§ 16-232. Prohibited.

(a)

Destruction of property. No person shall willfully injure or intentionally deface, destroy or unlawfully remove, take or meddle with any property of any kind or nature within the village and belonging to the village or its departments, or to any private person, without the consent of the owner or proper authority.

(b)

Parental liability. Pursuant to Wis. Stats. § 895.035, the parents of an unemancipated minor shall be liable for the damage of property caused by the willful, malicious or wanton act of such child; such liability shall not exceed the amounts included in this subsection. Except for recovery under subsection (d)(1) of this section or for retail theft under Wis. Stats. § 943.51, the maximum recovery under this section from any parent may not exceed $5,000.00 for damages resulting from any one act of a juvenile in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court. If two or more juveniles in the custody of the same parent commit the same act, the total recovery under this section may not exceed $5,000.00, in addition to taxable costs and disbursements. The maximum recovery from any parent for retail theft by their minor child is established under Wis. Stats. § 943.51.

(c)

Maximum recovery. The maximum recovery under this section by a school village board or a governing body of a private school from any parent with custody of a minor child may not exceed $20,000.00 for damages resulting from any one act of the minor child in addition to taxable costs and disbursements and reasonable attorney fees, as determined by the court, for damages caused to the school village board or the governing body of a private school by any of the following actions of the minor child:

(1)

An act or threat that endangers the property, health or safety of persons at the school or under the supervision of a school authority or that damages the property of a school village board or the governing body of a private school and that results in a substantial disruption of a school day or a school activity.

(2)

An act resulting in a violation of Wis. Stats. § 943.02, 943.03, 943.05, 943.06 or 947.015.

(d)

Loss of instructional time. In addition to other recoverable damages, damages under subsection (a) of this section may include the cost to the school village board or the governing body of a private school in loss of instructional time directly resulting from the action of the minor child under subsection (a) of this section.

(e)

Maxium recovery from two children under same custody. If two or more minor children in the custody of the same parents are involved in the same action under subsection (a) of this section, the total recovery may not exceed $20,000.00, in addition to taxable costs, disbursements and reasonable attorney fees, as determined by the court.

(f)

Insurance provision. If an insurance policy does not explicitly provide coverage for actions under subsection (a) of this section the issuer of that policy is not liable for the damages resulting from those actions.

(g)

Recovery from a child. This section does not limit the amount of damages recoverable by an action against a child except that any amount so recovered shall be reduced and apportioned by the amount received from the parent under this section.

(h)

Reduction of recovery funds. Any recovery of restitution under this section shall be reduced by the amount recovered as restitution for the same act under Wis. Stats. § 938.245, 938.32, 938.34(5), 938.343(4) or 938.45(1r)(a). Any recovery of a forfeiture under this section shall be reduced by the amount recovered as a forfeiture for the same act under Wis. Stats. § 938.34(8), 938.343(2) or 938.45(1r)(b). Any recovery of a surcharge under this section shall be reduced by the amount recovered as a surcharge under Wis. Stats. § 938.34(8d).

(i)

No limit or liability to parents. This section does not affect or limit any liability of a parent under Wis. Stats. § 167.10(7) or 343.15(2).

(j)

Unlawful removal of property. It shall be unlawful for any person to take and carry away the property of another without the owner's consent with the intention to do so.

(Code 1989, § 11-3-1)

State law reference

Damage to property, Wis. Stats. § 943.01; parental liability for acts of minors, Wis. Stats. § 895.035.