§ 133.01 THEFT AND RELATED OFFENSES.

(A) Petit larceny. PETIT LARCENY is the taking of personal property of a value not exceeding $500 accomplished by fraud or stealth and with intent to deprive another thereof, but it does not include the taking of such property from the person of another. Petit larceny is unlawful, and any person who commits larceny shall be guilty of a misdemeanor. Any written evidence of debt, and written order or promise for the payment of money or delivery of goods, public security, or passage ticket though the same has never been issued or delivered by the makers thereof to any person or purchaser, and any personal property are the subjects of larceny. Any fixture or part of realty, the instant it is severed from realty, becomes a personal property and when the same is of the value of $500 or less, is the subject of larceny within the meaning of this section. One who finds lost property of the value of $500 or less, under circumstances which give him or her knowledge or means of inquiry as to the true owner, and who appropriates such property to his or her own use, or to the use of another person who is not entitled thereto, without having first made such effort to find the owner and restore the property to him or her as the circumstances render reasonable and just, is guilty of larceny.

(B) Larceny by false pretense. Every person who, with intent to cheat and defraud, shall obtain or attempt to obtain from any person, firm, or corporation any money, property, or valuable thing, of a value less than $500, by means or by use of any trick or deception, or false or fraudulent representation or statement or pretense, or by any other means or instruments or device commonly called the “confidence game,” or by means or use of any false or bogus checks, or by any other written or printed or engraved instrument or spurious coin, shall be guilty of the misdemeanor of larceny by false pretense.

(C) Possession of stolen property. It is unlawful for any person to buy, receive, or bring into the municipality any property which he or she knows has been stolen.

(Prior Code, § 10-201) Penalty, see § 10.99

§ 133.02 INJURING AUTOMOBILES AND OTHER VEHICLES.

It is unlawful for any person to start, otherwise meddle with, molest, enter, occupy, loiter in, or injure any automobile or other vehicle belonging to another, without the consent of the owner or person in charge thereof.

(Prior Code, § 10-202) Penalty, see § 10.99

§ 133.03 DESTROYING OR INJURING BUILDINGS AND OTHER PROPERTY.

It is unlawful for any person to destroy, injure, deface, besmear, or molest any structure, building, outbuilding, fence, or any other property, real or personal, public or private, belonging to another; or to use any such property wrongfully to the detriment of the owner or other person entitled to its use; or to interfere wrongfully with the use of any such property by its owner or any other person entitled to its use.

(Prior Code, § 10-203) Penalty, see § 10.99

§ 133.04 PLACING SIGNS ON PROPERTY OF ANOTHER.

It is unlawful for any person to place, stick, tack, paste, post, paint, mark, write, or print any sign, poster, picture, announcement, advertisement, bill placard, device, or inscription upon any public or private real estate, building, fence, sidewalk, bridge, viaduct, post, automobile, other vehicle or other property of another, without the consent of the owner or person in charge thereof.

(Prior Code, § 10-204) Penalty, see § 10.99

§ 133.05 THROWING OR SHOOTING AT PERSONS ON PROPERTY.

It is unlawful for any person to throw or shoot any stone, shot, or other object into or across any street or alley, or in any place where he or she is likely to hit another person wrongfully or to injure property, or to throw or shoot any stone, shot, or other object at any person, vehicle, structure, electric light, or other property of another (whether public or private), except in case where such is done in defense of oneself, of another person, or of property.

(Prior Code, § 10-205) Penalty, see § 10.99

§ 133.06 TAMPERING WITH OR DAMAGING PUBLIC UTILITIES.

It is unlawful for any person to connect or attach any kind of pipe, wire, or other contrivance to any pipe, line, wire, or other conductor carrying gas, water, sewer, or electricity and belonging to a utility company (whether publicly or privately owned), in such a manner as to enable him or her to consume or use the gas, water, sewer, or electricity without it passing through the meter or any other way so as to evade payment therefor. It is also unlawful for any person to damage, molest, tamper with, or destroy any pipe, line, wire, meter, or other part of any utility company’s property, including any telegraph or telephone system.

