[HISTORY: Adopted by the Common Council of the City of Montello 5-7-1984 as §§ 4-1-3 and 4-1-6 and Title 9, Ch. 6 of the 1984 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 117.
Brush, grass and weeds — See Ch. 131.
Fire prevention — See Ch. 178.
Housing standards — See Ch. 194.
Peace and good order — See Ch. 245.
Pollution — See Ch. 251.
Solid waste — See Ch. 286.
Trees and shrubs — See Ch. 304.
Abandoned vehicles — See Ch. 315.
Junked vehicles and appliances — See Ch. 319.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City.
A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
A. 
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
B. 
In any way render the public insecure in life or in the use of property.
C. 
Greatly offend the public morals or decency.
D. 
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 § 232-2:
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. 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. 
Privy vaults and garbage cans. Privy vaults and garbage cans which are not flytight.
F. 
Noxious weeds. All noxious weeds and other rank growth of vegetation. All weeds and grass shall be kept cut to a height of not to exceed one foot.
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. Any use of property, substances or things within the City emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the City.
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.
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 § 232-2:
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.
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.
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 § 232-2:
A. 
Signs and billboards. 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 their color, location, brilliance or manner of operation interfere 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 any public sidewalk, street or other public place and present a safety hazard.
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 or 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.
A. 
Enforcement. The Chief of Police, the Chief of the Fire Department, and the Building Inspector shall enforce those provisions of this chapter that come within the jurisdiction of their offices, and they shall make periodic inspections and inspections upon complaint to ensure that such provisions are not violated. No action shall be taken under this section to abate a public nuisance unless the officer shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and has satisfied himself 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 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, he shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisance to be removed as provided in Subsection B.
D. 
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 shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.
A health nuisance is any source of filth or cause of sickness. The Building Inspector and the Board of Health shall abate health nuisances pursuant to § 254.59, Wis. Stats., which is adopted by reference and made a part of this section.
No person shall deposit or cause to be deposited in any public street or on any public ground or on any private property not his own any refuse, garbage, litter, waste material or liquid or any other objectionable material or liquid. When any such material is placed on the person's own private property, it shall be properly enclosed and covered so as to prevent the same from becoming a public nuisance.
[Added 8-5-2013]
A. 
Intent. This section is a regulatory measure aimed at protecting the health and safety of children in the City of Montello 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 City 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 City of Montello 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 and libraries.
B. 
Purpose. It is not the intent of this section to impose a criminal penalty, but rather to serve the City's compelling interest to promote, protect, and improve the health, safety, and welfare of the children of the City 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 City of Montello 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.
C. 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning.
CHILD
A person age 16 or younger for the purpose of this section.
DESIGNATED OFFENDER
Any person who has been convicted of a sex offense, and/or is required to register under § 301.45, Wis. Stats., and/or 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 of 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, and stand, linger aimlessly, proceed slowly or with many stops, to delay or dawdle.
MINOR
Any person age 17 or younger.
ZONES
(1) 
RESTRICTED ZONESCertain areas that are designated by the City as areas children congregate, including, but not limited to, schools, parks, library, playgrounds, licensed day-care centers, or any other place designated by the City 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 City'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.
(2) 
LOITER-FREE ZONESThe one-hundred-foot radius surrounding all restricted zones, except businesses defined in the Restricted Zone Map on file at the City Clerk's office.
(3) 
RESTRICTED ZONE MAPSAn official map, maintained by the City, showing restricted zones designated in red and loiter-free zones designated in Yellow (the "Restricted Zone Map"). The City shall update the Restricted Zone Map as needed to reflect any changes in the location of restricted zones and loiter-free zones. Restricted Zone Maps will be available at the City office.
D. 
Prohibited location and/or acts.
(1) 
Restricted zones.
(a) 
Restricted zone restrictions. It is unlawful for any designated offender to be physically present within a restricted zone under any of the following circumstances:
[1] 
When children are present or are reasonably presumed or known to be present; or
[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.
(b) 
Restricted zone exceptions. A designated offender may be physically present on any day or time within a restricted zone if all of the following are present:
[1] 
The designated offender has official business, which is determined by the reasonable person standard; and
[2] 
The designated offender has received preapproval from the City of Montello Police Department.
(c) 
Loiter-free zones. It is unlawful for any designated offender to loiter within a restricted zone or loiter-free zone.
(2) 
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 child involved, and no nonfamilial children are present, are excepted from this subsection.
E. 
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.
F. 
Severability. The provisions of this section shall be deemed severable and it is expressly declared that the Common Council would have passed the other provisions of this section irrespective of whether or not one or more provisions may be declared invalid. If any provision of this section is held invalid, the remainder of the section shall not be affected.
