[HISTORY: Adopted by the Common Council of the City of New Lisbon as indicated in article histories. Amendments noted where applicable.]
Adult-oriented establishments and sexually explicit conduct — See Ch. 196.
Animals — See Ch. 211.
Mass public assemblies — See Ch. 217.
Fire prevention and hazardous materials — See Ch. 289.
Fireworks — See Ch. 293.
Health and sanitation — See Ch. 308.
Intoxicating liquor and fermented malt beverages — See Ch. 329.
Peace and good order — See Ch. 387.
Property maintenance — See Ch. 396.
Solid waste — See Ch. 429.
Trees and shrubs — See Ch. 454.
[Adopted 4-2-2001 as Title 11, Ch. 6, of the 2001 Code]
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City of New Lisbon.
A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
In any way render the public insecure in life or in the use of property.
Greatly offend the public morals or decency.
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.
The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 375-2:
Adulterated food. All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
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.
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.
Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply.
Garbage cans. Garbage cans which are not flytight.
Noxious weeds. All noxious weeds and other rank growth of vegetation.
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.
Noxious odors, etc. Any use of property, substances or things within the City or within four miles thereof 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.
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.
Animals at large. All animals running at large.
Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the City limits or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property.
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 construed to exclude other nuisances offending public morals and decency coming within the definition of § 375-2:
Disorderly houses. All disorderly houses, bawdy 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.
Gambling devices. All gambling devices and slot machines, except as permitted by state law.
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.
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.
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.
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 § 375-2:
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.
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, unless otherwise specifically permitted within Chapter 520, Zoning, of this Code.
Unauthorized traffic signs. Any unauthorized sign, signal, marking or device placed or maintained upon or in view of any public highway or railway crossing which purports 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.
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.
Tree limbs. All limbs of trees which project over a public sidewalk less than 10 feet above the surface thereof and all limbs which project over a public street less than 14 feet above the surface thereof.
Dangerous trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.
Fireworks. All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the City.
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.
Wires over streets. All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.
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.
Obstruction of streets; excavations. All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the City, or which, although made in accordance with such ordinances, 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.
Open excavations. All open and unguarded pits, wells, excavations or unused basements accessible from any public street, alley or sidewalk.
Abandoned refrigerators. All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside.
Flammable liquids. Repeated or continuous violations of the ordinances of the City or laws of the state relating to the storage of flammable liquids.
Unremoved snow. All snow and ice not removed shall be sprinkled with sand or other chemical removers, as provided in this Code.
Outdoor burning heating systems. No person or business shall place on any property within the City an outdoor burning heating system (defined as any structure located outside a residence which burns combustible fuel for the purpose of creating heat for any primary or accessory structure).
Notice to owner. If the inspecting officer determines that a public nuisance exists within the City and that there is a danger to public health, safety, peace, morals or decency, notice may be served by the inspecting officer or an authorized deputy on the person causing, maintaining or permitting such nuisance or on the owner or occupant of the premises where such nuisance is caused, maintained or permitted; and a copy of such notice shall be posted on the premises. Such notice shall direct the person causing, maintaining or permitting such nuisance, or the owner or occupant of the premises, to abate or remove such nuisance within a period not less than 24 hours or greater than seven days and shall state that unless such nuisance is so abated, the City will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, maintaining or permitting the nuisance, as the case may be.
Abatement by City. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the officer having the duty of enforcement shall cause the abatement or removal of such public nuisance.
Abatement by court action. If the inspecting officer determines 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, the inspector shall file a written report of such findings with the Mayor, who, upon direction of the Common Council, shall cause an action to abate such nuisance to be commenced in the name of the City in Juneau County Circuit Court in accordance with the provisions of Ch. 823, Wis. Stats.
Court order. Except where necessary under Subsection A, 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 is occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
Other methods not excluded. Nothing in this article shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the State of Wisconsin.
In addition to any other penalty imposed by this article for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the City shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance. Such cost shall be assessed against the real estate as a special charge.
Enforcement. The Chief of Police, Fire Inspector, Director of Public Works and Building Inspector shall enforce those provisions of this article 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 § 375-6 to abate a public nuisance unless the officer has inspected or caused to be inspected the premises where the nuisance is alleged to exist and is satisfied that a nuisance does, in fact, exist.
[Adopted 10-15-2018 by Ord. No. 0917-18-02]
The following terms shall be defined as follows in this article:
- The Chief of Police or his/her designee.
- A. Any premises, or within 200 feet of the premises, that has generated three or more calls for the City of New Lisbon or any other agency within the City for nuisance activities, has received more than the level of general and adequate City of New Lisbon or any other agency service and has placed an undue and inappropriate burden on the taxpayers of the City. City officials are to charge the owners of such premises the costs associated with abating the violations at premises at which nuisance activities chronically occur.
- ENFORCEMENT ACTION
- Arrest, the issuance of a citation, the issuance of a written or verbal warning, or an order to abate a Code violation.
- A. 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 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.
- (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.
