The following definitions shall be applicable throughout this chapter:
ACCESSORY STRUCTURE
A structure, not used as a dwelling unit, the use of which
is incidental to that of the main building and which is located on
the same premises.
BUILDING
Any structure built for the support, shelter, and enclosure
of persons, animals, chattels, or movable property of any kind and
which is permanently affixed to the land or connected to a utility,
and includes those structures resting on runners, wheels, or similar
supports.
CITY OFFICER
The Chief of Police, Fire Inspector, Director of Public Works,
Building Inspector, or one of their agents or designees.
COMPOSTING
The organic waste produced from the growing, trimming, and
removal of grass, branches (not exceeding one inch in diameter), bushes,
shrubs, plants, leaves and garden debris.
DETERIORATION
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting, or other evidence of physical decay, neglect, lack of maintenance
or excessive use.
DILAPIDATED
Describes a building, structure or part thereof which is
in a state of ruin or shabbiness resulting from neglect. The term
implies a hazard to life or property.
DWELLING
Any enclosed space which is wholly or partly used or intended
to be used for living or sleeping by human occupants.
ENFORCEMENT ACTION
An arrest, the issuance of a citation, the issuance of a
written or verbal warning, or an order by a City Officer or a court
to abate a code violation.
HARDWARE CLOTH
Wire screening of such thickness and spacing as to afford
reasonable protection against the entrance of rodents.
INOPERABLE APPLIANCE
Any stove, oven, washer, refrigerator, freezer, microwave
or other household appliance which is no longer operable in the manner
for which it was manufactured.
JUNKED MOTOR VEHICLES
Motor vehicles, recreational vehicles, truck bodies, tractors,
farm machinery or trailers, or any part or portion of any of the foregoing,
in such state of physical or mechanical ruin as to be: 1) incapable
of propulsion; or 2) incapable of being operated upon the public streets
or highways; or 3) which are otherwise not in safe or legal condition
for operation on public streets or highways due to missing or inoperative
parts, flat or removed tires, expired or missing license plates or
other defects.
KITCHEN WASTE
Any uncooked plant matter not contaminated by or containing
meat, fish and/or dairy products.
NATURAL LAWN
Includes common species of grass and wildflowers native to North America which are designed and purposely cultivated to exceed eight inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in §
375-10 of this chapter.
NATURAL LAWN MANAGEMENT PLAN
A written plan relating to the management and maintenance
of a lawn which contains a legal description of the lawn upon which
the planted grass will exceed eight inches in length, a statement
of intent and purpose for the lawn, a detailed description of the
vegetational types, plants, and plant succession involved, and the
specific management and maintenance techniques to be employed.
NOXIOUS WEEDS
Include, but are not limited to, any weed, grass, or similar
plant growth which, if allowed to pollinate, would cause or produce
hay fever in human beings or would cause a rash through contact with
the skin.
NUISANCE
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of Wisconsin or the City
of New Lisbon Code of Ordinances. Further, 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; or
(2)
In any other way render the public insecure in life or in the
use of property.
NUISANCE ACTIVITY
Any of the following activities, behaviors, or conduct whenever
engaged in by property owners, operators, tenants, occupants, or persons
associated with premises, with the exception of applicable drug, gang,
and prostitution offenses which will be abated immediately as allowed
in Wis. Stats., Chapter 823:
(1)
An act of harassment, as defined in § 947.013, Wis.
Stats.
(2)
Disorderly conduct, as defined in § 947.01, Wis. Stats.
(3)
Crimes of violence, as defined in Chapter 940, Wis. Stats.
(4)
Obstructing or resisting an officer, as defined in § 946.41,
Wis. Stats.
(5)
Crimes against sexual morality, as defined in Chapter 944, Wis.
Stats.
(6)
Any gambling crimes, as defined in Chapter 945, Wis. Stats.
(7)
Animal violations, as defined in Chapter
211, City of New Lisbon Municipal Code.
(8)
Theft, as defined in § 943.20, Wis. Stats.
(9)
Receiving stolen property, as defined in § 943.34,
Wis. Stats.
(10)
Damage to property, as defined in § 943.01, Wis. Stats.
(11)
Arson, as defined in § 943.02, Wis. Stats.
(12)
Possession, manufacture, or delivery of a controlled substance
or related offenses, as defined in Chapter 961, Wis. Stats.
(13)
Trespassing, as defined in §§ 943.13 and 943.14,
Wis. Stats.
(14)
Weapons violations, as defined in Chapter
387, City of New Lisbon Municipal Code.
