Town of Grand Chute, WI Nuisances

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.

Public nuisances affecting heath. 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 "public nuisance" of this section:

(1)

All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.

(2)

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.

(3)

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.

(4)

All stagnant water in which mosquitoes, flies or other insects can multiply.

(5)

Privy vaults and garbage cans which are not flytight.

(6)

Noxious weeds, as defined in § 66.0407(1)(b) and § 23.235(1)(a), Wis. Stats., invasive species as defined in Ch. NR 40, Wis. Adm. Code, and rank growth of other vegetation, as defined in § 423-4 of the Town of Grand Chute Municipal Code that exceed eight inches in height. Rank growth of vegetation and noxious weeds adversely impact public health and safety, and can decrease adjacent property values. This subsection applies to properties zoned or used for residential, commercial and industrial purposes, including vacant lots in platted subdivisions. Exceptions include gardens, cultivated flower beds, environmentally sensitive areas, and natural landscaping, as defined in § 423-4 of the Town of Grand Chute Municipal Code.

[Amended 4-23-2015 by Ord. No. 2015-06; 11-1-2016 by Ord. No. 2016-08]

(7)

All animals running at large.

(8)

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 to threaten or cause substantial injury to property in the Town.

(9)

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.

(10)

Any use of property, substances or things within the Town of Grand Chute emitting 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 Town.

(11)

All abandoned wells not securely covered or secured from public use.

(12)

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 Town.

Public nuisances offending morals and decency. 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 "public nuisance" of this section:

(1)

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.

(2)

All gambling devices and slot machines.

(3)

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 by the ordinances of the Town of Grand Chute.[1]

[1]

Editor's Note: See Ch. 335, Intoxicating Liquor and Fermented Malt Beverages.

(4)

Any place or premises within the Town of Grand Chute where Town ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.

(5)

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.

Public nuisances affecting peace and safety. 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 "public nuisance" of this section:

(1)

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.

(2)

All trees, hedges, 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. All limbs of trees which project above the surface of a public sidewalk or street or above any other public place shall be kept trimmed to a reasonable height to allow for safe use and passage.

(3)

All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the Town.[2]

[2]

Editor's Note: See Ch. 295, Fireworks.

(4)

All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.

(5)

All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.

(6)

All loud, discordant and unnecessary noises or vibrations of any kind.

(7)

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.

(8)

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.

(9)

All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.

(10)

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.

(11)

Any unauthorized or unlawful 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.

(12)

Repeated or continuous violations of the ordinances of the Town or laws of the State of Wisconsin relating to the storage of flammable liquids.

(13)

Any violation of the ordinances of the Town of Grand Chute and the laws of the State of Wisconsin and the Administrative Code of the State of Wisconsin adopted by reference under Chapter 291, Fires and Fire Prevention, of this Code, particularly but without limitation Ch. Comm 10, Wis. Adm. Code, as relates to the storage of flammable liquids, etc.

(14)

All junked, disassembled, inoperable or wrecked motor vehicles, or parts thereof, which have been allowed to remain outside of any building upon public or private property for a period in excess of three days, unless in connection with an automotive sales or repair business located in a properly zoned area.

[Added 3-20-2018 by Ord. No. 2018-06]

(15)

Any construction debris or materials, unsightly debris, trash, wood, brick, washing machines, refrigerators or junk such as may tend to depreciate property values or be detrimental to the appearance, neatness and cleanliness of the neighborhood, provided that nothing in this subsection shall prohibit reasonable storage of construction materials during the construction of any building or structure.

[Added 3-20-2018 by Ord. No. 2018-06]

§ 398-3 Chronic nuisances.

[Added 2-19-2009 by Ord. No. 6-2009]

Definitions. The following terms shall be defined as follows in this section:

CHIEF

The Chief of Police or his/her designee and the Fire Chief or his/her designee.

DEPARTMENT HEAD

Includes the Director of Community Development and/or Public Works Director.

EFFECT OF PROPERTY CONVEYANCE

(1)

When title to property is conveyed, any nuisance activity that occurred before the conveyance may not be used to establish the property as a chronic nuisance property unless the reason for the conveyance was to avoid a determination that the property was a chronic nuisance property.

