[HISTORY: Adopted by the City Council of the City of South
Milwaukee. Amendments noted where applicable.]
Any person who shall make or aid in making any riot, noise or
disturbance or who shall aid or countenance any disorderly assemblage
in the City of South Milwaukee shall, upon conviction, pay a fine
of not less than $1 nor more than $200 and the cost of prosecution
for each offense, and in default of payment of such fine, shall be
confined in the House of Correction for a period not to exceed 30
days.
[1]
Editor's Note: Former § 23.02 was repealed 10-19-1932
by Ord. No. 1206. Former § 23.03 was repealed 6-21-1983
by Ord. No. 1242.
A.
No person shall fire or discharge any rifle, gun or fowling piece,
pistol, firearm, or air rifle of any kind or description within the
City of South Milwaukee, except that the Common Council may grant
permission to fire or discharge firearms for practice shooting or
target practice at specific places. The Council reserves the right
to revoke such permission without cause.
B.
Any person who shall violate any of the provisions of this section
shall, upon conviction, pay a fine of not less than $1 nor more than
$200 and the cost of prosecution for each offense, and in default
of payment of such fine, shall be confined in the House of Correction
for a period not to exceed 30 days, and in addition to such penalties,
the Police Justice may, in his discretion, confiscate the firearm
or air rifle used by, or in possession of, the person convicted of
any such violation.
[Amended 9-1-2015 by Ord.
No. 2110]
A.
Purpose. The common Council recognized that smoking of cigarettes
and tobacco products is hazardous to an individual's health and may
affect the health of nonsmokers/smokers when they are involuntarily
in the presence of smoking. This Ordinance is adopted to promote the
safety, health, and general welfare by regulating smoking in buildings
and vehicles owned by the City of South Milwaukee.
B.
General provisions. No person shall cause, allow, or permit any person
to smoke cigarettes, cigars, pipes, e-cigarettes, or other devices
containing tobacco or other combustible smoking materials in municipal
buildings or in vehicles owned, leased, or controlled by the City.
C.
Enforcement and penalties.
(1)
This Ordinance shall be enforced by the Health Department, Building
Inspector, and Police Department or an authorized designee.
(2)
Any person who violates provisions herein by smoking in a prohibited
place shall be subject to a forfeiture of not less than $100 nor more
than $250 for each violation.
(3)
Intent and construction. The City of South Milwaukee finds that it
is in the interest of the health, safety and welfare of the community
to adopt by reference Wis. Stats., § 101.123, and subsequent
amendments, additions and recodifications.
(4)
In addition to the penalties provided herein for violation of this
ordinance, any City employee who violates any provision of this ordinance
or Wis. Stats., § 101.123, may also be subject to progressive
discipline by his or her employer.
A.
It shall be unlawful for any person to give or cause to be given
a false alarm with intent to deceive, or to pull the lever of any
fire alarm signal box except to signal the Fire Department or Police
Department in case of fire or necessity for the services of either
said departments, and except where repairs or testing is being done
by officers and employees of the City, or to tamper, meddle, or interfere
in any way with said boxes, or any part thereof, or to cut, injure,
break, deface or remove any of said boxes, or any of the wires or
supports thereof connected with any part of said system; or to make
any connection or communication therewith so as to interrupt or interfere
with the proper working of said systems, or with evil intent to injure,
break or destroy any machinery or fixtures connected with said system.
B.
Any person who violates any provisions of this section shall, upon
conviction, pay a fine of not less than $1 nor more than $200 and
the cost of prosecution for each offense, and in default of payment
of such fine, shall be confined in the House of Correction for a period
not to exceed 30 days.
A.
It shall be unlawful for any person within the City of South Milwaukee
to permit the accumulation upon his premises of paper, rags, empty
boxes, barrels, rubbish, trash, wastepaper, excelsior, or other combustible
or explosive materials or anything which might cause a hazard to health
or safety.
B.
Whenever there shall be found in any building or upon any premises
any accumulation of paper, rags, empty boxes, barrels, rubbish, trash,
anything which is liable or apt to cause or aid in the spreading of
fire or inflammable conditions, dangerous to the safety of such buildings
or premises, or adjacent or surrounding buildings or premises, or
the occupants thereof, or is liable to endanger or hinder firemen
in the case of a fire, or is a hazard to the health of the occupants
or the public, the Chief of the Fire Department, if the condition
is a fire hazard, or the Medical Advisor, if the condition is a health
hazard, shall serve a written notice upon the owner or occupant of
said premises ordering the removal of the same within a reasonable
time, to be specified within said order. If such condition be not
removed at the expiration of the period of time stated in the notice,
it shall be deemed a nuisance and the Chief of the Fire Department
or the Medical Advisor, are authorized to have the same removed by
the City and the cost of said removal shall be recovered in an action
by the City against the owner or occupant of the property.
C.
Any person who violates any provision of this section shall, upon
conviction, pay a fine of not less than $1 nor more than $200 and
the cost of prosecution for each offense, and in default of payment
of such fine, shall be confined in the House of Correction for a period
not to exceed 30 days.
A.
There are hereby created and established zones of quiet in all territory
embraced within a distance of 250 feet of every hospital within the
City of South Milwaukee.
B.
It shall be the duty of the City Engineer of the City of South Milwaukee
to place or cause to be placed on lamp posts or some other conspicuous
place at a distance of not more than 250 feet in each direction from
every hospital in the City of South Milwaukee, signs or placards displaying
the words "Hospital - Zone of Quiet."
C.
Any person who shall make or cause to be made any loud, disturbing
or unnecessary noise, sound or commotion within a zone of quiet shall,
upon conviction, pay a fine of not less than $1 nor more than $200
and the cost of prosecution for each offense, and in default of payment
of such fine, shall be confined in the House of Correction for a period
not to exceed 30 days.
A.
It is declared necessary in the interests of public safety and welfare
that the use of barbed wire in the building or repair of fences in
residential districts be prohibited.
B.
It shall be unlawful for the owners of any premises located in any
part of the City of South Milwaukee to construct or maintain any fence
constructed in whole or part of barbed wire unless the barbed wire
is more than six feet above the ground.
C.
Any fence now erected or maintained in violation of Subsection B hereof is declared to be a nuisance and the owner hereof is hereby required to remove the same within 15 days after the effective date of this section.
D.
Any person who violates any provision of this section shall, upon
conviction, pay a fine of not less than $1 nor more than $200 and
the cost of prosecution for each offense, and in default of payment
of such fine, shall be confined in the House of Correction for a period
not to exceed 30 days. Each day's violation of the provisions of this
section shall constitute a separate offense. Upon conviction, the
police are hereby authorized to enter upon the premises of the owner,
in the event he does not remove the barbed wire promptly after conviction,
and remove the barbed wire from the fence constituting a violation
of this section.
A.
It shall be unlawful for any person, engineer, firm or corporation
to sound or blow, or cause to be sounded or blown, or to assist in
sounding or blowing within the limits of the City of South Milwaukee
the whistle of any locomotive or steam engine while approaching and
crossing any public street which is protected by either gates or watchmen,
or both, except that such whistle may be sounded or blown as an emergency
signal to employees.
B.
Any person, engineer, firm or corporation who violates any provision
of this section shall, upon conviction, pay a fine of not less than
$1 nor more than $200 and the cost of prosecution for each offense,
and in default of payment of such fine, shall be confined in the House
of Correction for a period not to exceed 30 days.
[Amended by Ord. No. 1967]
A.
[1]No individual or family unit living together, firm or corporation
occupying a dwelling shall keep more than a total of three dogs or
three cats or a combination of dogs and cats totaling not more than
three animals upon any premises with the exception that a litter of
pups or kittens, or portion of the litter, may be kept for not more
than five months from birth.[2]
[Amended 6-20-2017 by Ord. No. 2149]
B.
The occupant of any premises on which a dog, cat or any other domesticated
bird or animal remains or to which it customarily returns daily for
a period of at least 10 days shall be presumed, for the purposes of
enforcement of this chapter, to be the owner of the animal. Such owner
is responsible for licensing the animal and for properly caring for
and restraining the animal.
C.
Pet shops as allowed pursuant to Chapter 15 of the South Milwaukee Code are exempt from the dog and cat limitations of this section.
D.
All dog and cat owners shall maintain the following conditions:
(1)
All animals shall be maintained in a healthy condition or, if ill,
shall be given appropriate treatment immediately.
(2)
The quarters in which the animals are kept shall be maintained in
a clean condition and in a good state of repair.
(3)
Animal pens or enclosures shall be large enough to provide freedom
of movement to the animals contained therein.
(4)
Food supplies shall be stored in rodent proof containers and food
and water containers shall be kept clean.
(5)
Litter or bedding material shall be changed as often as necessary
to prevent an odor nuisance.
(6)
Feces shall be removed from yards, pens and enclosures daily and
more often, if necessary, and stored in tightly covered metal containers
until final disposal.
(7)
Yards, pens, premises and animals shall be kept free of insect infestations.
(8)
No odor or noise nuisance shall be permitted.
(9)
All premises shall be maintained and operated in a nuisance free
manner.
E.
Any person who violates any provision of this section shall be subject
to a forfeiture of not less than $10 nor more than $1,000. Each day
a violation continues constitutes a separate offense. The Court, in
addition, shall have the authority to:
(1)
Require restitution for the cost of removal of any animals in excess
of the number herein permitted at the rate of the fee amount imposed
by the Common Council in its Administrative Fee Schedule for animal
removal; and
(2)
Impound the animals on the premises or in the household that is in
violation of the maximum number of dogs permitted in this Section,
or which is in an unsafe or unsanitary condition, all in accordance
with the impounding provisions of Wis. Stats., § 174.046.
[1]
Editor's Note: Former § 23.12 was repealed 5-18-1982
by Ord. No. 1186.
A.
No person, firm or corporation shall, within the limits of the City
of South Milwaukee, construct, maintain or operate or cause to be
so constructed, maintained or operated, any track or area designed
for the purpose of operating motor vehicles thereon, for a consideration
or otherwise, unless such person, firm or corporation shall have a
license then in force authorizing the construction, maintenance and
operation of such track or area, issued by the City Clerk by authority
of the Common Council.
For the purpose of this ordinance, the term "Motor Vehicle"
shall include any and all power driven conveyances.
B.
Licenses.
(1)
Application. A written application for a license to construct, maintain
and operate such track or area shall be filed with the City Clerk
upon forms provided by the said Clerk, and all of the questions in
the application must be answered fully. Such application shall be
properly signed and sworn to before a Notary Public or other official
authorized to administer oaths.
(2)
Inspection and investigation. The City Clerk shall notify the Chief
of Police, Chief of the Fire Department and the City Engineer of such
application, and these officials shall inspect or cause to be inspected
each application and the premises covered thereby to determine whether
the applicant and the premises sought to be licensed comply with the
regulations, ordinances and laws applicable thereto. These officials
shall furnish to the Common Council in writing the information derived
from such investigation accompanied by a recommendation as to whether
a license should be granted or refused.
(3)
Issuance. No such license shall be granted where it appears from
the investigation that the applicant is of unsound moral character;
that any information furnished in the application is false or incomplete
in a material respect; that the applicant is under the age of 21 years
or where the investigation disclosed any conduct of such track or
area by the applicant would be detrimental to the welfare and best
interests of the public.
(4)
Fees. The fee for such track or area license shall be $10 per year
for each track licensed to any such person, firm or corporation. The
license year shall be from July 1 to the next succeeding June 30.
For the purpose of this paragraph, each track in excess of one constructed,
operated or maintained by the same person, firm or corporation on
a single tract of land or several connected tracts of land shall be
considered additional tracks.
C.
Construction. Each track which shall be constructed for the purpose
of operating "motor vehicles" as herein defined shall be enclosed
by a fence not less than four feet in height and of suitable strength
so as to aid in preventing spectators from being injured by accidents
occurring on such track. In addition, if such track is of any shape
other than circular or oval, track lanes which are close proximity
to each other and upon which vehicles move in opposite directions
shall be separated by suitable bumpers so that vehicles shall be prevented
from crossing over.
