City of Jefferson, WI Chapter 197 Nuisances

[HISTORY: Adopted by the Common Council of the City of Jefferson 8-6-2002 by Ord. No. 7-02 as §§ 10.01 to 10.04, 10.06, 10.15 to 10.17, 11.02, 11.03 and 11.06 of the 2002 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Alarm systems — See Ch. 103.

Animals — See Ch. 113.

Housing standards — See Ch. 154.

Junk dealers — See Ch. 166.

Peace and good order — See Ch. 208.

Junked vehicles and appliances — See Ch. 219, Art. I.

Solid waste — See Ch. 235.

Smoking — See Ch. 251.

§ 197-1 Rules and regulations.

The Board of Health may make reasonable and general rules for the enforcement of the provisions of this chapter and for the prevention of the creation of health nuisances and the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Board shall be subject to a penalty as provided in Chapter 1, Article I of this Code.

§ 197-2 Abatement of health nuisances.

The Health Officer, together with the Board of Health, may abate health nuisances in accordance with § 254.59, Wis. Stats., which is adopted by reference and made a part of this chapter as if fully set forth herein.

§ 197-3 Violation of ban.

[Amended 10-18-2005 by Ord. No. 17-05]

Due to the concern for the health and safety of the community, no person shall violate any ban so declared by the Health Officer or his designee. Notification of the declaration of the ban shall be provided through the publication of a notice in the official paper of the City 24 hours prior to the enforcement of such ban. Bans covered under this section shall include the following:

A. Water usage for specific purposes.

B. Burning within the corporate limits of the City.

C. Use of any device that generates a spark or flame.

§ 197-4 Public nuisances prohibited.

No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City.

§ 197-5 Public nuisance defined.

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

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

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

C. Greatly offend the public morals or decency.

D. 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.

§ 197-6 Public nuisances affecting health.

The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be constructed to exclude other health nuisances coming within the definition of § 197-5:

A. Adulterated food. All decayed, harmfully adulterated or unwholesome food or drink sold or offered or sale to the public.

B. Unburied carcasses. Carcasses of animals, birds, or fowl not intended for human consumption or food which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.

C. Breeding places for vermin, etc. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed.

D. Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply.

E. Privy vaults and garbage cans. Privy vaults and garbage cans which are not flytight.

F. Noxious weeds.

[Amended 8-20-2002 by Ord. No. 9-02; 10-18-2005 by Ord. No. 17-05; 3-17-2009 by Ord. No. 6-09]

(1) Any weeds such as jimson, burdock, ragweed, thistle, cocklebur or other weeds of a like kind found growing on any lot or tract of land in the City are hereby declared to be a nuisance, and no person shall permit any such weeds to grow or remain in any such place.

(2) No person shall permit any weeds, grass or plants, other than trees, bushes, flowers, and cultivated agricultural or other ornamental plants, to grow to a height exceeding eight inches anywhere in the City. Any such plants or weeds exceeding such height are hereby declared to be a nuisance.

(3) The City shall notify property owners of a violation of this Subsection F by mail. Owners shall be given five days from receipt to cut all noxious weeds and any other weeds, grass or plants which exceed eight inches.

(4) If the owner fails to comply with the notice provided for in Subsection F(3) above, the work may be performed by the City, in which case the property owner shall be charged actual wages per hour for labor and machinery costs per hour. In addition, the owner will be subject to the penalty charge as stipulated in Chapter 1, § 1-4C of this Code.

G. Water pollution. The pollution of any public well or cistern, stream, lake, canal, or other body of water by sewage, creamery or industrial wastes or other substances.

H. Noxious odors, etc. Any use of property, substances or things within the City emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the City.

I. Street pollution. Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk, or public place within the City.

J. Animal excreta. Any person owning or controlling an animal owned by another shall, upon deposition of animal excreta on public or private property not belonging to the owner or controller of the animal, immediately remove the deposit from such premises.

