Article III Offenses Against Property

Any person 17 years of age or over who violates this section is subject to a penalty as provided in Chapter 1, Article II, of the Code, restitution to the injured party, and the costs of prosecution.

Any person 14 years of age through 16 years of age shall be subject to a forfeiture not to exceed $25 and any other applicable penalty provided by § 938.344, Wis. Stats., as that section may exist, be amended or changed.

Victim remedies. Any person or entity injured by a violation of this section by a minor child shall be advised of the rights and remedies available under § 895.035, Wis. Stats.

§ 348-23 Littering prohibited.

Littering prohibited. No person shall throw any object, glass, refuse or waste, filth or other litter upon the streets, alleys, highways, public parks or other property of the Village of Sullivan, upon property within the Village owned by the school district or upon any private property not owned by them, or upon the surface of any body of water within the Village.

Litter from conduct of commercial enterprise.

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.

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.

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(2) within the time specified, the Village shall arrange to have the same picked up by Village 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 Village Attorney's office, to collect the same. This charge shall be in addition to any forfeiture or other penalty for violation of this section.

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 Village Board or Director of Public Works to the provisions of this Code, 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.

Improper placement of recyclables. Persons shall only place recyclable objects or materials in Village-owned or operated recycling containers which are specifically designated for that type of material.

Handbills.

Scattering prohibited. It shall be unlawful to deliver any handbills or advertising material to any premises in the Village except by being handed to the recipient, placed on the porch, stoop or entrance way 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.

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.[1]

[1]

Editor's Note: Original Sec. 11-3-3 of the 2006 Code of Ordinances, Abandoned refrigerators prohibited, and Sec. 11-3-4 of the 2006 Code of Ordinances, Theft of library material, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provision, Art, III). For regulations regarding abandoned refrigerators, see now § 327-5F.

§ 348-24 Damage to public property.

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 Village of Sullivan.

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.

Damaging fire hydrants and water mains. No person shall, without the authority of Village 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.

§ 348-25 Retail theft.

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.

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.

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 law enforcement 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 law enforcement officer who may conduct a lawful interrogation of the accused person. Compliance with this subsection entitles the merchant or his/her 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.

If the value of the merchandise does not exceed $100, any person violating this section shall forfeit not more than $1,000. 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.

§ 348-26 Issuance of worthless checks.

Violations. Whoever issues any check or other order for the payment of money less than $1,000 which, at the time of issuance, he or she intends shall not be paid is guilty of a violation of this section.

Prima facie evidence. 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:

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.

Exceptions. This section does not apply to a post-dated check or to a check given in past consideration, except a payroll check.

Returned check fee. In the event a person issues a check to the Village, and does not have sufficient funds or credit such that the check is returned unpaid, such person shall pay the check or other order and shall also pay a fee of $50, representing the cost of additional administrative expense which results from nonpayment of the original obligation.

Penalties.

In addition to any other penalties provided for under Chapter 1, Article II, of the Code, a court may order a violator of this section to pay restitution to a victim. In determining the method of payment the court shall consider the financial resources and future ability of the violator to pay. The court shall provide for payment of an amount equal to the pecuniary loss caused by the offense. Upon the application of an interested party, the court shall schedule and hold an evidentiary hearing to determine the value of the victim's pecuniary loss resulting from the offense. A victim may not be compensated under this section and under § 943.245, Wis. Stats.

In this section, "pecuniary loss" means:

(a)

All special damages, but not general damages, substantiated by evidence in the record, which a person could recover against the violator in a civil action arising out of the facts or events constituting the violator's criminal activities, including, without limitation because of enumeration, the money equivalent of loss resulting from property taken, destroyed, broken or otherwise harmed and out-of-pocket losses, such as medical expenses; and

(b)

Reasonable out-of-pocket expenses incurred by the victim resulting from the filing of charges or cooperating in the investigation and prosecution of the offense.

§ 348-27 Trespass to dwelling or land.

Trespass to land. No person shall enter or remain on any land after having been notified by the owner or occupant not to remain on the premises.