(2)

There is a rebuttable presumption that a reason for the conveyance of property was to avoid a determination that the property was a chronic nuisance property if:

(a)

The property was conveyed for less than fair market value.

(b)

The property was conveyed to an entity controlled by a person conveying the property.

(c)

The property was conveyed to a relative of a person conveying the property.

ENFORCEMENT ACTION

Arrest, the issuance of a citation, or the issuance of a written or verbal warning.

NUISANCE ACTIVITY

Any of the following activities, behaviors, or conduct whenever engaged in by property owners, operators, tenants, occupants, or persons associated with premises:

(1)

An act of harassment, as defined in § 947.013, Wis. Stats.

(2)

Disorderly conduct, as defined in § 947.01, Wis. Stats.

(3)

Crimes of violence, as defined in Ch. 940, Wis. Stats.

(4)

Obstructing or resisting an officer, as defined in § 946.41, Wis. Stats.

(5)

Crimes against sexual morality, as defined in Ch. 944, Wis. Stats.

(6)

Any gambling crimes, as defined in Ch. 945, Wis. Stats.

(7)

Animal violations, as defined in Chapter 197 of this Code.

(8)

Theft, as defined in § 943.20, Wis. Stats.

(9)

Receiving stolen property, as defined in § 943.34, Wis. Stats.

(10)

Damage to property, as defined in § 943.01, Wis. Stats.

(11)

Arson, as defined in § 943.02, Wis. Stats.

(12)

Possession, manufacture, or delivery of a controlled substance or related offenses, as defined in Ch. 961, Wis. Stats.

(13)

Trespassing, as defined in §§ 943.13 and 943.14, Wis. Stats.

(14)

Weapons violations, as defined in Chapter 415 of this Code.

(15)

Noise violations, as defined in Chapter 415 of this Code.

(16)

Alcohol violations, as defined in Chapter 335 of this Code and § 125.07, Wis. Stats.

(17)

Loitering and curfew violations, as defined in Chapter 415 of this Code.

(18)

Reckless driving, as defined in § 346.62, Wis. Stats.

(19)

Any conspiracy to commit, as defined in § 939.31, Wis. Stats., or attempt to commit, as defined in § 939.32, Wis. Stats., any of the activities, behaviors, or conduct enumerated in Subsections (1) through (18) above.

(20)

The execution of arrest or search warrants at a particular location.

(21)

Town of Grand Chute inspection-related calls where the Police Department responds.

(22)

Drug or criminal gang house as defined by § 823.113, Wis. Stats. Section 823.113, Wis. Stats., is hereby adopted by reference as a Town ordinance. At the discretion of the Chief of Police, the action provided therein may be in the name of the Town, county or state.

(23)

Nuisances as defined by Ch. 823, Wis. Stats., which include but are not limited to:

	823.065	Flammable liquids
	823.07	Noxious business
	823.09	Bawdy houses
	823.10	Disorderly house
	823.21	Dilapidated buildings

(24)

Violations of the Code of the Town of Grand Chute, which include any and all sections of the following chapters or articles:

[Amended 3-20-2018 by Ord. No. 2018-06]

	Chapter 190	Amusements
	Chapter 197	Animals
	Chapter 220	Building Construction
	Chapter 230	Cable Television
	Chapter 241	Cigarettes
	Chapter 252	Dances and Dance Halls
	Chapter 259	Direct Sellers, Auctions and Closeout Sales
	Chapter 275	Erosion and Sediment Control
	Chapter 291	Fires and Fire Prevention
	Chapter 295	Fireworks
	Chapter 317	Housing Standards
	Chapter 335	Intoxicating Liquor and Fermented Malt Beverages
	Chapter 349	Junk Dealers
	Chapter 382	Mobile Homes and Mobile Home Parks
	Chapter 398	Nuisances
	Chapter 412	Pawnbrokers and Secondhand Dealers
	Chapter 415	Peace and Good Order
	Chapter 423	Property Maintenance
	Chapter 440, Article III	Sewers: Illicit Discharges and Connections
	Chapter 456	Special Events
	Chapter 463	Stormwater Management
	Chapter 468	Streets and Sidewalks
	Chapter 480	Taxicabs
	Chapter 492	Tracks
	Chapter 497	Trees and Shrubs
	Chapter 535	Zoning

OWNER

The owner of the premises and his/her agents.

