[HISTORY: Adopted by the Common Council of
the City of Lodi as Ch. 12 of the City Code. Amendments noted where
applicable.]
No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the City of
Lodi.
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 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.
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.
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.
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]
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)
Inspection
of hazardous conditions relating to trees, shrubs or plants. The Director
of Operations, or designee, shall inspect or cause inspection of any
trees, shrubs or plants reported or suspected to be infected with
an injurious insect or disease. 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.
[Added 7-23-2019 by Ord. No. A-542[1]]
(a)
Any tree, shrub or part thereof, which by reason of its condition,
interferes with the use of any public area or is infected with a disease
or insect infestation which endangers life, health, safety and/or
property on public and/or private premises, or for any other reason
endangers the life, health, safety and/or property on public and/or
private premises may be declared a public nuisance.
[1]
Editor's Note: This ordinance also redesignated former Subsection
A(2) as Subsection A(3).
(3)
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.
[Amended 10-10-2006 by Ord. No. A-361; 7-23-2019 by Ord. No. A-542]
(1)
Notice to owner. If the inspecting officer determines
that a public nuisance exists within the City and that there is great
or immediate danger to the public health, safety, peace, morals or
decency, the Mayor may direct the Chief of Police or Director of Operations
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 the designated amount of time in the notice.
(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 or Director of Operations
may cause the abatement or removal of such public nuisance.
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 or
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; 7-23-2019 by Ord. No. A-542]
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.
[Amended 7-23-2019 by Ord. No. A-542]
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 assessment
charge.
