A.Â
Destruction of property prohibited. No person shall willfully injure
or intentionally deface, destroy, or unlawfully remove or interfere
with any property belonging to the Village of Woodville, the Baldwin-Woodville
School District, or 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.Â
Parental liability. Pursuant to § 895.035, Wis. Stats.,
the parents of an unemancipated minor shall be liable for the damage
to 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.[1]
C.Â
Penalty provisions.
(1)Â
Any person 18 years of age or over who violates this section is subject to a penalty as provided in § 1-4, restitution to the injured party, and the costs of prosecution.
D.Â
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.
A.Â
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 Woodville, or upon property
within the Village owned by the Baldwin-Woodville School District
or any private person, or upon the surface of any body of water within
the Village.
B.Â
Litter from conduct of commercial enterprise.
(1)Â
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)Â
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)Â
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.Â
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 according 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.
D.Â
Handbills.
(1)Â
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 entrance 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)Â
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 subsection 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.Â
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, library of an educational or historical
organization or society or museum, and specifically the public libraries
within the Village of Woodville and school libraries.
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
or written or printed materials, regardless of physical form or characteristics,
belonging to, on loan to or otherwise in the custody of a library.
B.Â
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.Â
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.Â
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 subsection 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.Â
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 § 1-4.
F.Â
Return demanded. No person shall fail, on demand, to return any book, periodical, pamphlet, picture or other article or property belonging to or in charge of the 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 article 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 § 1-4.
A.Â
Purpose and definition. In order to protect cemetery areas within
the Village from injury, damage or desecration, these regulations
are enacted. The term "cemetery" as hereinafter used in this section
shall include all cemetery property, grounds, equipment and structures,
both privately and publicly owned, which are located within the Village
of Woodville.
B.Â
Authority to establish rules and regulations. The cemetery property
owner shall have the authority to establish reasonable rules and regulations
to regulate and govern the operation of any cemetery in accordance
with state law and this Code. The cemetery property owner shall reserve
the right to prohibit and regulate the planting or placement of any
flowers, plants, vines, shrubs, trees, flowerpots, urns or other objects
on cemetery property. Placement of any such plantings, containers
or objects shall be in accordance with established regulations of
the cemetery property owner.[1]
A.Â
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 of Woodville.
B.Â
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.Â
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.Â
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.Â
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.Â
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 law enforcement
officer who may conduct a lawful interrogation of the accused person.
Compliance with this subsection entitles the merchant or his employee
affecting 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.Â
If the value of the merchandise does not exceed $100, any person violating this section shall be subject to a penalty as provided in § 1-4 of this Code. 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.[1]
A.Â
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.
B.Â
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)Â
Proof that, at the time of issuance, the person did not have an account
with the drawee;
(2)Â
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)Â
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.Â
This section does not apply to a post-dated check or to a check given
in past consideration, except a payroll check.
A.Â
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.
A.Â
Acts. Whoever does any of the following may be penalized as provided in § 1-4 of this Code:
(1)Â
Intentionally takes and carries away, uses, transfers, conceals or
retains possession of movable property of another without his consent
and with intent to deprive the owner permanently of possession of
such property.
(2)Â
By virtue of his 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 authority, and with intent to convert to his 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 possession or custody by virtue of his 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 own use within the meaning
of this subsection.
(3)Â
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)Â
Obtains title to property of another by intentionally deceiving him
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)Â
Intentionally fails to return any personal property which is in his
possession or under his control by virtue of a written lease or written
rental agreement within 10 days after the lease or rental agreement
has expired.
B.Â
MOVABLE PROPERTY
PROPERTY
PROPERTY OF ANOTHER
VALUE
Definitions. The following definitions shall be applicable in this
section:
Property whose physical location can be changed, without
limitation including electricity, gas, documents which represent or
embody intangible rights, and things growing on or affixed to or found
in land.
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.
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.
The market value at the time of the theft or the cost to
the victim of replacing the property within a 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.
A.Â
Prohibited acts. Any person who, with intent to defraud, does any
of the following shall be guilty of violating this section:
(1)Â
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)Â
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.Â
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.
C.Â
Procedure. An officer may issue a citation only when the complainant
provides the following:
(1)Â
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)Â
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)Â
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.