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 Orfordville.
B.
Breaking of streetlamps or windows. No person shall
break glass in any streetlamps 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.
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 Village or of any private person
or the surface of any body of water within the Village of Orfordville.
B.
Litter from conduct of commercial enterprise.
(1)
Scope. The provisions of this Subsection B 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 Village shall arrange to have the same picked up by Village 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 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.
C.
Dumping of refuse and grass in gutters. Except for
temporary placement up to 12 hours, no person shall deposit any refuse,
leaves or grass clippings in any gutter along any public street, road,
alley or highway.
D.
Depositing of materials prohibited. Except as provided in Subsection C, it shall be unlawful for any person to deposit or 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 Village 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 for properly marking or barricading 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 Village
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.
(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
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 agent and is securely locked or fastened.
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.
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 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 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.
D.
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.
A.
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.
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;
(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.
C.
This section does not apply to a postdated check or
to a check given in past consideration, except a payroll check.
E.
Once a worthless check is submitted to the Orfordville
Police Department for collection and/or prosecution, an additional
fee of $30 shall be charged.
[Added 3-13-2006]
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
serving the Village of Orfordville.
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 Chapter 1, General Provisions, § 1-5 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.
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 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.
E.
Damaging material prohibited. No person shall mar,
deface or in any other way damage or mutilate any library material.
F.
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.
A.
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.
B.
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, and coin-operated phonograph and amusement
machine if they are designed to receive money or other thing of value.[1]
A.
Purpose and definition. In order to protect cemetery
areas within the Village 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 Village of Orfordville.
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. 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, 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 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 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.
(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)
Alcohol beverages prohibited. No person shall
consume or have in his possession any open container containing an
alcohol beverage upon any cemetery property within the Village 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, "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 Chapter 1, General Provisions, § 1-5 or any other penalty imposed for violation of any section of this article, 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 § 240-17 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 the Police Department from referring violations of the provisions of this chapter to the District Attorney's office in the interest of justice.
