Village of Salem Lakes, WI Nuisances

All privy vaults, cesspools and outhouses and garbage cans which are not flytight.

Any owner of a building containing three or more dwelling units who fails to supply bulk refuse containers sufficient to meet the needs of all the occupants of the dwelling for the sanitary and safe storage and disposal of rubbish and garbage. Bulk refuse containers over one cubic yard in capacity shall be enclosed on three sides by an opaque fence six feet in height.

Noxious weeds. All noxious weeds and other rank growth of vegetation. See also Chapter 410, Property Maintenance, Article III, Noxious Weeds.

Animals at large. All animals running at large. "Running at large" shall mean entering onto private or public property off of the premises of the owner or keeper of such animals without permission and without supervisory control.

Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the Village limits or within one mile therefrom in such quantities as to endanger the health of persons of ordinary sensibilities or threaten or cause substantial damage or injury to property in the Village.

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.

Noxious odors. Any use of property, substances or things within the Village and within one mile from the Village limits emitting or causing any foul, offensive, noisome, 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 persons within the Village.

Abandoned wells. All abandoned wells not securely covered or secured from public use. Any well which is permanently or temporarily abandoned must be secured in the manner in keeping with Wisconsin Statutes and Administrative Codes.

Street pollution. Any use of property which causes any noxious or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the Village.

§ 381-4 Public nuisances offending morals and decency.

The following acts, omissions, places, conditions and things are 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 "public nuisance" in § 381-1:

Disorderly houses. All disorderly houses, bawdy houses, houses of ill fame, and buildings or structures kept or resorted to for the purpose of prostitution or promiscuous sexual intercourse.

Gambling houses. All gambling houses and buildings or structures kept or resorted to for the purpose of gambling except as otherwise allowed by state law.

Gambling devices. All gambling devices and slot machines except as otherwise allowed by state law.

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.

Illegal drinking. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of state laws or Village ordinances.

Continuous violation of Village ordinances. Any place or premises within the Village where Village or county ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.

§ 381-5 Public nuisances affecting peace and safety.

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 "public nuisance" in § 381-1:

Signs, billboards and awnings. 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. All rummage sale signs shall be removed within 24 hours of the end of the sale.

Illegal buildings. All buildings erected, repaired or altered within the Village of Salem Lakes in violation of Village ordinances relating to materials and manner of construction of buildings and structures within the Village.

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 or 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.

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.

Low-hanging tree limbs. All limbs of trees which project over and less than 14 feet above the surface of a public street or less than 10 feet above any other public place.

Dangerous trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.

Fireworks. All use or display of fireworks except as provided by state laws and Village ordinances.

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.

Low-hanging wires and cables. All wires and cables over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.

Noise.

Any loud, disturbing or unnecessary sounds or noises, such as may tend to annoy or disturb another in or about any public street, alley or park or any private residence.

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.

To park or leave standing any truck, piece of heavy equipment or machinery with its engine or any accessory mechanical equipment running within 300 feet of any residence in the Village where the sound generated thereby is audible at a distance of 300 feet between 10:00 p.m. and 9:00 a.m. the following day without the express permission of such residential occupant.

The operation of any tools or power machinery or equipment where the sound emanating therefrom is not contained within an existing structure, is within 300 feet of any residence in the Village and where the sound generated thereby is audible at a distance of 300 feet, between 10:00 p.m. and 7:00 a.m. the following day. This prohibition shall apply specifically, but not by way of limitation, to all machinery and tools used in the construction of residences, including hand tools, nail guns, compressors, saws, pumps and excavating or dredging machinery.

All-terrain vehicles, snowmobiles and motorcycles. The operation of any all-terrain vehicle, motorcycle, snowmobile or like device in such a manner as to cause a disturbance or annoyance to other persons residing near the operation due to excessive noise or dust or which results in the deposit of excessive amounts of dust, mud, stones or debris on adjoining property without the owner's consent.

Obstructions, excavations and open wells.

