[HISTORY: Adopted by the Town Board of the
Town of Grand Chute 1-9-1997 as Ch. 8 of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 197.
Fires and fire prevention — See Ch. 291.
Fireworks — See Ch. 295.
Hazardous substances — See Ch. 310.
Intoxicating liquor and fermented malt beverages — See Ch. 335.
Junk dealers — See Ch. 349.
Peace and good order — See Ch. 415.
Property maintenance — See Ch. 423.
Sewers — See Ch. 440.
Trees and shrubs — See Ch. 497.
Waste management — See Ch. 520.
No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the Town of
Grand Chute.
A.
A public nuisance is a thing, act, occupation, condition
or use of property which shall continue for such length of time as
to:
(1)
Substantially annoy, injure or endanger the comfort,
health, repose or safety of the public.
(2)
In any way render the public insecure in life or in
the use of property.
(3)
Greatly offend the public morals or decency.
(4)
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.
B.
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.
C.
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]
(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.
D.
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.
(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]
[Added 2-19-2009 by Ord. No. 6-2009]
A.
CHIEF
DEPARTMENT HEAD
EFFECT OF PROPERTY CONVEYANCE
(1)
(2)
ENFORCEMENT ACTION
NUISANCE ACTIVITY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
OWNER
PERSONS ASSOCIATED WITH
PREMISES
Definitions. The following terms shall be defined as follows in this
section:
The Chief of Police or his/her designee and the Fire Chief
or his/her designee.
Includes the Director of Community Development and/or Public
Works Director.
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.
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:
Arrest, the issuance of a citation, or the issuance of a
written or verbal warning.
Any of the following activities, behaviors, or conduct whenever
engaged in by property owners, operators, tenants, occupants, or persons
associated with premises:
An act of harassment, as defined in § 947.013, Wis.
Stats.
Disorderly conduct, as defined in § 947.01, Wis. Stats.
Crimes of violence, as defined in Ch. 940, Wis. Stats.
Obstructing or resisting an officer, as defined in § 946.41,
Wis. Stats.
Crimes against sexual morality, as defined in Ch. 944, Wis.
Stats.
Any gambling crimes, as defined in Ch. 945, Wis. Stats.
Animal violations, as defined in Chapter 197 of this Code.
Theft, as defined in § 943.20, Wis. Stats.
Receiving stolen property, as defined in § 943.34,
Wis. Stats.
Damage to property, as defined in § 943.01, Wis. Stats.
Arson, as defined in § 943.02, Wis. Stats.
Possession, manufacture, or delivery of a controlled substance
or related offenses, as defined in Ch. 961, Wis. Stats.
Trespassing, as defined in §§ 943.13 and 943.14,
Wis. Stats.
Weapons violations, as defined in Chapter 415 of this Code.
Noise violations, as defined in Chapter 415 of this Code.
Alcohol violations, as defined in Chapter 335 of this Code and § 125.07, Wis. Stats.
Loitering and curfew violations, as defined in Chapter 415 of this Code.
Reckless driving, as defined in § 346.62, Wis. Stats.
The execution of arrest or search warrants at a particular location.
Town of Grand Chute inspection-related calls where the Police
Department responds.
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.
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
|
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
|
The owner of the premises and his/her agents.
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.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
A.
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.
B.
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.
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.
A.
JUNKED VEHICLE
OWNER
Definitions. Terms used in this section shall have
the following meanings:
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. The definition shall also
include any vehicles stored in the open without being licensed in
excess of 30 days.
[Amended 3-20-2018 by Ord. No. 2018-07]
Includes owner, owners, tenants, lessees and/or occupants.
B.
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]
C.
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.
D.
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.
E.
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]
F.
Storage costs. If such vehicles are claimed by the
owner, the junk or salvage yard shall charge a reasonable fee for
handling and storing.
G.
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.
H.
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.
I.
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]
[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]
A.
Section 342.40, Wis. Stats., Vehicle abandonment prohibited; removal;
disposal, as amended from time to time, is incorporated herein by
reference.
B.
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.
C.
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.
D.
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.
E.
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.
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.
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.
A.
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.
B.
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.
C.
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.
[Added 9-21-1999]
A.
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.
B.
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.
C.
Emergency vehicles. Emergency vehicles shall be exempt
from this section.
A.
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]
B.
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.
C.
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.
D.
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.
E.
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.
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]
[Added 4-5-2001]
A.
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.
B.
Upon suspension, termination or nonrenewal, the business
and property owner shall immediately cease all operations for which
such license or permit is required.
C.
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.
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.
[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]
A.
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.
B.
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.
C.
Use of electronic delivery devices.
(1)
ELECTRONIC DELIVERY DEVICE
SMOKING
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:
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.
|
Burning or holding or inhaling or exhaling smoke, mist, or
vapor from any of the following items containing tobacco or nicotine
products:
D.
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.
E.
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.
[Added 1-21-2020 by Ord. No. 2020-04]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.