Village of Mount Pleasant, WI
Racine County
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[Code 1993, § 10.02]
(a) 
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
PUBLIC NUISANCE
A thing, act, occupation, condition or use of property which continues for a length of time so 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.
[Code 1993, § 10.12]
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 Village 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 as a special charge against the real estate.
[Code 1993, § 10.01]
No person shall erect, contrive, cause, continue, maintain or permit any public nuisance to exist within the Village.
[Code 1993, § 10.03]
(a) 
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 § 62-1:
(1) 
Unburied animal 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 of such animals, birds or fowl.
(2) 
Insect and vermin breeding places. 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.
(3) 
Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply.
(4) 
Privy vaults and garbage cans. Privy vaults and garbage cans which are not flytight.
(5) 
Noxious weeds. Canada Thistle, Leafy Spurge, Field Bindweed (creeping Jenny), and unsightly and troublesome plants which are detrimental to cultivated crops, public health, public welfare and the general appearance of the surrounding area or such uncultivated rank plants which create unpleasant or noxious odors or grow to such a height so as to permit the concealment of filthy deposits.
(6) 
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.
(7) 
Noxious odors. Any use of a property, substance or thing within the Village which emits or causes any foul, offensive, noxious or disagreeable odor, gas, effluvia or stench which is extremely repulsive to the physical senses of ordinary persons or which annoys, discomforts, injures or inconveniences the health of any appreciable number of persons within the Village.
(8) 
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.
(9) 
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.
(10) 
Animals running at large. Any animals running at large in the Village.
[Code 1993, § 10.11; Ord. No. 4-01, § 10.15(2), 9-24-2001]
(a) 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
DOG
Any canine, regardless of age or sex.
RESIDENTIAL UNIT
A parcel of land zoned as residential, occupied or to be occupied by a dwelling, whether platted or unplatted, and under common ownership. For the purpose of this section, any vacant parcel adjoining a dwelling and under the same ownership shall constitute one lot.
(b) 
Public nuisance declared. The keeping of a large number of dogs within the Village for an extended period of time detracts from, and may be detrimental to, the peace and safety of life in certain areas of the Village; therefore, the keeping of a large number of dogs is declared to be a public nuisance.
(c) 
Limitation. Except as provided in § 10-3(c), no family shall own, harbor or keep more than three dogs in its possession on any residentially zoned lot, except that a litter of pups, or a portion thereof, may be kept for not more than eight weeks from the birth of such pups. For the purposes of this subsection, the term "family" means one or more persons.
[Code 1993, § 10.04]
(a) 
Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
DISORDERLY HOUSE
Any building, place or room in which gambling or prostitution, or liquor and fermented malt beverage violations occur, or which is used for the purpose of unlawfully selling, serving, storing, keeping or giving away controlled substances as defined in Wis. Stats. Ch. 161.
GAMBLING DEVICES
All gambling devices and slot machines.
(b) 
Enumerated. 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 § 62-1:
(1) 
Disorderly house. No person shall keep, control or operate a disorderly house or be an inmate of, frequent, patronize or be found within any disorderly house.
(2) 
Unlicensed sale of intoxicated 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 ordinance.
(3) 
Continuous violation of ordinances or laws. Any place or premises within the Village where ordinances or laws relating to public health, safety, peace, morals or welfare are openly, continuously and repeatedly violated.
(4) 
Illegal drinking. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of law.
[Code 1993, § 10.05]
(a) 
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 § 62-1:
(1) 
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, situated or constructed so as to endanger the public safety.
(2) 
Illegal buildings. All buildings erected, repaired or altered in violation of ordinances relating to materials and the manner of construction of buildings and structures within the Village.
(3) 
Unauthorized traffic and railroad devices, signs or signals. 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, 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.
(4) 
Obstruction of view at intersections or pedestrian crosswalks. 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.
(5) 
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.
(6) 
Menacing or annoying trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.
(7) 
Fireworks. All uses or displays of fireworks, except as provided by law and ordinance.
(8) 
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.
a. 
After obtaining the approval of the Village Board, the Building Inspector is authorized to act for the Village under the provisions of Wis. Stats. § 66.0413, relating to the razing of buildings, and all acts amendatory thereof and supplementary thereto. The Clerk-Treasurer is authorized to place the assessment as a lien upon the property and collect the special tax as provided in such statute.
b. 
Before a building can be demolished or removed, the owner or agent shall notify all utilities having service connections within the building, such as water, sewer, gas or electric. A building shall not be demolished or removed until it is ascertained that service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and safely plugged. In addition, the owner or agent shall certify that the building to be razed contains no friable asbestos or the Building Inspector shall satisfy himself that no such friable asbestos exists before the demolishment shall occur.
c. 
Excavations shall be protected with appropriate fences, barriers and/or lights, and, within five days of removal of the structure, shall be filled with clean solid fill (i.e., clay, sand or stone) to match the lot grade and be landscaped compatible with adjacent abutting lands.
(9) 
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.
(10) 
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.
(11) 
Obstructions of streets; excavations. All obstructions of streets, alleys, sidewalks or crosswalks, and all excavations in or under streets, alleys, sidewalks or crosswalks, except as permitted by this Code, 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.