D.
Racing prohibited. Any such licensed track or area shall be used
for amusement purposes only and no racing shall be authorized by the
licensee.
E.
Mufflers. All vehicles operated on such track or area shall be equipped
with a muffler as defined in § 347.39, Wis. Stats., which
must give results equivalent to or better than those of a Clinton
Muffler, Model 2220A. In addition, such track operation shall be subject
to the provisions of the South Milwaukee Code relating to noise.
F.
Speed. No motor vehicle shall be operated on such track or area at
a speed in excess of 20 miles per hour, and all "Go-Karts," "Go-Boy
Karts" or other such motor vehicles offered for use to the general
public for a consideration or otherwise shall be equipped with a device
or gear ratio so that such vehicle cannot be operated at a speed in
excess of 20 miles per hour.
G.
Parking. For each such track or area, including multiple track areas,
there shall be provided an off-street parking area for not less than
15 automobiles.
H.
Hours of operation. No motor vehicle shall be operated on such track
or area prior to the hour of 10:00 a.m. or after the hours of 10:00
p.m. on Mondays through Saturdays, or prior to the hour of 12:00 noon
or after the hour of 10:00 p.m. on Sundays.
I.
Litter prohibited. The track area, parking lots, and the entire area
upon which such track is maintained and operated shall be kept clean,
neat, orderly and at all times free of debris of any kind.
J.
Insurance. The licensee shall provide and carry liability insurance
to indemnify him against loss arising out of personal injury on such
track or as a result of the operation of any motor vehicle in the
licensed area and shall file with the City Clerk along with the application
for a license, a certificate indicating that such insurance is in
full force and effect with limits of at least $25,000 for each injury.
K.
Permitted vehicles. No motor vehicle shall be permitted on any such
track at any time except such miniature motor vehicles denominated
"Go-Karts," "Go-Boy Karts" or similar miniature single engine, minimum
horse-power vehicles. The provisions of this paragraph shall not be
construed to prohibit the operation of larger motor vehicles on such
tracks for the purposes of maintenance and repair of such track.
L.
Supervision and responsibility. It shall be the duty and responsibility
of the licensee to require compliance with the terms of this ordinance
by all persons making use of such track or area. Such licensee shall
provide adequate supervision of all activity at such track. Such licensee
or his authorized agent shall be in attendance at all times while
such track is open and being operated.
M.
Penalty. Any person, firm or corporation who, as licensee, permits
or fails to prevent a violation of any section or subsection of this
ordinance shall be assessed a forfeiture of not less than $1 nor more
than $200 plus the costs of prosecution for each and every offense
or, in case of default of payment of such fine and costs, shall be
imprisoned in the House of Correction for a period not to exceed 60
days.
[Added 8-11-1960 by Ord.
No. 650]
Any person, firm or corporation who violates any provision of § 23.11 or 23.12 shall, upon conviction, pay a fine of not less than $1 nor more than $200 and the cost of prosecution for each offense, and in default of payment of such fine, shall be confined in the House of Correction for a period not to exceed 30 days.
A.
A VEHICLE NOT IN SAFE OPERATING CONDITION
DISABLED MOTOR VEHICLE
IMPROVED PARKING AREA
Definitions.
A motor vehicle which does not meet the requirements and
standards of Ch. 347, Wis. Stats., relating to equipment of vehicles.
Any one or more of, but not limited to, the following:
|
(a)
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Motor vehicle not having affixed thereto the current valid state
registration plates for the motor vehicle;
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|
(b)
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Disabled or not currently operable motor vehicle, whether or
not having affixed thereto the current valid state registration plates
for the motor vehicle;
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(c)
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Any vehicle not in safe operating condition.
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That portion of a front or side yard which is paved with
asphalt, concrete or stone and devoted to a driveway, and that portion
of a rear yard which has been improved for parking purposes by paving
with stone, asphalt or concrete.
B.
Disabled motor vehicles - time limit for parking or storage. The
parking, storage, or accumulation of any disabled motor vehicle of
whatsoever kind or parts thereof outside of a building on any premises
or lot which has not been granted a junk yard permit in any zoning
district of the City for a period of time exceeding 14 days in any
one calendar year is prohibited with the following exceptions:
[Amended 3-6-1990 by Ord.
No. 1456; 4-16-2002 by Ord. No. 1816]
(1)
Additional periods of storage of disabled motor vehicles beyond 14
days may be permitted provided a detailed written application is made
to and approved by the Board of Appeals. The Application to the Board
of Appeals shall be submitted with the fee shown in the most recently
adopted schedule of Administration Services and Fees. Extended permission
may be granted on such conditions as the board deems reasonable. However,
in no event shall permission be granted to store the vehicle or part
in any part of any residential premises which is not an improved parking
area within the meaning of this ordinance and in no event shall the
Board of Appeals permit the outside storage of more than one disabled
motor vehicle, or major component thereof, on a premises in any zoning
district for more than 60 days.
(2)
Any commercial premises on which an auto body repair shop is a permitted
use may store a damaged vehicle to be repaired for up to 90 days.
Storage of a vehicle beyond this ninety-day limit can be permitted
by the Board of Appeals but in no event shall the board grant an extension
of greater than 60 days.
(3)
The provisions of this ordinance shall not apply where the owner
of the property is also the owner of a vehicle is licensed under § 341.14(2m)
or 341.14(4), Wis. Stats., and is the owner of parts on the owned
premises which are permitted by § 341.266 or 341.268., Wis.
Stats.
C.
Responsibility. The owner or lessee of any disabled motor vehicle or parts thereof and the owner, agent or tenant of any premises within any zoning district upon which such disabled motor vehicle or parts thereof are parked, stored or maintained, shall be individually responsible for complying with the provisions of § 23.15A and B.
D.
Penalties. Any person, firm or corporation who violates the provision of § 23.15A through C shall, upon written notice from the Police Department, remove the vehicle or parts thereof within 10 days of the date of the notice or shall pay a forfeiture of not less than $10 nor more than $200 for each offense, and each day that such violation continues shall be considered as a separate offense.
E.
Vehicle abandonment prohibited - removal - disposal.
(1)
No person shall leave any non-operable, wrecked, disabled or junked
motor vehicle on any street, alley or public place within the City
for more than 24 hours.
(2)
No person shall leave unattended any motor vehicle, trailer, semi-trailer
or mobile home on any public highway or private or public property,
for such time and under such circumstances as to cause the vehicle
to reasonably appear to have been abandoned. Whenever any vehicle
has been left unattended on a public street without the permission
of the City for more than 48 hours, the vehicle is deemed abandoned
and constitutes a public nuisance. Whenever any vehicle has been left
unattended on private property without permission of the property
owner for more than 24 hours, the vehicle is deemed abandoned and
constitutes a public nuisance.
(3)
Any vehicle in violation of this section shall be impounded until lawfully claimed or disposed of under Subsection E(3), except that if it is deemed by the Chief of Police or his designee that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the expiration of the impoundment period upon determination by the Chief of Police that the vehicle is not stolen or otherwise wanted for evidence or other reason. All substantially complete vehicles in excess of 19 model years of age shall be disposed of in accordance with Subsection E(4)(c).
(4)
The owner of any vehicle abandoned contrary to the provisions herein
shall be fined not less than $50 nor more than $200 for each 24 hours
of violation plus the costs of towing and impoundment, and on failure
to pay, may be imprisoned not more than 60 days in the House of Correction.
(a)
Any police officer who discovers any motor vehicle, trailer,
semi-trailer or mobile home on any public highway or private or public
property which has been abandoned shall cause the vehicle to be removed
to a suitable place of impoundment. Upon removal of the vehicle, the
officer shall notify the Chief of Police of the abandonment and of
the location of the impounded vehicle.
(b)
The owner of any abandoned vehicle, except a stolen vehicle,
is responsible for the abandonment and all costs of impounding and
disposing of the vehicle.
(c)
Any vehicle which is deemed abandoned by a duly authorized City of South Milwaukee representative and not disposed of under Subsection E(2) shall be retained in storage for a minimum period of 10 days after certified mail notice has been sent to the owner and lienholders of any record to permit reclamation of the vehicle after payment of accrued charges. Such notice shall set forth the year, make, model and serial number of the abandoned motor vehicle, the place where the vehicle is being held, and shall inform the owner and any lienholders of their right to reclaim the vehicle. The notice shall state that the failure of the owner or lienholders to exercise their rights to reclaim the vehicle under this section shall be deemed a waiver of all right, title and interest in the vehicle and a consent to the sale of the vehicle. Each retained vehicle not reclaimed by its owner or lienholder may be sold. The City of South Milwaukee may dispose of the vehicle by sealed bid or auction. At such sale, the highest bid for any such motor vehicle shall be accepted unless the same is deemed inadequate by a duly authorized City of South Milwaukee representative, in which event, all bids may be rejected. If all bids are rejected or no bid is received, the City of South Milwaukee may either re-advertise the motor vehicle at a private sale or junk the vehicle. Any interested person may offer bids on each abandoned vehicle to be sold. The public notice of the sale shall be published as a Class 2 Notice and a public notice shall be posted at the Office of the South Milwaukee Police Department. The posting of the notice at the Police Department shall be in the same form as the certified mail notice sent to the owner or lienholders of record. Upon sale of an abandoned vehicle, the City of South Milwaukee shall supply the purchaser with a completed form designed by the department enabling the purchaser to obtain a regular certificate of title for the vehicle. The purchaser shall have 10 days to remove the vehicle form the storage area but shall pay a reasonable storage fee established by the City of South Milwaukee for each day the vehicle remains in storage after the second business day subsequent to the sale date. Ten days after the sale, the purchaser shall be deemed to be abandoned and may be sold again. Any listing of vehicles to be sold by the City of South Milwaukee shall be made available to any interested person or organization which makes a written request for such list. The City of South Milwaukee may charge a fee for the list.
F.
Prohibited parking areas.
(1)
It shall be unlawful to park any vehicle, trailer, or equipment,
as defined herein on any lawn or grass, or other yard that is not
an improved parking area as defined in Subsection A(3) on any residentially
zoned property or property however zoned if it is used for residential
purposes.
(a)
Vehicles or equipment shall include house trailers (campers);
utility trailers, mobile homes, motor vehicles, trucks, passenger
vehicles, motor homes, motorcycles, other trailers, boats, construction
equipment, machinery, or any parts of the above.
(2)
Limits of improved parking areas shall be as defined herein or under Chapter 15 (Zoning Code).
(a)
Front, side, and rear yards of the primary structure shall not
be used as an improved parking area except for a driveway extending
from the public street or alley to a garage. The front yard of the
primary dwelling shall be lawn or landscaping area, except for walkways
connecting from sidewalks, roads or driveways to front of dwellings.
(b)
The total area of yard used for parking and driveway purposes
shall not exceed 40 of the larger of the required minimum or actual
front or rear yard setback area, and shall not exceed 24 feet in width.
(c)
Driveways and improved parking areas shall be a minimum of two
feet from a side (or rear) property line, except as noted herein.
(3)
Exceptions.
(a)
Single family or two family dwellings that have side entry garages
in front of a dwelling may exceed coverage by administrative review.
(b)
The City may approve an increase in front yard driveway coverage
by administrative review when the increase would meet the intent of
the code or where ordinance standards cannot be reasonably applied
to the lot or create an unreasonable hardship based on the characteristics
of the premises and/or land. A hardship cannot be based on the number
or type of vehicles owned by the occupants or owners. As part of such
review, the owner or applicant may be required to add screening around
the driveway to help hide the parking area and vehicles from view
of adjacent properties or from the street. The property owner or applicant
may use a privacy fence, landscaping, or other means to meet the requirements.
(c)
Properties that exceed the maximum coverage as of the date of
this ordinance shall not expand the improved parking area. Property
owners exceeding the maximum shall not be required to remove permanently
paved improved areas and may use such areas for parking.
