CHAPTER 12 PUBLIC NUISANCES

Transcription

1 CHAPTER 12 PUBLIC NUISANCES Public Nuisances Prohibited Definitions (1) Public Nuisance (2) Public Nuisances Affecting Health (3) Public Nuisances Offending Morals and Decency (4) Public Nuisances Affecting Peace and Safety (5) Dutch Elm Disease Abatement of Public Nuisances (1) Enforcement (2) Summary Abatement (3) Abatement by Court Action (4) Other Methods Not Excluded Cost of Abatement Junked or Abandoned Vehicles (1) Definitions (2) Junked Motor Vehicles Prohibited (3) Abandoned Motor Vehicles Prohibited (4) Investigation of Premises (5) Exceptions (6) Removal of Abandoned or Junked Motor Vehicles (7) Storage, Notice, Reclamation and Disposal of Abandoned or Junked Motor Vehicles (8) Penalty Contract for Towing and Storage of Vehicles (1) Contract Authority (2) Requirements (3) Fee Schedule (4) Request for Towing Services (5) Definitions Penalty Rabid or Vicious Animals Chronic Nuisance Premises PUBLIC NUISANCES PROHIBITED. No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City of Watertown DEFINITIONS. (1) PUBLIC NUISANCE. A public nuisance is a thing, act or occupation, condition or use of property which shall continue for such length of time as to: (a) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; (b) Render the public insecure in life or in the use of property; (c) Greatly offend the public morals or decency; (d) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.

2 PUBLIC NUISANCES (2) (2) PUBLIC NUISANCES AFFECTING HEALTH. The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of Subsec. (1) of this Section: public. (a) All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the (b) Carcasses of animals, bird or fowl not intended for human consumption or food, which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death in the months of April to November, or 48 hours during the months of December to March. (c) Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed. (d) All stagnant water in which mosquitoes, flies or other insects can multiply. (e) Any substance, activity or condition sufficient to create a human health hazard as that term is defined in Section (2) of the Wisconsin Statutes. (f) Any chemical and/or biological material that is stored, used, or disposed of in such quantity or manner that is, or has the potential to create a human health hazard. (g) The addition of any chemical and/or biological substance that would cause groundwater to be unpalatable or unfit for human consumption. The substances include but are not limited to the chemical and/or biological substances listed in Chapter NR 809 of the Wisconsin Administrative Code title safe drinking water. (h) Any private well that is constructed, abandoned or used in non-compliance with Chapter NR 812 of the Wisconsin Administrative Code or any pump installed in non-compliance with Chapter NR 812 of the Wisconsin Administrative Code. (i) The pollution of any public well, stream, lake, canal or other body of water by sewage, noxious acids, or industrial wastes or other substances. (j) Any use of property, substances or things within the City emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the City. (k) Any hole or opening caused by an improperly abandoned cistern, septic tank, dug well or any improperly abandoned, barricaded or covered up excavation not securely covered or secured from public use. (l) Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the City. (Am. #06-07)

3 PUBLIC NUISANCES (3) (3) PUBLIC NUISANCES OFFENDING MORALS AND DECENCY. The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of Subsec. (1) of this Section: (a) All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse, or gambling. (b) All gambling devices and slot machines. (c) All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by the ordinances of the City. (d) Any place or premises within the City where City ordinances or State Laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated. (e) Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the State of Wisconsin or ordinances of the City. (4) PUBLIC NUISANCES AFFECTING PEACE AND SAFETY. The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of Subsection (1) of this Section. (a) All signs, and billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety. (b) All buildings erected, repaired or altered within the fire limits of the City in violation of the provisions of the ordinances of the City, relating to materials and manner of construction of buildings and structures within said district. (c) All unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railway crossing which purport to be or may be mistaken as an official traffic control device, railroad sign or signal or which because of its color, location, brilliance or manner of operation interferes with the effectiveness of any such device, sign or signal.

4 PUBLIC NUISANCES (4)(d) (d) All trees, hedges, billboards, or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk. (e) All limbs of trees which project over public sidewalks and are less than 8 feet above the surface of a public sidewalk, or which project over public roadways and are less than 12 feet above the public roadway. (Am. #06-29) (f) All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the City. (g) All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use. (h) All abandoned and wrecked or dilapidated motor vehicles, buses, railroad cars and house trailers. (i) All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof. (j) All loud, discordant and unnecessary noises or vibrations of any kind. (k) The keeping or harboring of any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or making of other noises shall greatly annoy or disturb a neighborhood or any considerable number of persons within the City. (l) All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by ordinances of the City or which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished. (m) All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk. (n) All fences, walls or barricades erected and maintained on residential property, which are designed to cause bodily injury, including but not limited to, barbed wire fences, electrified fences, razor fences, and broken glass walls. (Cr. #97-46) (5) DUTCH ELM DISEASE. (a) Declared a Public Nuisance. The City Council having determined that the health of the elm trees within the City are threatened by a fatal disease known as Dutch Elm Disease hereby declares the following to be public nuisances: 1. Any living or standing elm tree or part thereof infected with the Dutch elm disease fungus or which harbors any of the elm bark beetles. 2. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle destroying insecticide. (b) Nuisances Prohibited. No person shall permit any public nuisance as defined in paragraph (a) to remain on any premises owned or controlled by him within the City.

