City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Secs. 9.06, 11.01 through 11.04, 11.07 through 11.09 and 11.15 of the Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Cigarettes and tobacco products — See Ch. 93.
Drugs and drug paraphernalia — See Ch. 100.
Hazardous waste — See Ch. 133.
Nuisances — See Ch. 175.
Abandoned and obsolete property — See Ch. 198.
Property maintenance — See Ch. 201.
Solid waste — See Ch. 220.
Abandoned and junked vehicles — See Ch. 258.
Water and sewers — See Ch. 267.

§ 137-1 Health administration.

The Waukesha County Health Department shall have the power to enforce any provisions of this Code affecting the public health, unless jurisdiction is vested elsewhere, and may initiate any action on behalf of the city to prosecute a violation of this Code or to abate a public health nuisance. As used in this Code, "Health Officer" means the Waukesha County Health Department.

§ 137-2 Rules and regulations.

The Waukesha County Health Department may enact rules and regulations pertaining to health and sanitation which, when approved by the City Council, may be enforced within the city as city ordinances and violations thereof may be prosecuted by the Waukesha County Health Department.

§ 137-3 Adoption of state provisions for abatement of health nuisances.

Section 254.59, Wis. Stats., is adopted by reference and made a part of this chapter. The Waukesha County Health Department may enforce the provisions of such section within the city.

§ 137-4 Regulation of nuisance-type businesses.

A. 
Permit required. No person shall conduct within the city any business which has a tendency to create a public nuisance, except upon permit issued by the Health Officer and subject to such conditions as he may impose.
B. 
Definition. A business which has a tendency to create a public nuisance is one which, unless properly regulated, may create the condition creating a public nuisance as defined in Chapter 175, Nuisances, § 175-2 of this Code.
C. 
Enactment. This section is enacted pursuant to § 66.0415, Wis. Stats.

§ 137-5 Rendering plants prohibited.

No person shall construct or maintain a rendering plant or engage in the business of disposing and rendering of the bodies of dead animals or parts thereof within the city.

§ 137-6 Noxious weeds.

A. 
State law adopted. Section 66.0407, Wis. Stats., is adopted by reference and made a part of this section.
B. 
Defined. The following weeds are declared to be noxious in the city: Canadian Thistle, marijuana that is not grown or cultivated for lawful commercial purposes, English Charlock or Wild Mustard, Field Bindweed, commonly known as "Creeping Jenny," Goatsbeard, Field Dodder, Indian Mustard, Oxeye Daisy, Sow Thistle, Harmful Barberry, Bull Thistle, Poison Ivy, Ragweed, Leafy Spurge, Nodding Thistle, also known as "Musk Thistle," Burdock and Wild Parsnip.

§ 137-7 Obstruction of drainage prohibited without permit.

A. 
No person shall dam up or obstruct the passage of water through a watercourse, drainage ditch or any channel or depression through which surface water or stormwater drains by depositing stone, fill or material of any kind or by relocating or diverting the water in such watercourse, drainage ditch, channel or depression without first obtaining a permit from the Council for that purpose.
B. 
Application for such permit shall be made in writing to the Council and shall be accompanied by such engineering data as may be necessary to determine the land affected, the changes contemplated and the effect that such changes shall have on the surrounding drainage basin. The Council shall investigate such application and determine whether the public interest is affected, and a permit shall be granted if it shall be determined that the change in drainage can be accomplished without causing undue injury to adjoining premises by flooding or by interfering with the natural drainage of the area. Permits may be conditioned upon the work being done in a manner that will avoid or minimize injury to other premises.

§ 137-8 Littering prohibited.

No person shall throw, permit to be thrown or disperse, directly or indirectly, any glass, garbage, rubbish, waste, slop, dirty water or noxious liquid, or other litter or unwholesome substance, upon the streets, alleys, highways, public parks or other property of the city, or upon any private property not owned by him or upon the surface of any body of water within the city.

§ 137-9 Violations and penalties.

Except where otherwise provided herein, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder, upon conviction thereof, shall be subject to a penalty as provided by Chapter 1, General Provisions, § 1-18 of this Code.