Number
101222
Version
ORIGINAL
Reference
Sponsor
ALD. HINES, COGGS, KOVAC and HAMILTON
Title
An ordinance relating to the definition of nuisance activity.
Sections
80-10-2-b rc
80-10-2-c rc
Analysis
This ordinance amends s. 80-10-2 to define nuisance activity to exclude domestic abuse, sexual assault, and stalking. The city is prohibited by s. 66.0627 (7), Wis. Stats from enacting an ordinance that imposes a fee upon the owner or occupant of property for a call for assistance that is made by the owner or occupant requesting law enforcement services related to domestic abuse, sexual assault or stalking.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 80-10-2-b and c of the code is repealed and recreated to read:
80-10. Chronic Nuisance Premises.
2. DEFINITIONS.
b. "Manufactured home community" means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located.
c. c-1."Nuisance activity" means any of the following activities, behaviors or conduct
whenever engaged in by persons associated with a premises:
c-1-a. An act of harassment as defined in s. 947.013, Wis. Stats.
c-1-b. Disorderly conduct as defined in s. 106-1 of the code or s. 947.01, Wis. Stats.
c-1-c. Battery, substantial battery or aggravated battery as defined in s. 940.19, Wis. Stats.
c-1-d. Indecent exposure as defined in s. 106-5 of the code or s. 944.20(1)(b), Wis. Stats.
c-1-e. Keeping a place of prostitution as defined in s. 106-3 of the code or s. 944.34, Wis. Stats., or leasing a building for the purposes of prostitution as defined in s. 106-4 of the code.
c-1-f. Littering of premises as defined in s. 79-12.
c-1-g. Theft as defined in s. 110-16 of the code or s. 943.20, Wis. Stats.
c-1-h. Arson as defined in s. 943.02, Wis. Stats.
c-1-i. Possession, manufacture or delivery of a controlled substance or related offenses as defined in ch. 961, Wis. Stats.
c-1-j. Gambling as defined in ss. 107-1 and 2 of the code or s. 945.02, Wis. Stats.
c-1-k. Crimes of violence as defined in ch. 940, Wis. Stats.
c-1-L. Crimes involving illegal possession or use of firearms as defined in ch. 941 and s.
948.60, Wis. Stats.
c-1-m. Keeping a prohibited dangerous animal as defined in s. 78-25.
c-1-n. Trespass to land as defined in s. 943.13, Wis. Stats., or criminal trespass to dwelling as defined in s. 943.14, Wis. Stats.
c-1-o. Any act of aiding and abetting, as defined in s. 50-18 of the code or s. 939.05, Wis. Stats., any of the activities, behaviors or conduct enumerated in subds. 1 to 12.
c-1-p. Any conspiracy to commit, as defined in s. 939.31, Wis. Stats., or attempt to commit, as defined in s. 939.32, Wis. Stats., any of the activities, behaviors or conduct enumerated in subds. 1 to 14.
c-1-q. Discharge of a firearm as defined in s. 105-35.
c-1-r. The production or creation of excessive noise as defined in s. 80-63.
c-1-s. Loitering as defined in s. 106-31.
c-1-t. Public drinking as defined in s. 106-1.8.
c-1-u. The sale, offering for sale, bartering or giving away of any intoxicating liquors or fermented malt beverages without a license as provided in s. 90-3-1 of the code or s. 125.04(1), Wis. Stats.
c-1-v. The operation of a convenience store in violation of any provision of s. 68-4.3.
c-1-w. The possession of counterfeit items as defined by s. 132.02, Wis. Stats.
c-1-x. Selling or giving away tobacco products to persons under the age of 18 as defined in s. 106-30-2.
c-1-y. The possession, possession with intent to sell or deliver, or delivery of drug paraphernalia as defined in s. 106-36.
c-1-z. Owning, keeping, having or harboring any bird or animal that causes a disturbance of the peace as defined in s. 78-29.
c-1-aa. Misuse of emergency telephone numbers as defined in s. 105-77.
c-1-bb. Illegal sale, discharge and use of fireworks as defined in s. 105-47-1.
c-1-cc. Loitering-illegal drug activity as defined in s. 106-35.6.
c-1-dd. Truancy and contributing to truancy as defined in ss. 106-23.1 and 106-23.3.
c-1-ee. Underage alcohol activities, as defined in s. 90-18.
c-1-ff. Adult contributing, allowing, providing alcohol to underage persons activities, as defined in. s. 90-18.
c-2. "Nuisance activity" does not include activities, behaviors or conduct that results in a call for assistance made by the owner or occupant requesting law enforcement services related to any of the following:
c-2-a. "Domestic abuse," as defined in s. 813.12(1)(am), Wis. Stats.
c-2-b. "Sexual assault," as described in ss. 940.225, 948.02, and 948.025, Wis. Stats.
c-2-c. "Stalking," as described in s. 940.32, Wis. Stats.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
City Attorney
Drafter
LRB124820
DLW
1/19/2011