City of New Lisbon, WI Definitions

The following definitions shall be applicable throughout this chapter:

A dwelling which has been determined to be abandoned by a City Officer, pursuant to § 375-5.

A structure, not used as a dwelling unit, the use of which is incidental to that of the main building and which is located on the same premises.

BUILDING

Any structure built for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind and which is permanently affixed to the land or connected to a utility, and includes those structures resting on runners, wheels, or similar supports.

CHRONIC NUISANCE PREMISES

Any premises meeting the criteria set forth in § 375-17.

CITY OFFICER

The Chief of Police, Fire Inspector, Director of Public Works, Building Inspector, or one of their agents or designees.

COMPOSTING

The organic waste produced from the growing, trimming, and removal of grass, branches (not exceeding one inch in diameter), bushes, shrubs, plants, leaves and garden debris.

DETERIORATION

The condition or appearance of a building or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other evidence of physical decay, neglect, lack of maintenance or excessive use.

DILAPIDATED

Describes a building, structure or part thereof which is in a state of ruin or shabbiness resulting from neglect. The term implies a hazard to life or property.

DWELLING

Any enclosed space which is wholly or partly used or intended to be used for living or sleeping by human occupants.

ENFORCEMENT ACTION

An arrest, the issuance of a citation, the issuance of a written or verbal warning, or an order by a City Officer or a court to abate a code violation.

HARDWARE CLOTH

Wire screening of such thickness and spacing as to afford reasonable protection against the entrance of rodents.

HEALTH NUISANCE

Any source of filth or cause of sickness.

INOPERABLE APPLIANCE

Any stove, oven, washer, refrigerator, freezer, microwave or other household appliance which is no longer operable in the manner for which it was manufactured.

JUNKED MOTOR VEHICLES

Motor vehicles, recreational vehicles, truck bodies, tractors, farm machinery or trailers, or any part or portion of any of the foregoing, in such state of physical or mechanical ruin as to be: 1) incapable of propulsion; or 2) incapable of being operated upon the public streets or highways; or 3) which are otherwise not in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates or other defects.

KITCHEN WASTE

Any uncooked plant matter not contaminated by or containing meat, fish and/or dairy products.

MOTOR VEHICLE

As defined in § 340.01(35), Wis. Stats.

NATURAL LAWN

Includes common species of grass and wildflowers native to North America which are designed and purposely cultivated to exceed eight inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 375-10 of this chapter.

NATURAL LAWN MANAGEMENT PLAN

A written plan relating to the management and maintenance of a lawn which contains a legal description of the lawn upon which the planted grass will exceed eight inches in length, a statement of intent and purpose for the lawn, a detailed description of the vegetational types, plants, and plant succession involved, and the specific management and maintenance techniques to be employed.

NEIGHBORING PROPERTY OWNERS

All those property owners who are located within 300 feet of a specific property.

NOXIOUS WEEDS

Include, but are not limited to, any weed, grass, or similar plant growth which, if allowed to pollinate, would cause or produce hay fever in human beings or would cause a rash through contact with the skin.

NUISANCE

Any public nuisance known at common law or in equity jurisprudence or as provided by the statutes of the State of Wisconsin or the City of New Lisbon Code of Ordinances. Further, a public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:

(1)

Substantially annoy, injure, or endanger the comfort, health, repose, or safety of the public; or

(2)

In any other way render the public insecure in life or in the use of property.

NUISANCE ACTIVITY

Any of the following activities, behaviors, or conduct whenever engaged in by property owners, operators, tenants, occupants, or persons associated with premises, with the exception of applicable drug, gang, and prostitution offenses which will be abated immediately as allowed in Wis. Stats., Chapter 823:

(1)

An act of harassment, as defined in § 947.013, Wis. Stats.

(2)

Disorderly conduct, as defined in § 947.01, Wis. Stats.

(3)

Crimes of violence, as defined in Chapter 940, Wis. Stats.

(4)

Obstructing or resisting an officer, as defined in § 946.41, Wis. Stats.

(5)

Crimes against sexual morality, as defined in Chapter 944, Wis. Stats.

(6)

Any gambling crimes, as defined in Chapter 945, Wis. Stats.

(7)

Animal violations, as defined in Chapter 211, City of New Lisbon Municipal Code.

(8)

Theft, as defined in § 943.20, Wis. Stats.

(9)

Receiving stolen property, as defined in § 943.34, Wis. Stats.

(10)

Damage to property, as defined in § 943.01, Wis. Stats.

(11)

Arson, as defined in § 943.02, Wis. Stats.

(12)

Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Chapter 961, Wis. Stats.

(13)

Trespassing, as defined in §§ 943.13 and 943.14, Wis. Stats.

