair associations, amusement parks, park boards, civic organizations and other groups of individuals when a permit for such display has been granted by the Fire Chief for investigation and no permit shall be granted unless the Village President, from the report of the Chief, determines that the applicant will use the fireworks in a public exhibition, all reasonable precautions will be exercised with regard to the protection of the lives and property of all persons and the display will be handled by a competent operator and conducted in a suitable, safe place and manner. Before granting any fireworks permit, the Village President shall require the applicant to post with the Village Clerk an approved indemnity bond in the sum of $2,000 for the payment of all claims that may arise by reason of injuries to persons or property from the handling, use or discharge of fireworks under such permit.

Obstructing streets and sidewalks prohibited. No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Village in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place.

§ 203-3 Offenses against state laws subject to forfeiture.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The following statues, defining offenses against the peace and good order of the State of Wisconsin, are adopted by reference to define offenses against the peace and good order of the Village of Barneveld, provided the penalty for commission of such offenses hereunder shall be limited to a forfeiture imposed under § 1-2 of Chapter 1, General Provisions, of this Municipal Code. Any future amendments, revisions or modifications of the statutes incorporated herein by reference are intended to be made part of this Code.

Section 254.92, Wis. Stats., Purchase or possession of cigarettes or tobacco products by person under 18 prohibited.

Section 97.627, Wis. Stats., Causing fires by tobacco smoking.

Section 101.123, Wis. Stats., Smoking prohibited.

Section 134.66, Wis. Stats., Restrictions on sale or gift of cigarettes or nicotine or tobacco products.

MOTOR VEHICLE, VEHICLE AND HIGHWAY

Section 961.41, Wis. Stats., Possession of controlled substance.

(6)

Section 167.10, Wis. Stats., Regulation of fireworks.

(7)

Section 175.25, Wis. Stats., Storage of junked automobiles.

(8)

Section 939.05(2)(b), Wis. Stats., Aiding and abetting.

(9)

Section 939.22, Wis. Stats., Words and phrases defined.

(10)

Section 940.19(1), Wis. Stats., Battery.

(11)

Section 940.291, Wis. Stats., Law enforcement officer; failure to render aid.

(12)

Section 941.01, Wis. Stats., Negligent operation of a vehicle.

(13)

Section 941.10, Wis. Stats., Negligent handling of burning material.

(14)

Section 941.12(2),(3), Wis. Stats., Interfering with fire fighting.

(15)

Section 941.13, Wis. Stats., False alarms.

(16)

Section 941.20(1), Wis. Stats., Endangering safety by use of dangerous weapon.

(17)

Section 948.60, Wis. Stats., Possession of a dangerous weapon by a person under 18.

(18)

Section 941.23, Wis. Stats., Carrying concealed weapon.

(19)

Section 941.235, Wis. Stats., Carrying firearm in public building.

(20)

Section 941.35, Wis. Stats., Emergency telephone calls.

(21)

Section 941.36, Wis. Stats., Fraudulent tapping of electric wires or gas or water meters or pipes.

(22)

Section 941.37(1),(2), Wis. Stats., Obstructing emergency or rescue personnel.

(23)

Section 942.05, Wis. Stats., Opening letters.

(24)

Section 943.01(1), Wis. Stats., Damage to property.

(25)

Section 943.11, Wis. Stats., Entry into locked vehicle.

(26)

Section 943.125, Wis. Stats., Entry into locked coin box.

(27)

Section 943.13, Wis. Stats., Trespass to land.

(28)

Section 943.14, Wis. Stats., Criminal trespass to dwellings.

(29)

Section 943.145, Wis. Stats., Criminal trespass to a medical facility.

(30)

Section 943.15, Wis. Stats., Entry onto a construction site or into a locked building, dwelling or room.

(31)

Section 943.20, Wis. Stats., Theft.

(32)

Section 943.21(3)(am), Wis. Stats., Fraud on hotel or restaurant keeper, recreational attraction, taxicab operator, or gas station.

(33)

Section 943.22, Wis. Stats., Use of cheating tokens.

(34)

Section 943.23(2), Wis. Stats., Operating vehicle without owner's consent.

(35)

Section 943.24(1), Wis. Stats., Issue of worthless checks.

(36)

Section 943.34(1), Wis. Stats., Receiving stolen property.

(37)

Section 948.63, Wis. Stats., Receiving property from a child.

(38)

Section 943.37, Wis. Stats., Alteration of property identification marks.

(39)

Section 943.38(3), Wis. Stats., Forgery.

(40)

Section 943.41, Wis. Stats., Financial transaction card crimes.

(41)

Section 943.50, Wis. Stats., Retail theft; theft of services.

(42)

Section 943.55, Wis. Stats., Removal of shopping cart.

(43)

Section 944.17, Wis. Stats., Sexual gratification.

(44)

Section 944.20, Wis. Stats., Lewd and lascivious behavior.