5 PUBLIC NUISANCES (5)(c) (c) Inspection. The City Forester shall inspect or cause to be inspected all premises and places within the City at least twice each year to determine whether any public nuisance as defined in para. (a) exists thereon, and shall also inspect or cause to be inspected any elm tree reported or suspected to be infected with the Dutch elm disease or elm bark bearing material infested with the elm bark beetle. (d) Abatement. 1. If the City Forester upon inspection and examination shall determine that any public nuisance as herein defined exists in or upon any public street, alley, boulevard, parkway, park or other public place including the terrace strip between curb and sidewalk within the City and that the danger to other trees within the City is imminent, he shall immediately cause it to be removed and burned or otherwise abate the same in such manner as to prevent as fully as possible the spread of Dutch elm disease or the insect pests or vectors known to carry such disease fungus. 2. If the City Forester shall determine that any public nuisance as herein defined exists in or upon private premises and that the danger to other elm trees within the City is imminent, he shall immediately serve upon the owner of such property, if he can be found, or upon the occupant thereof, a written notice to abate such nuisance on or before April 15 of the following year. If such owner or occupant does not abate said nuisance within the time limited, the City Forester shall cause the same to be abated. No damage shall be awarded to the owner for destruction of any elm tree, elm wood or any part thereof pursuant to this Section. (Am. #70-58) (e) Spraying of Elm Trees. Whenever it is determined that any elm tree or part thereof is infected with Dutch elm disease fungus, the City Forester may require that all elm trees within a 1,000 foot radius thereof be sprayed with an effective elm bark beetle destroying concentrate; such spraying shall be performed prior to July 31. (f) Transporting of Elm Wood Prohibited. No person shall transport within or bring into the City any bark bearing elm wood or material without first securing the permission of the City Forester ABATEMENT OF PUBLIC NUISANCES. (1) ENFORCEMENT. It shall be the responsibility of the Chief of Police, Building Inspector, Health Officer, Fire Chief and City Forester to enforce those provisions of this chapter that come within the jurisdiction of their offices, and they shall make periodic inspections and inspections upon complaint to insure that such provisions are not violated. No action shall be taken under this Section to abate a public nuisance unless the officer shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and have satisfied himself that a nuisance does in fact exist.

6 PUBLIC NUISANCES (2) (2) SUMMARY ABATEMENT. (a) Notice. Except as provided in Sec (5) if the inspecting officer determines that a public nuisance exists and that there is a great and immediate danger to the public health, safety, peace, morals or decency, he shall cause notice to be served in the manner provided for service of a summons in Circuit Court upon the person causing, permitting or maintaining the nuisance or upon the owner or occupant of the premises where such nuisance is caused, permitted or maintained, and shall cause a copy of the notice to be posted on the premises. Such notice shall direct the person causing, permitting or maintaining such nuisance or the owner or occupant of the premises to abate or remove such nuisance within 24 hours, and shall state that unless such nuisance is so abated, the City will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be. (b) Abatement by City. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance can not be found, the officer having the duty of enforcement shall cause the abatement or removal of such public nuisance. (3) ABATEMENT BY COURT ACTION. Except as provided by Sec (5), if the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall file a written report of his findings with the Mayor, who, upon direction of the City Council, shall cause an action to abate such nuisance to be commenced in the name of the City in Circuit Court in accordance with the provisions of Ch. 280, Wis. Stats. (4) OTHER METHODS NOT EXCLUDED. Nothing in this Section shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the State of Wisconsin COST OF ABATEMENT. In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the City shall be collected as a debt from the owner, occupant or person causing, permitting, or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, the cost shall be assessed against the real estate as a special charge JUNKED OR WRECKED VEHICLES. (Rep. and Recr. #71-38: Rep. and Recr. #97-71) (1) DEFINITIONS. (a) Motor Vehicle means any self-propelled land vehicle which can be used for towing or transporting people or materials, including, but not limited to, automobiles, trucks, buses, motor homes, motorized campers, motorcycles, or tractors. Motor vehicle does not include snowmobiles, dune buggies, "stock" or racing cars, or off-road vehicles. (b) Abandoned Motor Vehicle means any motor vehicle which is required by the laws of the State of Wisconsin to have attached thereto a valid, unexpired registration plate and which: 1. Is left unattended in its original parked location on private property for a period of forty eight (48) hours or longer without the consent of the owner, lessee or occupant of such property, or their legally authorized agent; or (Am.#01-14) 2. Is left unattended in its original parked location on public property, including any portion of a highway, street, municipal parking lot or public right-of-way within the limits of the City of Watertown, for a period of seventy-two (72) hours or longer; or (Am.#01-14)

