[HISTORY: Adopted by the Village Board of the Village of
Dane as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 190.
Animals — See Ch. 197.
Fireworks — See Ch. 298.
Hazardous materials and pollutants — See Ch. 310.
Intoxicating liquor and fermented malt beverages — See Ch. 324.
Juveniles — See Ch. 336.
Peace and good order — See Ch. 395.
Property maintenance — See Ch. 408.
Solid waste — See Ch. 449.
Streets and sidewalks — See Ch. 457.
Trees and shrubs — See Ch. 480.
Abandoned vehicles — See Ch. 491.
[Adopted 4-1-1996 as Secs. 8-1-1, 8-1-2, 8-1-3, 8-1-7, 8-1-8 and 8-1-9 of
the 1996 Code]
The Village Board may make reasonable and general rules for the enforcement of the provisions of this article and for the prevention of the creation of health nuisances and the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Board shall be subject to the general penalty provided for in § 1-4 of this Code.
A.
HEALTH NUISANCE
Definitions. As used in this article, the following terms shall have
the meanings indicated:
Any source of filth or cause of sickness.
No person shall deposit or cause to be deposited in any public
street or on any public ground or on any private property not his
own any refuse, garbage, litter, waste material or liquid or any other
objectionable material or liquid. When any such material is placed
on the person's own private property, it shall be properly enclosed
and covered so as to prevent the same from becoming a public nuisance.
A.
Whenever public sewer or water service has become available to any
building used for human habitation or human occupancy, the Village
Board shall notify, in writing, the owner, agent or occupant thereof
to connect such facilities thereto. If such persons to whom the notice
has been given shall fail to comply for more than 10 days after notice,
the Village Board shall cause the necessary connections to be made
and the expenses thereof to be assessed as a special tax against the
property pursuant to § 281.45, Wis. Stats.
B.
The Village Board may extend the time for connection hereunder or
may grant other temporary relief where strict enforcement would work
an unnecessary hardship without corresponding public or private benefit.
C.
This section is enacted pursuant to § 281.45, Wis. Stats.
A.
Inspections. Whenever the Building Inspector, Fire Inspector or other authorized Village official shall, upon inspection of any premises within the Village of Dane, find that there is deposited, placed, stored or remaining on said premises any garbage, junk, rubbish, rubble, trash, abandoned, outmoded or nonsalable merchandise or parts, accumulation of grease or food wastes in a grease trap or other place or depository which presents a risk of clogging or blocking a sewer system, or any other unhealthy, hazardous or unsightly materials or things which create a fire or health hazard or which are detrimental to the appearance, neatness and cleanliness of the immediate neighborhood or the Village of Dane in general, such official shall issue his written order to the owner and/or occupant of the premises to remove said garbage, junk, rubbish, rubble, trash, abandoned, outmoded, or nonsalable merchandise or parts, accumulation of grease or food wastes in a grease trap or other place or depository which presents a risk of clogging or blocking a sewer system, or other unhealthy, hazardous or unsightly materials or things. Said written order shall provide that such removal shall be accomplished within 10 days after service of said order upon the owner or occupant of the premises involved. Such written order, in addition to specifying and describing the materials or things to be removed, shall also set forth on the face thereof the provisions of Subsection B.
B.
Appeal. Any person feeling himself aggrieved by any order of a Village
official under this section may, within 10 days from the date of receipt
of such order, appeal such order to the Village Board.
C.
Exceptions. Nothing contained in this section shall be construed
to prohibit the depositing of rubbish, rubble, junk, trash, abandoned,
outmoded or nonsalable merchandise or parts or unsightly materials
or things which are:
D.
Nonconforming uses. It shall not be a defense to the provisions of this section that the owner or occupant of the premises involved has a nonconforming use under the provisions of Chapter 520, Zoning, but the provisions of this section shall be complied with notwithstanding that the owner or occupant of any given premises is using or occupying such premises under a valid nonconforming use.
