[HISTORY: Adopted by the Village Board of the Village of Denmark at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisance within the Village.
A public nuisance is a thing, act, occupation, condition, or use of property which continues 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 any street, alley, highway, navigable body of water, or other public way.
The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 200-2:
Adulterated food. All decayed, adulterated or unwholesome food or drink sold or offered for sale to the public.
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.
Breeding places for insects or vermin. 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 can breed.
Stagnant water. All stagnant water in which flies or other insects can multiply.
Privy vaults and garbage cans. Privy vaults and garbage cans which are not flytight.
Noxious weeds. See § 66.0407, Wis. Stats., and Chapter 224, Property Maintenance, of the Village Code.
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.
Noxious odors. Any use of property, substances, or things within the Village emitting or causing any foul, offensive, noisome, 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.
Street pollution. Any use of property which causes any noxious or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk, or public place within the Village.
Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust, or other atmospheric pollutants within the Village or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or threaten or cause substantial damage to property in the Village.
Abandoned wells. All abandoned wells not securely covered or secured for public use.
Obstruction of watercourses, etc. Any obstruction in or across any watercourse, drainage ditch, or swale.
Deposit of garbage, refuse, etc. The deposit of garbage, refuse or any offensive substance on any public or private property except as may be permitted by ordinance. Garbage cannot be placed out for pickup prior to 24 hours before such scheduled pickup.
Smoke and soot.
Dense smoke. The emission of dense smoke from the smokestack of any engine or from the smokestack or chimney of any building within the Village is hereby declared to be a public nuisance and is prohibited.
Stationary engine. The owner, lessee, or occupant of any building or the fireman, engineer, or any other person having charge or control of any furnace or stationary engine who shall cause, permit, or allow dense smoke to issue or be emitted from the smokestack or chimney connected with any such furnace or stationary engine within the Village shall be guilty of creating a public nuisance and of violating the provisions of this section.
All soot prohibited. The emission of soot, cinders, or coal dust from any chimney, stack, or furnace or from any building within the Village is hereby declared to be a public nuisance and is prohibited.
Air contaminants. No operation or use shall cause, create, or allow air contaminants at the emission point or within the bounds at the property which exceed federal or state air pollution regulations.
The following acts, omissions, places, conditions, and things are 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 § 200-2:
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 and any building in which gambling, prostitution, or liquor and fermented malt beverage violations occur or which is used for the purpose of unlawfully selling, serving, storing, keeping, or giving away controlled substances as defined in Ch. 961, Wis. Stats. (Uniform Controlled Substances Act). No person shall knowingly keep, control, or operate a disorderly house, or knowingly be an inmate of, frequent, patronize, or be found within any disorderly house. In addition to the forfeiture provisions of this section, the operation of any disorderly house shall be deemed to be a public nuisance and may be enjoined by the Village.
Gambling devices. All gambling devices and slot machines.
Unlicensed sale of liquor and beer. All places where intoxicating liquor or fermented malt beverages are sold, stored, brewed, bottled, manufactured, or rectified without a permit or license as provided for by the ordinances of the Village.
Continuous violation of Village ordinances or state laws. 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.
Illegal drinking. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of state laws.
The following acts, omissions, places, conditions, and things are 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 § 200-2:
Dangerous signs, billboards, etc. All signs, 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.
Illegal buildings. All buildings erected, repaired, or altered in violation of Village ordinances relating to materials and manner of construction of buildings and structures within the Village.
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.
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.
Low-hanging tree limbs. All limbs of trees which project over and less than 12 feet above any public sidewalk or 15 feet above any street.
Dangerous trees. All trees which are a menace to public safety or which are the cause of substantial annoyance to the general public.
Fireworks. All use or display of fireworks except as provided by state laws and Chapter 151, Fireworks, of the Village Code.
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.
Low-hanging wires and cables. All wires and cables over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.
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, greatly annoys or disturbs a neighborhood or any considerable number of persons within the Village.
