[HISTORY: Adopted by the Village Board of the Village of
Monticello as Title 8, Ch. 1, of the 1989 Code of Ordinances. Amendments
noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any police officer, whenever it may be considered necessary
or required to protect the public health, may enter any premises and
examine the same to determine any source of filth or cause of sickness
that may exist, and examine the condition and the number of persons
inhabiting such premises, and if in his or her opinion a condition
exists which is such as to endanger the health of residents of the
Village, it shall be considered a nuisance and the officer shall order
the owner or occupant of the premises where such nuisance may be found
to remove or abate the same. Such order to abate the nuisance may
also be served upon the person who may have been the cause of such
nuisance. Any person who after 24 hours has failed to obey the order
shall be subject to a Class 5 forfeiture for every 24 hours such failure
continues. When the owner, occupant or agent of any lot or premises
in or upon which any nuisance may be found, is unknown or cannot be
found, the police officer shall order the removal and abatement of
such nuisance and the cost thereof shall be charged to the property
and collected in the manner provided for the collection of special
charges.
A.Â
Sanitary requirements. All structures, pens, buildings, stables,
coops or yard wherein animals or fowl are kept shall be maintained
in a clean and sanitary condition, free of rodents, vermin and objectionable
odors, and shall only be kept in properly zoned areas.
B.Â
Animals excluded from food handling establishments. No person shall
take or permit to remain any dog, cat or other live animal on or upon
any premise where food is sold, offered for sale or processed for
consumption by the general public.
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
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.
A.Â
The Village Clerk-Treasurer shall annually on or before May 15 publish
as required by state law a notice that every person is required by
law to destroy all noxious weeds on lands in the Village which he
owns, occupies or controls. A joint notice with other towns or municipalities
may be utilized.
B.Â
If the owner or occupant shall neglect to destroy any weeds as required
by such notice, then the Weed Commissioner of the Village 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 of the Wisconsin Statutes. 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.
C.Â
As provided for in § 66.0407, Wis. Stats., the Village
shall require that all noxious weeds shall be destroyed prior to the
time in which such plants would mature to the bloom or flower state.
The growth of noxious weeds in excess of eight inches in height from
the ground surface shall be prohibited within the Village corporate
limits. Noxious weeds shall include any plant or plant product that
can directly or indirectly injure or cause damage to crops (including
nursery stock or plant products), livestock, poultry or other interests
or agriculture, irrigation, navigation, the natural resources of the
United States, the public health or the environment.
[Amended 9-20-2017 by Ord. No. 2017-0920]
(1)Â
Noxious weeds, as defined in this section and in § 220-7, shall include but not be limited to the following:
(a)Â
Canada Thistle (Cirsium arvense).
(b)Â
Common Ragweed (Ambrosia artemisiifolia).
(c)Â
Great Ragweed (Ambrosia trifida).
(d)Â
Leafy Spurge (Euphorbia esula).
(e)Â
Creeping Jenny, Field Bind Weed (Convolvulus arvensis).
(f)Â
Goat's Beard (Tragopogon dubius).
(g)Â
Poison Ivy (Rhus radicans).
(h)Â
Bull Thistle (Cirsium vulgaries).
(i)Â
Wild Parsnip (Pastinaca sativa).
(j)Â
Burdock (Arctium minus).
(k)Â
Cocklebur (Xanthium strumarium).
(l)Â
Pigweed (Amaranthus retroflexus).
(m)Â
Common Lambsquarter (Chenopodium album).
(n)Â
Curled Dock (Rumex crispus).
(o)Â
Hemp (Cannabis sativa).
(p)Â
English Plantain (Plantago lancellata).
A.Â
Natural lawns defined. Natural lawn as used in this section shall include common species of grass and wild flowers native to North America which are designed and purposely cultivated to exceed eight inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 220-5 of this chapter. The growth of a natural lawn in excess of eight inches in height from the ground surface shall be prohibited within the Village corporate limits unless a natural lawn management plan is approved and a permit is issued by the Village as set forth in this section. Natural lawns shall not contain litter or debris and shall not harbor undesirable wildlife.
