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, General Provisions, § 1-5, restitution to the injured party, and the costs of prosecution.

Any person 12 years of age to 16 years of age shall be subject to a forfeiture not to exceed $25 and any other applicable penalty provided by § 938.343, Wis. Stats., as that section may exist or be amended or changed.

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

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.

§ 224-21 Littering.

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 of New Glarus, State of Wisconsin, Green County, 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.

Litter from conduct of commercial enterprise.

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.

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 or 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 pursuant 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 or 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.

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 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.

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.

§ 224-22 (Reserved) [1]

[1]

Editor's Note: Former § 224-22 of the 2003 Code, Abandoned refrigerators, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II); see now § 216-5M.

§ 224-23 Theft of library material.

Definitions. For the purposes of this section, certain words and terms are defined as follows:

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 Village of New Glarus 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.

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 Chapter 1, General Provisions, § 1-5 of 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.

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.

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 law enforcement officer making an arrest in the line of duty.

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 § 1-5.

Return demanded. No person shall fail, on demand, to return any book, periodical, pamphlet, picture or other articles or property belonging to or in charge of the New Glarus Public Library according to the rules or regulations duly made and adopted by the Library Board, and no person shall remove from the library any book, periodical, pamphlet, picture or other articles or property without first having it charged as provided by such rules and regulations. Any person convicted of violating any provision of this subsection shall be subject to the penalties as set forth in § 1-5.

§ 224-24 (Reserved) [1]

[1]

Editor's Note: Former § 224-24, Cemetery regulations, as amended, was repealed 2-4-2026 by Ord. No. 26-02.

§ 224-25 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 New Glarus.

Breaking of streetlamps or windows. No person shall break glass in any streetlamps 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.

§ 224-26 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 effecting the detention to the same defense in any action as is available to a law enforcement officer making an arrest in the line of duty.

If the value of the merchandise does not exceed $2,500, any person violating this section shall forfeit not more than $2,000. If the value of the merchandise exceeds $2,500, the matter may be referred to the District Attorney for criminal prosecution.

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

§ 224-27 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;

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 postdated 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 as set by the Village Board, representing the cost of additional administrative expense which results from nonpayment of the original obligation.

Penalties. Persons found in violation of this section shall be subject to the following forfeitures:

If the amount of the check is less than $150, the person shall forfeit not less than $200.

If the amount of the check is $150 but less than $500, the person shall forfeit not less than $300.

§ 224-29 Smoking prohibited; clean indoor air.

If the amount of the check is $500 but less than $1,000, the person shall forfeit not less than $500.

§ 224-28 Trespassing.

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.

[Amended 10-19-2010 by Ord. No. 10-08]

Intent. The Village Board of the Village of New Glarus declares that the intent of this section is:

It is in the interest of the health, safety and welfare of the community to adopt by reference § 101.123, Wis. Stats., known as the Clean Indoor Air Act, and subsequent amendments, additions and codification.

It is the intent of the Village Board that where there may be a conflict between § 101.123, Wis. Stats., and § 224-29 that the section most restrictive of smoking and tobacco use shall apply.

To educate citizens affected by this section and to assist owners, operators and managers of affected facilities in maintaining compliance.

Definitions. For the purposes of this section, the following terms have the meaning indicated:

ADULT DAY-CARE FACILITY

Any facility as defined in § 49.45(47) (a), Wis. Stats.

ASSISTED LIVING FACILITY

A community-based residential facility, as defined in § 50.01(1g), Wis. Stats., a residential care apartment complex, as defined in § 50.01(6d), Wis. Stats., or an adult family home, as defined in § 50.01(1)(b), Wis. Stats.

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

CHILD-CARE FACILITY

Any facility as defined in § 49.136(1) (ad), Wis. Stats.

EDUCATIONAL FACILITIES

Any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that is approved or licensed by a governmental entity or national educational accreditation organization.

EMPLOYER

A person, business, partnership, association, corporation, trust, nonprofit entity or other public or private entity that employs one or more persons.

