No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City of Park Falls.
[HISTORY: Adopted by the Common Council of the City of Park Falls as Secs. 11-6-1 through 11-6-8 of the 1997 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
A thing, act, occupation, condition or use of property which shall continue for such length of time as to:
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
In any way render the public insecure in life or in the use of property;
Greatly offend the public morals or decency;
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 or the use of public property.
The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 334-2:
A.
Adulterated food. All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
B.
Unburied carcasses. Carcasses of animals, birds or fowl not intended for human consumption or foods which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
C.
Breeding places for vermin, etc. 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 may breed.
D.
Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply.
E.
Garbage cans. Garbage cans which are not flytight.
F.
Noxious weeds. All noxious weeds and other rank growth of vegetation.
G.
Water pollution. The pollution of any public well or cistern, stream, lake, canal or other body of water by sewage, creamery or industrial wastes or other substances.
H.
Noxious odors, etc. Any use of property, substances or things within the City, or within 1.5 miles thereof, causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the physical senses of ordinary persons, which annoys, discomforts, injures or inconveniences the health of any appreciable number of persons within the City.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
I.
Street pollution. Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the City.
J.
Animals at large. All animals running at large.
K.
Accumulations of refuse. Accumulations of combustible and noncombustible waste materials, except garbage, including, without limitation because of enumeration, the residue from the burning of wood, coal and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, ashes and other similar materials.
L.
Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the limits or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property.
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 § 334-2:
A.
Disorderly houses. All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling.
B.
Gambling devices. All gambling devices and slot machines, except as permitted by state law.
C.
Unlicensed sale of liquor and beer. 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 for by the ordinances of the City.
D.
Continuous violation of City ordinances. Any place or premises within the City where City ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
E.
Illegal drinking. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the State of Wisconsin or ordinances of the City.
F.
Illegal drug house. It is unlawful for any person to knowingly keep or maintain any store, shop, warehouse, dwelling, building, or other structure or place, which was resorted to by persons illegally using controlled substances, or which is used for illegally manufacturing, keeping or delivering controlled substances.
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 or safety coming within the definition of § 334-2:
A.
Signs, billboards, etc. 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.
B.
Illegal buildings. All buildings erected, repaired or altered in violation of the provisions of the ordinances of the City relating to materials and manner of construction of buildings and structures within the City.
C.
Unauthorized traffic signs. All unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railway crossing which purport to be or may be mistaken as an official traffic control device, railroad sign or signal or which, because of its color, location, brilliance or manner of operation, interferes with the effectiveness of any such device, sign or signal.
D.
Obstruction of intersections. 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.
E.
Tree limbs. All limbs of trees which project over a public sidewalk less than 10 feet above the surface thereof and all limbs which project over a public street less than 14 feet above the surface thereof.
F.
Dangerous trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.
G.
Fireworks. All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the City.
H.
Dilapidated buildings. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
I.
Wires over streets. All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.
J.
Noisy animals or fowl. The keeping or harboring of any animal or fowl which, by frequent or habitual howling, yelping, barking, crowing or making of other noises shall greatly annoy or disturb a neighborhood or any considerable number of persons within the City.
K.
Obstructions of streets; excavations. All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the City or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished, or which do not conform to the permit.
L.
Open excavations. All open and unguarded pits, wells, excavations or unused basements accessible from any public street, alley or sidewalk.[1]
M.
Flammable liquids. Repeated or continuous violations of the ordinances of the City or laws of the state relating to the storage of flammable liquids.
N.
Unremoved snow. All snow and ice not removed or sprinkled with ashes, sawdust, sand or other chemical removers, as provided in this Code.
The following acts, omissions, places, conditions and things are hereby declared to be other public nuisances, but such enumeration shall not be construed to exclude other nuisances coming within the definition of § 334-2:
A.
Dumping and littering. Dumping of any residential or commercial garbage, rubbish, furniture or furnishings, brush, junk, stone, construction materials, appliances, grease, solvents, petroleum products, vehicle and vehicle parts unless such dumping is within an approved landfill or recycling center.
B.
