A.
Destruction of property. No person shall willfully
injure or intentionally deface or destroy or unlawfully remove, take
or meddle with any property of any kind or nature within the Village
and belonging to the Village or its departments, the school district,
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 $1,000.
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.
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, 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 Village.
B.
Breaking of streetlamps or windows. No person shall
break glass in any streetlamps or windows of any building owned or
occupied by the Village.
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 Village, or upon property within
the Village owned by the school district or any private person, or
upon the surface of any body of water within the Village.
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(1) within the time specified, the Village shall arrange to have the same picked up by Village 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 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.
C.
Dumping of refuse and grass in gutters. No person
shall deposit any refuse, leaves or grass clippings in any gutter
along any public street, road, alley or highway.
D.
Handbills.
(1)
Scattering prohibited. It shall be unlawful to deliver
any handbills or advertising matter to any premises in the Village
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 matter 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
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.
No person shall store junked or discarded property,
including automobiles, automobile parts, trucks, tractors, refrigerators,
furnaces, washing machines, stoves, machinery or machinery parts,
wood, bricks, cement blocks, or other unsightly debris, which substantially
depreciates property values in the neighborhood, except upon permit
issued by the Village Board. The Chief of Police or Building Inspector
may require by written order any premises violating this section to
be put in compliance within the time specified in such order and,
if the order is not complied with, may have the premises put in compliance
and the cost thereof assessed as a special tax against the property.
A.
Intentional alteration of price. 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 F below.
B.
Intentional concealment. 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.
Probable cause detention. 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.
MERCHANT
VALUE OF MERCHANDISE
(1)
(2)
Definitions. In this section the following definitions
shall apply:
As defined in § 402.104(3), Wis. Stats., or as
hereafter amended, or any innkeeper, motelkeeper or hotelkeeper.
For property of the merchant, the value of the
property; or
For merchandise held for resale, the merchant's
stated price of the merchandise or, in the event of altering, transferring
or removing a price marking or causing a cash register or other sales
device to reflect less than the merchant's stated price, the difference
between the merchant's stated price of the merchandise and the altered
price.
E.
Defense of property. A merchant or a merchant's adult
employee is privileged to defend property as prescribed in § 939.49,
Wis. Stats.
F.
Penalty. If the value of the merchandise does not exceed $100, any person violating this section shall be subject to a penalty as provided in Chapter 1, § 1-3 of this Code. 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.[1]
[Amended 4-25-2000]
A.
Whoever issues any check or other order for 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.
B.
Any of the following is a 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 received 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 provision 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 $1,000,
together with the costs of prosecution, and in default of payment
shall be imprisoned in the county jail until such forfeiture and costs
are paid, but not to exceed 60 days.[1]
A.
ARCHIVES
LIBRARY
LIBRARY MATERIAL
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.
Any public library, library of an educational or historical
organization or society, or museum, and specifically the public libraries
of the Village.
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 documentary,
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 Chapter 1, § 1-3 this Code. The failure to return library material after its proper return date, after written notice from the library and Village Attorney, 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.
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 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.
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 peace 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 peace officer who
may conduct a lawful interrogation of the accused person. Compliance
with this section provides 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 library material.
F.
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.
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 Village.
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.
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 § 306-16 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 the Police Department from referring violations of the provisions of this chapter to the District Attorney's office in the interest of justice.