PERSONS ASSOCIATED WITH

Any person who, whenever engaged in a nuisance activity, enters, occupies, patronizes, visits or attempts to enter, occupy, patronize or visit a property. Includes any officer, director, customer, agent, employee or independent contractor of a property owner, tenant, or occupant.

PREMISES

An individual dwelling unit, an apartment building (all units included as one premises), or an individual business premises and associated common areas located in the Town.

Notice. Whenever a Chief or department head determines that three or more nuisance activities resulting in enforcement action have occurred at the premises during a twelve-month period, the Chief or department head may notify the premises owner in writing. In calculating the requisite nuisance activities, the Chief or department head may count separate qualifying nuisance activities resulting in enforcement action occurring on the same day (as long as they are distinct in time) or different days but shall never count nuisance activities that were reported by the owner of the premises. The notice shall contain the street address and, where the enforcement action involves the owner of the premises, the legal description sufficient to identify the premises, a description of the nuisance activities that have occurred at the premises, a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises, and a notice as to the appeals rights of the owner.

Delivery of notice. The notice shall be deemed to be properly delivered if either sent by certified mail to the property owner's last known address or delivered in person to the property owner. If the property owner cannot be located, the notice shall be deemed properly delivered if left at the property owner's usual place of residence in the presence of a competent family member at least 14 years of age or a competent adult currently residing there and who shall be informed of the contents of the notice. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by certified mail to the last known address of the owner as identified by the records of the tax roll.

Abatement plan. Any owner receiving notice pursuant to Subsections B and C shall meet with the Chief, or his/her designee, within five business days of receipt of such notice. The parties shall review the problems occurring at the property and agree upon an abatement plan to end the nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, fire, or inspection contact.

Additional nuisance activity. Whenever the Chief determines that additional nuisance activity has occurred at a premises not less than 15 business days after notice has been issued and that reasonable efforts have not been made to abate the nuisance activity, the Chief may calculate the cost of police response and enforcement for this and any subsequent nuisance activities. The Chief shall also cause such charges and administrative costs to be assessed against the premises as a fee for current service authorized by §§ 61.34, 66.0628 and 74.01, Wis. Stats., and collected as a special charge which the Town may impose as a lien against the real estate upon which the premises is located.

Appeal. Appeal of the determination of the Chief of Police pursuant to either the notice, abatement plan, or the levying of special charges may be made solely to the Town Board requesting a hearing. Notice of appeal must be in writing and submitted to the Town Board in care of the Town Clerk with a copy submitted to the Chief of Police. Chapter 68, Wis. Stats., does not apply to this section.

Additional enforcement authority. The Town hereby adopts and incorporates the authority granted the Town pursuant to § 823.01, Wis. Stats., and adopts and authorizes enforcement procedures as set forth in §§ 823.015, 823.02, 823.03, 823.04, 823.05 and 823.06, Wis. Stats.

Penalty.

(1)

Any person who shall violate any provision of this section shall, upon due conviction thereof, forfeit not less than an amount set forth in § 398-16 for each such offense, together with the costs of prosecution, and in default of the payment of such forfeiture and costs shall be imprisoned in the county jail until said forfeiture and costs of prosecution are paid, but not to exceed 30 days.

(2)

In addition to imposition of a fee for services constituting a special charge against the real estate imposed under this section, the Town may pursue injunctive relief against the owner in the Circuit Court for Outagamie County. All legal costs and attorney fees incurred by the Town for enforcement of this section, pursuant to any remedy available, shall be payable to the Town by the owner of the premises. Judgment for such obligations may be obtained by the Town in either the Small Claims Court or Circuit Court for Outagamie County.

§ 398-4 Tree trimming and sanitation.

[Amended 2-17-2004[1]]

See Chapter 497, Trees and Shrubs.

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 398-5 Depositing of snow on public rights-of-way.

