Notwithstanding other provisions of this Municipal Code with
regard to public nuisance prohibitions, penalties and enforcement,
this chapter establishes additional enforcement authority of the Village
with regard to "chronic nuisance premises," as defined herein.
The following definitions shall apply to this chapter:
CHRONIC NUISANCE PREMISES
A premises that meets any of the following criteria:
A.
Is 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 three-hundred-sixty-five-day period
and/or has generated five or more cases for nuisance activities from
at least five building inspections occurring within a one-year period,
with such calls resulting in enforcement action. 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; or
B.
Is a premises for which a 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; or the filing of a
civil or criminal action in a court of law by the Village Attorney
or District Attorney regarding nuisance activities.
NUISANCE ACTIVITIES
For purposes of establishing a chronic nuisance premises,
means 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 §
9.26.010 of the Municipal Code or § 944.20(1)(b), Wis. Stats.
F.
Damage to property as prohibited by § 943.01, Wis.
Stats.
G.
Discharge of a firearm as prohibited by §
9.74.010 of the Municipal Code.
H.
Crimes involving illegal possession of firearms as defined in
§§ 941.23, 941.26, 941.28, 941.29 and 948.60, Wis.
Stats.
I.
Trespass to land as defined in § 943.13, Wis. Stats,
or criminal trespass to dwelling as defined in § 943.14,
Wis. Stats.
J.
Theft as defined in § 943.20, Wis. Stats.
K.
Arson as defined in § 943.02, Wis. Stats.
L.
All nuisances enumerated in Chapters
8.25,
8.28,
8.32,
9.63 and §
9.40.010 of the Municipal Code.
[Amended 3-19-2012 by Ord. No. 002-2012]
M.
Keeping a place of prostitution as defined in § 944.34,
Wis. Stats.
N.
Vagrancy as prohibited by §
9.44.010 of the Municipal Code.
O.
Prostitution as prohibited by § 944.30, Wis. Stats.
P.
Soliciting prostitutes as prohibited by § 944.32,
Wis. Stats.
Q.
Pandering as prohibited by § 944.33, Wis. Stats.
R.
Selling, offering for sale or giving away of any intoxicating
liquors or fermented malt beverages without a license as provided
in § 125.04(1), Wis. Stats.
S.
Possession, manufacture, distribution or delivery of a controlled
substance or related offenses as defined in Ch. 961, Wis. Stats.
T.
Maintaining a drug dwelling as defined in § 961.42,
Wis. Stats.
U.
Illegal gambling as defined in § 945.02, Wis. Stats.
V.
Owning, keeping or harboring a dangerous animal, as defined in Chapter
6.04 of the Municipal Code.
W.
Violations regarding regulation of dogs, cats and other animals as defined in Chapter
6.08 of the Municipal Code.
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" under this chapter
includes entities as well as individuals.
PERSON IN CHARGE
Any person in actual, as operator, or in constructive possession
of a premises, including but not limited to an owner or occupant of
premises under his or her ownership or control.
Appeal of the determination of the Chief of Police or his/her designee pursuant to §
9.47.030 or the action of the Village Director of Administrative Services imposing special charges pursuant to §
9.47.040 against the premises may be submitted in writing to the Board of Appeals as an administrative decision under Ch. 68, Wis. Stats.