No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village.
As used in this chapter, the following terms shall have the
meaning provided:
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:
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 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 §
253-2:
A. Adulterated food. All decayed, harmfully 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 vermin, etc. 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.
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 noxious weeds and other rank growth of vegetation.
All weeds and grass shall be kept cut to a height of not to exceed
one foot.
G. 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.
H. Noxious odors, etc. Any use of property, substances or things within
the Village 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.
I. Street pollution. 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.
J. Unsightly debris.
(1) Prohibited. No person shall accumulate or store unsightly debris
on any lot or parcel of land within the Village, except by special
permit issued under § 175.25, Wis. Stats.
(2) Definition. Without limitation because of enumeration, unsightly
debris is defined as including the following items: junked automobiles
and parts thereof; old automobiles, trucks, tractors, refrigerators,
furnaces, washing machines, stoves, machinery or parts thereof; rubbish,
garbage, refuse, junk, bricks, cement blocks or other similar items
and waste materials such as may tend to depreciate property values
in the area, or create a nuisance or hazard.
(3) Order by Building Inspector. The Building Inspector shall examine
any premises concerning which there has been a complaint of violation
of this subsection, and if he believes this subsection has been violated,
the Building Inspector may, in writing, order the premises cleaned,
placed in order or made sightly within 10 days. Failure of the property
owner to comply with such order shall be a violation of this subsection.
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 §
253-2:
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 the ordinances of the Village.
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 the laws of the State of Wisconsin or ordinances of the Village.
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 §
253-2:
A. Signs, billboards, etc. 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.
B. Illegal buildings. All buildings erected, repaired or altered in
violation of the provisions of the ordinances of the Village 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 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 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. Tree limbs and/or shrubbery. All limbs of trees or shrubbery which
project over and less than 10 feet above any public sidewalk, street
or other public place.
F. Dangerous trees and/or shrubbery. All trees or shrubbery 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
the laws of the State of Wisconsin and ordinances of the Village.
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.
I. Wires over streets. Wires 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 shall greatly annoy or disturb 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 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, or do not conform to the permit.
L. Unlawful assembly. 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 sidewalks.
M. Uncontrolled
animals. The harboring or otherwise providing of shelter, food or
other such comfort to any animal, whether domesticated or undomesticated,
which is not kept within the boundaries of a property and is free
to wander within the Village.
[Added 12-5-2022 by Ord. No. 2022-18]
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
against the real estate as a special charge.
Except as otherwise provided, any person who shall violate any provision of this chapter or permit or cause a public nuisance shall be subject to a penalty as provided in §
1-4 of this Code.