City of Gillett, WI Nuisances

Findings.

The Common Council finds that any residential property that has generated three or more calls for police service for nuisance activities in one month, or six or more calls in a period of 12 months, has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the City. The Common Council further finds that residential property owners are in a better position than commercial property owners to control who enters their property and to control the activities which take place thereon, as opposed to commercial property owners, which often hold their properties open to the public. The Common Council further finds that as a matter of policy it does not want to discourage commercial property owners from reporting offenses committed against them.

The Common Council therefore directs the Chief of Police and the City Clerk, as provided in this article, to charge the owners of such property the costs associated with providing police and administrative services for purposes of abating the violations at property where nuisance activities occur.

CHRONIC NUISANCE PROPERTY

Definitions. As used in this section, the following terms shall have the meanings indicated:

Any residentially zoned or residentially used "property," as defined in this subsection, which has generated three or more calls for police service for nuisance activities on separate days in one month, or six or more calls in a twelve-month period.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

NUISANCE ACTIVITY

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

Any act described in § 16-1.

[2]

Arson as defined in § 943.02, Wis. Stats.

[3]

Possession, manufacture or delivery of a controlled substance or related offenses as defined in Ch. 961, Wis. Stats., and Gillett City Code § 16-8.

[4]

Discharge of a firearm as defined in City of Gillett Code § 16-2.

[5]

The production or creation of unnecessary noise and disturbances as defined in City of Gillett Code § 16-6.

[6]

Loitering or prowling as defined in City of Gillett Code § 16-16.

[7]

Intoxicating liquor and fermented malt beverage violations as defined in City of Gillett Code Chapter 14.

[8]

Owning, keeping, having or harboring any bird or animal that causes a disturbance of the peace as defined in City of Gillett Code Chapter 6 or violating the nuisance provisions as defined in this chapter.

[9]

Selling or giving away tobacco products to persons under the age of 18 as defined in § 134.66, Wis. Stats.

[10]

Illegal sale, discharge and use of fireworks as defined in City of Gillett Code § 16-9.

[11]

Removal of snow and ice as defined in City of Gillett Code § 16-20.

[12]

Zoning violations as defined in City of Gillett Code Chapter 21.

[13]

Any other offense against peace and good order as defined in City of Gillett Code Chapter 16.

Exception. Any offenses that may be listed under Subsection A of this definition which are determined to be a domestic violence event as described under § 968.075, Wis. Stats., shall not be considered a nuisance activity for purposes of this article.

PERSON ASSOCIATED WITH

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

PROPERTY

Any residentially zoned or residentially used parcel of land or structure or any multifamily zoned or multifamily zoned parcel of land or structure or mobile home zoned or mobile home zoned parcel of land or structure.

VERIFIABLE EVENT

An event that is initially observed by a police officer, or a call for service that is reported to the Police Department by a known person who is identifiable to support the event, or a call for service that is reported to the Police Department by an unknown person if the event is substantiated by a police officer, or a witness; and the call for service was made.

Chronic nuisance property prohibited. It shall be unlawful for any property owner, operator, tenant, occupant, or person associated with a property to allow the establishment of, to keep, or to maintain a chronic nuisance property.

Notification of violation.

Whenever the Chief of Police determines that two nuisance activities have occurred at a property on separate days during any one month, or five nuisance activities have occurred at a property during any twelve-month period, the Chief of Police may notify the property owner that the property is in danger of becoming a chronic nuisance property.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

[2]

Whenever the Chief of Police determines that three nuisance activities have occurred at a property on separate days during any calendar month, or six nuisance activities have occurred at a property during a twelve-month period, and said nuisance activities are verifiable events, the Chief of Police shall notify the property owner in writing that the property is a chronic nuisance property, and any further violations within said month or twelve-month period will be cause for levying a special charge against the property pursuant to this article.

