Where no provision is made herein defining what are nuisances and how the same may be removed, abated or prevented, those offenses which are known to the common law of the land and the statutes of the State of Wisconsin as "nuisances" may, in case the same exist within the Village limits, be treated as such and proceeded against as is provided in § 304-3 hereof, or in accordance with other provisions of law.
[HISTORY: Adopted by the Village Board of the Village of Hales Corners as §§ 15.01 to 15.04 and 15.11 of the Municipal Code. Amendments noted where applicable.]
Whenever any nuisance defined under this section shall be found within the Village, the Health Officer, police officer or any Trustee may, in his discretion, cause the same to be summarily abated in such manner as he may direct.
A.
It shall be unlawful within the Village to:
(1)
Spitting. Spit, expectorate or deposit any sputum, spittle, saliva, phlegm, mucus, tobacco juice or wads of tobacco upon the floor or stairways of any part of any theater, public hall or building, or upon the floor or any part of any public conveyance, or upon any public thoroughfare.
(2)
Articles which occasion a nuisance. Bring into the Village or keep therein for sale or otherwise, either for food or for any other purpose or purposes whatever, any animal, dead or alive, matter, substance or thing which shall be or which shall occasion a nuisance in said Village, or which shall be dangerous or detrimental to health.
(3)
Sale of unwashed fabrics. Sell or offer for sale any rags, fabrics or wearing apparel, except in a thoroughly clean condition.
(4)
Noise. Conduct a business between 8:00 p.m. and 6:00 a.m. in a manner as to cause or to permit any loud or sharp noises or concussion, except under a permit from the Village Board. Such permits shall be issued by the Village Board only when it appears to the Board's satisfaction that the conduct of such business between said hours will not be injurious to the health of those residing in the vicinity of the place where such business is conducted; provided, however, that the Village Board may grant such permit when it appears to the Board's satisfaction that the work proposed during the hours prohibited is necessary for the public welfare.
[Amended 8-26-2019 by Ord. No. 19-05]
(5)
Dumping. Place, throw or leave any slops, dirty water or other liquid of offensive smell, or otherwise nauseous or unwholesome, or any dead carcass, carrion, meat, fish, entrails, manure or other nauseous or unwholesome matter or substance, or any rubbish, ashes, paper, dirt, stones, bricks, tin cans, boxes, barrels or substance whatsoever, or drain or pour or permit to drain or flow nauseous or unwholesome fluid, oil, kerosene, benzene or other similar oil or oily substance or liquid, in or upon a public place or thoroughfare, or upon any lot or land of another within the Village.
(6)
Manufacture, distribution, dispensing, and possession of controlled substances. Manufacture, distribution, dispensing, or possession of a controlled substance or any related offense as set forth in the Wisconsin Statutes, Chapter 961, Uniform Controlled Substances Act, as amended from time to time. Manufacture, distribution, dispensing, or possession of a controlled substance or any related offense as set forth in the Wisconsin Statutes, Chapter 961, Uniform Controlled Substances Act, as amended from time to time, is hereby declared to be a public nuisance.
[Added 7-28-2021 by Ord. No. 21-05]
B.
Outdoor wood furnaces. Notwithstanding anything to the contrary set forth in this section or this Code, no person shall construct, install, operate or use or suffer to construct, install, operate or use an or any outdoor wood furnace to provide heat to any building or structure or equipment upon any property in the Village.[1]
[Added 5-9-2005 by Ord. No. 05-07]
A.
Whenever any nuisance defined under this section shall be found within the Village, the Health Officer, police officer or any Trustee may cause the same to be abated in such manner as he may direct. However, it shall be the duty of the enforcing official first to give notice, in writing, to the person owning, occupying or in charge or control of any premises wherein such public nuisance shall be to abate and remove the same at his own expense, within such reasonable time as the enforcing official shall direct. Anyone causing or permitting any nuisance specified in this section shall not be subject to penalty until the expiration of the time specified in such notice. It shall be unlawful within the Village to:
(1)
Buildings, etc, which emit offensive odors. Maintain any gas plant factory, yard, storehouse, building or structure of any kind, tallow or chandler's shop, soap factory, tannery, distillery, livery stable, cattle yard, shed, barn, packing house, slaughterhouse, rendering establishment, coal pile, rubbish accumulation, stagnant pool, sinkhole, or other thing which shall become noxious, foul or offensive, or which shall emit foul or offensive odors, gases, effluvia or stenches, or which shall be dangerous or prejudicial to the public health.