K. The statutory provisions describing and defining regulations with respect to indoor smoking contained in Section 101.123 of the Wisconsin Statutes, known as the "Clean Indoor Air Act," exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of such statutes, are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by § 101.123, Wis. Stats. and incorporated herein by reference is required or prohibited by this section. The penalty for violation of § 101.123(2), Wis. Stats. relating to an individual smoking in a prohibited area, shall be a forfeiture of $25 for the first violation and $50 for each violation thereafter. The penalty for violation of § 101.123(2m), Wis. Stats. relating to responsibility of persons in charge allowing smoking in violation of law, shall be a forfeiture of $50 for the first violation and $100 for each violation thereafter.

[Added 9-21-2010 by Ord. No. 9-10]

§ 197-7 Public nuisances offending morals and decency.

The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be constructed to exclude other nuisances offending public morals and decency coming within the definition of § 197-5:

A. Disorderly houses. All disorderly houses, brawly houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling.

B. Gambling devices. All gambling devices and slot machines.

C. Unlicensed sale of liquor and beer. All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by the ordinances of the City.

D. Continuous violation of City ordinances. Any place or premises within the City where City ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.

E. Illegal drinking. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the State of Wisconsin or ordinances of the City.

§ 197-8 Public nuisances affecting peace and safety.

The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the definition of § 197-5:

A. Signs, billboards, etc. All signs and billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public so situated or constructed as to endanger the public safety.

B. Illegal buildings. All buildings erected, repaired, or altered in violation of the provisions of the ordinances of the City relating to materials and manner of construction of buildings and structures within the City.

C. Unauthorized traffic signs. All unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railway crossing which purport to be or may be mistaken as an official traffic control device, railroad sign or signal or which because of its color, location, brilliance or manner of operation interferes with the effectiveness of any such device, sign or signal.

D. Obstruction of intersections. All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.

E. Tree limbs. All limbs of trees which project over and less than eight feet above any public sidewalk or less than 12 feet above any street or other public place.

[Amended 10-18-2005 by Ord. No. 17-05]

F. Dangerous trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.

G. Fireworks. All use or display of fireworks, except as provided by the laws of the state and this Code.

H. Dilapidated buildings. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.

I. Wires over streets. All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.

J. Noisy animals or fowl. The keeping or harboring of any animal or fowl which, by frequent or habitual howling, yelping, barking, crowing or making of other noises, shall greatly annoy or disturb a neighborhood or any considerable number of persons within the City.

K. Obstructions of streets and excavations. All obstructions of streets, alleys, sidewalks, or crosswalks, and all excavations in or under the same, except as permitted by this Code, or which, although made in accordance with such Code, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished or which do not conform to the permit.

L. Unlawful assembly. Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk, or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.

M. Flammable liquids. Repeated or continuous violations of City ordinances or state laws relating to the storage of flammable liquids.

N. Animals running at large. Animals off the premises of the owner which are not under control of the owner or some other person by means of a secure leash not exceeding six feet in length.

O. Trapping of animals. In the interest of humane treatment of animals and public safety, it shall be unlawful for any person, anywhere within the City of Jefferson, to set, place or tend any traps for the purpose of trapping, killing, catching, wounding, or molesting any animal without a City trapping permit or in violation of the regulations set forth below:

(1) Permits.

(a) The Chief of Police shall issue permits to applicants which expire on December 31 of each year. The fee for such permit shall be as set by the Common Council. The applicant must display a valid state permit before a City permit will be issued. Such permit shall describe the property upon which traps will be placed.

(b) Holders of valid permits may trap only on property owned by them. A permit may be issued for a person to trap on the property of another only if the property owner signs the application authorizing the trapping.

(2) Traps.

(a) Body-gripping traps shall be placed only under water within the bank run of the animal sought to be trapped and shall not exceed the 110 size.

(b) Foothold or leghold traps shall be prohibited.

(c) The only other type of trap permitted shall be a live box trap which shall be defined as those traps which capture and hold an animal in an unharmed condition.

(d) The Chief of Police may authorize use of traps not approved above for removal of a specific nuisance animal upon complaint, but only after attempting to remove said animal with a live box trap.

(e) All traps set, placed, or tended shall comply with all applicable Wisconsin Statutes and Administrative Codes as they relate to trapping.