[3]

The notice described in Subsection E(3)(a)[2] shall be deemed to be properly delivered if sent either by first-class mail to the property owner's last known address or if delivered in person to the property owner. If the property owner cannot be located, the notice shall be deemed to be properly delivered if a copy of it is left at the property owner's usual place of abode in the presence of some competent member of the family 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 first-class mail to the last known address of the owner as identified by the records of the tax roll.

[4]

The notice shall contain:

[a]

The street address or a legal description sufficient for identification of the property.

[b]

A description of the nuisance activities that have occurred at the property and a statement indicating that the cost of future enforcement or abatement will be assessed as a special charge against the property.

[c]

A statement that the property owner shall, within 10 days, respond to the Chief of Police to propose a written course of action to abate the nuisance activities which is acceptable to the Chief.

[d]

If the described property is a rental property or unit, duplicate and exact copies of all notices shall also be sent to the tenant at the residence.

[5]

If the property owner fails to respond within the ten-day period with a written course of action, after receiving a notice pursuant to § 15-2E(3) and it is the third nuisance activity within a month or the sixth nuisance activity within a twelve-month period {per § 15-2E(3)(a)[2]}, then it shall become a verifiable event and shall become billable according to § 15-2E(4)(b).

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

Appeal. Any person aggrieved by the determination of the Chief of Police issued pursuant to § 15-2E(3)(a)[1] or [2] or the levying of any special charges pursuant to this article is able to appeal solely to the Common Council. Any appeal to the Common Council under this article shall be made within 10 business days of the date that the Chief of Police issued the decision being appealed from to the City Clerk. The Council shall consider the matter at the next available regular Health, Protection and Licensing Committee meeting. Based upon testimony provided by both the applicant and the Chief of Police, and after consideration of the health, safety and welfare of the City, the Committee may make a recommendation to the Common Council which may affirm, reverse, or modify the Police Chief's initial decision.

(4)

Violations and penalties.

Each nuisance activity which is a verifiable event following issuance of the notice provided pursuant to § 15-2E(3)(a), and occurring within the month or twelve-month period in which said notice is provided, shall constitute a separate violation of this article.

FOAM POLYSTYRENE PACKAGING

Cost recovery. Upon notification from the Chief of Police that a chronic nuisance property has been identified, the City Clerk shall charge any property owner found to be in violation of this article the costs of police service to the property associated with abatement, including administrative costs, in full or in part. Such costs shall be imposed as a special charge pursuant to § 66.0627, Wis. Stats. Such costs shall be due in full within 30 days. Pursuant to § 66.0627, Wis. Stats., all costs so charged and not paid when due are a lien upon such property and may be assessed and collected as a special charge on the next property tax bill if not paid within the thirty-day period. Interest at 1% per month shall be assessed on any unpaid balance. The City shall establish a reasonable charge for the costs of administration and enforcement imposed hereunder.

§ 15-3 Public nuisances affecting health.

The following acts, omission, 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 § 15-2 of this chapter:

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

Carcasses or 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.

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.

All stagnant water in which mosquitoes, flies or other insects can multiply, unless a wetland as determined by the Department of Natural Resources.

Privy vaults and garbage cans which are not flytight.

All noxious weeds and other growth of vegetation in excess of eight inches.

All animals running at large.

The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the City limits or within one mile thereof in such quantities as to endanger the health of persons of ordinary sensitivities or to threaten or cause substantial injury to property in the City.

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.

Any use of property, substances or things within the City 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 City.

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

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.

§ 15-3.1 Recycling.

[Added 11-5-2015 by Ord. No. 8-2015]

Purpose. The purpose of this section is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in § 287.11, Wis. Stats., and Chapter NR 544, Wis. Adm. Code.

Statutory authority. This section is adopted as authorized under § 287.09(3)(b), Wis. Stats., and § NR 544.08, Wis. Adm. Code.

Abrogation and greater restrictions. It is not intended by this section to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this section imposes greater restrictions, the provisions of this section shall apply.