(45)

Section 944.21, Wis. Stats., Obscene material or performance.

(46)

Section 944.23, Wis. Stats., Making lewd, obscene or indecent drawings.

(47)

Section 944.30, Wis. Stats., Prostitution.

(48)

Section 944.31, Wis. Stats., Patronizing prostitutes.

(49)

Section 944.33, Wis. Stats., Pandering.

(50)

Section 944.36, Wis. Stats., Solicitation of drinks prohibited.

(51)

Section 945.01, Wis. Stats., Definitions relating to Gambling.

(52)

Section 945.02, Wis. Stats., Gambling.

(53)

Section 945.04, Wis. Stats., Permitting premises to be used for commercial gambling.

(54)

Section 946.40, Wis. Stats., Refusing to aid officer.

(55)

Section 946.41, Wis. Stats., Resisting or obstructing officer.

(56)

Section 946.42(2), Wis. Stats., Escape.

(57)

Section 946.69, Falsely assuming to act as a public officer or employee or a utility employee.

(58)

Section 946.70(1), Wis. Stats., Impersonating peace officers, fire fighters, or other emergency personnel.

(59)

Section 946.72(2), Wis. Stats., Tampering with public records and notices.

(60)

Section 947.01, Wis. Stats., Disorderly conduct.

(61)

Section 947.012, Wis. Stats., Unlawful use of telephone.

(62)

Section 947.0125, Wis. Stats., Unlawful use of computerized communications systems.

(63)

Section 947.013, Wis. Stats., Harassment.

(64)

Section 947.06, Wis. Stats., Unlawful assemblies and their suppression.

(65)

Section 948.01, Wis. Stats., Definitions of crimes against children.

(66)

Section 948.11(2)(b), Wis. Stats., Exposing a child to harmful material.

(67)

Section 948.45, Wis. Stats., Contributing to truancy.

(68)

Section 948.50, Wis. Stats., Strip search by school employee.

(69)

Section 948.51, Wis. Stats., Hazing.

(70)

Section 951.02, Wis. Stats., Mistreating animal.

(71)

Section 951.03, Wis. Stats., Dognapping or catnapping.

(72)

Section 951.04, Wis. Stats., Leading animal from motor vehicle.

(73)

Section 951.05, Wis. Stats., Transportation of animals.

(74)

Section 951.06, Wis. Stats., Use of poisonous and controlled substances.

(75)

Section 951.07, Wis. Stats., Use of certain devices prohibited.

(76)

Section 951.08, Wis. Stats., Instigating fights between animals.

(77)

Section 951.09, Wis. Stats., Shooting at caged or staked animals.

(78)

Section 951.10, Wis. Stats., Sale of baby rabbits, chicks and other fowl.

(79)

Section 951.11, Wis. Stats., Sale of artificially colored animals.

(80)

Section 951.13, Wis. Stats., Providing proper food and drink to confined animals.

(81)

Section 951.14, Wis. Stats., Providing proper shelter.

(82)

Section 951.15, Wis. Stats., Abandoning animals.

References to statues. Reference to specific statutory sections wherever used in this chapter shall mean the Wisconsin Statues as of the adoption of this Code, as from time to time amended, modified, repealed or otherwise altered by the State Legislature.

Severability. If any section or part of this chapter is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.

§ 203-4 Offenses endangering public morals and decency.

Gambling, lotteries, fraudulent devices and practices prohibited. All forms of gambling, lotteries and fraudulent devices and practices are prohibited within the limits of the Village. Any peace officer or policeman of the Village is hereby authorized to seize anything devised solely for gambling or found in actual use for gambling within the Village and to dispose thereof after a judicial determination that said device was used solely for gambling or found in actual use for gambling.

Vagrancy and loitering prohibited. No person shall within the Village 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 similar impostor.

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 Village.

§ 203-5 Offenses against public and private property.

Destruction of property prohibited. No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the Village or its departments or to any private person without the consent of the owner or proper authority.

Littering prohibited. No person shall throw any glass, rubbish, waste or filth upon the streets, alleys, highways, public parks or other property of the Village or upon any private property not owned by him or upon the surface of any body of water within the Village of Barneveld.

§ 203-5.1 Disorderly conduct with a motor vehicle.

[Added 9-9-2020 by Ord. No. 20-09-01]

Prohibition. No person shall operate a motor vehicle in the Village of Barneveld in such a manner that constitutes disorderly conduct with a motor vehicle.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Defined as the same terms are defined in Wis. Stats., § 340.01.