(4)
Responsibility. The owner or lessee of any vehicle or equipment defined under Subsection F(1)(a) and the owner, agent or tenant of any premises within any residential zoning district upon which such vehicle or equipment are parked, stored or maintained, shall be individually responsible for complying with the provisions of § 23.15F.
(5)
Penalties and enforcement.
(a)
Any person, firm or corporation who violates the provisions of § 23.15F(1) shall, upon written notice from the Police Department, remove the vehicle or equipment within 10 days of the date of the notice or shall pay a forfeiture of not less than $10 nor more than $200 for each offense, and each day that such violation continues shall be considered as a separate offense.
(b)
The City engineer and/or the Building Inspector shall be primarily responsible for reviewing compliance with § 23.15F(2) and enforcement of provisions as it pertains to limits of improved parking for new construction or expansion of improved parking for previously developed properties.
[Added 12-2-2008 by Ord.
No. 1983]
A.
CITY
CURFEW HOURS
EMERGENCY
ESTABLISHMENT
MINOR
OFFICER
PARENT
PERSON
PUBLIC PLACE
REMAIN
Definitions. The following words and phrases shall have the meanings
ascribed to them below. When not inconsistent with the context, words
used in the present tense include the future, words in the plural
include the singular and words in the singular include the plural.
The City of South Milwaukee, Wisconsin.
Refers to the hours of 11:00 p.m. through 5:00 a.m., of each
day.
Unforeseen circumstances, or the status or condition resulting
therefrom, requiring immediate action to safeguard life, limb or property.
Any privately owned place of business within the City operated
for profit, to which the public is invited, including, but not limited
to any place of amusement or entertainment. With respect to such Establishment,
the term "Operator" shall mean any person, and any firm, associated,
partnership (and the members or partners thereof) and/or any cooperation
(and the officers thereof) conducting or managing the Establishment.
Any person under 17 years of age.
A police or other law enforcement officer charged with the
duty of enforcing the laws of the State of Wisconsin and the ordinances
of the City of South Milwaukee.
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a.
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A person who is a minor's biological or adoptive parent and
who has legal custody of a minor (including either parent, if custody
if shared under a court order or agreement);
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b.
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A person who is the biological or adoptive parent with whom
a minor regularly resides;
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c.
|
A person judicially appointed as a legal guardian of the minor.
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An individual, not any association, corporation or any other
legal entity.
Any place to which the public or a substantial group of the
public has access, including, but not limited to: streets, highways,
roads, sidewalks, alleys, avenues, parks, and/or the common areas
of schools, medical care facilities, apartment houses, office buildings,
places of amusement and entertainment, vacant lots, transportation
facilities, shops, and in or upon any conveyance being driven or parked
thereon.
Any of the following actions:
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a.
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To linger, stay, congregate, loiter, wander, stroll, stand,
or play at or upon a public place; and/or
| |
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b.
|
To fail to leave a place when requested to do so by an officer
or by the owner, operator or other person in control of that place.
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B.
Loitering of minors (curfew). It shall be unlawful for a minor, during
curfew hours, to remain in or upon any Public Place within the City,
to remain in any motor vehicle operating or parked therein or thereon,
or to remain in or upon the premises of any Establishment within the
City unless:
(1)
The minor is accompanied by a parent; or
(2)
The minor is involved in an emergency; or
(3)
The minor is engaged in employment activity, or is going to or returning
home from such activity, without detour or stop; or
(4)
The minor is attending or returning home by direct route from a supervised
school, church, recreation or civic function; or
(5)
The minor is, while in possession of a written note from a parent,
is performing an errand at the direction of a parent; or
(6)
The minor is involved in interstate travel through, or beginning
or terminating in, the City; or
C.
Parental violation. No parent, guardian or other person having legal
custody of a child under the age of 17 years shall permit such child
to loiter or remain on any street, alley or other place open to the
public in the City between 11:00 p.m. and 5:00 a.m. the next day,
unless such child is accompanied by his or her parent, guardian or
other adult having legal custody of such child. A violation of this
subsection may be designated as "Contributing to a Curfew Violation."
D.
Operators of places open to the public. No person operating a place
open to the public within the City or any agent, servant or employee
of such person shall permit a child under the age of 17 years to enter,
remain in or loiter in such a place between 11:00 p.m. and 5:00 a.m.
the next day, unless such child is accompanied by his or her parent,
guardian or other adult having custody of such child. A violation
of this subsection may be designated as "Contributing to a Curfew
Violation."
E.
Owners or operators of motor vehicles. No person who is the owner
or operator any motor vehicle shall knowingly permit, allow or encourage
a violation of this section. A violation of this subsection may be
designated as "Contributing to a Curfew Violation."
A.
This section is a regulatory measure aimed at protecting the health
and safety of children in South Milwaukee from the risk that convicted
sex offenders may re-offend in locations close to their residences.
The City finds and declares that sex offenders who prey upon children
are a serious threat to public safety. When convicted sex offenders
reenter society, they are much more likely than any other type of
offender to be re-arrested for a new sexual assault. Given the high
rate of recidivism for sex offenders and that reducing opportunity
and temptation is important to minimizing the risk of reoffense, there
is a need to protect children where they congregate or play in public
places in addition to the protections afforded by state law near schools,
and other places children frequent. The City finds and recognizes
that in addition to schools, children congregate or play at public
parks.
[Amended 2-7-2012 by Ord.
No. 2041]
B.
CHILD
CHILD SAFETY ZONE CENTERS
DESIGNATED OFFENDER
PERMANENT RESIDENCE
TEMPORARY RESIDENCE
Definitions. For the purpose of this section:
[Amended 3-15-2016 by Ord. No. 2123]
A person under the age of 16 years.
It it's the intention of this ordinance to insure that schools,
licensed day care centers, parks athletic fields used by children,
recreational trails, playgrounds, the public library, public swimming
pools or any other places designated by the City as a place where
children are known to congregate will be safe for children. These
premises and areas are referred to herein as "child safety zone centers."
Any person who is required to register under § 301.45,
Wis. Stats., for any offense against a child or any person who is
required to register under § 301.45, Wis. Stats., and who
has been designated a Special Bulletin Notification (SBN) sex offender
pursuant to § 301.46(2) and (2m), Wis. Stats.
A place where the person abides, lodges or resides for 14
or more consecutive days.
A place where the person abides, lodges or resides for a
period of 14 or more days in the aggregate during any calendar year
and which is not the person's permanent address or a place where the
person routinely abides, lodges or resides for a period of four or
more consecutive or nonconsecutive days in any month and which is
not the person's permanent residence.
C.
Residency restriction.
[Amended 3-15-2016 by Ord. No. 2123]
(1)
Restriction. A designated offender shall not establish a permanent
residence or temporary residence within 1,000 feet of any child safety
zone center or any other place designated by the common Council as
a place where children are known to congregate.
(2)
Measurement of distance. The distance shall be measured by following
a straight line from the outer property line of the permanent or temporary
residence to the nearest outer property line of child safety zone
center.
(3)
A map depicting restricted areas of the City, as amended from
time to time, shall be on file with the City Clerk and Police Department.
D.
Residency restriction exceptions. A designated offender residing within a prohibited area as specified in § 23.16.1C does not commit a violation of this section if any of the following applies:
[Amended 3-15-2016 by Ord. No. 2123]
(1)
The person established a permanent residence or temporary residence and reported and registered the residence as provided in § 301.45, Wis. Stats., before August 30, 2007 (the date § 23.16.1 became effective).
(2)
The person was under 17 years of age and is not required to
register under § 301.45 or 301.46, Wis. Stats.
(3)
The child safety zone center within 1,000 feet of the person's
permanent or temporary residence was not shown on the map of restricted
areas at the time the person established the permanent or temporary
residence and reported and registered the residence as provided in
§ 301.45, Wis. Stats.
(4)
The residence is also the primary residence of the person's
spouse or parents provided that the spouse or parents established
the residence at least two years before the designated offender established
residence at the location.
F.
Entry into and loitering in the vicinity of child safety zone center
prohibited.
[Amended 3-15-2016 by Ord. No. 2123]
(1)
It shall be unlawful for any person defined as a designated offender under § 23.16.1B to:
(a)
Go onto or into any child safety zone center;
(b)
Loiter or prowl, in the vicinity of a designated child safety zone center at a time, or a manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of any child in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself or herself or manifestly endeavors to conceal himself or herself or any object. Unless flight by the actor or other circumstances makes it impracticable, a peace officer shall prior to any arrest for an offense under this section, afford the actor an opportunity to dispel any alarm which would otherwise be warranted by requesting his or her to identify himself or herself and explain his or her presence and conduct at the designated child safety zone. No person shall be convicted of an offense under this Subsection F(1)(b) if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm.
(2)
Exceptions.
[Amended 3-15-2016 by Ord. No. 2123]
(a)
This section shall not apply where the actor was with his or
her parent, guardian or other adult person having his or her care,
custody or control, or where that actor was exercising First Amendment
rights protected by the U.S. Constitution or Wisconsin Constitution,
including freedom of speech, the free exercise of religion, or the
right of assembly.
(b)
This section shall not apply where the actor was required to
be present on the premises by any law of the U.S. or the State of
Wisconsin.
(c)
This section shall not apply where the actor is on school premises
for a parent teacher conference concerning his/her child, or for his/her
child's graduation ceremony. This exception shall only apply for the
time period necessary for the actor to complete the parent teacher
conference concerning his/her child or until the completion of the
graduation ceremony. This exception does not apply where the actor
is a step-parent and not the natural or adoptive parent of the child.
G.
Penalties.
[Amended 3-15-2016 by Ord. No. 2123]
(1)
A designated offender who violates § 23.16.1C, shall be subject to a forfeiture of not less than $1,000 not more than $2,500 for each violation and in default of payment may be imprisoned as provided by law. Each day a violation continues shall constitute a separate offense. The City may also seek equitable relief.
[Added 4-20-1999 by Ord.
No. 1735]
As used in this ordinance, unless the context indicates otherwise:
A band, strip or chain placed around the neck of a dog.
The Department of Agriculture, Trade and Consumer Protection.
Any horse, bovine, sheep, goat, pig, domestic rabbit or domestic
fowl, including game fowl raised in captivity.
In addition to and as a supplement to any other definition
of the term "owner" in this chapter, the term "owner" shall also mean
the occupant of any premises on which a dog, cat or any other domesticated
bird or animal remains or to which it customarily returns daily for
a period of at least 10 days.
[Amended 6-1-1999 by Ord.
No. 1737; 5-15-2012 by Ord. No. 2048]
A.
ISOLATION FACILITY
OFFICER
OWNER
Definitions. As used in this section, the following terms shall have
the meaning indicated:
A humane society shelter, MADACC, veterinary hospital, municipal
pound or other place specified by an officer which is equipped with
a pen or cage which isolates an animal from contact with other animals.
A police officer, health officer or any other person designated
by the City.
A person, who owns, harbors, keeps or controls an animal
B.
Provisions and requirements.
(1)
The provisions of Wis. Stats., § 95.21, are hereby adopted
and by reference made part of this Code as if fully set forth herein.
(2)
The owner of an animal shall comply with the provisions of § 95.21,
Wis. Stats.
(3)
Any person who suspects that an animal is infected with rabies or
has been exposed to rabies infection shall notify an officer who shall
take appropriate action as required under § 95.21(4), Wis.
Stats. Any domestic animal that is bitten or scratched by a bat or
by a wild, carnivorous mammal that is not available for testing is
presumed to have been exposed to a rabid animal.
(4)
Any officer may kill or impound any dog, cat or ferret which he believes,
from the appearance or conduct of such dog, cat or ferret to be infected
with rabies.
(5)
Any officer may order killed or may kill an animal other than a dog,
cat or ferret if the officer has reason to believe that the animal
bit a person or is infected with rabies.
(6)
Any person who suspects that any dog, cat or ferret is infected with
rabies shall report to the police or health authorities, describing
the dog, cat or ferret and giving the name of the owner, if known.