(Prior Code, § 10-206) Penalty, see § 10.99

§ 133.07 UNLAWFUL INTRUSION UPON LAND.

It is unlawful for any person to intrude or squat upon any lot or piece of land within the town without a license or authority from the owner thereof, or to erect or occupy thereon any hut, hovel, shanty, or other structure without such license or authority, or to place, erect, or occupy within the bounds of any street, alley, or avenue of the town any hut, shanty, hovel, or other structure without authority of law or ordinance.

(Prior Code, § 10-207) Penalty, see § 10.99

§ 133.08 ILLEGAL ENTRANCE.

It is illegal for any person to enter upon the property of another or into an area or structure on such property (whether such property, area, or structure is public or private), when such entrance is plainly forbidden by signs or any notice or when the property, area, or structure is enclosed, except when such entrance is in line of duty, or with the expressed, or tacit consent of the owner or person in charge, or otherwise by authority of law or ordinance. It is unlawful for any person to remain on the property of another after having been given notice, written or verbal, to leave by the owner or person in charge.

(Prior Code, § 10-208) Penalty, see § 10.99

§ 133.09 THROWING ADVERTISING ON STREET PROHIBITED.

It is unlawful for any person to throw, leave, or deposit, or cause to be thrown, left, or deposited, upon any street, alley, sidewalk, or other public area, any handbill, circular, or other advertising matter.

(Prior Code, § 10-209) Penalty, see § 10.99

§ 133.10 THROWING INJURIOUS SUBSTANCES.

It is unlawful for any person to purposely or premeditatedly put or throw upon the person or property of another, or upon any animal, any acid, corrosive, or other irritating or harmful substance, or human or animal waste or urine, with intent to injure, damage, deface, or harass the person, property, or animal.

(Prior Code, § 10-210) Penalty, see § 10.99

§ 133.11 INJURY TO PLANTS AND TREES.

(A) It is unlawful for any person to willfully and without authority cut, pull, pluck, or otherwise injure any flowers, flowering plants, shrubs, bushes, or trees growing in or around any park or public street within the town, or willfully or without authority to tear down, remove, cut, or otherwise injure or destroy any gate or fence enclosing any such park or ground, or willfully injure or destroy any stand, bench, seat, or other property situated upon such park or ground.

(B) Any person violating this section, upon conviction, shall be deemed guilty of an offense.

(Prior Code, § 10-211) Penalty, see § 10.99

§ 133.12 PUBLIC STREETS AND TREES.

It is unlawful for any person to:

(A) Willfully or wantonly cut, deface, or in any way injure any tree or sapling standing or growing in any of the streets, alleys, or public places within the town;

(B) Attach any guy wires, telephone, telegraph, or electric wire, or any wire to any live tree;

(C) Dig any hole, ditch, or trench in any public street, road, avenue, or alley, or any other public premises or ground within, belonging to, or under the supervision or control of the town; and/or

(D) Take or remove any dirt, earth, or any substance from any street, road, alley, or other public place in the town; or to cut, break, or otherwise injure any pavement, curb, or gutter therein, or connect any driveway to any street or other public place without first securing permission from the town inspector so to do. Any such digging, removing, or driveway connection shall be done under the supervision of the Town Manager or his or her designee.

(Prior Code, § 10-212)

§ 133.13 TRESPASS AND RELATED OFFENSES.

(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PRIVATE PROPERTY. Any property other than public property.

PUBLIC PROPERTY. The property which is dedicated to public use and over which the federal, state, or municipal government or any subdivision thereof exercises control.