Obstruction of streets; excavations. All obstructions of streets, alleys, sidewalks, or crosswalks, and all excavations in or under the same, except as permitted by Village ordinances, but including those 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.
Unlawful assemblies. Any unauthorized or prohibited 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 or sidewalks.
Noises or vibrations. All loud, discordant, and unnecessary noises or vibrations of any kind.
Open and unguarded pits, wells, etc. All open and unguarded pits, wells, excavations, or unused basements freely accessible from any public street, alley, or sidewalk.
Abandoned refrigerators or iceboxes. All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or which cannot be opened by pushing from inside by a small child.
Storage of flammable liquids. Repeated or continuous violations of Village ordinances or state laws relating to the storage of flammable liquids.
Structure or material which constitutes a fire hazard. Any structure, material, or condition which constitutes a fire hazard or will impair the extinguishing of any fire.
Any nuisance. Any nuisance so defined by the Wisconsin Statutes.
The use of sound amplifiers outside buildings within the Village is prohibited without a permit from the Village. A sound amplifier shall not be operated after 10:00 p.m. or before 7:00 a.m. or in the vicinity of churches while services are being conducted, or near schools that are in session. The Village may order a reduction in the volume of an amplifier on complaint being made by a citizen or when such loudspeaker is a nuisance because of volume, the method in which it is being used, or the location in which it is being operated.
Between the hours of 10:00 p.m. and 7:00 a.m. no person may operate a radio, jukebox, or other electric sound-amplification device emitting sound from any business premises within the Village that is audible on residentially zoned property under normal conditions from a distance of 75 feet or more beyond the lot line of any business premises described which emits a sound, unless the electric sound-amplification device is being used to request assistance or warn against unsafe conditions.
The unsheltered accumulation or storage of old, unused, stripped, junked, and other automobiles not in good and safe operating condition, any other vehicles, machinery, implements, or equipment, any parts thereof, and personal property of any kind which is no longer safely usable for the purposes for which it was manufactured within the Village is declared to be a public nuisance and dangerous to the public health, safety and well-being of Village residents.
The owner, tenant, lessee, and occupants of any lot upon which such accumulation or storage is made and the owner and lessee of the items involved in such storage, all referred to collectively as "owners," shall jointly and severally abate the nuisance by promptly moving such items into completely enclosed buildings authorized to be used for such storage purposes, if the same can be found within the Village, or otherwise by moving the items to a location outside the Village.
Whenever the owners fail to abate the nuisance, the Village shall move such items to a location of its selection, and the expense thereof shall be billed to the owners, jointly and severally, which bill shall be coverable through tax roll. When such items have been removed and placed in storage by the Village, they shall be sold by the Village after the lapse of such time as is provided. If the proceeds of such sale are insufficient to pay the costs of abatement, the owners shall be jointly and severally liable to the Village for the balance of the costs to be recoverable in a suit of law. If the proceeds are in excess of costs, the balance shall be paid to the owners or deposited with the Village for their use.
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning given:
- Waste resulting from the handling, cooking, processing, preparation, serving, storage, and consumption of food, including animal, fish, fowl, fruits, vegetables, or other matter which is subject to decomposition, decay, putrefaction, and the generation of offensive and noxious gases or odors.
- Garbage, refuse, and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety, and welfare.
- RECEPTACLES, PRIVATE AND PUBLIC
- Private receptacles are containers made of durable, rust-resistant, watertight, rodent-proof, and easily cleaned material with close-fitting flytight covers. Public receptacles are litter containers which are placed on Village roadways or fastened to poles and maintained by the Village and marked as "litter receptacles."
- All putrescible and nonputrescible solid wastes, including ashes, street cleanings, dead animals, and all other abandoned personal property and solid market and industrial waste. "Refuse" includes animal offal, the droppings from pet animals, manure, and night soil.
- Nonputrescible and solid wastes, both combustible and noncombustible, including but not limited to circulars, leaflets, pamphlets, wrappers, handbills, newspapers, and any other printed or nonprinted paper material, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, and other similar materials.