7 PUBLIC NUISANCES (1)(c) 3. Is left unattended on a street, highway or public right-of-way within the limits of the City of Watertown, in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street maintenance. (c) Junked Motor Vehicle means any motor vehicle which is left unattended in its original parked location on public property for a period of forty-eight (48) hours or longer or is left unattended in its original parked location on private property for a period of fifteen (15) days or longer, and which: (Am.#06-08) 1. Is unable to be safely or legally operated on the roads of the State of Wisconsin; or 2. Is wrecked, damaged or substantially dismantled to the extent that such vehicle is inoperable; or 3. Is incapable of being moved under its own power. (d) Motor Vehicle Accessories means any equipment, part or parts of any motor vehicle. (e) Person means any individual, firm, partnership, corporation or association. (f) Public Property means any real estate owned by the federal or state government, City of Watertown, Watertown Unified School District or other political subdivision. (g) Private Property means any other real estate within the City of Watertown other than that described under (F) above. (h) Police Impound Facility means any building, enclosure or place designated by the Mayor, Chief of Police or by ordinance or resolution of the Common Council for the storage of impounded motor vehicles by the City of Watertown, including privately owned garages, other privately owned locations designated as a police impound facility or a publicly owned impound facility. (i) Original Parked Location means and includes the location at which the motor vehicle was parked when it was placarded in accordance with (6)(b) as well as an area within a 300 radius of that location. (Cr.#01-14) (2) JUNKED MOTOR VEHICLES PROHIBITED. (a) It shall be unlawful for any person to display, store, keep, park or leave any junked motor vehicle or motor vehicle accessories upon any public or private property within the City of Watertown. (b) It shall be unlawful for any person, who is the owner, lessee or legally authorized agent in possession or control of any private property within the City of Watertown to cause or permit to be stored any junked motor vehicle or motor vehicle accessories upon said private property. (c) It shall be unlawful for any person, after notification has been given to remove any junked motor vehicle or motor vehicle accessories from any private property, to move the same to any other private property upon which such storage is not permitted or onto any public highway or other public property for purposes of storage. (d) The storage of junked motor vehicles on private property or public property within the

8 PUBLIC NUISANCES (3) City of Watertown is declared to be a public nuisance, which may be abated or removed and penalties imposed as provided in this Section. (3) ABANDONED MOTOR VEHICLES PROHIBITED. (a) It shall be unlawful for any person to abandon any motor vehicle upon any public property, street, highway, alley or other public way in the City of Watertown. (b) It shall be unlawful for any person to abandon a motor vehicle on the private property of another person without the consent of such other person. Any person on whose property a motor vehicle is abandoned may file a complaint with the Police Department. Thereafter, the motor vehicle may be removed by the owner, lessee or legally authorized agent from such property at said person's expense or it shall be removed and impounded by the Police Department pursuant to the terms of this Section. (c) The abandonment of motor vehicles on private or public property within the City of Watertown is declared to be a public nuisance, which may be abated or removed and penalties imposed as provided in this Section. (4) INVESTIGATION OF PREMISES. Any law enforcement officer or the Building Inspector of the City of Watertown, upon routine inspection or upon receipt of a complaint, may investigate a suspected junked motor vehicle, abandoned motor vehicle or motor vehicle accessories and may gain access to private property to conduct such investigation in order to record the make, model, style and identification numbers of any such motor vehicle. In the event access to any private property is denied by the owner, lessee or occupant thereof, such law enforcement officer or Building Inspector shall obtain a special inspection warrant, pursuant to the terms of Section and of the Wisconsin Statutes, except in cases of emergency. (5) EXCEPTIONS. This Section shall not apply to any motor vehicle or any motor vehicle accessories under the following circumstances: (a) Any motor vehicle or motor vehicle accessories stored within an enclosed building. (b) Any automobile service stations, automotive repair facilities, automotive body shops, or tire, battery and accessories sales stores, or other similar business enterprises, provided that such businesses are in a properly zoned area for such business enterprise, and provided further that such motor vehicles or motor vehicle accessories are shielded from public view by adequate landscaping or solid fencing. (c) Any licensed motor vehicle dealers or licensed junk yards or other storage facilities in a properly zoned area for such business enterprise, whether or not such motor vehicles or motor vehicle accessories are shielded from the public view. This exception shall not apply to auto repair facilities, auto body shops, automobile service stations or tire, battery and accessory sales stores. (6) REMOVAL OF ABANDONED OR JUNKED MOTOR VEHICLES. (a) Any law enforcement officer or the Building Inspector of the City of Watertown who has reasonable grounds to believe that a motor vehicle or motor vehicle accessories are junked or abandoned under the terms of this Section, shall require such motor vehicle/accessories to be removed or cause the same to be removed and placed in a police impound facility.

