The Prescott Common Council finds that certain premises within
the City receive and require more than the general, acceptable level
of police services, place an undue and inappropriate burden on City
of Prescott taxpayers, and constitute public nuisances. Nuisance activity
contributes to the general decay of an affected neighborhood and negatively
impacts law-abiding residents in these neighborhoods. The vast majority
of properties with chronic nuisance activity are nonowner occupied.
This article is enacted to encourage premises owners to recognize
their responsibility to ensure that activities occurring on their
premises conform to the law and do not unduly burden the City's
police resources, and to provide a mechanism for the City to take
action against premises owners who fail to ensure premises they own
do not require a disproportionate level of police resources to be
devoted to such premises. This article provides a method for police
to use in a progressive manner when working with property owners to
abate nuisance activities occurring on their premises. Therefore,
the Common Council determines that the City will charge the owners
of such premises with the costs associated with abating nuisance activity
at premises where nuisance activities chronically occur. This section
is not intended to discourage crime victims or a person in legitimate
need of police services from requesting them.
For the purposes of this section:
CHIEF OF POLICE
The City of Prescott Police Department Chief of Police or
designee.
CHRONIC NUISANCE PREMISES
A premises that meets any of the following criteria:
A.
A premises which has generated three or more calls for police
services that have resulted in enforcement action for nuisance activities
on three separate days within a ninety-day period. Three or more calls
for police services resulting in enforcement action for nuisance activities
includes enforcement action taken against any person associated with
the premises while at or within 200 feet of the premises for a nuisance
activity;
B.
A premises for which a Pierce County Court of law has determined
that, pursuant to a search warrant request, probable cause exists
that manufacture, distribution or delivery of a controlled substance
has occurred on or in association with the premises within 30 days
prior to the date of the search warrant application; or
C.
Is a premises which has had one enforcement action associated
with the premises resulting from the manufacture, delivery or distribution
of a controlled substance(s), as defined in Ch. 961, Wis. Stats.
ENFORCEMENT ACTION
Any of the following: The physical arrest of an individual(s),
the issuance of a citation for a law violation and/or referral of
charges by the police to the District Attorney for prosecution for
nuisance activities.
NUISANCE ACTIVITIES
Any of the following activities, behaviors or conduct:
A.
An act of harassment as defined in § 947.013, Wis.
Stats.
B.
Disorderly conduct as defined in § 947.01, Wis. Stats.
C.
Crimes of violence as defined in Ch. 940, Wis. Stats.
D.
Resisting or obstructing an officer as prohibited by § 946.41,
Wis. Stats.
E.
Indecent exposure as prohibited by § 944.20(1)(b)
Wis. Stats.
F.
Damage to property as prohibited by § 943.01, Wis.
Stats.
G.
The production or creation of noises disturbing the peace, as prohibited by §
435-9.
H.
Discharge of a firearm as prohibited by §
435-3.
I.
Crimes involving illegal possession of firearms as defined in
§§ 941.23, 941.26, 941.28, 941.29 and 948.60, Wis.
Stats.
J.
Trespass to land as defined in § 943.13, Wis. Stats, or criminal trespass to dwelling as defined in § 943.14, Wis. Stats, or unlawful trespass as prohibited in §
435-26.
K.
Theft as defined in § 943.20, Wis. Stats.
L.
Arson as defined in § 943.02, Wis. Stats.
M.
Possession, manufacture, distribution or delivery of a controlled
substance or related offenses as defined in Ch. 961, Wis. Stats.
N.
Maintaining a drug dwelling as defined in § 961.42,
Wis. Stats.
PERSON
Any natural person, agent, association, firm, partnership,
corporation or other entity capable of owning, occupying or using
property in the City of Prescott.
PERSON ASSOCIATED WITH
Any person who, whenever engaged in a nuisance activity,
has entered, patronized, visited, or attempted to enter, patronize
or visit, or waited to enter, patronize or visit a premises or person
present on a premises, including, without limitation, any officer,
director, customer, agent, employee, or any independent contractor
of a property, person in charge, or owner of a premises.
PERSON IN CHARGE
Any person, in actual or constructive possession of a premises,
including, but not limited to, an owner or occupant of the premises
under his or her ownership or control.
PREMISES
A place of abode, a residence, a house or multiple dwelling
unit for one or more persons, including lodging houses, hotels, motels
and tourist rooming houses, and associated common areas, yards and
parking lots. In the case of multiple dwelling units, "Premises",
as used in this section, may consist of any single unit providing
complete, independent living facilities for one or more persons, including
provisions for living, sleeping, eating, cooking and sanitation.
Appeal of the determination of the Chief of Police on pursuant to either §
443-14A or the action of the Finance Director imposing special charges pursuant to §
443-15A against the premises, may be submitted in writing to the Prescott City Council.
The public nuisance created by a chronic nuisance premises shall
be deemed abated when no enforcement action to address nuisance activities
occurs for a period of six consecutive months from the date stated
on the notice declaring the premise a chronic nuisance premises generated
for a period of six consecutive months from the date stated on the
notice declaring the premises a chronic nuisance premises.
The provisions of any part of this section are severable. If
any provision or subsection hereof or the application thereof to any
person or circumstances is held invalid, the other provisions, subsections
and applications of such ordinance to other persons or circumstances
shall not be affected thereby. It is declared to be the intent of
this section that the same would have been adopted had such invalid
provisions, if any, not been included herein.
The Chief of Police shall annually report to the Common Council
on the following:
A. How many premises were declared chronic nuisance premises.
B. How many premises that were declared chronic nuisance premises were
abated and the length of time it took for abatement to occur.
C. How often the cost recovery provision was used and the dollar amount
collected under this provision.