Village of Hobart, WI Peace and Good Order

This section is a regulatory measure aimed at protecting the health and safety of children in the Village of Hobart from the risk that sexual offenders convicted of an offense against a child may re-offend in locations close to where children congregate. Given the high rate of recidivism for sexual offenders, and that reducing opportunity and temptation is important to minimizing the risk of re-offense, there is a need to protect children where they congregate or play in public places. Therefore, the Village finds and declares that sexual offenders are a serious threat to the public safety of children if regulatory measures are not in place that prohibit their presence in specified areas designated as places children commonly congregate. The Village of Hobart finds and declares that in addition to schools and day-care centers, children congregate or play at child-oriented facilities, such as parks and playgrounds.

It is not the intent of this section to impose a criminal penalty, but rather to serve the Village's compelling interest to promote, protect, and improve the health, safety, and welfare of the children of the Village by prohibiting convicted sexual offenders from loitering or being present in specified areas around locations where children regularly congregate in concentrated numbers. It is the further intent of this section to recognize that convicted sexual offenders must reenter the community, and the Village of Hobart hereby accepts that it has a responsibility to convicted sexual offenders and the surrounding area municipalities to ensure that, in addition to promoting regulatory measures aimed at protecting children, its regulatory measures are not aimed at prohibiting convicted sexual offenders from being part of this society.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except when the context clearly indicates a different meaning:

CHILD

A person age 16 or younger for purposes of this section.

DESIGNATED OFFENDER

Any person who is required to register under Wis. Stats. § 301.45 and is under court-ordered supervision by the Wisconsin Department of Corrections for any sexual offense against a child, unless the person is under the age 18 at the time of the offense and the offender was not tried and convicted of the offense as an adult.

LOITERING

Whether in a group, crowd, or as an individual, to stand idly about, loaf, prowl, congregate, wander, stand, linger aimlessly, proceed slowly or with many stops, to delay or dawdle.

MINOR

A person age 17 or younger.

ZONES

Restricted zones. Certain areas that are designated by the Village as areas children congregate, including, but not limited to, schools, parks, playgrounds, licensed day-care centers, or any other place designated by the Village as a place where children are known to congregate. Restricted zones will not expand beyond the real estate parcel or parcel(s) upon which the building, park or establishment is located that instigated the Village's designation of such restricted zone, but will include contiguous parcels used for ancillary purposes, such as an athletic field located adjacent to a school.

Loiter-fee zones. The two-hundred-foot radius surrounding all restricted zones.

Restricted Zone Map. An Official Map shall be maintained by the Village, showing restricted zones designated in red and loiter-free zones designated in yellow (the "Restricted Zone Map"). The Village shall update the Restricted Zone Map at least annually to reflect any changes in the location of restricted zones and loiter-free zones. Restricted Zone Maps will be available at the Village's office and on the Village's official website.

Prohibited location and/or acts.

Restricted zones.

Restricted zone restrictions. It is unlawful for any designated offender to be physically present within a restricted zone under any of the following circumstances:

When children are present or are reasonably presumed or known to be present;

[2]

Monday through Friday, in a school or day-care center restricted zone and between 7:00 a.m. and 11:00 p.m.; or

[3]

In a park or playground restricted zone and between 7:00 a.m. and 11:00 p.m.

Restricted zone restriction exceptions. A designated offender may be physically present on any day or time within a restricted zone if all of the following are present:

The designated offender has official business, which is determined by the reasonable person standard; and

[2]

The designated offender is accompanied by another adult who is not a designated offender.

Loiter-free zones. It is unlawful for a designated offender to loiter within a restricted zone or loiter-free zone.

Holiday prohibition. It is unlawful for any designated offender to participate in a holiday event involving children under 16 years of age, such as distributing candy or other items to children on Halloween, wearing a Santa Claus costume on or preceding Christmas or wearing an Easter Bunny costume on or preceding Easter. Holiday events in which the designated offender is the parent or guardian of the children involved, and no non-familial children are present, are exempt from this subsection.

Penalties. A person who violates this section shall be punished by a forfeiture not exceeding $2,000, together with the actual costs of prosecution, including attorney fees, if necessary.

§ 221-3 Throwing or shooting missiles and projectiles.

No person shall throw or shoot any object, stone, snowball or other missile or projectile, by hand or by any other means, at any person or at, in or into any building, street, sidewalk, alley, highway, park, playground or other public place within the Village.[1]

Editor's Note: Original Sec. 3.804, Sale and discharge of fireworks restricted, which immediately followed this section, was repealed 1-6-2015 by Ord. No. 01-2015.

§ 221-4 Obstructing streets and sidewalks prohibited.