9 PUBLIC NUISANCES (6)(b) (b) A motor vehicle or motor vehicle accessories shall not be presumed abandoned or junked until a bona-fide effort is made by a law enforcement officer or the Building Inspector to notify the owner or operator of the status of the motor vehicle/accessories. Such notification shall include a bright orange, self-adhesive "Vehicle Courtesy Notice" which shall be affixed to the motor vehicle/accessories. Such "Vehicle Courtesy Notice" shall indicate the specific ordinance being violated and the date and time action must be taken by the owner or operator to prevent impoundment of the vehicle/accessories. (c) Whenever any law enforcement has reasonable grounds to believe that a motor vehicle, attended or unattended, has been left standing or parked upon any portion of a municipal parking lot, highway, street, or right-of-way in the City of Watertown, in such a manner as to constitute an obstruction to traffic or proper street maintenance, such law enforcement officer is authorized to cause the motor vehicle to be removed and placed in a police impound facility so as to eliminate such obstruction without notice to the owner or operator thereof. (d) The police officer or Building Inspector who caused removal of the motor vehicle or motor vehicle accessories shall immediately inform the Chief of Police, or his designee, of the impoundment and location of the motor vehicle/accessories. (7) STORAGE, NOTICE, RECLAMATION AND DISPOSAL OF ABANDONED OR JUNKED MOTOR VEHICLES. (Am.#99-15) (a) Any motor vehicle or motor vehicle accessories which are deemed abandoned or junked by the Chief of Police, or his designee, and not reclaimed under Subsection (d), below, or disposed of under Subsection (b), below, shall be retained in storage for a minimum period of thirty (30) days after certified mail notice, as provided in Subsection (c), below, has been sent to the registered owner and lien holders of record to permit reclamation of the motor vehicle/accessories. (b) (Am.#99-37; Am. #00-20) If the Chief of Police, or his designee, determines that the towing costs and storage charges for the minimum period of impoundment would exceed the value of the motor vehicle or motor vehicle accessories, the motor vehicle/accessories may be junked or sold after the expiration of the impoundment period, upon determination by the Chief of Police or his designee, that the vehicle or accessories are not wanted for evidence or for any other reason, provided that all motor vehicles in excess of nineteen (19) model years of age shall be sold or disposed of only by public auction, sale or sealed bid, in accordance with Subsection (e) of this Section. (c) Within ten (10) days after the impoundment of a motor vehicle or motor vehicle accessories, pursuant to the provisions of this Section, and at least thirty (30) days prior to the date of sale of the impounded vehicle/accessories; the Chief of Police, or his designee, shall serve a parking citation by certified mail to the registered owner of record at the address of said person indicated in the Department of Transportation registration files, for the violation of either Section (2) or Section (3) of the City of Watertown General Ordinances, having a forfeiture in the amount equal to the bond forfeiture amount set by the Watertown Municipal Court, and shall give written notice by certified mail to the registered owner of record at the address of said person indicated in the Department of Transportation registration files, and secured lien holders of record, if known, advising such parties of the following: 1. The year, make, model and vehicle identification number of the impounded vehicle/accessories; and 2. The place where the impounded vehicle/accessories are being held; and

10 PUBLIC NUISANCES (7)(c)(3) 3. The right of the registered owner or any lien holder of record to reclaim the impounded vehicle/accessories pursuant to subsection (d) below; and 4. That the failure of the registered owner or lien holders to exercise their rights to reclaim the impounded vehicle/accessories under this Section shall be deemed a waiver of all right, title and interest in the impounded vehicle/accessories and shall be deemed a consent to the sale of the impounded vehicle/accessories; and 5. That the registered owner or lien holders of record may contest the impoundment and proposed disposition of the impounded vehicle/accessories by appearing at the date and time indicated in said notice, pursuant to subsection (e) below. (d) (Am. #05-24) The registered owner, or other person who can prove he or she is entitled to possession of the impounded motor vehicle or motor vehicle accessories, upon presentation of the vehicle title, identification, or other satisfactory evidence, may reclaim the impounded vehicle/accessories within thirty (30) days of the date of impoundment by presenting himself or herself at the Watertown Police Department and by paying the bond forfeiture amount set by the Watertown Municipal Court, plus the actual cost of towing, and a fee of $20.00 per day for storage. The Chief of Police, or his designee, shall, at his or her direction, have the discretion to waive or reduce the applicable storage fee based upon the following criteria: a. The financial circumstances of the vehicle owner that may have rendered him unable to make payment of the fees set forth herein. b. An unintentional delay in the receipt of the written notice by the vehicle owner. c. The voluntary forfeiture of the vehicle to the Watertown Police Department by the vehicle owner. (e) Any person who is the registered owner of any impounded vehicle/accessories or a lien holder of record thereon, may contest the impoundment, proposed disposition of the impounded motor vehicle/accessories or costs of impoundment imposed under subsection (d) above by appearing in the Watertown Municipal Court at the time and on the date indicated in the certified letter described in (c) above to contest the facts and circumstances of such impoundment, proposed distribution of the impounded vehicle/accessories, or costs imposed as a result of the impoundment. Any such person shall have the right to receive the vehicle back by posting a bond equal to the costs outlined in subsection (d) above prior to release of the impounded vehicle/accessories. No such impounded vehicle/accessories shall be disposed of under this section or costs imposed under this section until disposition of the proceeding to contest any of these matters.

