ORD2025.1497-Peace and Good Order (w.red lines)COMMON COUNCIL — CITY OF MUSKEGO
ORDINANCE #1497
AN ORDINANCE TO AMEND CHAPTER 263
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Peace and Good Order)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Section 263-24.1 is hereby added to Chapter 263 of the Municipal Code
to read as follows:
§ 263-24.1. Chronic nuisance premises/activities.
A. Any Person(s) or Premises determined by the Chief of Police to be a Chronic
nuisance, shall be in violation of this ordinance may be subject penalties.
1) When it is determined that a Person(s) or Premises is in violation of this
ordinance, the Chief of Police may administer penalties against, but not
limited to, the following person(s):
a) A Property Owner, Agent, Manager, Tenant, Occupant, Invitee, Licensee,
Visitor, or any other person(s) determined to be in violation of this
ordinance.
2) Under this section (§ 263-25 of the Muskego Municipal Code), penalties may
include, but are not limited to, arrests, citations, or fines.
a) Fines shall be assessed according to the following schedule:
(i.) First Offense: $565 plus court costs
(ii.) Second Offense: $1,000 plus court costs
(iii.) All subsequent violations: $1,500 or more, not to exceed $5,000.00,
at the discretion of the Chief of Police, plus court costs.
B. For the purposes of this ordinance, Chronic nuisance shall be defined as, but
not limited to, the following:
1) Any Person(s) or Premises which has generated three or more calls for
Police, that have resulted in enforcement action on three separate
occasions within a consecutive 12-month time period.
a) Three or more calls for services resulting in enforcement action including
action taken against any person(s) associated with the premises while at
or within the legal boundary limits of the property;
2) Any Person(s) or Premises which has generated three or more calls for Fire
Department services that are deemed inappropriate, unnecessary, or non -
emergency requests for service.
Ordinance #1497 2
3) Any Person(s) or Premises that receives more than the level of general and
adequate Police, Fire, or any other city services, resulting in an undue and
inappropriate burden on, the taxpayers of the city, or resources of the
Police, Fire, or any other city department(s).
C. For the purposes of this ordinance, Enforcement action shall be defined as, any
action resulting in, but not limited to, excessive use of city resources, arrest, law
enforcement intervention, the issuance of a citation, or the issuance of a verbal
or written warning.
D. For the purposes of this ordinance, Chief of Police shall include the City of
Muskego Chief of Police and any person(s) that the Chief of Police designates,
assigns, or requests to enforce this ordinance.
SECTION 2: It is the intent of the Common Council that the provisions of this Chapter
are severable. If any section or portion thereof shall be declared by a decision of a
Court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision
shall apply only to the specific section or portion thereof directly specified in the
decision, and not affect the validity of all other provisions, sections or portion thereof of
the Ordinance which shall remain in full force and effect. Any other Ordinance whose
terms are in conflict with the provisions of this Ordinance is hereby repealed as to those
terms that conflict.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS 11th DAY OF FEBRUARY 2025.
ATTEST:
City Clerk
CITY OF MUSKEGO
Rick Petfalski, Mayor
First Reading: January 28, 2025
Summary of Ordinance Published: , 2025
1 /25cmc