[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No.
423. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City.
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 § 10.02 of this chapter:
(1)
Adulterated food: all decayed, adulterated or unwholesome food or
drink sold or offered for sale to the public.
(2)
Unburied carcasses: carcasses of animals, birds or fowl not intended
for human consumption or food which are not buried or otherwise disposed
of in a sanitary manner within 24 hours after death.
(3)
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.
(4)
Stagnant water: all stagnant water in which mosquitoes, flies or
other insects can multiply.
(5)
Privy vaults and garbage cans: privy vaults and garbage cans which
are not flytight.
(6)
Animals: all animals running at large.
(7)
Air pollution: the escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash or industrial dust within the City 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.
(8)
Noxious weeds: all noxious weeds, as defined in § 66.0407,
Wis. Stats. In addition, other rank growth of vegetation, and all
weeds, grasses and plants over eight inches in height, excluding trees
and shrubs, which:
[Amended 7-24-2018 by Ord. No. 597]
(a)
Detract from the surrounding area and properties.
(b)
Become a possible fire hazard, as determined by the Fire Chief.
(c)
Become a health hazard due to their pollen or a potential cover
for disease-carrying rodents and other small animals.
(d)
Are of infectious or poisonous nature in or adjacent to a populated
area, regardless of height.
(e)
Become a potential hazard to vehicular traffic in vision clearance
triangles.
(9)
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.
(10)
Noxious odors, etc.: 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 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.
(11)
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.
(12)
Pesticide application: the application, or causing of the application,
of any pesticide, as defined in § 94.67(25), Wis. Stats.,
in such a manner as to endanger the health of persons 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 § 10.02 of this chapter:
(1)
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.[1]
[1]
Editor's Note: Former Subsection (2), Continuous violation
of City ordinances, which immediately followed this subsection, was
repealed 12-13-2016 by Ord. No. 591.
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 § 10.02 of this chapter:
(1)
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.
(2)
Illegal buildings: all buildings erected, repaired or altered in
violation of the provisions of this Code relating to materials and
manner of construction of buildings and structures within the City.
(3)
Unauthorized traffic signs: all unauthorized signs, signals, markers
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.
(4)
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.
(5)
Tree limbs: all limbs of trees which project over and less than eight
feet above any public sidewalk or less than 14 feet above a street
or other public place.
(6)
Fireworks: all use, possession or display of fireworks, except as provided by the laws of the state and Chapter 9 of this Code.
(7)
Dilapidated buildings. Dilapidated buildings include, but are not
limited to: buildings with broken windows; buildings with damaged
or unsightly siding; houses, garages and outer buildings in need of
paint or that have dilapidated shingles; and all buildings or structures
so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human use, or so unsightly that, as a result,
they adversely affect neighborhood or City property values.
[Amended by Ord. No. 436; 4-14-2015 by Ord. No.
581]
(8)
Wires and cables over streets: all wires and cables over streets,
alleys or public grounds which are strung less than 18 feet above
the surface thereof.
(9)
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.
(10)
Obstructions of streets; excavations: all obstructions of streets,
alleys, sidewalks or crosswalks and all excavations in or under the
same, except as permitted by this Code or which, although made in
accordance with this Code, are kept or maintained for an unreasonable
or illegal length of time after the purpose thereof has been accomplished
or do not conform to the permit.
(11)
Snow, ice and debris removal: all debris not removed and all snow and ice not removed or sprinkled with salt, ashes, sawdust or sand, as provided in Chapter 8 of this Code.
(12)
Refrigerators: all abandoned refrigerators or iceboxes from which
the doors and other covers have not been removed or which are not
equipped with a device for opening from the inside or are not securely
locked with a padlock.
(13)
Open pits, basements, etc.: all open and unguarded pits, wells, excavations
and basements.
(14)
Flammable liquids violations: repeated or continuous violations of
this Code or the laws of the state relating to the storage of flammable
liquids.