TRESPASS. Each and every actual entry upon the premises of an owner or other person in lawful possession of the premises without the express or the implied consent of the owner or other person in lawful possession. TRESPASS shall also mean remaining upon the premises of an owner or other person in lawful possession after having been told to leave the premises by the owner, or the agent, or employee of the owner, or other person in lawful possession of the premises. TRESPASS shall also mean the act of entering upon or remaining on private property when such is plainly forbidden by signs, markings, or otherwise, by verbal command of the owner, his or her agent, or employee, or after having been directed to do so by a police officer. TRESPASS shall also mean the act of returning to private property before the posted time of opening for business operation on the next business day after having been directed to vacate such premises under the terms of this section. The provisions of this definition shall not apply to persons, including employees, whose presence upon such premises is authorized by the owner or by a person in lawful possession of such premises nor shall the provisions of this sentence apply unless hours of business operations are posted upon such premises.

(B) It is unlawful and an offense for any person to commit a trespass within the town upon either public or private property.

(C) Other violations shall include:

(1) In addition to the acts specified in the definition of TRESPASS in division (A) above, any of the following acts by any person shall be deemed a violation of this section:

(a) The doing of an injury or misfeasance to the person of another;

(b) The doing of any injury or misfeasance to the property of another when done with force or violence, either actual or implied;

(c) Each and every actual entry upon the premises of an owner or person in possession of real property, whether the property is public or private, without the owner’s or occupant’s consent, express or implied;

(d) An entry upon the premises, or any part thereof, of another in violation of a notice exhibited thereon prohibiting entry at specified times;

(e) An entry upon the premises, or any part thereof, of another in violation of any notice, warning, or protest given orally or in writing by any owner or other lawful occupant thereof;

(f) An entry upon any public property, including parks or parking areas, in violation of a notice exhibited there prohibiting entry at specified times;

(g) If on the property of another, or upon public property, a failure or refusal to depart in the case of being requested to so depart, orally or written, by any owner or lawful occupant;

(h) An entry upon any portion of a public park, where the entry involves the use of any vehicle, equipment, or device where such use is specifically prohibited;

(i) Remaining on public or private property at any time other than during posted hours of business operation after having been directed to vacate such premises by an owner, lawful occupant, or by a police officer;

(j) Remaining on or entering public or private property in violation of any trespass warning given in writing by a town official, the operation of a trespass warning to be as follows:

§ 133.14 PARKING ON PROPERTY OF ANOTHER.

It is unlawful for any person to park an automobile or other vehicle, or to place any structure or object on the driveway, yard, or property of another without the expressed or tacit consent of the owner or person in charge or by authority of law or ordinance.

(Prior Code, § 10-214) Penalty, see § 10.99

§ 133.15 INTERFERENCE WITH FIRE HYDRANTS.

(A) It is unlawful for any person to open, turn on or off, alter, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, flush hydrant, stop cock, or any similar device, appurtenance, or facility belonging to the town or any water district providing water service in the town, except for persons duly authorized by the town utility personnel, Town Police Department, or a member of a Fire Department responding to a fire or other emergency or training session, and except as may be authorized by a water district owning such fire hydrant, flush hydrant, stop cock, or any similar device, appurtenance, or facility.

(B) It is unlawful for any person to obstruct access to any fire hydrant, flush hydrant, stop cock, or any similar device, appurtenance, or facility, by placing around or thereon brick, lumber, dirt, or other thing, or in any other manner obstructing access to a fire hydrant, flush hydrant, stop cock, or any similar device, appurtenance, of facility.

(Prior Code, § 10-215) Penalty, see § 10.99

§ 133.16 FALSE REPRESENTATION OF AGE.

No person shall for the purpose of violating any statutes of the state or any ordinances of the town, willfully and knowingly misrepresent his or her age by presenting a false document purporting to state his or her true age or by presenting a document not his or her own; and any person doing so shall be in violation of these ordinances and subject to penalty pursuant to § 10.99.

(Prior Code, § 10-216) Penalty, see § 10.99