No person shall 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 Westfield School District or any private person, without the consent of the owner or proper authority.
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.
No person shall have or permit on any premises owned or occupied by him open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fenced in such manner to prevent injury to any person, and any cover shall be of a design, size and weight that the same cannot be removed by small children.
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 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 and 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. 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 Marquette County District Attorney for criminal prosecution.
[Amended 5-8-2007 by Ord. No. 10:07]
[Amended 2-12-2008 by Ord. No. 01:08]
No person shall store junk 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 in an enclosure which houses such property from the public view, or upon permit issued by the Village Board. Whenever the Police Department shall find any junked or discarded property upon any premises in the Village of Westfield, it shall notify the owner and tenant of said property on which said junked or discarded property is stored of the violation of this section. If said junked or discarded property is not removed within the seven-day period, the Police Department shall cause to be issued a citation to the property owner and tenant of the property upon which the junked or discarded property is located. If the junked or discarded property is not removed within 20 days of the issuance of the citation, the Police Department may have the premises put in compliance and the cost thereof assessed as a special tax against the property.
[1]
Editor's Note: See also Ch. 476, Vehicles, Abandoned and Junked.
A. 
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
The Ethel Everhard Public Library.
LIBRARY MATERIAL
Includes any book, plate, picture, photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microfilm, 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 of this Code.
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 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 library material.
F. 
Return of material. No person shall fail on demand to return any library material when such demand has been made in accordance with the rules and regulations made and adopted by the library.
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 of Westfield.
A. 
Damaging of drinking fountains. All persons are hereby prohibited from breaking or otherwise injuring any bubbler, drinking fountain or any drinking bubbler, or in any way injuring, soiling, tampering with or defacing any such bubbler or drinking fountain, or placing dirt, leaves, refuse or any matter of any sort in or upon any such bubbler, drinking fountain or drinking bubbler, in any public park, street or ground, or any public building, schoolhouse, hall, museum, or library, in the Village of Westfield.
B. 
Damaging of public property. All persons are hereby prohibited from breaking or otherwise injuring any tree, shrub or plant, breaking, soiling or defacing any fountain, statue or other ornamental structure or in any way injuring, soiling, damaging or defacing any public building or public property in any public park, square, sidewalk or ground in the Village of Westfield, whether the same shall be owned or held in trust for the use of any district of said Village.
C. 
Breaking of streetlamps or windows. No person shall break glass in any streetlamps or windows of any building owned or occupied by the Village of Westfield.
No person within the limits of the Village of Westfield shall intentionally cause damage to any physical property of another without his or her consent.[1]
[1]
Editor's Note: Original § 9-3-11, Aboveground storage tanks, which immediately followed this section, has been moved and included in Ch. 443, Storage Tanks.
The penalty for violation of this article shall be in accordance with the general penalty in § 1-3 of this Code.