[Amended 3-3-2014 by Ord. No. 242-2014]
(1) No person
shall erect, contrive, cause, continue, maintain or permit to exist
any public nuisance within the Village.
(2) Public
nuisances, especially repeated incidences of public nuisances on the
same parcels or properties or structures, negatively impact the community,
the citizens and taxpayers of the Village of Dresser. Such nuisances
use a disproportionate share of law enforcement, operational and administrative
resources of the Village, adversely impact the health and safety of
the residents in the neighborhood and community where they occur,
damage the fabric of the neighborhood and have the potential to diminish
property values in the vicinity where they exist.
[Amended 3-3-2014 by Ord. No. 242-2014]
(1) A public nuisance is a thing, act, occupation, condition or use of
property which shall continue for such length of time or occur with
such frequency 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) 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 definitions of sec. 10.02 of this chapter:
(1) Adulterated food. All decayed, adulterated or unwholesome food or
drink sold or offered for sale to the public.
(2) Unburied carcasses. Carcasses of animals, birds or fowl not intended
for human consumption, or foods which are not buried or otherwise
disposed of in a sanitary manner within 24 hours after death.
(3) 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.
(4) Stagnant water. All stagnant water in which mosquitoes, flies or
other insects can multiply.
(5) Privy vaults and garbage cans. Privy vaults and garbage cans which
are not flytight.
(6) 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.
(7) Noxious weeds. All noxious weeds, as defined in § 66.0407(1),
Wis. Stats. In addition, other rank growth of vegetation, and all
weeds, grasses and plants over 12 inches in height, excluding trees
and shrubs, which:
(a) Detract from the surrounding area and properties.
(b) Become a possible fire hazard, as determined by the Fire Chief.
(c) Become a health hazard due to their pollen or a potential cover for
disease-carrying rodents and other small animals.
(d) Are of infectious or poisonous nature in or adjacent to a populated
area, regardless of height.
(e) Become a potential hazard to vehicular traffic in vision clearance
triangles.
(8) 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.
(9) Noxious odors, etc. 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 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.
(10) 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.
(11) Pesticide application. The application, or causing of the application,
of any pesticide, as defined in § 946.67(25), Wis. Stats.,
in such a manner as to endanger the health of persons within the Village.
[Amended 3-3-2014 by Ord. No. 242-2014]
The following acts, omissions, behaviors, conduct, places, conditions
and things occurring upon premises located within the corporate limits
of the Village of Dresser 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 from coming within the definition of sec. 10.02
of this chapter.
(1) 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.
(2) Gambling devices. All gambling devices and slot machines.
(3) 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 by this Code.
(4) Continuous violations and repeated violations of Village ordinances. Any place or premises within the Village where Village ordinances or state laws relating to public health, safety, peace and good order, morals or welfare, and this Ch.
10 are openly, continuously or and repeatedly violated.
(a) A "continuous violation" is defined as a public nuisance that continues
unabated for a period of time in excess of the time allotted a property
owner to abate or remove it under sec. 10.07(2). Each day or part
of a day that a continuous violation exists shall constitute a separate
violation and shall be subject to a separate forfeiture as a second
or subsequent offense.
(b) A "repeated violation" is defined as any public nuisance that occurs, regardless of any prior abatement, removal or compliance; regardless of whether it arises by violation of this ch.
10, or state statute; and regardless of whether it is informally enforced and resolved by the local official designated under sec. 10.07, by the Village Attorney in municipal court, or by the District Attorney in circuit court, three times within any running ninety-day period.
(5) Illegal drinking. Any place or premises resorted to for the purpose
of drinking intoxicating liquor or fermented malt beverages in violation
of State laws or this Code.
(6) An act of harassment as defined in Wis. Stats. § 947.013.
(7) Disorderly conduct as defined in Wis. Stats. § 947.01.
(8) Battery, substantial battery, or aggravated battery as defined in
Wis. Stats. § 940.19.
(9) Lewd and lascivious behavior as defined in Wis. Stats. § 944.20.
(10) Prostitution as defined in Wis. Stats. § 944.30.
(11) Theft as defined in Wis. Stats. § 943.20.
(12) Receiving stolen property as defined in Wis. Stats. § 943.34.
(13) Arson as defined in Wis. Stats. § 943.02.
(14) Possession, manufacture, or delivery of a controlled substance or
related offenses as defined in Wis. Stats. Ch. 961.
(15) Gambling as defined in Wis. Stats. § 945.02.
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 sec.
10.02 of this chapter:
(1) 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.
(2) Illegal buildings. All buildings erected, repaired or altered in
violation of the provisions of this Code relating to materials and
manner of construction of buildings and structures within the Village.
(3) Unauthorized traffic signs. All unauthorized signs, signals, markers
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 device, sign or signal.
(4) 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.
(5) Tree limbs. All limbs of trees which project over and less than 10
feet above any public sidewalk or less than 15 feet above a street
or other public place.
(6) Dangerous trees. All trees which are injurious to public health or
safety because of a diseased or damaged condition, and the storage
of cut elm wood, unless such wood is debarked or sprayed with an effective
elm bark beetle destroying insecticide.
(7) Fireworks. All use, possession or display of fireworks except as provided by the laws of the State and ch.
9 of this Code.
(8) 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.
(9) 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.
(10) 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.
(11) Obstructions of streets; excavations. All obstructions of streets,
alleys, sidewalks or crosswalks and all excavations in or under the
same, except as permitted by this Code or which, although made in
accordance with this Code, are kept or maintained for an unreasonable
or illegal length of time after the purpose thereof has been accomplished,
or do not conform to the permit.
(12) Snow, ice and debris removal. All debris not removed, and all snow and ice not removed or sprinkled with salt, ashes, sawdust or sand, as provided in ch.
8 of this Code.
(13) 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.
(14) Open pits, basements, etc. All open and unguarded pits, wells, excavations
and basements.
(15) Flammable liquids violations. Repeated or continuous violations of
this Code or the laws of the State relating to the storage of flammable
liquids.
[Amended 3-3-2014 by Ord. No. 242-2014]
Any person who shall be adjudicated to have violated any of
the provisions of this chapter shall be subject to forfeiture as follows:
(1) For a first offense: not less than $250 and not more than $500, plus
all usual surcharges, assessments and court costs as provided by law.
(2) For a second and all subsequent offenses: not less than $1,000 and
not more than $2,000, plus all usual surcharges, assessments and court
costs as provided by law.
(3) For all continuing offenses and repeated offenses, each day or part
of a day that a continuous violation or a repeated violation exists
shall constitute a separate violation and shall be subject to a separate
forfeiture as a second or subsequent offense.
(4) For all continuing offenses and repeated offenses, the person or
persons adjudicated to have violated any of the provisions of this
section shall be further subject to and liable to reimburse to the
Village all of the Village's administrative, operational, engineering,
consulting, legal and law enforcement time, fees, and expenses incurred
in the pursuit of the abatement of the public nuisance as provided
for in sec. 10.07(5).