No person shall stand, sit, loaf, loiter or engage in any sport or exercise on any public street, sidewalk, bridge or public ground within the Village in such manner as to prevent or obstruct the free passage of pedestrian or vehicular traffic thereon or prevent or hinder free ingress to or egress from any place of business or amusement or any church, public hall or meeting place.

§ 221-5 Loud and unnecessary noise prohibited.

[Amended 11-7-2018 by Ord. No. 2018-24; 5-17-2022 by Ord. No. 2022-06]

General prohibition. No person shall make or cause to be made any loud, disturbing or unnecessary sounds or noises which may annoy or disturb a person of ordinary sensibilities in or about any public street, alley or park or any private residence, unless specified in Subsections B, C and D below.

Musical performance. No musical instruments, radios, jukeboxes, speakers, or other means of electric sound or music amplification may be used or operated in an outdoor area, defined as any area, whether or not enclosed by a roof, which is open to the elements, after 10:00 p.m. Sunday through Thursday and after 11:00 p.m. on Fridays and Saturdays. Music that is not amplified may continue in an outdoor area for one hour longer than allowed for in this subsection, so long as the noise is not unreasonably loud beyond the property boundaries so as to tend to cause or provoke a disturbance. No outdoor music shall start earlier than 7:00 a.m. on any day of the week.

Construction noise. The erection, excavation, demolition, alteration or repair of any building, as well as the operation of any construction equipment or any other similar equipment attended by loud or unusual noise, concussions or disturbing sounds other than between the hours of 7:00 a.m. and 9:00 p.m. on weekdays and 9:00 a.m. and 5:00 p.m. on Saturdays, Sundays and public holidays.

Municipal operations exempted. This section shall not apply to public utilities and public works projects and operations during daytime hours Monday through Saturday; however, the noise shall be minimized through proper equipment operations and maintenance. Emergency short-term operations necessary to protect the health and welfare of the citizens shall be exempted from this section. Any noise required specifically by law for the protection, health, welfare, or safety of people or property shall be exempted from this section.

Other exemptions. All other exemptions to this section may be granted by the Police Chief or Village Administrator or their designees.

§ 221-6 Loitering.

Loitering or prowling prohibited, generally. No person shall loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the person takes flight upon appearance of a police or peace officer, refuses to identify himself or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances makes it impracticable, a police or peace officer shall, prior to any arrest for an offense under this subsection, afford the person an opportunity to dispel any alarm which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection if the police or peace officer did not comply with the preceding sentence or if it appears at trial that the explanation given by the person was true and if believed by the police or peace officer at the time would have dispelled the alarm.

Obstruction of traffic by loitering. No person shall loaf or loiter in a group or crowd upon the public streets, alleys, sidewalks, street crossings or bridges or in any other public place within the Village in such manner as to prevent, interfere with or obstruct the ordinary free use of such public streets, alleys, sidewalks, street crossings or bridges or other public places by persons passing along and over the same.

Loitering after being requested to move.

In groups or crowds. No person shall loaf or loiter in a group or a crowd upon the public streets or sidewalks or in adjacent doorways or entrances, on street crossings or bridges, or in any other public place, or on any private premises without invitation from the owner or occupant, after being requested to move by any police officer or by any person in authority at such places.

In places of public assembly or use. No person shall loiter, lounge or loaf in or about any depot, theater, dance hall, restaurant, store, mall, public sidewalk, public parking lot or other place of assembly of public use after being requested to move by any police officer or by any person in authority at such place. Upon being requested to move, a person shall immediately comply with such request by leaving the premises or the area thereof.

Obstructing highways. No person shall obstruct any street, bridge, sidewalk or crossing by lounging or loitering in or upon the same after being requested to move on by any police officer.

Loitering in school and playground areas. No person not in official attendance or on official school business shall enter into, congregate, loiter, wander, stroll, stand or play in any school building or in or about any playground area adjacent thereto within the Village on official school days.

§ 221-7 Littering prohibited.

No person shall throw, deposit, place or dump any glass, refuse, waste, filth, tires, wood waste, grass clippings, weeds, shingles, waste from cement trucks or any other litter upon the streets, alleys, highways, public parks or other property of the Village or upon any private property or upon the surface of any body of water within the Village.

No person shall place anything in a privately owned dumpster not owned by them. No person shall place nonrecyclables at a recycling center.

§ 221-8 Obedience to officers.

No person shall resist or interfere with any officer of the Village while such officer is doing any act in his official capacity and with lawful authority; nor shall any person refuse to assist an officer in carrying out his duties when so requested by the officer.

§ 221-9 Use of off-road motorized vehicles.

[Amended 6-7-2016 by Ord. No. 05-2016]

Defined. An "off-road motorized vehicle" is defined as a vehicle not licensed for operation on highways by the state.

