Notwithstanding other provisions of the Municipal Code with
regard to public nuisance prohibitions, penalties, and enforcement,
this article establishes additional enforcement authority of the Village
with regard to chronic nuisance premises, as defined herein.
For the purposes of this article, the following terms shall
have the meanings given herein:
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;
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 Chapter 961 of the Wisconsin
Statutes.
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 Village Attorney or
District Attorney regarding nuisance activities.
NUISANCE ACTIVITIES
For purposes of establishing a chronic nuisance premises,
"nuisance activities" 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 §
8-23 of the Code of the Village of Whitefish Bay 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 §
8-1 of the Code of the Village of Whitefish Bay.
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.
Obstructing a street or sidewalk, as prohibited by §
8-17 of the Code of the Village of Whitefish Bay.
K.
Theft as defined in § 943.20, Wis. Stats.
L.
Arson as defined in § 943.02, Wis. Stats.
M.
Depositing rubbish as prohibited by §
8-24 of the Code of the Village of Whitefish Bay.
N.
Keeping a place of prostitution as defined in § 944.34,
Wis. Stats.
O.
Loitering as prohibited by §
8-20 or
8-22 of the Municipal Code.
P.
Prostitution as prohibited by § 944.30, Wis. Stats.
Q.
Soliciting prostitutes as prohibited by § 944.32,
Wis. Stats.
R.
Pandering as prohibited by § 944.33, Wis. Stats.
S.
Selling, offering for sale or giving away of any intoxicating liquors or fermented malt beverages without a license as provided in Chapter
15, Licenses and Permits, Article
II, Alcoholic Beverages, of the Code of the Village of Whitefish Bay, or § 125.04(1), Wis. Stats.
T.
Possession, manufacture, distribution or delivery of a controlled
substance or related offenses as defined in Ch. 961, Wis. Stats.
U.
Maintaining a drug dwelling as defined in § 961.42,
Wis. Stats.
V.
Illegal gambling as defined in § 945.02, Wis. Stats.
W.
Owning, keeping or harboring a dangerous animal, as defined in Chapter
15, Licenses and Permits, Article
VII, Dog Regulations and Licensing, of the Code of the Village of Whitefish Bay.
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 article
includes entities as well as individuals.
PERSON IN CHARGE
Any person, who is the 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.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
Appeal of the determination of the Chief of Police pursuant to either §
9-7A, or the action of the Village Clerk-Treasurer imposing special charges pursuant to §
9-8A against the premises, may be submitted in writing to the Board of Appeals as an administrative decision under § 62.23, Wis. Stats.
This article maybe enforced by injunction.
Nothing in this article shall be construed as prohibiting the
abatement of public nuisances by the Village or its officials in accordance
with the laws of the state.
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 premised a chronic nuisance premises and/or
there are no building inspection cases generated for a period of 365
days from the date stated on the notice declaring the premises a chronic
nuisance premises.
The provisions of any part of this article 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.