[HISTORY: Adopted by the Town Board of the Town of Brookfield.
Amendments noted where applicable.]
A public nuisance is a thing, act, occupation, condition or
use of property, which shall continue for such length of time as to:
(1)
Substantially annoy, injure or endanger the comfort, health, repose
or safety of the public.
(2)
In any way render the public insecure in life or in the use of property.
(3)
Greatly offend the public morals or decency.
(4)
Unlawfully and substantially interfere with, obstruct or tend to
obstruct, or render dangerous for passage any street, alley, highway,
navigable body of water or other public way.
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Town.
The following act, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of § 10.01 of this chapter.
(1)
All decayed, harmfully adulterated or unwholesome food or drink sold
or offered for sale to the public.
(2)
Carcasses, unburied. Carcasses of animals, birds or fowl not buried
or otherwise disposed of in a sanitary manner.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(3)
Insects or vermin, breeding place for. Accumulations of decayed animal
or vegetable matter, trash, rubbish, rotting lumber, bedding, packing
material, scrap metal or any material whatsoever in which flies, mosquitoes,
disease carrying insects, rats or other vermin breed.
(4)
All stagnant water in which mosquitoes, flies or other insects can
multiply.
(5)
Garbage cans that are not flytight.
(6)
Weeds, noxious. All noxious weeds and other rank growth of vegetation.
(7)
All animals running at large.
(8)
The escape of smoke, soot, cinders, noxious acids, fumes, gases,
fly ash or industrial dust within the Town in such quantities as to
endanger the health of persons of ordinary sensibilities or to threaten
or cause substantial injury to property.
(9)
Any use of property, substances or things within the Town emitting
or causing any foul, offensive noisome, nauseous, noxious or disagreeable
odors, effluvia or stenches extremely repulsive to the physical senses
of ordinary people which annoy, discomfort, injure or inconvenience
the health of any appreciable number of persons within the Town.
(10)
Abandoned wells. All abandoned wells not securely covered or secured
from public use.
The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of § 10.01 above:
(1)
All places where intoxicating liquor or fermented malt beverages
are sold, possessed, stored, brewed, bottled, manufactured or rectified
without a permit or license as provided by the ordinances of the Town.
(2)
Houses, other premises. Any place or premises within the Town where
Town ordinances or state laws relating to public health, safety, peace,
morals, or welfare are openly, continuously, repeatedly and intentionally
violated.
(3)
Illegal drinking. Any place or premises resorted to for drinking
intoxicating liquor or fermented malt beverages in violation of the
laws of the state or ordinances of the Town.
The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace and safety coming within the provisions of § 10.01 of this chapter:
(1)
All signs and billboards, awnings and other similar structures over
or near streets, sidewalks, public grounds or places frequented by
the public so situated or constructed as to endanger the public safety.
(2)
All buildings erected, repaired or altered within the fire limits
of the Town in violation of the provisions of the ordinances of the
Town relating to materials and manner of construction of building
and structures within such district.
(3)
Intersections, obstruction of. All trees, hedges, billboards or other
obstructions which prevent persons driving vehicles on public streets,
alleys or highways from obtaining a clear view of traffic when approaching
an intersection or pedestrian crosswalk.
(4)
All use or display of fireworks except as provided by the laws of
the state and ordinances of the Town.
(5)
Dilapidated buildings. All buildings or structures so old dilapidated
or out of repair as to be dangerous, unsafe, and unsanitary or otherwise
unfit for human use.
(6)
All loud, discordant and unnecessary noises or vibrations of any
kind.
(7)
Dangerous excavations. All open and unguarded pits, wells, excavations
or unused basements freely accessible from any public street, alley
or sidewalk.
(8)
All lots or parcels of land in the Town that have not been rough
graded within one year of the date of occupancy of any residence constructed
on such lot or parcel of land.
