A. 
Destruction of property. No person shall willfully injure or intentionally deface, destroy or unlawfully remove or interfere with any property belonging to the City of Colby, Colby School District or to any private person without the consent of the owner or proper authority, nor shall any person or organization place or permit to be placed any sign, poster, advertisement, notice or other writing upon any utility ornamental light pole belonging to the City without the consent of the proper authority. Any signs, posters, advertisements, notices or other writings so placed shall be removed by law enforcement authorities and the placing person or organization cited for violation of this section.
B. 
Parental liability. Pursuant to § 895.035, Wis. Stats., the parents of an unemancipated minor shall be liable for the damage of property caused by the willful, malicious or wanton act of such child. Such liability shall not exceed $5,000, except as otherwise provided in § 895.035, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Theft of property. No person shall intentionally take and carry away, use, transfer, conceal or retain possession of movable property of another without that other person's consent and with intent to deprive the owner permanently of possession of such property.
A. 
Littering prohibited. No person shall throw any glass, refuse or waste, filth or other litter upon the streets, alleys, highways, public parks or other property of the City of Colby, or upon property within the City owned by the school district or any private person or upon the surface of any body of water within the City.
B. 
Litter from conduct of commercial enterprise.
(1) 
Scope. The provisions of this subsection shall apply to all sales, promotions and other commercial ventures that result in litter being deposited on any street, alley or other public way.
(2) 
Litter to be cleaned up. Any person, firm, corporation or association carrying on an enterprise that results in litter being deposited on any street, alley or other public way shall clean up the same within 12 hours of the time the same is deposited. If any such litter is subject to being blown about, it shall be picked up immediately. If any such litter is likely to attract animals or vermin, such litter shall be picked up immediately.
(3) 
Litter picked up at litterer's expense. If any person, firm, corporation or association fails to pick up any litter as required by Subsection B(1) within the time specified, the City shall arrange to have the same picked up by City crews or by private enterprise. The entire expense of picking up such litter, together with an additional charge of 20% for administrative expenses, shall be charged to the person, firm, corporation or association that did the littering. If such sum is not promptly paid, steps shall be taken, with the advice of the City Attorney's office, to collect the same. This charge shall be in addition to any forfeiture or other penalty for violation of this section.
C. 
Depositing of materials prohibited. It shall be unlawful for any person to deposit, cause or permit to be deposited, placed or parked any vegetation, grass, leaves, foliage, earth, sand, gravel, water, snow, ice, debris, waste material, foreign substance, construction materials, equipment or object upon any street, sidewalk or public property without authorization of the Common Council or Director of Public Works pursuant to the provisions of this Code of Ordinances, or upon any private property without the consent of the owner or lessee of the property. Any person who deposits, causes or permits to be deposited, placed or parked any such materials, equipment or objects upon any street, sidewalk or property shall be responsible to properly mark or barricade the area so as to prevent a safety hazard.
D. 
Handbills.
(1) 
Scattering prohibited. It shall be unlawful to deliver any handbills or advertising material to any premises in the City except by being handed to the recipient, placed on the porch, stoop or entranceway of the building or firmly affixed to a building so as to prevent any such articles from being blown about, becoming scattered or in any way causing litter.
(2) 
Papers in public places prohibited. It shall be unlawful to leave any handbills, advertising material or newspapers unattended in any street, alley, public building or other public place, provided that this shall not prohibit the sale of newspapers in vending machines.
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 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 or 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 agent and is securely locked or fastened.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ARCHIVES
A place in which public or institutional records are systematically preserved.
LIBRARY
Any public library, library of an educational or historical organization or society or museum, and specifically the public libraries within the City of Colby and school libraries.
LIBRARY MATERIAL
Includes any book, plate, 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 or other tapes, artifacts or other documents, written or printed materials, regardless of physical form or characteristics, belonging to, on loan to or otherwise in the custody of a library.
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 a forfeiture as provided by the general penalty provisions of this Code.[1] The failure to return library material after its proper return date, after written notice from the library, shall be deemed to be theft. Notice shall be considered given when written notice is mailed to the last-known address of the person with the overdue material; the notice date shall be the date of mailing.
[1]
Editor's Note: See Ch. 1, Art. I, § 1-3, General penalty.