Restricted. No person shall operate any off-road motorized vehicle on any public roadway in the Village except on duly designated highways, streets or roadways.

Off-road motorized vehicles allowed.

A person may operate an off-road motorized vehicle on land owned by the operator thereof or a member of his immediate family.

A person may operate an off-road motorized vehicle on undeveloped private property in the Village, provided that, at the time of the operation, the person has on his person written permission from the owner of the property to operate off-road motorized vehicles on such private property.

Public safety vehicles are exempt from this section.

§ 221-10 Found property.

When goods or money are found in the Village and the person finding the goods or money does not know the identity of the owner, the person finding the goods or money shall notify the Police Department and permit such Department to take possession thereof.

The Police Department shall attempt to identify and notify the owner of the goods or money and deliver the same to the owner if he appears at the Department offices to take possession.

If the owner cannot be identified or notified within 30 days of the time the Police Department takes possession, possession shall be returned to the person who found the goods or money except as prohibited by § 66.0139, Wis. Stats., or other state or federal law.

If the person declines to take the goods or money, the property may be disposed of in accordance with § 66.0139, Wis. Stats.[1]

Editor's Note: Original Sec. 3.823, Obscene material and performances prohibited, which immediately followed this section, was repealed 1-6-2015 by Ord. No. 01-2015.

§ 221-11 Trespassing in vehicles.

No person shall enter a motor vehicle, aircraft or watercraft or any part thereof belonging to another without the consent of the person in lawful possession of the vehicle, aircraft or watercraft.

§ 221-12 Traps restricted.

No person shall use a killer trap (conibear type trap) or steel-jawed (leg hold) trap within the Village without DNR permits. Live traps that do not injure the animal are not prohibited by this section.

§ 221-13 Fraudulent return of merchandise.

No person shall return merchandise to a merchant for the purpose of claiming a cash refund or credit if the person deceives the merchant by doing any of the following:

Represents that such person purchased the merchandise when the person did not purchase it.

Represents that the merchandise was purchased from a particular merchant when it was not purchased from that merchant.

Represents that the merchandise was purchased for a particular price when it was purchased for a lower price.

Gives the merchant a false name or address.

§ 221-14 Fraud on residential landlords prohibited.

Prohibited acts. Any person who with intent to defraud does any of the following shall be guilty of violating this section:

Intentionally absconds without paying rent that has been contractually agreed upon in an oral or written lease with a landlord. Prima facie evidence of intentionally absconding will be established if a tenant fails to pay rent due prior to the vacating of the rental premises by the tenant and the nonpayment of such rent continues for a period of five days after vacation of the premises; or

Issues any check, money order or any other form of bank or monetary draft as a payment of rent, where such document lacks sufficient funds, where the account is closed or where such draft is unredeemable in any other form or fashion. Prima facie evidence of intention to defraud will be established if a tenant fails within five days of a written demand by the landlord or agent to pay in full the total amount of the draft presented as rent payment plus any bank charges to the landlord attributable to the unredeemability of the draft.

Applicability. This section shall apply to rental agreements between residential landlords and tenants only. The words and terms used in this section shall be defined and construed in conformity with the provisions of Ch. ATCP 134, Wis. Adm. Code, Ch. 704, Wis. Stats., and § 990.001(1), Wis. Stats. The act of service by a landlord of a legal eviction notice or notice to terminate tenancy shall not in itself act as a bar to prosecution under this section.

Procedure. An officer may issue a citation only when the complainant provides the following:

The name and current address of the tenant, a copy of the subject lease agreement or sworn testimony of the terms of the subject oral lease.

The amount of rent due, date it was due, date the tenant actually vacated the premises and testimony that the rent remained unpaid for not less than five days after vacating and that the tenant did not notify or attempt to notify the complainant of tenant's new address or that tenant knowingly gave complainant a false address.

As to an unredeemable payment, the document used for attempting rent payment, the written demand for payment of the full amount plus bank charges, proof that the tenant received the written demand and testimony that at least five days have elapsed since the demand was received and no payment has been made.

§ 221-15 Misuse of statewide emergency services number 911 prohibited.

[Amended 1-6-2015 by Ord. No. 01-2015]

The Village hereby adopts § 256.35, Wis. Stats. Any person who intentionally dials the telephone number 911 to report an emergency, knowing in fact that the situation which he or she reports does not exist, shall be fined in accordance with the statute.

§ 221-16 Trespass to buildings, structures or business.

Permission required. No person shall enter any building, structure, business or property of another without the permission of the owner or person in charge.

Presumption. Permission to enter shall be presumed when the area is normally open to the public. Permission may be withdrawn by the owner or person in charge.

Authority to climb. No person shall climb any utility pole within the Village unless that person has been duly authorized by the Village and/or the utility. No person shall attempt to remove or remove from any utility pole any Village property, including but not limited to flags and decorations, unless that person has been duly authorized by the Village and/or the utility.

