(a) Trespass to land. No person shall enter or remain on any land after having been notified by the owner or lawful occupant thereof not to remain on the premises. Further, no person shall enter or remain on any land upon which they are not lawfully present.
(b) Trespass to dwelling. No person shall enter the dwelling of another without the consent of some person lawfully upon the premises. DWELLING shall include, but is not limited to, a structure or part of a structure that is used or intended to be used as a home or residence by one or more persons to the exclusion of all others, whether or not currently occupied by a resident.
(c) Removal of trespassers. If a law enforcement officer has probable cause to believe that a person has violated Wis. Stats. § 943.14, then the law enforcement officer shall remove that person from the premises. The law enforcement officer may exercise his or her discretion in determining whether to issue said person a citation under this section or to make an arrest for a violation of Wis. Stats. § 943.14.
(d) Tenants not trespassers. Notwithstanding anything herein to the contrary, tenants shall not be considered trespassers and are not subject to removal under this section. TENANT means a person occupying, or entitled to present or future occupancy of a dwelling under a rental agreement, whether written or oral, and includes persons occupying dwellings under periodic tenancies and tenancies at will.
(e) Compliance with standard operating procedure. Law enforcement officers shall at all times enforce this section in accordance with the standard operating procedure entitled “LAND LORD-TENANT ISSUES/UNWANTED GUEST AND CRIMINAL TRESPASS” adopted by the Village Board of Trustees on February 20, 2017.
(f) Enforcement. Any person who violates any provision of this section or fails to comply therewith, shall be punishable by a forfeiture as prescribed in § 1-1-6.
(Ord. passed - -2017)