[Adopted 8-9-1994 by Ord. No. 94-52; amended 9-9-1997; 7-12-1999; 2-25-2002; 10-14-2002; 7-26-2004]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village of Sherwood.
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.
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
regulated or prohibited by Village ordinances or state statutes:
A.
Adulterated food. All decayed, harmfully adulterated or unwholesome
food or drink sold or offered for sale to the public.
B.
Unburied carcasses. Carcasses of animals, birds or fowl not intended
for human consumption or foods which are not buried or otherwise disposed
of in a sanitary manner within 24 hours after death.
C.
Breeding places for vermin, etc. Accumulations of decayed animal
or vegetable matter, 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.
Stagnant water. All stagnant water in which mosquitoes, flies or
other insects can multiply.
E.
Garbage cans. Garbage cans or other containers which are not flytight.
F.
Noxious weeds, rank growth, and native and naturalized plants; regulation
of all noxious weeds and other rank growth of vegetation.
[Amended 3-10-2014]
(1)
NATIVE AND NATURALIZED PLANTS
NOXIOUS WEEDS
RANK GROWTH
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Ferns, wildflowers and native grasses, not including turf
grasses, that may be grown in a managed landscape, shall have a six-foot
setback from all property lines and structures and be cut to a maximum
height of nine inches once annually by July 15. Anyone maintaining
a natural landscape must register with the Village Administrator.[1]
Defined as in §§ 23.235 and 66.0407, Wis.
Stats., to include Canada thistle, leafy spurge, field bindweed (creeping
jenny), any nonnative member of the genus lythrum (purple loosestrife)
or hybrids thereof, and multiflora rose.
Lawns, grasses, and other vegetative growth on undeveloped
lots or platted parcels of land which exceed eight inches in length,
except for the portion of property located in a designated floodplain,
wetland, or stormwater detention area.
(2)
Regulation.
(a)
Notification
(one-time). In accordance with § 66.0407, Wis. Stats., the
Village Clerk-Treasurer shall annually, on or before May 15, publish
a Class 2 notice and post at the official posting location(s) of the
Village the requirement of every person by law to destroy all noxious
weeds and to cut all other grass or vegetation under his control on
developed and undeveloped platted parcels the person owns, occupies,
or exercises control over.
(b)
Mailing
(nonresident owners). On or before May 15, the Village Clerk-Treasurer
shall send one notice of a property owner's obligations under this
subsection by first-class mail to all nonresident parcel owners.
(c)
Publications.
To the extent possible, in a timely fashion, the Village newsletter,
web page, etc., shall provide a reminder of property owners' obligations
under this subsection related to weeds, rank growth, native and naturalized
plants regulation and the change to a once-annual notification.
(d)
Notification
limited. The above-stated notifications constitute the entire obligation
of the Village Clerk-Treasurer to notify property owners. No additional
notification need nor shall be provided during the growing season.
G.
Water pollution. 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.
H.
Noxious odors, etc. Any use of property, substances or things within
the Village or within four miles thereof 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 Village. The above
provisions are not intended to prevent normal farming operations within
the prescribed areas.
I.
Street pollution. 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 Village.
J.
Animals at large. All animals running at large.
K.
Accumulations of refuse. Accumulations of old cans, lumber, elm firewood
and other refuse.
L.
Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash or industrial dust within the Village 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.[2]
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 regulated
or prohibited by Village ordinances or state statutes:
A.
Disorderly houses. 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.
Gambling devices. All gambling devices and slot machines.
C.
Unlicensed sale of liquor and beer. 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 Village.
D.
Continuous violation of Village ordinances. Any place or premises
within the Village where Village ordinances or state laws relating
to public health, safety, peace, morals or welfare are openly, continuously,
repeatedly and intentionally violated.
E.
Illegal drinking. 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 Village.
F.
Public urination and defecation. It shall be unlawful for any person
to urinate or defecate outdoors in any area open to public view.
(1)
Portable restrooms required. It shall be required that all construction,
demolition, or other work sites where private or public restrooms
are not available shall have portable, properly maintained restrooms
on site for the duration of the project or, in the case of residential
and commercial construction, until final occupancy is given.
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 regulated or prohibited by Village
ordinances or state statutes:
A.
Signs, billboard, etc. 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.
