Chapter 9.10
OFFENSES AGAINST PROPERTY
Sections:
9.10.010 Obstructing streets and sidewalks prohibited.
9.10.020 Destruction of property prohibited.
9.10.050 Receiving stolen property under $2,499.
9.10.055 Penalty for violating ETMC 9.10.040 and/or 9.10.050.
9.10.060 Criminal damage to property.
9.10.010 Obstructing streets and sidewalks prohibited.
No person shall stand, sit, loaf or loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Town in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or to prevent or hinder free ingress or egress to or from any place of business or amusement, church, public hall or meeting place. (2008 code § 9.04)
9.10.020 Destruction of property prohibited.
No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature belonging to the Town or its departments, or give such property to any private person, without the consent of the owner or proper authority. (2008 code § 9.18)
9.10.030 Trespass.
1. In the Town of East Troy, no person shall:
a. Enter upon or remain upon, or cause any object to be deposited or placed upon, any lands of another without express consent of the owner or lawful occupant of the land.
b. Enter any enclosed or cultivated land of another with intent to catch or kill any birds, animals or fish on the land or gather any products of the soil without the express consent of the owner or occupant to engage in any of those activities.
c. Hunt, shoot, fish or gather any product of the soil with intent to do any of the foregoing without first obtaining the express consent of the owner or lawful occupant of the land.
d. Enter any enclosed or cultivated land of another with a vehicle of any kind without the express consent of the owner or lawful occupant of the land.
2. In the Town of East Troy, no person shall erect on the land of another any sign without obtaining the express consent of the owner or lawful occupant of the land. (2008 code § 9.25)
9.10.040 Theft.
1. No person shall, with intent to deprive the owner permanently of possession, take or carry away, use, transfer, conceal or retain possession of movable property of another without his or her consent.
2. Definitions.
a. “Property” means all forms of tangible property, whether real or personal, without limitation including electricity, gas and documents, which have a value of $2,499 or less.
b. “Movable property” 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.
c. “Value” means the market at the time of the theft or the cost to the victim of replacing the property within a reasonable time after the theft, whichever is less, but if the property stolen is a document evidencing a chose in action or other intangible rights, value means either the market value of the chose in action or other right or the intrinsic value of the document, whichever is greater. If they 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.
d. “Property of another” 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. (Ord. 2023-9 § 1; 2008 code § 9.28)
9.10.050 Receiving stolen property under $2,499.
No person shall intentionally receive or conceal stolen property having a value of $2,499 or less. (Ord. 2023-10 § 1; 2008 code § 9.29)
9.10.055 Penalty for violating ETMC 9.10.040 and/or 9.10.050.
The violation of ETMC 9.10.040 (Theft) and/or 9.10.050 (Receiving stolen property under $2,499) shall be considered a Class B Forfeiture with a fine of $1,000 per Wis. Stat. § 939.52, which is adopted herein in its entirety. (Ord. 2023-11 § 1)
9.10.060 Criminal damage to property.
Whoever intentionally causes damage to any physical property of another without the person’s consent shall be subject to a forfeiture of no less than $100.00 nor more than $1,000 in addition to the costs of prosecution and in default of the payment of said forfeiture and costs of prosecution may be imprisoned in the county jail until said forfeiture and costs are paid, but not to exceed 90 days. (2008 code § 9.38)