[Adopted as Secs. 9.01 and 9.02 of the Codification]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village of Whitefish
Bay.
[Amended by Ord. No. 1131; Ord. No. 1180; Ord. No. 1399]
A.
Public
nuisance. A public nuisance is a thing, act, occupation, condition
or use of property, which shall continue for such length of time as
to:
(1)
Substantially annoy, injure or endanger the comfort, health, repose
or safety of the public.
(2)
In any way render the public insecure in life or in the use of property.
(3)
Greatly offend the public morals or decency.
(4)
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.
B.
Public nuisances affecting health. The following acts, omission, 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 Subsection A of this section.
(1)
All decayed, harmfully adulterated or unwholesome food or drink sold
or offered for sale to the public.
(2)
Carcasses of animals, birds or fowl not intended for human consumption
or food which are not buried or otherwise disposed of in a sanitary
manner within 24 hours of death.
(3)
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.
(4)
All stagnant water in which mosquitoes, flies or other insects can
multiply.
(5)
All noxious weeds and other rank growth of vegetation.
(6)
The escape of smoke, soot, cinders, noxious acids, fumes, gases,
fly ash, industrial dust or other atmospheric pollutants within the
Village limits in such quantities as to endanger the health of persons
of ordinary sensibilities or to threaten or cause substantial injury
to property in the Village. Nothing herein contained shall prohibit
the emission of dense smoke for a period not to exceed five minutes
in any one hour from public buildings, schools, apartments, churches,
industrial or commercial buildings, and for a period not to exceed
three minutes in any one hour from one- and two-family residences.
Dense smoke shall be construed as smoke which is of a degree of density
of number three of the Ringelmann scale or which is too dense to be
seen through when viewed directly over top of stack or chimney.
(7)
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.
(8)
Any use of property, substances or things within the Village of Whitefish
Bay emitting 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 Village.
(9)
All cisterns, wells and excavations not securely covered or secured
from public use.
(10)
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.
C.
Public nuisances offending morals and decency. 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 Subsection A of this section:
(1)
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.
(2)
All gambling devices and slot machines.
(3)
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.
(4)
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.
(5)
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.
D.
Public nuisances affecting peace and safety. The following acts, omissions, places, conditions and things are hereby declared to be a public nuisances affecting peace and safety, but such enumeration shall not be construed to exclude other nuisances affecting public peace of safety coming within the provisions of Subsection A of this section.
(1)
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.
(2)
All buildings erected, repaired or altered within the fire limits
of the Village in violation of the provisions of the ordinances of
the Village and state statutes, relating to materials and manner of
construction of buildings and structures within said district.
(3)
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 device,
sign or signal.
(4)
Sight triangle.
(a)
No tree, hedge, bush, shrub, fence, wall or windbreak which shall
restrict or materially interfere with or prevent pedestrian, bicycle
or vehicular traffic from the observation of the cross street, alley
or sidewalk shall be constructed, planted or maintained at street
intersections, within a triangle commencing at a point of intersecting
curblines extended and measured from that point 35 feet along each
curbline. When an alley crosses a sidewalk within a triangle commencing
at the point where the edge of the sidewalk adjacent to the property
line meets the surfaced edge of the alley and measured from that point
10 feet along the sidewalk and 10 feet along the alley; except that
any planting or structure less than 42 inches in height or any tree,
bush or shrub having its lowest branch more than 10 feet in height,
measured, in both cases, from the level of the adjacent public sidewalk
or alley, shall not be prohibited by this section; and except that
this section is not intended to apply to areas beyond the established
setback along any street or alley.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
(b)
The Chief of Police, after giving consideration to all factors which
exist at the location involved, shall determine whether the observation
of the cross street, alley or sidewalk is so restricted by any tree,
hedge, bush, shrub, fence, wall or windbreak located in the area of
such triangles herein described that a significant hazard exists,
and he shall report any such hazard to the Village Manager.
(c)
The Village Manager, after review and endorsement of the determination
of the Chief of Police, shall notify each property owner by mail of
the hazard reported to him and give each property owner a thirty-day
period to remove such hazard.
