[HISTORY: Adopted by the Town Board of the Town of Genesee 11-14-1988. Amendments
noted where applicable.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch. 212.
Animals — See Ch. 233.
Drug paraphernalia — See Ch. 293.
Explosives — See Ch. 310.
Firearms and hunting — See Ch. 326.
Fires and fire prevention — See Ch. 330.
Fireworks — See Ch. 334.
Intoxicating liquor and fermented malt beverages — See Ch. 356.
Exterior lighting — See Ch. 387.
Smoking — See Ch. 482.
No person shall throw or shoot any object, arrow, stone, snowball
or other missile or projectile, by hand or by any other means, at
any person or at, in or into any building, street, sidewalk, alley,
highway, park, playground or other public place within the Town.
No person shall stand, sit, loaf or loiter or engage in any
sport or exercise on any public street, sidewalk, bridge or public
ground within the Town in such manner as to prevent or obstruct the
free passage of pedestrian or vehicular traffic thereon or to prevent
or hinder free ingress or egress to or from any place of business
or amusement, church, public hall or meeting place.
No person shall within the Town:
A.
In any public or private place engage in violent, abusive, indecent,
profane, boisterous, unreasonably loud or other disorderly conduct
which tends to cause or provoke an immediate disturbance of public
order or tends to disturb or annoy any other person or persons.
B.
Intentionally cause, provoke or engage in any fight, brawl, riot
or noisy altercation other than a bona fide athletic contest.
A.
No person shall make or cause to be made any loud, disturbing or
unnecessary sounds or noises such as may tend to annoy or disturb
another in or about any public street, alley or park or any private
residence.
B.
Operation of motor vehicles. No person shall operate a motor vehicle
so as to cause the tires thereof to squeal or to unnecessarily throw
stones or gravel, the horn to blow excessively or the motor to race
excessively.
A.
Loitering or prowling. No person shall loiter or prowl in a place,
at a time or in a manner not usual for law-abiding individuals under
circumstances that warrant alarm for the safety of persons or property
in the vicinity. Among the circumstances which may be considered in
determining whether such alarm is warranted is the fact that the person
takes flight upon appearance of a law enforcement or peace officer,
refuses to identify himself or manifestly endeavors to conceal himself
or any object. Unless flight by the person or other circumstances
make it impracticable, a law enforcement or peace officer shall, prior
to any arrest for an offense under this section, afford the person
an opportunity to dispel any alarm which would otherwise be warranted
by requesting him to identify himself and explain his presence and
conduct. No person shall be convicted of an offense under this section
if the law enforcement or peace officer did not comply with the preceding
sentence or if it appears at trial that the explanation given by the
person was true and, if believed by the law enforcement or peace officer
at the time, would have dispelled the alarm.
B.
Obstruction of highway by loitering. No person shall obstruct any
street, bridge, sidewalk or crossing by lounging or loitering in or
upon the same after being requested to move on by any law enforcement
officer.
C.
Obstruction of traffic by loitering. No person shall loaf or loiter
in groups or crowds upon the public streets, alleys, sidewalks, street
crossings or bridges or in any other public place within the Town
in such manner as to prevent, interfere with or obstruct the ordinary
free use of such public streets, sidewalks, streets, street crossings
and bridges or other public places by persons passing along and over
the same.
D.
Loitering after being requested to move. No person shall loaf or
loiter in groups or crowds upon the public streets, sidewalks or adjacent
doorways or entrances, street crossings or bridges or in any other
public place or on any private premises without invitation from the
owner or occupant, after being requested to move by any law enforcement
officer or by any person in authority at such places.
E.
Loitering in public places. No person shall loiter, lounge or loaf
in or about any depot, theater, dance hall, restaurant, store, public
sidewalk, public parking lot, or other place of assembly or public
use after being requested to move by any law enforcement officer,
proprietor of the place of business, or by any person in authority
at such place. Upon being requested to move, a person must immediately
comply with such request by leaving the premises or area thereof at
the time of the request.
No person shall use any indecent, vile, profane or obscene language
or conduct himself in any indecent, lewd, lascivious or obscene manner
within the Town.[1]
No person shall throw any glass, refuse or waste, filth or other
litter upon the streets, alleys, highways, public parks or other property
of the Town or upon any private property or upon the surface of any
body of water within the Town.
A.
Permitted storage. No person shall store or allow to remain in the
open upon any public or private property within the Town any disassembled
or wrecked motor vehicles, or parts thereof, unless it is in connection
with the operation of an authorized junkyard. The storage of any wrecked
or damaged motor vehicle upon premises operated as an automobile sales
or repair business enterprise located in a properly zoned area shall
be permitted for a period not to exceed 30 days.
B.
Nuisance prohibited. No person shall allow to accumulate or store
or permit the accumulation or storage of any junk or trash to a point
where said accumulation or storage shall become a nuisance upon any
property in the Town unless it is in connection with the operation
of an authorized junkyard.
C.
JUNK
TRASH
Definitions. Whenever the following terms are used in this section,
they shall be construed as follows:
Old iron, chain, brass, copper, tin, lead, other base metals,
trailers, farm machinery, and equipment or any parts thereof to be
junked or demolished, taken apart or destroyed for salvage materials,
paper waste, used lumber or building material, paper clippings, rags,
rubber, glass or bottles, and all articles and things discarded as
manufactured articles composed of or consisting of any one or more
of the articles mentioned, including industrial metal or scrap or
other material commonly included within the term "junk."