§ 221-17 Violations and penalties.

Except as otherwise provided herein, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-3 of this Code. In addition to any penalty imposed for violation of this chapter adopting § 943.01(1), Wis. Stats., any person who shall cause physical damage to or destroy any public property shall be liable for the costs of replacing or repairing such damaged or destroyed property. The parent of any unemancipated minor child who violates this chapter adopting § 943.01(1), Wis. Stats., may also be held liable for the cost of repairing such damaged or destroyed property in accordance with § 895.035, Wis. Stats.

§ 221-18 Key lock boxes required on exterior of certain structures for public safety purposes.

[Added 9-5-2017 by Ord. No. 2017-02]

Definitions. For the purposes of this section, the following definition applies:

LOCK BOX

A keyed steel lock box container, UL approved, with a high-security lock and designed to be either surface or recess mounted on a building to secure keys to such building. This box is designed to hold keys for emergency entry into buildings. Lock box keys shall be kept by the Hobart/Lawrence Police, and the Hobart Fire Department.

Requirement and location. A lock box shall be required on all commercial and industrial structures, multifamily residential structures of four or more units, government structures, nursing care facilities and in any other building in the Village as ordered by the Fire Chief and Police Chief.

The lock box shall be mounted in an accessible location approved by the Fire Chief and Police Chief.

The particular model of lock box shall also be approved by the Fire Chief and Police Chief and shall contain the following keys necessary to provide emergency access:

Keys to locked points of ingress whether on the interior or exterior of such building; keys to locked mechanical equipment rooms, keys to locked electrical rooms; keys to elevator controls; and keys to other areas as directed by the Fire Chief and Police Chief.

Each key shall be legibly labeled to indicate the lock that a certain key opens.

The Fire Chief shall designate the type of key lock box system to be implemented within the Village of Hobart and shall have the authority to require all structures to use the designated and approved system.

(5)

The owner or operator of a structure required to have a key lock box shall, at all times, keep keys in the lock box that will allow access.

(6)

The Police Chief and Fire Chief shall be authorized to implement rules and regulations for the use of the lock box system.

(7)

The Police Chief and Fire Chief shall promulgate and enforce procedures to protect the security of the department's master key lock box key.

New construction exemption. All newly constructed structures subject to this section shall have the key lock box installed and operational prior to the issuance of an occupancy permit, unless the Fire Chief grants an exemption to this requirement and determines that a lock box is not necessary. It shall be the sole discretion of the Fire Chief to determine whether to exempt a newly constructed structure from the key lock box installation requirement.

Maintenance. The owner of any building within the scope of this section shall maintain the lock box in good working order and be responsible to assure that keys maintained within the lock box are current keys to the existing locks in the building. When a change of locks within a building is necessary, the owner shall advise the Fire Chief and Police Chief thereof and place new keys in the lock box.

Unauthorized key removal prohibited. No person, except authorized fire department, law enforcement personnel, or emergency responders shall remove any key from a lock box without the authorization of the building owner.

Compliance.

New construction. No occupancy permit shall be issued under § 295-338 of this Code for any building within the scope of this section which does not comply with Subsection B above, unless a variance has been granted under Subsection C above.

EXCESSIVE REQUESTS FOR EMERGENCY ASSISTANCE

Existing buildings. All existing buildings within the scope of this section shall comply with Subsection B above no later than six months from the date the building owner is notified by the Village of the requirements of this section. After such six-month period, any building which fails to so comply shall not be occupied, rented, or otherwise used until all requirements of this section have been met.

Penalty. Any person who violates a provision of this section shall be subject to a penalty as provided in § 1-3 of this Code.

§ 221-19 Public safety and fire emergency response cost recovery.

[Added 9-5-2017 by Ord. No. 2017-03]

Definitions. Unless the context specifically indicates otherwise, the meaning of the terms used in this section shall be as follows:

ASSESSABLE COSTS

Those costs for services incurred by the Village in connection with a response to a public safety or fire emergency incident, including, but not limited to, the actual labor and material costs of the Village (including, without limitation, employee wages, fringe benefits, administrative overhead, costs of equipment, costs of equipment operation, costs of materials, costs of transportation, costs of material disposal and costs of contracted labor) whether or not the services are provided by the Village or by a third party on behalf of the Village; service charges and interest; attorneys' fees, litigation costs and any costs, charges, fines or penalties to the Village imposed by any court or state or federal governmental entities.

BOMB THREATS

The verbal or written threat of a bomb or other explosive device which if discharged as threatened would violate a federal, state or local law.

EMERGENCY ASSISTANCE

Emergency medical, public safety, police, fire or civil defense services.

