Chapter 9.30
OFFENSES AGAINST PROPERTY
Sections:
9.30.010 Destruction of property prohibited.
9.30.020 Littering prohibited.
9.30.030 Abandoned refrigerators prohibited.
9.30.050 Storage of junk, etc., regulated.
9.30.060 Issuance of worthless checks.
9.30.070 Fraudulent use of financial transaction cards.
9.30.080 Damaging or tampering with coin machines.
9.30.090 Damage to public property.
9.30.010 Destruction of property prohibited.
(a) Destruction of Property. No person shall wilfully 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 school district, or to any private person, without the consent of the owner or proper authority.
(b) Parental Liability. Pursuant to Section 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 $2,500.
(c) 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. [Prior code § 9-3-1].
9.30.020 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 village, or upon property within the village owned by the school district or any private person, or upon the surface of any body of water within the village.
(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 an 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 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) of this section 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 percent 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. No person shall deposit any refuse, leaves or grass clippings in any gutter along any public street, road, alley or highway.
(d) Handbills.
(1) Scattering Prohibited. It shall be unlawful to deliver any handbills or advertising matter 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.
(2) Papers in Public Places Prohibited. It shall be unlawful to leave any handbills, advertising matter 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. [Prior code § 9-3-2].
9.30.030 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 control in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator, deep freeze locker 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. [Prior code § 9-3-3].
State law reference: Section 167.25, Wis. Stats.
9.30.040 Retail theft.
(a) Intentional Alteration of Price. 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 (f) of this section.
(b) Intentional Concealment. 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) Probable Cause Detention. 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) Definitions. As used in this section:
“Merchant” includes any “merchant” as defined in Section 402.104(1), Wis. Stats., or as hereafter amended, or any innkeeper, motelkeeper or hotelkeeper.
“Value of merchandise” means:
(1) For property of the merchant, the value of the property; or
(2) For merchandise held for resale, the merchant’s stated price of the merchandise or, in the event of altering, transferring or removing a price marking or causing a cash register or other sales device to reflect less than the merchant’s stated price, the difference between the merchant’s stated price of the merchandise and the altered price.
(e) Defense of Property. A merchant or a merchant’s adult employee is privileged to defend property as prescribed in Section 939.49, Wis. Stats.
(f) Penalty. If the value of the merchandise does not exceed $100.00, any person violating this section shall forfeit not more than $200.00. If the value of the merchandise exceeds $100.00, this section shall not apply and the matter shall be referred to the district attorney for criminal prosecution. [Prior code § 9-3-4].
State law reference: Sections 943.50 and 939.49, Wis. Stats.
9.30.050 Storage of junk, etc., regulated.
No person shall store junked or discarded property including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks, or other debris deemed unsightly by the Arena police department and which substantially depreciates property values in the neighborhood. The village clerk or Arena police department may require by written order any premises violating this section to be put into compliance within the time specified in such order and, if the order is not complied with, may have the property put into compliance and the cost thereof assessed to the property as a special tax. [Ord. dated 10/5/21 #2 § 1; Ord. dated 12/2/09. Prior code § 9-3-5].
Cross-reference: Chapter 8.30 AMC.
9.30.060 Issuance of worthless checks.
(a) Whoever issues any check or other order for the payment of money less than $500.00 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; 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 nonpayment or dishonor to pay the check or other order.
(c) This section does not apply to a post-dated check or to a check given in past consideration, except a payroll check.
(d) Any person violating any provisions of this section shall forfeit not less than $50.00 if the worthless check is for an amount equal to or less than $150.00 and shall forfeit not less than $100.00 if the worthless check is an amount greater than $150.00 and less than $500.00, 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 90 days. [Ord. dated 3/6/12 § 79. Prior code § 9-3-6].
9.30.070 Fraudulent use of financial transaction cards.
(a) Definitions. In this section:
“Alter” means add information to, change information on or delete information from.
“Automated financial service facility” means a machine activated by a financial transaction card, personal identification code, or both.
“Cardholder” means the person or organization named on the face of the financial transaction card to whom or for whose benefit the financial transaction card is issued by an issuer.
“Counterfeit” means to manufacture, produce or create by any means a financial transaction card or purported financial transaction card without the issuer’s consent or authorization.
“Expired credit card” means a financial transaction card which is no longer valid because the term shown thereon has elapsed.
“Financial transaction card” means an instrument or device issued by an issuer for the use of the cardholder in any of the following:
(1) Obtaining anything on credit;
(2) Certifying or guaranteeing the availability of funds sufficient to honor a draft or check; or
(3) Gaining access to an account.
“Financial transaction card” means any instrument or device, whether known as a financial transaction card, cash card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit or from an account.
“Issuer” means the business organization or financial institution which issues a financial transaction card or its duly authorized agent.
“Personal identification code” means a numeric, alphabetic or alphanumeric code or other means of identification required by an issuer to permit a cardholder’s authorized use of a financial transaction card.
“Receives” or “receiving” means acquiring possession or control or accepting as security for a loan.
“Revoked financial transaction card” means a financial transaction card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
(b) False Statements. No person shall make or cause to be made, whether directly or indirectly, any false statements in writing, knowing it to be false respecting his or her identity or that of any other person on his or her financial condition or that of any other person or other entity for the purpose of procuring the issuance of a financial transaction card.
