No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City.
As used in this chapter, the following terms shall have the
meanings indicated:
PUBLIC NUISANCE
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.
PUBLIC NUISANCES AFFECTING HEALTH
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" above:
(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 or are attracted.
[Amended by Ord. No. 949]
(4)
All stagnant water in which mosquitoes, flies or other insects
can multiply.
(5)
Privy vaults and garbage cans which are not flytight.
(6)
All noxious weeds and other rank growth of vegetation.
(7)
All animals running at large, including but not limited to dogs
and cats.
[Amended by Ord. No. 984]
(8)
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 therefrom 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.
(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 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.
(11)
All abandoned wells not securely covered or secured from public use. Abandoned wells not served by the Shawano municipal water system shall be abandoned pursuant to §
12.232, Well abandonment, of this Code.
[Amended 9-8-1999 by Ord.
No. 1419]
(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 City.
(13)
Smoking regulations. The Common Council hereby adopts § 101.123,
Wis. Stats., as amended by Wisconsin Act 12, by reference.
[Added 8-11-2010 by Ord. No. 1767]
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 the
definition of "public nuisance":
(1)
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.
(2)
All buildings erected, repaired or altered within the fire limits
of 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.
(3)
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.
(4)
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 triangle extending 25 feet horizontally along each
street line from their intersection and within a vertical 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 section 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.
(5)
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.
(6)
All use or display of fireworks except as provided by the laws
of the State of Wisconsin and ordinances of the City.
(7)
All buildings or structures so old, dilapidated or out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
use.
(8)
All wires over streets, alleys or public grounds which are strung
less than 15 feet above the surface thereof.
(9)
All loud, discordant and unnecessary noises or vibrations of
any kind.
(10)
The keeping or harboring of any animal or fowl which by frequent
or habitual howling, yelping, barking, crowing or making of other
noises shall greatly annoy or disturb a neighborhood or any considerable
number of persons within the City.
(11)
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.
(12)
All open and unguarded pits, wells, excavations or unused basements
freely accessible from any public street, alley or sidewalk.
(13)
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.
(14)
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.
(15)
Repeated or continuous violations of the ordinances of the City
or laws of the State of Wisconsin relating to the storage of flammable
liquids.
(16)
All snow and ice not removed or sprinkled with ashes, sawdust or sand as provided in §
5.05 of this Code.
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":
(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 this Code.
(4)
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.
(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 City.
PUBLIC NUISANCES, OTHER
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 "public nuisance":
(1)
All owners or occupants of property located within a residential
district of the City who fail to keep their premises free of litter,
trash or rubbish.
[Amended 4-21-2009 by Ord. No. 1746]
(2)
All owners or occupants of property located within a residential
district of the City who allow their property to accumulate trash,
litter or rubbish.
[Amended 4-21-2009 by Ord. No. 1746]
(3)
"Litter" as used in this section includes, but is not limited
to, trash and wastepaper lying scattered about; and an untidy accumulation
of objects of any kind.
(4)
"Trash" as used in this section 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.
(5)
"Rubbish" as used in this section includes, but is not limited
to, waste materials and refuse of every character and kind, collected
or accumulated.
(6)
Boarded up windows and doors except when required to secure
a building due to damaged windows or doors and then only for a repair
period of not more than 60 days, reasonable time extensions may be
granted by the Building Inspector or Chief of Police when presented
with documentation that a time extension is necessary.
[Added 6-8-2005 by Ord. No. 1618]
(7)
The term "outdoor solid fuel heating device/unit" means a structure
or device located outdoors that supplies direct or indirect heat from
the burning of solid fuel, including, but not limited to, wood, to
a building. Outdoor solid fuel heating devices are prohibited and
shall not be installed or operated within the City. All solid fuel
units installed within the City at the time of the adoption of this
subsection are required to meet emissions standards currently required,
or amended, by the Environmental Protection Agency (EPA), but said
units shall not be used after January 1, 2011.
[Added 3-10-2010 by Ord. No. 1766]
PUBLIC NUISANCES AND PROCEDURES AS SET FORTH IN CHAPTER 823
WIS. STATS.
The provisions of W.S.A. Ch. 823 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 9-22-2005 by Ord. No. 1627]
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.
[Amended 9-8-1999 by Ord.
No. 1419; 6-8-2005 by Ord. No. 1619; 9-9-2015 by Ord. No. 1879]
(1) Definitions. The following definitions shall apply in the interpretation
and enforcement of this section:
PERSON
Any individual, firm, partnership, association, corporation,
company, or organization of any kind.
VEHICLE
A machine propelled by power other than human power designated
to travel along the ground, air or water by use of wheels, treads,
runners, or slides and transport persons or property or pull machinery
and shall include, without limitation, automobile, truck, trailer,
motor home, motorcycle, tractor, buggy, wagon, boat and aircraft.
