No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the Town of
Grand Chute.
[Added 2-19-2009 by Ord. No. 6-2009]
A. Definitions. The following terms shall be defined as follows in this
section:
CHIEF
The Chief of Police or his/her designee and the Fire Chief
or his/her designee.
DEPARTMENT HEAD
Includes the Director of Community Development and/or Public
Works Director.
EFFECT OF PROPERTY CONVEYANCE
(1)
When title to property is conveyed, any nuisance activity that
occurred before the conveyance may not be used to establish the property
as a chronic nuisance property unless the reason for the conveyance
was to avoid a determination that the property was a chronic nuisance
property.
(2)
There is a rebuttable presumption that a reason for the conveyance
of property was to avoid a determination that the property was a chronic
nuisance property if:
(a)
The property was conveyed for less than fair market value.
(b)
The property was conveyed to an entity controlled by a person
conveying the property.
(c)
The property was conveyed to a relative of a person conveying
the property.
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 whenever
engaged in by property owners, operators, tenants, occupants, or persons
associated with premises:
(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 Ch. 940, Wis. Stats.
(4)
Obstructing or resisting an officer, as defined in § 946.41,
Wis. Stats.
(5)
Crimes against sexual morality, as defined in Ch. 944, Wis.
Stats.
(6)
Any gambling crimes, as defined in Ch. 945, Wis. Stats.
(7)
Animal violations, as defined in Chapter
197 of this 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 Ch. 961, Wis. Stats.
(13)
Trespassing, as defined in §§ 943.13 and 943.14,
Wis. Stats.
(14)
Weapons violations, as defined in Chapter
415 of this Code.
(15)
Noise violations, as defined in Chapter
415 of this Code.
(16)
Alcohol violations, as defined in Chapter
335 of this Code and § 125.07, Wis. Stats.
(17)
Loitering and curfew violations, as defined in Chapter
415 of this Code.
(18)
Reckless driving, as defined in § 346.62, Wis. Stats.
(19)
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
(18) above.
(20)
The execution of arrest or search warrants at a particular location.
(21)
Town of Grand Chute inspection-related calls where the Police
Department responds.
(22)
Drug or criminal gang house as defined by § 823.113,
Wis. Stats. Section 823.113, Wis. Stats., is hereby adopted by reference
as a Town ordinance. At the discretion of the Chief of Police, the
action provided therein may be in the name of the Town, county or
state.
(23)
Nuisances as defined by Ch. 823, Wis. Stats., which include
but are not limited to:
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823.065
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Flammable liquids
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823.07
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Noxious business
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823.09
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Bawdy houses
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823.10
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Disorderly house
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823.21
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Dilapidated buildings
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(24)
Violations of the Code of the Town of Grand Chute, which include
any and all sections of the following chapters or articles:
[Amended 3-20-2018 by Ord. No. 2018-06]
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Amusements
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Animals
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Building Construction
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Cable Television
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Cigarettes
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Dances and Dance Halls
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Direct Sellers, Auctions and Closeout Sales
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Erosion and Sediment Control
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Fires and Fire Prevention
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Fireworks
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Housing Standards
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Intoxicating Liquor and Fermented Malt Beverages
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Junk Dealers
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Mobile Homes and Mobile Home Parks
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Nuisances
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Pawnbrokers and Secondhand Dealers
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Peace and Good Order
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Property Maintenance
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Sewers: Illicit Discharges and Connections
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Special Events
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Stormwater Management
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Streets and Sidewalks
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Taxicabs
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Tracks
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Trees and Shrubs
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Zoning
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OWNER
The owner of the premises and his/her agents.
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. Includes any officer, director, customer,
agent, employee or independent contractor of a property owner, tenant,
or occupant.
PREMISES
An individual dwelling unit, an apartment building (all units
included as one premises), or an individual business premises and
associated common areas located in the Town.
B. Notice. Whenever a Chief or department head determines that three
or more nuisance activities resulting in enforcement action have occurred
at the premises during a twelve-month period, the Chief or department
head may notify the premises owner in writing. In calculating the
requisite nuisance activities, the Chief or department head may count
separate qualifying nuisance activities 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 notice shall contain the
street address and, where the enforcement action involves the owner
of the premises, the 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 appeals rights of the owner.
C. Delivery of notice. The notice shall be deemed to be properly delivered
if either sent by certified mail to the property owner's last
known address or delivered in person to the property owner. If the
property owner cannot be located, the notice shall be deemed properly
delivered if left at the property owner's usual place of residence
in the presence of a competent family member 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 certified mail to the last known address of the owner as
identified by the records of the tax roll.
