Serious Crime or Quality of Life

The Isthmus has reported on how the police a going to crack down on the west side, and included the letter the police department sent out. In looking at the list of crimes they are going to have zero tolerance on, I started wondering how this is going to work with the Chronic Nuisance Ordinance (which we are rumored to be voting on next Tuesday, despite the fact that EOC has not seen it yet and we just got a copy yesterday to ask us if we want to be a co-sponsor.)

MGO 24.02(1) DISORDERLY CONDUCT $424
MGO 24.09(6), 24.04(1) & 24.04(2) NOISE VIOLATIONS $172
MGO 23.06(2) DAMAGE TO PROPERTY $676
MGO 23.07(2) UNLAWFUL TRESPASSING $424
MGO 23.11(2) CURFEW VIOLATION $52
MGO 23.32(1) PERMITTING DOG TO RUN AT LARGE $109
MGO 38.07(7) POSSESSING AN OPEN CONTAINER OF ALCOHOL ON A PUBLIC STREET $298
MGO 12.011 STANDING ON ROADWAY $58.60
MGO 12.011 SPEEDING $83.80-424.00
MGO 12.011 PARKING ACROSS SIDEWALK $30.00
MGO 10.17 LITTERING ON PUBLIC STREETS OR PUBLIC GROUNDS $298.00
MGO 7.321 DEPOSITING HUMAN WASTE PRODUCTS $172.00
MGO 8.21 PUBLIC PARKS CLOSED DURING CERTAIN HOURS (10 PM TO 6 AM $109.00
MGO 10.16(1) DEPOSIT OF INOPERABLE VEHICLE ON STREET $298.00
MGO 10.26 PERSONS NOT TO CONGREGATE ON STREETS OR SIDEWALKS $298.00
MGO 23.065 GRAFFITI ON PUBLIC/PRIVATE PROPERTY $676.00
MGO 34.31 UNLAWFUL FIREWORKS $424.00

If these are the issues that the police believe are being faced by the neighborhood which they characterize as “quality of life”, then why does the chronic nuisance ordinance have this list of crimes?

1. An act of harassment as defined in s. 947.013, Wis. Stats.
2. Disorderly conduct as defined in s. 24.02, MGO or s. 947.01, Wis. Stats.
3. Crimes of violence as defined in ch. 940, Wis. Stats.

4. Resisting or obstructing an officer as prohibited by Sec. 5.06, MGO or s. 946.41, Wis. Stats.

5. Indecent exposure as prohibited by Sec. 26.01, MGO or s. 944.20(1)(b) Wis. Stats.

6. Damage to property as prohibited by Sec. 23.06, MGO. or s. 943.01, Wis. Stats.

7. The production or creation of noises disturbing the peace, as prohibited by sec. 24.04, MGO.

8. Discharge of a firearm as prohibited by Sec. 25.06, MGO.

9. Crimes involving illegal possession of firearms as defined in ss. 941.23, 941.26, 941.28, 941.29 and 948.60, Wis. Stats.

10. Trespass to land as defined in s. 943.13, Wis. Stats. or criminal trespass to dwelling as defined in s. 943.14, Wis. Stats, or unlawful trespass as prohibited in Sec. 23.07, MGO.

11. Obstructing a street or sidewalk, as prohibited by Sec. 10.23(1), MGO.

12. Theft as defined in s. 943.20, Wis. Stats.

13. Arson as defined in s. 943.02, Wis. Stats.

14. Depositing rubbish as prohibited by Sec. 10.17, MGO.

15. Keeping a place of prostitution as defined in or s. 944.34, Wis. Stats.

16. Loitering for the purposes of prostitution as prohibited by Sec. 26.08, MGO.

17. Loitering for purposes of soliciting prostitutes, as prohibited by Sec. 26.085, MGO.

18. Prostitution as prohibited by s. 944.30, Wis. Stats.

19. Soliciting prostitutes as prohibited by s. 944.32, Wis. Stats.

20. Pandering as prohibited by s. 944.33, Wis. Stats.

21. Loitering for purposes of soliciting prostitutes, as prohibited by Sec. 26.085, MGO.

22. Possessing an open container which contains alcohol beverages or consuming alcohol beverages upon any public street as prohibited by Sec. 38.08(7) of these ordinances.

23. Selling, offering for sale or giving away of any intoxicating liquors or fermented malt beverages without a license as provided in Sec. 38.05(1), MGO, or s. 125.04(1), Wis. Stats.

24. Possession, manufacture, distribution or delivery of a controlled substance or related offenses as defined in ch. 961, Wis. Stats.

25.
Maintaining a drug dwelling as defined in Sec. 961.42 of the Wisconsin Statutes.
26. Illegal gambling as defined in s. 945.02, Wis. Stats.

27. Owning, keeping or harboring a dangerous animal, as defined in Sec. 25.22, MGO.

28. Violations of the Minimum Housing Code, as prohibited by Ch. 27, MGO.

Even more interesting to me is that Jennifer Zilavny from the City Attorney’s office keeps promising me that eviction is not going to be the primary result of of this new ordinance, however, I think the police department has something else in mind. In fact, they even say so in their letter.

Property owners could be subject to a variety of nuisance abatement actions. Renters could face non-renewal or eviction.

Once the word starts to spread that people are getting evicted and non-renewed due to police calls, do you think that renters in these neighborhoods will be calling the police, even when they need help themselves? Or will that be something that they avoid because they are afraid (justifiably or unjustified) of losing their housing? And will that be a good effect for the neighborhoods, or will it have unintended consequences?

And even more interesting, the police have been promising that this will only get used about 10 times per year. With this new crackdown, if the police take is seriously, it sounds like it could be used 10 times in the first month of the ordinance, especially since it includes some more minor ordinances like noise or littering.

All I can say is, I’m glad I don’t live on the Westside. I wonder how many of the people who wanted these things to happen will get caught for speeding, walking their dog without a leash, jogging in the park too early in the morning or their kid gets a ticket for curfew and how they’re going to feel about that? Or is this new zero tolerance policy only going to be enforced against “those people”?

p.s. That the info I was looking for from the police department about their budget was right there on my computer. Once I knew how to get it out of the financial program, I was able to print of the reports in less than 5 minutes. And if I drill down, I could probably get even more information.

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