11 PUBLIC NUISANCES (7)(f) (f) Any impounded motor vehicle or motor vehicle accessories retained in storage and not reclaimed by the registered owner or lien holders of record, may be sold by public auction with notice as provided below, or may be sold by public sale calling for the receipt of sealed bids with notice as provided below, pursuant to Section (3) (c), Wis. Stats. (g) The notice of sale for any sale held pursuant to Subsection (f), above, shall be a public notice posted at three (3) locations within the City of Watertown, to-wit: The Watertown Police Department, the bulletin board at the Office of the City of Watertown Clerk, and the bulletin board at the City of Watertown Public Library. Such notice shall include the description of the vehicle, name and last-known address of the registered owner and lien holders of record, if known, as well as the information contained in the notice sent to the registered owners and lien holders of record, pursuant to Subsection (c) above, and shall be posted at least ten (10) days before the date of sale contained in the notice. (h) At such sale, the highest bid received for any such impounded motor vehicle or motor vehicle accessories shall be accepted. If no bid is received the Chief of Police, or his designee, shall dispose of the impounded vehicle/accessories at a private sale or shall junk the impounded vehicle/accessories. Any interested person may offer bids on each impounded vehicle/accessories to be sold. (i) The sale of a motor vehicle or motor vehicle accessories under the provisions of this Section shall forever bar all prior claims thereto and interests therein and the Chief of Police, or his designee, shall supply the purchaser of the purchased vehicle/accessories with a completed form enabling the purchaser to obtain a regular certificate of title for the vehicle. (j) The purchaser of any motor vehicle or motor vehicle accessories on the sale conducted pursuant to Subsection (f) above, shall have ten (10) days to remove the purchased vehicle/accessories from the police impound facility, upon the payment of the purchase price as bid, together with a storage fee of $5.00 per day for each day the purchased vehicle/accessories remain in the police impound facility after the second business day subsequent to the sale date. Ten (10) days after the sale date, the purchaser shall forfeit all right, title and interest in the purchased vehicle/accessories and the same shall be deemed abandoned and may be sold again. (k) Any listing of vehicles to be sold pursuant to this section shall be made available by the Chief of Police, or his designee, to any interested person or organization who makes a written request therefor, for a fee not to exceed the actual, necessary and direct cost of reproduction copy. (l) Within five (5) days after the direct sale or disposal of a motor vehicle or motor vehicle accessories, as provided in this Section, the Chief of Police, or his designee, shall advise the Wisconsin Department of Transportation of such sale or disposal on a form provided by the Department. (8) PENALTY. (a) Any person who shall violate any provision of this Section shall be subject to a penalty as provided in Section of this Code. Each violation and each day on which a violation or any provision of this Section occurs or continues shall constitute a separate offense. This Section shall not preclude the use of any other remedy available to the City to prevent, abate or remove junked motor vehicles, abandoned motor vehicles, or motor vehicle accessories, as allowed by law. (b) The owner of any abandoned or junked motor vehicle or motor vehicle accessories, except a stolen vehicle, is responsible for the abandonment and all costs of impounding and disposing of the motor vehicle or accessories. Any costs recovered from the sale of the impounded vehicle/accessories shall be offset against the costs of impounding, storing and disposing of the motor vehicle or accessories. Any costs not previously paid shall be recovered as a cost of the action and imposed as an additional cost of the plaintiff in any forfeiture penalty imposed pursuant to Section (8)(a) above. (Am.#02-09)

12 PUBLIC NUISANCES (8)(C) (c) The owner of any private property within the City of Watertown upon which a junked motor vehicle or motor vehicle accessories have been stored and have been removed pursuant to this Section shall be responsible for a response service fee payable to the City of Watertown in the amount of $ Whenever the City of Watertown Police Department determines a response service fee is owed pursuant to Section (8)(c), an invoice for the response service fee shall be sent to the owner of private property upon which a junked vehicle or junked vehicle accessories were located at the owner s last known address, along with a notice indicating that the response service fee is a special charge listing the services which form the basis for the special charge, the date the payment is due, the right of the private property owner to a hearing before the Chief of Police into the reasonableness of the response service fee, the fact that the request for a hearing must be made before the date payment is due, and a warning that any unpaid response service fee will be assessed against the private property owner s real estate tax roll as a special charge, pursuant to Section Wis. Stats. and Section of the General Ordinances 2. All charges for response service fees are due and payable to the City of Watertown within thirty (30) days of mailing of the notice required in Subsection 1. above, except, if a hearing is requested in a timely manner, the assessment is due within ten (10) days after an adverse decision is rendered at such a hearing. 3. If the response service fee is not paid by the property owner under Subsection 2. above, the fee shall be assessed against the property owner s real estate tax roll as a special charge, pursuant to Section , Wis. Stats. and Section of the Watertown General Ordinances. (Am. #06-09A)