A.
HARDWARE CLOTH
OWNER or MANAGER
RODENT HARBORAGE
RODENTPROOF CONTAINER
RODENTPROOFING
Definitions. The following definitions shall be applicable in this
section:
Wire screening of such thickness and spacing as to afford
reasonable protection against the entrance of rodents.
Whenever any person or persons shall be in actual possession
of or have charge, care or control of any property within the Village,
as executor, administrator, trustee, guardian or agent, such person
or persons shall be deemed and taken to be the owner or owners of
such property within the true intent and meaning of this section and
shall be bound to comply with the provisions of this section to the
same extent as the owner, and notice to any such person of any order
or decision of the Building Inspector or his designee shall be deemed
and taken to be a good and sufficient notice, as if such person or
persons were actually the owner or owners of such property, except
that whenever an entire premises or building is occupied as a place
of business, such as a store, factory, warehouse, rooming house, junkyard,
lumberyard or any other business under a single management, the person,
firm or corporation in charge of such business shall be considered
the owner or manager.
Any place where rodents can live and nest without fear of
frequent molestation or disturbance.
A container constructed of concrete or metal, or the container
shall be lined with metal or other material that is impervious to
rodents, and openings into the container such as doors shall be tight-fitting
to prevent the entrance of rodents.
Consists of closing openings in building foundations and
openings under and around doors, windows, vents and other places which
could provide means of entry for rodents with concrete, sheet iron,
hardware cloth or other types of rodentproofing material approved
by the Village.
B.
Elimination of rodent harborages. Whenever accumulations of rubbish,
boxes, lumber, scrap metal, car bodies or any other materials provide
rodent harborage, the person, firm or corporation owning or in control
of such materials shall cause the materials to be removed, or the
materials shall be stored so as to eliminate the rodent harborage.
Lumber boxes and similar materials shall be neatly piled. These piles
shall be raised at least a foot above the ground. When the owner of
the materials cannot be found after a reasonable search, the owner
or manager of the premises on which the materials are stored shall
be responsible for disposal, or proper piling, of the materials.
C.
Elimination of rodent feeding places. No person, firm or corporation
shall place, or allow to accumulate, any materials that may serve
as a food for rodents in a site accessible to rodents. Any waste material
that may serve as food for rodents shall be stored in rodentproof
containers. Feed for birds shall be placed on raised platforms, or
such feed shall be placed where it is not accessible to rodents.
D.
Extermination. Whenever rodent holes, burrows or other evidence of
rodent infestation is found on any premises or in any building within
the Village, it shall be the duty of the owner or manager of such
property to exterminate the rodents or to cause the rodents to be
exterminated. Within 10 days after extermination, the owner or manager
shall cause all of the rodent holes or burrows in the ground to be
filled with earth or other suitable material.
E.
Rodentproofing. It shall be the duty of the owner or manager of any
building in the Village of Dane to make such building reasonably rodentproof,
to replace broken basement windows and, when necessary, to cover the
basement window openings with hardware cloth or other suitable material
for preventing rodents from entering the building through such window
openings.
[Adopted 4-1-1996 as Title 11, Ch. 6, of the 1996 Code]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village of Dane.
As used in this article, the following terms shall have the
meanings indicated:
A thing, act, occupation, condition or use of property which
shall continue for such length of time as to:
Substantially annoy, injure or endanger the comfort, health,
repose or safety of the public.
In any way render the public insecure in life or in the use
of property.
Greatly offend the public morals or decency.
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 definition of § 379-8:
A.
Adulterated food: all decayed, harmfully 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 food which are not buried or otherwise disposed
of in a sanitary manner within 24 hours after death.
C.
Breeding places for vermin, decaying matter, etc.: accumulations
of decayed animal or vegetable matter, dung, 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.
Garbage cans: garbage cans which are not flytight.
F.
Noxious weeds: all noxious weeds and other rank growth of vegetation.
