City of Marion, WI
Shawano, Waupaca County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Secs. 8-1-1 to 8-1-3 and Title 11, Ch. 6, of the 1993 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 235.
Animals — See Ch. 251.
Fires and fire prevention — See Ch. 345.
Fireworks — See Ch. 349.
Hazardous materials — See Ch. 367.
Intoxicating liquor and fermented malt beverages — See Ch. 383.
Peace and good order — See Ch. 468.
Property maintenance — See Ch. 481.
Solid waste — See Ch. 519.
Trees and shrubs — See Ch. 546.
Abandoned vehicles — See Ch. 568.

§ 445-1 Rules and regulations.

The Board of Health may make reasonable and general rules for the enforcement of the provisions of this chapter 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 Common Council or Board of Health shall be subject to the general penalty provided for in § 1-4 of this Code.

§ 445-2 Health nuisances.

A. 
Defined. A health nuisance is any source of filth or cause of sickness.
B. 
Duty to abate. The Board of Health shall abate health nuisances pursuant to § 254.59, Wis. Stats., which is adopted by reference and made a part of this section.

§ 445-3 Deposit of deleterious substances.

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.

§ 445-4 Public nuisances prohibited.

No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City of Marion.

§ 445-5 Public nuisance defined.

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.

§ 445-6 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 § 445-5:
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, 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. 
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 City or within four miles thereof 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.
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 City.
J. 
Animals at large. All animals running at large.
K. 
Accumulations of refuse. Accumulations of old cans, lumber, elm firewood and other refuse.
L. 
Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the City 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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 445-7 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 § 445-5:
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 City.
D. 
Continuous violation of City ordinances. 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.
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 City.

§ 445-8 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 § 445-5:
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 City relating to materials and manner of construction of buildings and structures within the City.
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 their color, location, brilliance or manner of operation, interfere 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 10 feet above the surface thereof and all limbs which project over a public street less than 14 feet above the surface thereof.
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 City.[1]
[1]
Editor's Note: See Ch. 349, Fireworks.
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 person within the City.
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 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, or which do not conform to the permit.[2]
[2]
Editor's Note: See Ch. 530, Streets and Sidewalks.
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 City 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.[3]
[3]
Editor's Note: See § 530-10, Snow and ice removal.

§ 445-9 Abatement of public nuisances.

A. 
Summary abatement.
(1) 
Notice to owner. If the inspecting officer determines that a public nuisance exists within the City 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 City 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Abatement by City. 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 Mayor, who, upon direction of the Council, shall cause an action to abate such nuisance to be commenced in the name of the City in any court of competent jurisdiction in the State of Wisconsin in accordance with the provisions of Ch. 823, Wis. Stats.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 chapter shall be construed as prohibiting the abatement of public nuisances by the City or its officials in accordance with the laws of the State of Wisconsin.

§ 445-10 Recovery of abatement costs. [1]

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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 445-11 Enforcement; violations and penalties.

A. 
Enforcement. The Chief of Police, Fire Chief, Street Superintendent, Building Inspector and the Health Officer shall enforce those provisions of this chapter 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 § 445-9 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.
B. 
General penalty. Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.