[Amended Ord. No. 436; 7-10-2012 by Ord. No. 566; 4-10-2018 by Ord. No. 593]
(1)
BUILDING MATERIALS
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES,
TRUCK BODIES, TRACTORS OR TRAILERS
IN THE OPEN
JUNK
MOTOR VEHICLE
RECREATIONAL EQUIPMENT
STORAGE CONTAINER or CARGO CONTAINER
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Definitions. The words, phrases and terms used in this section shall
be interpreted as follows:
Building material is any material which is used for construction
or landscaping purposes to include naturally occurring substances,
such as clay, rocks, sand, and wood as well as materials used for
but not limited to masonry, carpentry, insulation, plumbing, electrical
and roofing work.
Motor vehicles, truck bodies, tractors or trailers in such
state of physical or mechanical ruin as to be incapable of propulsion
or being operated upon the public streets or highways.
Land which may be viewed from public streets or adjoining
property.
Worn out or discarded material of little or no value, including,
but not limited to, household appliances or parts thereof, machinery
and equipment or parts thereof, vehicles or parts thereof, tools,
discarded building materials or any other unsightly debris, the accumulation
of which has an adverse effect upon the neighborhood or City property
values, health, safety or general welfare.
As defined in § 340.01(35), Wis. Stats.
Boats, canoes, boat and utility trailers, mobile homes, campers,
off-highway vehicles, ATVs and snowmobiles.
A container that is originally designed or used in the packing,
shipping, movement or transportation of freight, articles, goods or
commodities and/or a container originally designed for or capable
of being mounted or moved by rail, truck or ship by means of being
mounted on a chassis or similar transport device, including any container
referred to as a "transport container" or "portable site container,"
or any container having a similar appearance to or characteristics
of cargo containers.
[Added 9-14-2021 by Ord. No. 612]
Motor vehicles, truck bodies, tractors or trailers which
do not bear lawful current registration and license plates.
(2)
Public nuisances declared. The following are hereby declared to be
public nuisances wherever they may be found within the City:
(a)
Any motor vehicle, truck body, tractor or trailer as enumerated
in Subsections (3) and (4) below and defined in Subsection (1).
(b)
Any junk stored contrary to Subsection (5) below.
(c)
Any recreational equipment stored contrary to Subsection (6)
below.
(d)
Any firewood used or stored contrary to Subsection (7) below.
(e)
Any building material stored contrary to Subsection (8) below.
(3)
Storage of inoperable vehicles, recreational equipment, etc.
(a)
Restricted. No person shall accumulate, store or allow any disassembled,
inoperable, junked or wrecked motor vehicles, truck bodies, tractors,
trailers or recreational equipment in the open upon any public or
private property in the City for a period exceeding 10 days.
(4)
Storage of unlicensed vehicles, recreational equipment, etc.
(a)
Restricted. No person shall accumulate, store or allow any unlicensed
motor vehicle, truck body, tractor, trailer or recreational equipment
in the open upon any public or private property in the City for a
period exceeding 10 days.
(5)
Storage of junk prohibited. No person, except a junk dealer licensed under Chapter 12 of this Code, shall accumulate, store or allow any junk outside of any building on any public or private real estate located in the City.
(6)
Storage of recreational equipment regulated. No person shall store
any recreational equipment on any street right-of-way or within the
front setback, excluding the driveway, for a period of more than 48
hours.
(7)
Storage of firewood.
(a)
Regulated. No person shall store firewood on any residential
premises except for use on the premises. No firewood pile may be located
within the front setback.
(8)
Storage of building materials.
(9)
Storage
containers regulated.
[Added 9-14-2021 by Ord. No. 612[1]]
(a)
No
person shall permit a storage container to be stored on any public
or private real estate located in the City for a period of longer
than 30 days.
(b)
Any
resident utilizing a storage container as of the original effective
date of this subsection, September 14, 2021, may apply to the Plan
Commission within one year of such date for exemption from this Subsection
(9). The Plan Commission shall consider any such timely application
and determine whether an exemption is warranted and for how long such
exemption shall apply, and shall make a recommendation to the City
Council regarding the same for final determination. Exemptions shall
not be transferable to any other person.
[Added 8-9-2022 by Ord. No. 619]
(10)
Variance.
(a)
Application. In the event any person shall encounter great practical
difficulty in complying with the provisions of Subsection (6) or (7)
above because of lot size, location of buildings or topography, such
person may file an application for a variance with the Building Inspector
on a form supplied by the Inspector.
