The Common Council finds that certain premises within the City
receive and require more than the general, acceptable level of police
services. Such premises place an undue and inappropriate burden on
City of Reedsburg taxpayers and constitute public nuisances. The Common
Council therefore authorizes the Chief of Police to charge the owners
of such premises the costs associated with abating the violations
at premises where nuisance activities chronically occur and to provide
for forfeitures for the failure of property owners to abate such nuisance
activities.
As used in this article, the following terms shall have the
meanings indicated:
CHIEF OF POLICE
The Chief of the Reedsburg Police Department or his or her
designee.
CHRONIC NUISANCE PREMISES
Premises that meet any of the following criteria:
A.
The premises has had three or more nuisance activities resulting
in enforcement action on separate occasions within 30 days; or
B.
The premises has had six or more nuisance activities resulting
in enforcement action on separate occasions within a twelve-month
period of time.
ENFORCEMENT ACTION
Any of the following: The physical arrest of a person(s),
the issuance of a citation(s) for a law violation and/or referral
of charges by the Police Department to the City Attorney or District
Attorney for prosecution for nuisance activities.
NUISANCE ACTIVITY
A.
Any of the following activities, behaviors or conduct occurring
on or within 200 feet of a premises whenever engaged in by premises
owners, operators, occupants or a person or persons associated with
a 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)
Lewd and lascivious behavior, as defined in § 944.20,
Wis. Stats.
(5)
Prostitution, as defined in § 944.30, Wis. Stats.
(6)
Keeping a place of prostitution, as defined in § 944.34,
Wis. Stats.
(7)
Soliciting prostitution, as defined in § 944.32, Wis.
Stats.
(8)
Patronizing prostitutes, as defined in § 944.31, Wis.
Stats.
(9)
Pandering, as defined in § 944.33, Wis. Stats.
(10)
Theft, as defined in § 943.20, Wis. Stats.
(11)
Receiving stolen property, as defined in § 943.34
Wis. Stats.
(12)
Arson, as defined in § 943.02, Wis. Stats.
(13)
Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Ch. 961, Wis. Stats., and §
434-5D of the Code of the City of Reedsburg.
(14)
Gambling, as defined in § 945.02, Wis. Stats.
(15)
Animal violations, as defined in Chapter
210 of the Reedsburg Municipal Code.
(16)
Trespassing, as defined in §§ 943.13 and 943.14,
Wis. Stats.
(17)
The production or creation of excessive noise, as defined in §
434-5I and §
210-14A Code of the City of Reedsburg.
(18)
Loitering, as defined in §
434-4D of the Code of the City of Reedsburg.
(19)
Littering, as defined in Chapter
374 of the Code of the City of Reedsburg.
(20)
Crimes involving illegal possession or use of firearms, as defined in Ch. 941 and § 948.60, Wis. Stats., and §
282-1 of the Code of the City of Reedsburg.
(21)
Indecent exposure, as defined in § 944.20(1)(b), Wis.
Stats.
(22)
Possessing open intoxicants in public, as defined in §
434-5E and §
349-14B of the Code of the City of Reedsburg.
(23)
Selling or giving away tobacco products to persons under the age of 18 as defined in §§
382-14 and
382-15 Code of the City of Reedsburg.
(24)
Illegal sale, discharge and use of fireworks as defined in Chapters
231 and
297 of the Code of the City of Reedsburg.
(25)
Truancy and contributing to truancy, as defined in Ch.
382, Art.
II, of the Code of the City of Reedsburg.
(26)
The operation of structures for the purpose of prostitution or gambling as defined in §
434-5A(13) through
(19) of the Code of the City of Reedsburg.
(27)
Underage consumption, possession or procurement of alcohol, as defined in Ch. 125, Wis. Stats. and Ch.
382, Art.
III, of the Code of the City of Reedsburg.
(28)
Conducting a disorderly, riotous or indecent licensed premises, as defined in §
434-5A, Code of the City of Reedsburg.
(29)
Illegal sale of intoxicating liquor or fermented malt beverages, as defined in Ch. 125, Wis. Stats., and Ch.
349 of the Code of the City of Reedsburg.
(30)
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
above.
(31)
Any act of aiding and abetting, as defined in § 939.05,
Wis. Stats., any of the activities, behaviors or conduct enumerated
above.
PERSON ASSOCIATED WITH A PREMISES
The premises owner, operator, manager, officer, director,
resident, occupant, guest, visitor, customer, patron or employee or
agent of any of the above individuals, or one who waits to enter or
attempts entry to the premises.
PREMISES
An individual or multifamily dwelling unit; any property
used for residential purposes, whether or not owner-occupied; an individual
business or commercial property; and associated common areas.
It shall be unlawful for any property owner, operator, tenant,
occupant, or person associated with a premises to allow the establishment
of, keep, or maintain a chronic nuisance premises as described herein.
Whenever the Chief of Police determines that:
A. Three or more nuisance activities resulting in enforcement action
have occurred on separate occasions at the premises within 30 days,
or
B. Six or more nuisance activities resulting in enforcement action have
occurred on separate occasions at the premises within a twelve-month
period of time, the Chief of Police shall notify the premises owner,
in writing, that the premises is a chronic nuisance premises. Nuisance
activities which were reported by the owner or manager of the premises
shall not be counted in determining whether a premises is a chronic
nuisance premises.
In addition to the recovery of costs, expenses and fees as provided in §
452-11A and
B, the following penalties may be jointly and severally sought and/or employed by the City and may be ordered and/or imposed for violations herein:
A. A premises owner who fails to respond to the Chief of Police within 10 days with a written course of action to abate the nuisance activities, pursuant to §
452-10C, shall forfeit and pay to the City a forfeiture of not less than $250 and not more than $1,000, plus court costs and fees.
B. Any person who shall allow the establishment of, keep, or maintain
a chronic nuisance premises after notice by the Chief of Police that
the premises were designated a chronic nuisance premises shall forfeit
and pay to the City not less than $500 nor more than $1,000 for each
separate incident of nuisance activity.
C. The foregoing penalties and remedies are not in lieu of any other
legal or equitable remedies available pursuant to other City ordinances,
state statutes, or state administrative codes.
Appeal of the determination of the Chief of Police declaring
a property to be a chronic nuisance premises or appeal of the imposition
of special charges against the premises shall be submitted, in writing,
to the Ordinance Committee within 10 days of receipt of notice of
the determination or imposition of special charges. In the event such
appeal is timely filed, all parties shall be afforded an opportunity
to present evidence and to rebut or offer countervailing evidence
at a hearing after reasonable notice. The review procedures provided
by Chapter 68, Wis. Stats., shall not apply to appeals under this
article.
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 months from the date stated on the notice
declaring the premises a chronic nuisance premises.