Appliances. Storing and/or dumping of appliances, appliance parts, plumbing fixtures, furniture, televisions, microwaves, bicycles and such similar items.
C.
Yard sales. Yard and garage sales can exceed no more than five consecutive days and no more than 20 days annually.
D.
Free items. Items to be given away cannot be displayed for more than five consecutive days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Enforcement. The Chief of Police, Public Works Director, Building Inspector, Chief of the Fire Department, and the Common Council shall enforce those provisions of this chapter that come within the jurisdiction of their offices, and they shall make periodic inspections, as well as inspections upon complaint, to ensure that such provisions are not violated. No actions shall be taken under this section to abate a public nuisance unless the officer shall have inspected or caused to have inspected the premises where the nuisance is alleged to exist and is satisfied that a nuisance does in fact exist.
B.
Summary abatement. If the inspecting officer shall determine that a public nuisance exists within the City and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Mayor, upon the recommendation of the appropriate department head, may direct the proper officer to cause the same to be abated and charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.
C.
Abatement after notice. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, they shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If the nuisance is not removed within such 10 days, the proper officer shall cause the nuisance to be removed as provided in Subsection B.
D.
Expense of abating. In addition to any other penalty imposed by this section for maintaining a nuisance, the costs of abatement, including but not limited to the costs of service of the notice, removal, transport, sale, disposal, and storage, shall be collected as a debt from the owner, occupant, or person causing, permitting, or maintaining the nuisance, and such cost shall be assessed against the real estate as a special charge pursuant to § 66.0627, Wis. Stats. The officer may sell any materials removed as a nuisance as personal property is sold, upon execution pursuant to Ch. 815, Wis. Stats., and apply the proceeds to pay the expenses of such abatement; paying the residue, if any, to the owner, occupant, or person causing, permitting, or maintaining the nuisance, such as the case may be. Alternatively, the officer may dispose of any materials removed as a nuisance should the officer determine, in their sole discretion, that the materials so removed are of no or nominal value.
E.
Cost of abatement. In addition to any other penalty imposed by this section for nuisance, the costs of abatement, including but not limited to the costs of service of the notice, removal, transport, sale, disposal, and storage, shall be collected as a debt from the owner, occupant, or person causing, permitting, or maintaining nuisance, and such cost shall be assessed against the real estate as a special charge.
F.
Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the State of Wisconsin.
In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the City, including the costs of service of the notice, shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, such cost shall be assessed against the real estate as a special charge.
[Added 2-24-2025 by Ord. No. 25-006]
A. CHRONIC NUISANCE PREMISES(1) (2) CHRONIC NUISANCE PREMISES NOTICE ENFORCEMENT ACTION NUISANCE ACTIVITIES(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) PERSON ASSOCIATED WITH PERSON IN CHARGE
Definitions. As used in this section, the following terms shall have the meanings indicated:
A premises that meets any of the following criteria:
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 365-day period, with such calls resulting in enforcement action. Three or more calls for police services resulting in enforcement action for nuisance activities include enforcement action taken against any person associated with the premises while at or within 200 feet of the premises for a nuisance activity.
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.
The notice issued by the Chief of Police or designee and referred to in Subsection B(1) of this section.
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 City Attorney or District Attorney regarding nuisance activities.
For purposes of establishing a chronic nuisance premises, "nuisance activities" means any of the following activities, behaviors, or conduct:
An act of harassment as defined in § 947.013, Wis. Stats.
Disorderly conduct as defined in § 947.01, Wis. Stats.
Crimes of violence as defined in Ch. 940, Wis. Stats.
Resisting or obstructing an officer as prohibited by § 946.41, Wis. Stats.
Indecent exposure as prohibited by § 354-1 of the Code of the City of Park Falls or § 944.20(1)(b), Wis. Stats.
Damage to property as prohibited by § 943.01, Wis. Stats.
Discharge of a firearm as prohibited by § 354-3 of the Code of the City of Park Falls.
Obstructing a street or sidewalk, as prohibited by § 354-7 of the Code of the City of Park Falls.
Theft as defined in § 943.20, Wis. Stats.