(b)
Limitations. Any variance granted by the Building Inspector
shall be limited, as follows:
1.
Recreation vehicles. Recreation vehicles may be parked in the
driveway within the front setback between May 1 and September 15 of
each year, provided that the sidewalk is not blocked.
2.
Firewood. Firewood may be neatly stacked within the front setback
between August 1 and June 1 of the next year.
(c)
Grant or denial of application. The Building Inspector shall
review the application and view the premises. He shall grant or deny
the variance in accordance with the provisions of this subsection.
(d)
Appeal. Any person aggrieved by any determination of the Building
Inspector under this subsection may file a written appeal with the
Council within 30 days.
(11)
Issuance of citation; action to abate. Whenever the Building Inspector or the Police Chief shall find any such vehicle, junk or recreational equipment, as defined in Subsection (2) above, accumulated, stored or remaining in the open upon any property within the City contrary to the provisions of Subsections (3), (4), (5) and (6) above, firewood stored contrary to Subsection (7) above or building materials stored contrary to Subsection (8) above, he shall notify the owner of said property on which such vehicle, junk, recreational equipment, firewood or building material is located of the violation of this section. If such vehicle, junk, recreational equipment, firewood or building material is not removed within 10 days, the Building Inspector or Police Chief shall cause a citation to be issued to the property owner or the occupant of the property upon which such vehicle, junk, recreational equipment, firewood or building material is located. In addition, action to abate such nuisance may be commenced, as provided in § 10.07 of this chapter.
(12)
Penalty. Any person who shall be adjudicated to have violated any of the provisions of this section shall be subject to a forfeiture as provided in § 25.04 of this Code, plus the costs of said prosecution, and, upon default of payment of such forfeiture and costs, shall be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 10 days. Each day that a violation of this section continues shall be deemed a separate offense.
[Amended by Ord. No. 508]
(1)
Enforcement. It shall be the duty of the Chief of Police, Fire Chief,
Building Inspector, Public Works Director, City Forester, and City
Weed Commissioner, and each of their respective deputies and designees,
to enforce those provisions of this chapter that come within the jurisdiction
of their respective offices, including the issuance of citations,
and they shall make periodic inspections and inspections upon complaint
to insure 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 have satisfied himself that a
nuisance does, in fact, exist.
[Amended 4-14-2015 by Ord. No. 581]
(2)
Summary abatement.
(a)
Notice to owner. 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 Chief of Police to serve notice on the person
causing, permitting or maintaining such nuisance or upon the owner
or occupant of the premises where such nuisance is caused, permitted
or maintained and to post a copy of said notice on the premises. Such
notice shall direct the person causing, permitting or maintaining
such nuisance or the owner or occupant of the premises to abate or
remove such nuisance within 24 hours and shall state that unless such
nuisance is so abated, the City shall cause the same to be abated
and will charge the cost thereof to the owner, occupant or person
causing, permitting or maintaining the nuisance, as the case may be.
(b)
Abatement by City. If the nuisance is not abated within the
time provided or if the owner, occupant or person causing the nuisance
cannot be found, the officer having the duty of enforcement shall
cause the abatement or removal of such public nuisance.
(3)
Abatement by court action. 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 and the owner
of the property to remove the same within 10 days. If such nuisance
is not removed within 10 days, he shall report such fact to the Mayor,
who may direct the City Attorney to commence an action in Circuit
Court for the abatement of the nuisance.
(4)
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, nor as prohibiting an action to be commenced in the Municipal Court seeking a forfeiture as provided in § 10.15 of this chapter.
[Amended 4-14-2015 by Ord. No. 581]
(5)
Cost of abatement. 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.
(1)
Public nuisances declared. The following are hereby declared to be
public nuisances wherever they may be found within the City:
(a)
Any living or standing tree, or part thereof, infected with
the Dutch elm disease or other tree diseases.
(b)
Any dead, diseased or infected tree, or part thereof, including
logs, branches, stumps, firewood or other material from which the
bark has not been removed and burned or sprayed with an effective
fungicide or insecticide.