Litter in public places. No person shall throw, deposit, or cause to be placed litter upon any street, sidewalk, alley, or other public place within the Village except in public receptacles provided by the Village.
Placement of litter in receptacles so as to prevent scattering. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner and in such containers as will prevent it from being carried or deposited by the elements upon any street, sidewalk, alley, or other public place or upon private property within the Village.
Sweeping litter into gutters prohibited. No person shall sweep into or deposit in any gutter, street, alley, or other public place within the Village the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying the property shall keep the sidewalks, entrance walks, parking lots, and parking areas in front of or upon their premises free of litter.
Litter in public waters. No person shall throw or deposit litter in any fountain, pond, wading pool, river, bay, or other body of water in a public or private place or elsewhere within the Village.
Litter on occupied private property. No person shall throw or deposit litter on any occupied private property within the Village, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk, alley, or other public place or any private property.
Owner to maintain premises free of litter.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this subsection shall not prohibit the storage of litter in an authorized private receptacle for collection.
Littering at razing or removal site. No person or owner shall leave litter, building debris, excavations, or ground piles on property on which a building is being razed or from which a building has been moved. If work is not being done in a satisfactory manner or is not progressing, thus causing a public safety hazard and nuisance, the Building Inspector, after a written notice specifying a definite period within which persons concerned shall clean up the property and level off the ground to the adjoining level, shall cause such work to be done, and the cost thereof shall be borne by the property or the property owner.
Litter on vacant lot. No person shall throw or deposit litter on any open or vacant private property or public property within the Village, whether owned by such person or not.
Animal offal and other offensive wastes. It is expressly recognized that animal offal, the droppings from pet animals, manure, and night soil create a danger to public health, safety, and welfare when deposited on the roadway, or upon the shoulders of public roadways or shoulders of private property. It shall be the responsibility of the owner of such animals to dispose of such wastes in a sanitary manner as provided above.
Litter from vehicles.
The operator of every vehicle and trailer transporting solid waste materials or other materials within the Village shall provide proper devices necessary to completely secure the solid waste or other materials. Tarps are required for materials such as paper and plastic products and other material which because of size, weight and configuration could blow or bounce off the vehicle. Tailgates in an upright position, backboards of at least one foot in height, ropes, chains, or straps, or a combination of these devices is required to completely secure other solid waste materials or other materials to prevent blowing, bouncing, leaking, falling or spillage. Materials shall not extend above the side, front or back of the cargo-carrying portion of the vehicle unless the material is securely fastened to the vehicle.
No person shall throw or discard any litter materials out of any vehicle onto any roadway or public or private property within the Village.
Findings. The Village Board of Denmark finds that certain premises within the Village of Denmark receive and require more than the general, acceptable level of services from Village departments. These premises place an undue and inappropriate burden on the Village of Denmark taxpayers. Nuisance activity contributes to the general decay of an affected neighborhood and negatively impacts law-abiding residents in these neighborhoods. This section is intended to encourage responsible ownership of such properties such as they do not unduly burden the Village's departments or taxpayers. This section is not intended to discourage crime victims or a person in legitimate need of Village services from requesting them. This section does not affect a premises owner's duty to comply with the fair housing laws, nor does it affect a premises owner's duty to comply with all other laws governing residential tenancies which are contained in Ch. 704, Wis. Stats., Ch. ATCP 134, Wis. Adm. Code, and other parts of this code.
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- AUTHORIZED VILLAGE OFFICIAL
- Singularly or collectively, officers of the Police Department, the Building Inspector, Health Inspector, Fire Chief, and Public Works Director, or their designee with jurisdiction to enforce the various statutes and ordinances prohibiting nuisance activities.
