No person in the city shall:
A. Against Public And Private Property:
1. Injury Or Removal: Wilfully, maliciously, wantonly or intentionally injure, deface, destroy or remove real property or improvements thereto, or movable or personal property, belonging to the city or to any person in the city.
2. Littering Or Depositing Of Refuse: Violate any provisions of section 287.81, Wisconsin statutes; provided, however, that no person may deposit solid waste in any receptacle referred to at section 287.81(3)(a), Wisconsin statutes, in violation of section 7-4-1 of this code, or without the prior consent of the owner or lessee of the receptacle.
3. Posting Notices: Fasten in any way any show card, posters or other advertising device upon public or private property in the city unless legally authorized to do so.
B. Against Public Property:
1. Tampering: Tamper with, injure, deface, destroy or remove any sign, notice, marker, fire alarm box, fire hydrant, topographical survey monument or any other personal property erected or placed in the city.
2. Obstructing Passageways: Place or erect upon public way or passageway to any building an obstruction of any type, provided that this subsection shall not prevent the duly authorized or required placing of temporary barriers or warning signs for the purpose of safeguarding the public.
3. Removal Of Earth: Move, disturb or take any earth, stone or other material from any public street, alley, park or other public ground.
C. Against Retail Theft:
1. Sections 943.50 (1), (1m), (2) and (3), Wisconsin statutes, are hereby adopted and by reference made a part of this chapter as if fully set forth herein.
2. Violation of this subsection shall be subject to a forfeiture of not less than twenty dollars ($20.00) and the costs of the action and not more than one hundred dollars ($100.00) and the costs of the action for the first offense; and not less than twenty dollars ($20.00) and costs of the action and not more than two hundred dollars ($200.00) and the costs of the action for each and every subsequent offense. The violator may also be required to pay restitution pursuant to section 942.50(5), Wisconsin statutes.
D. Against Obtaining Services By Fraud:
1. Intent: Whoever with intent to defraud, obtains or attempts to obtain telecommunication service, cable TV service, sewer service, or water service, by any of the following means may be penalized as provided in subsection D3 of this section:
a. Rearranging, tampering with or making connection with any facilities or equipment.
b. Using any contrivance, device or means to avoid payment of the lawful charges in whole or in part, for such service.
c. Charging such service to an existing subscriber without the consent of the subscriber thereto, or the legitimate holder thereof.
2. Applicability: This subsection shall apply when the said services either originate or terminate, or both, in this city, or when the charges for said services would have been liable, in normal course, by a person providing said services in this city, but for the fact said services were obtained, or attempted to be obtained, by one or more of the means set forth in subsection D1 of this section. (1975 Code Ch. 11 § X)
3. Penalty: Violation of this subsection shall be subject to a forfeiture of not less than twenty dollars ($20.00) and the costs of the action and not more than one hundred dollars ($100.00) and the costs of the action for the first offense; and not less than twenty dollars ($20.00) and the costs of the action and not more than two hundred dollars ($200.00) and the costs of the action for each and every subsequent offense. (1975 Code Ch. 11 § X; amd. 2009 Code)
E. Against Noxious Weeds:
1. Every owner or occupant of any premises in the city shall destroy any growth of noxious weeds of a height of nine inches (9") or over on such premises. "Noxious weeds", for purposes of this chapter, shall include Canada thistle, leafy spurge, field bindweed (creeping Jenny) and such other rank vegetable growth which exhales unpleasant and noxious odors and any other vegetation commonly known as weeds. This subsection shall also apply to the boulevard in front of or along any premises.
2. The provisions of section 66.0407, Wisconsin statutes, are hereby adopted and made a part of this subsection as if fully set forth herein.
3. A weed commissioner, as provided for in subsection 1-7-1A of this code, shall enforce the provisions of this and the following subsection.
4. Each and every day that this subsection is violated shall constitute a separate offense for which a forfeiture may be imposed.
F. Against Excessive Lawn Height:
1. Definitions:
LAWN: Shall include grasses or brush or other ground cover.
