[Adopted as Title 11, Ch. 3, Secs. 11-3-1 through 11-3-4,
11-3-6 through 11-3-9, 11-3-11, and 11-3-12, of the 1992 Code]
A. Destruction of property. No person shall willfully injure or intentionally
deface, destroy, or unlawfully remove or interfere with any property
belonging to the Village of Reeseville, the school district, or to
any private person without the consent of the owner or proper authority,
nor shall any person or organization place or permit to be placed
any sign, poster, advertisement, notice, or other writing upon any
utility ornamental light pole belonging to the Village without the
consent of proper authority. Any signs, posters, advertisements, notices,
or other writings so placed shall be removed by law enforcement authorities
and the placing person or organization cited for violation of this
section.
B. Parental liability. Pursuant to § 895.035, Wis. Stats.,
the parents of an unemancipated minor shall be liable for the damage
of property caused by the willful, malicious or wanton act of such
child; such liability shall not exceed $5,000, except as otherwise
provided in § 895.035, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C. Theft of property. No person shall intentionally take and carry away,
use, transfer, conceal or retain possession of movable property of
another without that other person's consent and with intent to deprive
the owner permanently of possession of such property.
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 of Reeseville, 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 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 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.
C. 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 of Ordinances, 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.
D. Handbills.
(1) 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.
(2) 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.
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
Any public library, library of an educational or historical
organization or society or museum, and specifically the public libraries
within the Village of Reeseville 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,
audio-visual 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 of 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 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 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 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 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 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 §
1-2, General penalty.
F. 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 Reeseville 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 §
1-2, General penalty.
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, 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 Reeseville.
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.
C. 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.
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. If 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; or
(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 post-dated check or to a check given
in past consideration, except a payroll check.
A. 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.
B. 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.
No person shall intentionally take and carry away, use, transfer,
conceal or retain possession of movable property of another without
his consent and with intent to deprive the owner permanently of possession
of such property, where the value of the property does not exceed
$500.
A. Prohibited acts. Any person who, with intent to defraud, does any
of the following shall be guilty of violating this section:
(1) 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
(2) 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.
B. 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, 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.
C. Procedure. An officer may issue a citation only when the complainant
provides the following:
(1) 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.
(2) 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.
(3) 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.