(15)
Noise violations, as defined in Chapter
387, City of New Lisbon Municipal Code.
(16)
Alcohol violations, as defined in Chapter
329, City of New Lisbon Municipal Code, and § 125.07, Wis. Stats.
(17)
Loitering, as defined in Chapter
387, City of New Lisbon Municipal Code.
(18)
Curfew violations, as defined in Chapter
360, City of New Lisbon Municipal Code.
(19)
Reckless driving, as defined in § 346.62, Wis. Stats.
(20)
Any conspiracy to commit, as defined in § 939.31, Wis. Stats., or attempt to commit, as defined in § 939.32, Wis. Stats., any of the activities, behaviors, or conduct enumerated in Subsections
(1) through
(19) above.
(21)
The execution of arrest or search warrants at a particular location.
(22)
City of New Lisbon inspection-related calls where the Police
Department responds.
(23)
Violations of Fire and Safety Ordinances, as contained in Chapter
68 and Chapter
289, City of New Lisbon Municipal Code.
(24)
Violations of Public Nuisance Ordinances, as contained in Chapter
375, City of New Lisbon Municipal Code.
(25)
Violations of Building Code Ordinances, as contained in Chapter
238, City of New Lisbon Municipal Code.
(26)
Violations of Sex Offenders Ordinances, as contained in Chapter
418, City of New Lisbon Municipal Code.
OCCUPANT
Any person living in, sleeping in, or having actual possession
of a dwelling.
OWNER, PROPERTY OWNER, or OPERATOR
Any person who, alone or jointly or severally with others,
shall have:
(1)
Legal title to any premises, with or without accompanying actual
possession thereof; or
(2)
Charge, care, or control of any premises, as owner or agent
of the owner or as executor, administrator, trustee or guardian of
the estate of the owner. Any such person thus representing the actual
owner shall be bound to comply with the provisions of this chapter
and of rules and regulations adopted pursuant thereto to the same
extent as if he/she were the owner.
PERSON
Any natural individual, firm, trust, partnership, association
or corporation.
(1)
All masculine, feminine, or neutral pronouns referring to persons
include all the others.
(2)
All plural designations include the singular and all singular
include the plural.
PERSONS ASSOCIATED WITH
Any person who, whenever engaged in a nuisance activity,
enters, occupies, patronizes, visits or attempts to enter, occupy,
patronize or visit a property. It includes any officer, director,
customer, agent, employee or independent contractor of a property
owner, tenant, or occupant so engaged.
POTENTIALLY POLLUTING SUBSTANCES OR HAZARDOUS MATERIALS OR POLLUTANTS
Include, but are not limited to, the following:
(1)
Fuel oil, gasoline, solvents, industrial liquids or fluids,
milk, grease trap and septic tank wastes, sewage sludge, sanitary
sewer wastes, storm sewer catch basin wastes, and oil or petroleum
wastes.
PREMISES
A platted lot or part thereof or unplatted lot or parcel
of land or plot of land, either occupied or unoccupied by a dwelling
or nondwelling structure, including any such building, accessory structure,
or other structure thereon, and associated parking lots, yards, and
common areas located in the City.
PUBLIC NUISANCE
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 or the use of public property.
REFUSE
All putrescible and nonputrescible solid waste or materials
not currently being put to lawful use, including garbage, rubbish,
ashes, dead plant material, and dead animals.
RODENT HARBORAGE
Any place where rodents can live and nest without fear of
frequent molestation or disturbance.
RODENT, UNDESIRABLE WILDLIFE, or VERMIN
Includes, but is not limited to, any nonhuman animal, often
with the scientific classification of Rodentia, which is not lawfully
kept as a pet, and which may cause disease or increased pace of deterioration
of a building or premises due to the nature of the animal.
RODENT-PROOF CONTAINER
A container constructed of concrete or metal, or the container
shall be lined with metal or other material that is impervious to
rodents, and openings into the container such as doors shall be tight-fitting
to prevent the entrance of rodents.
RODENT-PROOFING
Consists of closing openings in building foundations and
openings under and around doors, windows, vents and other places which
could provide means of entry for rodents with concrete, sheet iron,
hardware cloth or other types of rodent-proofing material approved
by the City.
RUBBISH
Nonputrescible solid wastes (excluding ashes) consisting
of either:
(1)
Combustible wastes such as paper, cardboard, plastic containers,
yard clippings and wood; or
(2)
Noncombustible wastes such as tin cans, glass, or crockery.