YARD: A maximum open space of ten thousand (10,000) square feet at grade on the same lot as a building or structure located between the building and the adjoining lot line and/or street line regardless of how the property is zoned or for what purpose the property is used. "Yard" shall also include any land which is: a) zoned as single-family residential, limited multiple residential or multiple residential; b) has no structures or buildings located thereon; and c) is not under agricultural cultivation.
2. Ground Cover: Yards shall be provided with adequate lawn, ground cover or vegetation, hedges or bushes. All areas which are not covered by vegetation shall be treated to prevent the blowing or scattering of dust particles into the air.
3. Maintenance:
a. Every owner or occupant of any premises containing a “yard” that has a “lawn”, as those terms are defined above, shall cut and maintain such lawn at a height not exceeding nine inches (9") on such premises as well as any adjacent boulevard.
b. The mayor shall, annually, on or before June 1, cause to be published in the official newspaper a notice, once each week for two (2) successive weeks, to the effect that lawns are required to be cut and maintained as provided in this subsection, and that if lawns are not cut and maintained, action will be taken pursuant to this subsection. At no time thereafter shall lawns on such yards exceed nine inches (9") in height.
c. This subsection shall be enforced as to all lawns in such yards, from June 1 through October 31 of each year, where it is privately or publicly owned. Each and every day that this subsection is violated shall constitute a separate offense for which a forfeiture may be imposed.
4. Waiver: The weed commissioner may waive the provisions of this subsection, in whole or in part, when in the commissioner's opinion, such waiver shall not detract from the aesthetics of an area, create a nuisance, or be otherwise objectionable or because such waiver is warranted because enforcement of this subsection would pose practical difficulties due to topographical conditions or geological conditions. Denial of such a waiver may be appealed to the plan commission, provided that said appeal is in writing and is filed in the office of the city clerk no later than ten (10) calendar days following denial.
G. Against Worthless Checks Or Other Orders:
1. Issue any checks or other order for the payment of money less than five hundred dollars ($500.00) which at the time of issuance he or she intends shall not be paid.
2. Any of the following is prima facie evidence that the person at the time he or she issued the check or other order for the payment of money intended it should not be paid:
a. Proof that at the time of issuance the person did not have an account with the drawee.
b. 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 (5) days after receiving notice of nonpayment or dishonor to pay the check or order.
c. 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 (5) days after receiving notice of nonpayment or dishonor to pay the check or other order.
3. This subsection does not apply to a postdated check or to a check given for past consideration, except a payroll check.
4. Any person who violates this subsection is subject to a forfeiture of not more than two hundred dollars ($200.00) as well as being required to pay restitution for pecuniary loss as per section 943.24(5), Wisconsin statutes.
H. Against Theft Of Library Materials:
1. Sections 943.61(1), (2), (3) and (4), Wisconsin statutes, are hereby adopted and by reference made a part of this subsection as if fully set forth herein.
2. Violators of this subsection shall be subject to a forfeiture of not less than twenty dollars ($20.00) and the costs of the action and not more than one hundred dollars ($100.00) and the costs of the action.
I. Against Feeding Of Deer:
1. Artificial Feeding Of Whitetail Deer: No person shall engage in the artificial feeding of whitetail deer except as set forth in subsection I2 of this section. "Artificial feeding of whitetail deer" shall be defined as the placement, on the ground or in or on feeders, mangers or other types of structures or receptacles on any private or public property, of any salt, mineral, grain, fruit or vegetable matter for the purpose of feeding whitetail deer.
2. Exceptions: The above prohibition shall not apply to:
a. Persons conducting deer management practices authorized by the city.
b. Deer feeding at Lions game park.
c. Cultivation of naturally growing grains, fruits or vegetable matter, including gardens that may also serve as food for whitetail deer.
d. Use of bird feeders, or their functional equivalent, for the sole purpose of the feeding of birds.
(1975 Code Ch. 11 § X; amd. Ord. 2023-19, 6-19-2023)