[Code 1993, § 10.02]
(a)
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
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:
A thing, act, occupation, condition or use of property which
continues for a length of time so as to:
Substantially annoy, injure or endanger the comfort, health,
repose or safety of the public.
In any way render the public insecure in life or in the use
of property.
Greatly offend the public morals or decency.
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)
DOG
RESIDENTIAL UNIT
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:
Any canine, regardless of age or sex.
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)
DISORDERLY HOUSE
GAMBLING DEVICES
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:
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.
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.
(7)
Fireworks. All uses or displays of fireworks, except as provided
by law and ordinance.
(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.