No person shall remove or cause to be removed any snow or ice from a premises owned or occupied by that person or from any residence, parking lot, parking area, filling station, business property or other property owned or occupied by said person by placing said snow onto any public right-of-way or property. Snow removed from public walks shall not be stored in any manner which will obstruct or limit vehicular or pedestrian vision, movement or access.

The deposit of any snow or ice upon any sidewalk, alley or road or street of the Town of Grand Chute contrary to the provisions of this section is hereby made to be a nuisance, and, in addition to the penalty provided for the violation of this section, the Town of Grand Chute may summarily remove any snow or ice so deposited and cause the cost of said removal to be charged to the owner of the property from which said snow or ice has been removed, and upon failure to pay the same may be charged as a special assessment upon the tax bill to the owner of property from which the snow or ice removal was necessitated.

The penalty for violation of this section shall be as provided in § 398-16 of this chapter.

§ 398-6 Abandoned or unattended refrigerators or other containers.

No person shall leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his control in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or cover which has not been removed or which is not equipped with a device for opening from the inside.

§ 398-7 Storage of junked vehicles.

Definitions. Terms used in this section shall have the following meanings:

JUNKED VEHICLE

[Amended 3-20-2018 by Ord. No. 2018-07]

OWNER

Includes owner, owners, tenants, lessees and/or occupants.

Nuisance. No vehicle as hereinabove defined shall be stored or allowed to remain in the open upon public or private property within the Town, unless it is in connection with a duly authorized sales or repair business enterprise located in a properly zoned area. Any violation of this section is a nuisance.

[Amended 3-20-2018 by Ord. No. 2018-07]

Abatement by owner. The owner of any property within this Town upon which a vehicle as hereinabove defined is stored or permitted to remain and also the owner of any such vehicle shall, jointly and severally, abate said nuisance by the prompt removal of such vehicle into a completely enclosed building authorized to be used for such storage purposes, if within the limits of the Town, or otherwise remove the same to a location outside the Town.

Vehicle upon public property. Whenever the Building Inspector or Town police officers shall find any such vehicle placed or stored in the open upon public property within the limits of the Town, such vehicle shall be removed to a junk or salvage yard and stored therein for a period of 30 days. At the end of said time, such junk or salvage yard shall dispose of such vehicle unless it has previously been claimed by the owner.

Vehicles upon private property. Whenever the Building Inspector or Town police officers shall find any such vehicle placed or stored in the open upon private property within the limits of the Town, the owner of such property and the owner of the vehicle, if he can be located, shall be given a three-day written notice by certified mail to remove the same. If such vehicle is not removed within the time specified, the Town police shall have it removed by a junk or auto salvage dealer. The owner of the property upon which the vehicle had been placed or stored and the owner of the vehicle, if he can be located, shall be jointly and severally liable for the cost of removal by such dealer.

[Amended 12-20-2011 by Ord. No. 2011-30]

Storage costs. If such vehicles are claimed by the owner, the junk or salvage yard shall charge a reasonable fee for handling and storing.

Salvage yard excepted. The provisions of Subsection B shall not apply to auto salvage yards and/or junkyards that are duly authorized under the ordinances of the Town and have been issued a permit to operate as such salvage yard and/or junkyard under this Code.

Disposal of unclaimed vehicles. When any such vehicle has been removed and placed in storage by the Town as herein provided and such vehicle is not claimed within 30 days after such storage, it shall be sold by the Town. If the proceeds of such sale are insufficient to pay the costs for the removal and storage, said owners jointly and severally shall be liable to the Town for the balance of the costs. If the proceeds are in excess of costs, the balance shall be paid to said owners.

Violation of this section shall be subject to a penalty as prescribed in § 175.25(5), Wis. Stats.

[Added 12-20-2011 by Ord. No. 2011-30]

§ 398-8 Abandoned vehicles.

[Amended 12-20-2011 by Ord. No. 2011-30; 12-20-2011 by Ord. No. 2011-37; 6-5-2018 by Ord. No. 2018-10]

Section 342.40, Wis. Stats., Vehicle abandonment prohibited; removal; disposal, as amended from time to time, is incorporated herein by reference.

