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 books.

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 books.

A.    Return Required. No person shall fail, on demand, to return any book, periodical, pamphlet or other article of property belonging to or in charge of the Brookfield Public Library, according to the rules and regulations duly made and adopted by the library board. If the person is under fourteen (14) years of age and the parent or guardian thereof has signed the card application accepting responsibility for said person, any citation issued shall be issued to the parent or guardian of the person.

B.    Unlawful Taking Prohibited.

1.    No person shall take or remove from the library any of the aforesaid materials or property without first having it charged out to him as provided by said rules and regulations.

2.    Whoever intentionally takes and carries away, transfers, conceals or retains possession of the aforesaid materials and property without the consent of the library staff and with intent to deprive the library permanently of the possession thereof may be penalized hereunder. The intentional concealment thereof which continues beyond the checkpoint of the library is evidence to deprive the library permanently of possession of such materials and property. The discovery thereof upon the person or among the belongings of such person or of another is evidence of intentional concealment.

3.    A library staff member 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 police officer or to his parent or guardian in the case of a minor. The detained person must promptly be informed of the purpose of his detention and permitted to 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. Library staff members complying with this section shall entitle them to the same defense in any action as is available to a peace officer making an arrest in the line of duty.

C.    Removal of Charge Card Pocket Prohibited. No person shall remove the charge card pocket, or charge card, affixed to the inside cover of a library book.

D.    Mutilation of Library Materials is Prohibited. No person shall mutilate or damage a library book or library materials by tearing or cutting out pages, portions or excerpts, or in any other manner, but shall return the book or material in the same condition it was received.

E.    Library Book Fine To Be Paid. No person shall fail to pay, on demand, any library book fine.

F.    Penalty. Violations of this section shall be subject to the penalties of Chapter 1.12. (Prior code § 9.23)

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)