Illegal buildings. All buildings erected, repaired or altered in
violation of the provisions of the ordinances of the Village relating
to materials and manner of construction of buildings and structures
within the Village.
C.
Unauthorized traffic signs. 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 its color, location, brilliance or manner of operation, interferes
with the effectiveness of any such device, sign or signal.
D.
Obstruction of intersections. 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.
Tree limbs. All limbs of trees which project over a public sidewalk
less than 10 feet above the surface thereof and all limbs which project
over a public street less than 14 feet above the surface thereof.
F.
Dangerous trees. All trees which are a menace to public safety or
are the cause of substantial annoyance to the general public.
G.
Fireworks. All use or display of fireworks except as provided by
the laws of the State of Wisconsin and ordinances of the Village.
H.
Dilapidated buildings. All buildings or structures so old, dilapidated
or out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human use.
I.
Wires over streets. All wires over streets, alleys or public grounds
which are strung less than 15 feet above the surface thereof.
J.
Noisy animals or fowl. 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 Village.
K.
Obstructions of streets; excavations. All obstructions of streets,
alleys, sidewalks, or crosswalks and all excavations in or under the
same, except as permitted by the ordinances of the Village or which,
although made in accordance with such ordinances, are kept or maintained
for an unreasonable or illegal length of time after the purpose thereof
has been accomplished, or which do not conform to the permit.
(1)
Street sweeping. Construction, demolition or other work sites are
required to maintain a street free from mud, gravel, or other obstructions
at the end of each workday.
L.
Open excavations. All open and unguarded pits, wells, excavations,
or unused basements accessible from any public street, alley or sidewalk.
M.
Abandoned refrigerators. All abandoned refrigerators or iceboxes
from which the doors and other covers have not been removed or which
are not equipped with a device for opening from the inside.
N.
Flammable liquids. Repeated or continuous violations of the ordinances
of the Village or laws of the state relating to the storage of flammable
liquids.
P.
Junk vehicles. All junked, disassembled, inoperable or wrecked motor
vehicles, or parts thereof, which have been allowed to remain outside
of any building upon public or private property for a period in excess
of three days, unless in connection with an automotive sales or repair
business located in a properly zoned area.
Q.
Debris. Any construction debris or materials, unsightly debris, trash,
wood, bricks, washing machines, refrigerators or junk such as may
tend to depreciate property values or be detrimental to the appearance,
neatness and cleanliness of the neighborhood, provided that nothing
in this subsection shall prohibit reasonable storage of construction
materials during the construction of any building or structure, and
construction debris shall be contained within adequately sized dumpsters
placed on site as recommended by the Village Administrator.[2]
No person shall store firewood in the front yard on residentially zoned property, except that firewood may be temporarily stored in the front yard for a period of 14 days from the date of its delivery. Firewood shall be neatly stacked and may not be stacked closer than one foot to any lot line and not higher than five feet from grade, except adjacent to a fence, where firewood can be stacked against the fence as high as the fence. All brush, debris and refuse from processing of firewood shall be promptly and properly disposed of and shall not be allowed to remain on the premises. Not more than 10% of the side yards and rear yard may be used for storage of firewood at any one time. The definitions in Chapter 22, Zoning, of this Code apply to this section.
It shall be unlawful for any person to make, continue or cause
to be made or continued any loud and unnecessary noise.
A.
Types of loud and unnecessary noises. The following acts are declared
to be loud, disturbing and unnecessary noises in violation of this
section, but this enumeration shall not be deemed to be exclusive:
(1)
Horns, signaling devices. The sounding of any horn or signaling device
on any automobile, motorcycle or other vehicle on any street or public
place in the Village for longer than three seconds in any period of
one minute or less, except as a danger warning; the creation of any
unreasonable loud or harsh sound by means of any signaling device
and the sounding of any plainly audible device for an unnecessary
and unreasonable period of time; the use of any signaling device except
one operated by hand or electricity; the use of any horn, whistle
or other device operated by engine exhaust; and the use of any signaling
device when traffic is for any reason held up.