(d)
Any property owner aggrieved by such notice may request a hearing
before the Board of Appeals by making such request in writing to the
Village Manager within 15 days after the date of such notice. Such
Board of Appeals shall hear said matter as provided in appeals from
the decision of an administrative officer [§ 62.23(7)(e)
Wisconsin Statutes], and shall view the premises involved and shall
determine that said plantings or structure:
(e)
An appeal to the Board of Appeals, as provided in Subsection D(4)(d) hereof, shall stay the enforcement of this section until 30 days following the decision of the Board of Appeals unless a longer period is allowed by said decision.
(f)
Any person or persons, including the Village Board, aggrieved by
the decision of the Board of Appeals, may petition the Circuit Court
of Milwaukee County, Wisconsin, within 30 days after the decision
of the Board of Appeals, for certiorari as provided in § 62.23(7)(e)(10),
Wisconsin Statutes, and upon the filing of said petition, the enforcement
of this section shall be stayed pending the decision of the Circuit
Court.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
(g)
In each situation where the property owner fails to comply with the
provisions of this section, either within the thirty-day period designated
by the notice from the Village Manager, or where an appeal is taken,
within 30 days after the decision of the Board of Appeals, the Village
Manager is empowered to order Village personnel to modify or remove
the plantings or structure in the interests of public welfare and
safety.
(h)
The costs of such modifications or removal shall be billed and collected
from the owner of said property, and if said costs are not paid within
30 days after billing, then said costs shall be reported to the Village
Clerk-Treasurer, who shall enter the amount against the respective
real estate in the next and subsequent tax roll and as a special assessment
against said real estate and the same shall be collected in all respects
like other Village taxes upon real estate.
[Added by Ord. No. 1403]
(5)
All limbs of trees and branches/bushes and shrubs which project over
and less than 14 feet above the surface of a public sidewalk or street
or less than 10 feet above any sidewalk or other public place.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
(6)
All use or display of fireworks except as provided by the ordinances
of the Village; provided, however, that all fireworks of any kind
or nature whatsoever, including those items generally referred to
as "sparklers," shall be prohibited in public parks, play areas and
on any public grounds.
(7)
All buildings or structures so old, dilapidated or out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
use.
(8)
All wires over streets, alleys or public grounds which are strung
less than 15 feet above the surface thereof.
(9)
All loud, discordant and unnecessary noises or vibrations of any
kind.
(10)
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.
(11)
The keeping of bees within the Village.
(12)
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 purpose thereof has been accomplished.
(13)
All open and unguarded pits, wells, excavations or unused basements
freely accessible from any public street, alley or sidewalk.
(14)
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.
(15)
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 sidewalk.
(16)
Repeated or continuous violations of the ordinances of the Village
laws of the State of Wisconsin relating to the storage of flammable
liquids.
(18)
The shaking, beating, or sweeping of carpets, rugs, mattresses, coverings,
bedding, garments, dust mops, dust cloths or any similar articles
within 15 feet of any building used for human habitation unless occupied
solely by the family of the person performing any such acts.
(19)
Loitering of any person under the age of 17 away from home between
the hours of 11:00 p.m. and 5:00 a.m.; also, the permitting, knowingly,
by any parent or guardian of such minor of his loitering away from
his home during such hours, unless such minor is accompanied by a
parent, guardian or some person 21 years of age or older standing
in loco parentis, or unless performing an errand or duty if directed
by his parent or guardian, or of urgent necessity, or unless pursuing
the duties of his employment in an expeditious and orderly manner,
or unless going directly home from places of business or amusement
or private home.
(20)
Whenever the Sanitary Health Inspector, Building Inspector or Fire Department shall, upon inspection of any premises within the Village of Whitefish Bay, find that there is deposited, placed, stored or remaining on said premises any garbage, junk, rubbish, rubble, trash, abandoned, outmoded or nonsalable merchandise or parts, or any other unhealthy, hazardous or unsightly materials or things which create a fire hazard, or which is detrimental to the appearance, neatness and cleanliness of the immediate neighborhood or the Village of Whitefish Bay in general, such Sanitary Health Inspector, Building Inspector, or Fire Department official may proceed as authorized by § 9-3 of this Code to abate such condition as a public nuisance.
(21)
False alarms, private alarm systems.
