Town of Cedarburg, WI
Ozaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Cedarburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 223.
Peace and good order — See Ch. 237.
Solid waste — See Ch. 273.
[Adopted 1-2-1991 as § 6-1-5 of the 1991 Code]

§ 246-1 Annual notice to destroy weeds.

The Town Clerk shall annually, on or before May 15, publish as required by state law a notice that every person is required by law to destroy all noxious weeds on lands in the Town which he owns, occupies or controls. A joint notice with other towns or municipalities may be utilized.

§ 246-2 Notice of violation; removal by Town; recovery of costs.

If the owner or occupant shall neglect to destroy any weeds as required by such notice, then the Weed Commissioner of the Town shall give five days' written notice by mail to the owner or occupant of any lands upon which the weeds shall be growing to the effect that said Weed Commissioner, after the expiration of the five-day period, will proceed to destroy or cause to be destroyed all such weeds growing upon said lands and that the cost thereof will be assessed as a tax upon the lands upon which such weeds are located under the provisions of § 66.0407, Wis. Stats. In case the owner or occupant shall further neglect to comply within such five-day notice, then the Weed Commissioner shall destroy such weeds or cause them to be destroyed in the manner deemed to be the most economical method, and the expense thereof, including the cost of billing and other necessary administrative expenses, shall be charged against such lots and be collected as a special tax thereon.

§ 246-3 Noxious weeds.

As provided for in § 66.0407(2), Wis. Stats., the Town shall require that all noxious weeds shall be destroyed prior to the time in which such plants would mature to the bloom or flower state. The growth of noxious weeds in excess of eight inches in height from the ground surface shall be prohibited within the Town corporate limits. Noxious weeds, as defined in this article, shall include the following:
A. 
Cirsium arvense (Canada Thistle).
B. 
Euphorbia esula (Leafy Spurge).
C. 
Convolvulus arvensis (Creeping Jenny) (Field Bind Weed).
D. 
Cirsium vulgaries (Bull Thistle).
E. 
Lythrum salicaria (Purple Loosestrife).
F. 
Alliaria petiolata (Garlic Mustard).
G. 
Rhamnus cathertica (Common Buckthorn).
[Added 5-5-2010 by Ord. No. 2010-10]
H. 
Rhamnus frangula (Glossy Buckthorn).
[Added 5-5-2010 by Ord. No. 2010-10]
I. 
Pastinaca sativa (Wild Parsnip).
[Added 5-5-2010 by Ord. No. 2010-10]
[Adopted 1-2-1991 as § 8-3-8 of the 1991 Code]

§ 246-4 Storage of automobiles restricted.

No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles shall be stored unenclosed outside a building upon private property within the Town for a period exceeding five days unless it is in connection with an authorized automotive repair or storage business enterprise located in a properly zoned area maintained in such a manner as to not constitute a public nuisance.

§ 246-5 Definitions.

As used in this article, the following terms shall have the meaning indicated:
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Motor vehicles, recreational vehicles, truck bodies, tractors, farm machinery or trailers in such state of physical or mechanical ruin as to be incapable of propulsion or being operated upon the public streets or highways or otherwise not in safe or legal condition for operation on public streets or highways due to missing or inoperative parts, flat or removed tires, expired or missing license plates or other defects.
INOPERABLE APPLIANCE
Any stove, washer, refrigerator or other appliance which is no longer operable in the sense for which it was manufactured.
MOTOR VEHICLE
Is defined in § 340.01(35), Wis. Stats.
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Motor vehicles, truck bodies, tractors, recreational vehicles or trailers which do not bear lawful current license plates.

§ 246-6 Exceptions.

This article shall not apply to any motor vehicle or motor vehicle accessories stored within an enclosed building or on the premises of a business enterprise operated in a lawful place and manner in a properly zoned area when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner, or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers, provided that such vehicles are stored in compliance with the ordinances of the Town. Also excepted are motor vehicles registered pursuant to §§ 341.265 and 341.266, Wis. Stats. In other situations the Town Board may issue temporary permits permitting an extension of not to exceed an additional 30 days' time to comply with this article where exceptional facts and circumstances warrant such extension.

§ 246-7 Enforcement.

A. 
Whenever the Town Constable shall find any vehicles or appliances, as described herein, placed or stored in the open upon private property within the Town, he shall notify the owner of said property on which said vehicle or appliance is stored of the violation of this article. If said vehicle or appliance is not removed within 72 hours, the Town Constable shall cause to be issued a citation to the property owner or tenant of the property upon which said vehicle or appliance is stored.
B. 
If such vehicle or appliance is not removed within 20 days after issuance of a citation, the Town Constable shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in Chapter 301, Vehicles, Abandoned, of this Code by the Town Constable or his duly authorized representative. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle or appliance cannot readily be found, the cost of such removal shall be charged to the property from which it is removed, which charge shall be entered as a special charge on the tax roll.

§ 246-8 Violations and penalties.

Any person who shall interfere with the enforcement of any of the provisions of this article and shall be found guilty thereof shall be subject to a penalty as provided in Chapter 1, § 1-3. Each motor vehicle or appliance involved shall constitute a separate offense.