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 Village and belonging to the Village or its departments, the Monticello School District or to any private person, without the consent of the owner or proper authority.
Parental liability. Pursuant to § 895.035, Wis. Stats., the parents of an un-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 $1,000.
Unlawful removal of property. It shall be unlawful for any person to take and carry away the property of another without the owner's consent with the intention to do so.
Littering prohibited. No person shall throw any glass, refuse, waste, filth or other litter upon the streets, alleys, highways, public parks or other property of the Village, or upon property within the Village owned by the Monticello 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 an street, alley or other public way shall clean up the same within 12 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.
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. 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 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.
Dumping of refuse and grass in gutters. No person shall deposit any refuse, leaves or grass clippings in any gutter along any public street, road, alley or highway.
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.
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 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.
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 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.
Penalty. 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.
Findings & declaration of policy. It is hereby found and declared:
That there exist in the Village of Monticello (the Village), premises used for residential and non-residential purposes which are, or may become in the future, substandard with respect to structure, equipment or maintenance;
That such conditions, including, but not limited to, structural deterioration, lack of maintenance and appearance of the exterior of the premises and appurtenant lawns, infestation and existence of fire hazards, constitute a threat to the health, safety, general welfare and reasonable comfort of the citizens of the Village;
That by reason of lack of maintenance and because of progressive deterioration, certain properties have the further effect of creating blighting conditions and that if these conditions are not curtailed and removed, they will grow and spread and will necessitate the expenditure of large amounts of public funds to correct and eliminate;
That as the result of the regulations and restrictions contained in this ordinance, the desirability and amenities of residential and non-residential uses may be enhanced and the public health, safety and general welfare be protected and fostered.
Purpose. The purpose of this ordinance is to protect the public health, safety and general welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and non-residential premises; to fix certain responsibilities and duties upon owners and operators and occupants; to authorize and establish procedures for the inspection of residential and non-residential premises; and to provide for the repair, demolition or vacation of premises unfit for human habitation, occupancy or use.
Definitions. The following words and terms, wherever used in this ordinance, shall be defined as follows unless a different meaning clearly appears from the context.
- The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
- EXPOSED TO PUBLIC VIEW
- Any premises or building or part thereof that may be viewed by the public.
- EXTERIOR OF THE PREMISES
- The open space on the premises and the exterior of any structure thereon.
- The control and elimination of insects, rodents, vermin and other pests.
- The presence of insects, rodents, vermin or other pests on the premises that constitute a health hazard.
- Land covered with cool season grasses maintained at a height not to exceed six inches.
- NOXIOUS WEEDS
- Weeds, including but not limited to, Canada Thistle, Leafy Spurge, Field Bindweed (Creeping Jenny), Purple Loosestrife, Multiflora Rose, Burdock, Common Ragweed, Great Ragweed, Garlic Mustard, Goat's Beard, Poison Ivy, Wild Parsnip, Cocklebur, Pigweed, Common Lambsquarter, Curled Dock, Hemp, English Plantain.
- A lot or parcel of land including the buildings and structures thereon and its appurtenant lawn, if any.
- PROPERTY OWNER
- Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof.
- PUBLIC NUISANCE
- A public nuisance is a thing, act, condition or use of property which shall continue for such length of time as to:
- (1) Substantially annoy, injure or endanger the comfort, health safety and general welfare of the public, or
- (2) In any way render the public insecure in life or the use of property, or
- (3) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage, any street, alley or other public way or the use of public property.
- Waste shall include but not be limited to garbage, litter, refuse, trash, rubbish, junk and debris.
Applicability. Every residential, non-residential or mixed occupancy building and the land on which it is located, used, or intended to be used for residential, commercial, agricultural or industrial occupancy shall comply with the provisions of this ordinance whether or not such building or premises shall have been constructed, altered, repaired, installed or planted before or after the effective date of this ordinance.
Regulation of premises.
Maintenance of exterior of premises. The exterior of the premises and all structures thereon shall be kept free of sanitary conditions and any hazards to the safety of the occupant, invitees, pedestrians and other persons utilizing or coming on the premises, The exterior of every structure on a premise, including fences or enclosures, shall be maintained in good repair, free of broken glass, loose shingles, crumbling stone or brick, excessively peeling paint, loose boards or other conditions indicative of deterioration or inadequate maintenance all to the end that the property itself may be preserved, safety and tire hazards eliminated and adjoining properties protected from blight, Any of the foregoing conditions are found to be public nuisances and shall be promptly removed and abated by the property owner. Such public nuisances include, but are not limited to, the following:
Dead and dying trees and limbs or other natural growth which by reason of rotting, deteriorating conditions or storm damage constitute a hazard to persons in the vicinity.
Sources of infestation.
Lack of maintenance to the exterior of the premises such that the appearance of the premises or structures or waste or other property thereon contributes to blight.
Nuisances prohibited. No person, firm, corporation, company or organization shall permit any public nuisance as defined herein to remain on any premises owned, controlled or occupied by such person, firm, corporation, company or organization within the Village.