(c) Theft by Taking Card.
(1) No person shall acquire a financial transaction card from the person, possession, custody or control of another without the cardholder’s consent or, with knowledge that it has been so acquired, receive the financial transaction card with intent to use it or sell it or to transfer it to a person other than the issuer. Acquiring a financial transaction card without consent includes obtaining it by conduct defined as statutory theft. If a person has in his or her possession or under his or her control financial transaction cards issued in the names of two or more other persons, it is prima facie evidence that he or she acquired them in violation of this subsection.
(2) No person shall receive a financial transaction card that he or she knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholders and retain possession thereof to transfer it to a person other than the issuer or the cardholders or to use it. The possession of such a financial transaction card for more than seven days by a person other than the issuer or the cardholder is prima facie evidence that such person intended to sell, transfer or use it in violation of this subsection.
(3) No person other than the issuer shall sell a financial transaction card. No person shall buy a financial transaction card from a person other than the issuer.
(4) No person shall obtain control over a financial transaction card as security for debt.
(5) No person, other than the issuer, may receive a financial transaction card issued in the name of another person which he or she has reason to know was taken or retained in violation of this subsection or subsection (b) of this section. Possession of a financial transaction card with knowledge or reason to know that the financial transaction card was taken or retained in violation of this subsection or subsection (b) of this section is prima facie evidence of a violation of this subsection.
(d) Forgery of Financial Transaction Card.
(1) No person shall alter or counterfeit a financial transaction card or purported financial transaction card or possess a financial transaction card or purported financial card with knowledge that it has been altered or counterfeited. The possession by a person other than the purported issuer of two or more financial transaction cards which have been altered or counterfeited is prima facie evidence that the person knew the financial transaction cards to have been so altered or counterfeited.
(2) No person other than the cardholder or a person authorized by him or her shall sign a financial transaction card. Possession by a person other than the intended cardholder or one authorized by the intended cardholder of a financial transaction card signed by such person is prima facie evidence that such person intended to defraud in violation of this subsection.
(e) Fraudulent Use.
(1) No person shall:
a. Use for the purpose of obtaining money, goods, services or anything else of value, a financial transaction card obtained or retained in violation of subsection (c) of this section or a financial transaction card which he or she knows is forged, expired or revoked; or
b. Obtain money, goods, services or anything else of value by representing without the consent of a cardholder that he or she is the holder of a specified card or by representing that he or she is the holder of a card and such card has not in fact been issued.
(2) Knowledge of revocation shall be presumed to have been received by a cardholder four days after it has been mailed to him or her at the address set forth on the financial transaction card or at his or her last-known address by registered or certified mail, return receipt requested, and if the address is more than 500 miles from the place of mailing, by mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, and Canada, notice shall be presumed to have been received 10 days after mailing by registered or certified mail.
(3) No cardholder shall use a financial transaction card issued to him or her or allow another person to use a financial transaction card issued to him or her with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value or any other person.
(4) No person may deposit a stolen or forged instrument by means of an automated financial service facility with knowledge of the character of the instrument.
(5) No person may knowingly receive anything of value from a violation of subsection (e)(4) of this section.
(f) Fraudulent Use – Other Persons.
(1) No person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a financial transaction card by the cardholders or any agent or employee of such person shall furnish money, goods, services or anything else of value upon presentation of a financial transaction card obtained or retained under circumstances prohibited by subsection (c) of this section or a financial transaction card which he or she knows is forged, expired or revoked.
(2) No person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a financial transaction card by the cardholders or any agent or employee of such person shall fail to furnish money, goods, services or anything else of value which he or she represents in writing to the issuer that he or she has furnished.
(3) No person other than the cardholder shall possess an incomplete financial transaction card without the consent of the issuer. A financial transaction card is “incomplete” if part of the matter, other than the signature of the cardholder which an issuer requires to appear on the financial transaction card before it can be used by a cardholder has not yet been stamped, embossed, imprinted or written on it.
(4) No person shall receive money, goods, services or anything else of value obtained under circumstances prohibited by this section, knowing or believing that it was so obtained. Any person who obtains at a discount price a ticket issued by an airline, railroad, steamship or other transportation company which was acquired under circumstances prohibited by this section without reasonable inquiry to ascertain that the person from whom it was obtained had a legal right to possess it shall be presumed to know that such ticket was acquired under circumstances prohibited by this section.
(g) Defenses Not Available. In any prosecution for violation of this section, it is not a defense:
(1) That a person other than the defendant has not been convicted, apprehended or identified; or
(2) That some of the acts constituting the crime did not occur in this state or were not a crime or elements of a crime where they did occur. [Ord. dated 3/6/12 §§ 80, 81. Prior code § 9-3-7].
9.30.080 Damaging or tampering with coin machines.
(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, coin-operated phonograph and amusement machine if they are designed to receive money or other thing of value. [Prior code § 9-3-9].
9.30.090 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 injuring, damaging or defacing any public building, sidewalk or other public property in the village.
(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. [Prior code § 9-3-10].
9.30.100 Penalties.
In addition to the general penalty of this code in AMC 1.05.060 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 AMC 9.30.010 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. [Prior code § 9-3-11].