[Adopted 4-1-1992 (§§ 11-6-1
through 11-6-8 of the 1992 Code of Ordinances)]
No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the City of
Bayfield.
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 §
289-2:
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 foods 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 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, etc. Any use of property, substances
or things within the City or within four miles thereof or 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 City.
I. Street pollution. Any use of property which shall
cause any nauseous or unwholesome liquid or substance to flow into
or upon any street, gutter, alley, sidewalk or public place within
the City.
J. Animals at large. All animals running at large.
K. Accumulations of refuse. Accumulations of old cans,
lumber, elm firewood and other refuse.
L. Air pollution. The escape of smoke, soot, cinders,
noxious acids, fumes, gases, fly ash or industrial dust within the
limits 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.
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 §
289-2:
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,
except as permitted by state law.
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 the ordinances of the City.
D. Continuous violation of City ordinances. Any place
or premises within the City where City 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 City.
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 §
289-2:
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 ordinances of the
City relating to materials and manner of construction of buildings
and structures within the City.
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 its color, location, brilliance or manner
of operation, interferes 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 City.
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 City.
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 City
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 City or laws of the state relating to the
storage of flammable liquids.
O. Unremoved snow. All snow and ice not removed or sprinkled
with ashes, sawdust, sand or other chemical removers, as provided
in this Code.
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 City shall be collected as a debt from the owner,
occupant or person causing, permitting or maintaining the nuisance.
Such cost shall be assessed against the real estate as a special charge.
[Amended 6-12-2017 by Ord. No. 388]
A. Enforcement. The Chief of Police, Fire Chief, Public Works Director and Zoning Administrator 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 insure that such provisions are not violated. No action shall be taken under §
289-6 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. General penalty. Any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter
380, of the Code of the City of Bayfield.
[Adopted 4-1-1992 (§§ 8-1-1
through 8-1-3 of the 1992 Code of Ordinances)]
[Amended 6-12-2017 by Ord. No. 388]
The Common Council, 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 Council shall be subject to the penalty provided for in Chapter
380.
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.