ENCLOSED AREA

All space between a floor and a ceiling that is bounded 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 to mesh count is not a wall.

HEALTH-CARE FACILITY

An office, institution and in general any location at which medicine is practiced regularly. Medical facilities range from small clinics and doctor's offices to urgent care centers and hospitals with emergency rooms and trauma centers

OFFICE

Any area that serves as a place of work at which the principal activities consist of professional, clerical or administrative services.

PLACE OF EMPLOYMENT

An area as defined in § 101.01(11), Wis. Stats., including but not limited to work areas, employee lounges, rest rooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, stairs, elevators, medical facilities, and auditoriums. "Place of employment" does not include a private residence unless it is used as a child-care facility, adult-care facility, health-care facility or home-based business of any kind open to the public. "Place of employment" does not include any of the areas described in Subsection D of this section.

PUBLIC PLACE

Any place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited, including but not limited to, the public places listed in Subsection C of this section. A private residence is not a "public place" unless it is used as a child-care, adult-care, health-care facility or home-based business of any kind open to the public. "Public place" does not include the areas described in Subsection D of this section.

RESTAURANT

An establishment as defined in § 97.01(14g), Wis. Stats.

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

RETAIL ESTABLISHMENT

Any store or shop in which retail sales is the principal business conducted.

RETAIL TOBACCO STORE

A retail establishment that does not have a "Class B" intoxicating liquor license or a Class "B" fermented malt beverages license and that generates 75% or more of its gross annual income from the retail sale of tobacco products and accessories.

SCREEN

A window or door insertion of framed wire or plastic mesh used to keep out insects and permit air flow.

SHOPPING MALL

An enclosed public walkway or hall area that connects retail, service or professional establishments.

SMOKING

Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette or other lighted tobacco product in any manner or in any form.

SMOKING PARAPHERNALIA

Ashtrays or similar containers intended for the deposit of tobacco ash, cigarettes, cigars or other tobacco products.

TAVERN

An establishment, other than a restaurant, that holds a "Class B" intoxicating liquor license or a Class "B" fermented malt beverage license.

Smoking prohibited.

Smoking shall be prohibited in all enclosed areas of public places and places of employment within the Village of New Glarus, including, but not limited to, the following places:

(a)

Adult day-care facilities.

(b)

Aquariums, galleries, libraries, and museums.

(c)

Areas in buildings occupied by businesses and nonprofit entities where the general public and employees are invited or permitted, such as offices, banks and laundromats.

(d)

Bars, taverns, nightclubs, and cocktail lounges.

(e)

Child-care facilities.

(f)

Village-owned or -occupied buildings.

(g)

Village-owned or -leased vehicles.

(h)

Convention facilities.

(i)

Educational facilities, including all premises owned, rented by or under the control of a school board.

(j)

Elevators.

(k)

Facilities primarily used for exhibiting a motion picture, stage drama, lecture, musical recital, or other similar performance, except performances when smoking is part of a stage production and so noticed in the program.

(l)

Health-care facilities, including waiting rooms, hallways, and rooms in offices of any physician, dentist, psychologist, chiropractor, optometrist, optician, or other medical service provider.

(m)

Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.

(n)

Meeting and conference rooms in which people gather for educational, business, professional, union, governmental, recreational, political, or social purposes.

(o)

Polling places.

(p)

Public and private meeting facilities.

(q)

Restaurants and retail food production and marketing establishments.

(r)

Rest rooms, lobbies, reception areas, hallways, and other common areas which are used by or open to the public or employees.

(s)

Retail establishments.

(t)

Shopping malls.

(u)

Public transportation facilities, including taxicabs and motor buses.

Smoking shall be prohibited in concession areas of restaurants, service lines, outdoor areas where food and/or beverages are served or consumed, outdoor seating structures such as stadiums, bleachers, or outdoor auditoriums for spectators at sports event, outdoor theaters, amphitheaters, arenas or similar areas used by spectators at other public events.

Exceptions.

