[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991
as §§ 6-1-1, 6-1-2 and 6-1-4 and Title 9, Ch. 7 of the 1991
Code. Amendments noted where applicable.]
The Town Board, acting as Board of Health, may make reasonable and general rules for the enforcement of the provisions of this chapter and for the prevention of the creation of health nuisances and the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Board shall be subject to the general penalty provided for in Chapter 1, § 1-3 of this Code.
A health nuisance is any source of filth or cause of sickness. The Town
Board shall abate health nuisances pursuant to § 254.59, Wis. Stats.,
which is adopted by reference and made a part of this section.
No person shall deposit or cause to be deposited in any public street
or on any public ground or on any private property not his own any refuse,
garbage, litter, waste material or liquid or any other objectionable material
or liquid. When any such material is placed on the person's own private property,
it shall be properly enclosed and covered so as to prevent the same from becoming
a public nuisance.
No person shall erect, contrive, cause, continue, maintain or permit
to exist any public nuisance within the Town of Cedarburg.
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 § 223-5:
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 food which are not buried or otherwise
disposed of in a sanitary manner within 24 hours after death.
C.
Breeding places for vermin. 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 which are not flytight.
F.
Noxious weeds. All noxious weeds and other rank growth
of vegetation.
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. Any use of property, substances or things
within the Town 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 Town.
I.
Street pollution. Any use of property which shall cause
any nauseous or unwholesome liquid or substance to flow into or upon any street,
highway, ditch, sidewalk or public place within the Town.
J.
Animals. All animals running at large, including:
(1)
The enticing, baiting or feeding of any migratory birds
or fowl so as to cause them to abandon their migration habit and become semi-domestic
in any area zoned residential within said Town.
(2)
The keeping or raising of doves or pigeons, except in
a dove cote maintained in a clean, sanitary condition, devoid of all rodents
and vermin and free from all odors. The interior walls, ceilings, floors,
partitions and appurtenances of all such structures shall be whitewashed or
painted annually.[1]
K.
Accumulations of refuse. Accumulations of old cans, lumber,
elm firewood, concrete, brick and asphalt construction and paving materials,
and other refuse.
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 § 223-5:
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 in the ordinances of the Town.
D.
Continuous violation of Town ordinances. Any place or
premises within the Town where Town 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 Town.
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 definition of § 223-5:
A.
Signs, billboards and awnings. 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 Town relating
to materials and manner of construction of buildings and structures within
the Town.
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 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.
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 Town.
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 Town.
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 Town, 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.
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 Town or laws of the state relating to the storage
of flammable liquids.
A.
Enforcement. The Town Administrator, Town Constable and
the Building Inspector 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 shall have inspected or caused to be inspected
the premises where the nuisance is alleged to exist and shall have satisfied
himself that a nuisance does in fact exist.
B.
Summary abatement. If the inspecting officer shall determine
that a public nuisance exists within the Town and that there is great and
immediate danger to the public health, safety, peace, morals or decency, the
Town Chairperson, upon the recommendation of the appropriate department head,
may direct the proper officer 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 inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public 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 such 10 days, the proper officer 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 Town
or its officials in accordance with the laws of the State of Wisconsin.
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 Town shall be collected as a debt
from the owner, occupant or person causing, permitting or maintaining the
nuisance, such cost to be assessed against the real estate as a special charge.