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 upon 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 or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a law enforcement 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 or her will before the arrival of a law enforcement officer, who may conduct a lawful interrogation of the accused person. Compliance with this section entitles the official, agent or employee effecting 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 book, periodical, pamphlet, picture or other article or property belonging to or in charge of the library. Any person convicted of violating this subsection shall be subject to the penalties as set forth in § 1-3, General penalty.
F. 
Return demanded. If any person, having borrowed material from the Colby Community Library for a fixed period of time, fails to return the book or material as required by the rules of the Colby Community Library, the cost of the materials must be paid before such person is entitled to use the services of the Colby Community Library again. If the material remains overdrawn for more than 30 days, it shall be considered a violation of this section and any person convicted of a violation thereof shall forfeit not less than $20 nor more than $75 and the costs of prosecution and shall not be entitled to use the material from the Colby Community Library until such forfeiture has been paid.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Damaging public property. No person shall climb any tree or pluck any flowers or fruit, wild or cultivated, or break, cut down, trample upon, remove or in any manner injure or deface, write upon, defile or ill use any tree, shrub, flower, flower bed, turf, fountain, ornament, statue, building, fence, apparatus, bench, table, official notice, sign, bridge, structure or other property within any park or parkway, or in any way injure, damage or deface any public building, sidewalk or other public property in the City of Colby.
B. 
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 City.
C. 
Damaging fire hydrants and water mains. No person shall, without the authority of City authorities, operate any valve connected with the street or water supply mains, or open any fire hydrant connected with the water distribution system, except for the purpose of extinguishing a fire. No person shall injure or impair the use of any water main or fire hydrant.
A. 
Whoever intentionally alters indicia 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 presence may detain such person in a reasonable manner for a reasonable length of time to deliver him to a peace officer, or to his 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 shall not be interrogated or searched against his 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 employee effecting 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. 
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 District Attorney for criminal prosecution.
A. 
Whoever issues any check or other order for the payment of money less than $500 which, at the time of issuance, he or she intends shall not be paid is guilty of a violation of this section.
B. 
Any of the following is prima facie evidence that the person, at the time he or 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; or
(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 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. 
This section does not apply to a post-dated check or to a check given in past consideration, except a payroll check.[1]
[1]
Editor's Note: Original § 11-3-8, Trespass to dwelling or land, of the 1995 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Finding of facts; statement of purpose; definitions.
(1) 
The findings of fact and statement of purpose set forth in Chapter 301, Juveniles, § 301-8A, are incorporated herein by reference and made a part of this section as if fully set forth herein.
(2) 
The definitions set forth in § 301-8B are incorporated herein by reference and made a part of this section as if fully set forth herein.
B. 
Statutory requirements adopted. The provisions of § 301.123, Wis. Stats., relating to the regulation of smoking and clean indoor air, except the provisions therein relating to penalties to be imposed, are hereby adopted by reference and made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by any statute incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions or modifications of the statutes incorporated herein are intended to be made a part of this section.
C. 
Smoking prohibited within or upon all buildings and equipment owned, leased or rented by the City. In recognition of the need to protect the health and safety of the public and City employees from the detrimental effects of smoking, pursuant to the authority granted to the City of Colby by § 101.123(2)(c), Wis. Stats., smoking as defined by § 101.123(1)(h), Wis. Stats., is prohibited by any person within or upon all buildings and enclosed equipment owned, leased or rented by the City of Colby, except in designated areas.
D. 
Vaping prohibited within or upon all buildings and equipment owned, leased or rented by the City. In recognition of the need to protect the health and safety of the public and City employees from the detrimental effects of vaping and to maintain consistency with no-smoking regulations, the use of a vapor device is prohibited by any person within or upon all buildings and enclosed equipment owned, leased or rented by the City of Colby, except in designated areas. Furthermore, it shall be unlawful for any person to use a vapor device or product on any school grounds or building.
E. 