Any request for emergency assistance made to a particular location or premises if such location or premises has requested emergency assistance more than three times in the preceding 30 days.

HAZARDOUS MATERIAL INCIDENT OR EMERGENCY

Any occurrence, incident, activity, accident or emergency where a release of hazardous materials occurs or is reasonably imminent and where the Fire Chief or his or her designee has so declared such activity, accident or emergency a hazardous material incident or emergency.

HAZARDOUS MATERIALS

Those elements, substances, wastes or byproducts, including, but not limited to, combustible liquid, flammable gas, explosives, flammables, poisons, organic peroxides, oxidizers, pyrophorics, unstable reactive matter, water reactive matter, petroleum products, anti-freeze, polychlorinated biphenyls and asbestos, which are or are potentially harmful to the environment or human or animal life, or which pose an unreasonable or imminent risk to life, health or safety of persons or property, or to the ecological balance of the environment as determined by the Fire Chief or the senior fire official of the Village in charge at the scene.

ILLEGAL FIRE

A fire set or determined to have been set in violation of a federal, state or local law and shall include an arson fire and a fire set in violation of a no-burning ban or order. An illegal fire does not include an unintentional fire or fire caused by an act of God.

MOTOR VEHICLE

Any self-propelled or towed vehicle designed or used on the public streets, roads and highways to transport passengers or property which is required to be registered for use upon such public streets, roads and highways and, for the purposes hereof, all trailers or appurtenances attached to any motor vehicle.

PUBLIC SAFETY OR FIRE EMERGENCY INCIDENT

Requests for emergency assistance, a false alarm, a hazardous material incident or emergency, an illegal fire, bomb threats, threats of harm to oneself or others, a structure demolition, or a utility line failure.

RELEASE

Any actual or threatened spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping or disposing into the environment, including, but not limited to, the air, soil, groundwater and surface water.

RESPONSIBLE PARTY

Any individual, firm, corporation, association, partnership, commercial entity, consortium, joint venture, government entity or any other legal entity responsible for a public safety or fire emergency incident or any owner, tenant, occupant or party in control of real or personal property from which, onto which or related to which there is a public safety or fire emergency incident, including heirs, estates, successors, agents or assigns.

STRUCTURE DEMOLITION

The tearing down of a structure damaged by fire which the Fire Chief, or his or her designee, has determined must be promptly demolished to protect public safety.

THREATS OF HARM TO ONESELF OR OTHERS

The verbal or written threat of physical harm to oneself or another or another's property which if carried out would be a violation of federal, state or local law.

UTILITY LINE FAILURE

The disabling of any transmission or service line, cable, conduit, pipeline, wire or the like used to provide, collect or transport electricity, natural gas, communication or electronic signals (including, but not limited to, telephone, computer, cable television and stereo signals or electronic impulses), water or sanitary or storm sewage.

VILLAGE

The Village of Hobart, Brown County, Wisconsin.

Cost recovery authorization and procedure.

The Village may recover all assessable costs in connection with a public safety or fire emergency incident from any or all responsible parties jointly or severally.

The Village Administrator or his or her designee shall determine the total assessable costs and shall in consultation with other Village personnel involved in responding to a public safety or fire emergency incident determine whether to assess any, all or part of such costs against any of the responsible parties. In making such determination, the following shall be considered:

The total assessable costs;

The risk the public safety or fire emergency incident imposed on the Village, its residents and their property;

Whether there was any injury or damage to person or property;

Whether the public safety or fire emergency incident required evacuation;

The extent the public safety or fire emergency incident required an unusual or extraordinary use of Village personnel and equipment; and

(f)

Whether there was any damage to the environment.

After consideration of the factors in Subsection B(2) above, the Village Administrator may allocate assessable costs among and between responsible parties, including allocating all or some of such costs jointly and severally against more than one responsible party regardless of whether a responsible party is subject to other legal liability or fault.

CLANDESTINE DRUG LAB OPERATION

If the Village Administrator determines not to assess all or a part of assessable costs against a responsible party, such determination shall not limit or extinguish the liability of the responsible party to other parties.

Billing and collection of assessable cost. After determining to assess assessable costs against a responsible party, the Village Clerk shall mail an itemized invoice to the responsible party at its last known address. Such invoice shall be due and payable within 30 days of the date of mailing, and any amounts unpaid after such date shall bear a late payment fee equal to 1% per month or fraction thereof that the amount due and any previously imposed late payment fee remains unpaid. If a responsible party appeals assessable costs pursuant to Subsection D below, such costs, if upheld, in whole or in part, shall be due and payable 30 days from the date of determination of the appeal, and any late payment fees shall apply thereafter.