B.Â
Natural lawn management plan defined.
(1)Â
"Natural lawn management plan" as used in this section shall mean
a written plan relating to the management and maintenance of a lawn
which contains a legal description of lawn upon which the planted
grass will exceed eight inches in length, a statement of intent and
purpose for the lawn, a detailed description of the vegetational types,
plants and plant succession involved, and the specific management
and maintenance techniques to be employed.
(2)Â
Property owners who wish to plant and cultivate a natural lawn must
submit their written plan and related information on the form provided
by the Village. "Property owner" shall be defined to include the legal
title holder and/or the beneficial owner of any such lot according
to most current Village records. Natural lawn management plans shall
only indicate the planting and cultivating of natural lawns on property
legally owned by the property owner. Applicants are strictly prohibited
from developing a natural lawn on any Village-owned property including
street rights-of-way. This shall include at a minimum property located
between the sidewalk and the street or a strip not less than 10 feet
adjacent to the street where there is no sidewalk whether the area
is under public or private ownership. In addition, natural lawns shall
not be permitted within 10 feet of the abutting property owner's
property unless waived in writing by the abutting property owner on
the side so affected. Such waiver is to be affixed to the natural
lawn management plan.
(3)Â
Any subsequent property owner who abuts an approved natural lawn
may revoke the waiver thereby requiring the owner of the natural lawn
to remove the natural lawn that is located in the ten-foot section
abutting the neighboring property owner. Such revocation shall be
put in writing and presented to the Village Clerk-Treasurer by the
subsequent abutting property owner. Upon receiving the written request
to revoke the original waiver, the Village Board shall contact the
owner of the approved natural lawn and direct the owner to remove
the natural lawn located in the ten-foot section abutting the neighboring
property owner. The Village Board shall revise the approved natural
lawn management permit accordingly. The owner of the approved natural
lawn shall be required to remove the ten-foot section abutting the
neighboring property owner within 20 days of receipt of the written
notification from the Village provided the notification is received
sometime between May 1 and November 1. Property owners who receive
notification from the Village between November 1 and April 30 shall
be required to remove the ten-foot section abutting the neighboring
property owner no later than May 20 following receipt of the notification.
C.Â
Application process.
(1)Â
Property owners interested in applying for permission to establish
a natural lawn shall obtain and complete an application form available
from the Village Clerk-Treasurer. The completed application shall
include a natural lawn management plan. Upon submitting a completed
application, a nonrefundable filing fee as from time to time determined
by resolution of the Village Board will be assessed. Upon receiving
payment, copies of the completed application shall be mailed by the
Village to each of the owners of record, as listed in the Office of
the Village Assessor, who are owners of the property situated wholly
or in part within 300 feet of the boundaries of the properties for
which the application is made. If within 15 calendar days of mailing
the copies of the complete application to the neighboring property
owners the Village receives written objections from 51% or more of
the neighboring property owners, the Village Clerk-Treasurer shall
immediately deny the application. Neighboring property owners shall
be defined as all those property owners who are located within 300
feet of the proposed natural lawn site.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)Â
If the property owner's application is in full compliance with
the natural lawn management plan requirements and less than 51% of
the neighboring property owners provide written objections, the Village
Clerk-Treasurer shall issue permission to install a natural lawn.
D.Â
Application for appeal. The property owner may appeal the Clerk-Treasurer's
decision to deny the natural lawn permit request to the Village Board
at an open meeting. All applications for appeal shall be submitted
within 15 calendar days of the notice of denial of the natural lawn
management plan. The decision rendered by the Village Board shall
be final and binding.
E.Â
Safety precautions for natural grass areas.
(1)Â
When, in the opinion of the Fire Chief, the presence of a natural
lawn may constitute a fire or safety hazard due to weather and/or
other conditions, the Fire Chief may order the cutting of natural
lawns to a safe condition. As a condition of receiving approval of
the natural lawn permit, the property owner shall be required to cut
the natural lawn within the three days upon receiving written direction
from the Fire Chief.
