A.
Destruction of property. No person shall willfully injure or intentionally
deface, 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 Luck 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
of 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.
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 Luck 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. 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 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.
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.
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 of this section.
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.
Penalty. 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.
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.
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;
(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 postdated check or to a check given
in past consideration, except a payroll check.
D.
Any person violating any provisions 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 $500, together
with the costs of prosecution, and in default of payment shall be
imprisoned in the county jail until the forfeiture and costs are paid,
but not to exceed 60 days.
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 or library of an educational or historical
organization or society or museum, and specifically the public libraries
of the Village of Luck.
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.
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 § 1-4 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 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 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.
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.
No person except the owner of the cemetery lot or a cemetery
employee shall cut, remove, injury or carry away flowers, trees, plants
or vines from any cemetery lot or property, nor shall any person deface,
injure or mark upon any cemetery markers, headstones, monuments, fences
or structures, nor shall any person other than the owner injure, carry
away or destroy any vases, flowerpots, urns or other objects which
have been placed on any cemetery lot.
In addition to the general penalty in § 1-4 of this Code 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 § 429-15 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.