No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City.
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 §
402-2:
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 of death.
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. Privy vaults and garbage cans. Privy vaults and garbage cans which
are not flytight.
F. Noxious weeds. All noxious weeds, rank growth of vegetation, or the
accumulation of unsightly growth and foliage. The Weed Commissioner
shall determine when such unsightly growth and foliage of any nature
is detrimental to the appearance, neatness, or cleanliness of a neighborhood
and shall notify the owner of said property, in writing, that the
accumulation of such unsightly growth and foliage is in violation
of this chapter and give said owner 10 days within which to cut said
accumulation of unsightly growth and foliage, as the case may be.
If at the expiration of said 10 days said owner has not complied with
said order to cut such growth, then the Weed Commissioner can direct
the proper authorities within the government of the City of Reedsburg
to cut such unsightly growth and foliage and notify the property owner
of the same and add the cost of said cutting of weeds to the tax roll
if the same is not paid for in cash.
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 City 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 City.
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 City.
J. Box elder trees. Any box elder tree infected with the box elder bug.
K. Abandoned, wrecked or inoperative motor vehicles.
[Added 7-23-2018 by Ord.
No. 1879-18]
(1) Definitions. As used in this section, the following terms shall have
the meanings indicated:
ABANDONMENT
Whenever any or all of the following conditions exist, a
vehicle shall be deemed to have been abandoned within the meaning
of this chapter:
(a)
Whenever any vehicle has been allowed to remain standing on any public place or on-street parking area for more than 72 hours. This chapter shall not prohibit the enforcement of Chapter
615, Vehicles and Traffic, §
615-10B, concerning alternate side parking. (Chapter
615, Vehicles and Traffic, §
615-12 shall take precedence over this section in all snow emergency cases.)
(b)
When any vehicle has been allowed to remain standing upon any
private property, except when stored in a private garage, in a public
garage or a premises attached thereto, or upon any premises which
shall have been licensed or approved by the Common Council as a junkyard
or auto-wrecking yard, for more than 14 consecutive days or where
such vehicle shall have had its wheels removed or have been raised
off the ground for more than four consecutive days.
(c)
Whenever any vehicle, whether operative or inoperative, shall
have been allowed to stand or remain on any municipal parking lot
or metered area within the City in violation of the parking regulations
thereof for more than a period of 72 hours.
JUNKED VEHICLES
Any vehicle as described above which is inoperative in its
then existing condition.
STANDING
Any vehicle which is not moved at least 30 feet away from
its original space in the areas and time periods described in this
chapter shall be considered to have been standing.
VEHICLE
Any vehicle which is self-propelled, including a motor vehicle
as defined in the Wisconsin Statutes, and also means every device
in, upon, or by which any person or property is or may be transported
and every type of equipment on wheels, including farm machinery.
(2) Abandonment prohibited. No person shall park, store, leave, or permit
the parking, storing, or leaving of any motor vehicle of any kind
that is in an abandoned, wrecked, inoperative, unlicensed, or dismantled
condition upon any private property within the City. This section
shall not apply to any vehicle enclosed within a building on private
property, to any vehicle held in connection with a lawful business
within the City or its extraterritorial area, such as a junkyard,
salvage yard, or auto repair business, or to temporary repair work
that is performed within 24 hours of a vehicle becoming unexpectedly
unroadworthy.
(a)
Notice shall be sent to the property owner or vehicle owner
with an order that the owner shall, within 30 days, make the vehicle
operable and roadworthy and license any vehicle that may not be licensed
or, in the alternative, place such vehicle in an enclosed structure
or remove the vehicle from the property.
(b)
The notice shall further advise the owner that if the nuisance
is not corrected, the vehicle is subject to be towed, stored, and,
if not redeemed, disposed of at owner's expense following a hearing
before the Ordinance Committee.
(c)
A written notice shall be provided to that owner either personally
or by registered mail. All hearings shall be scheduled within a reasonable
time after receipt of the written request.
(d)
Failure to appear at the hearing may be grounds for an immediate towing under the terms of this chapter. If, at the conclusion of the hearing, the Committee finds that there is probable cause to believe that the vehicle is in violation pursuant to the definitions contained in this chapter, a citation provided in Chapter
1, General Provisions, §
1-3 of this Code shall be issued and the vehicle shall be impounded. In the event that the vehicle is impounded, the owner shall remain liable for all towing charges, and these charges shall be assessed over and above the penalties set forth in Chapter
1, §
1-3, if the person is found to be guilty of a violation of this chapter.