D. Abatement plan. Any owner receiving notice pursuant to Subsections
B and
C shall meet with the Chief, or his/her designee, within five business days of receipt of such notice. The parties shall review the problems occurring at the property and agree upon an abatement plan to end the nuisance activity on the property. 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.
E. Additional nuisance activity. Whenever the Chief determines that
additional nuisance activity has occurred at a premises not less than
15 business 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. The Chief shall also cause
such charges and administrative costs to be assessed against the premises
as a fee for current service authorized by §§ 61.34,
66.0628 and 74.01, Wis. Stats., and collected as a special charge
which the Town may impose as a lien against the real estate upon which
the premises is located.
F. Appeal. Appeal of the determination of the Chief of Police pursuant
to either the notice, abatement plan, or the levying of special charges
may be made solely to the Town Board requesting a hearing. Notice
of appeal must be in writing and submitted to the Town Board in care
of the Town Clerk with a copy submitted to the Chief of Police. Chapter
68, Wis. Stats., does not apply to this section.
G. Additional enforcement authority. The Town hereby adopts and incorporates
the authority granted the Town pursuant to § 823.01, Wis.
Stats., and adopts and authorizes enforcement procedures as set forth
in §§ 823.015, 823.02, 823.03, 823.04, 823.05 and 823.06,
Wis. Stats.
H. Penalty.
(1) Any person who shall violate any provision of this section shall, upon due conviction thereof, forfeit not less than an amount set forth in §
398-16 for each such offense, together with the costs of prosecution, and in default of the payment of such forfeiture and costs shall be imprisoned in the county jail until said forfeiture and costs of prosecution are paid, but not to exceed 30 days.
(2) In addition to imposition of a fee for services constituting a special
charge against the real estate imposed under this section, the Town
may pursue injunctive relief against the owner in the Circuit Court
for Outagamie County. All legal costs and attorney fees incurred by
the Town for enforcement of this section, pursuant to any remedy available,
shall be payable to the Town by the owner of the premises. Judgment
for such obligations may be obtained by the Town in either the Small
Claims Court or Circuit Court for Outagamie County.
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 cover which has not been removed or which is not equipped with
a device for opening from the inside.
[Amended 12-20-2011 by Ord. No. 2011-30; 12-20-2011 by Ord. No. 2011-37; 6-5-2018 by Ord. No. 2018-10]
A. Section 342.40, Wis. Stats., Vehicle abandonment prohibited; removal;
disposal, as amended from time to time, is incorporated herein by
reference.
B. Pursuant to § 342.40, Wis. Stats., no person shall leave
unattended any motor vehicle, trailer, semitrailer, or mobile home
on any public street or highway or public or private property for
such time and under such circumstances as to cause the vehicle to
reasonably appear to have been abandoned. When any such vehicle has
been left unattended on any Town street or highway or on any public
or private property within the Town without permission of the owner
for more than 48 hours, the vehicle is deemed abandoned and constitutes
a public nuisance.
C. Any vehicle deemed in violation of this section shall be towed by
a licensed towing company approved by the Chief of Police and contracted
with the Town of Grand Chute for such purpose, or towed by such other
means deemed reasonable or necessary under the circumstances by the
Chief of Police. Such vehicle will be held at the contractor's
facility until lawfully claimed or disposed of in any lawful manner.
D. The owner of any abandoned vehicle, except a stolen vehicle, is responsible
for the abandonment and all costs of impounding and disposing of the
vehicle. Prior to reclamation of the vehicle, the owner or lien holder
shall pay to the contracted towing company the towing and storage
fees incurred by the towing company.
E. Penalty. Any person who shall cause a vehicle to become abandoned
within the Town of Grand Chute under the terms and conditions of this
section and § 342.40, Wis. Stats., shall, upon due conviction
thereof, forfeit an amount as prescribed in the Uniform Forfeiture
and Bond Schedule, together with costs of prosecution.
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.
No person shall transport or haul to any dumping site in the Town any materials without covering the same as provided under Chapter
520, Waste Management, of this Code.
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 a public
nuisance by the Town 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.
Any person who shall violate any provision of
this chapter shall, upon due conviction thereof, forfeit an amount
as prescribed in the Uniform Forfeiture and Bond Schedules for each
such offense, together with the costs of prosecution, and in default
of the payment of such forfeiture and costs shall be imprisoned in
the county jail until said forfeiture and costs of prosecution are
paid, but not to exceed 30 days.