(2)
Nuisances prohibited. No person shall permit any public nuisance as defined in Subsection (1) above to remain on any premises owned or controlled by him within the City.
(3)
Inspection. The City Forester may enter upon private premises at
all reasonable times for the purpose of carrying out any of the provisions
of this section.
(4)
Abatement of disease nuisances.
(a)
Whenever the City Forester shall find, with reasonable certainty,
on examination or inspection, that any public nuisance, as defined
in this section, exists within the City, he shall cause it to be sprayed,
removed, burned or otherwise abated in such manner as to destroy or
prevent, as fully as possible, the spread of the disease fungus or
the insect pests or vectors known to carry such disease.
(b)
Before abating any such nuisance on private premises or in any
street terrace, the Forester shall proceed as follows:
1.
If the Forester shall determine that danger to other trees from
said nuisance is not imminent, he shall make a written report of his
findings to the Council, which may proceed as provided in § 27.09(4),
Wis. Stats.
2.
If the Forester shall determine that danger to other trees within
the City is imminent, he shall notify the owner or abutting owner
of the property on which such nuisance is found, in writing, if he
can be found, otherwise by publication in a newspaper of general circulation
in the City, that the nuisance must be abated as directed in the notice
within a specified time, which shall not be less than 10 days from
the date of such notice, unless the Forester shall find that immediate
action is necessary to prevent spread of infection. If the owner fails
to comply with the notice within the time limit, the Forester shall
cause the abatement thereof.
(c)
No damage shall be awarded to the owner for destruction of any
tree, wood or material, or any part thereof, pursuant to this section.
(5)
Spraying of trees.
(a)
Whenever the Forester shall determine that any tree or material
within or near the City is infected with a disease, he may cause to
be sprayed all high-value trees within a one-thousand-foot radius
thereof with an effective spray, provided such spraying shall be performed
prior to July 15 or after October 15 of any year.
(b)
Before causing the spraying of any tree on private property
in accordance with this section, the Forester shall notify the owner,
as provided in Subsection (4)(b)2 above.
(6)
Assessment of costs of abatement and spraying.
(a)
The entire cost of abating any public nuisance, as defined in
Subsection (1) above, or of spraying any tree in accordance with Subsection
(4) above may be charged to and assessed against the parcel or lot
abutting on the street, alley, boulevard or street terrace upon or
in which such tree is located or the parcel or lot upon which such
tree stands, in accordance with § 66.0627, Wis. Stats.
(b)
The Forester shall keep strict account of the costs of work
done under this section and shall report monthly to the City Clerk
all work done for which assessments are to be made, stating and certifying
the description of the land, lots, parts of lots or parcels of land
and the amounts chargeable to each. The Clerk shall include in his
report to the Council the aggregate amounts chargeable to each lot
or parcel so reported, and such amounts shall be levied and assessed
against such parcels or lots in the same manner as other special taxes.
(1)
Noxious weeds and rank growth prohibited. No owner or occupant of any lot or parcel shall allow such property to become overgrown with any weeds or grass so as to constitute a public nuisance, as defined in § 10.03(8) of this chapter.
(2)
Notification. The Mayor shall annually, on or before May 15, publish a Class 2 notice, under Ch. 985, Wis. Stats., that every person is required by law to destroy all noxious weeds and other rank growth of vegetation, as defined in § 10.03(8) of this chapter, on land in the City which he owns, occupies or controls.
(3)
Enforcement. If a property owner fails to control the growth of such
weeds or rank growth of vegetation on his property, the Weed Commissioner
shall serve upon him notice as to this fact. If such owner fails to
abate this nuisance within five days after service of the notice,
the Weed Commissioner shall take action to abate such public nuisance.
(4)
Costs. If the City causes a nuisance to be removed as provided in Subsection (3) above, the actual cost thereof, together with an administrative fee equal to 10% of the actual cost, shall be charged to the property owner. If such charges are not paid by November 15 of the year in which they are billed, such charges, together with an additional administrative fee for collection equal to 10% of the total of such charges and fees, shall be extended on the next succeeding tax roll as a tax charged against the property affected and collected in the same manner as are other taxes, pursuant to § 66.0517, Wis. Stats.