State statutes adopted. The provisions of § 120.12(20), Wis. Stats., regulating smoking on school premises are adopted by reference and made part of this section as though set forth in full.[1]
[1]
Editor's Note: Original § 11-3-10, Theft, of the 1995 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Purpose. The use of videocassette recorders/tapes and DVD recorded medium has become widespread by the citizens of the City of Colby, and the improper retention or possession thereof by renters of such items has caused substantial losses to those engaged in the business of renting such items. Prosecution for theft for failure to return such rented material as a state criminal offense is inconvenient and not cost-effective for law enforcement officers and prosecutors, as well as for those individuals engaged in the business of renting such items. Therefore, the Common Council believes it is in the public interest to adopt a City ordinance governing the failure to return a videocassette or DVD player, a videotape or DVD, any type of recorded electronic medium or game, or a combination thereof, to the business or individual renting such material to the renter.
B. 
Nature of the offense. Whoever does any of the following may be penalized as hereinafter set forth:
(1) 
Takes and carries away, uses, transfers, conceals or retains possession of moveable property of another, thus depriving the owner permanently or for periods of time after the rental period has expired of possession of such property.
(2) 
Fails to return any personal property which is in his/her possession or under his/her control by virtue of a written or oral lease or written or oral rental agreement within 10 days after the written or oral lease or written or oral agreement has expired.
C. 
Penalty. In addition to the penalties prescribed in § 1-3, General penalty, a Circuit Court shall require reimbursement to the lessor for the normal rental charges during the time that the videocassette recorder or tape, DVD or DVD player, or other rental electronic medium or game, or a combination thereof, is in the possession or under the control of the renter.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
GRAFFITI
Any unauthorized word, drawing, figure, inscription, painting, symbol or other defacement marking which is written, scratched, etched, painted, drawn in pen or marker or placed by some other permanent or semi-permanent means upon sidewalks, streets, bridges, public or private structures or any other place in public view without the express prior permission or consent of the property owner, or, despite advance authorization, is otherwise deemed a public nuisance by the City of Colby.
GRAFFITI INSTRUMENT
An aerosol paint container, paint stick or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a visible mark on any natural or man-made surface.
B. 
Graffiti a public nuisance.
(1) 
Public nuisance graffiti. Graffiti on public or private property is expressly declared to be a public nuisance, as defined under Chapter 334, Article I, Public Nuisances, of this Code, affecting peace and safety. Graffiti is deemed to be a public nuisance not only because it offends the aesthetic sensibilities of the community but because it is anti-social behavior and vandalism that may indicate the presence of gang activity or encourage gang activity and rivalry.
(2) 
Duty to remove. Pursuant to this section, it shall be the duty of every owner, lessee or occupant to promptly remove or obliterate graffiti on any building, fence, structure, parking lot or walkway over which the owner, occupant or lessee has control.
(3) 
Applicability. This section applies to all nonresidential and residential buildings, structures, yards or vacant areas of the property, as well as moveable objects located thereupon, in the City of Colby.
C. 
Graffiti prohibited. No person shall write, spray, scratch or otherwise affix graffiti upon any property, whether private or public, without the prior express consent of the owner or owners of said property. Any person who shall affix graffiti to any property without the consent of the owner 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 affixed graffiti shall be held liable for the cost of removing or covering said graffiti in accordance with § 895.035, Wis. Stats.
D. 
Removal by property owner.
(1) 
Removal responsibility. Every owner of a structure or property defaced by graffiti shall cover or remove the graffiti within 30 days in compliance with written notice by certified letter from the City to remove or cover such graffiti.
(2) 
Responsibility for removal costs. In the event any owner fails to comply with the above-mentioned notice, the City may have the graffiti covered or removed, and in such event, all costs, fees and expenses will be assessed as a special charge to said owner's real estate taxes pursuant to § 66.0627, Wis. Stats. Prosecution for failure to remove graffiti under this section shall not bar the City from charging owners for graffiti removal, nor shall charging owners for graffiti removal bar prosecution.
E. 
Possession of graffiti instruments.
(1) 
By minors at or near school facilities. It shall be unlawful for any person under the age of 18 to possess any graffiti instrument while on any public or private school property, grounds, facilities, buildings or structures, or in areas immediately adjacent to those specific locations upon public property or upon private property without the prior written consent of the owner or occupant of such private property.
(2) 
In designated public places. It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, park, playground, swimming pool, recreational facility or other public building or structure owned or operated by the City, or its entities, or while in or within 50 feet of an underpass, bridge abutment, storm drain or similar types of infrastructure, unless otherwise authorized by the City of Colby.