(12) 
Unlawful assemblies. Any unauthorized or prohibited 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 and thereby obstructing traffic and free use of the streets or sidewalks.
(13) 
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 accumulation thereon of junk or other unsightly debris, structurally unsound fences and other items which depreciate property values and jeopardize or are detrimental to the health, safety, morals or welfare of the people of the Village.
a. 
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 and safety, crime prevention, fire protection and other public services; and such conditions cause a drain upon public revenue and impair the efficient and economical exercise of governmental functions in such areas.
b. 
Elimination of blighted premises and prevention of blighted premises in the future is in the best interest of the citizens and shall be fostered and encouraged by this section. It is essential to the public interest that this section be liberally construed to accomplish such purposes.
[Code 1993, § 10.06]
(a) 
Grass fires. No person shall kindle any grass fire within the Village without first securing a written permit from the Village Fire Chief, who shall issue such permit subject to any conditions for the protection of life and property imposed by the him. No permit shall be valid until the permittee has notified the Fire Department of the time and place of such burning.
(b) 
Confinement. No person shall kindle, or cause to be kindled, any fire in or upon any street, alley, public way, park, or public or private grounds within the Village within 25 feet of any building or within any fire lane unless the fire is confined within a wire refuse burner or basket, or metal enclosure with a wire cover attached to prevent the escape of sparks and burning material.
[Code 1993, § 10.07]
No person, except a person licensed under § 46-182 or a licensee of a motor vehicle dealer's license issued under statute, shall accumulate or store or allow to remain outside of any building on real estate located within the Village for a period of more than 10 days, or dump, deposit or otherwise abandon upon any property or upon any highway, street, road, alley or way within the Village, any used motor vehicle, as defined by statute, or any detached part thereof, for which no current registration fee has been paid under statute or which, if paid, does not have properly attached thereto under statute a current license plate, if required, and which is in a condition which would mechanically prevent the immediate operation thereof upon any public highway or its operation thereon would be in violation of the law. Each day that any used motor vehicle, as defined in this section, or any detached part thereof, shall be accumulated or stored or allowed to remain contrary to this section shall constitute a separate and distinct offense.
[Code 1993, § 10.10]
(a) 
Enforcement. The Village Administrator or designee shall enforce the provisions of this chapter that come within the jurisdiction of their offices, and shall make periodic inspections and inspections upon complaint to ensure 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.
(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 Village Board may direct the proper officer to cause the nuisance to be abated and charge the cost of abatement 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 nuisance within 10 days. If such nuisance is not removed within 10 days, the officer shall cause the nuisance to be removed as provided in Subsection (b) of this section.
(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 law.
(e) 
Court order. Except when necessary under Subsection (b) of this section, an officer under this section 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.
[Code 1993, § 10.15]
Any person who shall violate any provision of this chapter, or any regulation, rule or order made under this chapter, or permit or cause a public nuisance, shall be subject to § 1-15.
[Amended 10-27-2014 by Ord. No. 2014-16]
(a) 
Graffiti defined. Graffiti means marks, symbols, signs, letters, names, phrases, or sentences which are inscribed or placed on real and physical property and tend to deface said property.
(b) 
Public nuisance. The existence of graffiti on real and physical property within the Village of Mt. Pleasant is expressly declared to be a public nuisance as it affects the public health, safety and welfare and creates blighting influences on neighborhoods, and it shall be the duty of the owner of the property to remove or cover graffiti which is placed thereon.
(c) 
Graffiti prohibited. Graffiti is prohibited on any private or public building or property whether real or physical. Graffiti shall be removed by the property owner after written notice and order is given by the Police Department or the building department to the owner of record.
(d) 
Removal of graffiti. Graffiti shall be removed within a reasonable time (14 days) after the Police Department or the building department issues a written notice and order to the property owner.
(e) 
Failure to remove; extension.
(1) 
It shall be unlawful for the owner of real property to fail to remove graffiti from the property within 14 days, after being provided a written notice and order for removal by a certain date served upon the owner by personal service or by regular mail sent to the address listed on the real estate tax bill, and by posting the order on the real or physical property.
(2) 
Upon written request received by the Police Department that issued the notice and order, prior to expiration of the time provided for compliance, the Chief of Police or his designee may, for just cause, grant an extension of time for compliance.
(3) 
If the owner fails to comply with the order(s) after being provided with a written notice and order for removal and upon the expiration of any extension(s) granted, the Chief of Police or his designee may remove or cover the graffiti and all costs, fees and expenses incurred in the removal shall be levied against the property as a special charge, if such amounts are not paid by the property owner within such time as is allowed in the billing for such removal. Such costs shall be in addition to any other enforcement actions taken under this Code. Each day of violation shall constitute a separate offense.
(f) 
Notification of defacement. Every owner or occupant of a structure or property defaced by graffiti shall notify the Police Department of the graffiti before removing or covering such graffiti.
(g) 
Enforcement of graffiti prohibition. The Chief of Police or his designee shall have primary responsibility to enforce the provisions of this section.