Arson as defined in § 943.02, Wis. Stats.
Depositing rubbish as prohibited by § 399-34 of the Code of the City of Park Falls.
Keeping a place of prostitution as defined in § 944.34, Wis. Stats.
Loitering as prohibited by § 354-8 of the Code of the City of Park Falls.
Prostitution as prohibited by § 944.30, Wis. Stats.
Soliciting prostitutes as prohibited by § 944.32, Wis. Stats.
Pandering as prohibited by § 944.33, Wis. Stats.
Selling, offering for sale or giving away of any intoxicating liquors or fermented malt beverages without a license as provided in § 293-3 of the Code of the City of Park Falls, Chapter 293, Intoxicating Liquor and Fermented Malt Beverages, Article I, Licensing, of the Code of the City of Park Falls, or § 125.04(1), Wis. Stats.
Possession, manufacture, distribution or delivery of a controlled substance or related offenses as defined in Ch. 961, Wis. Stats.
Maintaining a drug dwelling as defined in § 961.42, Wis. Stats.
Illegal gambling as defined in § 945.02, Wis. Stats.
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 section includes entities as well as individuals.
Any person who is the operator or in constructive possession of premises, including but not limited to an owner or occupant of premises under his or her ownership or control.
B.
Procedure, penalties, and remedies.
(1)
Upon finding that a premises meets the definition of a chronic nuisance premises, the Chief of Police may declare the premises a chronic nuisance premises. The Chief of Police shall provide a written notice of his or her determination to the premises owner identified by the City Assessor's records for that premises. The chronic nuisance premises notice ("CNP notice") shall be deemed delivered if sent either by first-class mail to the premises owner's last known address or delivered in person to the premises owner. 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 premises 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 CNP notice. If a current address cannot be located, it shall be deemed sufficient if a copy of the CNP notice is sent by first class mail to the last known address of the owner as identified by the records of the City Assessor. The CNP notice shall contain the following information:
(a)
Street address, parcel number or a legal description sufficient to identify the premises.
(b)
A concise statement, including a description of the relevant activities supporting the determination that the premises are a chronic nuisance premises.
(c)
A statement that the owner shall immediately notify the Chief of Police of any change in address to ensure receipt of future notices.
(d)
A statement that the cost of future enforcement may be assessed as a special charge against the premises.
(e)
A statement that the owner shall, within 10 days of receipt of the CNP notice, respond to the Chief of Police either with an appeal or to propose a written course of action to abate the nuisance activities. The statement shall direct the premises owner to schedule a meeting with the Chief of Police or designee to discuss the nuisance activity and the premises owner's intent regarding abatement.
(f)
A statement that the premises owner may be subject to a forfeiture action with a penalty of not less than $500 nor more than $1,500 per day for permitting a chronic nuisance premises.
(2)
Reporting to police; domestic abuse; enforcement.
(a)
In reaching a determination that a premises is a chronic nuisance premises, activities that were reported to the police by the premises owner or on-site premises manager shall not be included as nuisance activities.
(b)
Section 968.075, Wis. Stats., broadly defines "domestic abuse." Therefore, in reaching a determination that a premises is a chronic nuisance premises, activities that are "domestic abuse" incidents pursuant to § 968.075, Wis. Stats., shall not be included as nuisance activities unless the incidents have been reviewed by the Chief of Police and the City Attorney and a determination is made that, based upon the specific facts of each incident, the activities should be deemed nuisance activities under the definition of "nuisance activities" in Subsection A. In determining whether to include such activities, the Chief of Police and City Attorney shall consider the strong public policy in favor of domestic victims reporting alleged abuse.
(c)
Nuisance abatement.
[1]
If the owner responds to the CNP notice pursuant to Subsection B(1) with a nuisance abatement proposal, the Chief of Police may accept, reject or work with the owner to modify the proposal. The plan is acceptable if it can reasonably be expected to result in the abatement of the nuisance activities described in the CNP notice within 60 days.
[2]
Premises owners and operators shall be consulted if possible, regarding nuisance abatement methods and strategies and shall be encouraged to submit a comprehensive nuisance abatement plan.