(2)Â
Natural lawns shall not be removed through the process of burning
unless stated and approved as one of the management and maintenance
techniques in the lawn management plan. The Fire Chief shall review
all requests to burn natural lawns and shall determine if circumstances
are correct and all applicable requirements have been fulfilled to ensure
public safety. Burning of natural lawns shall be strictly prohibited
unless a written permit to burn is issued by the Fire Chief. The Fire
Chief shall establish a written list of requirements for considering
each request to burn natural lawns, thereby ensuring the public safety.
In addition, the property owner requesting permission to burn the
natural lawn shall produce evidence of property damage and liability
insurance identifying the Village as a party insured. A minimum amount
of acceptable insurance shall be $500,000.
F.Â
Revocation of an approved natural lawn management plan permit. The
Village President, upon the recommendation of the Weed Commissioner,
shall have the authority to revoke an approved natural lawn management
plan permit if the owner fails to maintain the natural lawn or comply
with the provisions set forth in this section. Notice of intent to
revoke an approved natural lawn management plan permit shall be appealable
to the Village Board. All applications for appeal shall be submitted
within 15 calendar days of receipt of the written notice of intent
to revoke the approved natural lawn management plan. Failure to file
an application for appeal within the 15 calendar days shall result
in the revoking of the natural lawn management plan permit. All written
applications for appeal filed within the fifteen-calendar day requirement
shall be reviewed by the Village Board in an open meeting. The decision
rendered by the Village Board shall be final and binding.
G.Â
Public nuisance defined; abatement after notice.
(1)Â
The growth of a natural lawn as defined in this section shall be
considered a public nuisance unless a natural lawn management plan
has been filed and approved and a permit issued by the Village as
set forth in this section. Violators shall be served with a notice
of public nuisance by certified mail to the last-known mailing address
of the property owner.
(2)Â
If the person so served with a notice of public nuisance violation
does not abate the nuisance within 10 days, the Enforcement Officer
may proceed to abate such nuisance, keeping an account of the expense
of the abatement, and such expense shall be charged to and paid by
such property owner. Notice of the bill for abatement of the public
nuisance shall be mailed to the owner of the premises and shall be
payable within 10 calendar days from receipt thereof. Within 60 days
after such costs and expenses are incurred and remain unpaid, the
Village Clerk-Treasurer shall enter those charges onto the tax roll
as a special charge as provided by state statute.
(3)Â
The failure of the Village Clerk-Treasurer to record such claim or
to mail such notice or the failure of the owner to receive such notice
shall not affect the right to place the Village expense on the tax
rolls for unpaid bills for abating the public nuisance as provided
for in this section.
H.Â
Penalty.
(1)Â
Any person, firm or corporation which does not abate the nuisance within the required time period or who otherwise violates the provisions of this section shall be subject to the general penalty found in § 1-6.
(2)Â
In addition to any penalties herein provided, the Village may issue
stop-work orders upon owners of lots where work is unfinished under
a previously issued building permit for any violation of this section.
[Amended by Ord. No. 2014-0604A]
A.Â
Purpose. This section is adopted due to the unique nature of the
problems associated with lawns, grasses and noxious weeds being allowed
to grow to excessive length in the Village of Monticello.
B.Â
Public nuisance declared. The Village Board finds that lawns, grasses and noxious weeds on lots or parcels of land which exceed eight inches in length adversely affect the public health and safety of the public in that they tend to emit pollen and other discomforting bits of plants, constitute a fire hazard and a safety hazard in that debris can be hidden in the grass, interferes with the public convenience and adversely affects property values of other land within the Village. For that reason, any lawn, grass or weed on a lot or other parcel of land which exceeds eight inches in length is hereby declared to be a public nuisance, except for property located in a designated floodplain area and/or wetland area or where the lawn, grass or weed is part of a natural lawn approved pursuant to § 220-6 above.
