[HISTORY: Adopted by the Village Board of the Village of
East Troy 4-3-2000 by Ord. No. 2000-2 as Title 11, Ch. 6, of the 2000
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 189.
Hazardous materials and pollution — See Ch. 285.
Health and sanitation — See Ch. 289.
Peace and good order — See Ch. 366.
Property maintenance — See Ch. 375.
Trees and shrubs — See Ch. 443.
Junked and abandoned vehicles — See Ch. 461.
Waste management — See Ch. 470.
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village of East Troy.
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 § 354-2:
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 Village, 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 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.
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 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]
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 § 354-2:
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 violations 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 § 354-2:
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 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 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.
Obstruction 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.
P.
Defective
coach lamps. Any coach lamp that is defective, unpowered, or not automatically
operating between sunset and sunrise shall constitute a public nuisance.
For purposes of this subsection, "coach lamp" shall mean an electric
light located on a post and installed on private property near to
the public right-of-way, which the property owner is required by the
property's deed restrictions and/or restrictive covenants to maintain
in operating condition.
[Added 2-1-2021 by Ord. No. 2021-04]
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 nor 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
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
Walworth County Circuit Court, in accordance with the provisions of
Ch. 823, Wis. Stats.[1]
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 Village or
its officials in accordance with the laws of the State of Wisconsin.
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 as a debt from the owner, occupant or person causing,
permitting or maintaining the nuisance; such costs shall be assessed
against the real estate as a special charge.
A.
Enforcement. The Chief of Police, Fire Inspector, Director of Public Works and Building Inspector 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 § 354-6 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.