Any such dog, cat or ferret shall, upon demand of any officer, be
delivered to such officer.
(7)
No person shall knowingly harbor or keep any dog, cat or ferret infected
with rabies or any dog, cat or ferret known to have been bitten by
any animal known to have been infected with rabies. No person shall
fail to report to the police or health authorities the existence of
a dog, cat or ferret known to be infected with rabies.
C.
Rabies vaccination required. Every dog, cat or ferret owned or kept
in the City shall be vaccinated against rabies by a veterinarian within
30 days after the animal reaches four months of age. If the owner
obtains the dog, cat or ferret or brings it into the City after the
animal reaches four months of age, the owner shall have the animal
vaccinated against rabies with 30 days after the animal has been obtained
or brought into the City, unless the animal has been vaccinated, as
evidenced by a current certificate of rabies vaccination. Regardless
of the age at initial vaccination, a second vaccination should be
given one year later. Every dog, cat or ferret shall be revaccinated
according to the recommendation of the vaccine used by the veterinarian
administering such vaccinations or before the date that the immunization
expires, as stated on the certificate of vaccination.
D.
Dogs, cats or ferrets biting persons. Every owner or keeper of a
dog, cat or ferret that has bitten any person and every other person
who knows that a dog, cat or ferret has bitten any person shall immediately
in writing report such fact to an officer, and such owner or keeper
shall immediately confine such dog, cat or ferret for at least 10
days thereafter and shall not release such dog, cat or ferret except
with the written approval of the officer. Any such dog, cat or ferret
shall be surrendered to the officer upon demand.
E.
Risk to animal health.
(1)
If a dog, cat or ferret is ordered to be quarantined because there
is reason to believe that the animal has been exposed to a rabid animal
and if the dog, cat or ferret is not currently immunized against rabies,
the custodian of an isolation facility or the owner shall kept the
animal leased or confined for 180 days. The owner shall have the animal
vaccinated against rabies between 155 and 165 days after the exposure
to a rabid animal.
(2)
If a dog, cat or ferret is ordered to be quarantined because there
is reason to believe that the animal has been exposed to a rabid animal
but if the dog, cat or ferret is immunized against rabies, the custodian
of an isolation facility or the owner shall keep the animal leashed
or confined for 60 days. The owner shall have the animal revaccinated
against rabies as soon as possible after exposure to a rabid animal.
F.
Deliver to isolation facility or quarantine on premises of owner.
An officer who orders a dog, cat or ferret to be quarantined shall
deliver the animal or shall order the animal delivered to an isolation
facility as soon as possible but no later than 24 hours after the
original order is issued or the officer may order the animal to be
quarantined on the premises of the owner if the animal is immunized
currently against rabies as evidenced by a valid certificate of rabies
vaccination or other evidence.
G.
Penalties. The penalty for violation of this ordinance shall be a
forfeiture of not less than $50 nor more than $500 for first violation
and not less than $250 nor more that $1,000 for any subsequent violation.
[Amended 3-17-1989 by Ord. No. 1427; 4-17-2007 by Ord. No. 1940; 7-28-2015 by Ord. No. 2109; 3-15-2016 by Ord. No. 2124]
A.
ANIMALS RUNNING AT LARGE
DANGEROUS DOG
OWNER
SERIOUS INJURY
(1)
(2)
(3)
(4)
(5)
UNPROVOKED
UNTAGGED ANIMALS
VICIOUS DOG
Definitions.
An animal shall be deemed to be running at large when it
is permitted to run off of the premises of the owner or keeper when
it is not accompanied by a person having said animal under control
on a leash.
|
(1)
|
A dog which, unprovoked, causes an injury to a person which
is not classified as a serious injury; or
| |
|
(2)
|
A dog which, while off its owner's or keeper's premises, attacks
and injures a domestic animal.
|
Any person, firm, corporation, organization or department
possessing, harboring or having the care or custody, whether temporarily
or permanently, of a dog.[1]
Shall mean any of the following:
[Amended 9-6-2022 by Ord. No. 2230]
Any physical injury to a person that results in a major fracture,
muscle tears, disfiguring lacerations or wounds, or requires multiple
sutures or corrective or cosmetic surgery.
Any injury to a person which requires hospitalization for more
than 48 hours commencing within seven days from the date the injury
was received.
Any injury to a person which causes severe hemorrhages, nerve,
muscle, or tendon damage.
Any injury to a person that involves any internal organ.
Any injury to a domestic animal where such injuries result in
the death of that animal.
That the circumstances demonstrate that the dog was not,
at the time of the incident, being teased, attacked, tormented, abused
or assaulted by a person.
An animal is considered to be untagged if a valid license
tag is not attached to a collar which is kept on the animal.
|
(1)
|
A dog which has caused a serious injury; or
[Amended 9-6-2022 by Ord. No. 2230] | |
|
(2)
|
A dog previously determined to be a dangerous dog: which, unprovoked,
bites a person, or while off its owner's or keeper's premises attacks
and inures a domestic animal; or
| |
|
(3)
|
A dog which, at any time or times has been implicated in two
or more bite incidents involving humans; or
[Amended 4-18-2017 by Ord. No. 2145] | |
|
(4)
|
A dog which has been found to be a vicious dog in any other
community.
|
[1]
Editor’s Note: The former definition of “pit bull,”
which immediately followed this definition, was repealed 6-27-2017
by Ord. No. 2153.
B.
Prohibitions.
(1)
No person shall harbor, keep or maintain within the City limits of
the City of South Milwaukee any dog which has been determined to be
a vicious dog by the City of South Milwaukee Health Department or
by an authorized person, department or agency in any other community
or by any Court.
(2)
Any dog alleged to be vicious by virtue of an attack upon a human
being or a domestic animal shall be impounded as directed by the City
of South Milwaukee Health Department until a determination has been
made by the Circuit Court of Milwaukee County whether the dog should
be killed. In the event the Health Department is satisfied that the
owner has made adequate arrangements to insure the safety of the community
and that the dog will be accessible in the event the Court orders
it killed, the Health Department may accept an alternative to impoundment
which will at a minimum will include notice of where the animal is
being kept and with whom the animal is being kept and what security
measures have been taken to insure the animal is not a danger to people
at its current location. In the event the animal is removed from South
Milwaukee, the owner shall provide the Health Department with the
address where the animal is and the name of the person in charge of
the animal. The Health Department shall inform the appropriate officials
in the community where the animal has been moved.
(3)
No dog which has been determined by the Health Department to be a
vicious dog and which has been removed from the City may be returned
to any place within the City at any time for any period of time.
(4)
Whenever the Health Department and the City Attorney deem it appropriate
to seek a court order to kill a dog under Wis. Stats., § 174.02,
they shall first obtain authorization to file such an action from
the Common Council.
C.
[2]Any person may petition the City Health Department to declare
a dog dangerous. Upon receipt of the sworn statement of any person
setting forth the nature and date of the act, the name and address
of the owner and a description of the dog, the agent of the Health
Department designated by the Health Department to handle Dangerous
Dog determinations or the City Code Enforcement Officer shall investigate
the matter and if he/she determines that the dog in question is a
dangerous dog as defined in these ordinances, he/she shall issue a
written order to the owner requiring the owner to comply with the
dangerous dog provisions of this ordinance or in the alternative remove
the dog from the City. Any owner who objects to the determination
of the Health Department agent or Code Enforcement Officer may appeal
the determination to the Public Health Administrator or the board
of Health. Any such appeal shall not stay the order. A citation alleging
a failure to comply with the order issued pursuant to this section
may be issued by any employee designated by the Health Department,
by any police officer or by the City Code Enforcement Officer.
[Amended 1-20-2015 by Ord. No. 2097]
D.
Any person may petition the City Health Department to declare a dog
to be a vicious dog. Upon receipt of the sworn statement of any person
setting for the nature and date of the acts, the name and address
of the owner and a description of the dog, the agent of the Health
Department designated by the Health Department to handle vicious dog
determinations of the City Code Enforcement Officer shall investigate
the matter and if he/she determines that the dog in question is a
vicious dog as defined in these ordinances, he/she shall issue a written
order to the owner requiring the owner to surrender the dog for impoundment
or immediately and permanently remove the dog from the City. Any owner
who objects to the determination of the Health Department agent or
Code Enforcement Officer may appeal the determination to the Public
Health Administrator or the board of health. Any such appeal shall
not stay the order. Any person violating an order issued under this
section shall be subject to a forfeiture of up to $1,000 for each
day of non-compliance with the order. A citation alleging a failure
to comply with the order issued pursuant to this section may be issued
by any employee designated by the Health Department, by any police
officer or by the City Code Enforcement Officer.
E.
No dog shall be declared to be a vicious dog if the injury or damage
was sustained by a person who, at the time, was teasing, tormenting,
abusing or assaulting the dog, or which the dog was protecting its
owner from attack by a human being. No dog shall be declared to be
a dangerous dog if the proof of dangerousness concerns an incident
where a person was teasing, tormenting, abusing or assaulting the
dog, or which the dog was protecting its owner from attack by a human
being.
F.
All owners of dangerous dogs shall, annually on or before December
31 of each year, register their dog at the City Health Department
and shall provide a current color photograph of the dog, shall provide
proof that the dog has an implanted ID chip and shall provide the
ID chip number and shall pay a registration fee in an amount established
by resolution of the Common Council. In the event the animal is removed
from South Milwaukee, the owner shall provide the Health Department
with the address where the animal is and the name of the person in
charge of the animal. The Health Department shall inform the appropriate
officials in the community where the animal has been moved.
[Amended 4-18-2017 by Ord. No. 2145; 6-27-2017 by Ord. No. 2153; 9-6-2022 by Ord. No. 2230]
H.
While on the owner's property, a dangerous dog must be securely confined
indoors or in a securely 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 must have a minimum dimension
of five feet by 10 feet and must have secure sides and a secure top.
If it has no bottom secured to the sides, the sides must be imbedded
into the ground no less than two feet. The enclosure must also provide
protection from the elements for the dog. An alternative option is
a six-foot privacy fence with self-closing and latching mechanism
on the gate with demonstration that the dog cannot exit the fenced-in
area under and or through the gate or by jumping over the fence; or
other mechanism for barrier approved by the Health Department.
[Amended 9-6-2022 by Ord. No. 2230]
I.
The owner or keeper of a dangerous dog shall display a sign on his
or her premises facing out from all sides of the premises warning
that there is a dangerous dog on the property. This sign must be visible
and capable of being read from a public highway or thoroughfare or
within 20 feet of its placement. In addition, the owner shall conspicuously
display a sign with a symbol warning children of the presence of a
dangerous dog.
J.
A dangerous dog may be off the owner's premises only if it is muzzled
and restrained by an approved lead or chain not exceeding three feet
in length and is under the control, by leash, of an adult, able-bodied
person. The muzzle must be made in a manner that will not cause injury
to the dog or interfere with its vision or respiration, but must prevent
it from biting any person or animal.
K.
It shall be the duty of such persons as from time to time may be
designated by resolution of the Common Council to apprehend any unlicensed
dogs. The South Milwaukee Police Department shall, whenever possible,
see that such dogs are transferred to the Milwaukee Area Domestic
Animal Control Facility (MADAC) at the earliest possible date where
the dogs may be taken care of and reclaimed by the owner under the
rules and regulations of said Animal Control Facility. When the dog
is impounded by the City before being transferred to MADAC, the owner
reclaiming the dog shall be required to pay an amount as established
by resolution of the Common Council to the City of South Milwaukee.
[Amended 4-5-2000 by Ord.
No. 1764]
L.
It shall be the duty of the South Milwaukee Police Department and such other persons as from time to time may be designated by resolution of the Common Council to apprehend any dangerous dogs running at large. Any dangerous dog found running at large shall be impounded and returned to its owner only upon proof of compliance with provisions of Subsections F, H, I, and J hereof.
