[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
No person shall cause, continue, maintain or permit any public nuisance within the Village.
[HISTORY: Adopted by the Village Board of the Village of Mount Horeb. Amendments noted where applicable.]
A public nuisance is a thing, act, occupation, condition or use of property which continues for such length of time as to:
(1)
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
(2)
In any way render the public insecure in life or in the use of property.
(3)
Greatly offend the public morals or decency.
(4)
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.
(5)
Be harmful to the general aesthetics and property values of persons residing in the vicinity of such property.
[Amended 6-2-1999 by Ord. No. 99-3]
[Amended 6-2-1999 by Ord. No. 99-3; 7-8-2009 by Ord. No. 2009-31; 8-4-2010 by Ord. No. 2010-12; 2-2-2022 by Ord. No. 2021-10; 9-6-2023 by Ord. No. 2023-06]
The following, as defined, are specifically declared to be public nuisances, but such enumeration shall not be construed to exclude other nuisances coming the definition of § 10.02:
All decayed or spoiled food or drink sold or offered for sale to the public.
The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the Village in such quantities as to endanger the health of persons or threaten or cause substantial damage to property in the Village.
The keeping of any species of bee/wasp hives or apiaries within Village limits.
Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, open garbage cans, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin can breed.
Any use of property, substances or things within the Village emitting or causing any foul, offensive, noxious or disagreeable odors, gases or stenches extremely repulsive to the physical senses which annoy, discomfort, injure or inconvenience the health of persons within the Village.
All stagnant water in which mosquitoes, flies or other insects can multiply.
Any use of property which causes any noxious or objectionable liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the Village.
The pollution of any public well or cistern, stream, lake, canal or other body of water by sewage or industrial wastes or other substances.
Subject to Subsection (3) below:
Weeds and grass on unimproved lands shall be kept cut to a height not to exceed 18 inches and six inches on areas within 20 feet of the street curb and within 10 feet of undeveloped lots immediately adjacent to developed lots.
Lawns on improved lots shall be maintained to a height not to exceed six inches. Weeds and grasses allowed to grow in excess of the height limitations shall be deemed "noxious weeds" under § 66.0407, Wis. Stats., and the Village may cause all such weeds to be cut and removed and the cost charged to the property owner. A property owner shall have five days from the date of notice or postmark to comply with the regulations on weeds and grasses.
Lands located in the A-1 Agricultural District or CO-1 Conservancy District, woods, and lawns with special areas identified as "prairie grasses" are exempt from these provisions. Berms installed for the purpose of erosion control, as shown on an approved stormwater management plan, shall be exempt from this requirement, as well as berms adjacent to undeveloped lots.
Berms installed for the purpose of erosion control, as shown on an approved stormwater management plan, shall be exempt from this requirement, as well as berms adjacent to undeveloped lots.
Gardens identified as natural landscaping native plant pollinator areas pursuant to the terms of this Subsection (3) shall be exempt from Subsection (2).
Definitions.
"Planned natural landscaping" means a planned, intentional, and maintained planting area which may include, without limitation, trees, shrubs, and native plants, or vegetation associated with a rain garden.
"Native plants" include grasses (including prairie grasses), sedges (solid, triangular-stemmed plants resembling grasses), forbs (flowering broadleaf plants), groundcovers, vines, shrubs, and trees that are native to or naturalized to the State of Wisconsin. Refer to the Wisconsin Department of Natural Resources information for native plant specifics: https://dnr.wisconsin.gov/topic/endangeredresources/nativeplants.html. Native plants shall not include noxious weeds or noxious grasses as defined by the State of Wisconsin statutes (§ 66.0407 or § 23.235, Wis. Stats.).
Types of plantings:
Plantings may include forbs, grasses, edible plants, shrubs, or trees.
Plantings may be designed as rain gardens with plantings and grading specifically designed to receive and infiltrate rainwater or clear water flows.
Plantings shall be deliberately selected and arranged as part of a coherent overall plan. Overgrowth of conventional turf grasses or weeds, or any other unmanaged vegetation growth, shall not constitute a planned natural landscaping area.
No species identified on the Wisconsin Department of Natural Resources Regulated Invasive Plants List, Chapter NR 40, whether designated as prohibited or restricted, shall be permitted. https://dnr.wisconsin.gov/topic/Invasives/RegulatedSpecies.
Registration of natural landscaping native plant pollinator habitat areas with the Village of Mount Horeb is required. Registration and a garden plan are to be submitted to the Public Services Director. A sign designating the area as a planned natural landscaping native plant pollinator area is encouraged.
[Amended 3-3-1997 by Ord. No. 97-5; 1-8-2003 by Ord. No. 2003-02; 1-5-2011 by Ord. No. 2011-01; at time of adoption of Code (see Ch. 1, General Government, Art. V)]
Public nuisances affecting peace and safety include the following:
(1)
Dangerous billboards, trees, etc. All trees, hedges, billboards or other obstructions which prevent a clear view of traffic approaching an intersection from cross streets.