(3) Exception. This Subsection O shall not apply to trapping within the confines of buildings, homes or their respective curtilage for the purpose of vermin eradication.

(4) Summary abatement. Any trap set in violation of this Subsection O may be summarily removed if the trap presents a danger to children or domestic animals. Such removal shall not occur before the Chief of Police makes an effort to contact the owner of the trap to request immediate removal by the owner. One phone call shall be sufficient effort before the summary removal.

P. Blowing grass clippings and raking leaves into streets. In the interests of public safety, and general welfare, community appearance and efficiency of operation, it shall be unlawful to rake, place, or mow fallen tree leaves or grass clippings onto the pavement or into the gutter of any public street unless directed by the City of Jefferson. No person shall permit grass clippings from mower swaths to remain upon sidewalks, street pavements, gutters of any public street, or on abutting property not owned or occupied by said person. The penalty for violating this subsection is set forth in Chapter 1, § 1-4C(1), and penalties may be adjusted from time to time by Common Council action.

[Added 9-2-2005 by Ord. No. 15-05]

§ 197-9 Abatement of public nuisances.

A. Enforcement. The Chief of Police, the Chief of the Fire Department, the Building/Zoning Inspector and the Health Officer shall enforce those provisions of this chapter that come within the jurisdiction of their offices, and they shall make periodic inspections and inspections upon complaint to ensure that such provisions are not violated. No action shall be taken under this section to abate a public nuisance unless the officer shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and shall have satisfies himself that a nuisance does in fact exist.

B. Summary abatement. If the inspecting officer shall determine that a public nuisance exists within the City and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Mayor may direct the proper officer to cause the same to be abated and charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the cause may be.

C. Abatement after notice. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals, or decency, he shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisance to be removed as provided in Subsection B.

D. Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the state.

E. Court order. Except when necessary under Subsection B, an officer hereunder shall not use force to obtain access to private property to abate a public nuisance but shall request permission to enter upon private property if such premises are occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.

§ 197-10 Recovery of costs.

In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating the public nuisance by the City shall be collected as a debt from the owner, occupant, or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.

§ 197-10.1 Property Maintenance Code.

[Added 7-15-2008 by Ord. No. 8-08]

A. Title. This section shall be known as the "Property Maintenance Code" and may be referred to in this section as "this code."

B. Findings and declaration of policy. It is hereby found and declared that there exist in the City structures used for residential and nonresidential use which are, or may become in the future, substandard with respect to structure, equipment or maintenance or, further, that such conditions, including, but not limited to, structural deterioration, lack of maintenance and appearance of exterior of premises, infestation and existence of fire hazards constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens of the City. It is further found and declared that, by reason of lack of maintenance and because of progressive deterioration, certain properties have the further effect of creating blighting conditions and initiating slums and that if the same are not curtailed and removed, these conditions will grow and spread and will necessitate the expenditure of large amounts of public funds to correct and eliminate such conditions. By reason of timely regulations and restrictions contained in this code, the desirability and amenities of residential and nonresidential uses and neighborhoods may be enhanced and the public health, safety and welfare protected and fostered.

C. Purpose. The purpose of this Code is to protect the public health, safety, morals and welfare by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential premises; to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities and duties upon occupants; to authorize and establish procedures for the inspection of residential and nonresidential premises; and to provide for the repair, demolition or vacation of premises unfit for human habitation, occupancy or use. It is the intent of this section to be read in conjunction with Chapter 219 of this Code. Unless specifically modified herein, Chapter 219, Property Maintenance, of this Code remains in full force and effect.

D. Definitions. The following words and terms, wherever used herein or referred to in this Code, shall have the respective meanings assigned to them unless a different meaning clearly appears from the context:

DETERIORATION

The condition of a building or part thereof characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use. All exterior wood and composition surfaces shall be properly protected from the elements and against decay by paint, stain or other protective coating and applied in a workmanlike manner.

ELEMENTS

Any element, whether created by nature or by man, which, with reasonable foreseeability, could carry litter from one place to another. Elements shall include, but are not limited to, air current, rain, water current and animals.