[Added by Ord. No. 434]
(1)
Removal required. Any person owning or having control of an animal
on any property, public or private, which is not owned or occupied
by such person shall promptly remove excrement left by such animal
and place it in a proper receptacle, bury it or flush it in a toilet
on property owned or occupied by such person.
(2)
Means of transmittal required. Any person causing or permitting an
animal to be on any property, public or private, not owned or occupied
by such person shall use an object suitable for removal of excrement
and a depository for the transmission of excrement to the property
owned or occupied by such person.
(3)
Penalty. Any person who fails to comply with any of the provisions of this section shall, upon conviction thereof, be subject to a penalty as provided in § 25.04 of this Code.
[Added by Ord. No. 541]
(1)
Prohibitions.
(a)
No person shall own, harbor, keep, or maintain within the City
limits any dangerous animal contrary to this section. Any animal alleged
to be dangerous, as defined by this section, shall be impounded as
directed by the Police Department until disposition of the charge
issued by the citation and as outlined in this section. A complaint
alleging an animal to be dangerous shall be filed with the Police
Department.
(b)
The owner of an animal found to be dangerous in the trial of
a charge of harboring a dangerous animal pursuant to this section,
or by plea to such a charge, shall be prohibited from keeping that
animal in the City contrary to any restrictions contained in Subsection
(5) below.
(c)
No person shall offer for sale, sell, give away, breed, buy,
or attempt to buy any dangerous animal within the City.
(d)
No person shall own or harbor any animal for the purpose of
animal fighting or train, torment, badger, bait, or use any animal
for the purpose of causing or encouraging said animal to attack human
beings or domestic animals when not provoked.
(2)
DANGEROUS ANIMAL
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any animal which habitually approaches or chases any human being
or domestic animal in a menacing fashion or apparent attitude of attack,
without intentional provocation, on public or private property;
Any animal which bites, inflicts injury, attacks, or otherwise
endangers the safety of human beings or domestic animals, without
intentional provocation, on public or private property;
Any animal owned, harbored, or trained primarily or in part
for the purpose of fighting;
Any animal that is known to have a venomous bite, cold blooded
or warm blooded, carnivorous or omnivorous, including, but not limited
to, snakes, lizards, or any other venomous reptile of any type or
species;
Any animal most often to be found in the wild, or naturally
found within nature or in the wild, and not commonly known to be domesticated,
so as to be kept as an animal within a home or dwelling as a pet,
including, but not limited to, such animals as bears of any types
or species, lions, cougars, bobcats, lynx or any other wild animal
to be of the genus background of a feline species;
Any commonly known to be wild, winged animals, including, but
not limited to, birds of predator species such as hawks, eagles, ospreys,
or any other large-type birds with large-type talons on their feet
and legs and any large-type bills or beaks with sharp points, commonly
known to be used to hunt this type of animal's prey; or
Any types of scavenger-type animals most usually and commonly
found to be located in the wild nature setting, carnivorous or omnivorous,
including, but not limited to, raccoons, skunks, foxes, wolves, and
any other exotic cats of any types or species.
(3)
Impoundment.
(a)
It shall be the duty of the Police Department and any other
person designated by the Council to seize any animal whose owner is
alleged to have violated this section and transfer it to the Humane
Society. No person shall fail to produce or surrender up any animal
to the Department. The officers of the Department shall have the right
to pursue an animal upon the premises of the owner or elsewhere. Any
law enforcement officer or duly authorized Department employee may
enter and inspect private property to enforce the provisions of this
section.
(b)
The owner of the animal immediately impounded pursuant to Subsection
(3)(a) above shall be notified in person or by certified mail within
five business days after the animal's impoundment.
(c)
The notice of impoundment shall inform the owner of the animal
that he may request, in writing, a trial to contest the impoundment
within five business days after the animal's impoundment.
(d)
Upon a request for a trial under Subsection (3)(c) above, a
trial shall be held within 10 business days after such request. Notice
of the date, time and location of the trial shall be sent by first-class
mail to the owner requesting the trial.