(2)
Certain public garages. Maintain any public garage, used car lot, automobile service station, parking lot or space which shall become noxious, foul, offensive or dangerous and prejudicial to public health or which shall seriously or permanently interfere with life or safety by the testing or running of gasoline engines at various speeds, backfire or the emitting of smoke and gases, odors of gasoline or oils or the stirring up of dusts and dirt.
(3)
Location of tanneries. Erect or maintain a tannery in any location within the Village which is within six blocks of a public or parochial school within said Village or in any location where the majority of the buildings within a radius of six blocks are devoted to residential purposes.
(4)
Cutting of weeds causing hay fever. Permit the pollination of any grasses or weeds which cause or produce hay fever in human beings. In order to prevent such pollination, none of the following grasses and no weeds of any kind shall be permitted to grow or stand more than one foot high on any premises: meadow grass (poa annua), bull grass (paspalm vasyanum), Bermuda grass (capriola dectylon), smut grass (sporabulus angustus), Johnson grass (andropogen halapense), feather grass (leptochloa filiformia), foxtail grass (chaetochloa glauca) and cockspur grass (panicum crus-galli).
(5)
Breeding place for flies. Maintain on any premises any accumulation of rubbish, filth or material of any kind whatsoever that is or is likely to become a medium for the development of fly larvae, or is likely to become a breeding place for flies.
(6)
Breeding place for rats. Maintain on any premises any accumulation of rubbish, filth or material of any kind whatsoever that is or is likely to become a breeding place for rats.
(7)
Effluvia in public ditches. Construct or maintain any private septic system which shall emit effluvia, feces, noxious matter or any liquid of offensive smell into any drainage ditch along any public street or highway, or any drainage ditch wherein the public has an easement through which natural surface water drains.
(8)
Water in public ditches. Construct or maintain any private water system, well, rain drainage or any drain-tile system which shall emit water into any abutting or neighboring property.[1] Water may be discharged into a drainage ditch or where the Village has an easement through which natural surface water drains, provided that the discharge pipe is terminated at the street or right-of-way line. If water is discharged onto a state or county highway right-of-way, a permit shall first be obtained from the appropriate agency.[2]
B.
If any person neglects or refuses to abate the public nuisance in accordance with the written notice provided under Subsection A, such person shall be chargeable with the expense which may be incurred in the removal thereof, to be collected by suit or otherwise, in addition to the penalty provided.
A.
Certain trees and storage of cut elm wood prohibited. The planting, preserving and maintaining of cottonwood or other trees which are injurious and detrimental to the health of the community and all such other trees as may be liable to fall upon any sidewalk, street or building near to such tree or which are hazardous or may result in injury to person or property because of a defective or diseased condition, or contagiously diseased trees or the storage of cut elm wood, unless debarked, shall be deemed public nuisances and are prohibited.
B.
Examination and notice. The Director of Public Works may examine all trees, alive or dead, standing or fallen, and logwood piles, for the purpose of determining whether the same are contagiously diseased. Such examination shall include the right to take samples from such trees and logwood piles for laboratory testing purposes. The Director of Public Works shall give notice to the owner or owners of land in the Village whereon there are situated any trees, or tree conditions existing, or cut elm wood, unless debarked, declared by said Director to be a public nuisance, and which are not maintained by the Village, to remove, prune or spray or cause the same to be removed, pruned or sprayed within 10 days, except that when said notice applies to the removal, pruning or spraying of elm trees, such shall be done within five days. The Director of Public Works, if such notice is not complied with, shall cause such trees or cut elm wood, unless debarked, to be removed, pruned or sprayed at the expense of the owner of the land whereon the same stand, and if such owner or his agent cannot be found in this Village, such trees may be removed, pruned or sprayed by said Director of Public Works at the expense of the owner of such land without notice.[1]
[Amended 7-25-2022 by Ord. No. 22-06]
Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in § 1-4 of this Code. Notwithstanding the foregoing, any individual who violates § 304-2A(6) shall be subject to a forfeiture of not more than $1,000, together with costs of prosecution, in addition to the provisions contained in § 1-4 of this Code.