About this column:
Rik Kluessendorf is an attorney living in Port Washington. He has run a solo practice in the area for about four years, and can be reached by e-mailing rik.kluessendorf@gmail.com or calling 262-355-5466. Attorney at Large is a regular column appearing on Patch, focusing on the legal side of local issues.Frequently we complain about the restrictions and regulations that limit our American freedoms. Why am I limited to the number of pets I may have? Why am I restricted from owning badgers in the city? Why must I meet a federally mandated standard with my vehicle? Why must I wear a seat belt? Although we may disagree with these laws — and sometimes we absolutely should disagree with these laws — the fact remains that we in America still have one of the most free societies in the world. To illustrate the point, I will focus on one very specific area of laws that tugs at our very sense of …
As we all dream of a white Christmas — which we have only been able to enjoy about every other year or so lately — it also means we are waiting to enter the next phase of Wisconsin seasons: snow season. And snow season means removing snow. Anyone that lives on property with a city sidewalk has an obligation to clear the snow for the public. By municipal ordinance, all owners, tenants, occupants or others in charge or control of any such building must ensure that the sidewalk is clear of snow and ice within 24 hours of the end of a snow, sleet or freezing rain storm. Failure to do so may …
Having just gone through yet another year of deer hunting, there have been a number of questions with regard to convicted felons possessing weapons. To begin, the law is pretty clear on this — anyone who has been convicted of a felony may not possess a firearm in the state of Wisconsin, outside of some very limited exceptions, including military service and work as a peace officer. This means that a convicted felon may not hunt with a rifle ever in his lifetime — at least while the felony remains on his record. The law prohibiting felons from possessing firearms was enacted in 1981. …
As we hunker down to celebrate another Thanksgiving holiday, we get to watch as a turkey day tradition again rears its ugly head. Although Thanksgiving also has the reputation of bringing family together for a celebration feast, and sometimes driving them apart after too much “family-time,” the holiday has a history of bringing people together and stirring up political divisiveness. In Wisconsin, we get to watch the family bicker, again, as opponents of Gov. Scott Walker initiate the recall process against our governor. We all know the back story of Thanksgiving. It was originally a holiday …
Last week, Americans were again reminded of the vast difference between life in America and life abroad. Wilson Ramos, a major league baseball player with the Washington Nationals, went to his home in Venezuela to play winter ball. Being an American major league ballplayer, he naturally has some money behind him, and living in Venezuela — that money tends to be a bit more than his nonathletic countrymen make. While leaving his own house, a group of kidnappers held up his entire family at gunpoint, had Ramos enter a vehicle, and whisked him away into the mountains. There, the kidnappers held …
At each level of government, we have laws that are either so obscure or outdated that they are ridiculous and/or no longer enforced. These laws are often laws that are incredibly over specific or souvenir laws from times gone by. We are always in danger of new overly-specific laws that will quickly fall out of use or be unenforceable. These can range from local ordinance codes — something Port Washington should consider in it's approach to the beekeeping issue, as an example — all the way to any state laws reflecting the danger of the day. Wisconsin is quickly approaching the one-year …
One of the larger topics of discussion on Patch has been the local couple who have welcomed in thousands of bees to a hive on their residential property. Weighing very importantly into the story has been the question of legality. Can this couple, who said they had permission from the city administrator, have 75,000 bees outside of their residence? Answering that question will likely come down to language within the city's zoning laws. In plain terms, zoning laws are a way for municipalities to direct and organize development within their borders. These laws help to preserve the value of …
Criminal law is designed to be a crime and punishment system. If someone commits a crime, we have established punishments to accomplish clearly articulated goals — including punishment of the offender, protection of the community and deterrence for others considering the same conduct. In other words, the punishment is designed to stop the offender from repeating his criminal conduct and make other offenders stop before committing their own criminal conduct. The criminal theory relies on the fact that crimes are committed by choice — which theory is evidenced by our willingness to provide a …
From time to time, fairly public stories come up discussing what a criminal defendant receives in sentencing. There are often a number of terms that come out in news stories that can get rather confusing. News stories leave us wondering what, exactly, a withheld sentence means, why someone gets extended supervision and how a judge could impose only half of the available time against a defendant in prison, for instance. Sentencing terminology is again being thrown about the news with Milwaukee Sheriff David Clarke's criticism of the sentence given an immigrant drunk driver. Locally, there was …
Wisconsin will take a step away from its decades long tradition of criminalizing anyone carrying a weapon starting Nov. 1 as the carry conceal legislation goes into effect. Under previous Wisconsin law, in place since the 1960s, it was a crime for anyone other than a peace officer to go armed with a "concealed and dangerous weapon." Anyone found guilty of that crime faced a misdemeanor, punishable by up to 9 months in jail. For a conviction, a prosecutor would only need to show three things: That someone was carrying an object; That the object was a dangerous weapon; That the dangerous weapon…
