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 Town of Lowell and belonging to the
Town or its departments, 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 $5,000.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Littering prohibited. No person shall throw any glass, refuse or
waste, filth or other litter upon the streets, alleys, highways, public
parks, public rights-of-way, or other property of the Town, or upon
property within the Town owned by any private person or upon the surface
of any body of water within the Town.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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)
Cleanup of litter. 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 24 hours
of the time the same is deposited or immediately if such litter or
debris presents a traffic or safety hazard. 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 Town shall arrange to have the same picked up by Town 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 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.
Dumping of refuse and grass along roads. Except for temporary placement
up to six hours, no person shall deposit any refuse, leaves or grass
clippings in any gutter along any public street, road, alley, public
right-of-way or highway.
D.
Depositing of materials prohibited. Except as provided in Subsection C, it shall be unlawful for any person to deposit, cause or permit to be deposited, placed or parked any vegetation, 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 its 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.
E.
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, placed in newspaper boxes, 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.
(3)
Advertisements upon public or private property. No person shall place
any advertisement upon any public property or any street, alley or
public ground or upon any private property situated and fixed in any
street, alley or public ground or upon any other private property,
except by the permission of the owner thereof, but this section shall
not apply to the posting of notices required by law.
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 freezer,
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.
Purpose. This section is created for the purposes of securing to
the residents of the Town of Lowell their rights to enjoyment and
use of land and property by providing an efficient and orderly method
of enforcement of such rights. This section is enacted under the authority
of sections of the Wisconsin Statutes and acts amendatory thereto.
B.
Short title. This section may be referred to and cited as the "Town
of Lowell Trespass Ordinance."
C.
Violations. It shall be unlawful and a violation of this section
for any person to commit any of the following acts:
(1)
Enter upon any enclosed or cultivated land of another with intent
to catch or kill any birds, animals, or fish on such land or gather
any products of the soil without the express or implied consent of
the owner or occupant to engage in any such activities.
(2)
To enter or remain on any land of another after having been notified
by the owner or occupant not to enter or remain on such premises.
(3)
To hunt, shoot, fish, or gather any product of the soil on the premises
of another, or enter said premises with intent to do any of the foregoing
after having been notified by the owner or occupant not to do so.
(4)
To enter upon any enclosed or cultivated land or another with a vehicle
of any kind without the express or implied consent of the owner or
occupant.
D.
Posting of lands. For lands to be posted against entry by another
under this section, a sign at least 8 1/2 inches by 11 inches
square must be placed in at least two conspicuous places for every
40 acres sought to be protected. The sign must carry an appropriate
notice and the name of the person giving the notice followed by the
word "owner" if the person giving the notice is the holder of legal
title to the land and by the word "occupant" if the person giving
the notice is not the holder of legal title but is a lawful occupant
of the land. Proof that appropriate signs as herein provided were
erected or in existence upon the premises to be protected within six
months prior to the event complained of shall be prima facie proof
that the premises to be protected were posted as herein provided.
E.
How entry denied. A person has received notice from the owner or
occupant within the meaning of this section if he has been notified
personally, either orally or in writing, or if the land is posted.
F.
Failure to post. The failure of any person or occupant to post his
or her lands shall not be deemed to constitute consent of such owner
or occupant to any uninvited entry by another. Any entry by a person
other than the lawful owner or lawful occupant of land or building
shall constitute a violation of this ordinance if such entry is made
under circumstances tending to create or provoke breach of the peace.
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.
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.
A.
Purpose and definition. 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 Lowell.
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, 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, flower bed, turf, grassy area, soil, building, structure,
equipment, official notice, sign or other property within any cemetery.
(3)
Motor vehicles. Motor vehicles, including snowmobiles and all-terrain
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, are prohibited in any
cemetery without the cemetery owner's consent, except for dogs
specially trained to lead blind or hearing-impaired persons.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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
under these regulations. 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 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.
In addition to the general penalty of this Code in § 1-3 or any other penalty imposed for violation of any section of this chapter, 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 § 219-6 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 law enforcement officers from referring violations of the provisions of this chapter to the District Attorney's office in the interest of justice.