- CHRONIC NUISANCE PROPERTY
- A property that meets any of the following criteria:
- (1) A property which has generated three or more calls for Village services within a one-year period. This includes enforcement action against any person associated with the property;
- (2) A property for which a court of law has determined that, pursuant to a search warrant request, probable cause exists that manufacture, distribution or delivery of a controlled substance has occurred on or in association with the premises within 30 days prior to the date of the search warrant application; or
- (3) A property which has had one enforcement action associated with the property resulting from the manufacture, delivery or distribution of a controlled substance(s) as defined in Ch. 961, Wis. Stats., or a property which is used as a meeting place of a criminal gang, or that is used to facilitate the activities of a criminal gang as defined in § 939.22(9), Wis. Stats.
- CHRONIC NUISANCE PROPERTY NOTICE (CNP NOTICE)
- The notice issued by an authorized official of the Village.
- ENFORCEMENT ACTION
- The arrest, the issuance of a citation, or the issuance of a written or verbal warning.
- NUISANCE ACTIVITIES
- May include, but are not limited to, any of the following activities, behaviors or conduct:
- (1) An act of harassment, as defined in § 947.013, Wis. Stats.
- (2) Disorderly conduct as defined in Chapter 213, Denmark Village Code, or § 947.01, Wis. Stats.
- (3) Crimes of violence as defined in Ch. 940, Wis. Stats.
- (4) Resisting or obstructing an officer as prohibited by Chapter 213, Denmark Village Code, or § 946.41, Wis. Stats.
- (5) Lewd and lascivious behavior as prohibited by Chapter 213, Denmark Village Code, or § 944.20 Wis. Stats.
- (6) Damage to property as prohibited by Chapter 213, Denmark Village Code, or § 943.01, Wis. Stats.
- (7) Loud and unnecessary noise as prohibited by Chapter 213, Denmark Village Code.
- (8) Crimes involving illegal possession of firearms as defined in §§ 941.23, 941.26, 941.28, 941.29 and 948.60, Wis. Stats.
- (9) Trespass to land as defined in Chapter 213, Denmark Village Code, or §§ 943.13 and 943.14, Wis. Stats.
- (10) Loitering or obstructing a street or sidewalk, as prohibited by Chapter 213, Denmark Village Code.
- (11) Theft as defined in Chapter 213, Denmark Village Code.
- (12) Arson as defined in § 943.02, Wis. Stats.
- (13) Keeping a place of prostitution as defined in § 944.34, Wis. Stats.
- (14) Prostitution as prohibited in Chapter 213, Denmark Village Code, or § 944.30, Wis. Stats.
- (15) Battery, substantial battery, or aggravated battery as defined in § 940.19, Wis. Stats.
- (16) Receiving stolen property as defined in Chapter 213, Denmark Village Code, or § 943.34, Wis. Stats.
- (17) Patronizing prostitutes as prohibited in Chapter 213, Denmark Village Code, or § 944.31, Wis. Stats.
- (18) Animal violations as defined in Chapter 111, Denmark Village Code.
- (19) Gambling as defined in § 945.02, Wis. Stats.
- (21) The execution of arrest or search warrants at a particular location.
- (22) Alcohol violations, as defined in Chapter 105, Denmark Village Code, or Ch. 125, Wis. Stats.
- (23) Fire violations, as defined in Chapter 147, Denmark Village Code.
- (24) Any other violations of the Denmark Village Code, Brown County Code, or Wisconsin Statutes.
- Any natural person, agent, association, firm, partnership, corporation or other entity capable of owning, occupying or using property in the Village of Denmark.
- A business, public or private clubhouse, a place of abode, a residence, a house or multiple dwelling unit for one or more persons, including lodging houses, hotels, motels and tourist rooming houses and associated common areas, yards and parking lots.