(9)
Camping
within the Town of Brookfield is hereby prohibited. This prohibition
includes, but is not limited to, tent camping, mobile home or motor
home camping, as well as pop-up (or wagon) camping. Camping activities
will be prohibited on all town-owned property, retail or commercial
business locations and along any county or state highways as prohibited
under § 86.025 Wis. Stats. Camping will also be prohibited
on any green spaces within the town. Exceptions to this subsection
are:
[Added at time of adoption of Code (see Ch. 25, General Provisions,
Art. II)]
(a)
On
the private property of residents, so long as there is no charge or
fee for such camping, and sanitary and water provisions are provided
by such property owner, and the number of campers does not exceed
20.
(b)
Any
special event located in a Town-owned park that has been approved
by the Town Board.
(c)
Any
designated official campground with sanitary and water provisions.
(1)
GLARE
INTERMITTENT LIGHT
LIGHT SOURCE
PERSON
SPILL LIGHT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An excessive brightness contrast producing a sensation of
visual discomfort resulting from viewing a strong, intense light source.
Any artificial light that flashes, revolves or fluctuates
in such a manner that the variance is easily distinguished by personal
observation.
A device (such as a lamp) that provides visible energy.
Any individual, firm, partnership, trustee, agent, association,
corporation, company, governmental agency, club, or organization of
any kind.
Any artificial light flowing onto an adjacent property.
(2)
Glare and spill light declared a nuisance. Glare, spill and intermittent
artificial light impacting on residential properties between the hours
of 6:00 p.m. and 7:00 a.m. which causes loss of enjoyment, comfort
or repose, and use of such properties is declared a nuisance.
(3)
Nuisance determined.
(a)
Spill light shall be considered a nuisance when measurement
in the nearest habitable area of the residential property at the location
where the alleged nuisance occurs reveals that such light produces
0.2 horizontal footcandles or more at approximately four feet from
the ground or floor surface at which the measurement is taken. Such
measurements shall be taken by the Building Inspector utilizing appropriate
equipment and techniques.
(b)
Glare light shall be considered a nuisance when an artificial
light source has not been properly located, shielded, directed or
controlled, and as a result there is a direct line of sight between
the light source or its reflection and a point five feet above the
ground or higher in the nearest habitable area on the complainant's
property and of such intensity as to cause discomfort or annoyance.
(c)
Intermittent light shall be considered a nuisance when it impacts
upon a habitable area of a complainant's property with such intensity
and variance as to cause discomfort or annoyance.
(d)
Visually exposed neon tube and other visually exposed illuminating
elements shall be prohibited in the Town except where the lighting
is used as a part of the building design. In no instance shall exposed
illuminating elements be installed as a part of any building design
unless the design has been submitted to and approved by the Architectural
Control Committee and the Plan Commission.
(4)
Production of light nuisance prohibited. No artificial light source
shall be installed, allowed to be installed or permitted on any property
which light source flashes or revolves, or due to its intensity or
physical characteristics, causes glare or spills onto a residential
property in such a manner as to cause a nuisance during the hours
of 6:00 p.m. through 7:00 a.m.
(5)
Responsibility. Every installer of artificial lights and every owner or occupant of property on which artificial lights are installed shall comply with Subsection (4) above.
(6)
(a)
Such lights are caused to be installed by city, county or state
governments to light public ways or areas for public benefit; or
(b)
There is no written complaint filed with the Building Inspector
by a person directly affected by such light; or
(c)
Such lights are required by law for safety reasons and there
is no practical way to control them to eliminate the nuisance.
(7)
Making a complaint.
(a)
Any adult resident of the Town may seek relief from nuisance
light on a residential property by filing a written complaint with
the Building Inspector.
(b)
The written complaint shall contain the complainant's name and
address, the address of the property where the alleged nuisance light
is installed, a brief description of the light source and the complainant's
signature.
(c)
Upon receipt of a complaint, the Building Inspector shall investigate
whether the regulations set forth in Subsection (3) or (4) could or
are being violated.
(d)
The Building Inspector shall notify the affected parties as
to its findings.
(e)
The complainant shall be willing to testify in court if required
as to the nature of the nuisance of the light about which he is complaining.
