[HISTORY: Adopted by the Village Board of the Village of
Coloma 6-30-1994 as Title 9, Ch.
6, of the 1994 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch. 165.
Animals — See Ch. 182.
Brush, grass and weeds — See Ch. 198.
Hazardous materials and pollution — See Ch. 279.
Health and sanitation — See Ch. 286.
Noise — See Ch. 344.
Nudity — See Ch. 350.
Peace and good order — See Ch. 376.
Sewers — See Ch. 401.
Trees and shrubs — See Ch. 424.
Junked or abandoned vehicles — See Ch. 435.
Water — See Ch. 460.
Water and sewer connections — See Ch. 464.
Zoning — See Ch. 480.
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
A thing, act, occupation, condition or use of property which
shall continue for such length of time as to:
Substantially annoy, injure or endanger the comfort, health,
repose or safety of the public.
In any way render the public insecure in life or in the use
of property.
Greatly offend the public morals or decency.
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 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 foods 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
materials, 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.
All weeds and grass shall be kept cut to a height of not to exceed
eight inches.
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 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 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.
Transportation of rubbish, trash and all other materials. All rubbish,
trash, and all other materials being transported to the Town of Springwater
and Village of Coloma landfill must be covered or fastened down while
in transport to the landfill site. No person shall be admitted to
the Town of Springwater and the Village of Coloma landfill site unless
he/she can show proper identification. "Proper identification" being
a sticker to show said person has the authorization to use the landfill.
Any person not having the proper identification will not be admitted.
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.
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 this Code.
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.
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
its color, location, brilliance or manner or 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 any public sidewalk,
street or other public place and present a safety hazard.
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 do not conform to the permit.
L.
Campaign signs. All campaign signs to be removed within 14 days after
election.
A.
Enforcement. The Chief of Police, the Fire Chief, and the Zoning
Administrator 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 insure 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/herself that a nuisance does in
fact exist.[1]
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 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 the nature of such nuisances is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he/she 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.[2]
D.
Other methods not excluded. Nothing in this section 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 section for
the erection, contrivance, creation, continuance or maintenance of
a public nuisance, the cost of abating a nuisance by the Village 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 shall, upon conviction thereof, be subject to a forfeiture as provided in § 1-2, General penalty, of this Code for each and every offense. Each day that the violation of this chapter continues shall be deemed a separate offense.