EXPOSED TO PUBLIC VIEW

Any premises, or any part thereof, or any building, or any part thereof, which may be viewed by the public.

EXTERIOR OF THE PREMISES

Open space on the premises outside of any building thereon.

EXTERMINATION

The control and elimination of insects, rodents and vermin.

GARBAGE

Decayed and decomposed animal and vegetable waste resulting from the handling, preemption, cooking and consumption of food. (See also "refuse" and "rubbish.")

INFESTATION

The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.

LITTER

Includes any uncontainerized man-made or man-used waste which, if deposited within the City other than in a litter receptacle, tends to create a danger to public health, safety and welfare or to impair the environment of the citizens of the City. Litter may include, but is not limited to, any garbage, trash, refuse, confetti, debris, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container or other construction material, motor vehicle part, furniture, oil, carcass of a dead animal, nauseous or offensive matter of any kind or any object likely to injure any person or create a traffic hazard. This section shall be read in conjunction with § 208-18 of this Code.

MIXED OCCUPANCY

Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses, or used as a hotel.

NUISANCE

(1) Any public nuisance, as defined by law or this chapter.

(2) Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.

OPERATOR

Any person who has charge of, care of or control of a dwelling or premises, or part thereof, whether with or without the knowledge and consent of the owner.

OWNER

Any person who alone, jointly or severally with others shall have legal or equitable title to any premises, with or without accompanying actual possession thereof. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.

PARK

A public or private park, reservation, playground, beach, recreation center or any public park or private area devoted to active or passive recreation or any other area under the supervision of the City.

PARKING LOT

Any private or public property with provisions for parking vehicles to which the public is invited or which the public is permitted to use or which is visible from any public place or private premises.

PREMISES

A lot, plot or parcel of land, including the buildings or structures thereon.

PRIVATE PREMISES

Any dwelling, house, building or other structure designed to be used, either wholly or in part, for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, mailbox or other structure belonging or appurtenant to such dwelling, house, building or other structure.

PUBLIC PLACE

All streets, boulevards, avenues, lanes, alleys or other public ways, including tree terraces, and parks, squares, plazas, grounds and buildings frequented by the general public, whether publicly or privately owned.

REFUSE

All decayed and decomposed solid waste, except body wastes, including, but not limited to, garbage, rubbish, ashes, dead animals, abandoned automobiles and solid wastes. (See also "garbage" and "rubbish.")

RUBBISH

Solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. (See also "garbage" and "refuse.")

E. Applicability. Every residential, nonresidential or mixed occupancy building and the land on which it is situated, used or intended to be used for dwelling, mobile home park, commercial, business or industrial occupancy shall comply with the provisions of this code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this Code.

F. Duties and responsibilities of owners and operators.

(1) Maintenance of exterior of premises. The exterior of the premises and all structures thereon shall be kept free of all nuisances and any hazards to the safety of the occupant, pedestrians and other persons utilizing the premises and free of unsanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include, but are not limited to, the following:

(a) Refuse, such as brush, weeds, broken glass, stumps, obnoxious growths, filth, garbage, trash and debris.

(b) Natural growth, such as dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard to persons in the vicinity. Trees shall be kept pruned and trimmed to prevent such conditions.

(c) Overhangs, such as loose and other hanging objects which, by reason of location above ground level, constitute a danger of falling on the persons in the vicinity.

(d) Sources of infestation.

(e) Building materials, including, but not limited to, siding, roofing, lumber, bricks, steel, insulation, plumbing, electrical, topsoil and fill, etc., or any other unsightly material(s) exposed to public view on the exterior of the premises for a period of 30 days or more. (This section shall not apply if the owner holds a valid building permit for a project on the premises where material is located.) Under no circumstances shall building materials remain exposed to public view on the exterior of the premises for a period of six months.

(f) The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor.

(2) Storage of commercial and industrial material. There shall not be stored or used at locations visible from the sidewalk, street or other public areas equipment and materials relating to commercial or industrial use unless permitted as incidental to the business and within a screened area under §§ 300-21 and 300-22 of this Code for the premises.