[Amended 6-27-2017 by Ord. No. 2153]
M.
The owner of any dog previously determined to be dangerous found
off the owner or custodian's premises, without a muzzle and/or unleashed
and/or not in the control of an ablebodied adult, as required in this
ordinance, shall, upon conviction, be subject to a forfeiture of not
less than $500 and not more than $1,000.
N.
In any event, when a dog is impounded, the impounding authority shall
give notice to the owners of the impoundment and advise the owners
whether and under what circumstances the dog may be redeemed. The
owner of any animal impounded, confined or destroyed pursuant to the
terms of this ordinance shall be responsible for all costs of such
confinement, impoundment or destruction.
O.
Whenever any dog is determined to be a vicious dog, the owner or
person having custody of the dog shall, at the discretion of the Health
Department, either surrender the dog for impoundment or remove the
dog from the City of South Milwaukee. If the owner fails to surrender
the dog or to remove the dog as directed by the Health Department,
in addition to any other action which may be taken, the South Milwaukee
Police Department shall obtain a search warrant for the dog and upon
finding the dog shall impound the dog as directed by the Health Department.
[Amended 6-27-2017 by Ord. No. 2153]
P.
If the owner of a dog, and not a dog previously determined to be
a dangerous dog, negligently or otherwise permits the dog to run at
large or be untagged, the owner shall forfeit not less than $25 nor
more than $100 for the first offense and not less than $50 nor more
than $200 for subsequent offenses.
[Amended 6-27-2017 by Ord. No. 2153]
R.
Penalties. Any person violating or committing violation of provisions
of this ordinance for which no other specific penalty has been provided
shall, upon conviction, be assessed a forfeiture of not less than
$500 nor more than $1,000 for each day the violation continues.
S.
Orders issued by the Health Department under this section may be
served personally or by first class mail to the owner of keeper of
the dog at the premises where the dog is or was kept.
T.
The provisions of this ordinance regarding dangerous and vicious
dogs shall not apply to animals owned by law enforcement agencies
and used for law enforcement purposes.
U.
Any dog kept or maintained at any premise in the City in violation
of this ordinance is declared to be a public nuisance and the City
may prosecute an action against the premises or owner to abate the
nuisance in addition to any other remedy available.
[Amended 10-6-1992 by Ord. No. 1522]
Requirement. The owner of a dog or cat more than five months
of age on January 1 of any year or five months of age within the license
year shall annually, or on or before the date the dog or cat becomes
five months of age, pay the dog or cat license fee to the City Treasurer
and obtain a license. The fee shall be as established by the Common
Council by resolution.
A.
License required. A dog license is necessary for the keeping of any
dog over five months of age.
B.
Licenses. Upon payment of the required dog license tax, the collecting
official shall complete and issue to the owner a license for the dog
bearing a serial number and in the form prescribed by the department
stating the date of its expiration, the owner's name and address,
and the name, sex, spayed or unspayed, neutered or unneutered, breed
and color of the dog.
C.
Copies. The collecting official shall keep a duplicate copy of the
licenses on file and shall immediately send to the County Clerk, or
whatever agency the County Board may direct, a triplicate copy of
the license.
D.
Tag. After issuing the license, the collecting official shall deliver
to the owner a tag of durable material bearing the same serial number
as the license, the name of Milwaukee County and the license year.
E.
Tags to be attached. The owner shall securely attach the tag to a
collar, and a collar with the tag attached shall be kept on the dog
for which the license is issued at all times, but this requirement
does not apply to a show dog during competition, to a dog securely
confined indoors or to a dog securely confined in a fenced area.
F.
Duplicate tags. A new tag with a new number shall be furnished to
the owner by a collecting official in place of the original tag upon
presentation of the license. The collecting official shall then endorse
the new tag number on the license and shall keep a record in the file.
[Amended 4-21-1998 by Ord. No. 1705]
A.
It shall be unlawful for any person accompanying a dog to permit
the dog to defecate upon any private or public place without the consent
of the owner thereof unless the person accompanying the dog immediately
cleans up and removes the defecation to the owner's property.
[Amended 4-21-1998 by Ord. No. 1705]
[Added 6-7-1994 by Ord.
No. 1568]
A.
Animals running at large. An animal shall be deemed to be running
at large when it is permitted to run off of the premises of the owner
or keeper when it is not accompanied by a person having said animal
under control on a leash or by other means.
B.
Untagged animals. An animal is considered to be untagged if a valid
license tag is not attached to a collar which is kept on the animal
whenever the animal is outdoors unless the animal is securely confined
in a fenced area.
D.
It shall be the duty of every police officer and such other persons
as from time to time may be designated by resolution of the Common
Council to apprehend any unlicensed dogs, animals running at large,
or pursuing any vehicle or assaulting or attacking any person contrary
to the ordinances of the City of South Milwaukee. The Police Department
shall, whenever possible, see that such dogs are transferred to the
Milwaukee Area Domestic Animal Control Facility (MADAC), at the earliest
possible date, where the dogs may be taken care of and reclaimed by
the owner under the rules and regulations of said Animal Control Facility.
When the dog is impounded by the City before being transferred to
MADAC, the owner reclaiming the dog shall be required to pay an amount
as established by resolution of the Common Council to the City of
South Milwaukee.
[Amended 4-5-2000 by Ord.
No. 1764]
E.
If the owner or person having custody of an animal permits the animal
to run at large or to be untagged, the owner or the person having
custody of the animal shall forfeit not more than $100 for the first
offense and not more that $200 for subsequent offenses.
A.
Cruelty; abandonment.
(1)
No person shall cruelly beat, frighten, overburden or abuse any animal or bird, or use any device or chemical substance whereby pain, suffering or death may be caused, whether belonging to himself or another, except that restraining action pursuant to § 23.19 may be used in restraining vicious or trespassing animals.
(2)
No person shall abandon or transport any animal or bird in a cruel
manner.
B.
Food and water. No person owning or having custody of any animal
or bird shall neglect or fail to provide it with necessary nourishing
food at least once daily and provide a constant supply of clean water
to sustain the animal or bird in good health.
C.
Shelter.
(1)
No person shall fail to provide any animal or bird in his charge
with shelter from inclement weather to ensure the protection and comfort
of the animal or bird.
(2)
When sunlight is likely to cause overheating or discomfort to any
animal or bird, shade shall be provided by natural or artificial means
to allow protection from the direct rays of the sun.
(3)
Dogs and cats kept outdoors for more than one hour at a time must
be provided with moisture-proof and windproof shelter of a size which
allows the animal to turn around freely and to easily sit, stand and
lie in a normal position and to keep the animal clean, dry and comfortable.
Whenever the outdoor temperature is below 40° F., clean bedding
material shall be provided in such shelters for insulation and to
retain the body heat of the animal.
D.
Leashes. Chains, ropes or leashes shall be so placed or attached
that they cannot become entangled with another animal or object, and
shall be of sufficient length in proportion to the size of the animal
to allow the animal proper exercise and convenient access to food,
water and shelter. Such leash shall be located so not to allow such
animal to trespass on public property or private property belonging
to others, nor in such a manner as to cause harm or danger to persons
or other animals.
E.
Penalties. Any person violating any provision of this section or
any person who shall fail, omit, neglect or refuse to obey any order
issued pursuant to these sections shall, upon conviction, be subjected
to a forfeiture. Such forfeiture shall not be more than $200 for each
offense together with the costs of disbursements of prosecution. Upon
default or refusal to pay such forfeiture, such person shall be imprisoned
in the County Jail or House of Correction for not less than 10 days
nor more than 90 days.
F.
The provisions of this section shall not apply to action directed
by the Common Council in response to a threat posed by wild animals
to the wellbeing of residents of South Milwaukee. Action determined
by the Common Council to be the most reasonable course of action including
extermination of the wild animals within the community is not prohibited
by this ordinance.
[Added 2-24-2005 by Ord.
No. 1877]
[1]
Editor's Note: Former § 23.28, Animals to be vaccinated,
was repealed 5-15-2012 by Ord. No. 2048.
A.
GROOMING ESTABLISHMENT
KENNEL
PET SHOP
Definitions.
Any commercial establishment at which dogs, cats or other
animals are bathed, groomed, clipped, trimmed or shorn or other such
treatment is administered, and where no animals are kept or maintained
on the premises overnight.
Any commercial establishment where more than two cats, dogs
or other animals not prohibited by any other provision of the Municipal
Code of the City of South Milwaukee may be kept for boarding, breeding,
sale or sporting purposes.
Any commercial establishment wherein animals or birds are
kept or maintained for and prior to sale. This definition does not
include establishments which are keeping or maintaining for sale only
fish or other aquatic or nonmammalian amphibious species.
B.
Permit required. The Public Health Administrator or designee may
issue a pet shop, kennel or grooming establishment permit upon submission
of a completed application, payment of a fee in an amount establishments
by resolution of the Common Council and inspection of the premises.
The permit year commences on January 1 and ends on December 31.
[Amended 4-5-2000 by Ord.
No. 1764; by Ord. No. 1967]
C.
Conditioning for issuing and maintaining permit. Upon application
for issuance or renewal of a pet shop, kennel or grooming establishment
permit, an inspection shall be made to determine compliance with the
following:
(1)
All animals shall be maintained in a healthy condition or, if ill,
shall be given appropriate treatment immediately.
(2)
The quarters in which the animals are kept shall be maintained in
a clean condition and good state of repair.
(3)
Animal pens or enclosures shall be large enough to provide freedom
of movement to the animals contained therein.
(4)
Food supplies shall be stored in rodent-proof containers. Food and
water containers shall be kept clean.
(5)
Litter and/or bedding material shall be changed as often as necessary
to prevent odor or nuisance.
(6)
Feces shall be removed daily from yards, pens and enclosures, and
shall be wrapped and stored in tightly covered metal containers until
final disposal. Exception may be made for feces which are properly
composted in a manner which creates no vermin, odor or aesthetic nuisance.
(7)
Yards, pens, premises and animals shall be kept free of insect infestations.
(8)
No nuisance caused by odor, noise or animals running at large shall
be permitted.
(9)
Provide ventilation of foul air with exhaust fan.
(10)
No pet shop, kennel or grooming establishment shall be located
in any building wherein food products are stored or prepared unless
a minimum distance of 50 feet is maintained between such facilities
and food storage, preparation of service area or areas. For purposes
of this section, self-closing door shall constitute adequate separation.
(11)
The maximum number of animals to be kept at the facility shall
be determined and this number shall be recorded on the permit if and
when issued.
D.
Revocation of permit. The Public Health Administrator or other person
designated by the Board of Health may revoke a pet shop, kennel or
grooming establishment permit for serious and/or repeated noncompliance
with the provisions of this section. Appeal of revocation shall be
made in writing to the Board of Health and execution of the revocation
shall be stayed pending action by the Board of Health.
[Amended 4-5-2000 by Ord.
No. 1764]
A.
Purpose. The Common Council recognized that smoking of cigarettes
and tobacco products is hazardous to an individual's health and may
affect the health of nonsmokers/smokers when they are involuntarily
in the presence of smoking. Reliable scientific studies assessed by
credible health officials have found that secondhand tobacco smoke
is a significant health hazard for children, elderly people, and individuals
with cardiovascular disease or impaired respiratory function. Air
pollution caused by smoking is an offensive annoyance and irritant.
Smoking results in serious and significant physical discomfort to
nonsmokers. The purported health benefits from electronic smoking
devices (commonly known as e-cigarettes, e-pipes and several other
trade and brand names) have not been scientifically proven, and use
of these devices has not been proven safe, either for their users
or for bystanders. Research indicates electronic smoking devices may
lead youth to try other tobacco products. In addition, research indicates
that youth who use electronic smoking devices are more likely to use
tobacco products, including cigarettes, than those youth who do not
use electronic smoking devices. Adopting this ordinance will promote
the health, safety, comfort and general welfare of the people of the
City of South Milwaukee, and especially the health interest of nonsmokers,
who constitute a majority of the population of the City.