Pursuant to § 342.40, Wis. Stats., no person shall leave unattended any motor vehicle, trailer, semitrailer, or mobile home on any public street or highway or public or private property for such time and under such circumstances as to cause the vehicle to reasonably appear to have been abandoned. When any such vehicle has been left unattended on any Town street or highway or on any public or private property within the Town without permission of the owner for more than 48 hours, the vehicle is deemed abandoned and constitutes a public nuisance.

Any vehicle deemed in violation of this section shall be towed by a licensed towing company approved by the Chief of Police and contracted with the Town of Grand Chute for such purpose, or towed by such other means deemed reasonable or necessary under the circumstances by the Chief of Police. Such vehicle will be held at the contractor's facility until lawfully claimed or disposed of in any lawful manner.

The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impounding and disposing of the vehicle. Prior to reclamation of the vehicle, the owner or lien holder shall pay to the contracted towing company the towing and storage fees incurred by the towing company.

Penalty. Any person who shall cause a vehicle to become abandoned within the Town of Grand Chute under the terms and conditions of this section and § 342.40, Wis. Stats., shall, upon due conviction thereof, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedule, together with costs of prosecution.

§ 398-9 Open cisterns, wells, basements or other dangerous excavations.

No person shall have or permit on any premises owned or occupied by him any open cisterns, cesspools, wells, unused basements, excavations or other dangerous openings. All such places shall be filled, securely covered or fenced in such manner as to prevent injury to any person, and any cover shall be of a design, size and weight that the same cannot be removed by small children.

§ 398-10 Covered hauling to dump site.

No person shall transport or haul to any dumping site in the Town any materials without covering the same as provided under Chapter 520, Waste Management, of this Code.

§ 398-11 Vacant lots.

Vacant lots become a public nuisance when said lots are not maintained. Such is especially true when vacant lots are not smoothly graded as to provide for regular routine maintenance.

Within 90 days of purchase of vacant property within the Town of Grand Chute, the new owner shall cause the vacant lot to be appropriately filled and graded so as to provide for routine maintenance. All debris is to be removed by the owner within said time period. Presently existing owners of vacant lots shall be granted 21 days to come into compliance with this section upon issuance of an appropriate citation by the Town Building Inspector.

Should any new or existing owner fail to come into compliance with this section, the Town Board of Supervisors shall authorize Town employees to cause the appropriate filling and grading of the vacant lot in question to occur. Any and all costs associated with the same shall be assessed against the property in question and shall be placed upon the tax rolls maintained by the Town of Grand Chute.

§ 398-12 Compression brakes.

[Added 9-21-1999]

Compression brakes prohibited. No person shall use motor vehicle brakes which are in any way activated or operated by the compression of the engine of the motor vehicle.

Defense. It shall be an affirmative defense to prosecution under this section that compression brakes were applied in an emergency and were necessary for the protection of persons or property.

Emergency vehicles. Emergency vehicles shall be exempt from this section.

§ 398-13 Abatement of public nuisances.

Rank growth of vegetation and noxious weeds. Upon receipt of a rank growth of vegetation or noxious weed complaint referenced in § 398-2B(6), the Weed Commissioner or his designee will issue written notice to the property owner via first-class United States Mail. The property owner shall have three days to comply with this chapter. Failure to comply will result in the Town performing the necessary services to bring the property within compliance. The cost of property maintenance services and equipment shall be in accordance with the Town's current fee schedule and equipment charge out rates. All costs of such service and equipment used will be borne by the property owner and may be placed as a lien on the property for a lack of payment.

[Amended 4-23-2015 by Ord. No. 2015-06]

Inspection of premises.

[Amended 4-23-2015 by Ord. No. 2015-06]

(1)

Whenever a complaint is made, except for rank growth of vegetation and noxious weeds, to the Town Board that a public nuisance exists within the Town of Grand Chute, the Town Board shall promptly notify the Town Police Department, Health Officer or Building Inspector, who or which shall forthwith inspect or cause to be inspected the premises complained of and shall make a written report of his or her findings to the Town Board. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the Town Clerk.

(2)

Whenever a complaint is made to the Town Board with regard to the existence of rank growth of vegetation or noxious weeds within the Town of Grand Chute, the Town Board shall promptly notify the Town Weed Commissioner or his designee, who shall forthwith inspect or cause to be inspected the premises complained of and shall make a written report of his or her findings to be filed in the Department of Public Works. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall be filed with the written inspection report.

