[HISTORY: Adopted by the Town Board of the
Town of Winneconne 10-20-1994 as Ch. 10 of the 1994 Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the Town.
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.
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 § 219-2:
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 cans. Privy vaults and garbage
cans which are not flytight.
F.
Noxious weeds. Canada thistle, leafy spurge, field
bindweed (creeping jenny) and other noxious weeds as defined by Wis.
Stat. § 66.0407, as amended, unsightly and troublesome plants
which are detrimental to cultivated crops, public health, public welfare
and to the general appearance of the surrounding area, or such uncultivated
rank plants which create unpleasant or noxious odors or grow to such
height as to permit the concealment of filthy deposits.
[Amended 8-15-2019 by Ord. No. 2019-4]
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 emitting or causing any foul, offensive, 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 causes
any noxious or unwholesome liquid or substance to flow into or upon
any street, gutter, alley, sidewalk or public place within the Town.
J.
Air pollution. The escape of smoke, soot, cinders,
noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric
pollutants within the Town or within one mile therefrom in such quantities
as to endanger the health of persons of ordinary sensibilities or
threaten or cause substantial damage to property in the Town.
K.
Loose animals. Any animals running at large in the
Town.
L.
Accumulations
of refuse. Accumulations of old cans, lumber, firewood, wood from
any tree under quarantine, and other refuse.
[Added 8-15-2019 by Ord. No. 2019-4]
M.
Junked
vehicles. Disassembled, dismantled, partially dismantled, inoperable,
junked, wrecked, or unlicensed motor vehicles, truck bodies, tractors,
trailers, boats, or campers, exempting farm equipment on land zoned
for agricultural purposes, in such state of physical or mechanical
ruin as to be incapable of propulsion or of being operated upon the
public streets, highways, or waters.
[Added 8-15-2019 by Ord. No. 2019-4]
N.
Abandoned
equipment. Abandoned, discarded, or unused objects or equipment such
as furniture, stoves, refrigerators, freezers, cans, containers, lumber,
trash, or debris.
[Added 8-15-2019 by Ord. No. 2019-4]
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 § 219-2:
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.
B.
Gambling devices. All gambling devices and slot machines.
C.
Unlicensed sale of liquor and beer. All places where
alcohol beverages are sold, possessed, stored, brewed, bottled, manufactured
or rectified without a permit or license as provided for by 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
and repeatedly violated.
E.
Illegal drinking. Any place or premises resorted to
for the purpose of drinking alcohol 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 § 219-2:
A.
Dangerous signs, billboards, etc. All signs, 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 Town ordinances 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 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.
E.
Low hanging tree limbs. All limbs of trees which project
over and less than 10 feet above any public sidewalk, street or other
public place.
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 state laws and Town ordinances.
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.
Low hanging wires and cables. All wires and cables
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, greatly annoys or disturbs
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 this Code, but including
those which, although made in accordance with such Code, 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.
Unlawful assemblies. Any unauthorized or prohibited
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.
M.
Blighted buildings and premises. Premises existing
within the Town which are blighted because of faulty design or construction,
failure to maintain them in a proper state of repair, improper management
or the accumulation thereon of junk or other unsightly debris, structurally
unsound fences and other items which depreciate property values and
jeopardize or are detrimental to the health, safety, morals or welfare
of the people of the Town.
(1)
Blighted premises contribute to conditions that are
dangerous to the public health, safety, morals and general welfare
of the people; the conditions necessitate excessive and disproportionate
expenditure of public funds for public health and safety, crime prevention,
fire protection and other public services; such conditions cause a
drain upon public revenue and impair the efficient and economical
exercise of governmental functions in such areas.
(2)
Elimination of blighted premises and prevention of
blighted premises in the future is in the best interest of the citizens
and shall be fostered and encouraged by this section. It is essential
to the public interest that this section be liberally construed to
accomplish such purposes.
N.
Appliances
and junk. Any junk, wood, bricks, construction materials, cement,
concrete blocks, abandoned vehicles, machinery or parts thereof, refrigerators,
furnaces, washing machines, stoves, and other appliances or any other
unsightly accumulation of items or materials such as may tend to depreciate
property values in the area, or create a blighted condition, or create
a hazard (except when such items are properly housed and out of public
view).
[Added 8-15-2019 by Ord. No. 2019-4]
[Amended 4-21-2005; 8-15-2019 by Ord. No. 2019-4]
No person shall accumulate, store or allow to remain outside any building located within the Town for a period of more than 30 days, dump, deposit, or otherwise abandon upon any property or highway, street, road, alley or right-of-way within the Town any used motor vehicle, as “motor vehicle” is defined by Wis. Stat. § 340.01(35), as amended, or any detached part thereof which is in a condition which would mechanically prevent its immediate operation upon any public highway or its operation thereon would be violation of the law. Each day any used motor vehicle as herein defined or any detached part thereof shall be accumulated or stored or allowed to remain contrary to these provisions shall constitute a separate and distinct offense. This section shall not apply to vehicles owned and held available for sale by Wisconsin licensed motor vehicle dealers on the premises from which they are licensed to be sold. This section shall not apply to a junk dealer licensed in compliance with Chapter 189 of the Town Code.
A.
Enforcement. The officers and inspectors of the Town
shall enforce those provisions of this chapter that come within the
jurisdiction of their respective offices and 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.
B.
Summary abatement. If the inspecting officer determines
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 Chairman may direct the proper officer to cause the same
to be abated and charge the cost 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 determines that a public nuisance exists on private premises but that such nuisance does not 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 10 days, the 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.
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.
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,
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.
[Amended 8-15-2019 by Ord. No. 2019-4]
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. The Town may also seek injunctions, abatement orders, warrants to abate a nuisance, and other equitable remedies in the event of a violation.
