Village of Balsam Lake, WI
Polk 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 Village Board of the Village of Balsam Lake 11-5-1990 as Ch. 10 and § 11.07 of the 1990 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 104.
Brush, grass and weeds — See Ch. 117.
Open burning — See Ch. 132.
Alcoholic beverages in public areas — See Ch. 180, Art. II.
Loitering — See Ch. 200.
Noise — See Ch. 221.
Peace and good order — See Ch. 240.
Property maintenance — See Ch. 247.
Sexually oriented businesses — See Ch. 260.

§ 227-1 Public nuisances prohibited.

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

§ 227-2 Public nuisance defined.

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.
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.

§ 227-3 Public nuisances affecting health.

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 under the definition of § 227-2:
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 insects or vermin. 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 containers. Privy vaults and garbage containers which are not flytight.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Noxious weeds. All noxious weeds and other rank growth of vegetation. All weeds and grass shall be kept cut to a height not to exceed one foot. The Village shall have the authority to cause all weeds and grass to be cut and removed and brush to be removed, and the cost thereof shall be charged to the owner of the property under § 66.0407, Wis. Stats.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See also Ch. 117, Brush, Grass and Weeds.
G. 
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 ordinary persons or threaten or cause substantial damage to property in the Village.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
H. 
Street pollution. Any use of property which causes any noxious or unwholesome liquid or substance to flow into or upon any street, highway, gutter, alley, sidewalk or public place within the Village.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
I. 
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.
J. 
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.

§ 227-4 Public nuisances offending morals and decency. [1]

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 § 227-2:
A. 
Gambling. All forms of gambling, lotteries and fraudulent devices and practices are prohibited, except as provided by state law.
B. 
Unlicensed sale of liquor and beer. All places where intoxicating beverages, fermented malt beverages and/or wine is sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by this Code.[2]
[2]
Editor's Note: See Ch. 180, Intoxicating Liquor and Fermented Malt Beverages.
C. 
Illegal drinking. Any place or premises resorted to for the purpose of consuming intoxicating beverages, fermented malt beverages and/or wine in violation of state statutes.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 227-5 Public nuisances affecting peace and safety. [1]

No person shall, within the Village, cause or create a public peace or safety nuisance or permit such nuisance to remain on the premises owned or occupied by him. The following are specifically declared to be nuisances disturbing the public peace or endangering the public safety:
A. 
Dangerous overhangs and trees.
(1) 
All trees, hedges, billboards or other obstructions which prevent persons driving motor vehicles on the Village streets or highways from having a clear view of traffic approaching an intersection from cross streets. All tree limbs which are less than 10 feet above the surface of any public sidewalk or 14 feet above the surface of any street or highway shall be cut or trimmed to compliance.
(2) 
All hanging signs, awnings and other similar structures over streets, highways, alleys or public ways within the Village projecting more than six feet over the sidewalks or so situated or constructed as to endanger the public safety.
B. 
Loud and unreasonable noises. No person shall make, cause to be made or continue to make any loud, disturbing or unreasonable sounds or noises such as may tend to annoy or disturb another in or about any public street, highway, alley, park, beach or private residence.[2]
[2]
Editor's Note: See also Ch. 221, Noise.
C. 
Open pits and excavations. All open or unguarded wells, cisterns, pools or excavations so located as to endanger public safety or the safety of children.
D. 
Unauthorized traffic signs. All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as an official traffic control device placed or maintained upon or in view of any public highway, street, or alley.
E. 
Damaged buildings. All buildings, walls and other structures which have been damaged by fire, decay or otherwise to an extent exceeding 1/2 their original value and which are so situated as to endanger the safety of the public.
F. 
Dilapidated or deteriorated buildings. All buildings or structures so old, dilapidated, deteriorated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use. "Dilapidated or deteriorated" is defined to mean the condition of a building or part thereof characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
G. 
Machinery. All dangerous, unguarded machinery in any public place or so situated or operated on private property as to attract the public.
H. 
Rainwater, snow or ice runoff. The allowing of rainwater, snow or ice to fall from any building or structure upon any street, highway or sidewalk or to flow across any sidewalk.
I. 
Continuous violation of Village ordinances. Any place or premises within the Village where Village ordinances or state statutes relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See also Ch. 221, Noise.

§ 227-6 Abatement.

A. 
Enforcement. The Village police, Fire Chief, Building Inspector and the Village and County Health Officers 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 has satisfied himself that a nuisance does, in fact, exist.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Summary abatement. If the inspecting official determines that a public nuisance exists within the Village and that there is great and immediate danger to the public health, safety, peace, morals or decency, the President may give the proper officer the authority for abatement, and the cost thereof shall be charged to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Abatement after notice. If the inspecting official determines that a public nuisance exists on private premises but that such nuisance does not threaten great and immediate danger to the health, safety, peace, morals or decency, he shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within 10 days, the proper official shall cause the nuisance to be removed as provided in Subsection B.
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.
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.
F. 
Abatement of health nuisances. The Health Officer, together with the Board of Health, shall have the power to abate health nuisances in accordance with § 254.59, Wis. Stats., which is hereby adopted by reference and made a part of this chapter as if fully set forth herein.

§ 227-7 Recovery of costs.

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 notice to abate the nuisance has been given to the owner, such cost shall be assessed against the real estate as a special charge.

§ 227-8 Violations and penalties.

Except as otherwise provided, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder, or permit or cause a public nuisance, shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Code.