(2)
Radios, phonographs, similar devices. The using, operating or permitting
to be played, used or operated of any radio receiving set, musical
instrument, phonograph or other machine or device for the producing
or reproducing of sound in a loud and unnecessary manner. The operation
of any set, instrument, phonograph, machine or device between the
hours of 10:00 p.m. and 7:00 a.m. in a manner as to be plainly audible
at the property line of the building, structure or vehicle in which
it is located shall be prima facie evidence of a violation of this
section.
(3)
Loudspeakers, amplifiers for advertising. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker, sound amplifier, or other
machine or device for the producing or reproducing of sound which
is cast upon the public streets for the purpose of commercial advertising
or attracting attention of the public to any building or structure.
Announcements over loudspeakers can only be made by the announcer
in person and without the aid of any mechanical device.
(4)
Animals, birds. The keeping of any animal or bird which causes frequent
or long, continued unnecessary noise.
(5)
Steam whistles. The blowing of any steam whistle attached to any
stationary boiler except to give notice of the time to begin or stop
work or as a warning of fire or danger or upon request of proper Village
authorities.
(6)
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine or motorboat except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(7)
Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building, as well as the operation
of any pile driver, steam shovel, pneumatic hammer, derrick, steam
or electric hoist, or any other similar equipment attended by loud
or unusual noise, other than between the hours of 7:00 a.m. and 10:00
p.m. on weekdays; provided, however, that the Building Inspector shall
have the authority, upon determining that the loss or inconvenience
which would result to any party in interest would be extraordinary
and of such nature as to warrant special consideration, to grant a
permit for a period necessary, within which time such work and operation
may take place within the hours of 10:00 p.m. to 7:00 a.m.
(8)
Schools, churches, hospitals. The creation of any excessive noise
on any street adjacent to any school, institution of learning or church
while in use, or adjacent to any hospital, which unreasonably interferes
with the normal operation of that institution, or which disturbs or
unduly annoys patients in the hospital, provided that conspicuous
signs are displayed in those streets indicating a school or hospital
street.
(9)
Compression braking devices (jake brakes). It shall be unlawful for
any vehicle equipped with a compression braking device (jake brakes)
to use this device to contain the engine's compression, thus rapidly
slowing the engine's revolutions per minute and the vehicle's speed,
except in cases of extreme emergency.
B.
The provisions
of this section shall not apply to:
(1)
Any vehicle of the Village while engaged in necessary public business.
(2)
Excavations or repairs of streets or other public construction by
or on behalf of the Village, county, or state at night when public
welfare and convenience render it impossible to perform such work
during the day.
(3)
The reasonable use of amplifiers or loudspeakers in the course of
public addresses which are noncommercial in nature.
The Village or its refuse contractor shall provide receptacles
for refuse collection. The costs for the receptacle shall be charged
against the real estate as a special charge.
[Amended 3-10-2014]
A.
Enforcement. The Village Administrator, or his designee, shall enforce
the provisions of this article that come within the jurisdiction of
his office and shall make periodic inspections and inspections upon
complaint to ensure such provisions are not violated. No action shall
be taken under this section to abate a public nuisance unless the
officer shall have inspected or caused to be inspected the premises
where the nuisance is alleged to exist and become satisfied that a
nuisance does exist.
B.
Summary abatement. If the inspecting officer determines that a public
nuisance exists and there is great and immediate danger to the public
health, safety, peace, morals or decency, the Village Administrator
may direct proper personnel to cause the same to be abated and charge
the cost thereof to the owner, occupant or person causing, permitting
or maintaining the nuisance, as the case may be.
C.
Abatement after notice. If the Village Administrator or his designee determines that a public nuisance exists on private premises but the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, notice shall be served on those causing or maintaining the nuisance to remove the same within 10 days as provided in Subsection B, excepting noxious weeds, rank growth, and native and naturalized plants, which are regulated separately in § 7-10F and shall be removed immediately.
D.
Other methods not excluded. Nothing in this article shall be construed
as prohibiting the abatement of public nuisances by the Village or
its officials in accordance with the laws of the State of Wisconsin.
[Amended 3-10-2014[1]]
In addition to any other penalty imposed by this article for
the erection, contrivance, creation, continuance or maintenance of
a public nuisance, the cost of abating a public nuisance by the Village
shall be collected as a debt from the owner, occupant or person causing,
permitting or maintaining the nuisance. Such cost shall be assessed
against the real estate as a special charge.