(2) Junked vehicles. No person shall keep any partially dismantled, unregistered, inoperable, wrecked or otherwise junked vehicle on any privately owned premises within the City, including any street or highway, for a period of time in excess of 24 hours. Any such vehicle shall constitute a public nuisance and subject the owner or keeper thereof to a forfeiture as provided in Subsection
(6) of this section. Such vehicle may also be impounded as provided for in Subsection
(5) of this section.
(3) Abandoned vehicles. No person shall leave unattended any vehicle for a period exceeding three months in a twelve-month period on any private or public property, including any street or highway, for such time, and under such circumstances, as to cause the vehicle to reasonably appear to be abandoned. Except as otherwise provided in this section, whenever any vehicle has been left unattended without the permission of the property owner for more than 72 hours on private property or more than 24 hours on any public property, including any street or highway, the vehicle is deemed abandoned and constitutes a public nuisance. A vehicle shall not be considered an abandoned vehicle when it is out of ordinary public view. Violation of this subsection shall subject the owner or keeper of such vehicle to a forfeiture as provided in Subsection
(6) of this section. Such vehicle may also be impounded as provided for in Subsection
(5) of this section.
(4) Exceptions. The following vehicles shall be considered not junked or abandoned within the meaning of Subsection
(2) or
(3) of this section:
(a)
Vehicles kept in connection with an automotive sales or repair
business enterprise located in a properly zoned area;
(b)
Vehicles kept in an enclosed building;
(c)
Vehicles located on the premises of a business operated in a
lawful place and manner when necessary to the operation of such business
enterprise; and
(d)
Vehicles in an appropriate storage or depository maintained
in a lawful place and manner by the City.
(5) Impounding. Any junked or abandoned vehicle found to be in violation of this section may be impounded and disposed of as provided in § 342.40, Wis. Stats. The Shawano Police Department shall be responsible for the administration of this Subsection
(5). Sale of impounded vehicles shall be by sealed bid.
(6) Penalties. Any person, firm, partnership, or corporation violating or failing to comply with any of the provisions of this section shall be subject to penalties per §
20.04 of this code, plus the cost of impounding and disposing of the vehicle(s). Each day such violation is committed or permitted to continue shall constitute a separate offense.
[Amended by Ord. No. 1191A]
(1) Purpose. The policy of the City is to regulate and control the planting,
transplanting, removal, maintenance and protection of public and private
trees and shrubs in the City in order to eliminate and guard against
dangerous conditions which may result in injury to persons using the
streets, alleys, sidewalks or property of the City; to promote the
beauty and general welfare of the City; to protect trees and shrubs
located in the public areas from undesirable and unsafe planting,
removal, treatment and maintenance practices; and to control the spread
of tree diseases, and insect infestations.
[Amended 12-10-2008 by Ord. No. 1732]
(2) City Forester.
(a)
There is hereby created the office of City Forester. The Forester
shall be appointed by the Public Works Field Committee of the City,
with the approval of the Council.
(b)
The Forester shall annually submit to the Public Works Field
Committee his or her estimate of the amount of money required by the
Forester for the succeeding year for salary and for removal, trimming
and planting of trees and shrubs.
(c)
The Forester shall, subject to the supervision and control of
the Director of Public Works, have jurisdiction and direction over
all trees and shrubs planted or growing in or upon City-owned property
and that part of every street, the grade of which has been established,
lying between the lot line and the curb in the City, and the planting,
removal, care, maintenance and protection thereof.
(d)
The Forester shall submit to the Director of Public Works an
annual plan for the orderly planting, trimming and removal of public
trees and shrubs in the City, and an annual written report of the
work performed under his or her direction. The annual plan and any
subsequent changes shall be submitted to appropriate City Committees/Commissions
for review prior to submission to and approval by the Council.
(e)
The City Forester shall serve as advisor to the City Tree Advisory
Committee.
(3) Definitions. As used in this section, the following terms shall have
the meanings indicated:
BUSH or SHRUB
A low-spreading woody plant with several permanent stems.
CITY FORESTER
The Forester or persons hired or authorized by him or her.
PUBLIC TREES AND SHRUBS
All trees or shrubs planted or to be planted in any park
or other property owned or controlled by the City or on any street,
alley, sidewalk or highway within the public right-of-way, including
terrace trees and shrubs, but excluding school sites.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
or ways within the City.
TREE
A woody perennial plant with one main stem or trunk which
is capable of attaining a height in excess of 10 feet above the ground.
(4) Creation and establishment of a City Tree Advisory Committee.
(a)
Membership. There is hereby created and established a City Tree
Advisory Committee for the City which shall consist of five members,
citizens and residents of the City who shall be appointed by the Mayor
with the approval of the Council.