G. 
Effective date. This section shall become effective upon its passage and publication as required pursuant to law.
[Added 10-13-2022]
A. 
The following terms shall be defined as follows in this section:
CHIEF
The Chief of Police or his or her designee or contracted law enforcement agency.
ENFORCEMENT ACTION
Arrest, the issuance of a citation, or the issuance of a written or verbal warning.
NUISANCE ACTIVITY
Any of the following activities, behaviors, or conduct occurring on a premises:
(1) 
An act of harassment, as defined in § 947.013, Wis. Stats.
(2) 
Disorderly conduct, as defined in § 947.01, Wis. Stats.
(3) 
Battery, substantial battery, or aggravated battery, as defined in § 940.19, Wis. Stats.
(4) 
Lewd and lascivious behavior, as defined in § 944.20, Wis. Stats.
(5) 
Prostitution, as defined in § 944.30, Wis. Stats.
(6) 
Theft, as defined in § 943.20, Wis. Stats.
(7) 
Receiving stolen property, as defined in § 943.34, Wis. Stats.
(8) 
Arson, as defined in § 943.02, Wis. Stats.
(9) 
Possession, manufacture, or delivery of controlled substance or related offenses, as defined in Ch. 961, Wis. Stats.
(10) 
Gambling, as defined in § 945.02, Wis. Stats.
(11) 
Animal violations, as defined in Chapter 117, City of Montello Municipal Code.
(12) 
Trespassing, as defined in §§ 943.13 and 943.14, Wis. Stats.
(13) 
Weapons violations, as defined in Chapter 245, City of Montello Municipal Code.
(14) 
Noise violations, as defined in Chapter 245, City of Montello Municipal Code.
(15) 
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 Subsection (a) through (n) above.
(16) 
The execution of arrest or search warrants at a particular location.
(17) 
Alcohol violations, as defined under § 203-1, City of Montello Municipal Code/§ 125.07, Wis. Stats.
(18) 
Alcohol license violations as defined under § 203-19, City of Montello Municipal Code.
(19) 
Obstructing or resisting an officer, as defined in § 946.41, Wis. Stats.
(20) 
City of Montello inspection-related calls where the Police Department responds.
OWNER
The owner of the premises and his or her agents.
PREMISES
An individual dwelling unit, an apartment building (all units included as one premises), or an individual business premises and associated common areas.
B. 
Whenever the Chief determines that three or more nuisance activities resulting in enforcement action have occurred at a premises during a twelve-month period, the Chief may notify the premises owner in writing. In calculating the requisite nuisance activities, the Chief may count separate qualifying nuisance incidents resulting in enforcement action occurring on the same day (as long as they are distinct in time) or different days, but shall never count nuisance activities that were reported by the owner of the premises. The notice shall contain the street address or legal description sufficient to identify the premises, a description of the nuisance activities that have occurred at the premises, a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises, and a notice as to the appeal rights of the owner. Notice may be delivered in person or via postal mail.
C. 
Abatement plan. Any owner receiving notice shall meet with the Chief, or his/her designee, within five days of receipt of such notice. The parties shall review the problems occurring at the property. Within 10 days of this meeting, the owner shall submit to the Chief, or his/her designee, an abatement plan to end the nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, fire, or inspection contact.
D. 
Additional nuisance activity. Whenever the Chief determines that additional nuisance activity has occurred at a premises for which notice has been issued and that this nuisance activity has occurred not less than 15 days after notice has been issued, and that reasonable efforts have not been made to abate the nuisance activity, the Chief may calculate the cost of police response and enforcement for this and any subsequent nuisance activities and cause such charges and administrative costs to be assessed and collected as a special charge. The special charge may include the cost per hour for police, fire and inspection, mileage if required to leave the City, and preparation of video recordings and documentation review. An invoice shall be sent to the property owner and if not paid, the cost levied against subsequent property taxes for the upcoming year.
E. 
Appeal. Appeal of the determination of the Chief of Police may be submitted to the City of Montello Council. The Council shall hold a special session to hear the appeal. A request for an appeal is to be made, in writing, within 10 days after the owner receives the invoice for the special charge. If the owner fails to submit a request for an appeal to the City Council within 10 days, the right to do so is then forfeited. Chapter 68, Wis. Stats., shall not apply to such an appeal.
(1) 
First offense. Any person who shall violate any provision of this chapter or any regulation, rule, or order made hereunder shall forfeit not less than $1.00 nor more than $1,000.
(2) 
Subsequent offenses. Any person who shall violate any provision of this chapter or any regulation, rule, or order made hereunder within 24 months after committing a previous violation of this chapter shall forfeit not less than $200 nor more than $2,000.