New Ordinances Target Problem Renters, Involve Landlords

Two new ordinances were recently added to the Chippewa Falls Municipal Code to aid the police department in dealing with problematic renters and home owners in the city.  The ordinances address loud parties and/or gatherings at places of habitation.  The scenario typically involves a house party or gathering that has grown loud enough to disturb the peace of neighboring residents.  Our agency routinely would respond to such a call by making contact with a responsible person at the problem residence.  On our first visit the tenant/occupant/owner is usually just warned that their gathering, or the behavior of person(s) on the property, is in some way breaching the peace of neighboring residents (i.e. loud music). The person is cautioned that, if the breach (noise, music, yelling) continues, they, as the person responsible for the property, will be cited for Loud and Unnecessary Noise or Disorderly Conduct.  But what has been happening more frequently lately is that no one will answer the door.  Or the lights will go off and everything will go quiet while we’re standing outside but as soon as we leave the party or noise fires up again.  Without being able to determine who is responsible, there was no one individual we could warn or cite for the violation.  Occasionally we know who rents, owns or is otherwise responsible for the property but, without being able to confirm the person is actually present, we still are limited in our enforcement options.

The first new ordinance, 9.075 Loud Parties or Gatherings, gives us more options.  It says “No resident or person occupying or having charge of any premises, or part thereof, shall cause or allow any loud, excessive, disturbing or unnecessary noise in or on the premises while hosting or permitting a party, social gathering, meeting or assembly of any kind, where such noise would disturb the peace, quiet, comfort or repose of other persons therein or in the vicinity. As in the past we will respond to the problem and issue an order to cease and desist the disturbing activity. This order may be given orally, telephonically, electronically or in writing.  The order may be given to the owner, a resident, or a person appearing to have charge of the premises or, if none of those persons can be identified or located, or if there is a refusal to provide such information, the order may be given to any person who appears to be part of the event.  If there is then a refusal to obey and/or abide by the order, any resident, or person occupying or having charge of any part of the premises shall be guilty of this violation and will likely be cited.  The way this ordinance is written it can still be used even if no one comes to the door. We will make an announcement at the premises that occupants or attendees will certainly be able to hear, or post the warning in writing on a window.  We will determine who owns the property and then who, if anybody, leases or is listed as a renter on that property.  That person of record will then be cited for allowing the disturbance to occur or continue on that premises.

The second new ordinance, 9.076 Responsibility of Owner or Occupant, then adds other responsibilities for the property owner, tenant or person in charge of the problem premises.  Following such an event wherein a person was cited for Loud and Unnecessary Noise, Disorderly Conduct, or the above new ordinance, or a person was arrested for Disorderly Conduct, the police department will notify the property owner and/or occupant that such an occurrence has occurred on his or her premises.  It is then the responsibility of that owner, tenant or person in charge of the premises to see that no such conduct or activities reoccur on that premises.  This ordinance states “no owner, tenant or person in charge of such premises shall knowingly permit any such conduct or activity to reoccur without making a timely, reasonable and bona fide attempt, verbally or in writing, to order or direct the cessation of such conduct or activity”.  If such activity reoccurs after we have notified the owner or occupant of a past violation, that owner or occupant can be cited unless he or she has made a reasonable, timely and verifiable attempt to prevent a reoccurrence. 

What this means for landlords is that we will notify you if one of your tenants or renters has been cited for one of the aforementioned offenses while on your property. It is then your responsibility to direct your tenants or renters to cease and desist from such conduct in the future.  If you do not make a bona fide attempt to stop a reoccurrence, and another incident occurs, you could receive a citation.  If, however, you can show us that you ordered your tenant or renter to cease and desist from such conduct, preferably by showing us a copy of a letter delivered to that person, you will not be held responsible.  The Police Department recognizes that most landlords are conscientious and responsible business people and taxpayers in our city, and likely take care of such problem tenants on their own.  For these landlords, this system should be of assistance because we will be notifying you of problems as they develop and will gladly work with you.  Many landlords plan to incorporate such rules of conduct into their lease or rental agreements, indicating that notice from the police of such breaches of peace may be grounds for eviction or termination of tenancy.  Unfortunately we have had to deal with a handful of landlords who are generally uncooperative, some even refusing to take or return our calls regarding misconduct on their property. For those few, this ordinance creates an incentive to be responsible and work cooperatively with law enforcement to maintain peace and order in our community.

For more information regarding these new ordinances, feel free to contact Lt. Mark S. Hanson at the Chippewa Falls P.D. at 715-723-4424