[HISTORY: Adopted by the Town Board of the Town of Lowell
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-1-2004 (Title
8, Ch. 1, of the 2004 Code of Ordinances)]
The Town Board may make reasonable and general rules for the
enforcement of the provisions of this chapter and for the prevention
of the creation of health nuisances and the protection of the public
health and welfare and may, where appropriate, require the issuance
of licenses and permits. All such regulations shall have the same
effect as ordinances, and any person violating any of such regulations
and any lawful order of the Town Board shall be subject to the general
penalty provided for in this Code.
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/her
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.[1]
A.
Unless delegated to the county, the Town Clerk shall annually on
or before May 15th publish as required by state law a notice that
every person is required by law to destroy all noxious weeds on lands
in the Town which he/she owns, occupies or controls. A joint notice
with other towns or municipalities may be utilized.
B.
If the owner or occupant shall neglect to destroy any weeds as required
by such notice, then the Weed Commissioner of the Town shall give
five days' written notice by mail to the owner or occupant of
any lands upon which the weeds shall be growing to the effect that
the said Weed Commissioner after the expiration of the five-day period
will proceed to destroy or cause to be destroyed all such weeds growing
upon said lands and that the cost thereof will be assessed as a tax
upon the lands upon which such weeds are located under the provisions
of § 66.0407, Wis. Stats. In case the owner or occupant
shall further neglect to comply within such five-day notice, then
the Weed Commissioner shall destroy such weeds or cause them to be
destroyed in the manner deemed to be the most economical method and
the expense thereof, including the cost of billing and other necessary
administrative expenses, shall be charged against such lots and be
collected as a special tax thereon.
A.
A RODENT-PROOF CONTAINER
HARDWARE CLOTH
OWNER or MANAGER
RODENT
RODENT HARBORAGE
RODENT-PROOFING
Definitions. The following definitions shall be applicable in this
section:
A container constructed of concrete or metal, or the container
shall be lined with metal or other material that is impervious to
rodents, and openings into the container, such as doors, shall be
tight-fitting to prevent the entrance of rodents.
Wire screening of such thickness and spacing as to afford
reasonable protection against the entrance of rodents.
Whenever any person or persons shall be in actual possession
of or have charge, care or control of any property within the Town,
as executor, administrator, trustee, guardian of agent, such person
or persons shall be deemed and taken to be the owner or owners of
such property within the true intent and meaning of this article and
shall be bound to comply with the provisions of this article to the
same extent as the owner, and notice to any such person of any order
or decision of the Building Inspector or his/her designee shall be
deemed and taken to be a good and sufficient notice as if such person
or persons were actually the owner or owners of such property, except
that whenever an entire premises or building is occupied as a place
of business, such as a store, factory, warehouse, rooming house, junkyard,
lumberyard or any other business under a single management, the person,
firm or corporation in charge of such business shall be considered
the owner or manager.
All nuisance animals.
Any place where rodents can live and nest without fear of
frequent molestation or disturbance.
Closing openings in building foundations and openings under
and around doors, windows, vents and other places which could provide
means of entry for rodents, with concrete, sheet iron, hardware cloth
or other types of rodent-proofing material approved by the Town.
B.
Elimination of rodent harborages. Whenever accumulations of rubbish,
boxes, lumber, scrap metal, car bodies or any other materials on nonagricultural
property provide rodent harborage, the person, firm or corporation
owning or in control of such materials shall cause the materials to
be removed or the materials shall be stored so as to eliminate the
rodent harborage. Lumber boxes and similar materials shall be neatly
piled. These piles shall be raised at least a foot above the ground.
C.
Elimination of rodent-feeding places. No person, firm or corporation
shall place, or allow to accumulate, any materials on nonagricultural
property that may serve as a food for rodents in a site accessible
to rodents. Any waste material that may serve as food for rodents
shall be stored in rodent-proof containers.
D.
Extermination. Whenever rodent holes, burrows or other evidence of
rodent infestation are found on any premises or in any nonagricultural
building within the Town, it shall be the duty of the owner or manager
of such property to exterminate the rodents or to cause the rodents
to be exterminated. Within 10 days after extermination, the owner
or manager shall cause all of the rodent holes or burrows in the ground
to be filled with earth or other suitable material.
E.