Procedure for appealing assessable costs. Any responsible party who receives an invoice for assessable costs shall have an opportunity to meet with the Village Administrator or his or her designee to request a modification of assessable costs. The responsible party shall request in writing such meeting within seven calendar days of the date of the invoice assessing the assessable costs. If, after meeting with the Village Administrator, or his or her designee, the responsible party is not satisfied with the determination of the Village Administrator, the responsible party may request an opportunity to appear before the Village Board of Trustees to further request a modification of assessable costs. A responsible party who desires to appear before the Village Board of Trustees must file a written request to appear before the Village Board of Trustees with the Village Administrator within seven calendar days of the date of the meeting with the Village Administrator. Upon receipt of such request, the Village Administrator will place the responsible party's request for a modification of assessable costs on the agenda of the next regularly scheduled Village Board of Trustees meeting. Any filed request to appear shall specifically identify and explain all reasons why the responsible party believes the assessed costs should be modified. Any reason, basis or argument for modification of assessable costs not set forth in the request to appear shall be deemed waived by the responsible party. Failure to timely file a written request to appear shall constitute a waiver of the responsible party's right to appear before the Village Board of Trustees; and shall further constitute the responsible party's agreement to pay the assessable costs invoiced. After a responsible party has been given an opportunity to appear before it, the Village Board of Trustees shall promptly determine whether to confirm, modify or void the payment of assessable costs invoiced.

Assessable costs a lien upon property. Assessable costs assessed against a responsible party that are not paid when due, including late payment fees, shall constitute a lien upon the real property owned by the responsible party, from which, upon which or related to which the public safety or fire emergency incident occurred. The Village Clerk shall, on November 15 of each year, certify to the Brown County Treasurer the fact that such special charges are delinquent and unpaid. The Brown County Treasurer shall then enter the special charges on the next general tax roll as a charge against the affected property, and the lien thereon shall be enforced in the same manner as provided and allowed by law for delinquent and unpaid real property taxes.

Remedies. In addition to the remedy set forth in Subsection E above, the Village shall be entitled to pursue any other remedy or may institute any appropriate action or proceeding in a Wisconsin court of competent jurisdiction as permitted by law to collect assessable costs from a responsible party.

No limitation of liability. The recovery of assessable costs described above does not limit the liability of a responsible party under applicable local, state or federal law.

Severability. Should any provision or part of this article be declared by a court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of any other provision or part which shall remain in full force and effect.

§ 221-20 Cleanup of clandestine drug lab sites and chemical dump sites.

[Added 9-5-2017 by Ord. No. 2017-04]

Interpretation and application. In the interpretation and application of this section, the provisions herein shall be construed to protect the public health, safety and welfare. Where the conditions imposed by any provision of this section are either more or less restrictive to the public than comparable provisions imposed by any other law, ordinance, statute, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements on the public shall prevail. Should any court of competent jurisdiction declare any section or subpart of this section to be invalid, such decision shall not affect the validity of the section as a whole or any part thereof, other than the provision declared invalid.

Definitions. For the purposes of this section, the following terms or words shall be interpreted as follows:

CHEMICAL DUMP SITE

Any place or area where chemicals or other waste materials used in a clandestine drug lab operation have been located.

The unlawful manufacture or attempt to manufacture a controlled substance.

CLANDESTINE DRUG LAB SITE

Any place or area where law enforcement has determined that an unlawful clandestine drug lab operation exists or existed. A clandestine drug lab site may include, but is not limited to, dwellings, accessory buildings, structures or units, vehicles, boats, trailers or any other area or locations.

CONTROLLED SUBSTANCE

Any drug, substance or immediate precursor in Ch. 961, Wis. Stats., together with any amendments or modifications thereto. The term shall not include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.

DIRECTOR OF NEIGHBORHOOD SERVICES

The Director of Neighborhood Services for the Village of Hobart or his/her duly authorized representative(s).

HOUSEHOLD HAZARDOUS WASTE

Waste generated from a clandestine drug lab operation.

MANUFACTURE

In places other than a pharmacy, means and includes the production, cultivation, quality control, and standardization, by mechanical, physical, chemical or pharmaceutical means, and the packing, repacking, tableting, encapsulating, labeling, relabeling, or filling of a controlled substance.

OWNER

Any person(s), firm(s), corporation(s) or other entity who or which owns, in whole or in part, the land, building, structure, vehicle, boat, trailer or other location associated with a site.

SITE

A chemical dump site and/or clandestine drug lab site.

VILLAGE

The Village of Hobart, Brown County, Wisconsin.

Declaration of site as a public health nuisance. A site, all areas in proximity to a site, and all personal property located on areas in proximity to a site, are potentially unsafe due to health hazards and are hereby declared to be a public health nuisance.

Law enforcement action.