(e)
If such owner is unknown or unascertainable, a notice shall
be published in the City newspaper giving a description of the animal,
stating where it is impounded, and conditions for its release. If,
within seven days after such notice, no owner claims the animal, the
animal may be destroyed in a proper and humane manner. However, if
an animal before being impounded has bitten a person, the animal shall
remain impounded for 10 days for observation purposes.
(f)
If after a trial on impoundment, the court finds no violation
of Subsection (1) above, the animal shall be returned to its owner.
(g)
If the court finds any violation of Subsection (1) above, the
court may proceed under Subsection (4) or (5) below. The owner of
the animal shall be liable for the costs of impounding, keeping or
destroying said animal. If the animal is not reclaimed within five
business days of the disposition of the charge issued, the animal
may be destroyed in a proper and humane manner.
(4)
Disposition; humane destruction. Any animal determined by the Municipal Court to have violated any provision of Subsection (1) above may be ordered by the Court to be humanely destroyed. If the Court does not issue an order authorizing the humane destruction of the animal, it may be reclaimed from the impounding authority upon payment of all impoundment fees and kept in the City upon proof to the Court's satisfaction of compliance with Subsection (5) below.
(5)
Restrictions. The owner of any animal determined by the Municipal Court to have violated any provision of Subsection (1) above shall be subject to all of the following restrictions:
(a)
Registration. The owner of any dangerous animal shall register
it with the City Clerk upon disposition, and annually thereafter on
or before April 1 of each year, by providing a current color photograph
of the animal and a payment of a seventy-five-dollar registration
fee. Upon payment of the fee, the owner shall be issued a dangerous
animal leather buckled collar of an approved color for the purpose
of identification.
(b)
Liability insurance. At the time of registration, the owner
of any dangerous animal shall provide proof of liability insurance
in the amount of at least $250,000 for any acts of property damage
or liability incurred by virtue of injury inflicted by such animal.
Such insurance shall name the City as co-insured solely for the purpose
of notice of cancellation of the policy.
(c)
Display of warning sign. The owner of any dangerous animal shall
display a warning sign on his premises facing out from all sides of
the premises warning that there is a dangerous animal on the property.
This sign should be visible and capable of being read from a public
highway or thoroughfare or within 40 feet of its placement, whichever
is less. The sign shall conspicuously display a symbol warning children
of the presence of a dangerous animal.
(d)
Identification. Before release to the owner, the impounding
authority or licensed veterinarian shall implant a device which can
be later detected to aid in the proper identification of the animal
as dangerous.
(e)
Collar. The collar issued to the owner shall be worn by the
animal at all times as proof of registration, except when being groomed.
If, when due to the length of the animal's hair, the collar is not
visible, an approved colored leather lead may be used.
(f)
Duty to keep animal under restraint while on owner's property.
While on the owner's property, a dangerous animal shall be securely
and humanely confined indoors or in a secure enclosed and locked pen
or structure, suitable to prevent the entry of young children and
designed to prevent the animal from escaping. Such pen or structure
shall have a minimum dimension of five feet by 10 feet and shall have
secure sides and a secure top. If it has no bottom secured to the
sides, the sides shall be imbedded into the ground no less than two
feet. The enclosure must also provide protection from the elements
for the animal.
(g)
Duty to keep animal under restraint while off owner's property.
A dangerous animal may be off the owner's premises if it is muzzled
and restrained by an approved leather lead not exceeding three feet
in length and is under control of an adult able-bodied person. The
muzzle shall be made in a manner that will not cause injury or pain
to the animal or interfere with its vision or respiration, but shall
prevent it from biting any person or animal.
(6)
Exemptions. The provisions of this section regarding dangerous animals
shall not apply to animals owned by law enforcement agencies and used
for law enforcement purposes and is not intended to restrict the training
and use of dogs for and by public law enforcement agencies.
(7)
Penalties.
(a)
An owner of a dangerous animal who fails to register the animal
is subject to a forfeiture of not less than $100 nor more than $250
per day.
(b)
An owner of a dangerous animal who registers but neglects to
have the dangerous animal collar worn by the animal at all times,
obtain liability insurance, display the standard sign, or properly
restrain the animal is subject to a forfeiture of not less than $25
nor more than $250 per day.