13 CONTRACT FOR TOWING AND STORAGE OF VEHICLES. (Cr. #97-65) (1) Contract Authority. The Chief of Police may enter into contracts for and on behalf of the City of Watertown for the towing and storage of vehicles. The Chief of Police may only contract with companies authorized to provide towing services under the Wisconsin Statutes and the regulations of the Wisconsin Department of Transportation. The Chief of Police may contract with multiple companies, and the City of Watertown may utilize the services of each Company on a rotational or priority basis. (2) Requirements. Any contract authorized under (1) above shall provide: (a) That the Company have adequate towing equipment and storage facilities suitable for designation as a police impound facility; and (b) That the Company have personnel available 24 hours a day; and (c) That the Company furnish the City of Watertown with an indemnification agreement supported by a performance bond and indemnity bond or, in lieu thereof, a certification of insurance to hold the City harmless from any claims for damage or theft of the vehicles and personal property therein contained when the vehicles are towed and/or stored; and

14 PUBLIC NUISANCES (2)(d) (d) That the Company, not the City, be responsible for collecting the cost of all services provided at the request of the City, from the owner or driver of the vehicle towed and/or stored except for those vehicles or motor vehicle accessories towed and/or stored under the provisions of Section (Junked or Abandoned Vehicles) under this Code; and (e) That the Company will have a lien for towing and storage of vehicles, pursuant to Wis. Stats. Section (3) Fee Schedule. The City shall set the fee schedule to be included in each contract and shall update the fee schedule as necessary, upon the termination of each contract. The Chief of Police may establish further rules, regulations, specifications and conditions under which these contracts shall be let. (Am. #02-07) (4) Request for Towing Services. No police officer or other official or employee of the City may request towing services and storage of vehicles, pursuant to this Section or Section of the Code, other than the companies under contract with the City, unless the owner, driver, or property owner specifically requests the services of a particular Company be utilized. (5) Definitions. (a) Company means any person, firm, partnership, company, association or corporation engaged in selling or furnishing towing services and authorized to provide towing services and storage of vehicles under the Wisconsin Statutes, and regulations of the Wisconsin Department of Transportation. (b) Police Impound Facility means any building, enclosure or place designated by the Chief of Police for the storage of impounded motor vehicles located on private or public property. power. (c) Towing means moving a vehicle from one place to another under other than the vehicles own (d) Towing Services means any act toward the end of towing a vehicle. (e) Vehicle means every device designed to transport either person or property upon a highway, whether or not self-propelled, and whether or not operable. This definition also includes equipment, accessories or incomplete parts for use on a vehicle PENALTY. Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Sec of this Code. Each violation and each day on which a violation of any provision of this chapter occurs or continues shall constitute a separate offense. This Section shall not preclude use of any other remedy available to the City to prevent or remove an offending condition.

15 PUBLIC NUISANCES (Bond Schedule) Page #1 CHAPTER 12 - BOND SCHEDULE Total deposit includes the shown forfeiture, the 26% penalty assessment, $10.00 jail assessment, $38.00 court costs and $13.00 crime lab fee. (Cr. Res. Exhibit #5549, 10/19/93; Am. Res. Exhibit #5820, 9/5/95; Am. Res. Exhibit #6219, 4/6/98; Am. Res. Exhibit # /5/99; Am. Resolution Exhibit #6638, November 21, 2001; Rep.& Recr. Resolution Exhibit #6697, June 4, 2002; Resolution Exhibit #6882, March 16, 2004; Am. 7/26/05 per Supreme Court of Wisconsin, 2005 Wisconsin Act 25; Am. 12/31/06 per Supreme Court of Wisconsin, 2005 Wisconsin Act 60) (Am. Res. Exh. #7118, 7/3/06) (Am. Res. #7511, 8/18/09) SECTION DESCRIPTION FORFEITURE TOTAL DEPOSIT PUBLIC NUISANCES PROHIBITED PUBLIC NUISANCES DEFINITIONS OF PUBLIC NUISANCES (1) Public nuisance generally (2) PUBLIC NUISANCES AFFECTING HEALTH (2)(a) Sell/offer to sell bad food or drink $ $ (2)(b) Fail to bury carcasses of critters $ $ (2)(c) Permit accumulation of decayed matter $ $ (2)(d) Permit accumulation of stagnant water $ $ (2)(e) Fail to close garbage cans/privys $ $ (2)(f) Allow growth of noxious weeds, etc. $ $ (2)(g) Allow any animal to run at large $ $ (2)(h) Allow escape of smoke/other pollutants $ $ (2)(i) Pollute river by sewage, etc. $ $ (2)(j) Cause emission of repulsive odors $ $ (2)(k) Fail to cover an abandoned well $ $ (2)(l) Cause nauseous liquid to flow in public $ $ (2)(m) Operate pea vinery within the City $ $ (2)(n) Keep cattle or animals in unclean manner $ $ (3) PUBLIC NUISANCE OFFENDING MORALS AND DECENCY (3)(a) Keep bawdy/gambling house $ $ (3)(b) Permit gambling devices and slot machines $ $ (3)(c) Unlicensed intoxicants sold, stored, etc. $ $ (3)(d) Keep place where laws openly violated $ $187.00

