[HISTORY: Adopted by the Common Council of the City of Muskego 12-23-1964 by Ord. No.
1 as Ch. 10 of the 1964 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch. 124.
Alcohol beverages — See Ch. 132.
Animals — See Ch. 140.
Construction standards — See Ch. 164.
Housing standards — See Ch. 205.
Junk dealers — See Ch. 219.
Peace and good order — See Ch. 263.
Property maintenance — See Ch. 274.
Waste management — See Ch. 350.
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City.
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.
[Added 10-7-2010 by Ord. No. 1331]
The statutory provisions describing and defining regulations with respect to indoor smoking contained in § 101.123, Wis. Stats., known as the "Clean Indoor Air Act," exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of such statutes, are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by § 101.123, Wis. Stats., and incorporated herein by reference is required or prohibited by this section. Penalties for violation of this section shall be as provided in § 1-4 of this Code.
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 § 248-2:
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.
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.
G.
Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash, industrial dust or other atmospheric pollutants
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 in the City.
H.
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.
I.
Noxious odors, etc. Any use of property, substances or things within
the City 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 City.
J.
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.
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 § 248-2:
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 unless said device is authorized by state law.
[Amended 3-9-1989 by Ord. No. 633]
B.
Gambling devices. All gambling devices and slot machines unless specifically
authorized by state law.
[Amended 3-9-1989 by Ord. No. 633]
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 by 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.
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 § 248-2:
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.
[Amended 12-3-2009 by Ord. No. 1306[1]]
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
its color, location, brilliance or manner of operation interferes
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 and less than 14
feet above any public street and over and less than 10 feet above
a sidewalk or recreation trail surface.
[Amended 6-21-2001 by Ord. No. 1070]
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.
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 City.
K.
Obstructions of streets and excavations.
[Amended 12-28-1995 by Ord. No. 880]
(1)
All obstructions of streets, alleys, sidewalks or crosswalks or bike
paths, 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 do not conform to the permit.
(2)
No person shall undertake any activity resulting in the placement
of mud, dirt, clay, sediment or other similar substance upon any street,
gutter, alley, sidewalk, or bike path within the City which creates
a condition hazardous to others using the street, gutter, alley, sidewalk,
or bike path.
L.
Unlawful assembly. Any unauthorized or unlawful use of property abutting
on a public street, alley or sidewalk which causes large crowds of
people to gather, obstructing traffic and free use of the streets
or sidewalks.
M.
Flammable liquids. Repeated or continuous violations of the ordinances
of the City or laws of the State of Wisconsin relating to the storage
of flammable liquids.
N.
Snowplowing.
[Added 1-11-1983 by Ord. No. 452]
(1)
No person shall plow snow on his driveway or sidewalk or road in
such a way as to interfere with his neighbor's customary use
and enjoyment of his property.
(2)
No person shall put snow by any means onto any public street, roadway
or thoroughfare. This subsection shall not apply to municipal snowplows.
O.
Storage of junk. No person shall store junked or discarded property,
including automobile parts, refrigerators, furnaces, washing machines,
stoves, machinery or machinery parts, wood, bricks, cement blocks,
or other unsightly debris which substantially depreciates property
values in the neighborhood, except in an enclosure which houses such
property from public view, or upon permit issued by the Common Council.
[Added 4-10-1984 by Ord. No. 489]
P.
Storage of motor vehicles.
[Added 4-10-1984 by Ord. No. 489; amended 10-22-2009 by Ord. No.
1305]
(1)
Except as provided in § 219-6A, no person shall store, park or leave unattended any disassembled, inoperable, unlicensed, junked, wrecked or abandoned motor vehicle, except in an enclosure which houses such property from public view. For purposes of this subsection, a vehicle shall be considered operable if that vehicle:
(3)
This subsection does not apply to motor vehicles stored in connection
with an automobile sales or repair business located in a properly
zoned area.
A.
Enforcement. The Chief of Police, the Chief of the Fire Department,
the Building Inspector and 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 this section to abate a public nuisance unless the officer
shall have inspected or caused to be inspected the premises where
the nuisance is alleged to exist and has satisfied himself that a
nuisance does in fact exist.
B.
Summary abatement. If the inspecting officer shall determine that
a public nuisance exists within the City and that there is great and
immediate danger to the public health, safety, peace, morals or decency,
the Mayor 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.
C.
Abatement after notice.
[Amended 12-28-1995 by Ord. No. 880]
(1)
If the inspecting officer determines that a public nuisance exists
on public or 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 may serve notice on the
person causing or maintaining the nuisance to remove the same within
10 days. If such nuisance is not removed within said 10 days, the
proper officer shall issue a citation to the person causing, permitting
or maintaining the nuisance. If the person causing, permitting, or
maintaining the nuisance is found guilty on the citation, the court
shall order the City to abate the nuisance, and the City shall charge
the cost thereof to the owner, occupant or person causing, permitting
or maintaining the nuisance, as the case may be. If a person has previously
received a notice to abate a nuisance within the immediately preceding
twelve-month period and a subsequent inspection indicates the presence
of an identical or similar nuisance, the proper officer may issue
a citation for a violation of this chapter without 10 days' notice
to the person causing, permitting, or maintaining the nuisance.
(2)
Exception. Mud, dirt, clay, sediment or other similar substance placed
upon any street, gutter, alley, sidewalk, or bike path within the
City may result in the immediate issuance of a citation to the person
responsible for the placement of said materials. In the event the
person who placed the materials cannot be determined and it is possible
to trace the materials back to a particular job site, the general
contractor and/or property owner may be cited for the violation and
held responsible for the required cleanup.
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.
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.
Any person who shall violate any provision of this chapter or permit or cause a public nuisance shall be subject to a penalty as provided in § 1-4 of this Code.