(b)
Term of office. The terms of the five persons to be appointed
by the Mayor shall be three years, except that the terms of two of
the members appointed to the first Committee shall be for only one
year, and the terms of two members of the first Committee shall be
for two years. In the event that a vacancy shall occur during the
term of any member, his or her successor shall be appointed for the
unexpired portion of the term.
(c)
Compensation. Members of the Committee shall be compensated
as established by the City Council.
[Amended 12-10-2008 by Ord. No. 1733]
(d)
Duties and responsibilities. It shall be the responsibility
of the Committee to study, investigate, counsel and develop and/or
update annually and to submit a written plan in conjunction with the
City Forester for the care, preservation, pruning, planting, replanting,
removal or disposition of trees and shrubs in parks, along streets
and in other public areas. Such plan shall be presented annually to
the Public Works Field Committee and other appropriate committees/commissions
and, upon their acceptance and Council approval, shall constitute
the Official Comprehensive City Tree Plan. The Tree Advisory Committee,
when requested by the Field Committee, shall consider, investigate,
make findings, report and recommend upon any special matter or questions
coming within the scope of its work.
(e)
Operation. The Committee shall choose its own officers, make
its own rules and regulations and keep a journal of its proceedings.
A majority of the members shall be a quorum for the transaction of
business.
(5) Tree planting regulations.
(a)
Species.
1.
The Tree Advisory Committee shall develop and maintain a list
of desirable trees for planting along streets in three size classes
based on mature height as follows:
|
Class of Tree
|
Height
(feet)
|
---|
|
Small trees
|
Under 20
|
|
Medium trees
|
20 to 40
|
|
Large trees
|
Over 40
|
2.
A list of trees not suitable for planting shall also be created
by the Tree Advisory Committee. No person shall plant any street tree
without a permit from the City Forester.
(b)
Spacing. The spacing of street trees shall be in accordance
with the three species size classes listed in Subsection (5)(a) above,
and no trees may be planted closer together than the following except
in special plantings designed or approved by the City Forester. No
person shall plant any street tree without a permit from the City
Forester.
|
Class of Tree
|
Spacing
(feet)
|
---|
|
Small trees
|
30
|
|
Medium trees
|
40
|
|
Large trees
|
50
|
(c)
Distance from curb and sidewalk. The distance trees may be planted
from curbs or curblines and sidewalks shall be in accordance with
the three species size classes listed in Subsection (5)(a) above,
and no trees may be planted closer to any curb or sidewalk than the
following unless approved by the City Forester:
|
Class of Tree
|
Distance
(feet)
|
---|
|
Small trees
|
1 1/2
|
|
Medium trees
|
2
|
|
Large trees
|
4
|
(d)
Distance from street corners and fire hydrants. No street tree
shall be planted within 35 feet of any street corner, measured from
the point of nearest intersecting curbs or curblines. No street tree
shall be planted within 10 feet of any fire hydrant.
(e)
Utilities. No street tree other than those species listed as
small trees in Subsection (5)(a) above may be planted under or within
10 feet of any overhead utility wire.
(f)
Public tree care. The City shall have the right to plant, prune,
maintain and remove trees, plants and shrubs within the lines of all
streets, alleys, avenues, lanes, squares and public grounds as may
be necessary to ensure public safety or to preserve or enhance the
symmetry and beauty of such public grounds. The Tree Advisory Committee
may remove or cause or order to be removed any tree or part thereof
which is in an unsafe condition or which, by reason of its nature,
is injurious to sewers, electric power lines, gas lines, water lines
or other public improvements, or is affected with any injurious fungus,
insect or other pest. No person or entity shall damage and/or remove
or cause to be damaged and/or removed any tree, or root system thereof,
from any public street, road, alley or terrace without written permission
from the City Forester.
(6) Tree topping. It shall be unlawful as a normal practice for any person,
firm or City department to top any street tree, park tree or other
tree on public property. "Topping" is defined as the severe cutting
back of limbs to stubs larger than three inches in diameter within
the tree's crown to such a degree so as to remove the normal
canopy and disfigure the tree. Trees severely damaged by storms or
other causes, or certain trees under utility wires or other obstructions
where other pruning practices are impractical, may be exempted from
this section at the determination of the Tree Advisory Committee or
the City Forester.
(7) Pruning, corner clearance. Every owner of any tree overhanging any
street or right-of-way within the City shall prune the branches so
that such branches shall not severely obstruct the light from any
street lamp or obstruct the view of any street intersection so that
there shall be a clear space of 14 feet above the street surface or
eight feet above the sidewalk surface. Said owners shall remove all
dead, diseased or dangerous trees or broken or decayed limbs which
constitute a menace to the safety of the public. The City shall have
the right to prune any tree or shrub on private property when it interferes
with the proper spread of light along the street from a streetlight
or interferes with visibility of any traffic control device or sign
or sight triangle at intersections. Tree limbs that grow near high-voltage
electrical conductors shall be maintained clear of such conductors
by the electric utility company in compliance with any applicable
franchise agreement. The utility company shall have the right to prune
trees on public and private property in the event such tree is constituted
a hazard to life and/or property. A utility tree trimming policy must
be adopted by each utility company and the Tree Advisory Committee
and followed for any trimming by the utility company.