(8)
Retroactivity. It is the intent of the Town that the provisions of
this section shall apply to all existing installations and the owners
or occupants of properties on which nuisance lights exist shall be
responsible for eliminating any nuisance caused by their lights to
comply with this section. Existing installations that do not comply
with the terms of this section shall be brought into compliance when
any changes to the lighting system are made or not later than July
1, 1992, whichever occurs earlier. Notwithstanding the forgoing, if
any existing system is improved in any manner, the system shall be
brought into compliance with the terms of this section at the time
of improvement. Further, if the Town Board, subsequent to the receipt
of a written complaint regarding any existing system, finds the system
constitutes a nuisance, the Board shall notify the owner of the property
on which the system has been installed and direct the owner to bring
the system into compliance with the terms of this section 30 days
after issuance of the Town Board's order.
[Added 10-6-2015]
(1)
Findings. The Town Board finds that certain premises within the Town
receive and require more than the general, acceptable level of police
services. Such premises place an undue and inappropriate burden on
the taxpayers of the Town, and constitute public nuisances. The Town
Board therefore authorizes and directs 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 the imposition of forfeitures for the failure of
the property owners to abate such nuisance activities.
(2)
CHIEF OF POLICE
CHRONIC NUISANCE PREMISES
ENFORCEMENT ACTION
NUISANCE ACTIVITY
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
(p)
(q)
(r)
(s)
(t)
(u)
(v)
(w)
(x)
PERSON ASSOCIATED WITH A PREMISES
PREMISES
Definitions. For the purposes of this section:
The Chief of the Town of Brookfield Police Department or
his or her designee.
Premises that meet any of the following criteria:
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 Town Attorney or District
Attorney for prosecution of nuisance activities.
Any of the following activities, behaviors or conduct occurring
on or within 200 feet of the premises whenever engaged in by the premises
owners, operators, occupants or person or persons associated with
the premises:
An act of harassment as defined in Wis. Stats. § 947.013.
Disorderly conduct as defined in Wis. Stats. § 947.01.
Crimes against life and bodily security as defined in Wis. Stats.
940.
Lewd and lascivious behavior, as defined in Wis. Stats. § 944.20.
Prostitution, keeping a place of prostitution, soliciting prostitution,
patronizing prostitutes or pandering as defined in Wis. Stats. §§ 944.30
through 944.34.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
Theft as defined in Wis. Stats. § 943.20.
Receiving stolen property as defined in Wis. Stats. § 943.34.
Arson as defined in Wis. Stats. § 943.02.
Possession, manufacture or delivery of a controlled substance
or related offenses as defined in Wis. Stats. Ch. 961.
Gambling as defined in Wis. Stats. § 945.02.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
Trespassing, as defined in Wis. Stats. § 943.13 and
§ 943.14.
Discharge of a firearm as defined in § 9.02 of the Code of the Town of Brookfield.
The production or creation of loud and unnecessary noise as defined in § 9.05 of the Code of the Town of Brookfield.
Loitering as defined in § 9.06 of the Code of the Town of Brookfield.
Littering as defined in § 9.08 of the Code of the Town of Brookfield.
Underage alcohol violations as defined in Wis. Stats. § 125.07.
Public Drinking as defined in § 9.15 of the Code of the Town of Brookfield.
Owning, keeping, having or harboring any bird or animal that causes a disturbance of the peace as defined in § 12.07(4) of the Code of the Town of Brookfield.
Selling or giving away tobacco products to persons under the age of 18 as defined in § 9.26 of the Code of the Town of Brookfield and Wis. Stats. § 134.66.
Illegal sale, discharge and use of fireworks as defined in § 9.03 of the Code of the Town of Brookfield.
Removal of snow and ice as defined in § 8.07 of the Code of the Town of Brookfield.
Escort license required as defined in § 12.11 of the Code of the Town of Brookfield.
Massage therapist License required as defined in § 12.12 of the Code of the Town of Brookfield.
Bail jumping, as defined in § 946.49, Wis. Stats.