- (24) Violations of Public Nuisance Ordinances, as contained in Chapter 375, City of New Lisbon Municipal Code.
- (25) Violations of Health and Sanitation Ordinances, as contained in Chapter 308, City of New Lisbon Municipal Code.
- (26) Violations of Building Code Ordinances, as contained in Chapter 238, City of New Lisbon Municipal Code.
- (27) Violations of Sex Offenders Ordinances, as contained in Chapter 418, City of New Lisbon Municipal Code.
- (28) Violations of Minimum Standards Ordinances, as contained in Chapter 396, City of New Lisbon Municipal Code.
- B. Exception. Applicable drug, gang, and prostitution offenses will be abated immediately as allowed in Chapter 823, Wis. Stats.
- 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. It includes any officer, director, customer, agent, employee or independent contractor of a property owner, tenant, or occupant.
- An individual dwelling unit, an apartment building (all units included as one premises), trailer parks (all units included as one premises), or an individual business, commercial business, and associated parking lots, yards, and common areas located in the City.
Whenever the Chief determines that three or more nuisance activities resulting in enforcement action have occurred at the premises or within 200 feet of the 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 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 or manager of the premises. 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 appeals rights of the owner.
Section 968.075, Wis. Stats., broadly defines "domestic abuse." Therefore, in reaching a determination that a premises is a chronic nuisance premises, activities that are "domestic abuse" incidents pursuant to § 968.075, Wis. Stats., shall not be included as nuisance activities unless the incidents have been reviewed by the Chief of Police and the Office of the City Attorney and a determination is made that, based upon the specific facts of each incident, the activities should be deemed nuisance activities under the definition of "nuisance activity" in § 375-9. In determining whether to include such activities, the Chief of Police and the Office of the City Attorney shall consider the strong public policy in favor of domestic victims reporting alleged abuses, and this article shall not operate to discourage such reports and shall comply with the domestic violence provisions contained in the Equal Opportunities Ordinance under §§ 39.03(4)(d)3 and 5.
The notice shall be deemed to be properly delivered if sent either by certified mail to the property owner's last known address or if 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.
Any owner receiving notice pursuant to §§ 375-10 and 375-11 shall meet with the Chief, or his/her designee, within seven 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.
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 response and enforcement, by Town personnel, for this and any subsequent nuisance activities. He/she shall also cause such charges and administrative costs to be assessed against the premises as a fee for current service authorized by §§ 61.34 and 66.0628, 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.
Each subsequent nuisance activity shall be deemed a separate violation.
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 City Council by requesting a hearing. The notice of appeal must be in writing and submitted to the City Council in care of the City Mayor with a copy submitted to the Chief of Police. Chapter 68 of the Wisconsin Statutes does not apply to this article.
It shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant or otherwise retaliate against any tenant because that tenant complained to the City of New Lisbon or any other agency about nuisance activities on the landlord's premises. It shall be unlawful for a landlord, or any person acting as an agent for the landlord, to intimidate or actively discourage a tenant and/or person associated with a tenant from calling the police to report nuisance activity associated with a premises. It shall be presumed that any attempt to increase charges, reduce services, or to otherwise harass or retaliate against the tenant during the twelve-month period following receipt of the complaint by the City of New Lisbon or any other agency constitutes unlawful retaliation under this subsection. Such presumption shall be rebutted by the preponderance of evidence that the actions taken by the landlord were based upon good cause. Notwithstanding the foregoing, a tenant's lease agreement or periodic tenancy may be terminated for a failure to pay rent; committing nuisance activity as defined in § 375-9; for the commission of waste upon the premises; violating the terms and conditions of the lease agreement or periodic tenancy; or as otherwise provided in Chapter 704, Wis. Stats., and Ch. Ag. 134, Wis. Admin. Code. A landlord's failure to renew a lease agreement or periodic tenancy upon expiration of such lease agreement or periodic tenancy shall not be deemed a violation of this subsection.
"Good cause," as used in this section, means that a landlord must show good cause for his or her actions, other than one related to or caused by the operation of this section.
Any person who shall violate any provision of this article shall be penalized pursuant to § 1-4, City of New Lisbon Municipal Code, in addition to imposition of a fee for services constituting a special charge against the real estate imposed under § 375-13. Additionally, the City may pursue injunctive relief against the owner in the Circuit Court for Juneau County. All legal costs and attorneys' fees incurred by the City for enforcement of this article, pursuant to any remedy available, shall be payable to the City by the owner of the premises. Judgment for such obligations may be obtained by the City in either the Small Claims Court or Circuit Court for Juneau County.
The public nuisance created by a chronic nuisance premises shall be deemed abated when no enforcement action to address nuisance activities occurs and there are no police, building, health, or fire inspection cases generated for a period of 90 days from the date stated on the notice declaring the premises a chronic nuisance premises.
If any portion of this article shall be deemed invalid or unconstitutional, the remaining portions of the article shall remain in full force and effect. Any invalid or unconstitutional provision of this article as determined by a court of law may be severed from the article without affecting the validity or enforceability of the remaining provisions.