Trespass to dwelling. No person shall intentionally enter the dwelling of another without the consent of some person lawfully upon the premises, under circumstances tending to create or provoke a breach of the peace.

§ 348-28 Regulation of smoking.

Purpose. This section is adopted for the purposes of:

Public health protection. Protecting the public health, general welfare and safety of the people of the Village of Sullivan;

Assistance with regulation compliance. Assisting business owners, managers and operators in complying with state law and municipal ordinance requirements; and

Clarifying/expansion of state statute. Clarifying and expanding upon Wisconsin's Smoking Ban Law enacted by 2009 Act 12 under authority creating §§ 101.123(2)(e) and 101.123(4m), Wis. Stats., as created by the Act.

Findings of fact. It is recognized that smoking of tobacco-related products is hazardous to the health of both smokers and nonsmokers who are exposed to smoking.

Scientific studies. Reliable scientific studies, including studies conducted by the Surgeon General of the United States, having shown that breathing secondhand smoke (i.e., sidestream smoke) is a significant health hazard to nonsmokers, particularly to children, the elderly, individuals with cardiovascular disease and individuals with impaired respiratory functions, including asthmatics and those individuals with obstructive airway disease.

Health hazards related to smoking. Numerous scientific studies have found that tobacco smoke is a major contributor to indoor pollution. Related health hazards induced by breathing secondhand smoke include bronchoconstriction, lung cancer, bronchospasam, respiratory infection, decreased exercise tolerance, and decreased respiratory function.

Air pollution. Smoking-caused air pollution is an offensive annoyance and irritant, and smoking results in significant and serious physical discomfort to nonsmokers.

Definitions. As used in this section, the definitions of § 101.123(1), Wis. Stats., are hereby adopted and incorporated herein by reference, except as set forth below. In this section:

ENCLOSED INDOOR AREA

All space between a floor and a ceiling that is bound by walls, doors, or windows, whether open or closed, covering more than 50% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.011 gauge screen with an 18 by 16 mesh count is not a wall for purposes of this section.

VILLAGE BUILDINGS

All Village-owned or operated buildings and those portions of buildings leased or operated by the Village of Sullivan.

Smoking prohibition. No person may smoke in any of the following:

Statutory prohibitions; adoption of statute. No person may smoke in any place prohibited by § 101.123(2), Wis. Stats. Except as expressly modified by this section, the provisions of § 101.123, Wis. Stats., are expressly adopted and incorporated herein by reference.

Enclosed indoor areas. No person may smoke in any enclosed indoor area, as defined in Subsection C above, in any place prohibited by § 101.123(3), Wis. Stats.

Village buildings/enclosed equipment. No person may smoke in any Village building or enclosed equipment owned, leased or rented by the Village of Sullivan.

(4)

School events at Village parks and grounds. No person may smoke while on any Village park or grounds while such facilities are being used for a school-related event by the public school district.

Outside areas. Any person managing or in charge of a tavern, restaurant, retail establishment or private club that is subject to this section may designate an outside area that is a reasonable distance from the entrance to said establishment where employees, customers and/or other persons associated with the establishment may smoke. The designated outside smoking area shall contain receptacles for trash and cigarette butts and shall be maintained in a neat and orderly manner. All refuse and cigarette butts shall be placed in proper receptacles.

Exceptions. The prohibitions against smoking shall not apply to those places or areas set forth in § 101.123(3), Wis. Stats.

Inspection; enforcement.

Inspection and enforcement authorities. Law enforcement officers, public health officials and Village Building Inspectors shall have the authority to enter any premises subject to this section and the smoking ban under state law to ascertain whether the premises are in compliance with the requirements of this section, and such officials shall take appropriate enforcement action pursuant to this section and § 101.123, Wis. Stats.

Penalties. The following penalties shall be applicable for violations of this section:

(a)

Any person who violates Subsection D or E of this section shall be subject to those penalties and forfeitures prescribed in Chapter 1, Article II, of this Code.