[Added at time of adoption of Code (see Ch. 25, General Provisions,
Art. II)]
The premises owner, operator, manager, officer, director,
resident, tenant, 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.
Any parcel of land or structure located thereon, regardless
of zoning, residential or business classification, including, but
not limited to, individual or multifamily dwelling units; any property
used for residential purposes whether or not owner occupied; an individual
business or commercial property; and associated common areas.
(3)
Exception to definition of "nuisance activity". Any offenses that may be listed under the definition of "nuisance activity" in Subsection (2) above which are determined to be a domestic violence event as described under Wis. Stats. § 968.075 shall not be considered a nuisance activity for purposes of this section where the victim is the individual requesting assistance or response to the domestic violence event at issue.
(4)
Chronic nuisance premises prohibited. It shall be unlawful for any
property owner, operator, tenant, occupant, or person associated with
a premises to allow the establishment of, keep, maintain or fail to
abate a chronic nuisance premises as described herein.
(5)
Procedure.
(a)
Whenever the Chief of Police determines that two nuisance activities
have occurred at a premises on separate days during any twelve-month
period, the Chief of Police may, but is not required to, notify the
property owner that the premises is in danger of becoming a chronic
nuisance premises.
(b)
Whenever the Chief of Police determines that:
1.
Three or more nuisance activities resulting in enforcement action
have occurred on separate occasions within a period of 30 days; or
2.
Six or more nuisance activities resulting in enforcement action
have occurred on separate occasions within a twelve-month period of
time, the Chief of Police shall notify the property owner in writing
that the premises is a chronic nuisance premises and any further violations
within said month or twelve-month period will be cause for levying
a special charge against the property pursuant to this section in
addition to any forfeitures that may apply.
(c)
The notice described in Subsection (5)(a) and (b) shall be deemed
to be properly delivered if sent either by first -class mail to the
property owner's last-known address or if delivered in person to the
property owner. If the property owner cannot be located, the notice
shall be deemed to be properly delivered if a copy of it is left at
the property 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. If a current address cannot be located, it shall be
deemed sufficient if a copy of the notice is sent by first-class mail
to the last-known address of the owner as identified by the records
of the tax roll.
(d)
The notice described in Subsection (5)(b) shall contain the
following information:
1.
The street address or legal description sufficient for identification
of the premises.
2.
A description of the nuisance activities that have occurred
at the premises and a statement indicating that the cost of future
enforcement or abatement will be assessed as a special charge against
the premises.
3.
A statement that any further violations will be cause for levying
a special charge against the premises pursuant to Subsection (5)(d)4
that as a statement that the property owner or person associated with
the premises shall within 10 days respond to the Chief of Police and
to propose a written course of action to abate the nuisance activities
which is acceptable to the Chief of Police, or to appeal the determination,
and that failure to submit a plan to abate such nuisance activities
within 10 days shall subject the property owner to a forfeiture as
listed in the Schedule of Fees and Forfeitures.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
4.
A statement that the property owner of the premises or the person
associated with the premises may be subject to a forfeiture as listed
in the Schedule of Fees and Forfeitures for each and every day the
property owner maintains, keeps or allows the chronic nuisance premises
to exist.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
5.
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 a premises owner proposes to take
in response to the notice. The Chief of Police may accept, reject
or work with premises 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 after submission of the proposal.
(e)
Violation and enforcement. Each nuisance activity resulting
in enforcement action following issuance of the notice provided pursuant
to Subsection (5)(b) and occurring within the thirty-day or twelve-month
period in which said notice is provided shall constitute a separate
violation of this section. Whenever a property owner has been billed
pursuant to Subsection (5)(f) on three or more occasions within a
twelve-month time period for the costs of enforcement, that person
shall also be subject to a forfeiture as listed in the Schedule of
Fees and Forfeitures for each nuisance activity occurring after the
third bill is sent to the property owner for failure to abate the
nuisance activity.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(f)
Cost recovery. Upon notification from the Chief of Police that
a chronic nuisance premises has been identified, the Chief of Police
shall charge any property owner found to be in violation of this section
the costs of enforcement and abatement, including administrative costs,
in full or in part. All costs so charged are a lien upon such property
and may be assessed and collected as a special charge. The Town shall
establish a reasonable charge for the costs of administration and
enforcement imposed hereunder.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(g)
Appeal. The determination of the Chief of Police issued pursuant to Subsection (5)(b) or the levying of any special charges pursuant to this section may be appealed in accordance with the provisions set forth in Chapter 20, Administrative Review Procedures, of the Code of the Town of Brookfield.
