[Adopted as §§ 11-3-1, 11-3-3 to 11-3-8, 11-3-10
to 11-3-12, of the 2012 compilation of ordinances, as amended through 5-22-2013]
A.
Destruction of property. No person shall willfully injure or intentionally
deface, destroy, or unlawfully remove or interfere with any property
belonging to the Village of Winneconne, the 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 Village 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 minor shall be liable for the damage
of property caused by the willful, malicious or wanton act of such
child.
C.
Penalty provisions.
(1)
Any person 17 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.
(2)
Any person 14 years of age through 16 years of age shall be subject
to forfeiture and any other applicable penalty provided by § 938.344,
Wis. Stats., as that section may exist, be amended or changed.
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 Village of Winneconne and school libraries.
Includes any book, plate, picture photograph, engraving,
painting, drawing, map, newspaper, magazine, pamphlet, broadside,
manuscript, document, letter, public record, equipment, DVD, 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.
(1)
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 forfeiture
as provided by the general penalty provisions of this Code.
(2)
The failure to return library material after its proper return date,
after written notice from the library and Police Department, or the
failure to pay for such lost or damaged material, 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.
(3)
No person shall be charged with a violation of this section unless
such person is provided written notice signed by a library official,
agent or employee setting forth the following:
(a)
A reasonable description of the library materials;
(b)
The date that the library materials were due to be returned;
(c)
The final date by which either the library materials are to
be returned or paid for, or a written explanation made to the library
that the library materials are incapable of being returned because
they are lost or destroyed (the person remains responsible for such
costs).
(4)
In lieu of a "theft" charge, and after no response to official notices,
persons may have their library account turned over to a collection
agency. Further failure to respond will result in placement of an
"unpaid debt" notice on their nationwide credit reports.
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 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 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.
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 determined by Village Board.
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 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
determined by Village Board.
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 Village of Winneconne.
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 Village.
C.
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.
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 C.
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/her presence
may detain such person in a reasonable manner for a reasonable length
of time to deliver him/her to a law enforcement officer, or to his/her
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/she shall not be interrogated or searched against his/her 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/her 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.
A.
Violations. 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.
B.
Prima facie evidence. 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 non-payment
or dishonor to pay the check or other order.
C.
Exceptions. This section does not apply to a post-dated check or
to a check given in past consideration, except a payroll check.
D.
Returned check fee. In the event a person issues a check to the Village,
and does not have sufficient funds or credit such that the check is
returned unpaid, such person shall pay the check or other order and
shall also pay a fee as determined by the Village Board representing
the cost of additional administrative expense which results from nonpayment
of the original obligation.
E.
Penalties.
(1)
In addition to any other penalties as determined by Village Board,
a Municipal Judge may order a violator of this section to pay restitution
to a victim. In determining the method of payment the Court shall
consider the financial resources and future ability of the violator
to pay. The court shall provide for payment of an amount equal to
the pecuniary loss caused by the offense. Upon the application of
an interested party, the Court shall schedule and hold an evidentiary
hearing to determine the value of the victim's pecuniary loss resulting
from the offense. A victim may not be compensated under this section
and under § 943.245, Wis. Stats.
(2)
In this section, "pecuniary loss" means:
(a)
All special damages, but not general damages, substantiated
by evidence in the record, which a person could recover against the
violator in a civil action arising out of the facts or events constituting
the violator's criminal activities, including, without limitation
because of enumeration, the money equivalent of loss resulting from
property taken, destroyed, broken or otherwise harmed and out-of-pocket
losses, such as medical expenses; and
(b)
Reasonable out-of-pocket expenses incurred by the victim resulting
from the filing of charges or cooperating in the investigation and
prosecution of the offense.
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.
A.
Acts. Whoever does any of the following may be penalized as provided in § 1-3 of this Code of Ordinances:
(1)
Intentionally takes and carries away, uses, transfers, conceals or
retains possession of movable property of another without his/her
consent and with intent to deprive the owner permanently of possession
of such property.
(2)
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/her 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/her own use within the meaning of this subsection.
(3)
Having a legal interest in movable property, intentionally and without
consent, take such property out of the possession of the pledgee or
such other person having a superior right of possession with intent
thereby to deprive the pledgee or other person permanently of the
possession of such property.