(3) Emergency removal. The Chief of Police or any member of the City
Police Department is hereby authorized to remove or to have removed
any vehicle whose location or existence jeopardizes public safety
by either creating an unsafe condition or by significantly hindering
the efficient movement of traffic. Except for preseizure notification
as set forth below, the owner of said vehicle shall be entitled to
all of the rights otherwise set forth in this chapter.
(4) Impounding of abandoned or discarded motor vehicles. The Chief of Police, or any member of the City Police Department, is hereby authorized to remove or to have removed any wrecked, inoperative, junked, dismantled or partially dismantled motor vehicle left at any place within the City of Reedsburg which reasonably appears to be in violation of this section or to be lost, stolen or unclaimed. Such motor vehicle shall be impounded until lawfully claimed or disposed of in accordance with Subsection
K(8) of this section.
(5) Notice and right to preliminary hearing.
(a)
In all nonemergency cases where, by reasonable diligence, the Chief of Police or any member of the City Police Department is able to determine the owner of any abandoned vehicle, a written notice shall be provided to that owner either personally or by registered mail. The notice shall provide that the vehicle will be towed pursuant to the terms of this chapter if a written request for a hearing is not received within 72 hours of receipt of the notice. The request shall be directed to the Chief of Police and shall be served on him or any member of the Police Department, either personally or by registered mail within 72 hours. All hearings shall be scheduled within a reasonable time after receipt of the written request and shall be administered by the City Attorney or one of his or her assistants at such time and place as is designated by that individual. Failure to appear at the hearing shall be grounds for an immediate towing under the terms of this chapter. If, at the conclusion of the hearing, the hearing officer finds that there is probable cause to believe that the vehicle has been abandoned pursuant to the definitions contained in this chapter, a citation under Subsection
K(2) shall be issued and the vehicle shall be impounded, pending final hearing on the above citation. In the event that the vehicle is impounded, the owner shall remain liable for all towing charges as set forth below and these charges shall be assessed over and above the penalties set forth in Subsection
K(9) if the person is found to be guilty of a violation of this chapter.
(b)
The above written request for a hearing shall be either personally
served on the Chief of Police or any representative of the Police
Department or made by certified mail.
(6) If, after employing reasonable diligence, the Chief of Police cannot
determine the owner of the vehicle and the vehicle does not create
a hazard, the vehicle shall be impounded as set forth below and the
Chief of Police shall cause publication of a notice of such impounding
as a Class 2 notice in the official City newspaper. The notice shall
briefly describe the motor vehicle, the location from which it was
removed and set forth the owner's rights to a hearing as set
forth above.
(7) Reclamation. At any time prior to the sale of an impounded motor
vehicle, any person establishing his ownership or right of possession
of the same may pay the Police Department for the storage and towing
thereof along with such other expenses incidental to the care and
maintenance of the same and any other expenses incurred in relation
thereto.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(8) Sale of impounded motor vehicles.
(a)
After any motor vehicle shall have been stored for more than
30 days and the required notices have been given or published and,
where applicable, a hearing has been held in a court of law with respect
to the alleged violation of this section, the Chief of Police shall
sell the same at public auction. Notice of such sale shall be published
in the official City newspaper as a Class 2 notice. The sales notice
may include one or more vehicles. At such sale, the highest bid in
cash for any motor vehicle shall be accepted, unless the same is,
in the judgment of the Chief of Police, inadequate. In the event that
all bids are rejected or no bid at all is received, the Chief of Police
may, in his discretion, either readvertise the sale or adjourn the
same from time to time to a definite date each time, or sell such
motor vehicle at a private sale, or junk the same.
(b)
After deducting the reasonable and necessary expenses incident
to the care and sale of any motor vehicle, the balance of the proceeds
shall be paid to the City Clerk-Treasurer and credited to the general
City fund. The sale of the motor vehicle under the provisions of this
section shall forever bar all prior claims thereto and any interest
therein except as hereafter provided.