Interpretation. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this section may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this section is required by Wisconsin Statutes, or by a standard in Chapter NR 544, Wis. Adm. Code, and where the section provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Chapter NR 544 standards in effect on the date of the adoption of this section, or in effect on the date of the most recent text amendment to this section.

Severability. Should any portion of this section be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected.

Applicability. The requirements of this section apply to all persons, entities, and appropriate waste generating activities within the limits of the City of Gillett.

Administration. The provisions of this section shall be administered by the City of Gillett Common Council.

Effective date. The provisions of this section shall take effect on January 1, 2016.

Definitions. As used in this section, the following terms shall have the meanings indicated:

BIMETAL CONTAINER

A container for carbonated or malt beverages that are made primarily of a combination of steel and aluminum.

CONTAINER BOARD

Corrugated paperboard used in the manufacture of shipping containers and related products.

Packaging made primarily from foam polystyrene that satisfies one of the following criteria:

Is designed for serving food or beverages.

Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.

NONRESIDENTIAL FACILITIES AND PROPERTIES

Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.

GLASS CONTAINER

A glass bottle, jar or other packaging container used to contain a product that is the subject of a retail sale and does not include ceramic cups, dishes, oven ware, plate glass, safety and window glass, heat-resistant glass such as Pyrex, lead-based glass such as crystal, or TV tubes.

HDPE

High-density polyethylene, labeled by the SPI code #2.

LDPE

Low-density polyethylene, labeled by the SPI code #4.

MAGAZINES

Magazines and other materials printed on similar paper.

MAJOR APPLIANCE

A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, furnace, boiler, dehumidifier, water heater or stove.

MULTIPLE-FAMILY DWELLING

A property containing five or more residential units, including those which are occupied seasonally.

NEWSPAPER

A newspaper and other materials printed on newsprint.

Commercial, retail, industrial, institutional and government facilities and properties. This term does not include multiple-family dwellings.

OFFICE PAPER

High-grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.

OTHER RESINS or MULTIPLE RESINS

Plastic resins labeled by the SPI code #7.

PERSON

Includes any individual, corporation, partnership, association, local government unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.

PETE or PET

Polyethylene terephthalate, labeled by the SPI code #1.

PLASTIC CONTAINER

An individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale.

POST-CONSUMER WASTE

Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 291.01(7), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in § 289.01(17), Wis. Stats.

Polypropylene, labeled by the SPI code #5.

Polystyrene, labeled by the SPI code #6.

PVC

Polyvinyl chloride, labeled by the SPI code #3.

RECYCLABLE MATERIALS

Includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins; steel containers; waste tires; and bimetal containers.

SOLID WASTE

Has the meaning specified in § 289.01(33), Wis. Stats.

SOLID WASTE FACILITY

Has the meaning specified in § 289.01(35), Wis. Stats.

SOLID WASTE TREATMENT

Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.

STEEL CONTAINER

A container made of iron or iron element to create a container.

WASTE TIRE

A tire that is no longer suitable for its original purpose because of wear, damage or defect.

YARD WASTE

Leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.

Separation of recyclable materials. Occupants of single family and two-to-four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from post-consumer waste:

Lead acid batteries.

Major appliances.

Waste oil.

Yard waste.

Aluminum containers.

Bimetal containers.

Corrugated paper or other container board.

(8)

Foam polystyrene packaging.

Glass containers.

Magazines.

Newspaper.

Office paper.

Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins.

(14)

Steel containers.

(15)

Waste tires.

Separation requirements exempted. The separation requirements of Subsection J do not apply to the following:

Occupants of single-family and two-to-four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Subsection J from solid waste in as pure a form as is technically feasible.

A recyclable material specified in Subsection J(5) through (15) for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.

Care of separated recyclable materials. To the greatest extent practicable, the recyclable materials separated in accordance with Subsection J shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.

Management of lead acid batteries, major appliances, waste oil and yard waste. Occupants of single-family and two-to-four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as follows:

Lead acid batteries shall be brought to the recycling facility in the City of Gillett or they may be taken to a vehicle battery seller. Special charges will be applied.