(3) General maintenance. The exterior of every commercial structure or accessory structure, except accessory farm structures, including screened fences or enclosures, shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbing stone or brick, excessive peeling paint, loose boards or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties protected from blighting influences.

G. Litter control.

(1) Litter collection and storage area. Every owner, occupant or lessee of a building used for residential, business or commercial purposes shall maintain litter collection and storage areas in a clean condition and ensure that all litter is properly containerized. Failure to so maintain clean litter collection and storage areas shall constitute a violation of this subsection.

(2) Duty to collect litter before it is carried from the premises. All litter that is subject to movement by the elements shall be secured by the owner of the premises where it is found before the litter is allowed to be removed from the premises by the elements.

(3) Neglected premises visible to the public. It shall be the duty of any person owning or controlling any premises, including vacant lots visible from any public place or private premises, to maintain such premises in a reasonable, clean and orderly manner. It shall be a violation of this subsection to abandon, neglect or disregard the condition or appearance of any premises so as to permit it to accumulate litter.

(4) Areas around business premises. The owner or person in control of any public place, including, but not limited to, restaurants, shopping centers, fast food outlets, stores, hotels, motels, industrial establishments, office buildings, apartment buildings, housing projects, gas stations and hospitals and clinics shall, at all times, keep the premises clean of all litter and shall take measures, including daily cleanup of the premises, to prevent litter from being carried by the elements to adjoining premises. It shall be a violation of this subsection to abandon, neglect or disregard the condition or appearance of such premises so as to permit it to accumulate litter. All dumpsters shall not be exposed to public view and must be confined in a screened fence area or other suitable landscaping. Any person affected by this provision may file a request for a variance with the Plan Commission pursuant to § 300-27C and D of this Code.

(5) Loading and unloading docks. The person owning, operating or in control of loading or unloading docks shall at all times maintain the dock area free of litter in such a manner that litter will be prevented from being carried from the premises by the elements.

(6) Construction sites. The property owners and the prime contractors in charge of any construction site shall maintain the construction site in such a manner that litter will be prevented from being carried from the premises by the elements. All litter from construction activities or any related activities shall be picked up at the end of each workday and placed in containers which will prevent litter from being carried from the premises by the elements.

(7) Maintaining sidewalks and alleys. Persons owning, occupying or in control of any premises shall keep the sidewalks and alleys adjacent thereto free of litter. Owners or occupants shall sweep or rinse off the sidewalks abutting their premises as often as may be required to keep the walk reasonably free from dirt, paper and waste. This subsection shall not apply to sidewalks maintained by the City.

(8) Abandoned garbage. It shall be unlawful for any person, who is in control of any premises upon which is located or on whose behalf there is maintained any container of refuse, waste or garbage which has been containerized in accordance with a contract for its removal, to allow that refuse, waste or garbage to remain uncollected for longer than seven days or, in any case, until after that refuse, waste or garbage creates any condition which is offensive to persons upon any private premises or public place. Abandoned garbage includes, but is not limited to, pollutants, refuse, and rubbish identified in § 197-6 of this Code.

(9) Animal excreta.

(a) Allowing discharge regulated. It is unlawful for any owner, keeper or walker of any dog, Philippine pot-bellied pig or cat to have his dog, pot-bellied pig or cat discharge such animal's excreta upon any public or private property within the City other than the property of the owner of such dog, pot-bellied pig or cat if such owner, keeper or walker does not immediately thereafter remove and clean up such animal's excreta from the public or private property.

(b) Carrying feces scoop required. No person shall walk a dog or pot-bellied pig beyond the limits of his own property without carrying or having in his possession a scoop, bag or other items designed to pick up and remove dog feces, and, further, it is unlawful for any person to dispose of the dog or pot-bellied pig feces on public or private property other than his own.

(c) Exception. This subsection shall not apply to blind persons having control of guide dogs. This subsection shall be read in conjunction with § 197-6J of this Code.