C.Â
Nuisances prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsection B above to remain on any premises owned or controlled by him within the Village.
D.Â
Inspection. The Weed Commissioner or his designee shall inspect or cause to be inspected all premises and places within the Village to determine whether any public nuisance as defined in Subsection B above exists.
E.Â
Abatement of nuisance.
(2)Â
The notice shall be served at least five days prior to action by
the Village and shall be mailed or served on the owner of the lot
or parcel of land or, if owner is not known and there is a tenant
occupying the property, then to the tenant.
(3)Â
If a property owner has received at least one written notice pursuant
to this section during an April 1 through October 30 period, and has
permitted a lawn, grass or weed on a parcel or lot to exceed eight
inches in height, then the Weed Commissioner may cause the lawn, grass
or weed to be cut without further notice.
F.Â
Village's option to abate nuisance. In any case where the owner,
occupant or person in charge of the property shall fail to cut his
lawn, grass or weeds as set forth above, then, and in that event,
the Village may elect to cut said lawn, grass or weeds as follows:
(1)Â
The written notice required in Subsection E shall inform said person that in the event of his failure to abate the nuisance within the prescribed time, the Village shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.
(2)Â
The Village shall cut or cause to be cut all grass and weeds from
the subject's property and shall charge the expenses of so doing
at a rate as established by resolution by the Village Board. The charges
shall be set forth in a statement to the Village Clerk-Treasurer who,
in turn, shall mail the same to the owner, occupant or person in charge
of the subject premises. If said statement is not paid in full within
30 days thereafter, the Village Clerk-Treasurer shall enter the charges
in the tax roll as a special charge against said lot or parcel of
land, and the same shall be collected in all respects like other taxes
upon real estate, or as provided under § 66.0709, Wisconsin
Statutes.
G.Â
Remedy from notice. Any person affected by a notice issued pursuant to Subsection E of this section may, within one day of service of the notice, apply to the circuit court for an order restraining the Village from abating or removing the nuisance, or be forever barred. The court shall determine the reasonableness of the order for abatement of the nuisance.
H.Â
Violation, penalty. Issue a citation or complaint in county court for failure to abate the public nuisance. In addition to the penalties provided in this chapter, any person who shall violate any provision of this chapter or permit or cause a public nuisance shall be subject to a penalty as provided in § 1-6 of this Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Added 8-18-2010 by Ord.
No. 2010-0818]
A.Â
Intent. The Village Board of the Village of Monticello declares that
the intent of this section is:
(1)Â
It is in the interests of the health safety and welfare of the community
to adopt by reference § 101.123, Wis. Stats., known as the
Clean Indoor Air Act, and subsequent amendments, additions and codification.
(2)Â
It is the intent of the Village Board that where there may be a conflict between § 101.123, Wis. Stats., and § 220-7, that the section most restrictive of smoking and tobacco use shall apply.
(3)Â
To educate citizens affected by this section and to assist owners,
operators and managers of affected facilities in maintaining compliance.
B.Â
ADULT DAY-CARE FACILITY
ASSISTED LIVING FACILITY
CHILD-CARE FACILITY
EDUCATIONAL FACILITIES
EMPLOYER
ENCLOSED AREA
HEALTH CARE FACILITY
OFFICE
PLACE OF EMPLOYMENT
PUBLIC PLACE
RESTAURANT
RETAIL ESTABLISHMENT
RETAIL TOBACCO STORE
SCREEN
SHOPPING MALL
SMOKING
SMOKING PARAPHERNALIA
TAVERN
Definitions. For the purposes of this section, the following terms
have the meaning indicated:
Any facility as defined in § 49.45(47)(a), Wis.
Stats.
A community-based residential facility, as defined in § 50.01(1g),
Wis. Stats., a residential care apartment complex, as defined in § 50.01(6)(d),
Wis. Stats., or an adult family home, as defined in § 50.01(1)(b),
Wis. Stats.
Any facility as defined in § 49.136(1) (ad), Wis.
