Town of Vinland, WI Article III Offenses Against Property

§ 302-10 Destruction of property prohibited.

A. Destruction of property. No person shall willfully injure or intentionally deface, destroy or unlawfully remove or interfere with any property belonging to the Town of Vinland or to any private person without the consent of the owner or property 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 Town without the consent of the proper authority. Any signs, posters, advertisements, notices or other writings so placed shall be removed by the 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 emancipated 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 $2,500.

C. Penalty provisions.

(1) Any person 17 years of age or over who violate this section is subject to a penalty as provided in § 1-4, restitution to the injured party, and the costs of prosecution.

(2) Any person 12 years of age through 16 years of age shall be subject to a forfeiture not to exceed $25 and any other applicable penalty provided by § 938.344, Wis. Stats., as that section may exist, be amended or changed.

D. 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.

§ 302-11 Littering prohibited.

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 Town of Vinland, or upon property within the Town owned by any private person, or upon the surface of any body of water within the Town.

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 any 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 to be 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 Town shall arrange to have the same picked up by Town 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 Town 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. 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 Town Board or designee 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.

D. Handbills.

(1) Scattering prohibited. It shall be unlawful to deliver any handbills or advertising material to any premises in the Town 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.

§ 302-12 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/her 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/her agent and is securely locked or fastened.

§ 302-13 Damage to public property.

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, 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 Town of Vinland.

B. 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 Town.

C. Damaging fire hydrants and water mains. No person shall, without the authority of Town 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.

§ 302-14 Trespass to dwelling or land.

A. 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.

B. 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.

§ 302-15 Regulation of smoking.

A. State statute adopted. The provisions of § 101.123, Wis. Stats., 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 and equipment owned, leased or rented by the Town. In recognition of a need to protect the health and comfort of the public and Town employees from the detrimental effects of smoking, pursuant to the authority granted to the Town by § 101.123(4m), Wis. Stats., smoking as defined by § 101.123(1)(h), Wis. Stats., is hereby prohibited by any person within or upon all buildings and enclosed equipment owned, leased or rented by the Town of Vinland, except in designated areas. Specifically, it shall be unlawful for any person to use any tobacco product or material that can be smoked in the Town of Vinland Town Hall.

C. State statutes adopted. The provisions contained in § 120.12(20), Wis. Stats., regulating smoking on school premises are adopted by reference and made a part of this section as though set forth in full.

§ 302-16 Graffiti.

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

GRAFFITI

Any drawing, figure, inscription, symbol or other marking which is scratched, painted, drawn in pen or marker, or placed by some other permanent or semipermanent means upon sidewalks, streets, public or private structures or any other place in public view without the express permission or consent of the property owner.

B. Public nuisance. Graffiti is hereby declared to be a public nuisance, as defined under Chapter 284 of this Code, affecting peace and safety.

C. Prohibitions. No person shall write, spray, scratch or otherwise affix graffiti upon any property, whether private or public, without the consent of the owner or owners of said property. Any person who shall affix graffiti to any property without the consent of the owner shall be liable for the costs of removing or covering such graffiti in addition to any fines imposed for violating this section. The parents of any emancipated minor child who affixed graffiti shall be held liable for the cost of removing or covering said graffiti in accordance with § 895.035, Wis. Stats.

D. Removal by property owner.

(1) Every owner of a structure or property defaced by graffiti shall cover or remove the graffiti within 15 days in compliance with written notice served upon him by the Town to remove or cover such graffiti.

(2) In the event any owner fails to comply with the above-mentioned notice, the Town may have the graffiti covered or removed, and in such event, all costs, fees and expenses will be assessed to said owner's real estate taxes pursuant to § 66.0627, Wis. Stats.

§ 302-17 Cemetery regulations.

A. Purpose and definitions. In order to protect cemetery areas within the Town 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 Town of Vinland.

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, flower pots, urns or other objects on cemetery property. Placements 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, flower pots, 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 any animals, birds or waterfowl, wild or domestic, within any cemetery in any matter 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, flower bed, turf, grassy area, soil, building, structure, equipment, official notice, sign or other property within any cemetery. No picnic, 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.

(7) Pets. Pets, including animals of any species, and horses are prohibited in any cemetery.

(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/her possession any open container containing any alcohol beverage upon any cemetery property within the Town 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.