[HISTORY: Adopted by the Common Council of the City of Port Washington as §§ 12.01 to 12.05 and 12.07 of the 1984 Code. Amendments noted where applicable.]
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 coming within the definition of § 291-2:
A. 
All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
B. 
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. 
Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material whatsoever in which files, mosquitoes, disease-carrying insects, rats or other vermin may breed.
D. 
All stagnant water in which mosquitoes, flies or other insects can multiply.
E. 
Privy vaults and garbage cans which are not flytight.
F. 
All noxious weeds and other rank growth of vegetation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G. 
All animals running at large.
H. 
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. 
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. 
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 § 291-2 of this chapter:
A. 
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. 
All gambling devices and slot machines.
C. 
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. 
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. 
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 provisions of § 291-2 of this chapter:
A. 
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. 
All buildings erected, repaired or altered within the City 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
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. 
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. 
All limbs of trees which project over and less than eight feet above the surface of a public sidewalk or less than 12 feet above the surface of a public street or other public place.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the City.
G. 
All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
H. 
All wires over streets, alleys, or public grounds which are strung less than 18 feet above the surface thereof.
I. 
All loud, discordant and unnecessary noises or vibrations of any kind.
J. 
All obstructions of streets, alleys, sidewalks or crosswalks 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.
K. 
All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
L. 
All abandoned refrigerators, iceboxes or other containers which have airtight doors from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside.
M. 
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 and sidewalks.
N. 
Repeated or continuous violations of the ordinances of the City or laws of the State of Wisconsin relating to the storage of flammable liquids.
A. 
Definitions. The following definitions cover the intended use of these words in this section:
CHART
The Ringelmann Chart with instructions for use as published by the U.S. Bureau of Mines.
DUST
Gas-borne or other particles larger than one micron in mean diameter.
FUMES
Gases or vapors that are of such character as to create an unclean, destructive, offensive or unhealthy condition.
OPEN FIRE
Any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney.
PERSON
Any individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency, or any other entity recognized by law as the subject of rights and duties.
SMOKE
Small gas-borne particles consisting essentially of carbonaceous material in sufficient number to be observable.
SOOT
Agglomerated particles consisting essentially of carbonaceous material.
STACK or CHIMNEY
Flue, conduit, or opening arranged for emitting gases into the open air.
B. 
Emission of smoke and fumes. No person shall cause, permit or allow the escape from any smokestack, chimney, building or open fire, locomotive, steamship or tug within the corporate limits of the City, or within one mile therefrom, into the open air of such quantities of smoke, ash, dust, soot, cinders, acid, or other fumes, dirt or other material or noxious gases in such place or manner as to cause injury, detriment or nuisance to any person or to the public, or to endanger the health or safety of any person or the public, or in such manner as to cause injury or damage to business or property, and such is hereby declared to be a public nuisance. The emission of smoke of 40% or greater density, as determined by the Ringelmann Chart (40% density corresponding to Number 2 on said chart), shall be considered prima facie evidence of such a nuisance, except for a period not exceeding six minutes in any one hour during which time the fire box is cleaned out or a new fire box is being built therein.
C. 
Emission of other noxious materials. No person shall cause, suffer, or allow to be produced or emitted into the open air, from any premises within the City, dust, fly ash, soot, cinders, sawdust, or waste particles from any manufacturing process, such as mineral wool, lint, sawdust, coal dust, grease or paint.
D. 
Fire Chief to enforce. The Fire Chief shall enforce the provisions of Subsections A through C.
E. 
Steam boilers and furnaces.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
Construction and alteration. No person shall construct, alter or repair any steam stationary plant, boiler or furnace within the City without obtaining from the Building Inspector a permit for that purpose. He shall furnish to the Building Inspector a written statement giving the style and dimensions of such steam plant, boiler or furnace, together with the height and size of any stack or chimney and the method or device to be used for the prevention of the emission of dense smoke therefrom, and if the matter mentioned in said application and statement is approved by the Building Inspector he shall issue a permit for the construction of such steam plant, boiler, or furnace upon payment of the following fees:
(a) 
For permits for the erection, repair or alteration of, or addition to, any furnace or other fuel-burning equipment, the furnace volume of which does not exceed 100 cubic feet or equivalent, or any refuse burning device, for each unit: an amount established or revised from time to time by resolution of the Common Council.
(b) 
For permits for the erection, installation, reconstruction, repair or alteration of, or addition to, any furnace or other fuel-burning equipment, the furnace volume of which is greater than 100 cubic feet, for each unit: an amount established or revised from time to time by resolution of the Common Council.
(2) 
Report of accidents required. All accidents to stationary steam boilers, furnaces and smoke-preventing devices shall be reported to the Building Inspector in writing, giving the nature of the accident and the time required to repair the same.
A. 
Enforcement. It shall be the duty of the Chief of Police, Fire Chief, Building Inspector and Health Officer to 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 have satisfied himself that a nuisance does in fact exist.
B. 
Summary abatement.
(1) 
Notice to owner. 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 Chief of Police to serve notice on the person causing, permitting or maintaining such nuisance or upon the owner or occupant of the premises where such nuisance is caused, permitted or maintained and to post a copy of said notice on the premises. Such notice shall direct the person causing, permitting or maintaining such nuisance or the owner or occupant of the premises to abate or remove such nuisance within 24 hours and shall state that unless such nuisance is so abated, the City will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.
(2) 
Abatement by City. 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.
C. 
Abatement by court action. 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 file a written report of his findings with the Mayor who, upon direction of the Common Council, shall cause an action to abate such nuisance to be commenced in the name of the City in the Circuit Court in accordance with the provisions of Ch. 823, Wis. Stats.
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.