B.
ASSISTED LIVING FACILITY
DAY CARE CENTER
EMPLOYMENT
ENCLOSED INDOOR AREA
PERSON IN CHARGE
PLACE OF EMPLOYMENT
PRIVATE CLUB
PUBLIC PLACE
RESTAURANT
RETAIL ESTABLISHMENT
SMOKING
SPORTS ARENA
TAVERN
TOBACCO PRODUCT
Definitions. The following words, terms and phrases, when used in
this article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
A community-based residential facility, as defined in Wis.
Stats., § 50.01(1g), a residential care apartment complex,
as defined in Wis. Stats., § 50.01(1d), or an adult family
home, as defined in Wis. Stats., § 50.01(1)(b).
A facility operated by a child care provider that provides
care and supervision for four or more children under seven years of
age for less than 24 hours a day [Wis. Stats., § 49.136(1)(d)].
Any trade, occupation or process of manufacture or any method
of carrying on such trade, occupation, or process of manufacture in
which any person may be engaged.
All space between a floor and a ceiling that is bounded by
walls, doors, or windows, whether open or closed, covering more than
50% of the combined surface area of the vertical planes constituting
the perimeter of the area. A wall includes any retractable divider,
garage door, or other physical barrier, whether temporary or permanent.
A 0.011 gauge screen with an 18 by 16 mesh count is not a wall.
The person who ultimately controls, governs or directs the
activities aboard a public conveyance or within or at a place where
smoking is regulated under this section, regardless of the person's
status as owner or lessee.
Any enclosed indoor area that employees normally frequent
during the course of employment, including an office, a work area,
an elevator, an employee lounge, a restroom, a conference room, a
meeting room, a classroom, a hallway, a stairway, a lobby, a common
area, a vehicle, or an employee cafeteria.
A facility used by an organization that limits its membership
and is organized for a recreational, fraternal, social, patriotic,
political, benevolent, or athletic purpose.
Any enclosed indoor area that is open to the public, regardless
of whether a fee is charged or a place to which the public has lawful
access or may be invited.
An establishment defined in Wis. Stats., § 254.61(5).
Any store or shop in which retail sales is the principal
business conducted.
Inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, or pipe, or any other lighted or heated tobacco
or plant product intended for inhalation, including hookahs and marijuana,
whether natural or synthetic, in any manner or in any form.
|
a.
|
Smoking also includes the use of an electronic smoking device
which creates an aerosol or vapor, in any manner or in any form, or
the use of any oral smoking device for the purpose of circumventing
the prohibition of smoking as outlined in this Code.
| |
|
b.
|
Electronic delivery device means any product containing or delivering
nicotine or any other similar substance intended for human consumption
that can be used by a person to simulate smoking through inhalation
of vapor or aerosol from the product.
| |
|
c.
|
Electronic delivery device includes any component part of such
product whether or not sold separately. Electronic delivery device
shall include any such device, whether manufactured, distributed,
marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or
vape pen, or under any other product name or descriptor.
|
Any stadium, pavilion, gymnasium, swimming pool, skating
rink, bowling center, or other building where spectator sporting events
are held.
Any establishment, other than a restaurant, that holds a
"Class B" intoxicating liquor license or Class "B" fermented malt
beverages license.
Any form of tobacco prepared in a manner suitable for smoking
but not including a cigarette.
C.
Prohibition against smoking.
(1)
Except as other wise provided, no person may smoke in any of the
following spaces:
(a)
Any enclosed space of a public place or place of employment,
including the common areas of a multi-unit dwelling.
(b)
Areas in City parks as posted and so designated by the Street
Department including the athletic field/bleachers and dugouts, playground
and swing set areas, and park restrooms.
(c)
Sports arenas.
(d)
Within the outdoor premises of a day care center when children
who are receiving a day care services are present.
(e)
City-owned or leased motor vehicles and equipment.
(f)
Public forms of transportation, including, but not limited to,
motor buses, taxicabs, or other public passenger vehicles.
(g)
Milwaukee County facilities which have been designated by Milwaukee
County authorities by ordinance and posting to be areas where smoking
is prohibited.
(2)
The prohibition of smoking under Subsection C(1) does not apply to any of the following places:
(a)
A private residence.
(b)
A room used by only one person in an assisted living facility
as his or her residence.
(c)
A room in an assisted living facility in which two or more people
reside if every person who lives in that room smokes and each of those
people has made a written request to the person in charge of the assisted
living facility to be placed in a room where smoking is allowed.
(d)
Designated outdoor areas of municipal buildings.
(3)
Statute adopted. Except as expressly altered by this section, the
provisions of §§ 101.123, 134.66, and 254.92, Wis.
Stats., are hereby adopted and incorporated herein.
(4)
Use of electronic smoking devices on school grounds. No person shall
use an electronic smoking device on school grounds or in school buildings.
D.
Responsibility of person in charge. No person in charge may allow
any person to smoke in violation of the provisions herein outlined
at a location that is under the control or direction of the person
in charge.
(1)
A person in charge may not provide matches, ashtrays, or other equipment
for smoking at the location where smoking is prohibited.
(2)
A Person in charge shall make reasonable effort to prohibit persons
from smoking at a location where smoking is prohibited by doing all
of the following:
(a)
Posting signs setting forth the prohibition and providing other
appropriate notification and information concerning the prohibition.
(b)
Refusing to serve a person, if the person is smoking in a restaurant,
tavern, or private club.
(c)
Asking a person who is smoking to refrain from smoking and,
if the person refuses to do so, asking the person to leave the location.
(3)
If a person refuses to leave a location after being requested to do so as provided in Subsection D(2)(c), the person in charge shall immediately notify an appropriate law enforcement agency of the violation.
(4)
The person in charge of a restaurant, tavern, private club, or retail
establishment may designate an outside area that is a reasonable distance
from any entrance to the restaurant, tavern, private club, or retail
establishment where customers, employees, or persons associated with
the restaurant, tavern, private club, or retail establishment may
smoke.
E.
Signs.
(1)
No smoking signs shall include the plainly visible "No Smoking" symbol,
consisting of a burning cigarette enclosed in a red circle with a
red bar across the cigarette.
(2)
Each sign and the language contained there in shall be clearly visible
from a distance of at least 10 feet and meet the uniform dimensional
requirement specified by the Wisconsin Department of Commerce in accordance
with Wis. Stats., § 101.123(6).
F.
Smoking receptacles. Cigarette waste must be deposed of in a non-combustible
container meeting the requirements of a third-party testing agency
such as Underwriters' Laboratories (UL), Factory Mutual (FM), or the
American Society for Testing and Materials (ASTM). All taverns and
restaurants adjacent to City sidewalks will be required to provide
at least one suitable smoking receptacle.
G.
Enforcement.
(1)
This Ordinance shall be enforced by the Health Department, Building
Inspector, and Police Department or an authorized designee.
(2)
Notice of the provisions of this Ordinance shall be given in writing
to all applicants for a business license in the City of South Milwaukee.
(3)
Any citizen who desires to register a complaint under this Ordinance
may initiate enforcement with the Health Department or the Police
Department.
(4)
The Health Department, Police Department, Fire Department, or their
designees shall, while an establishment is undergoing otherwise mandated
inspections, inspect for compliance with this Ordinance.
(5)
If an owner, manager, operator, or employee of an establishment subject
to this Ordinance observes a person violating the Ordinance, he or
she shall immediately direct the person in violation to stop smoking.
If the person violating the Ordinance does not stop-smoking, the owner,
manager, operator, or employee shall make reasonable efforts to prevent
smoking in prohibited areas by:
(6)
In addition to the remedies provided by the provisions of this Section,
the Health Department, the Police Department or any person aggrieved
by the failure of the owner, operator, manager, or other person in
control of a public place or a place of employment to comply with
the provisions of this Ordinance may apply for injunctive relief to
enforce those provisions in any court of competent jurisdiction.
H.
Clean indoor air.
(1)
Intent and construction. The City of South Milwaukee finds that it
is in the interest of the health, safety and welfare of the community
to adopt by reference Wis. Stats., § 101.123, and subsequent
amendments, additions and recodifications.
(2)
Penalty. The penalties provided by Wis. Stats., § 101.123,
shall be in addition to the penalties provided for violation of this
ordinance when a person has violated both laws. In addition to the
penalties provided by this ordinance and Wis. Stats., § 101.123,
any City employee who violates any provision of this ordinance or
Wis. Stats., § 101.123, may also be subject to progressive
discipline by his or her employer.
I.
Violation and penalties.
(1)
Any person who violates provisions herein by smoking in a prohibited
place shall be subject to a forfeiture of not less than $100 nor more
than $250 for each violation.
(2)
Any person in charge who violates provisions herein shall be subject
to a forfeiture of $100 for each violation if the person in charge
has not been previously warned about the provisions of this ordinance.
(a)
For violations subject to the forfeiture, if the person in charge
has not previously received a warning notice for a violation of this
ordinance, the law enforcement officer shall issue the person in charge
a warning notice and not issue a citation.
(b)
No person in charge may be required under this ordinance, to
forfeit more than $100 in total for all violations of this ordinance,
occurring on a single day.
A.
OPEN HOUSE SIGN
RUMMAGE SALE
Definitions.
A sign advertising an open house, in connection with a house
which is on the market and available for sale.
The sale of used household goods from a residential premise.
B.
No person shall place any rummage sale or open house sign in the
public right of way at any time. In addition, open house signs and
rummage sale signs shall not exceed four square feet in sign display
area and shall not exceed a seven day display period, and shall be
removed within 24 hours following the conclusion of the sale.
C.
Signs attached to or painted on a vehicle parked in the public right-of-way
for the sole purpose of advertising or relaying commercial messages
to the public are prohibited.
D.
Except as herein provided, no person shall place any type of sign
in the public right-of-way without first obtaining a permit for the
sign pursuant to Wis. Stats., § 66.0425.
E.
Notwithstanding any other provisions of this chapter, the following
signs are permitted if they meet the standards specified in the subsection:
(1)
Placed by public utilities or units of government for the safety
or welfare of the public, such as signs identifying high voltage underground
cable or signs related to the construction of capital improvement
projects by units of government.
(2)
Official fire-related or police-related signs or signs required to
be maintained by law or governmental order, such as warning signs,
traffic signs, parking signs or similar regulatory signs or warning
signs at a railroad crossing.
(3)
Public service information signs with no commercial messages authorized
by a governmental entity.
F.
City Alderman are hereby authorized to remove any signs found in
the public right-of-way in violation of this ordinance.
[Amended 12-3-2003 by Ord. No. 1852]
The following activities in those areas of the City of south
Milwaukee which in the City's downtown shopping area, defined for
these purposes as Milwaukee Avenue from 9th Avenue to 13th Avenue
and 10th Avenue from Rawson Avenue to Marquette Avenue, are prohibited:
A.
Rummage sales and garage sales;
B.
Sales of used furniture, clothing and personal equipment from an
outdoor venue or one which is not regularly open for business as a
permitted second-hand store.
C.
Sidewalk sales adjacent to a business except where sale is of items
regularly sold within the business building and such sale is permitted
by the occupancy permit.
D.
This ordinance shall be enforced by the Police Department personnel.
[Added 3-16-1993 by Ord.
No. 1532]
It is the duty of every owner of improved real property to take
all reasonable steps to ensure that storm and swimming pool water
collected on such owner's real property is discharged upon the collector's
own property or to a storm sewer. This ordinance shall not be construed
to impose any obligation to restrict the natural flow of water over
the land, but rather, should be construed to require all owners of
improved real property to take reasonable steps to ensure that downspouts,
sump hoses and pool drains on their property do not create a water
nuisance for their neighbors.
[1]
Editor's Note: Former § 23.34, Animal fancier permit,
was repealed by Ord. No. 1967.