Major appliances shall be brought to the City's designated recycling facility and a special charge for the said item will be charged.

Waste oil shall be taken by the resident to City of Gillett's designated recycling facility. Payment of special charges shall be the responsibility of the resident.

(4)

Yard waste shall be taken by the resident to the City of Gillett designated recycling facility in the City of Gillett.

Preparation and collection of recyclable materials. Except as otherwise directed by the City of Gillett, occupants of single-family and two-to-four-unit residences shall do the following for the preparation and collection of the recyclable materials specified in Subsection J(5) through (15):

Single-stream collection. Commingled collection of recyclable fibers, containers or other recyclable materials in which these materials are separated from solid waste at the point of collection and are transported to a processing facility to be sorted into marketable commodities.

Steel containers shall be placed in a separate container and taken to the City of Gillett's recycling facility. A special charge may be applied.

Waste tires shall be taken to the City of Gillett's recycling facility. A special charge shall/may be applied.

Responsibilities of owners or designated agents of multiple-family dwellings.

Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in Subsection J(5) through (15):

Provide adequate, separate containers for the recyclable materials.

Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.

(c)

Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.

(d)

Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.

The requirements specified in Subsection O(1) do not apply to the owners or designated agents of multiple-family dwellings if the post-consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Subsection J(5) through (15) from solid waste in as pure a form as is technically feasible.

Responsibilities of owners or designated agents of nonresidential facilities and properties.

Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in Subsection J(5) through (15) :

Provide adequate, separate containers for the recyclable materials.

Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.

(c)

Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.

(d)

Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.

The requirements specified in Subsection P(1) do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Subsection J(5) through (15) from solid waste in as pure a form as is technically feasible.

Enforcement.

For the purpose of ascertaining compliance with the provisions of this section, any authorized officer, employee or representative of the City of Gillett may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee or authorized representative of the City of Gillett who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.

Any person who violates a provision of this section may be issued a citation by the City of Gillett Police Department to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.

Penalties for violating this section may be assessed as set forth in Chapter 1, General Provisions, Article II, Penalties and Enforcement, of this Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 15-4 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 § 15-2 of this chapter:

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.

All gambling devices and slot machines.

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 this Code.[1]

Editor's Note: See Ch. 14, Intoxicating Liquor and Fermented Malt Beverages.

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.

Any place of 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.

§ 15-5 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 provisions of § 15-2 of this chapter:

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.

All buildings erected, repaired or altered within the City in violation of the provisions of the ordinances of the City relating to materials and manner of construction of buildings and structures within said district.

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.

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. Any such obstruction which falls within a vision clearance of six feet shall be presumed to be a violation of this subsection. Despite such presumption, the Chief of Police may except trees from the requirements of this subsection when such trees have been defoliated to provide a vertical clearance of six feet and when, in the discretion of the Chief of Police, such trees by their size or number do not constitute an obstruction which would affect traffic safety to a point where removal would be advisable.

All limbs of trees which project over and less than eight feet above the surface of a public sidewalk or 14 feet above the surface of the portion of the street or alley traveled by vehicles.

All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the City.

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

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

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

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.

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

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.

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.

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

All snow and ice not removed or sprinkled with ashes, sawdust or sand as provided in Chapter 16, § 16-20 of this Code.

Public nuisances and procedures as set forth in Chapter 823, Wis. Stats. The provisions of Ch. 823, Wis. Stats., relating to nuisances, as said chapter is later renumbered, amended or repealed and recreated, exclusive of any provisions thereof relating to the penalty to be imposed, is hereby adopted and made a part of this chapter by reference.

[Added 8-6-2009 by Ord. No. 17-2009]

§ 15-6 Other public nuisances.

The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending the comfort, health, repose or safety of the public, but such enumeration shall not be construed to exclude other nuisances within the definition of § 15-2 of this chapter:

All owners of property located within the City who fail to keep their premises free of litter, trash or rubbish.