Whenever an authorized Village official determines that three or more nuisance activities resulting in enforcement action have occurred at the premises or property during a one-year period, the Village official may notify the premises or property owner in writing. The Village official shall not count nuisance activities reported by the owner of the premises or on-site premises manager. Section 968.075, Wis. Stats., broadly defines "domestic abuse." Therefore, in reaching a determination that a premises is a chronic nuisance premises, activities that are domestic abuse incidents pursuant to § 968.075, Wis. Stats., shall not be included as nuisance activities unless the incidents have been reviewed by the Police Department and the Village Attorney and a determination is made that, based upon the specific facts of each incident, the activities should be deemed nuisance activities. In determining whether to include such activities, the Police Department and Village Attorney shall consider the strong public policy in favor of domestic victims reporting alleged abuses, and this section shall not operate to discourage such reports. The notice shall be deemed to be properly delivered if sent either by first-class mail to the premises owner's last known address or if delivered in person to the premises owner. If the premises owner cannot be located, the notice shall be deemed to be properly delivered if a copy is left at the premises owner's usual place of abode in the presence of some competent member of the family at least 14 years of age, or a competent adult currently residing there and who shall be informed of the contents of the notice. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by first-class mail to the last known address of the owner identified by the records of the Village Assessor.
The notice shall contain:
The street address or legal description sufficient to identify the premises.
A description of the nuisance activities that have occurred on the premises and a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises.
A statement that the premises owner, in addition to actual abatement costs, may be subject to a forfeiture action with a penalty of not less than $25 nor more than $2,500 for each day a chronic nuisance is allowed to continue.
A statement that the premises owner shall, within 30 days, meet with the Village official either to appeal or to propose a written course of action to abate the nuisance activities which is acceptable to the authorized Village official.
Abatement plan. Any owner receiving notice pursuant to Subsection C shall meet with the authorized Village official or his or her designee within 30 days of receipt of such notice. The parties shall review the problems occurring on the property. Within 10 business days of this meeting, the owner shall submit to the authorized Village official or his or her designee an abatement plan to end the nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, fire, or other authorized Village official contact.
Additional nuisance activity. Whenever the authorized Village official determines that additional nuisance activity has occurred at the premises for which notice has been issued pursuant to this section, that this nuisance activity has occurred not less than 15 days after the notice has been issued, and that reasonable efforts have not been made to abate the nuisance activity, the authorized Village official may calculate the cost of Village response and enforcement for this and any subsequent nuisance activities and cause such charges and administrative costs to be assessed and collected as a special charge.
Appeal. Appeal of the determination of the authorized Village official may be submitted to the Denmark Village Board. However, if no petition for an appeal hearing is filed within 20 days following receipt of the notice provided to the premises owner, the petitioner's right herein provided to a hearing shall be deemed waived by the petitioner and the hearing petition shall be voided as untimely.
Enforcement. The Police Department, Zoning Administrator, Fire Chief, Public Works Director, and 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 actions shall be taken under this section 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 has satisfied himself or herself that a nuisance does in fact exist. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the Clerk.
Summary abatement. If the inspecting officer determines 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 Board may direct the proper officer to cause the same to be abated or to remove such nuisance within 24 hours and shall state that unless such nuisance is so abated, the Village 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.
Abatement by Village. If the nuisance is not abated within the time provided, or if the owner, occupant, or person causing the nuisance cannot be found, the Police Department, Zoning Administrator, Fire Chief, or Public Works Director shall cause the abatement or removal of such nuisance. The charge for the abatement or removal shall be as set from time to time by the Board and its costs shall be charged to the property owner. If such charges are not paid by November 15 of the year in which they are billed, such charges, together with an additional administrative fee for collection equal to 10% of the total of such charges and fees, shall be extended on the next succeeding tax roll as a tax charged against the property affected and collected in the same manner as are other real estate taxes.
Abatement after notice. If the inspecting officer determines that a public nuisance exists on private premises but that such nuisance does not threaten great and immediate danger to the public health, safety, peace, morals, or decency, he or 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 10 days, the proper officer shall cause the nuisance to be removed as provided in Subsection C.
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.
Court order. Except when necessary under Subsection B, an officer hereunder shall not 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.
Except where another penalty is prescribed, any violation of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.