[3]
Premises owners and operators shall be consulted, if possible, regarding use of available resources, including community service providers, when nuisance activity associated with the premises is not caused or contributed to by the direct actions of a tenant.
[4]
If the premises owner or operator meets with the Chief of Police and presents an acceptable abatement plan and initiates action to abate the nuisance activities occurring on the premises, the Police Department may delay further enforcement of this section.
[5]
If the premises owner or operator ceases to cooperate with the efforts to abate the nuisance activities, the Chief of Police will reinstitute enforcement of this section and the premises owner will be sent a change in status letter. This letter will document Police Department efforts to contact and/or obtain cooperation of the owner or operator.
[6]
Failure by the premises owner or operator to respond within 10 days as directed in this subsection shall result in a forfeiture of $500 plus court costs and fees.
(3)
The City may charge the property owner for the cost of enforcement whenever the Chief of Police determines that any of the following have occurred:
(4)
To charge such costs of enforcement to the property owner, the Chief of Police shall refer to § 334-7, Abatement of public nuisances, to calculate the cost of enforcement to abate this and any subsequent nuisance activities. The Chief of Police shall notify the premises owner of the decision to refer the cost of enforcement to the City Clerk or Treasurer. Delivery of this notice, along with a copy of the Chief's referral letter to the City Clerk or Treasurer, shall be made as set forth in Subsection B(1). The notice shall contain:
(6)
Suspension of cost recovery. If, after the receipt of a billing notice from the City Clerk or Treasurer, the premises owner develops an acceptable plan and initiates action to abate nuisance activities occurring on the premises, the Chief of Police will suspend further enforcement of this section. The premises owner is still responsible for any enforcement costs incurred prior to the premises owner's submitting an abatement plan, including the administrative fee. If the premises owner ceases to cooperate with the efforts to abate the nuisance activities, the Chief of Police will reinstitute enforcement of this section after sending the premises owner a change in status letter.
(7)
Forfeiture. A forfeiture action may be commenced by the City Attorney for each enforcement action for nuisance activity occurring after the premises has been declared a chronic nuisance premises. The forfeiture shall be not less than $500 nor more than $1,500 for each enforcement action.
C.
Appeal. Appeal of the determination of the Chief of Police pursuant to either Subsection B(1) or the action of the City Clerk or Treasurer imposing special charges pursuant to § 334-7, Abatement of public nuisances, against the premises, may be submitted in writing to the Common Council as an administrative decision.
D.
Eviction or retaliation prohibited.
(1)
It shall be unlawful for a landlord to terminate the lease agreement or periodic tenancy of any tenant or otherwise retaliate against any tenant because that tenant complained to the Chief of Police about nuisance activities on the landlord's premises. It shall be unlawful for a landlord, or any person acting as an agent for the landlord, to intimidate or actively discourage a tenant and/or persons associated with a tenant from calling the police to report nuisance activity associated with a premises. It shall be presumed that any attempt to increase charges, reduce services, or to otherwise harass or retaliate against the tenant during the 12-month period following receipt of the complaint by the Chief of Police constitutes unlawful retaliation under this subsection. Such presumption shall be rebutted by the preponderance of evidence that the actions taken by the landlord were based upon good cause. Notwithstanding the foregoing, a tenant's lease agreement or periodic tenancy may be terminated for a failure to pay rent; committing nuisance activity as defined in Subsection A; for the commission of waste upon the premises; violating the terms and conditions of the lease agreement or periodic tenancy or as otherwise provided in Ch. 704, Wis. Stats., and Ch. ATCP 134, Wis. Adm. Code. A landlord's failure to renew a lease agreement or periodic tenancy upon expiration of such lease agreement or periodic tenancy shall not be deemed a violation of this subsection.
E.
Injunction. This section may be enforced by injunction.
F.
Abatement in accordance with state law. Nothing in this section shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the state.
G.
When nuisance is 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 consecutive months from the date stated on the notice declaring the premises 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.
H.
Severability. The provisions of any part of this section 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 Subsection H that the same would have been adopted had such invalid provisions, if any, not been included herein.