When a law enforcement authority determines the existence of a site, the site and all personal property located in proximity to the site shall be declared a public health nuisance. Law enforcement authorities who identify conditions associated with a site are authorized to take the following action:

Promptly notify the Director of Neighborhood Services, child protection officials, public health authorities, and the appropriate enforcement division of the Drug Enforcement Administration of the United States Justice Department. This notice must, at a minimum, identify the location of the site, the property owner, if known, and the conditions found on the site.

Treat, store, transport or dispose of all household hazardous waste found at the site in a manner consistent with state and federal rules and regulations.

Issue a temporary declaration of public health nuisance for the site and post a copy of the declaration on all doorway entrances to the site or, in the case of bare land, post the declaration in several conspicuous places on the property. This temporary declaration of public health nuisance issued by law enforcement shall not expire until after the Director of Neighborhood Services inspects the site and determines the appropriateness of issuing a permanent declaration of public health nuisance.

Notify all persons occupying the site that a temporary declaration of public health nuisance has been issued.

Require all persons occupying the site to immediately vacate the site, to remove all pets from the site, and not to return to the site without written authorization from the Director of Neighborhood Services.

(f)

Notify all occupants vacating the site that all personal property at the site may be contaminated with dangerous chemical residue.

(g)

After all occupants have vacated the site, put locks on each doorway entrance to any buildings located on the site to prohibit unauthorized access to the site.

Prompt notification of the persons and organizations mentioned above may be delayed to accomplish appropriate law enforcement objectives, but only to the extent that public health and child protection responsibilities are not unnecessarily compromised.

Seizure of property. When the site is inside a vehicle, boat, trailer or other form of movable personal property, law enforcement authorities shall immediately seize it and not allow it to be transported except to a more secure location. In such circumstances, all other requirements of this section shall be followed as closely as possible given the specific type of property in which the site is discovered.

Action by building inspector.

Inspection and declaration of nuisance. Within 48 hours of notification that law enforcement authorities have determined the existence of a site, the Director of Neighborhood Services shall cause the site to be inspected to determine whether a permanent declaration of public health nuisance should be issued. Based on the results of the inspection, the Director of Neighborhood Services may then promptly issue a permanent declaration of public health nuisance and a do-not-enter, unsafe-to-occupy order for the site to replace the temporary declaration issued and posted by law enforcement. A copy of the permanent declaration and order shall be posted on all doorway entrances to the site or, in the case of bare land, shall be posted in several conspicuous places on the property.

Abatement order. Within 24 hours after the permanent declaration of public health nuisance has been issued and posted, the Director of Neighborhood Services shall send written notice to the site owner ordering abatement of the public health nuisance. The abatement order shall include the following information:

A copy of the declaration of public health nuisance and do-not-enter, unsafe-to-occupy order and a copy of this section;

Information about the potentially hazardous condition of the site;

Notification of the immediate suspension of the site's rental license if applicable; and

Information that may help the owner locate appropriate services necessary to abate the public health nuisance.

Notice to concerned parties. Within three days after the permanent declaration of public health nuisance has been issued and posted, the Director of Neighborhood Services shall also mail a copy of the permanent declaration of public health nuisance, a copy of this section, and a notification of the suspension of the site's rental licenses, if applicable, to the following concerned parties at their last known address:

Occupants or residents of the site if the identities of such persons are known; and

Neighbors in proximity to the site who may be affected by the conditions found, as determined by the Director of Neighborhood Services; and

The Hobart Village Administrator; and

The Hobart Chief of Police or his/her duly authorized representative(s); and

The Drug Enforcement Administration of the United States Justice Department; the Brown County Health Department, the Wisconsin Department of Health, and the Wisconsin Department of Natural Resources.

Modification or removal of declaration. The Director of Neighborhood Services is authorized to modify or remove the permanent declaration of public health nuisance after he or she receives documentation from a Village-approved environmental hazard testing and cleaning firm stating that the suspected health and safety risks, including those to neighbors and potential dwelling occupants, either do not exist or have been sufficiently abated or corrected to justify amendment or removal of the declaration.

Site owner's responsibility to act. Within 10 business days of the date the abatement order is mailed to the owner of the site, the owner shall accomplish the following:

Provide the Director of Neighborhood Services with written notification:

That the owner has confirmed that all persons and their pets have vacated the site;

Of the name(s) of all children who the owner believes were residing at the site; and

That the site will remain vacated and secured until the public health nuisance is completely abated as required by this section.