[Amended 12-10-2008 by Ord. No. 1734]
(8) Dead or diseased tree removal on private property.
[Amended 12-10-2008 by Ord. No. 1734]
(a)
The City shall have the right to cause the removal of any dead,
hazardous or diseased trees on private property within the City when
such trees constitute a hazard to life and/or property, including,
but not limited to, utility lines, or harbor insects or disease which
constitutes a potential threat to other trees within the City. The
City Forester shall notify, in writing, the owners of such trees.
The Forester shall also have the authority to issue citations as necessary.
Removal shall be done by said owners at their own expense within 60
days after the date of service of notice. In the event of failure
of owners to comply with such provisions, the City shall have the
authority to remove such trees and charge the cost of removal on the
owner's property tax notice. The Forester shall have the authority
to enter upon private property at all reasonable times for the purpose
of carrying out the provisions of this section.
(b)
The Tree Advisory Committee shall also have the authority to
adopt policies on methods that shall be followed to deal with any
insect infestation and tree disease.
(9) Removal of stumps. All stumps of street and park trees shall be removed
below the surface of the ground so that the top of the stump shall
not project above the surface of the ground.
(10)
Interference with City Tree Advisory Committee. It shall be
unlawful for any person to prevent, delay or interfere with the Tree
Advisory Committee or any of its agents while engaging in and about
the planting, cultivating, mulching, pruning, spraying or removing
of any street trees, park trees or trees on private grounds, as authorized
in this section.
(11)
Review by Council. The Council shall have the right to review
the conduct, acts and decisions of the Tree Advisory Committee. Any
person may appeal from any ruling or order of the Committee to the
Council who may hear the matter and make final decisions.
(12)
Oak wilt and Dutch elm disease control. The purpose of this
section is for the protection of public and private property to control
the spread of oak wilt fungus, a/k/a Ceratocystis fagacearum, and
Dutch elm disease, a/k/a Ceratostomella ulmi.
[Added by Ord. No. 1231; amended by Ord. No.
1261]
(a)
Prohibition of trimming, cutting, pruning or injuring oak trees
from April 1 to October 1 of each year. No person shall trim, cut,
prune or injure any oak or elm tree in the City between April 1 and
October 1 of each year without obtaining a written permit from the
Clerk-Treasurer, except a person may girdle and/or trench an infected
tree to prevent the spread of the disease.
(b)
Prohibition of transporting any infected wood or bark into or
within the City. No person shall transport any wood or bark infected
with fungus into or within the City limits from April 1 to October
1, except a person may transport infected wood to a site designated
by the City for disposal upon a permit issued under this section for
transportation of such wood, except this prohibition does not apply
to anyone who transports such material through the City and who does
not unload or leave such material in the City.
(c)
Handling of infected wood or bark. Any infected tree that has
been cut and the wood is to be used as fuel wood or to be salvaged
for other purposes shall be debarked or completely enclosed with a
plastic tarp or stored indoors in a closed building from April 1 to
October 1.
(d)
Permit procedure. Any person seeking a permit from the Clerk-Treasurer
to trim, cut or prune any oak or elm tree in the City limits or transport
infected wood or bark within the City between April 1 and October
1 of each year shall submit a written statement from the City Forester
stating that the oak or elm tree proposed to be trimmed, cut or pruned
is not infected with fungus or in the proximity of any trees which
are infected with fungus which would promote the spread of the disease.
The written statement shall be dated within 15 days of application
to the Clerk-Treasurer.
(e)
Permit issuance. Upon application for a permit with proper written
statement of the City Forester, the Clerk-Treasurer may issue a permit
to trim, cut or prune and/or transport within the City. The permit
shall allow trimming, cutting or pruning within 20 days of issuance
of the permit. Any person trimming, cutting or pruning oak or elm
trees shall comply with all conditions of the permit as required in
the statement of the Forester. The cost of said permit shall be as
set by Council resolution and shall be required each time a person
desires to trim, cut or prune said trees.
[Amended by Ord. No. 1262; 12-8-1999 by Ord. No. 1438]
Any person who shall violate the provisions of this chapter
shall, upon conviction, be subject to a forfeiture of not less than
$100 nor more than $500 for each offense; provided, however, that
such person shall not be subject to such forfeiture if such nuisance
is abated in accordance with the provisions for same as set out in
this chapter.