[HISTORY: Adopted by the Common Council of the City of Monona
as Title 11, Ch. 6, of the 1994 Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City of Monona.
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.
[1]
Editor's Note: Former § 312-3, Chronic nuisance
property, added 7-7-2008 by Ord. No. 5-08-580, as amended, was repealed
11-21-2022 by Ord. No. 11-22-757.
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 § 312-2:
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
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
in violation of this Code.
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 City causing any foul, offensive, noisome, nauseous, noxious or
disagreeable odors, gases, effluvia or stenches extremely repulsive
to the physical senses of ordinary persons which annoys, discomforts,
injures or inconveniences the health of any appreciable number of
persons within the City.
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 City.
J.
Animals at large. All animals running at large.
K.
Accumulations of refuse. Accumulations of old cans, lumber, firewood
and other refuse.[1]
(1)
Firewood
should be neatly stacked and may be stacked not closer than two feet
to any lot line and not higher than six feet from grade, except adjacent
to a fence where firewood can be stacked against the fence as high
as the fence. "Fence," as used in this section, shall not include
hedges and other vegetation.
(2)
All
brush, debris and refuse from processing of firewood shall be promptly
and properly disposed of and shall not be allowed to remain on the
premises.
(3)
Woodpiles
that contain diseased wood that is capable of transmitting disease
to healthy trees and woodpiles that harbor or are infested or inhabited
by rats or other vermin are public nuisances and may be abated pursuant
to the provisions of this Code.
L.
Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash or industrial dust within the limits of the
City 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 § 312-2:
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 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 § 312-2:
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 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 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 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; 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 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 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 City or laws of the state relating to the storage of flammable
liquids.
O.
Unremoved snow. All snow and ice not removed or sprinkled with ashes,
sawdust, sand or other chemical removers, as provided in this Code.
P.
Yahara Cove Boardwalk at River Place: the operation of bicycles,
skateboards and in-line skates.
A.
Enforcement. It shall be the duty of the Chief of Police and the Building Inspector to enforce the provisions of this chapter. The Weed Commissioner shall have concurrent jurisdiction to enforce the provisions of §§ 263-4, 263-5 and 263-6. Such officers shall make periodic inspections and inspections upon complaint to ensure that such provisions are not violated. Notwithstanding the foregoing, any provision of this chapter may be enforced by the City Administrator and City employees designated by the Administrator to make such inspections and reports. No action shall be taken under this section to abate a public nuisance unless an officer shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and has determined that a nuisance does in fact exist.
B.
Summary abatement.
(1)
Notice to owner. If the inspecting officer or agent determines that
a public nuisance exists within the City and that there is a great
and immediate danger to the public health, safety, peace, morals or
decency, he or she shall immediately report such determination to
the City Administrator, and the City Administrator 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. 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 or greater than seven days
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, maintaining or permitting
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.
Nonsummary abatement.
(1)
Order to abate nuisance. 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 imminent danger to the
public health, safety, peace, morals or decency, he/she shall issue
an order reciting the existence of a public nuisance and requiring
the owner or occupant of the premises to remove or abate the condition
described in the order within the time period specified therein. The
order shall be served personally on the owner of the building as well
as the occupant, if different from the owner and applicable to the
described nuisance, or at the option of the inspecting officer the
notice may be mailed to the last known address of the person to be
served by registered mail with return receipt. If the owner or the
occupant cannot be served, the order may be served by posting it on
the main entrance of the premises and by publishing as a class 3 notice
under Ch. 985, Wis. Stats. The time limit specified in the order runs
from the date of service or publication.
(2)
Abatement by City. If the owner or occupant fails or refuses to comply
within the time period prescribed, the inspecting officer shall enter
upon the premises and cause the nuisance to be removed or abated,
and the City shall recover the expenses incurred thereby from the
owner or occupant of the premises or from the person who has caused
or permitted the nuisance.
(3)
Remedy from order. Any person affected by such order shall, within
30 days of service or publication of the order, apply to the circuit
court for an order restraining the City and the inspecting officer
from entering on the premises and abating or removing the nuisance
or be forever barred. The court shall determine the reasonableness
of the order for abatement of the nuisance.
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 or under any other provision of this Code applicable to a particular type of nuisance. No action taken to abate a nuisance shall preclude an action seeking a forfeiture as provided in § 312-9 of this chapter. An action may be commenced by citation issued by the Chief of Police, the Fire Chief, Building Inspector or City Administrator.
E.
Court order. Except where necessary under Subsection C, no officer hereunder shall 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 are occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
[Amended 10-16-2017 by Ord. No. 9-17-689]
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.
A.
Enforcement. The Chief of Police, Fire Chief, City Engineer and Building Inspector, and their authorized designees, 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 § 312-7 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.
[Added 5-20-2019 by Ord.
No. 5-19-716]
A.
Prohibited. No person shall permit an alarm system to repeatedly
emit false signals.
B.
ALARM SYSTEM
FALSE SIGNAL
OWNER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any system, device or mechanism which, when activated, transmits
a telephonic, wireless, electronic, video or other form of message
to an alarm-system-monitoring company or some other number or emits
an audible or visible signal that can be heard or seen by persons
outside the protected premises or transmits a signal beyond the premises
in some other fashion, except a medical alert alarm.
A signal which is emitted by an alarm system which is not
the result of an intrusion by persons, or a nonfire emergency. A signal
is emitted for the purpose of this section when it is directly transmitted
to the Police Department or transmitted to any person who subsequently
reports such signal to the Police Department.
The person or legal entity that owns the property from which
the false signal is emitted, except that if the premises are leased
or rented, the lessee or occupant of the property or part thereof
from which the false signal is emitted shall be deemed the owner.
C.
Responsibility for operation of alarm systems.
(1)
Upon a finding that a signal from an alarm system is a false signal,
the Police Department shall notify the building owner of the false
signal. It shall then be the responsibility of the owner to secure
the building and prevent additional false signals. A second or subsequent
false alarm within a twelve-hour period shall constitute a violation
of this section and the building owner shall be liable for such violation.
(2)
No building owner shall permit an alarm system to emit more than
three false signals during any sixty-day period. A fourth false signal
during a sixty-day period shall constitute a violation of this section
and the building owner shall be liable for such violation.
D.
Misuse of alarm system. No person shall use an alarm system in the
absence of an actual emergency situation, which results in the response
of police personnel; or use an alarm system rather than a telephone
to summon police personnel in any situation where such telephone use
would not create an immediate threat to the safety of the caller or
other persons.
E.
Exceptions. None of the provisions of this section shall apply to
any official governmental body or subdivision thereof which owns,
operates and maintains its own alarm equipment.