All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.

All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as authorized by the Village, or which, although so authorized, 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.

The deposit of debris, dirt, building materials or other materials or objects, including snow, on any public roadway within the Village of Salem Lakes so as to restrict or obstruct traffic or restrict or obstruct vision along and upon any portion of such public roadway or approaches thereto or to place any such materials or plantings, decorative borders, fences or rocks on the shoulder or within any ditch or road rights-of-way within the Village of Salem Lakes so as to interfere with drainage or road or ditch maintenance operations, including snow removal.

Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of streets or sidewalks.

Abandoned refrigerators. All abandoned refrigerators, iceboxes, chests, vaults or similar objects which are likely to be used by children at play, from which the doors or other covers have not been removed or which may not be readily opened from the inside. All abandoned refrigerators or freezers must either have their doors or other covers removed or the doors and covers must be so secured as to prevent them from being opened.

Dumping and open storage. The unauthorized dropping, dumping, storing, keeping or discarding of any glass, cans, refuse, waste, paper, rubbish or building or construction materials upon any property in the open within the Village of Salem Lakes unless such property is licensed as a junk dealership or rubbish business, with the exception of stumps, branches and tree trunks on existing woodlots.

Ashes. The deposit of ashes or residue from any fire upon any property within the Village within 24 hours after the same have been taken or removed from any fireplace, stove, furnace or similar place other than in a covered, noncombustible receptacle.

Burying rubbish. The unauthorized burying of rubbish, as that term is defined in § 381-1 of this chapter. This subsection shall not apply to the burying of any organic material, the composting of which is permitted under the provisions of Chapter 447, Solid Waste, of this Code.

Snow and ice removal. All ice and snow not removed from public sidewalks within 24 hours of accumulation.

Repeat or continued violations. Repeated and continuous violation of the ordinances of the Village of Salem Lakes or the Kenosha County ordinances or the laws of the State of Wisconsin.

Blighted buildings and premises. Premises existing within the Village which are blighted because of faulty design or construction, failure to maintain them in a proper state of repair, improper management or due to the growth of noxious weeds as defined by § 66.0407, Wis. Stats., or due to the accumulation of junk, debris, rocks, diseased or dead trees, tree stumps, waste building material, tires, automobile parts, appliances, furnaces, water heaters, water softeners, rubbish, garbage, glass, plastic, metal, ashes or similar waste products and debris, structurally unsound fences or other items which depreciate property values and jeopardize or are detrimental to the health, safety, morals or welfare of the people of the Village. The blighted premises contribute to conditions that are dangerous to the public health, safety, morals and general welfare of the people; the conditions necessitate excessive and disproportionate expenditure of public funds for public health, public safety, crime prevention, fire protection and other public services; the conditions cause a drain upon public revenue and impair the efficient and economical exercise of governmental functions in such areas.

§ 381-6 Certain animals prohibited in residential areas.

No person shall keep, harbor, feed or breed any horses, mules, jackasses, sheep, cows, goats, swine, fox, beaver, mink, otter, martin, rabbits, raccoon, skunks, chickens, turkeys, ducks or geese on any parcel or lot of less than two acres in any residential district as defined in Chapter 490, Zoning and Shoreland/Floodplain Zoning, of the Village Code. Any person now owning or possessing any such animal or fowl in any such district and owning less than two acres of land shall be permitted to keep such animal or fowl described herein until such animal or fowl shall be disposed of. Such owner shall not be permitted to add to or replace the animals or fowl on the premises as of the date of this section.[1]

[1]

Editor's Note: This section derives from Ord. No. 05-10-10A adopted by the Town Board of the Town of Salem 10-10-2005.

In any residential district, owners may keep any one of the following classifications of animals or fowl on parcels of two acres or more in size:

Horses. Not more than one horse for each two acres.

Dairy cows and goats. Not more than one dairy cow or goat for each two acres.

Fowl. A flock of not more than 20 chickens, geese or ducks for each two acres.