[Amended 5-20-1997 by Ord. No. 1670]
There exist in the City of South Milwaukee buildings, structures,
yards, open areas, parking areas, sidewalks, fences and retaining
walls hazardous to the inhabitants of the hazardous property, the
adjoining property and to the general public; and there exist in the
City of South Milwaukee buildings, structures, yards, open areas,
parking areas, sidewalks, fences and retaining walls whose appearance,
while not hazardous, constitute an unreasonable blight to the immediately
surrounding area. To remedy these existing conditions and prevent
the occurrence of like conditions in the future, this code is enacted.
[Amended 5-20-1997 by Ord. No. 1670]
No person, firm or corporation shall allow or permit any building,
whether dwelling, non-dwelling or accessory, on their property to
deteriorate or remain in a condition that is not in accord with the
following provisions of this section:
A.
Exterior walls and foundations.
(1)
Every exterior wall shall be free of holes, breaks, loose or rotting
boards or timber and any conditions which might admit rain or dampness
to the interior portions of the walls, or to the occupied spaces of
the buildings.
(2)
Every foundation and exterior wall shall be weather-tight, rodent-proof,
insect-proof, and reasonably watertight, and shall be kept in a reasonably
good state of maintenance and repair. The foundation elements shall
adequately support the building at all points.
(3)
It shall be the duty of the owner or occupant of each lot, parcel
of land, dwelling, commercial or manufacturing building to keep and
maintain the same in such a manner as to aid in the control of harborage
or breeding of rodents. Openings to buildings, foundations and other
structures shall be closed to prevent entry of rodents.
[Added 7-17-2001 by Ord.
No. 1802]
B.
Roof and drainage.
(1)
All roofs shall be maintained so as to not leak, and all water shall
be so drained and conveyed therefrom so as to not cause damage to
the exterior walls, eaves, soffits or foundations.
(2)
Gutters and downspouts, when provided, shall be adequately secured,
kept free of obstruction and in a reasonable state of repair.
C.
Porches, railings, stairways, decks and patios. Every outside stair,
every porch, deck patio and every appurtenance attached thereto shall
be so constructed as to be safe to use and capable of supporting the
loads to which it is subjected as required by the Building Code and
shall be kept in sound condition and good repair.
D.
Doors, windows and basement hatchways.
(1)
Every window, exterior door and basement hatchway shall be substantially
tight and shall be kept in sound condition and repair. Every window
sash shall be fully supplied with glass window panes or an approved
substitute which are without open cracks or holes. Every window sash
shall be in good condition and fit reasonably tight within its frame.
Approved substitutes are those which conform to the Building Code.
(2)
Every exterior door, door hinge and door latch shall be maintained
in good condition. Exterior doors, when closed, shall fit reasonably
well within its frame.
(3)
Paint and other preservatives. If paint or other preservatives have
been applied to an exterior surface, it shall be repainted, resurfaced
or otherwise treated in a workmanlike manner when its condition constitutes
a present danger of structural deterioration.
[Amended 5-20-1997 by Ord. No. 1670; 4-5-2000 by Ord. No. 1765]
A.
No person, firm or corporation shall allow or permit their fences
and/or retaining walls to deteriorate or remain in a condition that
is not in accordance with the following provisions of this section.
All fences and retaining walls constructed, reconstructed, or repaired
after January 1, 2000, shall conform to the provisions of this section.
B.
Fences.
(1)
All fences shall be properly maintained in a vertical position and
kept in good repair or shall be removed. If paint or other preservatives
have been applied to the exterior surface, it shall be repainted,
resurfaced, or otherwise treated in a workmanlike manner when its
condition constitutes a present danger to adjoining property or to
any person, or constitutes an unreasonable blight to the immediately
surrounding area, as determined by the City Engineer or Building Inspector.
(2)
Fences shall not be constructed or supported with railroad ties,
plywood, logs, pipes, metal, fiberglass, or other materials not specifically
manufactured to be used as fence. Barbed fences, razor fences, and
corrugated steel fencing are not permitted in residential, commercial,
or business districts.
(3)
Fences shall be constructed of chain link (cyclone), split rail,
wood planking, pvc, or other materials specifically manufactured for
use as a fence or approved by the building Inspector.
(4)
Fences shall not be constructed in a manner that interferes with
surface drainage along an adjoining lot line.
(5)
Tarps, plywood, or other materials shall not be connected to any
fence for screening or other purposes.
(6)
Structural members supporting the fence shall be on the interior
side.
(7)
Snow fence, construction fence, or other temporary fences are only
permitted with written approval of City Engineer or Building Inspector.
C.
Retaining walls.
(1)
Retaining walls, when present, shall be structurally sound, properly
maintained, and kept in good repair. No retaining wall shall be constructed
or maintained in such a manner as to allow repeated flow of mud, gravel
or debris upon any public sidewalk, street, alley or adjoining property.
Retaining walls shall be repaired or reconstructed which are leaning,
broken, rotten, or otherwise determined by the Building Inspector
or City Engineer to have an unreasonable blight on the immediately
surrounding area.
(2)
Retaining walls shall not be constructed or supported in any manner
with railroad ties, plywood, logs, pipes, metal, fiberglass, or other
materials not specifically manufactured for use as a retaining wall.
(3)
Retaining walls shall be constructed of textured concrete block,
natural stone, manufactured stone block specifically designed for
retaining walls, or pressure treated landscape timbers, having a minimum
preservation retention level (PRL) of 0.40. Poured concrete walls
shall only be permitted with review and approval of the City Engineer.
(4)
Retaining walls shall be constructed 12 inches minimum from an adjoining
lot line to prevent interference with drainage unless otherwise approved
by City Engineer.
(5)
Retaining walls exceeding three feet in height above the adjacent
grade shall be professionally designed and submitted for review and
approval of the City Engineer.
(6)
Retaining walls shall be constructed with an adequate foundation
of crushed stone or concrete to support the walls and stone backfill
to allow for drainage.
(7)
Structural members supporting a wall shall be on the interior (fill)
side of the wall.
[Amended 5-20-1997 by Ord. No. 1670]
A.
No person, firm or corporation shall allow or permit the exterior
property of their real estate to deteriorate or remain in a condition
that is not in accord with the following provisions of this section.
B.
All exterior property areas shall be kept in a clean and sanitary
condition; free from any accumulation of combustible or noncombustible
material, debris and refuse. Debris and refuse shall include but not
be limited to broken concrete, bricks, blocks or other mineral matter;
bottles, porcelain and other glass or crockery; boxes; lumber (new
or used), posts, logs, sticks, or other wood; tree branches, brush,
yard trimmings, grass clippings and other residues; paper rags, animal
waste, cardboard, excelsior, rubber, plastic, wire, tin and metal
items; discarded household goods or appliances, junk lawn mowers,
tar paper, residues from burning or any similar materials which constitute
health, fire or safety hazards or an unreasonable blighting influence
upon the neighborhood or the City in general. No rubbish, building
materials or material of any kind shall be permitted to be stored
so as to afford a harborage or breeding place of rodents. The provisions
of this section shall not apply to materials stored in conjunction
with any mercantile, manufacturing or normal residential use, which
provide no rodent harborage and meet applicable fire and zoning restrictions.
[Amended 7-17-2001 by Ord. No. 1802]
C.
Sidewalks, walks, drives and other concrete, asphalt, bricked, graveled,
stoned or similarly treated areas shall be kept in sound condition
and good repair. Conditions resulting in dust, dirt, loose stones
or other aggregate being repeatedly deposited upon the immediate adjacent
public or private property shall be corrected.
D.
Lawn areas, where provided, shall be maintained. The growth of grass
or weeds in excess of six inches in height not constituting a garden
shall be considered a violation of the maintenance provisions of this
section. A garden is a limited area devoted to flower, vegetable or
fruit plants or bushes.
E.
Areas in a natural state shall be kept free of deceased or fallen
trees, branches, brush, debris and noxious weeds.
F.
Whenever erosion of the soil repeatedly causes the same to spill
over onto the sidewalk, street, alley or adjoining property, the condition
shall be corrected by the construction of a suitable retaining wall,
grading or sodding and/or the planting of grass or other suitable
ground cover.
G.
Those unpaved public areas abutting private property between the curb and lot line shall be maintained by the abutting property owner as a lawn area. (See § 21.203B.) Any person who feels aggrieved by this subsection shall have the right of appeal following the procedure in § 23.42. The Board of Appeals is authorized to grant a variance of this subsection if in the Board's discretion the physical conditions of the property make compliance with this subsection unreasonable. When the unpaved portion between the lot line and curb has been disturbed due to a public improvement, such lawn area and trees, if any, shall be maintained by such property owner following completion of the final grading by the contractor of said improvement. On those streets in which curbs do not exist, the area which shall be maintained as provided for in this subsection shall be the unpaved public area between the lot line and the shoulder of the roadway.
H.
Planting of grass. Every person shall plant and maintain adequate
grass vegetation to control the erosion of soil to adjoining properties
from rainfall within one year after occupancy of a building, on all
lands he shall own, occupy or control including the parkway upon which
lands abut.
I.
All firewood shall be stored at least 12 inches above ground in a
fashion designed to prevent the harborage of rodents.
[Added 7-17-2001 by Ord.
No. 1802]
[Amended 5-20-1997 by Ord. No. 1670]
A.
Whenever the Public Health Administrator or Board of Health designee,
Building Inspector and/or Fire Department, upon inspection of any
vacated building within the City of South Milwaukee, finds that the
building is in danger of vandalism and/or dilapidation by the weather
elements, the Building Inspector shall order the owner thereof to
make the building secure against vandalism and/or dilapidation in
a workmanlike manner.
[Amended 4-5-2000 by Ord.
No. 1764]
B.
If the owner of a vacated building fails to comply with the provisions
of this chapter, the City may proceed to make the building secure
against vandalism and/or dilapidation by the weather elements, and
charge the cost thereof to the owner.
C.
No vacated building for which the owner has been given an order for
compliance with this Chapter may be occupied before any Occupancy
Permit has been issued by the Building Inspector. Such Occupancy Permit
may be issued only upon compliance with all orders and requirements
of the City, the payment of required permit fees, the costs of reinspection
and any expenses incurred by the City in the enforcement of this chapter.
D.
Whenever grass or lawn weeds on vacant properties or unoccupied premises
are six inches or more in height within the City of South Milwaukee,
the City is empowered to cause such grass or lawn weeds to be cut
and the cost therefore shall be placed on the tax rolls as a special
charge against the property.
A.
Whenever the Public Health Administrator or Board of Health designee,
Building Inspector, and/or Fire Department shall, upon inspection
of any premises within the City, find that conditions of the premises
constitute a violation of this Code, the Health Code or Fire Code,
the Public Health Administrator or Board of Health designee, Building
Inspector and/or Fire Department shall order the owner and/or occupant
of the premises to correct said conditions and/or to remove therefrom
and dispose of any unsafe, unsanitary, hazardous and unsightly articles
or material. Enforcement of the provisions of this Property Maintenance
Code shall be primarily the responsibility of the Building Inspector.
[Amended 5-20-1997 by Ord. No. 1670; 4-5-2000 by Ord. No. 1764; 10-17-2000 by Ord. No. 1782]
B.
Orders to cut grass to comply with the provisions of § 23.38D may be issued by the Building Inspector or the Weed Commissioner or their designees. Any order to cut grass shall require that the grass be mown within five days of the date of the order.
[Added 10-17-2000 by Ord.
No. 1782]
C.
In the event any owner of lands fails to mow a lawn area as required
by an order issued under this section, the City may proceed to mow
the area and shall charge the owner the cost of such mowing at the
hourly rate as determined by the Common Council by resolution. Any
charge which is made under this section and remains unpaid as of November
1 of each year shall be placed assessed against the property and placed
on the tax roll as a special assessment to be collected pursuant to
Ch. 74 Wis. Stats.
[Added 10-17-2000 by Ord.
No. 1782]
[Amended 5-20-1997 by Ord. No. 1670]
A.
