As used in this article, the following terms
shall have the meanings indicated:
CHRONIC NUISANCE PROPERTY
Any residentially zoned or residentially used parcel of land
or structure which has generated three or more calls for police service
for nuisance activities on separate days in one month, or six or more
calls in a twelve-month period.
NUISANCE ACTIVITY
A.
Any of the following activities, behaviors,
or conduct whenever engaged in by property owners, operators, tenants,
occupants, or persons associated with a property:
(1)
An act of harassment as defined in § 947.013,
Wis. Stats.
(2)
Disorderly conduct as defined in Article
I, §
208-10, and § 947.01, Wis. Stats.
(3)
Battery, substantial battery or aggravated battery
as defined in § 940.19, Wis. Stats.
(4)
Indecent conduct as defined in § 944.20(1),
Wis. Stats.
(5)
Prostitution or keeping a place of prostitution,
or leasing a building for the purposes of prostitution as defined
in § 944.30 and § 944.34, Wis. Stats.
(6)
Theft as defined in § 943.20, Wis.
Stats.
(7)
Arson as defined in § 943.02, Wis.
Stats.
(8)
Possession, manufacture or delivery of a controlled
substance or related offenses as defined in Ch. 961, Wis. Stats.
(9)
Gambling or other offenses as defined in Village of Elm Grove Code §
171-10 and § 945.02, Wis. Stats.
(10)
Trespass as to building and land as defined
in § 943.13, Wis. Stats., or criminal trespass to dwelling
as defined in § 943.14, Wis. Stats.
(11)
Discharge of a firearm as defined in Village of Elm Grove Code §
147-1.
(12)
The production or creation of unnecessary noise and disturbances as defined in Article
I, §
208-4.
(14)
Intoxicating liquor and fermented malt beverage
violations as defined in Village of Elm Grove Code Chapter 171.
(15)
Owning, keeping, having or harboring any bird or animal that causes a disturbance of the peace as defined in Village of Elm Grove Code Chapter
95.
[Amended 4-28-2009]
(16)
Selling or giving away tobacco products to persons
under the age of 18 as defined in § 134.66, Wis. Stats.
(17)
Illegal sale, discharge and use of fireworks
as defined in Village of Elm Grove Code Chapter 153.
(18)
Misuse of emergency telephone numbers as defined
in Village of Elm Grove Code § 66-11.
(19)
Removal of snow and ice as defined in Village of Elm Grove Code §
243-15.
(20)
Zoning violations as defined in Village of Elm
Grove Code Chapter 335.
(21)
Any other offense against peace and good order as defined in Chapter
208.
B.
Exception. Any offenses that may be listed under Subsection
A of this definition which are determined to be a domestic violence event as described under § 968.075, Wis. Stats., shall not be considered a nuisance activity for purposes of this article.
PERSON ASSOCIATED WITH
Any person who, whenever engaged in a nuisance activity,
enters, patronizes, visits, or attempts to enter, patronize or visit,
a property, including any officer, director, customer, agent, employee
or independent contractor of a property owner, tenant, or occupant.
PROPERTY
Any residentially zoned or residentially used parcel of land
or structure.
VERIFIABLE EVENT
An event that is initially observed by a police officer,
or a call for service that is reported to the Police Department by
a known person who is identifiable to support the event, or a call
for service that is reported to the Police Department by an unknown
person if the event is substantiated by a police officer, or a witness;
and the call for service was made.
It shall be unlawful for any property owner,
operator, tenant, occupant, or person associated with a property to
allow the establishment of, to keep, or to maintain a chronic nuisance
property.
Any person aggrieved by the determination of the Chief of Police issued pursuant to §
208-15A or
B or the levying of any special charges pursuant to this article is able to appeal solely to the Board of Trustees. Any appeal to the Board of Trustees under this article shall be made within 10 business days of the date that the Chief of Police issued the decision being appealed from to the Village Clerk. The Board shall consider the matter at the next available regular Board of Trustees meeting. Based upon testimony provided by both the applicant and the Chief of Police, and after consideration of the health, safety and welfare of the Village, the Board may affirm, reverse, or modify the Police Chief's initial decision.