(2)
Loud and unnecessary noises.
(a)
All loud and discordant or unnecessary noises or annoying vibrations.
(b)
Motor vehicle noise levels. No person shall operate a motor vehicle which causes unreasonable and excessive noise levels, whether by excessive acceleration or braking causing the tires to squeal, by excessive horn blowing, by excessive racing of the motor, by having a modified or inadequately maintained exhaust or braking system, or by any other means. Excessive noise caused by emergency situation maneuvers will not be ticketed when the operator is attempting to avoid a collision with a pedestrian, animal, fixed object, or other motor vehicle. Emergency situations are defined as circumstances which could not reasonably be foreseen by an alert motor vehicle operator.
(3)
Barbed wire. All fences constructed, wholly or in part, of barbed wire which are located within three feet of any public street, alley or sidewalk.
(4)
Dangerous excavations. All open or unguarded wells, cisterns, pools or excavations so located as to endanger public safety.
(5)
Damaged buildings. All buildings, walls and other structures which have been damaged by any means to an extent exceeding 50% their original value and endanger the safety of the public.
(6)
Dilapidated buildings. All buildings or structures dilapidated, decayed or in need of repair which are dangerous, unsafe, unsanitary or otherwise unfit for human use.
(7)
Unauthorized traffic signs. All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as an official traffic control device placed or maintained on or in view of any public highway, street, alley or railway crossing.
(8)
Low-hanging signs. All hanging signs, awnings and other similar structures over the streets, alleys or public ways of the Village so situated or constructed as to endanger the public safety.
(9)
(Reserved)
(10)
Machinery. All dangerous, unguarded machinery in any public place or so situated or operated on private property.
(11)
Rainwater; ice; snow. Allowing rainwater, ice or snow to fall from any building or structure on any street or sidewalk or flow across any sidewalk.
(12)
Horses. All horses on any public sidewalk.
(13)
Dangerous animals. Owning, keeping or harboring of any dangerous animals is a public nuisance. Any animal deemed dangerous and not properly restricted shall be considered a public nuisance and a matter of public interest pertaining to health, safety, and welfare.
(1) BLIGHTING INFLUENCE DEBRIS JUNK VEHICLE
Definitions. Words and phrases, relating to public nuisances affecting property values, not herein otherwise defined shall have the meanings accepted by common use.
[Amended 8-4-1999 by Ord. No. 99-8; 1-4-2006 by Ord. No. 2006-22; at time of adoption of Code (see Ch. 1, General Government, Art. V)]
A condition having an adverse effect on surrounding properties.
Broken concrete, bricks, blocks, or other mineral matter, bottles, porcelain and other glass or crockery, boxes, lumber, posts, sticks, or other wood, paper, rags, cardboard, rubber, plastic, wire, tin and metal items, discarded household goods or appliances, tar paper, residues from burning or any similar materials which constitute health, fire or safety hazards or a serious blighting influence upon a neighborhood or the Village in general.
Any old or scrap metal, metal alloy, synthetic or organic material or waste, or any junked, ruined, dismantled or wrecked motor vehicle, garden tractor, lawn mower or snow blower, or other machinery of any kind, or any part thereof, whether salvageable or not. An unlicensed motor vehicle shall be construed to be a junked motor vehicle.
Any automobile, truck, van, recreational vehicle, bus, race car, motorcycle, snowmobile, tractor, boat, or trailer. All-terrain vehicles, riding lawn mowers, and lawn tractors are considered vehicles and limited as described in Subsection (2)(f).
(2)
Declaration of public nuisances. The following acts, omissions, places, conditions and things are specifically declared to be public nuisances affecting property values; but such enumeration shall not be construed to exclude other nuisances affecting property values coming within the definition of § 10.02:
(a)
Accumulation of debris, junk or other material which has a blighting influence upon surrounding properties.
(b)
Storing personal property, which is not debris or junk, outside the home, garage or other permanent building in any residential district, unless concealed from public view by a suitable enclosure so as to not have a blighting influence upon surrounding properties. Such enclosure shall be neat, attractive and in keeping with the surrounding properties. Stacked firewood is exempt from the enclosure requirements of this subsection.
(c)
Storing personal property, which is not debris or junk, necessary for operating a commercial or industrial business in areas zoned for the same, unless in an orderly manner so as to not have a blighting influence upon surrounding properties.
(d)
Deteriorating fences or paved areas.
(e)
Buildings or fences in need of paint or other preservative necessary for an attractive appearance.
(f)
Outside parking of vehicles in excess of the following:
[Amended 8-4-1999 by Ord. No. 99-8]
1.
Four vehicles per single-family residence.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
2.
Three vehicles per unit for two-family dwellings.
3.
Two vehicles per unit for multifamily dwellings.
Permitted vehicle parking in front or side yards shall be allowed only on a hard-surface or well-drained gravel driveway. Commercial and industrial properties shall be allowed to display products for sale directly related to their primary business. [Amended 8-6-2008 by Ord. No. 2008-11] |
(g)
Parking vehicles which exceed 30,000 pounds of gross weight, 30 feet in length or 11 feet in height on a public street in any residential district, unless loading or unloading goods or performing service at or in the adjacent residence.