(b)

Any person in charge of premises who violates § 101.123(2m), Wis. Stats., shall be subject to those penalties prescribed in Chapter 1, Article II, of this Code, except that the forfeiture shall be $100. Prior to issuing a citation to a person in charge for a violation of this section, enforcement officials shall first issue a written warning notice; once a person in charge has been issued such a warning notice, he/she may be issued citations for subsequent violations of this section.

(c)

In addition to applicable forfeitures, any person who violates the provisions of this section shall pay the costs of prosecution, except for the drug enforcement and crime laboratories surcharge under § 165.755(1)(a), Wis. Stats. Each day of violation shall constitute a separate offense.

Interpretation. Whenever the provisions of the Wisconsin Statutes and this section conflict, the provisions of this section shall apply.

§ 348-29 Theft prohibited.

Acts. Whoever does any of the following may be penalized as provided in Chapter 1, Article II, of this Code:

Intentionally takes and carries away, uses, transfers, conceals or retains possession of movable property of another without his/her consent and with intent to deprive the owner permanently of possession of such property.

By virtue of his/her office, business or employment, or as trustee or bailee, having possession or custody of money or of a negotiable security, instrument, paper or other negotiable writing of another, intentionally uses, transfers, conceals or retains possession of such money, security, instrument, paper or writing without the owner's consent, contrary to his/her authority, and with intent to convert to his/her own use or to the use of any other person except the owner. A refusal to deliver any money or a negotiable security, instrument, paper or other negotiable writing, which is in his/her possession or custody by virtue of his/her office, business or employment, or as trustee or bailee, upon demand of the person entitled to receive it, or as required by law, is prima facie evidence of an intent to convert to his/her own use within the meaning of this subsection.

§ 348-30 Fraud on residential landlords prohibited.

Having a legal interest in movable property, intentionally and without consent, take such property out of the possession of the pledgee or such other person having a superior right of possession with intent thereby to deprive the pledgee or other person permanently of the possession of such property.

(4)

Obtains title to property of another by intentionally deceiving him/her with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. "False representation" includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme.

(5)

Intentionally fails to return any personal property which is in his/her possession or under his/her control by virtue of a written lease or written rental agreement, within 10 days after the lease or rental agreement has expired.

Definitions. The following definitions shall be applicable in this section:

MOVABLE PROPERTY

Property whose physical location can be changed, without limitation, including electricity and gas, documents which represent or embody intangible rights, and things growing on or affixed to or found in land.

PROPERTY

All forms of tangible property, whether real or personal, without limitation including electricity, gas and documents which represent or embody a choice in action or other intangible rights.

PROPERTY OF ANOTHER

Includes property in which the actor is a co-owner and property of a partnership of which the actor is a member unless the actor and the victim are husband and wife.

VALUE

The market value at the time of the theft or the cost to the victim of replacing the property within the reasonable time after the theft, whichever is less, if the property stolen is a document evidencing a choice in action or other intangible right; value means either the market value of the chose in action or other right or the intrinsic value of the document, whichever is greater. If the thief gave consideration for or had a legal interest in the stolen property, the amount of such consideration or value of such interest shall be deducted from the total value of the property.

Prohibited acts. Any person who, with intent to defraud, does any of the following shall be guilty of violating this section:

Intentionally absconds without paying rent that has been contractually agreed upon in an oral or written lease with a landlord. Prima facie evidence of intentionally absconding will be established if a tenant fails to pay rent due prior to the vacating of the rental premise by the tenant, and the nonpayment of said rent continues for a period of five days after vacation of the premise; or

Issues any check, money order or any other form of bank or monetary draft as a payment of rent, where such document lacks sufficient funds, where the account is closed, or where such draft is unredeemable in any other form or fashion. Prima facie evidence of intention to defraud will be established if a tenant fails, within five days of a written demand by the landlord or agent, to pay in full the total amount of the draft presented as rent payment plus any bank charges to the landlord attributable to the unredeemability of the draft.