(4)
Obtains title to property of another by intentionally deceiving him/her
with a false representation which is known to be false, made with
intent to defraud, and which does defraud the person to whom it is
made. "False representation" includes a promise made with intent not
to perform it if it is a part of a false and fraudulent scheme.
(5)
Intentionally fails to return any personal property which is in his/her
possession or under his/her control by virtue of a written lease or
written rental agreement, within 10 days after the lease or rental
agreement has expired.
B.
MOVABLE PROPERTY
PROPERTY
PROPERTY OF ANOTHER
VALUE
Definitions. The following definitions shall be applicable in this
section:
Is property whose physical location can be changed, without
limitation, including electricity and gas, documents which represent
or embody intangible rights, and things growing on or affixed to or
found in land.
All forms of tangible property, whether real or personal,
without limitation including electricity, gas and documents which
represent or embody a choice in action or other intangible rights.
Includes property in which the actor is a co-owner and property
of a partnership of which the actor is a member unless the actor and
the victim are husband and wife.
The market value at the time of the theft or the cost to
the victim of replacing the property within the reasonable time after
the theft, whichever is less, if the property stolen is a document
evidencing a choice in action or other intangible right; value means
either the market value of the choice in action or other right or
the intrinsic value of the document, whichever is greater. If the
thief gave consideration for or had a legal interest in the stolen
property, the amount of such consideration or value of such interest
shall be deducted from the total value of the property.
A.
Prohibited acts. Any person who, with intent to defraud, does any
of the following shall be guilty of violating this section:
(1)
Intentionally absconds without paying rent that has been contractually
agreed upon in an oral or written lease with a landlord. Prima facie
evidence of intentionally absconding will be established if a tenant
fails to pay rent due prior to the vacating of the rental premise
by the tenant, and the nonpayment of said rent continues for a period
of five days after vacation of the premise; or
(2)
Issues any check, money order or any other form of bank or monetary
draft as a payment of rent, where such document lacks sufficient funds,
where the account is closed, or where, such draft is unredeemable
in any other form or fashion. Prima facie evidence of intention to
defraud will be established if a tenant fails, within five days of
a written demand by the landlord or agent, to pay in full the total
amount of the draft presented as rent payment plus any bank charges
to the landlord attributable to the unredeemability of the draft.
B.
Applicability. This section shall apply to rental agreements between
residential landlords and tenants only. The words and terms used in
this section shall be defined and construed in conformity with the
provisions of Chapter ATCP 134, Wis. Adm. Code, Chapter 704, Wis.
Stats., and § 990.001(1), Wis. Stats. The act of service
by a landlord of a legal eviction notice or notice to terminate tenancy
shall not, in itself, act as a bar to prosecution under this section.
C.
Procedure. An officer may issue a citation only when the complainant
provides the following:
(1)
The name and current address of the tenant, a copy of the subject
lease agreement, or sworn testimony of the terms of the subject oral
lease.
(2)
The amount of rent due, the date it was due, the date the tenant
actually vacated the premise, and testimony that the rent remained
unpaid for not less than five days after vacating and that the tenant
did not notify or attempt to notify the complainant of the tenant's
new address, or that the tenant knowingly gave the complainant a false
address.
(3)
As to an unredeemable payment, the document used for attempting rent
payment, the written demand for payment of the full amount plus bank
charges, proof that the tenant received the written demand, and testimony
that at least five days have elapsed since the demand was received
and no payment has been made.
A.
GRAFFITI
Definition. As used in this section, the following terms shall have
the meanings indicated:
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 393 of this Code, affecting peace and safety. Graffiti is deemed to be a public nuisance not only because it offends the aesthetic sensibilities of the community but because it may indicate the presence of gang activity or encourage gang activity and rivalry. It shall be the duty of every owner, lessee or occupant to promptly remove or obliterate graffiti on any building, fence, structure, parking lot or walkway over which the owner, occupant or lessee has control.
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 or removing or covering such graffiti
in addition to any fines imposed for violating this section. The parents
of any unemancipated 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 them by the Police Department to remove or cover
such graffiti.
(2)
In the event any owner fails to comply with the above-mentioned notice,
the Police Department 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.
