No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village.
[HISTORY: Adopted by the Village Board of the Village of Barneveld as Ch. 10 of the 1993 Code. Amendments noted where applicable.]
A public nuisance is a thing, act, occupation, condition or use of property which continues 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 specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 187-2:
A.
Adulterated food. All decayed, 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 food which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
C.
Breeding places for insects or vermin. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any material in which flies, mosquitoes, disease carrying insects, rats or other vermin can 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 weeds and other rank growth of vegetation in residential areas shall be kept cut to a height not to exceed six inches. All weeds and other rank growth of vegetation on unplatted, wooded or other areas shall be cut or sprayed a minimum of twice a year. The Public Works Director may cause all weeds and grass to be cut and removed, brush to be removed and the cost thereof charged to the property under § 66.0627, Wis. Stats. In addition to the costs of removal, the owner of any property in violation of this subsection may be subject to a penalty as provided in § 1-2 of Chapter 1, General Provisions, of this Code of Ordinances.
[Amended 9-4-1991; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G.
Noxious odors, etc. Any use of property, substances or things within the Village 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 any appreciable number of persons within the Village.
H.
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.
I.
Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the Village, or within one mile therefrom, in such quantities as to endanger the health of persons of ordinary sensibilities or threaten or cause substantial damage to property in the Village.
The following acts, omissions, places, conditions and things are 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 § 187-2:
A.
Dangerous signs, billboards, etc. All signs, 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 violations of Village ordinances relating to materials and manner of construction of buildings and structures within the Village.
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 official traffic control devices or railroad signs or signals 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 or pedestrian crosswalk.
E.
Low hanging tree limbs. All limbs of trees which project over and less than 10 feet above any public sidewalk, street or other public place.
F.
Dangerous trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.
G.
Fireworks. All use or display of fireworks, except as provided by state laws and Village ordinances.
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. See § 66.0413, Wis. Stats.
I.
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.
J.
Noisy animals or fowl. The keeping or harboring of any animal or fowl, which by frequent or habitual howling, yelping, barking, crowing or making of other noises, greatly annoys or disturbs a neighborhood or any considerable number of persons within the Village.
K.
Obstructions of streets; excavations. All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by ordinances of the Village, but including those which, although made in accordance with such ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished or which do not conform to the permit.
L.
Construction or repair of buildings. The erection (including excavation), demolition, alteration or repair of any building, as well as the operation of any piledriver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or any other similar equipment attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 9:00 p.m.; provided, however, the Building Inspector shall have the authority, upon determining that the loss of inconvenience which would result to any party in interest would be extraordinary and of such nature as to warrant special consideration, to grant a permit for a period necessary within which time such work and operation may take place within the hours of 9:00 p.m. and 7:00 a.m.
[Added 8-4-2003 by Ord. No. 03-08-01]
M.
Outdoor solid-fuel-fire heating device or solid-fuel unit. All outdoor solid-fuel-fire heating devices or solid-fuel units. An "outdoor solid fuel fire heating device or solid fuel unit" is defined as an outdoor device or structure designed for solid fuel combustion for the purpose of providing indoor heat to a residence or other building, including, but not limited to, solid-fuel-fired stoves and combination fuel furnaces or boilers which burn solid fuel (such as wood or coal). A solid-fuel-fire heating device or solid-fuel unit is considered outdoor if it is not located inside a one- or two-family dwelling unit, a multifamily dwelling unit, or public building, thereby making the solid-fuel-fire heating device or solid-fuel unit subject to the Wisconsin Uniform Dwelling Code or the Wisconsin Commercial Building Code.
[Added 4-7-2008 by Ord. No. 08-03-01]
[Added 5-2-2016 by Ord. No. 16-05-01]
The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of § 187-2 of this chapter.
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 this Code.
D.
Continuous violation of Village ordinances. 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.
E.
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 this Code.
A.
Enforcement. The Chief of Police, Fire Chief and Building Inspector shall enforce those provisions of this chapter that come within the jurisdiction of their offices, and they shall make periodic inspections and inspections upon complaint to insure that such provisions are not violated. No action shall be taken under this section to abate a public nuisance, unless the officer has inspected or caused to be inspected the premises where the nuisance is alleged to exist and has satisfied himself that a nuisance does in fact exist.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Summary abatement. If the inspecting officer determines that a public nuisance exists within the Village and that there is great and immediate danger to the public health, safety, peace, morals or decency, the President may direct the proper officer to cause the same to be abated and charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.
C.
Abatement after notice. If the inspecting officer determines that a public nuisance exists on private premises, but that such nuisance does not threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within 10 days, the proper officer shall cause the nuisance to be removed as provided in Subsection B.
D.
Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Village or its officials in accordance with the laws of the state.
E.
Court order. Except when necessary under Subsection B, an officer hereunder shall not use force to obtain access to private property to abate a public nuisance, but shall request permission to enter upon private property if such premises are occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public 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.