(14)

Weapons violations, as defined in Chapter 387, City of New Lisbon Municipal Code.

(15)

Noise violations, as defined in Chapter 387, City of New Lisbon Municipal Code.

(16)

Alcohol violations, as defined in Chapter 329, City of New Lisbon Municipal Code, and § 125.07, Wis. Stats.

(17)

Loitering, as defined in Chapter 387, City of New Lisbon Municipal Code.

(18)

Curfew violations, as defined in Chapter 360, City of New Lisbon Municipal Code.

(19)

Reckless driving, as defined in § 346.62, Wis. Stats.

(20)

Any conspiracy to commit, as defined in § 939.31, Wis. Stats., or attempt to commit, as defined in § 939.32, Wis. Stats., any of the activities, behaviors, or conduct enumerated in Subsections (1) through (19) above.

(21)

The execution of arrest or search warrants at a particular location.

(22)

City of New Lisbon inspection-related calls where the Police Department responds.

(23)

Violations of Fire and Safety Ordinances, as contained in Chapter 68 and Chapter 289, City of New Lisbon Municipal Code.

(24)

Violations of Public Nuisance Ordinances, as contained in Chapter 375, City of New Lisbon Municipal Code.

(25)

Violations of Building Code Ordinances, as contained in Chapter 238, City of New Lisbon Municipal Code.

(26)

Violations of Sex Offenders Ordinances, as contained in Chapter 418, City of New Lisbon Municipal Code.

OCCUPANT

Any person living in, sleeping in, or having actual possession of a dwelling.

OWNER, PROPERTY OWNER, or OPERATOR

Any person who, alone or jointly or severally with others, shall have:

(1)

Legal title to any premises, with or without accompanying actual possession thereof; or

(2)

Charge, care, or control of any premises, as owner or agent of the owner or as executor, administrator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this chapter and of rules and regulations adopted pursuant thereto to the same extent as if he/she were the owner.

PERSON

Any natural individual, firm, trust, partnership, association or corporation.

(1)

All masculine, feminine, or neutral pronouns referring to persons include all the others.

(2)

All plural designations include the singular and all singular include the plural.

PERSONS ASSOCIATED WITH

Any person who, whenever engaged in a nuisance activity, enters, occupies, patronizes, visits or attempts to enter, occupy, patronize or visit a property. It includes any officer, director, customer, agent, employee or independent contractor of a property owner, tenant, or occupant so engaged.

POTENTIALLY POLLUTING SUBSTANCES OR HAZARDOUS MATERIALS OR POLLUTANTS

Include, but are not limited to, the following:

(1)

Fuel oil, gasoline, solvents, industrial liquids or fluids, milk, grease trap and septic tank wastes, sewage sludge, sanitary sewer wastes, storm sewer catch basin wastes, and oil or petroleum wastes.

PREMISES

A platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by a dwelling or nondwelling structure, including any such building, accessory structure, or other structure thereon, and associated parking lots, yards, and common areas located in the City.

PUBLIC NUISANCE

A thing, act, occupation, condition or use of property which shall continue for such length of time as to:

(1)

Substantially annoy, injure, or endanger the comfort, health, repose or safety of the public.

(2)

In any way render the public insecure in life or in the use of property.

(3)

Greatly offend the public morals or decency.

(4)

Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.

REFUSE

All putrescible and nonputrescible solid waste or materials not currently being put to lawful use, including garbage, rubbish, ashes, dead plant material, and dead animals.

RODENT HARBORAGE

Any place where rodents can live and nest without fear of frequent molestation or disturbance.

RODENT, UNDESIRABLE WILDLIFE, or VERMIN

Includes, but is not limited to, any nonhuman animal, often with the scientific classification of Rodentia, which is not lawfully kept as a pet, and which may cause disease or increased pace of deterioration of a building or premises due to the nature of the animal.

RODENT-PROOF CONTAINER

A container constructed of concrete or metal, or the container shall be lined with metal or other material that is impervious to rodents, and openings into the container such as doors shall be tight-fitting to prevent the entrance of rodents.

RODENT-PROOFING

Consists of closing openings in building foundations and openings under and around doors, windows, vents and other places which could provide means of entry for rodents with concrete, sheet iron, hardware cloth or other types of rodent-proofing material approved by the City.

RUBBISH

Nonputrescible solid wastes (excluding ashes) consisting of either:

(1)

Combustible wastes such as paper, cardboard, plastic containers, yard clippings and wood; or

(2)

Noncombustible wastes such as tin cans, glass, or crockery.

UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS

Motor vehicles, truck bodies, tractors, recreational vehicles or trailers which do not bear lawful current license plates.