Definitions. As used in this section, the following terms shall have the meanings indicated:

LITTER

Includes, but is not limited to, trash and wastepaper lying scattered about and an untidy accumulation of objects of any kind.

RUBBISH

Includes, but is not limited to, waste materials and refuse of every character and kind, collected or accumulated.

TRASH

Includes, but is not limited to, something or object(s) worth little or nothing, and something or object(s) in a crumbled, broken or inoperable condition.

§ 15-7 Garbage/recycling cart regulations.

[Amended 11-4-2021; 7-7-2022]

Placement of carts for pickup: Garbage and recycling carts shall be placed behind the curb and on either the terrace or driveway no earlier than 12 hours prior to normal pickup time. Handles of the cart must face away from the roadway, opening of bins face the roadway; carts must be separated by no less than one foot. Carts must be removed by 7:00 p.m. on the day of pickup. No cart may be placed in the road or in front of the curb at the property. In the winter months, no cart may be placed on top of the snowbanks or in front of a snowbank.

Storage of garbage/recycling carts: Garbage and recycling carts must be stored in the backyard, garage or any other discreet location, provided that the carts are concealed from view.

Placement of trash recycling in carts: All trash must be in a garbage bag designed specifically for garbage and placed within the cart. All recycling may be placed directly in cart without the use of a bag. All trash and recycling must be placed in the cart with the cover closed. No trash or recycling may be placed on top of or next to the cart. Any trash or recycling that is not within the cart will not be picked up.

Assignment and responsibility of carts: The carts will be assigned to each address and must remain at that address even if the property is transferred to a third party. The property owner(s) is responsible for the cleanliness of the cart, lost carts, and any damage to the cart. Additional carts can be purchased through the City of Gillett at current market prices. No carts, including additional carts purchased, may be removed from the assigned property.

Prohibited Items: No yard debris, concrete or rocks, excessive clothing, large pieces of metal, dirt, construction or remodeling debris, dead animals, and/or household hazardous waste (e.g., batteries, oil, oil filters, cleaning products, wet paints, stains, antifreeze, etc.) or any electronic devices (e.g., televisions, computers, monitors, DVD players, VCRs, printers, fax and copy machines, cell phones, etc.). These products are required to be disposed of at the recycling facility. If any of these prohibited items are found in a trash or recycle cart, the cart will not be emptied and a fine of $50 will be imposed for each offense.

§ 15-8 Barking dogs and crying cats. [1]

It shall be unlawful for any person knowingly to keep or harbor any dog which habitually barks, howls or yelps or any cat which habitually cries or howls to the great discomfort of the peace and quiet of the neighborhood or in such manner as to materially disturb or annoy persons in the neighborhood who are of ordinary sensibilities. Such dogs and cats are hereby declared to be a public nuisance.

Editor's Note: Original § 9.02(6) of the prior Code, Keeping of animals and fowl, has been moved and included in Ch. 6, Animals, § 6-14, of this Code.

§ 15-9 Enforcement and abatement.

Enforcement. It shall be the duty of the Chief of Police and Building Inspector to 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 have satisfied himself that a nuisance does in fact exist.

Summary abatement.

Notice to owner. If the inspecting officer shall determine that a public nuisance exists within the City and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Mayor may direct the Chief of Police 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. 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 and shall state that unless such nuisance is so abated, the City 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.

Abatement by City. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the officer having the duty of enforcement shall cause the abatement or removal of such public nuisance.

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 discuss this situation with the Mayor and City Attorney, and said persons shall then decide what course of action to take in handling the matter.

Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the State of Wisconsin nor as prohibiting an action to be commenced in the Circuit Court for Oconto County seeking a forfeiture as provided in § 15-13 of this chapter.

§ 15-10 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 City 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.

§ 15-11 Junked vehicles and appliances.

Storage of automobiles restricted.

No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles, truck bodies, tractors, trailers or appliances shall be stored or be allowed to remain in the open upon public or private property within the City for a period exceeding five days, if upon public property, or for a period exceeding 30 days if upon private property.