(6)
When nuisance deemed abated. 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.
(1)
Inspection of premises. Whenever a complaint is made to the Town
Board or the Board determines a public nuisance exists within the
Town, the Building Inspector shall be notified and shall immediately
inspect or cause to be inspected the premises and make or cause to
be made a written report of the findings to the Town Board.
(2)
Summary abatement.
(a)
If the Building Inspector determines a public nuisance exists
on private property and there is a great and immediate danger to the
public health, safety, peace, morals or decency, the Building Inspector
may serve notice upon the owner or, if the owner cannot be found,
on the occupant or person causing, permitting or maintaining such
nuisance and to post a copy of such notice on the premises. Such notice
shall direct the owner, occupant or person causing, permitting or
maintaining such nuisance to abate or remove such nuisance within
the time stated in the notice, and such notice shall further state
that unless such nuisance is abated within the time stated in the
notice, the Building Inspector shall cause the nuisance to be abated
and shall charge the cost thereof to the owner, occupant or person
causing, permitting or maintaining the same as the case may be, and
if such costs are not paid within 30 days from the date of billing
by the Town, the same shall be assessed against the real estate upon
which such nuisance existed and collected as a special assessment
against the premises in the same manner as other taxes against real
estate are collected.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(b)
If the nuisance is not abated within the time allowed by such
notice or if the owner, occupant, or person causing such nuisance
cannot be found, the Building Inspector shall cause the abatement
or removal of such nuisance and the cost and expense thereof shall
be charged and collected as provided in Subsection (2)(a) above.
(c)
Nothing in this chapter shall be construed as prohibiting the
abatement of public nuisances by the Town or its officials in accordance
with the laws of the state.
[Added 2-17-2021]
(1)
Intent. The intent of this section is to prevent the misuse of 911
emergency call system. The Town Board finds that in the last several
years, a significant number of preventable calls have used the 911
emergency call system for situations that do not involve an emergency
and that, as a result, a significant and unreasonable financial and
administrative burden has been placed upon the emergency services
provided by the Town of Brookfield. The Town Board finds that use
of the 911 emergency call system for preventable purposes constitutes
a nuisance, and it is the intent of this section to prevent the misuse
of the 911 emergency call system.
(2)
CHRONIC USE OF PROPERTY
EMERGENCY
MISUSE OF EMERGENCY TELEPHONE NUMBERS
(a)
(b)
(c)
(d)
(e)
NUISANCE ACTIVITY
PREVENTABLE CALL
Definitions. The following words, terms, and phrases, when used in
this section, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
Any parcel of land or structure, regardless of zoning, which
has generated three or more documented complaints of circumstances
requiring emergency services for nuisance activities on separate days
during one month, or six or more calls during a period of 12 months.
A situation in which a person reasonably believes that immediate
response by public safety personnel is essential due to the risk of:
Uses of the 911 emergency call system for any purpose other
than to report an emergency, including any person doing any of the
following:
Dialing the telephone number 911 to report an emergency knowing
that the fact or facts of the situation, which he or she reports,
does no exist.
Dialing the telephone number 911 for a reason when the caller
has been advised by a dispatcher that the reason is not an appropriate
one for use of the 911 system.
Dialing 911 and hanging up two or more times without reporting
an emergency, if, in fact, no emergency exists.
Knowingly permitting any telephone under his or her control
be used for any purpose under this section.
