Chapter 9.12
PROPERTY OFFENSES

Sections:

9.12.010    Obstructing streets and sidewalks prohibited.

9.12.020    Destruction of property prohibited.

9.12.030    Littering prohibited.

9.12.040    Open cisterns, wells, basements or other dangerous excavations prohibited.

9.12.050    Abandoned or unattended iceboxes prohibited.

9.12.060    Library materials.

9.12.070    Residential picketing prohibited.

9.12.080    Penalty for violation of this chapter.

9.12.010 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 city 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. (Prior code § 9.04)

9.12.020 Destruction of property prohibited.

A.    No person shall wilfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property belonging to the city or its departments, or to any private person without the consent of the owner or proper authority.

B.    In addition to any penalty imposed for violation of subsection A of this section, any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent or parents of any unemancipated minor child who violates said subsection may also be held liable for the costs of replacing or repairing such damaged or destroyed property in accordance with Section 895.035, Wisconsin Statutes. (Prior code § 9.15, 9.40(2))

9.12.030 Littering prohibited.

No person shall throw any glass, garbage, rubbish, waste, slop, dirty water or noxious liquid, entrails or offal, or other litter or unwholesome substance upon the streets, alleys, highways, public parks or other property of the city or upon any private property not owned by him or upon the surface of any body of water within the city. (Ord. 2359-14 § 3, 2014: prior code § 9.16)

9.12.040 Open cisterns, wells, basements or other dangerous excavations prohibited.

No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fenced in such manner as to prevent injury to any person and any cover shall be of a design, size and weight that the same cannot be removed by small children. (Prior code § 9.19)

9.12.050 Abandoned or unattended iceboxes 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 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 the 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. (Prior code § 9.20)

9.12.060 Library materials.

A.    Definitions.

“Library materials” means 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, artifacts or other documentary, written or printed materials, regardless of physical form or characteristics, belonging to or in charge of the Brookfield Public Library.

“Library rules” means the Brookfield Public Library’s policies and procedures.

B.    Return Required. A person shall return any library materials according to the library rules.

C.    Unlawful Taking Prohibited. The terms and provisions of Sections 943.61(2) through (4), Wisconsin Statutes, as they are hereby amended from time to time, are hereby incorporated by reference as if fully set forth herein.

D.    Mutilation of Library Property Prohibited.

1.    A person shall not remove the security tag affixed to any part of library materials or their protective covering.

2.    A person shall not mutilate or damage any library materials by tearing or cutting out pages, portions or excerpts, or in any other manner, but shall return the library materials in the same condition they were received.

E.    Library Property Fine to Be Paid. A person shall pay any library fees owed or imposed on any library materials according to the library rules. (Ord. 2843-23 § 1, 2023)

9.12.070 Residential picketing prohibited.

A.    The protection and preservation of the home is the keystone of democratic government; the public health and welfare and the good order of the community require that members of the community enjoy, in their homes and dwellings, a feeling of well being, tranquility and privacy and, when absent from their homes and dwellings, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes and dwellings; the practice of picketing before or about residences and dwellings causes emotional disturbance and distress to the occupants, obstructs and interferes with the free use of public sidewalks and public ways of travel; such practice has as its object the harassing of such occupants and, without resort to such practice, full opportunity exists, and under the terms and provisions of this section, will continue to exist for the exercise of freedom of speech and their constitutional rights; and that the provisions hereinafter enacted are necessary for the public interest to avoid the detrimental results herein set forth and are enacted by the council pursuant to the provisions of Section 62.11(5), Wisconsin Statutes.

B.    It is unlawful for any person to engage in picketing before or about the residence or dwelling of any individual in the city. (Prior code § 9.24)

9.12.080 Penalty for violation of this chapter.

Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2552-19 § 6, 2019)