(a)
ALARM SYSTEM
FALSE ALARM
PERSON
PRIVATE ALARM SYSTEM
Definitions. As used in this subsection, the following terms
shall have the meanings indicated:
Any electrical or mechanical device for the detection of
an unauthorized entry on premises or for alerting others of the commission
of an unlawful act or both, or for the detection of a fire, and when
activated, emits a sound or transmits a signal or message or both.
A signal from an alarm system which results in a call, direct
or indirect, to the Whitefish Bay Police Department or Fire Department
necessitating response by the called Department when an actual emergency
situation does not exist.
Any individual, partnership, corporation or other entity.
Any alarm system not owned or leased by the Village of Whitefish
Bay.
(b)
Prohibitions.
[1]
False alarm. No person owning, leasing, using or possessing
a private alarm system shall cause or permit the giving of a false
alarm, whether intentional or accidental, whether caused by human
error, by electrical or mechanical dysfunction, or both.
(c)
Penalty.
[1]
Where the person in violation has had no violations of Subsection D(21)(b) herein in the calendar year, the Chief of Police, or his or her designee, shall issue a warning to the person in violation.
[2]
For second and succeeding violations of Subsection D(21)(b) which occur within the same calendar year, the person in violation shall. upon conviction. be subject to the forfeiture as set forth by the Village Board and from time to time in the Whitefish Bay Municipal Bail Schedule.
[3]
When a property owned by a person who has violated Subsection D(21)(b) is sold to another person in a good faith, arm's length transaction, the first violation thereafter shall be treated as an initial violation and penalized accordingly.
[4]
Any property owner aggrieved by the assessment of a forfeiture
for false alarm may request a hearing before the Board of Appeals
by making such request in writing to the Village Manager within 15
days after the date of service of a notice of forfeiture. The Board
of Appeals shall hear the matter as provided for in appeals from the
decision of an administrative officer [§ 62.23(7)(e), Wis.
Stats.].
[5]
Appeal to the Board of Appeals shall stay the enforcement of
this section until 30 days following the decision of the Board of
Appeals unless a longer period is allowed by the Board of Appeals
in its decision.
[6]
Any person or persons, including the Village Board, aggrieved
by the decision of the Board of Appeals, may petition the Circuit
Court for Milwaukee County, Wisconsin, within 30 days after the decision
of the Board of Appeals, for certiorari as provided in § 62.23(7)(e)(10),
Wis. Stats., and upon the filing
of said petition, the enforcement of this section shall be stayed
pending with decision of the Circuit Court.
[Amended at time of adoption of Code (see Ch. 17, Village
Code and Ordinances, Art. I)]
[7]
Forfeitures under this section which are not collected within
30 days may be placed on the property tax bill for the properties
affected pursuant to § 66.0627, Wis. Stats., or may be the
subject of a collection action against the persons or property responsible
in a court of competent jurisdiction.
(22)
Vacant lots.
(a)
Vacant lots shall be kept substantially clear of debris and
shall be provided with adequate lawn or ground cover or vegetation,
hedges or bushes cut as often as necessary to maintain a neat and
attractive appearance.
(b)
Whenever the Village Manager shall find any property which does not comply with the provisions of Subsection D(22)(a), he shall give the owner of said property 45 days' written notice to arrange for the removal of the debris and to provide for adequate lawn or ground cover or vegetation, and if such notice is not complied with within the forty-five-day period, he may cause the debris to be removed and the property to be provided with adequate lawn or ground cover or vegetation. The costs of such removal and providing of adequate lawn or ground cover or vegetation shall be billed and collected from the owner of said property, and if said costs are not paid within 30 days after billing, then said costs shall be reported to the Village Clerk-Treasurer, who shall enter the amount against the respective real estate in the next and subsequent tax roll and as a special assessment against said real estate, and the same shall be collected in all respects like other Village taxes upon real estate. The Village Manager may, in times of cold weather, grant an extension of time beyond the forty-five-day period to allow a time within the normal growing season.
(23)
Algae,
moss, mold, mildew or other vegetation that creates a slick surface
on any public sidewalk or privately owned carriage walk, driveway,
or driveway apron, located in the public right-of-way, which constitutes
a hazard for pedestrians or vehicles shall be eliminated or reasonably
abated by the owner or occupant of any abutting property or the owner
or occupant of such carriage walk, driveway or driveway apron.
[Added 11-1-2021 by Ord. No. 1891]