Inspection. The Village Board may cause to be inspected by the Village Building Inspector, Village Board, and/or County Health Department any premise and place within the Village to determine whether any public nuisance as herein exists.
Abatement of nuisance. If the Village Building Inspector, Village Board, and/or County Health Department shall determine with reasonable certainty that any public nuisance as defined herein exists, such inspection shall be immediately reported to the Village Board which shall, if it determines that such nuisance exists, cause notice to be delivered personally or by certified mail, return receipt requested, on the property owner that the Village Board proposes to order the abatement of the public nuisance.
Hearing. If the property owner believes that no public nuisance exists, such person may request a hearing before the Village Board. The request for said hearing must be made in writing to the Village Clerk's office within 10 days of the date of delivery of the notice from the Village. When a hearing is requested by the property owner, a hearing by the Village Board shall be held not less than 15 days from the date of the owner's request. At the hearing, the owner may appear in person or by his attorney, may present witnesses and may cross-examine witnesses presented by the Village. At the close of the hearing, the Village Board shall make its decision in writing. If the Village Board determines that a public nuisance does exist, the Village Board shall order the nuisance abated. The order shall specify the time by which the nuisance shall be abated which shall not be less than 48 hours from delivery of said order either personally or by certified mail, return receipt requested.
Costs. If the owner does not abate the nuisance within 48 hours, the Village may cause the nuisance to be abated and the costs thereof to be assessed to the property owner. All costs associated with abatement of a nuisance including, but not limited to, Building Inspector costs, Village Board costs, and/or County Health Board, Village employee, equipment, private contractor costs shall be assessed to the property owner. If costs are not paid within 60 days of billing date, the total cost plus 10% administration fee shall be filed as a special charge on the property served.
Penalty. Any person who does not abate a public nuisance under this section within the time specified shall, in addition to all other remedies available to the Village, including payment of the cost of inspection, be subject to a forfeiture per § 1-1-7 in addition to the costs of prosecution. Each day that a violation exists with failure to abate the nuisance shall constitute a separate offense.
North Main Street Buildings-Business District Exterior appearance of all buildings shall reflect a level of maintenance in keeping with the standards of all North Main Street buildings. No building shall have the appearance of progressive deterioration. Fluorescent and bright colors are prohibited on the entire building, including portions of such building that are not abutting North Main Street. Restoring to original condition is encouraged to preserve the historic atmosphere of North Main Street. Owner shall obtain permission from the Village Board for exterior remodeling of any type or change in color, i.e., paint, siding, or signage. No permanent banners shall be used on the exterior of a building; temporary banners shall not be used longer than 60 days for advertising. No permanent interior or exterior window painting shall be allowed. Temporary window painting shall not be used longer than 30 days. Attractive and well maintained properties enhance the Business district and provide a suitable environment for increased monetary values.
Penalty. Any person who does not comply under § 11-3-6 within the time specified shall, in addition to all other remedies available to the Village, be subject to forfeiture per § 1-1-7 in addition to the costs of prosecution. Each day a violation exists shall constitute a separate offense.
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.
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 non payment 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.
Any person violating any provisions of this section shall forfeit not less than $50 if the worthless check is for an amount equal to or less than $150 and shall forfeit not less than $100 if the worthless check is an amount greater than $150 and less than $500, together with the costs of prosecution and, in default of payment, imprisonment in the County Jail until forfeiture and costs are paid but not to exceed 60 days.
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 serving the Village of Monticello.
- LIBRARY MATERIAL
- Includes any book, plate, picture photograph, engraving, painting, drawing, map, newspaper, magazine, pamphlet, broadside, manuscript, document, letter, public record, microform, sound recording, audio-visual 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 peace 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 peace 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 library material.
Return demanded. No person shall fail, on demand, to return any library material when such demand has been made in accordance with the rules and regulations duly made and adopted by the library.
No person shall, without lawful authority, open, remove or damage any coin machine, coin telephone or other vending machine dispensing goods or services, or a part thereof, or possess a key or device specifically designed to open or break any coin machine, coin telephone or other vending machine dispensing goods or services, or possess a drawing, print or mold of a key or device specifically designed to open or break any coin machine, coin telephone or other vending machine dispensing goods or services within the limits of the Village.
In this section, coin machine means any device or receptacle designed to receive money or anything of value. The term includes a depository box, parking meter, vending machine, pay telephone, money-changing machine, coin-operated phonograph and amusement machine if they are designed to receive money or other thing of value.
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.
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.
No person except the owner of the cemetery lot or a cemetery employee shall cut, remove, injury or carry away flowers, trees, plants or vines from any cemetery lot or property; nor shall any person deface, injury or mark upon any cemetery markers, headstones, monuments, fences or structures; nor shall any person other than the owner injure, carry away or destroy any vases, flower pots, urns or other objects which have been placed on any cemetery lot.
In addition to the general penalty of this Code in § 1-1-7 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 § 11-3-1 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 of Ordinances shall prevent the Police Department from referring violations of the provisions of this Title to the District Attorney's office in the interest of justice.