Whenever the one of the Authorized Employees (as defined below) determines
that there has been a violation, or that there are reasonable grounds
to believe that there has been a violation or any provision of this
article or of any rule or regulation adopted pursuant thereto, he
shall give notice of such violation or allegation to the person or
persons responsible therefore. Such notice shall:
(1)
Be put in writing;
(2)
Include a description of the real estate sufficient for identification;
(3)
Include a statement of the reason or reasons why it is being issued;
(4)
Specify a reasonable time for the performance of any act it requires;
(5)
The order shall be served on the owner and/or occupant of the premises
found unsafe, unsanitary, hazardous and/or unsightly by first class
mail. The order may contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this article
and with the rules and regulations adopted pursuant thereto.
[Amended 8-7-2001 by Ord.
No. 1803]
B.
The order shall also provide that if the owner and/or occupant is
aggrieved by the order of the Authorized Employee, he/she may appeal
to the Board of Appeals and request a hearing as hereinafter provided.
[Amended 8-7-2001 by Ord.
No. 1803]
C.
The employees of the City authorized to issue orders requiring correction
of conditions specified in this chapter, herein referred to as "Authorized
Employees" are the following:
[Amended 5-20-1997 by Ord. No. 1670]
A.
If the owner and/or occupant feels aggrieved by an order issued pursuant to § 23.41 of this chapter, the owner may file a letter of appeal with the Board of Appeals upon payment of the appeal fee established by resolution of the Common Council within five days after service of the order upon him. In the letter of appeal, the owner and/or occupant shall state the reasons why he is appealing the order and shall request the Board to provide him a hearing date.
[Amended 4-21-1998 by Ord. No. 1705]
B.
The Board of Appeals shall conduct a hearing in connection therewith
within 20 days after request for an appeal is submitted and shall
notify the applicant, Public Health Administrative Assistant, Building
Inspector and/or Fire Department and any other persons interested
in the matter to be present. The Board of Appeals is empowered to
grant variances where compliance with this code would not be reasonable
and where the condition which is the subject of the order is not a
hazardous, unsafe or unsanitary condition. The Board of Appeals is
further authorized to grant additional time for compliance as well
as to modify or retract any orders the Board finds unreasonable.
C.
After the hearing, the Board of Appeals shall submit its findings
and order within five days thereafter and serve copies on all persons
who appeared at the hearing.
[Amended 5-20-1997 by Ord. No. 1670; 4-5-2000 by Ord. No. 1764; 8-7-2001 by Ord. No. 1803]
Whenever an Authorized Employee, acting in the enforcement of
this Property Maintenance Code, the Fire Code or the Health Code,
find that an emergency exists which requires immediate action to protect
the public health, he/she may, without notice of hearing, issue an
order reciting the existence of such an emergency and requiring that
such action be taken as he/she deems necessary to meet such emergency.
Notwithstanding other provisions of this code, such order shall be
effective immediately. Any person to whom such order is directed shall
comply therewith, and after compliance, upon petition to the Board
of Appeals, shall be afforded a hearing as prescribed in this Code.
[Amended 5-20-1997 by Ord. No. 1670; 8-7-2001 by Ord. No. 1803]
Upon failure to timely comply with an order issued by an Authorized
Employee, or the Board of Appeals, which requires that any building,
premise, structure or property be cleaned or repaired, or conditioned
abated or improved in accordance with this chapter, in cases of hardship
due to indigence, or absence of the responsible party, the Authorized
Employee may cause such cleaning, repair, abatement or removal of
the offending structure or substance upon approval by the Common Council.
Such approval shall not exceed 5% of the equalized improved value.
Such cleaning, repair or removal shall be deemed as special benefit
to such premises and the costs for the same shall be charged against
the owners of the property. If the costs of the same are not paid
within 60 days, it shall be levied as a special charge against the
premises as authorized by § 66.60(16), Wis. Stats.
[Amended 5-20-1997 by Ord. No. 1670; 8-7-2001 by Ord. No. 1803]
Any person, firm or corporation who fails to comply with the
order of an Authorized Employee and/or the Board of Appeals, if an
appeal is taken, shall be subject to a forfeiture of not less than
$10 and not more than $200 per day for each day the condition ordered
corrected continues uncorrected after the expiration of the time period
stated in the order, together with the costs of the action.
[Amended 2-2-2016 by Ord.
No. 2120]
A.
Findings. The common Council finds that any premises that has generated
three or more calls for City service for nuisance activities within
a one-hundred-twenty-day period of time has received more than the
level of general and adequate City service and has placed an undue
and inappropriate burden on the taxpayers of the City. The Common
Council therefore directs the Chief of Police, Fire Chief, health
Department Administrator, City Engineer, Building Inspector and Street
Department Superintendent or their designee, whichever may be applicable,
to report the circumstances of such properties and activities to the
Common Council after forwarding to the owners of the involved properties
notice of assessment pursuant to this ordinance.
B.
Definitions. For purposes of this section a "nuisance activity" means
any of the following activities, behaviors or conduct whenever engaged
in by premises owners, operators, occupants or persons associated
with a premises:
(1)
Violations of the following provisions of Wisconsin Statutes or the
local ordinance adopting them:
|
Disorderly conduct
|
§ 947.01
| |
|
Unlawful use of telephone
|
§ 947.012
| |
|
Unlawful use, of computerized communication systems
|
§ 947.0125
| |
|
Harassment
|
§ 947.013
| |
|
Physical abuse of a child
|
§ 948.03
| |
|
Possession of a controlled substance contrary to Ch. 961
|
Ch. 961
| |
|
Battery
|
§ 940.19
| |
|
Lewd and lascivious behavior
|
§ 944.20(1)(b)
| |
|
Keeping a place of prostitution or leasing a building for prostitution
purpose
|
§ 944.34
| |
|
Theft
|
§ 943.20
| |
|
Gambling
|
§ 945.02
|
(2)
Violations of the following provisions of the municipal code or ordinances:
|
23.01
|
Riot-disorderly Assemblage
| ||
|
23.04
|
Discharge of Firearms Prohibited
| ||
|
23.07
|
Rubbish Accumulation Prohibited
| ||
|
23.11
|
Limiting the Number of Dogs and Cats
| ||
|
23.15
|
Vehicular parking and Junk Automobiles
| ||
|
23.16
|
Loitering of Minors
| ||
|
23.16.1
|
Child Sex Offender Residing within 1,000 Feet of Schools, Daycare
Centers, Parks and Other Specified Facilities and Child Safety
| ||
|
23.20
|
Regulating Dangerous and Vicious Dogs
| ||
|
23.24
|
Animal Waste
| ||
|
23.25
|
Annoying Dogs
| ||
|
23.26
|
Animals Running at Large and Untagged
| ||
|
23.27
|
Cruelty to Animals
| ||
|
23.32
|
Prohibited Rummage Sales
| ||
|
23.33
|
Storm and Swimming Pool Water Discharge
| ||
|
23.36
|
Building Requirements
| ||
|
23.37
|
Fence and/or Retaining Wall Requirements
| ||
|
23.38
|
Exterior Property Requirements
| ||
|
23.39
|
Vacant, abandoned or Undeveloped Land Requirements
| ||
|
23.44
|
Failure to Comply
| ||
|
23.46
|
Boat Parking On Public Streets and Property
| ||
|
24.05
|
Regulating Shooting or Discharging Bows and Cross Bows and other
Projectile Throwing
| ||
|
24.06
|
Consumption or Possession of Intoxicants on Streets
| ||
|
24.07
|
Littering
| ||
|
24.09
|
Unnecessary Noise
| ||
|
24.11
|
Discrimination in Sale, Lease, Rental or Financing of Housing
| ||
|
24.12
|
Compulsory School Attendance and Contributing to Truancy
| ||
|
24.18
|
Contributing to the Delinquency of Minors
| ||
|
24.23
|
Prohibiting Juvenile Beer and Alcohol Parties
| ||
|
24.25
|
Unlawful Use of the 911 Emergency Telephone System
| ||
|
24.27
|
Drug Paraphernalia
| ||
|
24.29
|
Habitual Truancy
| ||
|
24.33
|
Regulate Exotic Pet Animals
| ||
|
24.34
|
Prohibiting Possession of Synthetic Cannabinoids
| ||
|
26.11
|
Separation of Recyclable Materials
| ||
|
26.13
|
Care of Separated recyclable Materials
| ||
|
26.14
|
Recyclable Materials to be Deposited in carts Provided by the
City
| ||
|
26.18
|
Responsibilities of Owners or Designated Agents of Multiple-Family
Dwellings
| ||
|
26.19
|
Prohibitions on Disposal of Recyclable Materials Separated for
Recycling
| ||
|
26.20
|
Garbage and Refuse Disposal
| ||
|
27.15
|
Miscellaneous Use Provisions
| ||
|
1.
|
Careless Smoking Prohibited
| ||
|
2.
|
Fireworks
| ||
|
3.
|
High-Piled Combustible Storage
| ||
|
4.
|
Open Burning
| ||
(3)
As used in this ordinance a "call for service" means a request for
service to the owner's property initiated by a phone call or other
means of communication or initiated by a City employee in the performance
of his/her assigned duties and/or a necessary follow-up to the premises
by a City employee acting in response to a previous visit to the premises.
C.
Procedure.
(1)
Whenever the Chief of Police, Fire Chief, Health Department Administrator,
City Engineer, Building Inspector and Street Department Superintendent
or their designee (hereinafter referred to individually and collectively
as the "Department Manager") determines three or more nuisance activities
resulting in a call for service have occurred at a premises on separate
days during a one-hundred-twenty-day period the Department Manager
may notify the premises owner in writing that the premise is in danger
of being specially assessed for chronic nuisances. This notice shall
be deemed to be properly delivered if sent either by first class mail
to the premises owner's last known address or if delivered in person
to the owner. This notice shall contain:
(a)
The street address or legal description sufficient for identification
of the premises.
(b)
A statement that the Department Manager has determined that
there have been three or more nuisance calls to the owner's property
within the past 120 days, a statement of the type of call/service,
date and time of the call/service and a statement that any further
nuisance calls for service to the property during the next 120 days
will result in a special assessment being placed against the property
in the amount of the assessment fee established by the common Council
for each nuisance call to the property. The notice shall also advise
the owner that the one-hundred-twenty-day time limit shall be extended
to 120 days from each subsequent nuisance call.
(c)
A notice of the premises owner's right to appeal and be heard
by the Common Council.
(2)
Whenever a Department Manager determines that after a notice in compliance
with the above paragraph an additional nuisance activity has occurred
at a premises for which notice has been issued and either this nuisance
activity has occurred not more than 120 days after notice has been
issued or a corrective course of action submitted by the owner to
the Administrator's approval has not been completed, the Department
Manager shall inform the property owner that a nuisance assessment
will be levied by the Common Council at its' next regularly scheduled
meeting in the amount of the assessment fee established by the Common
Council in its administrative fee schedule. This notice shall include
a description of the call type, time and date or if due to a failure
to follow corrective course, notice of the basis for the conclusion
that there has been a failure and shall be served in the same fashion
as the earlier notice. A copy of this notice shall be forwarded to
the Common Council for imposition of a special assessment.
D.
Cost recovery. Upon receipt of a notice from the Department Manager
issued pursuant to the above process, the Common Council may levy
as special assessment against the premises in the amount it has determined
is a reasonable amount based on the estimated actual cost incurred
by the City for nuisance calls. All costs so charged are a lien upon
such premises and may be assessed and collected as a special charge.
The fee referred to herein shall be published in the City's administrative
fee schedule.
E.
Appeal. The owner may appeal any assessment imposed herein pursuant
to Wis. Stats., Ch. 68, and the applicable provisions of the municipal
code.
F.
Administrator designee. Whenever in this ordinance reference is to
the Department Manager, the Department Manager may designate any officer
or employee within the department to perform such services.
[Added 8-1-2006 by Ord.
No. 1912]
The penalty for violations of provisions of the chapter for
which no specific penalty is provided shall be a forfeiture of not
less than $50 and not more than $1,000.
