[Adopted 4-20-1999 by Ord. No. 2-99]
Whoever does any of the following shall incur a forfeiture as provided in Chapter 290 of the County Code plus penalty assessment and court costs:
B.
Enters any land of another that is occupied by a structure
used for agricultural purposes without the express or implied consent
of the owner or occupant.
C.
Enters or remains on any land of another after having
been notified by the owner or occupant not to enter or remain on the
premises.
D.
Enters or remains on undeveloped land that is an inholding
of another after having been notified by the owner or occupant not
to enter or remain on the land.
E.
Enters undeveloped private land from an abutting parcel
of land that is owned by the United States, this state or a local
governmental unit, or remains on such land, after having been notified
by the owner or occupant not to enter or remain on the land.
In determining whether a person has implied
consent to enter the land of another a trier of fact shall consider
all of the circumstances existing at the time the person entered the
land, including all of the following:
A.
Whether the owner or occupant acquiesced to previous
entries by the person or by other persons under similar circumstances.
B.
The customary use, if any, of the land by other persons.
C.
Whether the owner or occupant represented to the public
that the land may be entered for particular purposes.
D.
The general arrangement or design of any improvements
or structures on the land.
A person has received notice from the owner
or occupant within the meaning of this article if that person has
been notified personally, either orally or in writing, or if the land
is posted. Land is considered to be posted under this article under
either of the following procedures:
A.
If a sign at least 11 inches square is 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
the 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 the notice is not the holder of legal title but
is a lawful occupant of the land. Proof that appropriate signs as
provided in this subsection were erected or in existence upon the
premises to be protected prior to the event complained of shall be
prima facie proof that the premises to be protected were posted as
provided in this subsection.
B.
If markings at least one foot long, including in a
contrasting color the phrase "private land" and the name of the owner,
are made in at least two conspicuous places for every 40 acres to
be protected.
As used in this article, the following terms
shall have the meanings indicated:
A structure or that part of a structure which is used or
intended to be used as a home, residence or sleeping place by one
person or by two or more persons maintaining a common household, to
the exclusion of all others.
Conduct or words or both that imply that an owner or occupant
of land has given consent to another person to enter the land.
A parcel of land that is private property and that is surrounded
completely by land owned by the United States, by this state or by
a local governmental unit or any combination of the United States,
this state and a local governmental unit.
A political subdivision of this state, a special purpose
district in this state, an instrumentality or corporation of the political
subdivision or special purpose district or a combination or subunit
of any of the foregoing.
Has the meaning given in § 101.01(11), Wis. Stats.
Real property that is not owned by the United States, this
state or a local governmental unit.
Land that meets all of the following criteria:
The land is not occupied by a structure or improvement
being used or occupied as a dwelling unit.
The land is not part of the curtilage, or is
not lying in the immediate vicinity, of a structure or improvement
being used or occupied as a dwelling unit.
The land is not occupied by a public building.
The land is not occupied by a place of employment.
B.
An owner or occupant may give express consent to enter or remain on the land for a specified purpose or subject to specified conditions, and it is a violation of § 403-42A or B for a person who received that consent to enter or remain on the land for another purpose or contrary to the specified conditions.
C.
Nothing in this section shall prohibit a representative
of a labor union from conferring with any employee, provided that
such conference is conducted in the living quarters of the employee
and with the consent of the employee occupants.
D.
This section does not apply to any of the following:
(1)
A person entering the land, other than the residence
or other buildings or the curtilage of the residence or other buildings,
of another for the purpose of removing a wild animal as authorized
under § 29.885(2), (3) or (4), Wis. Stats.
(2)
A hunter entering land that is required to be open
for hunting under § 29.885(4m) or 29.889(7m), Wis. Stats.
E.
Any authorized occupant of employer-provided housing
shall have the right to decide who may enter, confer and visit with
the occupant in the housing area the occupant occupies.
References to specific statutory sections wherever
used in this article shall mean the Wisconsin Statutes of 1997-98
as from time to time amended, repealed or otherwise altered by the
State Legislature.