Contract with one or more Village-approved environmental hazard testing and cleaning firms to conduct the following work in accordance with the most current state and federal health guidelines:

A detailed on-site assessment of the extent of contamination at the site and the contamination of the personal property therein;

Soil testing of the site and testing of all property and soil in proximity to the site which the environmental hazard testing and cleaning firm determines may have been affected by the conditions found at the site;

A complete cleanup of the site (including but not limited to the cleanup or removal of plumbing, ventilation systems, fixtures and contaminated soil) or a demolition of the site and a complete cleanup of the demolished site;

A complete cleanup, or disposal at an approved dump site, of all personal property in the site;

A complete cleanup of all property and soil in proximity to the site which is found to have been affected by the conditions found at the site;

(f)

Remediation testing and follow-up testing, including but not limited to testing of the ventilation system and plumbing, to determine that all health risks are sufficiently reduced, according to state and federal health guidelines, to allow safe human occupancy and use of the site and use of the personal property therein and of all property and soil in proximity to the site;

(g)

Provide the Director of Neighborhood Services with the identity of the testing and cleaning firm with which the owner has contracted for abatement of the public health nuisance as required above; and

(h)

Provide the Director of Neighborhood Services with a written cleanup schedule with reasonable deadlines for completing all actions required by the abatement order.

Site owner's verification of compliance. The site owner must meet all deadlines established on the cleanup schedule. Pursuant to the deadlines established by the cleanup schedule, the site owner is required to provide the Director of Neighborhood Services with a signed statement from a Village-approved environmental hazard testing and cleaning firm that the site, all personal property therein and all property and soil in proximity to the site, is safe for human occupancy and use and that the cleanup was conducted in accordance with the most current state and federal health guidelines.

Site owner's responsibility for costs. The site owner is responsible for all costs, including those of the Village, of dealing with and abating the public health nuisance, including contractors' fees and the Village's costs for services performed in association with the site. The Village's costs may also include, but shall not be limited to:

Posting of the site;

Notification of affected parties;

Securing the site, providing limited access to the site, and prosecution of unauthorized persons found at the site;

Expenses related to the recovery of costs, including the assessment process;

Laboratory fees;

Cleanup services;

Administrative fees;

Legal fees; and

Other associated costs.

Village action and recovery of costs.

If the site owner fails to comply with any of the requirements of this section, the Director of Neighborhood Services is authorized to take all reasonable actions necessary to abate the public health nuisance, including, but not limited to, contracting with a Village-approved environmental hazard testing and cleaning firm to conduct the work outlined in Subsection F(2) above.

If the costs to clean the site or to clean or dispose of the personal property at the site are prohibitively high in relation to the value of the site or the personal property, the Village is authorized to remove or demolish the site, structure or building and/or dispose of the personal property therein. These actions shall be taken in accordance with the provisions of § 66.0413, Wis. Stats., together with any amendments or modifications thereto.

If the Village abates the public health nuisance, in addition to any other legal remedy, the Village shall be entitled to recover all of its out-of-pocket costs plus an additional 25% of such costs for administrative and legal expense. The Village may recover its costs both by civil action against the owner of the site, and by assessing such costs as a special charge against the site to be collected at the time real estate taxes are due and payable. The Director of Neighborhood Services is authorized to notify any lien and/or mortgage holders of the circumstances affecting the site.

Recovery of costs from persons causing damage. No provision of this section shall limit the ability or right of any impacted individual(s) or entity to recover costs specified under this section from any person(s) or other entity contributing to the creation of a public health nuisance, such as the operators of the site, and/or from other lawful sources.

Site owner and address. When the site is real property and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the property's taxpayer's name and address as that information is maintained by the county auditor's office. When the site is a vehicle, boat or trailer and the owner or the address of the owner of the site is unknown, the owner and the owner's address is deemed to be that of the person on file as the owner on the current or most recent title to the vehicle, boat or trailer.

Unauthorized removal of postings. It is unlawful for any person, except those authorized by the Village, to remove a temporary or permanent declaration of public health nuisance and/or do-not-enter, unsafe-to-occupy order from a site.

Entry into or onto site. While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no persons are permitted inside the site or on the site property without the prior written consent of the Director of Neighborhood Services or as otherwise authorized by this section. To confirm compliance with this section and to execute their duties under this section, law enforcement officers, the Director of Neighborhood Services, and any persons designated by the Building Inspector may enter onto the site property or enter into the site at any time while a declaration of public health nuisance is in effect for the site.

Removal of personal property from the site. While a declaration of public health nuisance for an affected site is in effect and has been posted at the site, no personal property may be removed from the site without prior written consent from the Director of Neighborhood Services. Consent to remove personal property shall only be granted at the discretion of the Director of Neighborhood Services, and only in cases of hardship after:

A Village-approved environmental hazard testing and cleaning firm has advised the Village, in writing, that the item(s) of personal property can be sufficiently cleaned to remove all harmful contamination; and

The owner of the personal property agrees in writing:

That the owner is aware of the danger of using the contaminated property;

That the owner will thoroughly clean the property to remove all contamination before the property is used; and