16 PUBLIC NUISANCES (Bond Schedule) Page #2 SECTION DESCRIPTION FORFEITURE TOTAL DEPOSIT (3)(e) Keep place for violating liquor/beer laws $ $ (4) PUBLIC NUISANCE AFFECTING PEACE AND SAFETY (4)(a) Endangering structures over public ways $ $ (4)(b) Building in violation of ordinance $ $ (4)(c) Unauthorized use of official sign/signal $ $ (4)(d) Tree/other interference with view of traffic $ $ (4)(e) Tree limb projecting over sidewalk, etc. $ $ (4)(f) Use or display of fireworks $ $ (4)(g) Dilapidated building, unsafe, etc. $ $ (4)(h) Abandoned/wrecked/dilapidated vehicles $ $ (4)(i) Wire less than 15 feet above public way $ $ (4)(j) Loud, discordant, unnecessary noise $ $ (4)(k) Harboring of noisy dog, other animal $ $ (4)(l) Obstruction of streets, sidewalks, etc. $ $ (4)(m) Fail to close or guard pits, excavations $ $ (4)(n) Electric/barbed-wire fences, etc. $ $ (5) DUTCH ELM DISEASE (5)(a) Keep a live, infected tree or tree part $ $ (5)(b) Keep dead tree from which bark not removed $ $ (Sections through are remedial and not prohibitive in nature, and are noted here only for reference purposes.) ABATEMENT OF PUBLIC NUISANCES (1) Enforcement (2) Summary Abatement (2)(a) Notice (2)(b) Abatement by the City (3) Abatement by court action (4) Other methods not excluded COST OF ABATEMENT

17 PUBLIC NUISANCES (Bond Schedule) Page #3 SECTION DESCRIPTION FORFEITURE TOTAL DEPOSIT JUNKED OR WRECKED VEHICLES (Note exceptions at section (5). Parking citations are to be issued for s violations (See s (7)(c).). Assessments, fees and costs are not added on to parking citations. (1) Definitions (2) JUNKED MOTOR VEHICLES PROHIBITED (2)(a) Keep vehicle/accessories on private property $ (2)(b) Owner/lessee permitting violation of (a) $ (2)(c) Attempt to avoid (a) by moving to other area $ (3) ABANDONED MOTOR VEHICLES PROHIBITED (3)(a) Abandon vehicle on public street/property $ (3)(b) Abandon vehicle on private property $ RABID OR VICIOUS ANIMALS (Adopting Statute) 95.21(2) Fail to vaccinate for rabies. $50.00 $ (5) Disobey quarantine order. ($100 to $1,000.00) $ $ CHRONIC NUISANCE PREMISES Fail to timely attend an nuisance abatement meeting or to timely submit an nuisance abatement plan 1 st offence ( ) $ $ nd offense (500-1,000) $ $ RABID OR VICIOUS ANIMALS. Sections 95.21, , , and of the Wis. Stats. are hereby adopted by reference. (Cr. #80-44)

18 12.08 CHRONIC NUISANCE PREMISES. PUBLIC NUISANCES (1) FINDINGS. The Chronic Nuisance ordinance is intended to allow the City of Watertown an opportunity to work with neighbors and landlords to reduce problems, prevent crime and improve the quality of life in our community s neighborhoods. The Common Council finds that any premises, whose owner(s), resident(s), tenant(s), invitee(s) or guest(s) have generated three (3) or more calls for service from the City s police department, building inspection department or street department for nuisance activities as defined below, within a 12 month period of time and subject to the restrictions of subsection (3) herein, has received more than the level of general and adequate municipal services and has placed an undue and inappropriate burden on the tax payers of the City. The Common Council therefore authorizes the Chief of Police, the head of the Building Inspection department, the head of the Street department and the Weed Commissioner, as provided in this Section, to charge the owners of such premises the costs associated with abating the violations at premises at which nuisance activities chronically occur. (2) DEFINITIONS. (a) Enforcement action means a law enforcement officer or authorized city official has investigated a possible nuisance activity and has elected to issue a citation, make an arrest or issue a written warning for a nuisance activity. (b) Premises means an individual or multi-family dwelling unit and associated common areas; this includes, but is not limited to, apartments, hotel rooms, rooming houses, tax parcels and buildings. (c) Persons associated with means any person who, whenever engaged in a nuisance activity, enters, patronizes, visits or attempts to enter, patronize or visit or waits to enter, patronize or visit, a premises or person present on a premises, including any officer, director, customer, agent, employee or independent contractor of a premises owner. (d) 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: (i) An act of Harassment, as defined in Section , Wis. Stats and Section of the City Code of Ordinances. (ii) Disorderly conduct, as defined in Section , Wis. Stats and Section of the City Code of Ordinances. (iii) Battery, Substantial Battery, or Aggravated Battery, as defined in Section , Wis. Stats. (iv) Lewd and Lascivious Behavior, as defined in Section , Wis. Stats. (v) Keeping a place of Prostitution, as defined in Section , Wis. Stats, or leasing a building for the purposes of prostitution. (vi) Receiving Stolen Property, as defined in Section , Wis. Stats. (vii) Possession, Manufacture or Delivery of a Controlled Substance or related offenses, as defined in Ch. 961, Wis. Stats.