H. Lawn and yard maintenance. Ordinances exist within the code that regulate lawn and yard maintenance within the City, including but not limited to, § 197-6, Public nuisances affecting health, and Ch. 219, Natural Landscape Management. It is the intent of this section to recognize and enforce the existing ordinances unless specifically modified herein.

I. Enforcement. This section shall be enforced by the Building Inspector. In addition, the Police Chief shall enforce Subsections F through H above.

J. Penalty. Any person who violates, disobeys, neglects or refuses to comply with any of the provisions of this section shall be subject to a forfeiture as provided in Chapter 1, Article I, of this Code.

§ 197-11 Violations and penalties.

Any person who shall violate any provision of this chapter or permit or cause a public nuisance shall be subject to a penalty as provided in Chapter 1, Article I of this Code.

§ 197-12 Graffiti.

[Added 1-18-2011 by Ord. No. 2-11]

All owners or parties who have control of real property in the City of Jefferson shall be subject to the below requirements.

A. Definition of "graffiti." The term "graffiti" means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property by any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed a public nuisance by the City Neighborhood Services Director or the City Police Chief.

B. Public nuisance. The existence of graffiti on any real property within the City is expressly declared to be a public nuisance affecting public health, safety and welfare.

C. Graffiti prohibited. No owner or person in control of any real property within the City shall allow any graffiti to remain upon any structure located on the owner’s property when the graffiti is visible from the street or from other public or private property. The prohibition shall apply even if the graffiti was applied to the property prior to the enactment of this section.

D. Notification of violation. Whenever the City of Jefferson determines that graffiti on any building or structure within the City is visible from the street or from other public or private property, the City of Jefferson shall issue an order to the owner of the property to abate the graffiti within seven days.

E. Compliance. A property owner shall be deemed to have complied with an order to abate graffiti if it is obliterated by primary paint and matching building paint or by such other means as shall obliterate the graffiti.

F. Failure to comply. If the property owner fails to comply with the order to abate the graffiti, the City of Jefferson may cause the graffiti to be abated either by City employees or by an independent contractor. The City and the independent contractor are expressly authorized to enter upon the property and abate the graffiti upon exterior walls, fences, billboards and other structures. The City or private contractor will take all reasonable precautions to avoid causing damage to the property where the graffiti is abated. Any paint used to obliterate graffiti shall be as close as practicable to the background color or colors in the area where the graffiti is abated. The cost of abating the graffiti shall, pursuant to § 66.0627, Wis. Stats., be imposed as a special charge against the real property for the cost of the services provided. If the special charge is not paid within 30 days, the special charge shall be deemed delinquent. A delinquent special charge shall be a lien against the property as of the date of delinquency. The delinquent special charge shall be included in the current or next tax roll for collection and settlement under Ch. 74, Wis. Stats.

G. Penalties for violations. Any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subjected to a penalty as provided in Chapter 1, Article I of this Code. The initial forfeiture is set at $100 per offense, plus costs, but shall be set annually by the City Council and itemized in § 1-4C(1) of the City Code.

§ 197-13 Chronic public nuisance properties.

[Added 7-21-2015 by Ord. No. 4-15]

A. Findings. The Common Council finds that any premises that has generated three or more calls for police service for nuisance activities has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the City. The Common Council therefore allows the Chief of Police, as provided in this section, to charge the owners of such chronic nuisance premises the costs associated with abating the violations at premises at which nuisance activities chronically occur.

B. Definitions; notice; abatement.

(1) Definitions. The following terms shall be defined as follows in this section:

CHIEF

The Chief of Police or the Chief's designee.

ENFORCEMENT ACTION

Arrest, the issuance of a citation or the issuance of a written or verbal warning.

NUISANCE ACTIVITY

Any of the following activities, behaviors or conduct occurring on premises:

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

(b) Disorderly conduct, as defined in § 947.01, Wis. Stats.

(c) Battery, substantial battery, or aggravated battery, as defined in § 940.19, Wis. Stats.

(d) Lewd and lascivious behavior, as defined in § 944.20, Wis. Stats.

(e) Prostitution offenses, as defined in § 944.30 or 944.34, Wis. Stats.

