[HISTORY: Adopted by the Village Board of the Village of
Fredonia as Secs. 11-6-1 to 11-6-5, 11-3-9, 10-5-8, 11-6-6 and 11-6-7
of the 1995 Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village of Fredonia.
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.
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 § 397-2:
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 fly-tight.
F.
Noxious weeds. All noxious weeds and other rank growth of vegetation.
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 or within four miles thereof emitting or causing any foul,
offensive, noisome, nauseous, noxious or disagreeable odors, gases,
effluvia or stenches extremely repulsive to the physical senses or
ordinary persons which annoy, discomfort, injure or inconvenience
the health of any appreciable number of persons within the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
I.
Street pollutions. 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.
Animals at large. All animals running at large.
K.
Accumulations of refuse. Accumulations of old cans, lumber, elm firewood
and other refuse.
L.
Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash or industrial dust within the Village limits
or within one mile therefrom in such quantities as to endanger the
health of persons of ordinary sensibilities or to threaten or cause
substantial injury to property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 § 397-2:
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 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 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 Village.
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 § 397-2:
A.
Signs, billboards, etc. All signs and billboards, awnings and other similar structures over or near streets, sidewalks, public peace or safety coming within the definition of § 397-2.
B.
Illegal buildings. All buildings erected, repaired or altered in
violation of the provisions of the ordinances of the Village relating
to materials and manner of construction of buildings and structures
within the Village.
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 a public sidewalk
less than eight 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 Village.
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, alley 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 Village.
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 Village or which,
although made in accordance with such ordinances, are kept or maintained
for an unreasonable or illegal length of time after the purposes 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. No person
shall leave or permit to remain outside of any dwelling, building
or other structure, or within any unoccupied or abandoned building,
dwelling or other structure under his control in a place accessible
to children any abandoned, unattended or discarded ice box, refrigerator
or other container which has an airtight door or lid, snap lock or
other locking device which may not be released from the inside without
first removing said door or lid, snap lock or other locking device
from said ice box, refrigerator or container, unless such container
is displayed for sale on the premises of the owner or his agent and
is securely locked or fastened.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
N.
Flammable liquids. Repeated or continuous violations of the ordinances
of the Village 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.
No person shall store junked or discarded property including
automobiles, automobile parts, trucks, tractors, refrigerators, furnaces,
washing machines, stoves, machinery or machinery parts, wood bricks,
cement blocks, or other unsightly debris which substantially depreciates
property values in the neighborhood except in an enclosure which houses
such property from public view or upon permit issued by the Village
Board. The Building Inspector may require by written order any premises
violating this section to be put in compliance within the time specified
in such order, and if the order is not complied with, may have the
premises put in compliance and the cost thereof assessed as a special
tax against the property.
A.
Storage of automobiles restricted.
(1)
No disassembled, inoperable, unlicensed, junked or wrecked motor
vehicles, truck bodies, tractors, trailer, farm machinery, vehicle
parts or tires, or appliances or construction debris shall be stored
upon private residential property or unenclosed within a building
upon nonresidential property within the Village of Fredonia for a
period exceeding 10 days unless it is in connection with a licensed
junk dealer located in a properly zoned area maintained in such a
manner as to not constitute a public nuisance.
(2)
The enclosure fence required by this section shall be a minimum of
five feet and a maximum of eight feet in height. Such fence shall
be of solid wood construction of a design first approved by the Building
Inspector. No such fence shall be allowed to deteriorate into an unsightly
or hazardous condition; the fence shall be properly painted or stained.
The finished side of the fence shall face the outside of the property.
B.
DISASSEMBLED, INOPERABLE, JUNKED or WRECKED MOTOR VEHICLES,
TRUCK BODIES, TRACTORS, TRAILERS
INOPERABLE APPLIANCE
MOTOR VEHICLE
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS or TRAILERS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Motor vehicles, recreational vehicles, truck bodies, tractors,
farm machinery or trailers in such state of physical or mechanical
ruin as to be incapable of propulsion, being operated upon the public
streets or highways or which is otherwise not in safe or legal condition
for operation on public street or highways due to missing or inoperative
parts, flat or removed tires, expired or missing license plates or
other defects.
Any stove, washer, refrigerator or other appliance which
is no longer operable in the sense for which it was manufactured.
As defined in § 340.01(35), Wis. Stats.
Motor vehicles, truck bodies, tractors, recreational vehicles
or trailers which do not bear lawful current license plates.
C.
Exceptions. This section shall not apply to any motor vehicle or
motor vehicle accessories stored within an enclosed building or on
the premises of a business enterprise operated in a lawful place and
manner in a properly zoned area when necessary to the operation of
a licensed junk dealer, in a storage place or depository maintained
in a lawful place and manner, or seasonal use vehicles such as snowmobiles,
motorcycles, motor scooters and nonmotorized campers, provided such
vehicles are stored in compliance with the ordinances of the Village.
Also excepted are motor vehicles registered pursuant to §§ 341.265
and 341.266, Wis. Stats. In other situations, the Village Board may
issue temporary permits permitting an extension of not to exceed an
additional 30 days' time to comply with this section where exceptional
facts and circumstances warrant such extension.
D.
Enforcement.
(1)
Whenever the Village law enforcement officers shall find any vehicles,
vehicle parts or tires, or appliances, as described herein, placed
or stored in the open upon private property within the Village, they
shall notify the owner of said property on which said vehicle or appliance
is stored of the violation of this section. If said vehicles, part
thereof or appliance is not removed within five days, the Village
law enforcement officer shall cause to be issued a citation to the
property owner or tenant of the property upon which said vehicle or
appliance is stored.
(2)
If such vehicle or appliance is not removed within 20 days after issuance of a citation, Village law enforcement officers shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in §§ 533-3 through 533-6 of this Code by Village law enforcement officer or their duly authorized representative. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle or appliance cannot readily be found, the cost of such removal shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.
A.
Enforcement. The Village Marshal, Director of Public Works, Building
Inspector, the Chief of the Fire Department and the Village Board
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 this section to abate
a public nuisance unless the officer shall have inspected or caused
to be inspected the premises where the nuisance is alleged to exist
and has satisfied himself that a nuisance does in fact exist.
B.
Summary abatement. If the inspecting officer shall determine that
a public nuisance exists within the Village and there is great and
immediate danger to the public health, safety, peace, morals or decency,
the Village President or Village Board, upon the recommendation of
the appropriate department head, may direct the proper officer to
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.
C.
Abatement after notice. If the inspecting officer shall determine that 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 officer shall cause the nuisance to be removed as provided in Subsection B.
D.
Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the Village or
its official in accordance with the laws of the State of Wisconsin.
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 Village
shall be collected as a debt from the owner, occupant or person causing,
permitting or maintaining the nuisance; such cost shall be assessed
against the real estate as a special charge.
