[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as Title 11, Ch. 6, of the 1996 Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Town of Koshkonong,
Jefferson County, Wisconsin.
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 § 391-2:
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.
C.
Breeding places for vermin, etc. Accumulations of decayed animal
or vegetable matter (other than composting sites), trash, rubbish,
rotting lumber, bedding, packing material, scrap metal, tires 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 flytight.
F.
Noxious weeds. All noxious weeds and other rank growth of vegetation.
G.
Water pollution. The pollution of any public or private well or cistern,
stream, lake, canal or other body of water or ground water by sewage,
creamery or other wastes or substances.
H.
Noxious odors, etc. Any use of property, substances or things within
the Town or within four miles thereof or causing any foul, offensive,
noisome, nauseous, 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 Town, other than livestock
manure.
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 Town.
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 beyond the limits of the
property in question in such quantities as to endanger the health
of persons of ordinary sensibilities or to threaten or cause substantial
injury to property.
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 § 391-2:
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, other than
state-authorized programs.
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 the ordinances of the Town.
D.
Continuous violation of Town ordinances. Any place or premises within
the Town where Town 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 Town.
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 § 391-2:
A.
Signs, billboards, etc. All signs and 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.
B.
Illegal buildings. All buildings erected, repaired or altered in
violation of the provisions of the ordinances of the Town relating
to materials and manner of construction of buildings and structures
within the Town.
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
or ditch area of the right-of-way less than 10 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 Town.
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, alleys 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 Town.
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 Town 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 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.
N.
Flammable liquids. Repeated or continuous violations of the ordinances
of the Town or laws of the state relating to the storage of flammable
liquids.
O.
Unremoved snow. All snow and ice on public ways or sidewalks not
removed or sprinkled with ashes, sawdust, sand or other chemical removers,
as provided in this Code.
A.
Enforcement. The Town Board, Fire Inspector, Building Inspector and
law enforcement officers 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 Town and that there is great and
immediate danger to the public health, safety, peace, morals or decency,
the Town 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 20 days. If such nuisance is not removed within such 20 days, the proper officer shall cause the nuisance to be removed as provided in Subsection B.
[Amended 3-13-2019 by Ord. No. 1]
D.
Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the Town or its
officials 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 Town
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.
[Added 3-13-2019 by Ord.
No. 1]
Violations of this chapter shall be subject to the penalty provided in § 1-3, General penalty.
