[HISTORY: Adopted by the Village Board of
the Village of Siren 1-8-1988 as Title 9, Ch. 7 and Sec. 6-1-4 of the 1988 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch. 185.
Animals — See Ch. 200.
Fires and fire prevention — See Ch. 294.
Hazardous materials — See Ch. 315.
Peace and good order — See Ch. 407.
Property maintenance — See Ch. 415.
Sewers — See Ch. 440.
Solid waste — See Ch. 456.
Trees and shrubs — See Ch. 488.
Abandoned vehicles — See Ch. 503.
No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the Village
of Siren.
A.
A public nuisance is a thing, act, occupation, condition
or use of property which shall continue for such length of time as
to:
(1)
Substantially
annoy, injure or endanger the comfort, health, repose or safety of
the public generally or such part of the public as necessarily comes
in contact with it in the exercise of a public or common right.
(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.
B.
Premises which are blighted due to the accumulation
of junk or other unsightly debris and other items which depreciate
property values and jeopardize or are detrimental to the health, safety,
morals or welfare of the people of the Village, or such part of the
public as necessarily comes in contact with it in the exercise of
a public or common right, shall constitute a public nuisance.
C.
No person
shall deposit or cause to be deposited in any public street or on
any public ground or on any private property not his own any refuse,
garbage, litter, waste material or liquid or any other objectionable
material or liquid. When any such material is placed on the person's
own private property, it shall be properly enclosed and covered so
as to prevent the same from becoming a public nuisance.
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 § 387-2:
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. 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. 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
limits or within one mile thereof in such quantities as to endanger
the health of persons of ordinary sensibilities or to threaten or
cause substantial injury to property.
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 § 387-2:
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.
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
violation 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.
F.
Public indecency.[1]
(1)
Any
person who, within the Village of Siren municipal limits, knowingly
or intentionally, in a public place:
(2)
In addition to any other actions allowed by law or taken by the Village Board, including the action of applicable license revocation or nonrenewal, anyone who violates any of the provisions of Subsection F(1) shall forfeit not less than $250 and not more than $2,000 for each offense, together with costs, and if such forfeiture and costs are not paid, such person so convicted shall be subject to such other penalties available by law.
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 § 387-2:
A.
Signs, billboards and awnings. 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 official traffic control devices, railroad signs or
signals 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.
A.
Enforcement. The Chief of Police, the Chief of the
Fire Department, the Director of Public Works and the 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 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 Village and that
there is great and immediate danger to the public health, safety,
peace, morals or decency, the Village President, upon the recommendation
of the appropriate department head, 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. 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 serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisance to be removed as provided in Subsection B.
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 cost shall be assessed against the real estate as a special charge.
[Added 6-7-2007 (Sec. 6-1-9 of the 1988 Code)]
A.
Operation of solid fuel heaters.
[Amended 11-5-2015 by Ord. No. 2015-03]
(2)
The following materials shall not be burned in any solid-fuel-burning
device, other than paper to start the fire, properly seasoned fuel
wood, or coal with sulfur content less than 1.0% by weight burned
in a coal-only heater:
(a)
Rubbish or garbage;
(b)
Treated or painted wood;
(c)
Plastic and plastic products;
(d)
Rubber products, including tires and synthetic rubber-like products;
(e)
Animal carcasses and wastes;
(f)
Asphaltic products;
(g)
Paints and chemicals; or
(h)
Any substance which normally emits dense smoke or obnoxious
odors.
B.
After November 5, 2015, an outdoor wood-fired furnace may be installed
and used in the Village of Siren only in accordance with the following
provisions:
[Amended 11-5-2015 by Ord. No. 2015-03]
(1)
All outdoor wood-fired furnaces under this chapter must meet current
federal Environmental Protection Agency requirements and specifications.
(2)
The outdoor wood-fired furnace must meet all current setback requirements
with the exception of being 20 feet from the side yard.
(3)
The outdoor wood-fired furnace shall have a three-sided fence between
six feet and seven feet in height surrounding the furnace.
(4)
The outdoor wood-fired furnace shall have a chimney that extends
at least 15 feet above the ground surface or three feet above the
highest eave line of any building within 100 feet. The chimney must
be secured and able to withstand high winds.
(5)
The owner of the outdoor wood-fired furnace shall obtain a one-time
permit from the Village of Siren that would need to be renewed if
ownership of the property changes.
(6)
Burnable debris must be kept clear of the area directly in front
of the stove.
(7)
Outdoor wood-fired furnaces deemed a nuisance by the Village are
subject to removal at the Village's discretion.
(8)
The outdoor wood-fired furnace shall only be operated from October
1 through April 30. The outdoor wood-fired furnace shall not be used
from May 1 until September 30 for any reason.