As a cultural matter, the United States is a very lawsuit-prone country. We constantly hear stories about court battles and cases, about people suing other people or companies, and huge damage awards. We are sometimes entertained and sometimes outraged at the news that comes out of different courthouses. For the most part, lawsuits are viewed as a dirty lottery ticket — something that may win you a fortune, but something most people are uncomfortable talking or thinking about. In this context, I am specifically discussing lawsuits as the cases where an individual claims some injury and sues a…
Question: How many lawyer jokes are there? Answer: Just two, all the rest are true. OK — that's a joke, and here are a few more: Dime a dozen: A man who had been caught embezzling millions of dollars from his employers went to a lawyer seeking a defense. He didn't want to go to jail. His lawyer told him, “Don't worry. You'll never have to go to jail with all of that money.” The lawyer was right, when the man was sent to prison, he didn't have a dime. Four-legged thief: A lawyer's dog, running around unleashed, goes into a butcher shop and stole a roast. The butcher, knowing whose dog it was, …
It's no secret that Wisconsin has a strong drinking culture. That fact alone is not necessarily a terrible thing, but when drinking gets out of control or when drinking mixes with driving, the drinking culture becomes a serious problem — for example, when a local woman operating under the influence struck and injured a bicyclist. Given our drinking culture, how do we address alcohol on the roads? Our state and local drinking culture is undeniable. Although I have never been able to confirm the story, I heard an anecdote about a vehicle that pulled over on the side of the road somewhere near …
Steve Jobs, the founder of Apple computers, has been quoted as saying "Remembering that I'll be dead soon is the most important tool I've ever encountered to help me make the big choices in life. Because almost everything — all external expectations, all pride, all fear of embarrassment or failure — these things just fall away in the face of death, leaving only what is truly important." As a life tool, such thoughts can be very motivating. But, they also remind us that life goes on, even without us. Seeing as how we are generally good at collecting lots of things, that can leave a little bit …
As wonderful as the people of Saukville and Port Washington are, there are times when neighbors, friends or families simply can not get along. When people are very close to each other, emotions can run high and arguments can quickly get out of control. Worse, one party can become angry or threatening. Sometimes a whole relationship may be built on that anger or on threats. As the threatened party, people often feel helpless. The police generally do not have the manpower to run extra protection for individuals, and there is very little that they can do unless the threatening party has already …
Patch blogger Annie Bahringer wrote last week the possible presence of El Chupacabra in Port Washington. Of course, the term “Chupacabra” has, as she described, been used as a catch-all for any unexplained, hairless animal with any coyote-like quality to it at all. In Minnesota, for example, locals are still debating whether the roadkill "Chupacabra" found is proof of a mythical beast or simply a hairless badger. Here in Wisconsin, Juneau County residents claim to have stumbled upon some Chupacabra roadkill themselves. In any case, strange and non-native animal sightings are an increasing …
As of August 1, Port Washington's ambulance service is now operating at the paramedic level. Residents will be paying new rates — now beginning at $525 per trip, plus mileage at $12.75. The new rates are an increase of approximately 50% over 2010 rates. In exchange, residents will see a higher training level and more immediate treatment for certain life-threatening situations. The city appears to be considering an additional goal in generating revenue from neighboring communities as well. Although ambulance calls will be more expensive, this appears to be a complete win for the community, …
As the nation ponders its own fiscal solvency, one cannot help but look at the picture of debt and debt-related problems around us. Chief amongst these problems is the ongoing issue of foreclosure filings. Since the real estate bubble burst in 2008, the entire country has seen a plague of foreclosure filings. These filings have been in and out of the news, either because of misconduct by the banking industry, predatory industries stealing money from those in foreclosure and looking for a way out, or simply people in foreclosure who see a way to walk away from hundreds of thousands of dollars …
One of the greatest things about Port Washington is the fact that we are blessed with a beautiful, historic downtown along the lake. Buildings that date back to the 1850s, filled with little stores and restaurants that residents and tourists alike can wander through, spreading the gospels of commerce and camaraderie. The shop owners are our neighbors and friends — and often easy to find in their downtown workplaces. Many of these shop owners have recognized that staying near home has a huge value to it, in addition to the benefits and rewards of being their own bosses. For one thing, by …
The term “invasive species” has different meanings throughout the country. In Florida, natural resource officials are battling the problem of runaway pythons that are eating the native alligators. Several years back, Maryland had an issue with Asian fish that simply walked from lake to lake. The Mississippi river area is abuzz with stories of gigantic carp that jump out of the water at boaters. Here in Port Washington — and just in time for Fish Day — we have our own invasive species to deal with. Alewives. Dead little fish that are washing ashore by the thousands. To begin with, Lake …