City of Lodi, WI
Columbia County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Lodi as Ch. 12 of the City Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 104.
Animals — See Ch. 114.
Brush, grass and weeds — See Ch. 122.
Outdoor burning — See Ch. 134.
Peace and good order — See Ch. 253.
Sewer use and wastewater disposal — See Ch. 272.
Solid waste — See Ch. 289.

§ 234-1 Public nuisances prohibited.

No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City of Lodi.

§ 234-2 Public nuisance defined.

A public nuisance is a thing, act, occupation, condition, or use of property which shall continue for such length of time as to:
A. 
Substantially annoy, injure, or endanger the comfort, health, repose or safety of the public.
B. 
In any way render the public insecure in life or in the use of property.
C. 
Greatly offend the public morals or decency.
D. 
Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.

§ 234-3 Public nuisances affecting health.

The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 234-2 of this chapter:
A. 
All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
B. 
Carcasses of animals or birds not intended for human consumption or food which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
C. 
Accumulation of decayed animal or vegetable matter, dung, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed.
D. 
All stagnant water in which mosquitoes, flies or other insects can multiply.
E. 
Privy vaults and garbage cans which are not flytight.
F. 
All noxious weeds and other rank growth of vegetation.
G. 
All animals running at large.
H. 
The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the City limits or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property in the City.
I. 
The pollution of any public well or cistern, stream, lake, canal, or other body of water by sewage, creamery or industrial wastes or other substances.
J. 
Any use of property, substances or things within the City emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, gases, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the City.
K. 
All abandoned wells not securely covered or secured from public use.
L. 
Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the City.

§ 234-4 Public nuisances offending morals and decency.

The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of § 234-2 of this chapter.
A. 
All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling.
B. 
All gambling devices and slot machines.
C. 
All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by the ordinances of the City of Lodi.
D. 
Any place or premises within the City where City ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
E. 
Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the State of Wisconsin or ordinances of the City.

§ 234-5 Public nuisances affecting peace and safety.

The following acts, omissions, places, conditions and things are hereby declared to be public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of § 234-2 of this chapter:
A. 
All signs and billboards, awnings and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety.
B. 
All buildings erected, repaired or altered within the fire limits of the City of Lodi in violation of the provisions of the ordinances of the City relating to materials and manner of construction of buildings and structures within said district.
C. 
All unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railway crossing which purport to be or may be mistaken as an official traffic control device, railroad sign or signal or which because of their color, location, brilliance or manner of operation interfere with the effectiveness of any such device, sign or signal.
D. 
All trees, hedges, billboards or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.
E. 
All limbs of trees which project over and less than 14 feet above the surface of a public street or alley or less than 10 feet above the surface of a sidewalk or any other public place.
[Amended 10-10-2006 by Ord. No. A-361]
F. 
All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the City.
G. 
All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
H. 
All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.
I. 
All loud, discordant and unnecessary noises or vibrations of any kind.
J. 
The keeping or harboring of any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or making of other noises shall greatly annoy or disturb a neighborhood or any considerable number of persons within the City.
K. 
All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the City, or which, although made in accordance with such ordinances, are kept or maintained for any unreasonable or illegal length of time after the purpose thereof has been accomplished.
L. 
All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
M. 
All abandoned industrial, commercial or household appliances from which the door and other covers have not been removed or which are not equipped with a device for opening all doors or other covers from the inside of all compartments.
[Amended 11-17-2009 by Ord. No. A-407]
N. 
Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
O. 
Repeated or continuous violations of the ordinances of the City or laws of the State of Wisconsin relating to the storage of flammable liquids.
P. 
All snow and ice not removed or sprinkled with ashes, sawdust or sand as provided in Chapter 295, Streets and Sidewalks, § 295-5, of this Code.
Q. 
Any swimming pool which is not surrounded by a fence adequate to prevent entry to the pool area by young children.
[Amended 10-10-2006 by Ord. No. A-361]

§ 234-6 Abatement of public nuisances.

A. 
Inspections; enforcement authorization.
[Amended 10-10-2006 by Ord. No. A-361]
(1) 
Inspection of premises. Whenever complaint is made to the Mayor that a public nuisance exists within the City, he may notify the Chief of Police or Building Inspector, who shall forthwith inspect or cause to be inspected the premises complained of and shall make a written report of his findings to the Mayor. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the Clerk.
(2) 
Enforcement authorizations.
[Added 6-3-2014 by Ord. No. A-470]
(a) 
Right of entry. The Chief of Police or Building Inspector, or their designee, is the enforcement officer for the Nuisances Code. Upon presentation of credentials, the Chief of Police or Building Inspector, or their designee, shall have the right to request entry, at any reasonable time, to all public or private properties for purpose of inspection, observation, measurement, sampling or testing necessary for the enforcement of the Nuisances Code.
(b) 
Special inspection warrants. In the event that complaints or reasonable concerns exist as to the compliance by a public or private property owner with the Nuisances Code, and the owner or custodian of the property declines requests for entry for the purpose of inspection, observation, measurement, sampling or testing necessary for the enforcement of the Nuisances Code, the Chief of Police or Building Inspector, with the assistance of the City Attorney, may obtain a special inspection warrant pursuant to § 66.0119, Wis. Stats., to determine compliance and assist with enforcement of the Nuisances Code.
B. 
Summary abatement.
(1) 
Notice to owner. If the inspecting officer shall determine that a public nuisance exists within the City and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Mayor may direct the Chief of Police to serve notice on the person causing, permitting or maintaining such nuisance or upon the owner or occupant of the premises where such nuisance is caused, permitted or maintained and to post a copy of said notice on the premises. Such notice shall direct the person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 24 hours and shall state that unless such nuisance is so abated, the City will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.
(2) 
Abatement by the City. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Chief of Police may cause the abatement or removal of such public nuisance.
[Amended 10-10-2006 by Ord. No. A-361]
C. 
Abatement by court action. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall file a written report of his findings with the Mayor, who may cause an action to abate such nuisance to be commenced in the name of the City in Circuit Court in accordance with the provisions of Ch. 823, Wis. Stats.
[Amended 10-10-2006 by Ord. No. A-361]
D. 
Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the State of Wisconsin.

§ 234-7 Cost of abatement.

In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the City shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, such cost shall be assigned against the real estate as a special charge.

§ 234-8 Violations and penalties.

[Amended 10-10-2006 by Ord. No. A-361]
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-3, of this Code.