[HISTORY: Adopted by the Village Board of the Village of
Kronenwetter 4-12-2004 as Ch. 14, Arts. II and III, of the 2004 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 200.
Building construction and fire prevention — See Ch. 218.
Fireworks — See Ch. 303.
Intoxicating liquor and fermented malt beverages — See Ch. 325.
Peace and good order — See Ch. 400.
Solid waste — See Ch. 441.
Streets and sidewalks — See Ch. 454.
Vehicles and traffic — See Ch. 496.
Zoning — See Ch. 520.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
- PUBLIC NUISANCE
- 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. 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.
Abatement.
(1)
Inspection of premises. Whenever complaint is made to the Village that a public nuisance or a violation of § 382-7 exists, the Village Police Department shall forthwith inspect or cause to be inspected the premises complained of and shall make a written report of the inspecting officer's findings. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the Clerk.
(2)
Summary abatement.
(a)
Notice to owner. If the inspecting officer shall determine that
a public nuisance exists within the Village and that there is great
and immediate danger to the public health, safety, peace, morals or
decency, the Village Police Department shall serve notice on the person
causing, permitting or maintaining such nuisance or upon the owner
or occupant of the premises upon which such nuisance is caused, permitted
or maintained and to post a copy of the 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 Village 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.
(b)
Abatement by Village. 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 or Village Police Department,
in the case of health nuisances, and the Village Police Department
in all other cases, shall cause the abatement or removal of such public
nuisance.
(3)
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, the inspecting
officer shall file a written report of his or her findings with the
Village Police Department who shall cause an action to abate such
nuisance to be commenced in the name of the Village and the Circuit
Court of the county, in accordance with the provisions of Wis. Stats.
Ch. 823.
(4)
Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the Village or
its officials in accordance with law.
C.
Cost of
abatement. 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
Village 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.
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village.
The following acts, omissions, places, conditions and things
are specifically declared to be public health nuisances, but such
enumeration shall not be construed to exclude other health nuisances
of this section:
A.
All decayed, harmfully adulterated or unwholesome food or drink sold
or offered for sale to the public.
B.
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.
C.
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.
All stagnant water in which mosquitoes, flies or other insects can
multiply.
E.
Garbage cans which are not flytight.
F.
All noxious weeds and other rank growth of vegetation.
G.
All animals running at large.
H.
The escape of smoke, soot, cinders, noxious acids, fumes, gases,
fly ash, industrial dust or other atmospheric pollutants within the
Village 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 Village.
I.
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.
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 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 Village.
K.
All abandoned wells not securely covered or secured from public use.
L.
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.
The following acts, omissions, places, conditions and things
are 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 of this
section:
A.
All disorderly houses, bawdy houses, houses of ill fame, gambling
houses and buildings or structures kept or resorted to for the purpose
of prostitution or gambling.
B.
All gambling devices and slot machines.
C.
All places where alcohol beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license required by § 325-2.
D.
Any place or premises within the Village where ordinances or laws
relating to public health, safety, peace, morals or welfare are openly,
continuously, repeatedly and intentionally violated.
E.
Any place or premises resorted to for the purpose of drinking alcohol
beverages in violation of law or ordinance.
The following acts, omissions, places, conditions and things are 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 § 382-3:
A.
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 public safety.
B.
All buildings erected, repaired or altered in violation of fire hazard
areas, relating to materials and manner of construction of buildings
and structures within such district.
C.
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
signal or which because of its color, location, brilliance or manner
of operation interferes with the effectiveness of any such device,
signal or sign.
D.
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.
All use or display of fireworks except as provided by law.
F.
All buildings or structures so old, dilapidated or out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
use.
G.
All wires over streets, alleys or public grounds which are strung
less that 15 feet above the surface thereof.
H.
All loud, discordant and unnecessary noises or vibrations of any
kind.
I.
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.
J.
All obstructions of streets, alleys, sidewalks or crosswalks and
all excavations in or under the same, except as permitted by the Village
or which, although made in accordance with Village authorization,
are kept or maintained for an unreasonable or illegal length of time
after the purpose thereof has been accomplished.
K.
All open and unguarded pits, wells, excavations or unused basements
freely accessible from any public street, alley or sidewalk.
L.
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.
M.
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.
N.
Repeated or continuous violations of ordinances or laws relating
to the storage of flammable liquids.
A.
No disassembled, dismantled, junked, wrecked or inoperable or unlicensed
vehicle shall be stored or allowed to remain in the open upon private
property within the Village for a period of more than five days unless
it is in connection with an automotive sales or repair business enterprise
located within a properly zoned area.
B.
The keeping, housing, storing and placing of all junk, such as scrap
iron, wrecked vehicles, junked vehicles, junked machinery, wrecked
machinery, junked trailers, wrecked trailers, bottles, jugs, rags,
broken glass, paper of all kinds, scrap metal and anything that might
pertain to a junkyard, is declared to be a public nuisance and detriment
to the public health and welfare of the Village.
C.
Any person violating Subsection A or B of this section shall be subject to § 382-2. Upon removal, the vehicle and/or junk shall be stored in a junkyard or salvage yard or other suitable place for 30 days, and the owner thereof shall be notified, if the name and whereabouts of the owner can be readily ascertained. At the end of this time, the vehicle and/or junk shall be disposed of unless claimed by the owner. If the vehicle and/or junk is claimed by the owner, all reasonable charges for handling and storage shall be paid by the owner.
[Added 3-12-2012 by Ord. No. 12-03]
A.
Definitions. The following definitions shall apply in the interpretation
and the enforcement of this section:
- EMERGENCY
- A situation in which property or human life is in jeopardy and the prompt summoning of aid is essential.
B.
No person shall dial the telephone number "911" knowing that no emergency
in fact exists.
C.
No person shall dial the telephone number "911" and report a situation
that he or she knows does not exist.
