A.
Destruction of property. No person shall willfully injure or intentionally
deface, destroy, or unlawfully remove or interfere with any property
belonging to the City of Brodhead, Brodhead 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 City 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 juvenile 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.[1], [2]
A.
HIGHWAY
SOLID WASTE
VEHICLE
WATERS OF THE STATE
Definitions. Terms used in this section mean as follows:
The meaning given in § 340.01(22), Wis. Stats.
The meaning given in § 289.01(33), Wis. Stats.
The meaning given in § 340.01(74), Wis. Stats.
The meaning given in § 281.01(18), Wis. Stats.
B.
Littering prohibited.
(1)
No person shall throw any glass, refuse or waste, unauthorized garbage,
filth or other litter upon the streets, alleys, highways, public parks,
on the ice of public waters, or other property of the City of Brodhead,
or upon property within the City owned by the school district or any
private person, or upon the surface of any body of water within the
City.
(2)
No person shall permit any solid waste to be thrown from a vehicle
operated by the person within the City of Brodhead.
C.
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(1) within the time specified, the City shall arrange to have the same picked up by City 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 City Attorney's office, to collect the same. This charge shall be in addition to any forfeiture or other penalty for violation of this section.
D.
Evidence of ownership of solid waste. The owner of solid waste deposited
or discharged in violation of this section shall be liable for a violation
of this section. It shall be presumptive evidence that solid waste
containing indicia of ownership, such as name labels, mail containing
names and addresses or other printed or written names that are consistent
throughout is owned by the person or persons whose names are found
therein.
E.
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 Common Council or Director of
Public Works pursuant 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.
F.
Handbills.
(1)
Scattering prohibited. It shall be unlawful to deliver any handbills
or advertising material to any premises in the City 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 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.
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, library of an educational or historical
organization or society or museum, and specifically the public libraries
within the City of Brodhead 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,
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 the general
penalty provisions of this Code. The failure to return library material
after its proper return date, after written notice from the library,
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.
[Amended 11-9-1998]
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 juvenile. 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 § 1-4.
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 Brodhead 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 § 1-4.
A.
Purpose and definition. In order to protect cemetery areas within
the City 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 City
of Brodhead.
B.
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.
C.
Specific regulations.
(1)
Disturbing cemetery property. No person shall cut, remove, damage
or carry away any flowers, plants, vines, shrubs or trees from any
cemetery lot or property, except the owner of the cemetery lot or
a person with the cemetery lot owner's consent or any cemetery employee
or representative engaged in official cemetery duties for the cemetery
owner, nor shall any person, without proper authority, remove, deface,
mark or damage in any manner any cemetery markers, headstones, monuments,
fences or structures, nor shall any person, without proper authority,
remove, damage or destroy any vases, flowerpots, urns or other objects
which have been placed on any cemetery lot, nor shall any person move
or remove any cemetery equipment without the owner's consent.
(2)
Protection of cemetery property. No person shall trap in any cemetery
without specific written authorization of the owner, nor shall any
person kill, injure or disturb or attempt to injure or disturb, any
animals, birds or waterfowl, wild or domestic, within any cemetery
in any manner except as provided by this Code, nor shall any person
climb any tree, break, cut down, trample upon, remove or in any manner
injure, deface, write upon or in any manner damage any tree, shrub,
flower, flowerbed, turf, grassy area, soil, building, structure, equipment,
official notice, sign or other property within any cemetery. No picnics,
parties, or similar gatherings are permitted.
(3)
Motor vehicles. Motor vehicles are restricted to the roads and drives
and parking areas. Except for authorized maintenance vehicles, no
person shall operate an unlicensed or licensed motorized vehicle on
any cemetery property outside of areas specifically designated as
parking areas or areas where the operation of such vehicles is specifically
permitted. It shall be unlawful for a person to engage in any off-roadway
operation of a motorized vehicle on cemetery property without the
owner's consent.