Stats.
Any building used principally for educational purposes in
which a school is located or a course of instruction or training program
is offered that is approved or licensed by a governmental entity or
national educational accreditation organization.
A person, business, partnership, association, corporation,
trust, nonprofit entity or other public or private entity that employs
one or more persons.
All space between a floor and a ceiling that is bounded by
walls, doors, or windows, whether open or closed, covering more than
50% of the combined surface area of the vertical planes constituting
the perimeter of the area. A wall includes any retractable divider,
garage door, or other physical barrier, whether temporary or permanent.
A 0.011 gauge screen with an 18-by-16 mesh count is not a wall.
An office, institution and in general, any location at which
medicine is practiced regularly. Medical facilities range from small
clinics and doctor's offices to urgent care centers and hospitals
with emergency rooms and trauma centers.
Any area that serves as a place of work at which the principal
activities consist of professional, clerical or administrative services.
An area as defined in § 101.01(11), Wis. Stats., including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, stairs, elevators, medical facilities, and auditoriums. "Place of employment" does not include a private residence unless it is used as a child-care facility, adult-care facility, health care facility or home-based business of any kind open to the public. "Place of employment" does not include any of the areas described in Subsection D of this section.
Any place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited, including, but not limited to, the public places listed in Subsection C of this section. A private residence is not a "public place" unless it is used as a child-care, adult-care, health care facility or home-based business of any kind open to the public. "Public place" does not include the areas described in Subsection D of this section.
An establishment as defined in § 97.01(14g), Wis.
Stats.
Any store or shop in which retail sales is the principal
business conducted.
A retail establishment that does not have a "Class B" intoxicating
liquor license or a Class "B" fermented malt beverages license and
that generates 75% or more of its gross annual income from the retail
sale of tobacco products and accessories.
A window or door insertion of framed wire or plastic mesh
used to keep out insects and permit air flow.
An enclosed public walkway or hall area that connects retail,
service or professional establishments.
Inhaling, exhaling, burning, or carrying any lighted cigar,
cigarette or other lighted tobacco product in any manner or in any
form.
Ashtrays or similar containers intended for the deposit of
tobacco ash, cigarettes, cigars or other tobacco products.
An establishment, other than a restaurant, that holds a "Class
B" intoxicating liquor license or a Class "B" fermented malt beverage
license.
C.Â
Smoking prohibited.
(1)Â
Smoking shall be prohibited in all enclosed areas of public places
and places of employment within the Village of Monticello, including,
but not limited to, the following places:
(a)Â
Adult day-care facilities.
(b)Â
Aquariums, galleries, libraries, and museums.
(c)Â
Areas in buildings occupied by businesses and nonprofit entities
where the general public and employees are invited or permitted such
as offices, banks and laundromats.
(d)Â
Bars, taverns, nightclubs, and cocktail lounges.
(e)Â
Child-care facilities.
(f)Â
Village-owned or occupied buildings.
(g)Â
Village-owned or leased vehicles.
(h)Â
Convention facilities.
(i)Â
Educational facilities, including all premises owned, rented
by or under the control of a school board.
(j)Â
Elevators.
(k)Â
Facilities primarily used for exhibiting a motion picture, stage
drama, lecture, musical recital, or other similar performance, except
performances when smoking is part of a stage production and so noticed
in the program.
(l)Â
Health care facilities, including waiting rooms, hallways, and
rooms in offices of any physician, dentist, psychologist, chiropractor,
optometrist, optician, or other medical service provider.
(m)Â
Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes,
and other multiple-unit residential facilities.
(n)Â
Meeting and conference rooms in which people gather for educational,
business, professional, union, governmental, recreational, political,
or social purposes.
(o)Â
Polling places.
(p)Â
Public and private meeting facilities.
(q)Â
Restaurants and retail food production and marketing establishments.
(r)Â
Restrooms, lobbies, reception areas, hallways, and other common
areas which are used by or open to the public or employees.
(s)Â
Retail establishments.