Rabbits. Not more than 20 rabbits for each two acres, provided that no person shall keep any of the animals or fowl set forth above for any commercial purposes. The keeping of such animals shall be limited to the residential use of the owner's premises.

The owner of any of the animals permitted to be kept in a residential district pursuant to this section shall do all things necessary to prevent such animals or their housing or care from becoming a nuisance. No building permit for an animal or fowl shelter shall be granted unless the Building Inspector shall visit the premises and determine that the construction of such shelter is located on the owner's premises with sufficient setback from the property lines and structure of adjoining properties as to prevent such shelter from becoming a nuisance to neighbors.

Notwithstanding the foregoing, this section does not prohibit a minor from keeping and maintaining not more than one goat, goose, chicken, rabbit, turkey or animal of similar size on a temporary basis on a parcel less than two acres in size if such animal is kept and maintained for purposes of exhibition at a state or county fair or as part of a supervised project sponsored by any public school, state or local government or nationally recognized youth organization (such as 4-H Club, Boy Scouts of America, or Girl Scouts of America), provided such animal is kept in a manner and in a location which does not constitute a nuisance.

§ 381-7 Abandoned fuel oil or gasoline tanks.

Abandoned fuel oil or gasoline tanks are deemed to be a public nuisance whether located above ground or below ground or whether they are inside or outside of a building. Said tanks shall be considered abandoned if they cease to be used for their original intended purpose for a period of 90 or more days. Said tanks shall be removed from the premises within that time period unless they are abandoned on site in keeping with Wisconsin Statutes and Administrative Regulations. Abandoned fuel oil tanks shall be removed from the building, except abandoned fuel oil tanks may remain in the building provided the following conditions are met:

All fuel oil is removed from the tank.

The tank fuel piping is removed and the tank openings plugged with pipe fittings.

The oil supply line is removed and the opening is plugged with pipe fittings.

The vent remains connected and terminates outside the building at least two feet above grade.

§ 381-8 Unpaved driveways and parking areas.

All unpaved driveways and parking areas shall be maintained in dust-free condition and shall be graded so that no potholes exist.

§ 381-9 Buildings under construction.

It shall be the responsibility of the general contractor and the owner or owners of property where a building is under construction or being altered or repaired or where the property is being graded to ensure that scrap building materials are not allowed to accumulate on the site and the abutting streets remain free of dirt and debris caused by said construction or grading.

§ 381-10 Vacant buildings.

As used in this section the following terms shall have the meanings indicated:

PERSON

Any owner, association, firm, partnership or any agent or person having custody of a vacant building as defined herein.

VACANT BUILDING

Any structure used or intended to be used for human occupancy and vacated for a period of 30 days.

No person shall keep, maintain or cause to be maintained any vacant building in the Village of Salem Lakes unless said building shall comply with the following conditions:

All windows and exterior openings shall be properly maintained and kept in a reasonable weathertight condition or otherwise boarded up to prevent damage and destruction to such exterior openings.

The exterior walls and basement and foundation walls shall be kept in a reasonable weatherproof condition and all masonry shall be kept in proper repair and the premises generally kept in a rodent-infestation-proof condition. Exterior walls shall be kept in a well-maintained and painted condition compatible with other buildings in the adjacent areas.

All yards or adjacent land shall be kept free of any accumulation of waste, garbage, materials, debris, automobile and machinery parts and appliances. Yards shall be kept in a sightly manner and weeds and rank growth of vegetation shall be eliminated and kept under control. Yards shall also be graded so as to prevent the accumulation of standing surface water.

Any vacant building which does not comply with the foregoing conditions may be declared a nuisance and abated as set forth in § 381-12 of this chapter.

§ 381-11 Discharge of hazardous materials.

Intent. It is the intent of this section to provide for the protection of the public in the event of an intentional, negligent or accidental discharge of elements or substances that have a deleterious effect on the environment, and to assess the cost borne by the Village for protective services, cleanup and restoration, and to impose a forfeiture against any person convicted of violating this section.