Any rubbish, ashes, paper, dirt, stones, bricks, tin cans,
boxes, barrels or other substances whatsoever, oil, kerosene, benzine
or other similar oil or oily substance or liquid, wood, brush and
any form of discarded vegetation, foundry sand and industrial waste
of any kind or description, and sewage material removed from septic
tanks and dry wells used in connection with sewage disposal systems.
D.
Junk vehicles on private or public property.
(1)
No disassembled, dismantled, junked, wrecked or inoperable and/or
unlicensed motor vehicle shall be stored or allowed to remain in the
open upon public or private property within the Town for more than
three days unless it is in connection with an automotive sales and
repair business enterprise located in a properly zoned area.
(2)
Whenever the Waukesha County Sheriff's Department shall find any
such vehicle placed or stored in the open upon public property within
the Town, the Sheriff's Department shall cause such vehicle to be
removed or stored in a junk or salvage yard or other suitable place
for a period of 30 days. The Sheriff's Department shall notify the
owner thereof of its actions, if the name and whereabouts of the owner
of the vehicle can be readily ascertained. At the end of such time
such vehicle shall be disposed of unless previously claimed by the
owner. If such vehicle is claimed by the owner, all reasonable charges
for handling and storage shall be paid by the owner.[1]
(3)
Whenever the Sheriff's Department shall find any such vehicle placed
or stored in the open upon private property within the Town, it shall
notify the owner of the property upon which said vehicle is placed
or stored of the intention of said Town to remove such vehicle. If
any such vehicle is not removed within 10 days after such notice,
the Sheriff's Department shall cause such vehicle to be removed, the
cost of such removal to be charged to the owner of the property from
which it is removed, and the charges shall be entered as a special
charge on the tax roll. Upon removal, the vehicle shall be stored
in a junk or salvage yard or other suitable place for 30 days, and
the owner thereof shall be notified of its whereabouts, if the name
and whereabouts of the owner of the automobile can be readily ascertained.
At the end of such time, such vehicle shall be disposed of unless
previously claimed by the owner. If such vehicle is claimed by the
owner, all reasonable charges for handling and storage shall be paid
by the owner.[2]
No person having in his possession or under his control any
animal or fowl shall allow the same to run at large within the Town.
No person shall have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fastened in such manner as to prevent injury to any person,
and any cover shall be of a design, size and weight that the same
cannot be removed by small children.
No person shall leave or permit to remain outside of any dwelling,
building or other structure, or within any unoccupied or abandoned
building, dwelling or other structure under his control in a place
accessible to children, any abandoned, unattended or discarded icebox,
refrigerator or other container which has an airtight door or lid,
snap lock, or other locking device which may not be released from
the inside without first removing such door or lid, snap lock or other
locking device from such icebox, refrigerator or container unless
such container is displayed for sale on the premises of the owner
or his agent and is securely locked or fastened.
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Town. 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 definition of § 435-12:
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.
Privy vaults and garbage cans. Privy vaults and garbage cans which
are not flytight.
F.
Noxious weeds. All noxious weeds and other rank growth of vegetation.
All weeds and grass shall be kept cut to a height of not to exceed
one foot.
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 Town 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 Town.
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 Town.
J.
Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash, industrial dust or other atmospheric pollutants
within the Town 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 Town.
K.
Surface waters prohibited in the sewage disposal system. The discharge
of any stormwater, surface water, groundwater, roof runoff, subsurface
drainage which is not contaminated, unpolluted cooling water or unpolluted
industrial process waters into the sewage disposal system.
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 § 435-12:
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 Town relating
to materials and manner of construction of buildings and structures
within the Town.
C.
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. Any person who causes damage to,
removes, vandalizes, or affects in any manner an authorized traffic
sign in the Town of Genesee to such an extent that said sign no longer
effectively describes its import shall be guilty of a violation of
this section.
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, street or other public place.
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 Town.
H.
Wires and cables over streets. All wires and cables over streets,
alleys or public grounds which are strung less than 15 feet above
the surface thereof.
I.
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 Town.
J.
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 Town 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.
K.
Open excavations (see also Subsection J above). All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
L.
Unlawful assemblies. 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.
[Amended 9-12-1994 by Ord. No. 94-6[1]]
In addition to the penalties provided herein, the Town of Genesee,
the Waukesha County Sheriff's Department, Fire Department, Building
Inspector, Town Engineer or any other public officer shall have the
right to maintain an action to abate any nuisance as described in
this chapter.
A.
Summary abatement. If the inspecting officer shall determine that
a public nuisance exists within the Town and that there is great and
immediate danger to the public health, safety, peace, morals or decency,
the Chairman may direct the proper officer to cause the same to be
abated and charge the cost thereof to the owner, occupant or person
causing, permitting or maintaining the nuisance, as the case may be.
B.
Abatement after notice. 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, he shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisance to be removed as provided in Subsection A above.
C.
Cost of abatement procedure. 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 Town 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.