(c)
An owner of a dangerous animal who violates Subsection (1)(a),
(c) or (d) above is subject to a forfeiture of not less than $100
nor more than $500 per day.
(8)
Every day that a violation of this section continues shall be deemed
a separate offense. In addition to the foregoing penalties, any person
who violates this section shall pay all expenses, including shelter,
food, handling, veterinary care, and expert testimony fees, necessitated
by enforcement of this section.
[Added 12-13-2016 by Ord.
No. 590]
(1)
ENFORCEMENT ACTION
NUISANCE ACTIVITY
(a)
(b)
(c)
(d)
(e)
(f)
PREMISES
Definitions. The following terms shall be defined as follows in this
section.
Any arrest, the issuance of a citation, the issuance of a
summons and complaint, the issuance of a written warning, or issuance
of a written notice of violation from any City department.
Any activities, behaviors, or conduct occurring on a premises
that violate City or county ordinances or state laws relating to public
health, safety, peace, morals, welfare or dilapidation. Nuisance activity
does not include activities, behaviors, or conduct that results in
a call for assistance made by any person requesting law enforcement
services related to any of the following:
Domestic abuse as defined in § 813.12(1)(am) of the
Wisconsin Statutes.
Sexual assault as described in §§ 940.225, 948.02
and 948.025 of the Wisconsin Statutes.
Stalking as defined in § 940.32 of the Wisconsin Statutes.
Enforcement of a restraining order as defined in Chapter 813
of the Wisconsin Statutes.
Any incident or behavior involving an individual at risk as
defined in § 813.123 of the Wisconsin Statutes.
Any matters involving a child in need of protective services
as defined in § 48.235(4) of the Wisconsin Statutes.
Any business, single or multifamily dwelling to include a
manufactured home community.
(2)
Chronic nuisance premises. No property owner, tenant or resident
shall maintain a chronic nuisance premises within the City. A chronic
nuisance premises is a premises which meets any of the following criteria:
(a)
Is a premises which has nuisance activity resulting in enforcement
action on the premises three or more times during a rolling six-month
period;
(b)
Is a premises that has generated complaints to the Police Department,
Fire Department, Department of Public Works, Building Inspector or
Code Enforcement Officer that result in a City enforcement action
three or more times during a rolling six-month period; or
(c)
Is a premises which has had two or more enforcement actions
resulting from the manufacture or delivery of controlled substances
or related offenses, as defined in Chapter 961 of the Wisconsin State
Statutes, during a rolling twelve-month period.
(3)
Notice. Whenever the Police Chief of Nekoosa finds that a premises may meet the definition of a chronic nuisance premises if nuisance activity continues, such Police Chief shall notify the premises owner, and occupants other than the owner, in writing. In calculating the nuisance activities, the Police Chief may count separate qualifying nuisance activities occurring on the same day (as long as they are distinct in time) or different days. 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 future enforcement may be assessed as a fee, for that future enforcement, pursuant to §§ 62.11 and 66.00628, Wis. Stats., and collected as a special charge pursuant to § 66.0627, Wis. Stats., and/or penalties assessed per § 10.15.
(4)
Additional nuisance activity assessment. Whenever the Police Chief
of Nekoosa determines that additional nuisance activity has occurred
at a premises for which notice has been issued, the Police Chief may
calculate the cost of police or other staff response and enforcement
for this and any subsequent nuisance activities and cause such charges
and administrative costs to be assessed against the premises as a
fee for current service response or enforcement authorized by §§ 62.11
and 66.0628, Wis. Stats., and collected as a special charge pursuant
to § 66.0627, Wis. Stats., which the City may impose as
a lien against the real estate upon which the premises is located,
if it is not paid and becomes delinquent. Notwithstanding the foregoing,
nothing in this section shall authorize charges for calls for assistance
described in § 66.0627(7), Wis. Stats.
[Amended 7-10-2012 by Ord. No. 566]
Except as otherwise specifically provided in this chapter, any person who shall violate any provision of this chapter, or permit or cause a public nuisance, shall be subject to a penalty as provided in § 25.04 of this Code.