[Amended 8-4-1999 by Ord. No. 99-8]
(h)
Parking or servicing vehicles, except those recreational vehicles commonly referred to as "motor homes" and fifth-wheel trailers, which exceed 30,000 pounds of gross weight, 30 feet in length or 11 feet in height on private property in any residential district.
[Amended 8-4-1999 by Ord. No. 99-8]
(i)
Using any vehicle for dwelling purposes.
[Amended 8-4-1999 by Ord. No. 99-8]
(j)
Parking construction equipment on any public street or on private property, unless such equipment is being used for an active construction project in the Village and is parked at the construction site.
[Amended 8-4-1999 by Ord. No. 99-8; at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(k)
Parking any trailer, including, but not limited to, boat, camper, or construction trailers, on a public street for more than 48 hours per week.
[Amended 8-4-1999 by Ord. No. 99-8]
[Added 3-7-2007 by Ord. No. 2007-02]
(1)
Purpose. The purpose of this section is to promote and enhance the health, comfort, aesthetics, prosperity, and overall positive quality growth of the Village by providing similar conveyances as substitutes for principal and accessory buildings. The purpose is not to ban trailers that are being used to transport snowmobiles, sporting equipment, race cars or other recreational vehicles.
(2)
No substitutes for principal building. It shall be unlawful to place, build or maintain within the Village any shipping container, wagon, motor vehicle, semitrailer, truck or similar conveyance as a substitute for a principal building, except as provided herein.
(3)
Lands zoned for residential use. No person, firm, or corporation shall place, build or maintain in the Village on any lands zoned residential any shipping container, wagon, motor vehicle, railroad car, trailer, semitrailer, truck or similar conveyance which has not been manufactured for use exclusively for mobile recreational purposes as a substitute for an accessory building except for mobile units that contain medical diagnostic equipment for medical facilities.
(4)
Construction sites. The provision of this subsection shall not prevent the use of shipping containers, trailers, or similar conveyances to be used temporarily as substitutes for buildings on construction sites during construction; provided, however, in no event shall temporary substitutes for buildings remain 30 days after cessation or completion of construction and shall be removed within 10 days after final completion.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(5)
Temporary storage. The use of a storage device is permitted for a period of not more than 20 days per dwelling unit for the purpose of moving.
(6)
Temporary retail sales. The provisions of this subsection shall not prevent the conducting of retail sales directly from semitrailers or trucks for a period not to exceed 72 consecutive hours per placement and no more than three such placements in aggregate per address, location, or parcel in any one calendar year.
(7)
Tents. Tents shall not be used as substitutes for principal buildings or as accessory buildings, except when erected in accordance with applicable state and local codes. A tent may be used for the conducting of retail sales for a period not to exceed 20 days in each calendar year.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(1)
Enforcement. The Police and Fire Chiefs, Building Inspector, Village Forester, and Director of Public Services shall enforce the provisions of this chapter that come within the jurisdiction of their department and make periodic inspections and inspections upon complaint to ensure that such provisions are not violated.
[Amended 3-3-1997 by Ord. No. 97-5; 4-6-2011 by Ord. No. 2011-02; at time of adoption of Code (see Ch. 1, General Government, Art. V)]
(2)
Summary abatement. If the inspecting officer determines 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 inspecting officer may cause the same to be abated and charge the cost to the owner, occupant or person causing, permitting or maintaining the nuisance.
(3)
Abatement after notice. If the inspecting officer determines a public nuisance exists on private premises but such nuisance does not 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 10 days, the proper official may cause the nuisance to be removed as provided in Subsection (2).
(4)
Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by Village officials in accordance with the laws of the state.
(5)
Court order. The Police and Fire Chiefs, Building Inspector, Village Forester, and Director of Public Services are authorized to inspect premises and/or property pursuant to this section. The Police and Fire Chiefs, Building Inspector, Village Forester, and Director of Public Services shall first request permission to enter the premises and/or property. If permission is denied or if the premises and/or property are vacant, the Police and Fire Chiefs, Building Inspector, Village Forester, and Director of Public Services shall obtain a special inspection warrant pursuant to § 66.0119, Wis. Stats., before inspecting the premises and/or property. Nothing in this section shall prevent a police officer, firefighter, or other public employee or official to enter premises and/or property in an emergency situation when authorized to do so by law.
[Amended at time of adoption of Code (see Ch. 1, General Government, Art. V)]
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 from the owner, occupant or person causing, permitting or maintaining the nuisance. If notice to abate the nuisance has been given to the owner, any costs shall be assessed against the real estate as a special charge if not paid by the required date.
[Amended 6-2-1999 by Ord. No. 99-3; at time of adoption of Code (see Ch. 1, General Government, Art. V)]
The penalty for violation of this chapter is provided in § 25.04 of this Municipal Code.