[Adopted 8-10-2009 (Sec. 10.10 of the former Municipal Codebook)]
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.[1]
(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.
[1]
Editor's Note: Original subsection A(27), loitering by minors, which immediately followed, of the former Municipal Codebook was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
A. 
Upon determining that a premises meets the definition of a chronic nuisance premises, the Chief of Police shall provide written notice to the owner of the premises, which shall contain the following information:
(1) 
The street address or legal description sufficient to identify the premises;
(2) 
A description of the nuisance activities that have occurred at the premises, including the dates that the nuisance activities are alleged to have occurred;
(3) 
A statement indicating that the cost of future enforcement may be assessed as a special charge against the premises pursuant to § 66.0627, Wis. Stats.;
(4) 
A statement that the owner shall respond to the Chief of Police within 10 days to propose a written course of action to abate the nuisance activities or to appeal the determination, and that failure to submit a plan to abate such nuisance activities within 10 days shall subject the owner to a forfeiture of not less than $250 and not more than $1,000;
(5) 
A statement that the owner of the premises may be subject to a forfeiture of not less than $500 nor more than $1,000 for each and every day the owner maintains, keeps or allows the chronic nuisance premises to exist; and
(6) 
A notice as to the appeal rights of the owner.
B. 
The above notice shall be deemed to be properly delivered to the owner if delivered by any one of the following methods:
(1) 
By personally delivering the notice to the premises owner;
(2) 
By sending it registered mail or by certified mail, return receipt requested, to the owner of the premises' last known address;
(3) 
If the premises owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the owner's usual place of abode in the presence of some competent member of the family at least 14 years of age, or a competent adult currently residing there and who shall be informed of the contents of the notice; or
(4) 
By publication as a Class 1 notice, together with mailing the notice to the owner's last known residential or business address.
C. 
Upon receipt of the notice, the premises owner shall respond within 10 days to the Chief of Police with a written course of action outlining the abatement actions the premises owner proposes to take in response to the notice. The Chief of Police may accept, reject or work with owner to modify the proposal. The proposal shall be deemed acceptable if it can reasonably be expected to abate the nuisance activities within 60 days of submission of the proposal.
A. 
Whenever the Chief of Police determines that additional nuisance activity has occurred on the premises for which a notice has been served pursuant to § 452-10B above, that this nuisance activity has occurred not less than 15 days after the notice has been served, and that the owner has not complied with the requirements of § 452-10C, the Chief of Police shall then cause all costs, fees and expenses to be charged against the owner of the premises and, if unpaid, levied and collected by the City as a special charge against the premises pursuant to § 66.0627, Wis. Stats.
B. 
Calculation. In calculating the fees and expenses that may be levied and collected by the City as a special charge under Subsection A above, the Chief may consider but is not limited to the actual labor costs, including overtime, materials, vehicle expenses and related administrative time for enforcement action upon and/or pertaining to the premises, in calculating the total costs, fees and expenses.
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.