Applicability. This section shall apply to rental agreements between residential landlords and tenants only. The words and terms used in this section shall be defined and construed in conformity with the provisions of Chapter ATCP 134, Wis. Adm. Code, Chapter 704, Wis. Stats., and § 990.001(1), Wis. Stats. The act of service by a landlord of a legal eviction notice or notice to terminate tenancy shall not, in itself, act as a bar to prosecution under this section.

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

Procedure. An officer may issue a citation only when the complainant provides the following:

The name and current address of the tenant, a copy of the subject lease agreement, or sworn testimony of the terms of the subject oral lease.

The amount of rent due, the date it was due, the date the tenant actually vacated the premise, and testimony that the rent remained unpaid for not less than five days after vacating and that the tenant did not notify or attempt to notify the complainant of the tenant's new address, or that the tenant knowingly gave the complainant a false address.

As to an unredeemable payment, the document used for attempting rent payment, the written demand for payment of the full amount plus bank charges, proof that the tenant received the written demand, and testimony that at least five days have elapsed since the demand was received and no payment has been made.

§ 348-31 Graffiti.

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

GRAFFITI

Any drawing, figure, inscription, symbol, or other marking which is scratched, painted, drawn in pen or marker, or placed by some other permanent or semipermanent means upon sidewalks, streets, public or private structures or any other place in public view without the express permission or consent of the property owner.

Public nuisance. Graffiti is hereby declared to be a public nuisance, as defined under Chapter 327, 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 may indicate the presence of gang activity or encourage gang activity and rivalry. 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.

Prohibitions. No person shall write, spray, scratch or otherwise affix graffiti upon any property whether private or public without the 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 or 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.

Removal by property owner.

Every owner of a structure or property defaced by graffiti shall cover or remove the graffiti within 15 days in compliance with written notice by certified letter from the Village to remove or cover such graffiti.

In the event any owner fails to comply with the above-mentioned notice, the Village may have the graffiti covered or removed, and, in such event, all costs, fees and expenses will be assessed to said owners real estate taxes pursuant to § 66.0627 Wis. Stats.

§ 348-32 Cemetery regulations.

Purpose and definition. In order to protect cemetery areas within the Village from injury, damage or desecration, these regulations are enacted. The term "cemetery" as hereinafter used in this section shall include all cemetery property, grounds, equipment and structures, both privately and publicly owned, which are located within the Village of Sullivan.

Authority to establish rules and regulations. The cemetery property owner shall have the authority to establish reasonable rules and regulations to regulate and govern the operation of any cemetery in accordance with state law and this Code. The cemetery property owner shall reserve the right to prohibit and regulate the planting or placement of any flowers, plants, vines, shrubs, trees, flower pots, urns or other objects on cemetery property. Placements of any such plantings, containers or objects shall be in accordance with established regulations of the cemetery property owner.

Specific regulations.

Disturbing cemetery property. No person shall cut, remove, damage or carry away any flowers, plants, vines, shrubs or trees from any cemetery lot or property except the owner of the cemetery lot or a person with the cemetery lot owner's consent or any cemetery employee or representative engaged in official cemetery duties for the cemetery owner; nor shall any person without proper authority remove, deface, mark or damage in any manner any cemetery markers, headstones, monuments, fences or structures; nor shall any person without proper authority remove, damage or destroy any vases, flower pots, urns or other objects which have been placed on any cemetery lot; nor shall any person move or remove any cemetery equipment without the owner's consent.

Protection of cemetery property. No person shall trap in any cemetery without specific written authorization of the owner; nor shall any person kill, injure or disturb or attempt to injure or disturb, any animals, birds or waterfowl, wild or domestic within any cemetery in any matter except as provided by this Code; nor shall any person climb any tree, break, cut down, trample upon, remove or in any manner injure, deface, write upon or in any manner damage any tree, shrub, flower, flower bed, turf, grassy area, soil, building, structure, equipment, official notice, sign or other property within any cemetery. No picnic, parties, or similar gatherings are permitted.