(f) Littering, as defined in Jefferson Municipal Code § 208-18.

(g) Theft, as defined in § 943.20, Wis. Stats.

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

(i) Arson, as defined in § 943.02, Wis. Stats.

(j) Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Ch. 961, Wis. Stats.

(k) Gambling, as defined in § 945.02, Wis. Stats.

(l) Animal violations, as defined in Jefferson Municipal Code Chapter 113.

(m) Trespass to land, as defined as §§ 943.13 and 943.14, Wis. Stats.

(n) Weapons violations as defined in Jefferson Municipal Code Chapter 208.

(o) Noise violations as defined in Jefferson Municipal Code § 208-9.

(p) Violation of curfew for minors, as defined in Jefferson Municipal Code § 181-1.

(q) Loitering, as defined in Jefferson Municipal Code § 208-4.

(r) Truancy, as defined in Jefferson Municipal Code § 181-2.

(s) Alcohol violations, as defined in Chapter 160, Jefferson Municipal Code, and § 125.07, Wis. Stats.

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

(u) Misuse of emergency telephone numbers as defined in § 941.35, Wis. Stats.

(v) Any act of being party to a crime, as defined in § 939.05, Wis. Stats., to any of the activities in Subsections (a) through (u) of this subsection.

(w) 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 in Subsections (a) through (u) of this subsection.

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

(y) City of Jefferson inspection-related calls where the Police Department responds.

OWNER

Any person who alone, jointly or severally with others shall have legal or equitable title to any premises, with or without accompanying actual possession thereof. Any person who is a lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.

PREMISES

A lot, plot or parcel of land, including the buildings and structures thereon.

(2) Notice. Whenever the Chief determines that three or more nuisance activities resulting in enforcement action have occurred at premises during a twelve-month period, the Chief may notify the premises owner in writing. In calculating the requisite nuisance activities, the Chief may count separate qualifying nuisance incidents resulting in enforcement action occurring on the same day (as long as they are distinct in time) or different days, but shall never count nuisance activities that were reported by the owner of the premises. The Chief may also consider whether there has been an effective change in ownership of the premises in calculating occurrences of nuisance activity. The notice shall contain the street address or legal description sufficient to identify the premises, a description of the nuisance activities that have occurred at the premises, a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises, and a notice as to the appeal rights of the owner. The notice shall be delivered as set forth in Subsection B(3) of this section.

(3) Notice procedure. Notice shall be deemed to be properly delivered if sent either by first class mail to the premises owner's last known address or if delivered in person to the premises owner. If the premises owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the premises owner's usual place of abode in the presence of some competent member of the family at least 14 years of age or a competent adult currently residing there and who shall be informed of the contents of the notice. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by first class mail to the last known address of the owner as identified by the records of the City Assessor or other means.

(4) Abatement plan. Any owner receiving such notice as set forth above shall meet with the Chief. The parties shall review the problems occurring at the property. Within 10 days of this meeting, the Chief or his/her designee, property owner and property tenant(s) shall meet, discuss, and mutually prepare an agreed upon abatement plan to address and eliminate the nuisance activity on the property. If the tenant is unable or unwilling to meet on such plan, the Chief and property owner shall nonetheless meet to discuss such abatement plan. The Chief shall provide a written copy of the plan to the tenant. The plan shall also specify a name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, fire, or inspection contact.

(5) Additional nuisance activity. Whenever the Chief determines that additional nuisance activity has occurred at a premises for which notice has been issued as set forth above, that this nuisance activity has occurred not less than 15 days after notice has been issued, and that reasonable efforts have not been made to abate the nuisance activity, the Chief may calculate the cost of police response and enforcement for this and any subsequent nuisance activities and cause such charges and administrative costs to be assessed and collected as a special charge.

C. First offense. Any person who shall violate any provision of this section or any regulation, rule, or order made hereunder shall forfeit not less than $500.

D. Subsequent offenses. Any person who shall violate any provision of this section or any regulation, rule, or order made hereunder within 24 months after committing a previous violation of this section shall forfeit not less than $1,000.