Rodent-proofing. It shall be the duty of the owner or manager of
any nonagricultural building in the Town of Lowell to make such building
reasonably rodent-proof, to replace broken basement windows and, when
necessary, to cover the basement window openings with hardware cloth
or other suitable material for preventing rodents from entering the
building through such window openings.
[Adopted 4-1-2004 (Title
8, Ch. 3, of the 2004 Code of Ordinances)]
It is the intent of this article to use performance standards
for the regulation of uses to facilitate a more objective and equitable
basis for control and to ensure that the community is adequately protected
from potential hazardous and nuisancelike effects. The standards contained
in this article shall not be applicable to properties zoned agricultural.
This chapter permits specific uses in specific districts, and these
performance standards are designed to limit, restrict and prohibit
the effects of those uses outside their premises or district. No structure,
land or water shall hereafter be used except in compliance with the
district regulations and with the following environmental performance
standards.
No operation or activity shall transmit any noise exceeding
75 dBA from 7:00 a.m. to 11:00 p.m. and 70 dBA from 11:00 p.m. to
7:00 a.m. beyond the property line. The following noises are exempt
from the regulations:
A.
No operation or activity shall transmit any physical vibration that
is above the vibration perception threshold of an individual at or
beyond the property line of the source. "Vibration perception threshold"
means the minimum ground- or structure-borne vibrational motion necessary
to cause a normal person to be aware of the vibration by such direct
means as, but not limited to, sensation by touch or visual observation
of moving objects.
B.
Vibrations not directly under the control of the property user and
vibrations from temporary construction or maintenance activities shall
be exempt from the above standard.
No unsanctioned activity shall emit glare or heat that is visible
or measurable outside its premises, except activities in the industrial
district which may emit direct or sky-reflected glare which shall
not be visible outside their district. All operations producing intense
glare or heat shall be conducted within a completely enclosed building.
Exposed sources of light shall be shielded so as not to be visible
outside their premises.
No operation or activity shall emit any substance or combination
of substances in such quantities that create an objectionable odor
as defined in § NR 429.03, Wisconsin Administrative Code.
All activities involving the manufacturing, utilization, processing
or storage of inflammable and explosive material shall be provided
with adequate safety devices against the hazard of fire and explosion,
and with adequate firefighting and fire-suppression equipment and
devices that are standard in the industry. All materials that range
from active to intense burning shall be manufactured, utilized, processed
and stored only in completely enclosed buildings which have incombustible
exterior walls and an automatic fire extinguishing system.
A.
No operation or activity shall emit into the ambient air from any
direct or portable source any matter that will affect visibility in
excess of the limitations established in Chapter NR 415, Wisconsin
Administrative Code.
B.
No activity or operation shall be established or maintained which
by reason of its nature causes emission of any fly ash, dust, fumes,
vapors, mists or gases in such quantities as to cause soiling or danger
to the health of persons, animals, vegetation or property. In no case
shall any activity emit any liquid or solid particles in concentrations
exceeding 0.3 grains per cubic foot of the conveying gas, nor any
color visible smoke equal to or darker than No. 2 on the Ringlemann
Chart described in the United States Bureau of Mines' Information
Circular 7718 in any industrial district. Fugitive emissions shall
not exceed the ambient standards for respiratorial dust, as established
by the United States Environmental Protection Agency, currently known
as the "PM Standard."
A.
Pollutants. No operation or activity shall emit any hazardous substances
in such a quantity, concentration or duration as to be injurious to
human health or property, and all emissions of hazardous substances
shall not exceed the limitations established in Ch. NR 445, Wis. Adm.
Code.
B.
Liquid or solid wastes. No activity shall discharge at any point
onto any land or into any water or public sewer any materials of such
nature, quantity, noxiousness, toxicity or temperature which can contaminate,
pollute or harm the quantity or quality of any water supply; can cause
the emission of dangerous or offensive elements; can overload the
existing municipal utilities; or can injure or damage persons or property.
No activity shall emit radioactivity or electrical disturbances
outside its premises that are dangerous or adversely affect the use
of neighboring premises.
All waste material, debris, refuse or garbage not disposed of
through the public sanitary sewerage system shall be kept in an enclosed
building or properly contained in a closed container designed for
such purposes. The owner of vacant land shall be responsible for keeping
such land free of refuse.