Placing, or permitting to be placed, a preventable call requesting
emergency services which the person placing the call, or permitting
the call to be placed, knows or should reasonably know that the result
will be the dispatching of police, fire and/or ambulance services.
Any of the following activities, behaviors or conduct whenever
engaged in by property owners, operators, tenants, occupants, or persons
associated with a property:
A request for emergency services that through a known best
practice or through the experience of a previous similar call should
have been prevented from occurring. Based on previous call history,
preventable calls include but are not limited to the following:
(3)
Chronic nuisance property prohibited. It shall be unlawful for any
property owner, operator, tenant, occupant or person associated with
a property to allow the establishment of, keep, maintain or fail to
abate a chronic nuisance property.
(4)
Procedure.
(a)
Whenever the Chief of Police determines that two nuisance activities
have occurred at a property on separate days during any twelve-month
period, the Chief of Police may notify the property owner that the
property is in danger of becoming a chronic nuisance property.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
(b)
Whenever the Chief of Police determines that three nuisance
activities have occurred at a property on separate days during any
month, or six nuisance activities have occurred at a property during
a period of 12 months, and said nuisance activities are verifiable
events, the Chief of Police shall notify the property owner, in writing,
that the property is a chronic nuisance property and any further violations
within said month or twelve-month period will be cause of levying
a special charge against the property pursuant to this section in
addition to any forfeitures that may apply.
(c)
The notice described in subsections (4)(a) and (b) shall be
deemed to be properly delivered if sent either by first-class mail
to the property owner's last-known address or if delivered in
person to the property owner. If the property owner cannot be located,
the notice shall be deemed to be properly delivered if a copy is left
at the property 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, or the agent of the business,
and who shall be informed of the contents of the notice. If a current
address cannot be located it shall be deemed sufficient if a copy
of the notice is sent by first-class mail to the last-known address
of the owner as identified by the records of the tax roll. The notice
shall contain:
1.
The street address or legal description sufficient for identification
of the property.
2.
A description of the nuisance activities that have occurred
at the property and a statement indicating that the cost of future
enforcement or abatement will be assessed as a special charge against
the property.
3.
A statement that the property owner shall within 10 days respond
to the Chief of Police to propose a written course of action to abate
the nuisance activities which is acceptable to the chief.
(5)
Cost recovery. Upon notification from the Chief of Police that a
chronic nuisance property has been identified, the Town Clerk shall
charge any property owner found to be in violation of this section
the costs of enforcement and abatement, including administrative costs,
in full or in part. All costs so charged are a lien upon such property
and may be assessed and collected as a special charge. The Town shall
establish a reasonable charge for the costs of administration and
enforcement imposed hereunder.
(6)
Violation and enforcement. Each nuisance activity which is a verifiable event following issuance of the notice provided pursuant to subsection (4)(a) and (b) and occurring within the month or twelve-month period in which said notice is provided, shall constitute a separate violation of this section. Whenever a property owner has been billed pursuant to Subsection (5) on one or more occasions within a twelve-month time period for the costs of enforcement, that person shall also be subject to a forfeiture after the second bill is sent to the property owner for failure to abate the nuisance activity. The forfeiture shall be the sum of $500, in addition to the charges levied pursuant to Subsection (5). For two or more violations in a rolling twelve-month period, the forfeiture shall be $1,000.
(7)
Appeal. The determination of the Chief of Police issued pursuant
to Subsection (4 )(a) and (b) or the levying of any special charges
pursuant to this section may be appealed to the Town of Brookfield
Municipal Court Judge. The appeal by a property owner must be made
in writing which sets forth the grounds for said appeal. The written
appeal shall be sent by certified mail with return receipt to the
Town or Brookfield Municipal Court Judge in care of the Town Municipal
Clerk at 645 Janacek Road, Brookfield, Wisconsin 53045, no later than
30 days after notifications from the emergency services chief or director
have been sent.
Except as otherwise specifically provided in this chapter, any person found to be in violation of any provision of this chapter or any rule or order promulgated hereunder shall be subject to a penalty as provided in § 25.04 of this Code of Ordinances.