19 (viii) Gambling, as defined in Section , Wis. Stats. PUBLIC NUISANCES (2)(d)(viii) (ix) Animal violations, as defined in Chapter 10 of the City Code of Ordinances and other violations of Chapter regarding animals. (Am. #12-28) (x) Trespassing, as defined in Section and Section , Wis. Stats, and Section of City Code or Ordinances. (xi) Discharge of a firearm or any other related firearm or dangerous weapons offense, state or municipal, including carrying a concealed weapon, air gun, pellet gun or paint ball gun. (xii) Underage consumption, possession or procurement of alcohol, as defined in Chapter 125 of the Wis. Stats. (xiii) Any conspiracy to commit, as defined in , Wis. Stats, or attempt to commit, as defined in Section ,Wis. Stats, any of the activities, behaviors or conduct enumerated herein. (xiv) Harboring a runaway as prohibited by this code. (xv) (xvi) (xvii) (xviii) The production or creation of excessive noise, as prohibited by Section or of the City of Watertown municipal ordinances. Violations of environmental requirements, as prohibited by Section of the City of Watertown municipal ordinances. Violations of exterior storage standards, as prohibited by Section of the City of Watertown municipal ordinances. Two or more violations of dogs running at large, contrary to Section (2)(a), within any 12 month period of time. (Cr. #10-44) (3) NOTICE. Whenever the Chief of Police, or other department head whose department is responsible for the enforcement action taken, determines that three or more nuisance activities resulting in enforcement action have occurred at a premises on separate occasions during a 12 month period commencing with the date of the first violation, the Chief of Police, or other department head whose department is responsible for the enforcement action taken, may notify the premises owner or management agent in writing that the premises is in danger of becoming a chronic nuisance. In reaching this determination, the Chief of Police, or other department head whose department is responsible for the enforcement action taken, shall not count nuisance activities that were reported by the owner or manager of the premises or incidents in which the tenant or occupant is the victim of a crime. The notice shall contain the street address or legal description sufficient to identify the premises, a description of the nuisance activities that have occurred at the premises, including the dates that the nuisance activities are alleged to have occurred, and a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises.

20 PUBLIC NUISANCES (4) (4) SERVICE OF THE NOTICE. The notice shall be properly delivered by any one of the following methods: (a) By personally delivering the notice in person to the premises owner. (b) If the premises owner cannot be located, by delivering a copy of the notice at the premises owner s usual place of abode, or principal place of doing business, to a competent member of the family at least 14 years of age or a competent adult currently residing or working at that location. (c) By registered mail, or by certified mail return receipt requested. (d) By publication as a Class 1 notice together with mailing the notice to the owner s last known residential or business address; the mailing may be omitted if the postoffice address cannot be ascertained with reasonable diligence. (5) ABATEMENT PLAN. Any owner or agent receiving notice pursuant to the provision above shall contact the Police Department to set up a meeting with the Chief of Police or other department head whose department is responsible for the enforcement action taken and meet with that department head, or his/her designee within 10 business days of receipt or publication of such notice. The parties shall review the problems occurring at the property. Within 10 calendar days of this meeting, the owner or agent shall submit to the Chief, or other department head whose department is responsible for the enforcement action taken, or his/her designee, an agreed-upon written abatement plan to end the nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of the need for further contact by the Chief of Police or other department head whose department is responsible for the enforcement action taken. (6) ADDITIONAL PUBLIC NUISANCE ACTIVITY DURING IMPLEMENTATION OF AGREED- UPON ABATEMENT PLAN. If additional nuisance activity occurs on a premises subject to an abatement plan during the timely implementation of the agreed-upon abatement plan, the premises owner shall not be subject to penalties described in this Code if the premises owner takes any of the following actions: (a) Undertakes the remedies provided by Chapter 704 of the Wisconsin Statutes, as may be amended from time to time, to remove the source or cause of the public nuisance in a timely manner. (b) Takes one or more legal steps as identified in the abatement plan to remove the source or cause of the public nuisance allowable under the Wisconsin Statutes when notified by the Chief of Police, or other department head whose department is responsible for the enforcement action taken, that an additional nuisance activity has occurred at the premises. (c) Otherwise remains in full compliance with the abatement plan.