Village of Clyman, WI Offenses Against Property

Any person 18 years of age or over who violates this section is subject to a penalty as provided in § 1-3, restitution to the injured party, and the costs of prosecution.

Any person 14 years of age to 17 years of age shall be subject to a forfeiture not to exceed $100 and any other applicable penalty provided by § 938.344, Wis. Stats., as that section may exist, be amended or changed.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

§ 311-19 Littering prohibited.

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 Clyman, 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.

Litter from conduct of commercial enterprise.

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.

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.

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(1) 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.

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, 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.

Handbills.

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 way 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.

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.

§ 311-20 Abandoned refrigerators prohibited.

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 ice box, 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 ice box, 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.

§ 311-21 Theft of library material.

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 Clyman 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, 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 of characteristics, belonging to, on loan to or otherwise in the custody of a library.

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.

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.

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.

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 § 1-3.

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 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 § 1-3.

§ 311-22 Damage to public property.

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 Clyman.

Breaking of street lamps or windows. No person shall break glass in any street lamps or windows of any building owned or occupied by the Village.

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.

§ 311-23 Retail theft.

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.

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.

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.

If the value of the merchandise does not exceed $100, any person violating this section shall forfeit not more than $250. 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]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 311-24 Issuance of worthless checks.

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.

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:

Proof that, at the time of issuance, the person did not have an account with the drawee; or

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 non-payment or dishonor to pay the check or other order; or

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.

This section does not apply to a post-dated check or to a check given in past consideration, except a payroll check.

§ 311-25 Trespass to dwelling or land.

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.

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.

§ 311-26 Regulation of smoking.

[Amended 8-2-2010 by Ord. No. 2010-007]

Purpose. This section is adopted for the purposes of:

Public health protection. Protecting the public health, general welfare and safety of the people of the Village of Clyman;

Assistance with regulation compliance. Assisting business owners, managers and operators in complying with state law and municipal ordinance requirements; and

Clarifying/expansion of state statute. Clarifying and expanding upon Wisconsin's Smoking Ban Law enacted by 2009 Act 12 under authority creating § 101.123(4m), Wis. Stats.

Findings of fact. It is recognized that smoking of tobacco-related products is hazardous to the health of both smokers and nonsmokers who are exposed to smoking.

Scientific studies. Reliable scientific studies, including studies conducted by the Surgeon General of the United States, having shown that breathing secondhand smoke (i.e., sidestream smoke) is a significant health hazard to nonsmokers, particularly to children, the elderly, individuals with cardiovascular disease and individuals with impaired respiratory functions, including asthmatics and those individuals with obstructive airway disease.

Health hazards related to smoking. Numerous scientific studies have found that tobacco smoke is a major contributor to indoor pollution. Related health hazards induced by breathing secondhand smoke include bronchoconstriction, lung cancer, bronchospasam, respiratory infection, decreased exercise tolerance, and decreased respiratory function.

Air pollution. Smoking-caused air pollution is an offensive annoyance and irritant, and smoking results in significant and serious physical discomfort to nonsmokers.

Definitions. As used in this section, the definitions of § 101.123(1), Wis. Stats., are hereby adopted and incorporated herein by reference, except as set forth below. In this section:

VILLAGE BUILDINGS

All Village-owned or operated buildings and those portions of buildings leased or operated by the Village of Clyman.

ENCLOSED INDOOR AREA

All space between a floor and a ceiling that is bound by walls, doors, or windows, whether open or closed, covering more than 50% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.011 gauge screen with an 18-by-16 mesh count is not a wall for purposes of this section.

Smoking prohibition. No person may smoke in any of the following:

Statutory prohibitions; adoption of statute. No person may smoke in any place prohibited by § 101.123(2), Wis. Stats. Except as expressly modified by this section, the provisions of § 101.123, Wis. Stats., are expressly adopted and incorporated herein by reference.

Enclosed indoor areas. No person may smoke in any enclosed indoor area, as defined in Subsection C above.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Village buildings/enclosed equipment. No person may smoke in any Village building or enclosed equipment owned, leased or rented by the Village of Clyman.

(4)

School events at Village parks and grounds. No person may smoke while on any Village park or grounds while such facilities are being used for a school-related event by the public school district.

Outside areas. Any person managing or in charge of a tavern, restaurant, retail establishment or private club that is subject to this section may designate an outside area that is a reasonable distance from the entrance to said establishment where employees, customers and/or other persons associated with the establishment may smoke. The designated outside smoking area shall contain receptacles for trash and cigarette butts and shall be maintained in a neat and orderly manner. All refuse and cigarette butts shall be placed in proper receptacles.

Exceptions. The prohibitions against smoking shall not apply to those places or areas set forth in § 101.123(3), Wis. Stats.

Inspection; enforcement.

Inspection and enforcement authorities. Law enforcement officers, public health officials and Village Building Inspectors shall have the authority to enter any premises subject to this section and the smoking ban under state law to ascertain whether the premises are in compliance with the requirements of this section, and such officials shall take appropriate enforcement action pursuant to this section and § 101.123, Wis. Stats.

Violations and penalties. The following penalties shall be applicable for violations of this section:

(a)

Any person who violates Subsection D or E of this section shall be subject to those penalties and forfeitures prescribed in § 1-3.

(b)

Any person in charge of premises who violates § 101.123 (2m), Wis. Stats., shall be subject to those penalties prescribed in § 1-3, except that the forfeiture shall be $100. Prior to issuing a citation to a person in charge for a violation of this section, enforcement officials shall first issue a written warning notice; once a person in charge has been issued such a warning notice, he/she may be issued citations for subsequent violations of this section.

(c)

In addition to applicable forfeitures, any person who violates the provisions of this section shall pay the costs of prosecution, except for the drug enforcement and crime laboratories surcharge under § 165.755(1)(a), Wis. Stats. Each day of violation shall constitute a separate offense.

Interpretation. Whenever the provisions of the Wisconsin Statutes and this section conflict, the provisions of this section shall apply.

§ 311-27 Theft prohibited.

Acts. Whoever does any of the following may be penalized as provided in § 1-3 of this Code:

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.

By virtue of his/her 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/her 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/her possession or custody by virtue of his/her 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.