[HISTORY: Adopted by the Village Board of
the Village of Waterford as Chapter 10 of the 1998 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 87.
Brush, noxious weeds and rank growth of vegetation — See Ch. 95.
Hazardous materials — See Ch.
137.
Health and sanitation — See
Ch. 142.
Intoxicating liquor and fermented malt beverages — See Ch. 148.
Property maintenance — See Ch. 178.
Solid waste — See Ch. 186.
Streets and sidewalks — See Ch. 191.
Trees — See Ch. 211.
Vehicles — See Ch. 218.
No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the Village.
A public nuisance is a thing, act, occupation,
condition or use of property which continues 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; or
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 specifically declared to be public health nuisances; but such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 165-2:
A.
Adulterated food: all decayed, 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 food 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 in which flies,
mosquitoes, disease-carrying insects, rats or other vermin can breed.
D.
Stagnant water: all stagnant water in which mosquitoes,
flies or other insects can multiply.
E.
Privy vaults and garbage cans: privy vaults and garbage
cans which are not fly-tight.
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 emitting or causing any foul, offensive,
noisome, 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.
I.
Street pollution: any use of property which causes
any noxious or unwholesome liquid or substance to flow into or upon
any street, gutter, alley, sidewalk or public place within the Village.
J.
Air pollution: the escape of smoke, soot, cinders,
noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric
pollutants within the Village 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 Village.
The following acts, omissions, places, conditions and things are 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 § 165-2:
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; any house, dwelling or premises where there
are continuous violations of Village ordinances, or there are repeated
(more than two in any six-month period) police calls for complaints
regarding problems including, but not limited to, noise, fights, violence,
disorderly conduct, or neighbor problems, whether or not a citation
is issued or an arrest is made. Citations under this section may be
given to the residents, tenants, lessees, and/or owners of the premises.
[Amended 1-23-2006 by Ord. No. 489]
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 Village ordinances.[1]
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 state laws.
The following acts, omissions, places, conditions and things are 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 definition of § 165-2:
A.
Signs, billboards, 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 Village ordinances
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 official traffic control devices, railroad signs or
signals or which, because of their color, location, brilliance or
manner of operation, interfere 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.
F.
Fireworks: all use or display of fireworks except
as provided by state laws and Village ordinances.
G.
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 or which have been determined to
be unreasonable to repair under Wis. Stat. § 66.0413.
H.
Wires and cables over streets. All wires and cables
over streets, alleys or public grounds which are strung less than
15 feet above the surface thereof.
I.
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, greatly annoys or disturbs
a neighborhood or any considerable number of persons within the Village.[2]
J.
Street and sidewalk obstructions and 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,[3] or those 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
do not conform to the permit.
K.
Unlawful assemblies: 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. Any assembly of three or more persons which tends to
become loud, noisy or unruly or which tends to obstruct traffic and
the free use of the streets or sidewalks shall be considered an unlawful
assembly.[4]
[4]
Editor's Note: Former § 10.06, Littering
prohibited, which immediately followed this section, was deleted 1-23-2006
by Ord. No. 489.
[Amended 12-9-1996 by Ord. No. 346; 2-25-2008 by Ord. No.
526]
A.
Enforcement. The Chief of Police, the Chief of the
Fire Department, the Building Inspector, the Health Officer and the
Village Forester shall enforce those provisions of this chapter that
come within the jurisdiction of their offices, and they shall make
periodic inspections and inspections upon complaint to ensure that
such provisions are not violated. No action shall be taken under this
section to abate a public nuisance unless the officer has inspected
or caused to be inspected the premises where the nuisance is alleged
to exist and is satisfied that a nuisance does in fact exist.
B.
Emergency abatement.
(1)
Order of abatement. If the inspecting officer determines
that a public nuisance exists within the Village and that there is
imminent danger to the public health, safety, peace, morals or decency,
the officer may issue an order reciting the existence of a public
nuisance constituting imminent danger to the public and requiring
immediate action be taken as the officer deems necessary to abate
the nuisance. The order shall be served personally on the owner of
the premises, as well as the occupant if different from the owner
and applicable to the described nuisance. If the owner is not present
in the Village, the order shall be communicated to the owner by telephone,
fax, or computerized communication, and the original order shall be
served personally or sent by certified mail, return receipt requested,
to the owner. Notwithstanding any other provisions of this chapter,
the order shall be effective immediately. Any person to whom such
order is directed shall comply with the order immediately.
(2)
Abatement by Village. Whenever the owner or occupant
shall refuse or neglect to remove or abate the condition described
in the order, the inspecting officer shall, in his or her discretion,
enter upon the premises and cause the nuisance to be removed or abated,
and the Village shall recover the expenses incurred thereby from the
owner or occupant of the premises or from the person who has caused,
permitted or maintained the nuisance.
C.
Nonemergency abatement.
(1)
Order to abate nuisance. If the inspecting officer
determines that a public nuisance exists on private premises but that
the nature of such nuisance is not such as to threaten imminent danger
to the public health, safety, peace, morals or decency, the inspector
shall issue an order reciting the existence of a public nuisance and
requiring the owner or occupant of the premises to remove or abate
the condition described in the order within the time period specified
therein. The order shall be served personally on the owner of the
premises, as well as the occupant if different from the owner and
applicable to the described nuisance, or, at the option of the inspecting
officer, the notice may be mailed to the last known address of the
person, to be served by certified mail with return receipt. If the
owner or the occupant cannot be served in person or by certified mail,
the order may be served by posting it on the main entrance of the
premises and by publishing it as a Class 3 notice under Ch. 985, Wis.
Stats. The time limit specified in the order runs from the date of
service or publication and shall be not less than 30 days.
(2)
Abatement by Village. If the owner or occupant fails
or refuses to comply within the time period prescribed, the inspecting
officer shall enter upon the premises and cause the nuisance to be
removed or abated, and the Village shall recover the expenses incurred
thereby from the owner or occupant of the premises or from the person
who has caused or permitted the nuisance.
(3)
Remedy from order. Any person affected by such order
shall, within 30 days of service or publication of the order, apply
to the Circuit Court for an order restraining the Village and the
inspecting officer from entering on the premises and abating or removing
the nuisance, or be forever barred. The court shall determine the
reasonableness of the order for abatement of the nuisance.
D.
Other methods not excluded. Nothing in this chapter
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.
E.
Court order. Except when necessary under Subsection B, an officer hereunder shall not use force to obtain access to private property to abate a public nuisance but shall request permission to enter upon private property if such premises are occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
[Amended 2-25-2008 by Ord. No. 526]
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 Village shall be collected as a debt from the owner,
occupant or person causing, permitting or maintaining the nuisance;
and if an order to abate the nuisance has been given to the owner,
and the cost remains unpaid, such cost shall be assessed against the
real estate as a special charge.