(c)
At any time within two years after the sale of a motor vehicle
as provided herein, any person claiming ownership of such motor vehicle
or a financial interest therein may present a claim to the Common
Council of the City of Reedsburg setting forth such facts as are necessary
to establish such ownership or interest. If the Common Council is
satisfied as to the merit of such claim, it may allow the same, but
in no case shall the amount allowed exceed the sum paid to the City
Clerk-Treasurer as a result of the sale of such vehicle nor the amount
of the interest of the claimant therein.
(9) Penalties. Any person who shall violate any provision of this or any order, rule or regulation made hereunder shall be subject to a penalty as provided in Chapter
1, General Provisions, §
1-3, of the Code of the City of Reedsburg.
L. Debris, junk: order to remove and penalties.
[Added 7-23-2018 by Ord.
No. 1879-18]
(1) Whenever City Staff finds that conditions on any premises within
the City create a fire or health hazard or shall find that, by virtue
of any accumulation of unsightly materials, junk or debris of any
nature on any premises or for any other reason, any premises are detrimental
to the appearance, neatness of cleanliness of a neighborhood so as
to tend to depreciate property values therein or create a nuisance
or offend the aesthetic character of the immediate neighborhood or
produce blight or deterioration by reason of such conditions, City
staff may order the owner of said premises to correct any such condition
or to remove therefrom any such unsafe, hazardous or unsightly articles,
material or debris. Examples of junk, refuse, litter, garbage, and
scrap or waste matter shall include, but are not limited to, appliances,
furniture, tires, wood, machinery parts, boats recreational vehicles,
or other unsightly debris that is wrecked, dismantled, partially dismantled,
discarded, or inoperative.
(a)
The order shall specify a time not to exceed 30 days within
which the owner and/or occupant shall comply therewith.
(b)
The order shall further advise the owner that if the nuisance
is not corrected, the debris/junk is subject to be removed and, if
not redeemed, disposed of at owner's expense following a hearing
before the Ordinance Committee.
(c)
A written notice shall be provided to that owner either personally
or by registered mail. All hearings shall be scheduled within a reasonable
time after receipt of the written request.
(d)
Failure to appear at the hearing may be grounds for an immediate towing under the terms of this chapter. If, at the conclusion of the hearing, the Committee finds that there is probable cause to believe that the junk/debris is in violation pursuant to the definitions contained in this chapter, a citation provided in Chapter
1, General Provisions, §
1-3, of the Code of the City of Reedsburg shall be issued and the junk/debris shall be removed. In the event that the junk/debris is removed, the owner shall remain liable for all removal charges and these charges shall be assessed over and above the penalties set forth in §
1-3 if the person is found to be guilty of a violation of this chapter.
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 in §
402-2:
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.
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 City.
D. Continuous violation of City ordinances: any place or premises within
the City where City 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 City.
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 in §
402-2:
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 City relating
to materials and manner of construction of buildings and structures
within the City.
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
their color, location, brilliance or manner of operation interfere
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 of pedestrian crosswalk.
E. Tree limbs. All limbs of trees will be trimmed to a seven-foot height.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F. Dangerous trees. All trees which are a menace to public safety or
are the cause of substantial annoyance to the general public. A tree
whose roots penetrate the public sewer or cause a heaving of the sidewalk
shall be included within this subsection.
G. Fireworks. All use or display of fireworks except as provided by
laws of the State of Wisconsin and ordinances of the City.
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. Obstructions of streets and excavations. All obstructions of streets,
alleys, sidewalks or crosswalks and all excavations in or under the
same, except as permitted by the ordinance of the City 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 do not conform to the permit.
K. Unlawful assembly. Any unauthorized or unlawful use of property abutting
on a public street, alley, or sidewalk or of a public street, alley
or sidewalk which causes large crowds of people to gather, obstructing
traffic and free use of the streets or sidewalks.
L. Keeping of bees. The keeping of more than two hives of bees, the
keeping of bees within 100 feet of any adjoining lot line and/or the
keeping of bees for a commercial purpose.
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 City
shall be collected as a debt from the owner, occupant or person causing,
permitting, or maintaining the nuisance, and if notice to abate the
nuisance has been given to the owner, such cost shall be assessed
against the real estate as a special charge.
[Amended 8-10-2009]
Any person who shall violate any provision of this chapter, §§
402-1 through
402-7, or permit or cause a public nuisance shall be subject to a penalty as provided in Chapter
1, General Provisions, §
1-3, of the Code of the City of Reedsburg.