Summary abatement.

[Amended 4-23-2015 by Ord. No. 2015-06]

(1)

Notice to owner. 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 Board may direct the Town Police Department, or the Weed Commissioner or his designee in the case of rank growth of vegetation and noxious weeds, to serve notice on the person causing, permitting or maintaining such nuisance or upon the owner or occupant of the premises where such nuisance is caused, permitted or maintained and to post a copy of said notice on the premises. Posting a notice on the premises is not required for rank growth of vegetation and noxious weeds.

(2)

Such notice shall direct the person causing, permitting or maintaining such nuisance or the owner or occupant of the premises to abate or remove such nuisance within 24 hours or as provided in the notice and shall state that, unless such nuisance is so abated, the Town will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.

(3)

Abatement by Town. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Health Officer, in case of health nuisances, the Weed Commissioner or his designee in the case of rank growth of vegetation and noxious weeds, and the Police Department, in other cases, shall cause the abatement or removal of such public nuisances.

Abatement by court action. 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/she shall file a written report of his/her findings with the Town Board, which shall cause an action to abate such nuisance to be commenced in the name of the Town in the Circuit Court of Outagamie County in accordance with the provisions of Ch. 823, Wis. Stats.

Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Town of Grand Chute or its officials in accordance with the laws of the State of Wisconsin.

§ 398-14 Recovery of abatement 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 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.[1]

[1]

Editor's Note: Original § 8.115, Interfering with or failing to assist in firefighting, which immediately followed this section, was repealed 12-20-2011 by Ord. No. 2011-30. See now § 291-11.

§ 398-15 Suspension and revocation of permits and licenses.

[Added 4-5-2001]

In the event that any owner of property or operator of a business in the Town of Grand Chute creates or maintains a public nuisance, for which property or business a license or permit has been granted by the Town of Grand Chute, upon a majority vote of the Town Board such license or permit may be suspended, revoked, or denied renewal. Any such suspension, revocation, or nonrenewal may be invoked by the Town Board at such time and subject to such conditions as the Town Board deems appropriate and, alternatively, in the discretion of the Town Board, may be enforced by bringing action regarding said public nuisance in the Circuit Court of Outagamie County. Licenses and permits which are subject to this section involve all licenses and permits issued by the Town of Grand Chute, including but not limited to licenses for hotels/motels issued pursuant to Chapter 57 of this Code and alcoholic beverage licenses issued in accordance with and subject to the provisions of Ch. 125, Wis. Stats. Any suspension, termination or nonrenewal of licenses issued pursuant to Ch. 125, Wis. Stats., shall be undertaken in accordance with the procedures set forth in Ch. 125, Wis. Stats.

Upon suspension, termination or nonrenewal, the business and property owner shall immediately cease all operations for which such license or permit is required.

As a prior condition for the Town Board to take action for suspension, revocation or nonrenewal, the Town Clerk shall issue a written notice generally describing the alleged nuisance and advising said owner or operator of the next regularly scheduled Town Board meeting for which an agenda item shall be established to give said owner or operator an opportunity to show cause to the Town Board why suspension, revocation or termination should not take place. This notice shall be in writing and may be served by regular mail to either the address of the property or business or to the last known address of the owner or operator, based upon tax billing records in the Town offices or the address shown on the permit or license application.

§ 398-16 Violations and penalties.

Any person who shall violate any provision of this chapter shall, upon due conviction thereof, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules for each such offense, together with the costs of prosecution, and in default of the payment of such forfeiture and costs shall be imprisoned in the county jail until said forfeiture and costs of prosecution are paid, but not to exceed 30 days.

§ 398-17 Smoking ban.