[Added 6-15-2010 by Ord. No. 2010-07; amended 12-20-2011 by Ord. No. 2011-33; 3-19-2019 by Ord. No. 2019-04]
A. Purpose. The Town Board recognizes that smoking of cigarettes and
other tobacco products and inhaling vapors from an electronic delivery
device are hazardous to an individual's health and may affect
the health of nonsmokers/smokers when they are involuntarily in the
presence of smoking. Reliable scientific studies assessed by credible
health officials have found that secondhand tobacco smoke and the
vapors exhaled by users of an electronic delivery device are significant
health hazards for children, elderly people, and individuals with
cardiovascular disease or impaired respiratory function. Air pollution
caused by smoking is an offensive annoyance and irritant. Smoking
results in serious and significant physical discomfort to nonsmokers.
This article is adopted for the purpose of protecting the public health,
safety, comfort and general welfare of the people of the Town of Grand
Chute, especially recognizing the health interests of nonsmokers,
who constitute a majority of the population.
B. Smoking ban adopted. The Town hereby adopts, by reference, the provisions
of § 101.123, Smoking prohibited, Wis. Stats., pertaining
to the statewide smoking ban as of July 5, 2010.
C. Use of electronic delivery devices.
(1) Definitions. The following words, terms, and phrases, when used in
this section, shall have the meanings ascribed to them, except where
the context indicates a different meaning:
ELECTRONIC DELIVERY DEVICE
Any product containing or delivering nicotine, lobelia, or
any other substance intended for human consumption that can be used
by a person to simulate smoking in the delivery of nicotine or any
other substance through inhalation of aerosol, mist, or vapor from
the product. The term includes, but is not limited to, devices manufactured,
distributed, marketed, or sold as electronic cigarettes or cigars,
electronic pipes, personal vaporizers, electronic nicotine delivery
systems, vape pens, or electronic hookahs.
An electronic cigarette (e-cig or e-cigarette), personal vaporizer
(PV), or electronic nicotine delivery system (ENDS) is a battery-powered
vaporizer which has the feel of tobacco smoking. They produce a mist
rather than cigarette smoke. In general, a heating element vaporizes
a liquid solution known as "e-liquid." E-liquids usually contain a
mixture of propylene glycol, glycerin, nicotine, and flavorings.
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SMOKING
Burning or holding or inhaling or exhaling smoke, mist, or
vapor from any of the following items containing tobacco or nicotine
products:
(d)
An electronic delivery device.
(e)
Any other lighted smoking equipment.
(2) Prohibition. The prohibition against smoking established in § 101.123, Wis. Stats., and adopted in Subsection
B, above, shall be expanded to include the use of an electronic delivery device.
D. Inspection and enforcement. The Town of Grand Chute Police Department
shall have the power to enter any premises subject to the smoking
ban established by this section to ascertain whether the premises
is in compliance with, and to take appropriate enforcement action
pursuant to, this section.
E. Violations and penalties. Any person found to have violated any provision
of this section shall be subject to a forfeiture as prescribed in
the Uniform Forfeiture and Bond Schedule.
[Added 1-21-2020 by Ord. No. 2020-04]
A. No person
who is required to hold a license, certificate of registration or
other credential pursuant to Chapter 460, Wis. Stats., Massage Therapy
and Bodywork Therapy, shall practice that profession within the Town
of Grand Chute unless that person holds a valid, unexpired license,
certificate of registration or credential issued under Chapter 460,
Wis. Stats.
B. No person
who is required to hold a license, certificate of registration or
other credential pursuant to Chapter 460, Wis. Stats., Massage Therapy
and Bodywork Therapy, shall advertise the availability of services
to be performed within the Town of Grand Chute unless that person
holds a valid, unexpired license, certificate of registration or credential
issued under Chapter 460, Wis. Stats.
C. No business
whose employees are required to hold a license, certificate of registration
or other credential pursuant to Chapter 460, Wis. Stats., Massage
Therapy and Bodywork Therapy, shall allow employees to practice that
profession within the Town of Grand Chute unless the employees hold
a valid, unexpired license, certificate of registration or credential
issued under Chapter 460, Wis. Stats.
D. No business
whose employees are required to hold a license, certificate of registration
or other credential pursuant to Chapter 460, Wis. Stats., Massage
Therapy and Bodywork Therapy, shall advertise the availability of
services to be performed within the Town of Grand Chute unless the
employees hold a valid, unexpired license, certificate of registration
or credential issued under Chapter 460, Wis. Stats.
E. Each person
who is licensed under Chapter 460, Wis. Stats., Massage Therapy and
Bodywork Therapy, shall conspicuously display the license in the place
of business where he or she practices massage therapy or bodywork
therapy so that the license can easily be seen and read.
F. Each place
of business providing massage therapy and/or bodywork therapy shall
permit inspections of the premises at any time during business hours
by Town building inspectors, fire inspectors, health inspectors or
personnel of any law enforcement agency.