[HISTORY: Adopted by the Village Board of Trustees of the
Village of Slinger as Secs. 10.01 to 10.03, 9.09, 10.04, 10.05, 10.10,
10.11 and 10.20 of the former Municipal Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Animals — See Ch. 184.
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance.
[Amended 8-21-2023 by Ord. No. 08-01-2023]
For the purpose of this chapter, the following terms shall have
the meanings indicated:
To give, place, expose, deposit, distribute or scatter any
edible material with the intention of feeding, attracting or enticing
wildlife. Feeding does not include baiting in the legal taking of
fish and/or game.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
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.
All animals that are neither human and/or domesticated.
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 § 336-2.
A.
Adulterated food. All decayed, 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 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.
(1)
All noxious weeds and other rank growth of vegetation, and all weeds,
grasses and plants over eight inches in height, which:
[Amended 12-3-2018 by Ord. No. 11-01-2018]
(a)
Detract from the surrounding area and properties.
(b)
Become a possible fire hazard as determined by the Village.
(c)
Become a health hazard due to their pollen or might be a cover
for disease-carrying rodents and other small animals.
(d)
Are of infectious or poisonous nature in or adjacent to a populated
area, regardless of height.
(e)
Become a potential hazard to vehicular traffic, in vision clearance
triangles.
(2)
This subsection does not include trees, shrubs or noxious weeds as
described in §§ 66.0407 and 94.38, Wis. Stats.
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 sense 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.
Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash, industrial dust or other atmospheric pollutants
within the Village limits in such quantities as to endanger the health
of persons of ordinary sensibilities or to threaten or cause substantial
injury to property in the Village.
[Amended 12-3-2018 by Ord. No. 11-01-2018[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection
K, Open cisterns, which immediately followed this subsection.
K.
Storage of waste tires. The storage or accumulation of waste tires
that are determined to be no longer suitable for their original purposes
because of wear, damage or defect located within the Village of Slinger.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
(1)
Exception. A firm located within a business district conducting a
permitted business use whereby new tires are an integral part of the
operation may store waste tires not to exceed 100 at any one time
in an approved enclosed area properly fenced and screened from public
view.
(a)
The Fire Department of the Village is hereby designated as the
approving and inspecting authority in the enforcement of this chapter
for the protection of health, safety and welfare of the public.
L.
Violation of public health order. Any act, activity, or use that
violates a public health order issued pursuant to § 252.02
or 252.03, Wis. Stats.
[Added 4-2-2020 by Ord.
No. 04-01-2020]
M.
Wildlife
feeding.
[Added 8-21-2023 by Ord. No. 08-01-2023]
(1)
Purpose. The purpose of this subsection is to prohibit the feeding
of unconfined wildlife in any public park or on any other property
owned or operated by the Village of Slinger, so as to protect public
health, safety, and welfare, and to prescribe penalties for failure
to comply.
(2)
Prohibited conduct. No person shall feed, in any public park or on
any other property owned or operated by the Village of Slinger, any
wildlife, excluding confined wildlife (for example, wildlife confined
in zoos, parks or rehabilitation centers, or unconfined wildlife at
environmental education centers, or feral cats as part of an approved
trap-neuter-release program).
(3)
Enforcement. This subsection shall be enforced by the Village of
Slinger Police Department or designee. Any person found to be in violation
of this subsection shall be ordered to cease the feeding immediately.
No person shall have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fastened in such manner as to prevent injury to any person,
and any cover shall be of a design, size and weight that the same
cannot be removed by children.
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 within the definition of § 336-2:
A.
Disorderly houses. All disorderly houses, bawdy houses, houses of
ill fame, and buildings or structures kept or resorted to for the
purpose of prostitution, promiscuous sexual intercourse or forms of
gambling not permitted by Wisconsin Statutes.
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 licenses as
provided for by 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 and welfare are openly, continuously,
repeatedly and/or intentionally violated.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
E.
Illegal drinking. Any place or premises resorted to for the purpose
of drinking intoxicating liquor or fermented malt beverages in violation
of state laws or Village ordinances.
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 § 336-2.
A.
Signs, billboards, etc. All signs and billboards, awnings and other
similar structures over or near street, 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, altered, or maintained
within the Village in violation of the Village ordinances, permits
issued, and/or state law relating to materials and manner of construction,
repair, alteration, or maintenance of buildings and structures.
[Amended 8-21-2023 by Ord. No. 08-02-2023]
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 15
feet above any public sidewalk or street.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
F.
Dangerous trees. All trees which are injurious to public health or
safety because of a diseased or damaged condition; and the storage
of cut elm wood, unless such wood is debarked or sprayed with an effective
elm bark beetle destroying insecticide.
G.
Fireworks. All use or display of fireworks except as provided by
state laws and Village ordinances.
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 and cables over streets. All wires and cables over streets
shall comply with the rules of the State of Wisconsin as to height
and uniformity.
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.
Unlawful assemblies. 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.
M.
Materials and equipment. All dilapidated, inoperable machinery, rotting,
dilapidated or unsightly matter and trash of any kind, except that
any items as above enumerated which the owner has declared and pays
personal property tax on.
A.
Enforcement. The Chief of Police, the Chief of the Fire Department,
the Building Inspector, and the Zoning Administrator shall enforce
those provisions of this chapter that come within the jurisdiction
of their respective offices, and they shall make periodic 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 official 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.
[Amended 12-3-2018 by Ord. No. 11-01-2018; 8-21-2023 by Ord. No. 08-02-2023]
B.
Summary abatement. If the inspecting official determines that a public
nuisance exists within the Village and that there is a great and immediate
danger to the public health, safety, peace, morals or decency, the
proper official may 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.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
C.
Abatement after notice. If the inspecting official determines 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 official may cause the nuisances to be removed as provided in Subsection B above.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
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.
E.
Court order. Except when necessary under Subsection B, no official 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, may apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
[Amended 12-3-2018 by Ord. No. 11-01-2018]
In addition to any other penalty imposed by this chapter for
the erection, contrivance, creation, continuance or maintenance of
a public nuisance, the costs 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; and if notice to abate the
nuisance has been given to the owner, such cost shall be assessed
against the property as a special charge.
[Amended 12-3-2018 by Ord. No. 11-01-2018]
Any person who maintains a nuisance as defined in this chapter or who violates any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided in § 1-2 of the Village Code.