Definitions. As used in this section, the following terms shall have the meanings indicated:

PERSON

Any individual, partnership, association, corporation, its officers, agents or employees acting individually or collectively.

PROHIBITED DISCHARGE

The discharge whether by direct acting of any person or by leakage or spillage on any public or private property, including, but not limited to, any street, alley, or ground surface, water, subsurface water, aquifer or otherwise, except in areas specifically licensed for such disposal, whether or not said discharge is caused by direct action, negligence, accident or by deterioration of any container in which said substance is being stored or transported. Any such discharge shall include, but not necessarily be limited to, any explosive, flammable or combustible, solid, liquid, or gas, any radioactive material at or above the nuclear regulatory restriction level, etiologic agents or any solid, liquid or gas substance creating a hazardous, potentially hazardous or public nuisance or any solid, liquid or gas having a deleterious effect on the environment.

Containment, cleanup and restoration. Any person who shall cause or permit under any circumstances a discharge of any substance prohibited by this section shall immediately notify the Sheriff's Department, Fire/Rescue Department, Emergency Management Director or designee and said person shall begin immediate action to contain, clean up and remove the offending materials and restore the site to its original condition. Any person who shall cause a prohibited discharge shall be fully and completely responsible for all costs and damages resulting from or connected with such discharge and upon conviction for a violation of this section shall be subject to a forfeiture as set forth in Subsection G. Any cost incurred by the Village of Salem Lakes for any containment, cleanup or restoration or the protection of the lives of persons or property which shall be required by such discharge shall be paid by any person causing the discharge as set forth herein.

Protection of public. In the event of a prohibited discharge of substance set forth herein, the Emergency Management Director or designee, Fire Chief or law enforcement officer shall take such steps as may be necessary to protect life and property and may order an evacuation of the area or take such other appropriate protective steps as may be immediately necessary for the protection of the public and shall notify the President of the Village Board of such action.

Access to site. Any law enforcement officer or firefighter or the Emergency Management Director who has notice of or has reason to believe that a prohibited discharge has taken place shall have access to any said site whether it be public or private for the purpose of evaluating the threat to persons or to the environment and monitoring the containment and cleanup or restoration activity.

Enforcement. No person shall cause or permit under any circumstances a prohibited discharge as defined by this section. The Emergency Management Director or designee, the Fire Chief or law enforcement officers shall have the authority to issue citations or complaints of any prohibited discharge in violation of this section.

Penalties. Any person who shall violate any provisions of this section shall, upon conviction thereof, forfeit not less than $50 and not more than $1,000 together with the cost of prosecution and in default of payment of forfeiture and cost of prosecution shall be imprisoned in the county jail until said forfeiture and costs are paid but not exceeding 90 days. Each day a violation continues shall constitute a separate offense.

§ 381-12 Abatement.

Inspection of alleged nuisance. The Village Building Inspector, a code enforcement officer or Kenosha County Sheriff's Deputy shall promptly investigate any observed condition or activity or any complaint received indicating that a nuisance exists within the Village and shall make a written report of his or her findings. Whenever practicable, the inspecting officer shall cause photographs to be made and witness statements taken to further document the condition or activity.

Notice.

If the inspecting officer shall determine that a public nuisance exists within the Village, the inspecting officer shall serve notice on the person causing, permitting or maintaining such nuisance or upon the owner or occupant of the premises where such nuisance is caused, permitted or maintained either by personal delivery thereof to such person or by posting a copy of said notice in a conspicuous location on the premises. Such notice shall direct the person causing, permitting or maintaining such nuisance or the owner or occupant of the premises to abate or remove such nuisance within 10 days, unless the inspecting officer determines that there is great and immediate danger to the public heath, safety, peace, morals or decency, in which case said notice shall direct that the nuisance be abated or removed within 24 hours if the owner, occupant or person involved can be found. The notice shall also state that, unless such nuisance is so abated, the Village will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.