G.
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.
H.
Noxious odors, etc.: any use of property, substances or things within
the Village 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, cause discomfort
to, injure or inconvenience the health of any appreciable number of
persons within the Village.
I.
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.
J.
Accumulations of refuse: accumulations of old cans, lumber, elm firewood
and other refuse.
K.
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.[1]
L.
Animals at large: all animals running at large.
M.
Outdoor solid-fuel heating devices: devices designed to generate
heat or hot water, or both, for the interior of a building by solid
fuel combustion where the enclosure in which the combustion takes
place is located outside of the building for which the heat or hot
water, or both, is to be generated. This includes but is not limited
to outdoor wood-burning heating units.
[Added 5-2-2005]
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 § 379-8:
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, except
as permitted by state law.
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 in the ordinances of the Village.
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 the laws of the State of Wisconsin or ordinances of the Village.
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 § 379-8:
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 the ordinances of the Village relating
to materials and manner of construction of buildings and structures
within the Village.
C.
Unauthorized traffic signs: 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.
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 a public sidewalk
less than seven feet above the surface thereof and all limbs which
project over a public street less than 14 feet above the surface thereof.[1]
F.
Dangerous trees: all trees which are a menace to public safety or
are the cause of substantial annoyance to the general public.
G.
Fireworks: all use or display of fireworks except as provided by
the laws of the State of Wisconsin and ordinances of the Village.
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 over streets: all wires over streets, alleys or public grounds
which are strung less than 15 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 the ordinances of the Village, 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 or which do not conform to the permit.
L.
Open excavations: all open and unguarded pits, wells, excavations
or unused basements accessible from any public street, alley or sidewalk.
M.
Abandoned 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.
Flammable liquids: repeated or continuous violations of the ordinances
of the Village or laws of the state relating to the storage of flammable
liquids.
O.
Unremoved snow: all snow and ice not removed or sprinkled with ashes,
sawdust, sand or other chemical removers, as provided in this Code.
P.
Noise: all loud, discordant and unnecessary noises or vibrations
of any kind.
A.
Summary abatement.
(1)
Notice to owner. If the inspecting officer determines that a public
nuisance exists within the Village and that there is a danger to public
health, safety, peace, morals or decency, notice may be served by
the inspecting officer or an authorized deputy on the person causing,
maintaining or permitting such nuisance or on the owner or occupant
of the premises where such nuisance is caused, maintained or permitted,
and a copy of such notice shall be posted on the premises. Such notice
shall direct the person causing, maintaining or permitting such nuisance,
or the owner or occupant of the premises, to abate or remove such
nuisance within a period not less than 24 hours or greater than seven
days 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, maintaining or permitting
the nuisance, as the case may be.
(2)
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 officer having the duty of enforcement shall
cause the abatement or removal of such public nuisance.
B.
Abatement by court action. If the inspecting officer determines 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 inspector
or sanitarian shall file a written report of such findings with the
Village President who, upon direction of the Village Board, shall
cause an action to abate such nuisance to be commenced in the name
of the Village in Dane County Circuit Court in accordance with the
provisions of Ch. 823, Wis. Stats.
C.
Court order. Except where necessary under Subsection A, an officer hereunder shall not use force to obtain access to private property to abate a public nuisance but shall request permission to enter upon private property if such premises is occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
D.
Other methods not excluded. Nothing in this article shall be construed
as prohibiting the abatement of public nuisances by the Village or
its officials in accordance with the laws of the State of Wisconsin.
In addition to any other penalty imposed by this article 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. Such cost shall be assessed
against the real estate as a special charge.
A.
Enforcement. The Chief of Police, Fire Chief, Director of Public Works and Building Inspector shall enforce those provisions of this article 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 § 379-12 to abate a public nuisance unless the officer has inspected or caused to be inspected the premises where the nuisance is alleged to exist and is satisfied that a nuisance does, in fact, exist.