(4)
Speed limit. No person shall operate any motorized vehicle in any
cemetery in excess of 15 miles per hour, unless otherwise posted.
(5)
Parking. No person, without the owner's consent, shall park any motor
vehicle in any cemetery on any grassy or seeded area or upon any location
except a designated parking area, nor shall any person park a motor
vehicle on cemetery property for any purpose except engaging in official
cemetery business. Any unlawfully parked motor vehicle may be towed
or removed by the cemetery property owner at the vehicle owner's expense.
(6)
Littering prohibited. No person shall litter, dump or deposit any
rubbish, refuse, earth or other material in any cemetery without the
owner's consent.
(8)
Sound devices. No person shall operate or play any amplifying system
or sound device in any cemetery without the owner's consent.
(9)
Authorized notices. No person shall post, paste, fasten, paint or
attach any placard, bill, notice, sign or advertising matter upon
any structure, tree or other natural object in any cemetery, except
cemetery regulations and other signs authorized by the owner. No person
shall remove, deface or damage in any manner any official sign or
notice posted in any cemetery.
(10)
Loitering prohibited. No person shall loiter or cause a nuisance
or engage in any sport or exercise on any cemetery property without
the owner's consent.
(11)
Alcoholic beverages prohibited. No person shall consume or have
in his possession any open container containing an alcohol beverage
upon any cemetery property within the City, unless the property is
specifically named as being part of a licensed premises.
(12)
Play vehicles prohibited. No person shall operate or make use
of a play vehicle upon any cemetery property without the owner's consent.
As used in this section, a "play vehicle" shall mean any coaster,
skateboard, roller skates, sled, toboggan, unicycle or toy vehicle
upon which a person may ride.
(13)
Presence after hours prohibited. No person shall be present
upon any cemetery property without the owner's consent during posted
hours when the cemetery is not open to the public.
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 City of Brodhead.
B.
Breaking of streetlamps or windows. No person shall break glass in
any streetlamps or windows of any building owned or occupied by the
City.
C.
Damaging fire hydrants and water mains. No person shall, without
the authority of City 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 juvenile. 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 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.
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.
[Amended 8-12-2019 by Ord. No. 2019-011]
A.
State statute adopted. The provisions of § 101.123, Wis.
Stats., as expanded by the definition of "smoke" or "smoking" contained
herein, relating to the regulation of smoking and clean indoor air,
except provisions therein relating to penalties to be imposed, are
hereby adopted by reference and made a part of this section as if
fully set forth herein. Any act required to be performed or prohibited
by any statute incorporated herein by reference is required or prohibited
by this section. Any future amendment, revisions or modifications
of the statutes incorporated herein are intended to be made a part
of this section.
B.
Smoking prohibited within or upon all buildings owned, leased or
rented by the City.
(1)
In recognition of a need to protect the health and comfort of the
public and City employees from the detrimental effects of smoking,
pursuant to the authority granted to the City by § 101.123(4m),
Wis. Stats., and the police power of the City, smoking is hereby prohibited
by any person within any enclosed, indoor area of any building owned,
leased or rented by the City of Brodhead; this prohibition shall apply
to the general public as well as City employees.
(2)
ELECTRONIC NICOTINE DELIVERY SYSTEM
SMOKE or SMOKING
As used in this section, the following terms shall have the meanings
indicated:
Any product containing or delivering nicotine, or any other
substance, whether natural or synthetic, intended for human consumption
through the inhalation of aerosol or vapor from the product. The term
"electronic nicotine delivery system" includes any component part
of a product, whether or not marketed or sold separately, but is not
limited to, devices manufactured, marketed, or sold as vapes, vaporizers,
vape pens, hookah pens, electronic cigarettes (e-cigarettes, e-cigs
or e-cigars), and e-pipes, mods, tank systems, or under any other
product name or descriptor for the delivery of noncombustible nicotine
or tobacco product.
Burning or holding, or inhaling or exhaling vapor or smoke
from an electronic nicotine delivery system or from any of the following
items containing tobacco:
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.