(t)Â
Shopping malls.
(u)Â
Public transportation facilities, including taxicabs and motor
buses.
(2)Â
Smoking shall be prohibited in concession areas of restaurants, service
lines, outdoor areas where food and/or beverages are served or consumed,
outdoor seating structures such as stadiums, bleachers, or outdoor
auditoriums for spectators at sports events, outdoor theaters, amphitheaters,
arenas or similar areas used by spectators at other public events.
D.Â
Exceptions.
(1)Â
Notwithstanding any other provision of this section to the contrary, the following areas shall be exempt from the provisions of Subsection C.
(a)Â
Private residences, except when a residence is in use as a licensed
child-care facility, adult-day care facility, health care facility
or home-based business of any kind open to the public.
(b)Â
A room used by only one person in an assisted living facility
as his or her residence.
(c)Â
A room in an assisted living facility in which two or more persons
reside if every person who lives in that room smokes and each of those
persons has made a written request to the person in charge of the
assisted living facility to be placed in a room where smoking is allowed.
(d)Â
A retail tobacco store that is in existence on June 3, 2009,
and in which only the smoking of cigars and pipes is allowed.
(2)Â
Pursuant to § 101.123(4m), Wis. Stats., nothing in this
section shall prohibit a person in charge of a restaurant, tavern,
private club, or retail establishment from designating an outside
area that is a reasonable distance from any entrance to the restaurant,
tavern, private club or retail establishment where customers, employees,
or persons associated with the restaurant, tavern, private club or
retail establishment may smoke.
E.Â
Declaration of nonsmoking.
(1)Â
Notwithstanding any other provision of this section, an owner, operator,
manager, or other person in control of premises other than places
of employment or public places may declare the entire premises, including
outdoor areas, smoke-free.
F.Â
Signs.
(1)Â
The owner, proprietor, manager or other person having control of
a place where smoking is prohibited under this section shall post,
in a conspicuous place at every building entrance, a sign in conformity
with § 101.123(6), Wis. Stats., indicating that smoking
is prohibited.
(2)Â
Signs posted in accordance with this section shall be posted in such
a manner that the public has reasonable notice of the prohibition
of smoking and must be posted at any time the establishment is open
for business.
(3)Â
It shall be unlawful for an owner, proprietor, manager or other person
having control of an establishment to fail to comply with the signage
requirements of this subsection.
(4)Â
It shall be unlawful for any person to remove, deface or destroy
any sign required by this subsection, or to smoke in any place where
any such sign is posted.
G.Â
Enforcement.
(1)Â
Any owner, manager, operator or employee of an establishment regulated
by this section shall inform persons violating this section of that
fact and shall ask any person who smokes in areas where smoking is
prohibited to refrain from smoking. If the person does not refrain
from smoking after being requested to do so, the owner, manager, operator
or employee shall ask the person to leave the premises. If the person
continues to smoke and refuses to leave, the owner, manager, operator
or employee of the establishment shall notify the Police Department
of the person's refusal to leave or stop smoking.
(2)Â
The owner, operator, manager or other person having control of any
establishment regulated by this section shall remove all ashtrays
and other smoking paraphernalia from any area where smoking is prohibited
by this section.
(3)Â
The Police Department shall verify compliance with this section.
H.Â
Violations and penalties.
(1)Â
A person who smokes in an area where smoking is prohibited by this section shall, upon conviction for the violation, be subject to a penalty as provided in § 1-6 of this Code in addition to those provided by § 101.123 Wis. Stats.
(2)Â
A person who owns, manages, operates, or otherwise controls a public place or place of private employment and who fails to comply with the provisions of this section shall, upon conviction of the violation, be subject to a penalty as provided in § 1-6 of this Code.
(3)Â
Each day in which a violation of this section occurs shall be considered
a separate and distinct violation.
I.Â
Other applicable laws. This section shall not be construed to permit
smoking where it is otherwise restricted by other applicable laws
but shall be liberally construed so as to further the intent and purposes
of this section.