[Adopted 5-27-1986 by Ord. No. 86-1 as Ch. 10 of the 1986
Municipal Code]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village.
A public nuisance is a thing, act, occupation, condition or
use of property which shall continue for such length of time as to:
A. Substantially annoy, injure or endanger the comfort, health, repose
or safety of the public.
B. In any way render the public insecure in life or in the use of property.
C. Greatly offend the public morals or decency.
D. Unlawfully and substantially interfere with, obstruct or tend to
obstruct or render dangerous for passage any street, alley, highway,
navigable body of water or other public way or the use of public property.
The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definitions of §
397-2 of this article:
A. Adulterated food. All decayed, adulterated or unwholesome food or
drink sold or offered for sale to the public.
B. Unburied carcasses. Carcasses of animals, birds or fowl not intended
for human consumption, or foods which are not buried or otherwise
disposed of in a sanitary manner within 24 hours after death.
C. Breeding places for vermin, etc. Accumulations of decayed animal
or vegetable matter, trash, rubbish, rotting lumber, bedding, packing
material, scrap metal or any material whatsoever in which flies, mosquitoes,
disease-carrying insects, rats or other vermin may breed.
D. Stagnant water. All stagnant water in which mosquitoes, flies or
other insects can multiply.
E. Privy vaults and garbage cans. Privy vaults and garbage cans which
are not flytight.
F. Animals. All animals running at large.
G. Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash or industrial dust within the Village limits
or within one mile therefrom in such quantities as to endanger the
health of persons of ordinary sensibilities or to threaten or cause
substantial injury to property.
H. Noxious weeds. All noxious weeds, as defined in § 66.0407,
Wis. Stats. In addition, other rank growth of vegetation, and all
weeds, grasses and plants over 12 inches in height, excluding trees
and shrubs, which:
(1) Detract from the surrounding area and properties.
(2) Become a possible fire hazard, as determined by the Fire Chief.
(3) Become a health hazard due to their pollen or a potential cover for
disease-carrying rodents and other small animals.
(4) Are of infectious or poisonous nature in or adjacent to a populated
area, regardless of height.
(5) Become a potential hazard to vehicular traffic in vision clearance
triangles.
I. Water pollution. The pollution of any public well or cistern, stream,
lake, canal or other body of water by sewage, creamery or industrial
wastes or other substances.
J. Noxious odors, etc. Any use of property, substances or things within
the Village emitting or causing any foul, offensive, noisome, nauseous,
noxious or disagreeable odors, gases, effluvia or stenches repulsive
to the physical senses of ordinary persons which annoy, discomfort,
injure or inconvenience the health of any appreciable number of persons
within the Village.
K. Street pollution. Any use of property which shall cause any nauseous
or unwholesome liquid or substance to flow into or upon any street,
gutter, alley, sidewalk or public place within the Village.
L. Pesticide application. The application, or causing of the application,
of any pesticide, as defined in § 94.67(25), Wis. Stats.,
in such a manner as to endanger the health of persons within the Village.
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 §
397-2 of this article.
A. Disorderly houses. All disorderly houses, bawdy houses, houses of
ill fame, gambling houses and buildings or structures kept or resorted
to for the purpose of prostitution, promiscuous sexual intercourse
or gambling.
B. Gambling devices. All gambling devices and slot machines.
C. Unlicensed sale of liquor and beer. All places where 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.
D. Continuous violation of Village ordinances. Any place or premises
within the Village where Village ordinances or state laws relating
to public health, safety, peace, morals or welfare are openly, continuously,
repeatedly and intentionally violated.
E. Illegal drinking. Any place or premises resorted to for the purpose
of drinking intoxicating liquor or fermented malt beverages in violation
of state laws or this Code.
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 §
397-2 of this article:
A. Signs, billboards, etc. All signs and billboards, awnings and other
similar structures over or near streets, sidewalks, public grounds
or places frequented by the public so situated or constructed as to
endanger the public safety.
B. Illegal buildings. All buildings erected, repaired or altered in
violation of the provisions of this Code relating to materials and
manner of construction of buildings and structures within the Village.
C. Unauthorized traffic signs. All unauthorized signs, signals, markers
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 device, sign or signal.
D. Obstruction of intersections. All trees, hedges, billboards or other
obstructions which prevent persons driving vehicles on public streets,
alleys or highways from obtaining a clear view of traffic when approaching
an intersection or pedestrian crosswalk.
E. Tree limbs. All limbs of trees which project over and less than 10
feet above any public sidewalk or less than 15 feet above a street
or other public place.
F. Dangerous trees. All trees which are injurious to public health or
safety because of a diseased or damaged condition, and the storage
of cut elm wood, unless such wood is debarked or sprayed with an effective
elm bark beetle destroying insecticide.
G. Fireworks. All use, possession or display of fireworks except as provided by the laws of the state and Chapter
295, Fireworks, of this Code.
H. Dilapidated buildings. All buildings or structures so old, dilapidated
or out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human use.
I. Wires and cables over streets. All wires and cables over streets,
alleys or public grounds which are strung less than 18 feet above
the surface thereof.
J. Noisy animals or fowl. The keeping or harboring of any animal or
fowl which, by frequent or habitual howling, yelping, barking, crowing
or making of other noises, shall greatly annoy or disturb a neighborhood
or any considerable number of persons within the Village.
K. Obstructions of streets; excavations. All obstructions of streets,
alleys, sidewalks or crosswalks and all excavations in or under the
same, except as permitted by this Code or which, although made in
accordance with this Code, are kept or maintained for an unreasonable
or illegal length of time after the purpose thereof has been accomplished,
or do not conform to the permit.
L. Snow, ice and debris removal. All debris not removed, and all snow and ice not removed or sprinkled with salt, ashes, sawdust or sand, as provided in Chapter
462, Streets and Sidewalks, of this Code.
M. Refrigerators. All abandoned refrigerators or iceboxes from which
the doors and other covers have not been removed or which are not
equipped with a device for opening from the inside.
N. Open pits, basements, etc. All open and unguarded pits, wells, excavations
and basements.
O. Flammable liquids violations. Repeated or continuous violations of
this Code or the laws of the state relating to the storage of flammable
liquids.
In addition to the penalties provided in this article, any person who shall violate any provision of this article, or permit or cause a public nuisance, shall be subject to a penalty as provided in Chapter
1, General Provisions, Article
I, Construction and Penalties, of this Code.
[Adopted 5-27-1986 by Ord. No.
86-1 as Secs. 11.05 and 11.10 of the 1986 Municipal
Code]
[Amended by Ord. No. 04-1]
No person shall conduct within the Village or within one mile
of the Village limits any business which has a tendency to create
a public nuisance, except upon permit issued by the Village Board
and subject to such conditions as the Board may impose.
As used in this article, the following terms shall have the
meanings indicated:
NUISANCE-TYPE BUSINESS
A business which has a tendency to create a public nuisance is one which, unless properly regulated, may create conditions creating a public nuisance as defined in §
397-2 of this article.
This article is enacted pursuant to § 66.0415, Wis.
Stats.
Any person who shall violate any provision of this article shall be subject to a penalty as provided in Chapter
1, General Provisions, Article
I, Construction and Penalties, of this Code.