[HISTORY: Adopted by the City Council of the City of Two Rivers (Title 9, Ch. 3, of the 1981 Code). Amendments noted where applicable.]
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 City or its departments or to any private person without the consent of the owner or proper authority.
No person shall dispose of fish, fish entrails or any part of any fish on any public property, other than in containers specially designed for fish entrails, or on any private property not owned by the person doing the disposing unless so authorized by the owner. No person shall dispose of garbage, organic matter, metal cans or other trash in containers for "fish entrails only."
Definitions. For the purposes of this section, certain words and terms are defined as follows:
- A place in which public or institutional records are systematically preserved.
- The Lester Public Library.
- LIBRARY MATERIAL
- Includes any bookplate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, 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.
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 penalized as provided in Subsection G.
Concealment. The concealment of library material beyond the last station for borrowing library material in the 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 the person or concealed by a person upon the person or among the belongings of another is evidence of intentional concealment on the part of the person so concealing the material.
Damaging material prohibited. No person shall mar, deface or in any other way damage or mutilate any library material.
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 Library Board.
State statutes adopted. Section 943.61, Wis. Stats., is hereby adopted by reference.
The City Manager shall annually, on or before May 15, publish, as required by § 66.0407, Wis. Stats., a notice that every person owning, occupying or controlling land shall destroy all noxious weeds on that land. "Noxious weed," as used in this section, shall include those specifically referred to in § 66.0407(1)(b), Wis. Stats., those designated as noxious weeds by the Wisconsin Department of Natural Resources, and also the following: buckthorn, phragmites, wild parsnip, teasel and Japanese knotweed. "Destroy," as used in this section, shall have the meaning given in § 66.0407(1)(a), Wis. Stats.
If the owner or occupant shall neglect to destroy any weeds as required by such notice, then the Weed Commissioner of the City of Two Rivers, or his or her designee, shall give five days' written notice, by mail, to the owner or occupant of any lands upon which the weeds shall be growing to the effect that the said Weed Commissioner or the designee of the Weed Commissioner, after the expiration of the five-day period, will proceed to destroy or cause to be destroyed all such weeds growing upon said lands, and the cost thereof will be assessed as a tax upon the lands upon which said weeds are located under the provisions of §§ 66.0407 and 66.0517, Wis. Stats.
Noxious weeds are those plants designated as noxious weeds in § 66.0407, Wis. Stats., as well as those plants which may be designated as noxious weeds by the City Council by resolution or ordinance after the effective date of this section, and other rank growth.
For purposes of this section, the following words shall be defined as indicated:
- An area of ground primarily planted with grasses, including but not limited to turf grasses, blue grass, fescue, and ryegrass blends, whether situated adjacent to residential dwellings or commercial, industrial or other structures, or in parks or vacant lots throughout the City, or elsewhere in the City of Two Rivers.
All lawns shall be kept cut to a height not to exceed eight inches. Noxious weeds and nuisance weeds as described in this section shall be destroyed as provided in Subsection A of this section. If the owner of any property fails to maintain its lawn at a height not to exceed eight inches, within five days of the mailing of written notice from the City demanding the same, addressed to the owner at his last-known address, the City may cause the lawn to be cut, and the cost thereof shall be charged to the property as a special charge pursuant to § 66.0627, Wis. Stats.
If the person owning, occupying or controlling land fails to comply with the notice referred to in Subsections B or E of this section within five days of its mailing, such owner shall be subject to a forfeiture of $75. In the event of any additional violations of the same subsection of this section in the same calendar year, involving the same property and the same owner, such owner will be subject to a forfeiture of $150 for each subsequent violation, in addition to being required to destroy weeds or cut the grass and remove clippings in a timely manner or be subject to a charge by the City for performing such abatement work, as provided in Subsections B and E above.
[Amended 5-29-2018; 8-5-2019]
Absent authorization by the City Manager, the use of metal detectors and digging for buried objects on City property, except beaches where no vegetation is present, is prohibited.
Whoever returns or attempts to return 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 section.
Findings. The City Council enacts this section having made the following findings:
The distribution and delivery of unsolicited and unsubscribed commercial advertising material and other unwanted written materials to and upon residential property in the City creates widespread litter which is unsightly and difficult to dispose of or remove when it accumulates, and which damages or interferes with the operation of snow blowers and motor vehicles, and which presents hazards to unsuspecting residents and visitors to the affected properties when covered by snow;
The distribution and delivery of unsolicited and unsubscribed commercial advertising material and other unwanted written materials to and upon residential property in the City creates a security concern for residents when they accumulate, as they suggest that residents of property are not at home, thereby increasing the risk of burglary and vandalism.
Such unsolicited and unsubscribed materials also degrade and are blown and scattered by the force of wind and enter into and clog the City's storm drains and drainage facilities, public and private creeks and waterways, and into public open space areas.
A content-neutral, narrowly tailored ordinance which clearly identifies the circumstances in which distribution or delivery of unsolicited or unsubscribed materials may be made will reduce litter and the problems and concerns identified above and yet provide reasonable opportunities for the delivery of written information and literature.
Definitions. For purposes of this section, the following words shall have the following definitions unless the context or circumstances clearly requires otherwise:
- An exterior appendage to a principal structure leading to an exterior doorway, including any steps or stairway attached thereto.
- A lot, plot, or parcel of land including any structures, driveways, or other impervious surfaces thereon.
- PRINCIPAL STRUCTURE
- A structure, or combination of structures of primary importance on the premises, and that contains the primary use associated with the premises. The primary use is characterized by identifying the main activity taking place on the premises.
- UNSOLICITED WRITTEN MATERIALS
- Any written materials delivered to any premises without express invitation or permission, in writing or otherwise, by the owner, occupant, or lessee of such premises.
Placement of unsolicited written materials. Unsolicited written materials delivered to any premises located in any zoned residential district in the City shall be placed:
On a porch, if one exists; or
So that such materials are securely attached to the front door; or
Through a mail slot on the front door or principal structure, if one exists, as permitted by the United States Postal Service Domestic Mail Manual, Section 508, Recipient Services, Subsection 3.1.2., or its successor; or
Between an exterior front or side door, commonly referred to as a storm door or screen door, if one exists and is unlocked, and the interior front or side door; or
Where permitted, in a distribution box located on or adjacent to the premises; or
Personally with the owner, occupant and/or lessee of the premises.
Violations. Any placement of unsolicited written materials on or adjacent to a premises except as provided in Subsection C, above, shall be a violation of this section. The penalty for each violation of this section shall be $100.
Exemptions. The provisions of this section shall not apply to the following:
Deliveries by the United States Postal Service;
Deliveries by private postal or package delivery services;
Literature delivered by federal, state of local governmental agencies;
Notice of any lien, foreclosure, sale or razing of the premises, or any other kind of legally authorized notice or process.
Severability. If any provision, clause, sentence, or paragraph of this section or the application thereof to any person or circumstances shall be held invalid by a court of competent jurisdiction, that invalidation shall not affect the other provisions of this section which can be given effect without the invalid provision or application, and, to this end, the provisions of this section are declared to be severable.