[Added 6-15-2010 by Ord. No. 2010-07; amended 12-20-2011 by Ord. No. 2011-33; 3-19-2019 by Ord. No. 2019-04]

Purpose. The Town Board recognizes that smoking of cigarettes and other tobacco products and inhaling vapors from an electronic delivery device are hazardous to an individual's health and may affect the health of nonsmokers/smokers when they are involuntarily in the presence of smoking. Reliable scientific studies assessed by credible health officials have found that secondhand tobacco smoke and the vapors exhaled by users of an electronic delivery device are significant health hazards for children, elderly people, and individuals with cardiovascular disease or impaired respiratory function. Air pollution caused by smoking is an offensive annoyance and irritant. Smoking results in serious and significant physical discomfort to nonsmokers. This article is adopted for the purpose of protecting the public health, safety, comfort and general welfare of the people of the Town of Grand Chute, especially recognizing the health interests of nonsmokers, who constitute a majority of the population.

Smoking ban adopted. The Town hereby adopts, by reference, the provisions of § 101.123, Smoking prohibited, Wis. Stats., pertaining to the statewide smoking ban as of July 5, 2010.

Use of electronic delivery devices.

(1)

Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them, except where the context indicates a different meaning:

ELECTRONIC DELIVERY DEVICE

Any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of aerosol, mist, or vapor from the product. The term includes, but is not limited to, devices manufactured, distributed, marketed, or sold as electronic cigarettes or cigars, electronic pipes, personal vaporizers, electronic nicotine delivery systems, vape pens, or electronic hookahs.

An electronic cigarette (e-cig or e-cigarette), personal vaporizer (PV), or electronic nicotine delivery system (ENDS) is a battery-powered vaporizer which has the feel of tobacco smoking. They produce a mist rather than cigarette smoke. In general, a heating element vaporizes a liquid solution known as "e-liquid." E-liquids usually contain a mixture of propylene glycol, glycerin, nicotine, and flavorings.

SMOKING

Burning or holding or inhaling or exhaling smoke, mist, or vapor from any of the following items containing tobacco or nicotine products:

A lighted cigar.

A lighted cigarette.

A lighted pipe.

An electronic delivery device.

(e)

Any other lighted smoking equipment.

(2)

Prohibition. The prohibition against smoking established in § 101.123, Wis. Stats., and adopted in Subsection B, above, shall be expanded to include the use of an electronic delivery device.

Inspection and enforcement. The Town of Grand Chute Police Department shall have the power to enter any premises subject to the smoking ban established by this section to ascertain whether the premises is in compliance with, and to take appropriate enforcement action pursuant to, this section.

Violations and penalties. Any person found to have violated any provision of this section shall be subject to a forfeiture as prescribed in the Uniform Forfeiture and Bond Schedule.

§ 398-18 Practice of massage or bodywork therapy requiring state licensing.

[Added 1-21-2020 by Ord. No. 2020-04]

No person who is required to hold a license, certificate of registration or other credential pursuant to Chapter 460, Wis. Stats., Massage Therapy and Bodywork Therapy, shall practice that profession within the Town of Grand Chute unless that person holds a valid, unexpired license, certificate of registration or credential issued under Chapter 460, Wis. Stats.

No person who is required to hold a license, certificate of registration or other credential pursuant to Chapter 460, Wis. Stats., Massage Therapy and Bodywork Therapy, shall advertise the availability of services to be performed within the Town of Grand Chute unless that person holds a valid, unexpired license, certificate of registration or credential issued under Chapter 460, Wis. Stats.

No business whose employees are required to hold a license, certificate of registration or other credential pursuant to Chapter 460, Wis. Stats., Massage Therapy and Bodywork Therapy, shall allow employees to practice that profession within the Town of Grand Chute unless the employees hold a valid, unexpired license, certificate of registration or credential issued under Chapter 460, Wis. Stats.

No business whose employees are required to hold a license, certificate of registration or other credential pursuant to Chapter 460, Wis. Stats., Massage Therapy and Bodywork Therapy, shall advertise the availability of services to be performed within the Town of Grand Chute unless the employees hold a valid, unexpired license, certificate of registration or credential issued under Chapter 460, Wis. Stats.

Each person who is licensed under Chapter 460, Wis. Stats., Massage Therapy and Bodywork Therapy, shall conspicuously display the license in the place of business where he or she practices massage therapy or bodywork therapy so that the license can easily be seen and read.

Each place of business providing massage therapy and/or bodywork therapy shall permit inspections of the premises at any time during business hours by Town building inspectors, fire inspectors, health inspectors or personnel of any law enforcement agency.