A.
Destruction of property. 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 Town
and belonging to the Town or its departments or to any private person,
without the consent of the owner or proper authority.
B.
Parental liability. Pursuant to § 895.035,
Wis. Stats., the parents of an unemancipated minor shall be liable
for the damage to property caused by the willful, malicious or wanton
act of such child; such liability shall not exceed $2,500.
C.
Unlawful removal of property. It shall be unlawful
for any person to take and carry away the property of another without
the owner's consent with the intention to do so.
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 Town, or upon the property of
any private person, or upon the surface of any body of water within
the Town.
B.
Litter from conduct of commercial enterprise.
(1)
Scope. The provisions of this Subsection B 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(2) within the time specified, the Town shall arrange to have the same picked up by Town crews or by private enterprise. Applicable bidding procedures shall be used for any arrangement for the use of private enterprise to pick up such litter. 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 Town 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.
Dumping of refuse and grass. No person shall deposit
any refuse, leaves or grass clippings in any public street, road,
roadside ditch, drainage ditch or highway.
D.
Handbills.
(1)
Scattering prohibited. It shall be unlawful to deliver
any handbills or advertising material to any premises in the Town
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.
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
icebox, 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 icebox, 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.
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.
Penalty. f 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;
(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 postdated 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 and less than $500,
together with the costs of prosecution, and in default of payment
shall be imprisoned in the county jail until the forfeiture and costs
are paid, but not to exceed 60 days.
A.
No person shall, without lawful authority, open, remove
or damage any coin machine, coin telephone or other vending machine
dispensing goods or services, or a 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 limits of
the Town.
B.
In this section, "coin machine" means any device or
receptacle designed to receive money or anything of value. The term
includes a depository box, parking meter, vending machine, pay telephone,
money-changing machine, coin-operated phonograph and amusement machine
if they are designed to receive money or other thing of value.
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, flowerbed, 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 Town. No person shall break glass
in any streetlamps or windows of any building owned or occupied by
the Town.
No person except the owner of the cemetery lot
or a cemetery employee shall cut, remove, injure or carry away flowers,
trees, plants or vines from any cemetery lot or property, nor shall
any person deface, injure or mark upon any cemetery markers, headstones,
monuments, fences or structures, nor shall any person other than the
owner injure, carry away or destroy any vases, flowerpots, urns, or
other objects which have been placed on any cemetery lot.
A.
No person shall engage in the following conduct:
(1)
Enter any enclosed or cultivated land of another with
intent to catch or kill any birds, animals or fish on the land or
gather any products of the soil without express consent of the owner
or occupant to engage in any of those activities.
(2)
Enter or remain on any land of another after having
been notified by the owner or occupant not to enter or remain on the
premises.
(3)
Hunt, shoot, fish or gather any products of the soil
of the premises of another or enter said premises with intent to do
any of the foregoing after having been notified by the owner or occupant
not to do so.
(4)
Enter any enclosed or cultivated land of another with
a vehicle of any kind without express consent of the owner or occupant.
(5)
Hunt or shoot on the premises of another, or enter
said premises with the intent to do any of the foregoing, without
having in his possession a Town of Cedarburg discharge of firearm
permit form or facsimile form, completely and properly filled out
and signed by the owner or occupant.
B.
A person has received notice from the owner or occupant
within the meaning of this section if he has been notified personally,
either orally or in writing, or if the land is posted. For land to
be posted, a sign at least 11 inches square must be placed in at least
two conspicuous places for every 40 acres to be protected. The sign
must carry an appropriate notice and the name of the person giving
notice followed by the word "owner" if the person giving the notice
is the holder of legal title to the land and by the word "occupant"
if the person giving notice is not the holder of legal title but is
a lawful occupant of the land. Proof that appropriate signs as herein
provided were erected or in existence upon the premises to be protected
within six months prior to the event complained of shall be prima
facie proof that the premises to be protected was posted as herein
provided.
C.
The restrictions and regulations stated under Subsection A(3) and (5) hereinabove do not apply to persons who are hunting, fishing, hiking, sight-seeing and cross-country skiing on private lands which are designated open to public access under Wisconsin Forest Tax Law programs.
[Added 9-4-2013 by Ord. No. 2013-12]
In addition to the general penalty of this Code in Chapter 1, § 1-3 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 § 237-15 may also be held liable for the cost of replacing or repairing such damaged or destroyed property in accordance with the Wisconsin Statutes. Nothing in this Code shall prevent law enforcement officers from referring violations of the provisions of this chapter to the District Attorney's office in the interest of justice.