Notwithstanding any other provision of this section to the contrary, the following areas shall be exempt from the provisions of Subsection C.

(a)

Private residences, except when a residence is in use as a licensed child-care facility, adult day-care facility, health-care facility or home-based business of any kind open to the public.

(b)

A room used by only one person in an assisted living facility as his or her residence.

(c)

A room in an assisted living facility in which two or more persons reside if every person who lives in that room smokes and each of those persons has made a written request to the person in charge of the assisted living facility to be placed in a room where smoking is allowed.

(d)

A retail tobacco store that is in existence on June 3, 2009, and in which only the smoking of cigars and pipes is allowed.

Pursuant to § 101.123(4m), Wis. Stats., nothing in this section shall prohibit a person in charge of a restaurant, tavern, private club, or retail establishment from designating an outside area that is a reasonable distance from any entrance to the restaurant, tavern, private club or retail establishment where customers, employees, or persons associated with the restaurant, tavern, private club or retail establishment may smoke.

Declaration of nonsmoking.

Notwithstanding any other provision of this section, an owner, operator, manager, or other person in control of premises other than places of employment or public places may declare the entire premises, including outdoor areas, smoke-free.

If a declaration of nonsmoking is made under this subsection, it shall be unlawful to smoke in any place so designated if a sign or signs conforming to the requirements of Subsection F have been posted.

Signs.

The owner, proprietor, manager or other person having control of a place where smoking is prohibited under this section shall post, in a conspicuous place at every building entrance, a sign in conformity with § 101.123(6), Wis. Stats., indicating that smoking is prohibited.

Signs posted in accordance with this section shall be posted in such a manner that the public has reasonable notice of the prohibition of smoking and must be posted at any time the establishment is open for business.

It shall be unlawful for an owner, proprietor, manager or other person having control of an establishment to fail to comply with the signage requirements of this subsection.

(4)

It shall be unlawful for any person to remove, deface or destroy any sign required by this subsection, or to smoke in any place where any such sign is posted.

Enforcement.

Any owner, manager, operator or employee of an establishment regulated by this section shall inform persons violating this section of that fact and shall ask any person who smokes in areas where smoking is prohibited to refrain from smoking. If the person does not refrain from smoking after being requested to do so, the owner, manager, operator or employee shall ask the person to leave the premises. If the person continues to smoke and refuses to leave, the owner, manager, operator or employee of the establishment shall notify the Police Department of the person's refusal to leave or stop smoking.

The owner, operator, manager or other person having control of any establishment regulated by this section shall remove all ashtrays and other smoking paraphernalia from any area where smoking is prohibited by this section.

The Police Department shall verify compliance with this section.

Violations and penalties.

A person who smokes in an area where smoking is prohibited by this section shall, upon conviction for the violation, be subject to a penalty as provided in § 1-5 of this Municipal Code in addition to those provided by § 101.123, Wis. Stats.

A person who owns, manages, operates, or otherwise controls a public place or place of private employment and who fails to comply with the provisions of this section shall, upon conviction of the violation, be subject to a penalty as provided in § 1-5 of this Municipal Code.

Each day on which a violation of this section occurs shall be considered a separate and distinct violation.

Other applicable laws. This section shall not be construed to permit smoking where it is otherwise restricted by other applicable laws but shall be liberally construed so as to further the intent and purposes of this section.

§ 224-30 Theft.

Acts. Whoever does any of the following may be penalized as provided in Chapter 1, General Provisions, § 1-5 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, where the value of the property does not exceed $500.

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.

§ 224-31 Fraud on residential landlords.

Having a legal interest in movable property, intentionally and without consent takes 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 chose 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 chose 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 premises by the tenant and the nonpayment of said rent continues for a period of five days after vacation of the premises; 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 Ch. ATCP 134, Wis. Adm. Code, Ch. 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. II)]

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 premises, 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.

§ 224-32 Graffiti.

Definitions.

GRAFFITI

Is 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 216, Nuisances, of this Code, affecting peace and safety.

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 served upon him by the Police Department to remove or cover such graffiti.