DISORDERLY CONDUCT WITH A MOTOR VEHICLE

The deliberate operation of a motor vehicle in a manner that is unnecessary and unreasonably violent, abusive, loud, maneuvered, or accelerated in such a manner so as to disturb, annoy or endanger any person or property in any public or private area in the Village of Barneveld. It includes, but is not limited to, the unnecessary and unreasonable spinning of wheels, squealing of tires, accelerating the engine or vehicle or both, raising one or more wheels off the surface, use of the horn, loud playing of radios or audio entertainment, emission of smoke, gases, or other foul odors that are disagreeable, leaving the highway to travel across property to avoid an intersection, official control sign, signal or other device, and deliberately causing the engine to backfire. For the purpose of this subsection, the motor vehicle is not required to be moving at the time of commission of the disorderly conduct.

Penalty. Any person who shall violate any provision in this section shall, upon conviction thereof, be punished as provided in § 203-6.

§ 203-6 Violations and penalties.

Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punished as follows:

For a violation of §§ 203-3 and 203-4 of this chapter, he shall forfeit not more than $25 and the costs of prosecution, provided that, for a first offense, any person 18 years of age or under who shall be found violating the provisions of said section shall be warned of the penalty for such violation by any police officer of the Village and shall be taken and delivered to the custody of the person having legal custody over him.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

For a violation of any other provision of this chapter, he shall be subject to a penalty as provided in § 1-2 of Chapter 1, General Provisions, of this Code.

In addition to any penalty imposed for violation of § 203-5A of this chapter, 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 § 203-5A of this chapter may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 203-7 Curfew.

No person less than 18 years of age shall remain, and no parent or guardian shall knowingly permit his or her child or ward of such age to remain, in or upon any streets, alleys, or public places in the Village between 9:30 p.m. and 6:00 a.m. of the following day on Sunday through Thursday nights, and 11:00 p.m. to 6:00 a.m. of the following day on Friday and Saturday nights, and unless such person is accompanied by a parent, guardian or adult person having legal custody of such minor.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Subsection A shall not be construed to prohibit a person from:

Performing an errand or duty as directed by his or her parent or guardian or an errand of urgent necessity.

Going to or returning from employment.

Going to or returning from a specific residence.

Going to or returning from a properly supervised public place.

Going to or returning from schoolhouses or school grounds for school activities.

(6)

Going to or returning from churches for religious or entertainment activities.

Any minor subject to this section and convicted of violating any provision thereof shall be subject to disposition under Ch. 48, Wis. Stats.

§ 203-8 Loitering prohibited.

No person not in official attendance or on official business shall enter into, congregate, loiter, wander, stroll, stand or play in or about any municipal building, park building or shelter, or other public building, or in or about any playground area adjacent thereto, or upon any public street, sidewalk, highway, road alley, vacant lot, place of amusement or entertainment or any public place within the Village of Barneveld either on foot or in or upon any conveyance being driven or parked thereon.

No parent, spouse or guardian, or other adult person having legal care or custody of a person under the age of 18 years, shall suffer or permit or by inefficient control allow such person to violate the provisions of Subsection A of this section, provided that any such parent, spouse, guardian or other adult person who shall have made a missing person notification to the law enforcement authorities shall not be considered to have suffered, permitted or allowed any person to be in violation of Subsection A of this section.

No person operating a place of amusement or entertainment within the Village of Barneveld or any agent, servant, employee of such person shall permit any person under the age of 18 years to enter or loiter in such places of amusement or entertainment unless such person is accompanied by his or her parent, spouse or guardian, or other adult person having legal care or custody of such person.

Obstruction of highway by loitering. 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.

Obstruction of traffic by loitering. No person shall loaf or loiter in groups or crowds upon the public streets, alley, sidewalks, street crossings or bridges or in any other public place within the Village in such a manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, sidewalks, streets, street crossings and bridges or other public places by persons passing along and over the same.

Penalties. Any person who shall violate any provision of this section shall be subject to the general penalty in Chapter 1, § 1-2.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 203-9 Roller device.

"Roller device" means roller skates irrespective of the configuration of the wheels, roller blades, skateboards, scooters, unicycles or any other wheel device or apparatus whether or not affixed or strapped to the body or upon which the operator rest or rides which is propelled by power from the operator of such device, including bicycles.

No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Village in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress to or egress from any place of business or amusement or any church, public hall or meeting place.

§ 203-10 Issuance of worthless checks.

Issuance of worthless checks.

Whoever issues any check or other order for the payment of $500 which, at the time of issuance, he or she intends shall not be paid may be penalized as provided in Subsection B(1) hereof.

Whoever issues any single check or other order for the payment of $500 or more or whoever, within a fifteen-day period, issues more than one check or other order amounting in the aggregate to $500 or more which, at the time of issuance, the person intends shall not be paid, may be penalized as provided in Subsection B(2) hereof.

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:

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

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

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.

This section does not apply to a postdated check or to a check given for a past consideration except a payroll check.

NSF check fees. There shall be a fee for return of checks for nonsufficient funds as established by resolution of the Village Board and posted in the office of the Village Clerk.

Penalties.

Any person who violates Subsection A(1) hereof shall be subject to a fine of not less than $10 nor more than $100 for each offense and the cost of prosecution herein.