No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City.
As used in this chapter, the following terms shall have the
meanings indicated:
PUBLIC NUISANCE
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 with the definition in §
313-2:
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 foods 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
six inches.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 City 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 City.
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 City.
J. Noise. Any loud, discordant and unnecessary noises or vibrations
of any kind.
K. Containers. All abandoned refrigerators or iceboxes from which the
doors and other covers have not been removed or which are not equipped
with a device for opening from the inside.
L. Flammable liquids. Repeated or continuous violations of the ordinances
of the City or laws of the state relating to the storage of flammable
liquids.
M. Snow and ice. All snow and ice not removed or sprinkled with ashes,
sawdust or sand.
N. Sanitary facilities. Any structure or other man-made device or vehicle
designed or used for human shelter, whether permanent or temporary,
including but not limited to tents and recreational vehicles or trailers,
both transportable and nontransportable, and which is not connected
to both an approved private or public sanitary system and potable
water system except for temporary human shelters situated in a licensed
campground where sanitary sewage disposal and potable water related
to the use of such structure, device, or vehicle is otherwise provided.
O. Public camping. Camping in any park or playfield owned by the City,
or on any sidewalk, street, alley, lane, public right-of-way, or under
any bridge or viaduct, or in any other public place to which the general
public has access, except in park areas licensed as a campground.
For purposes of this subsection, "camping" means the temporary use
of a structure, tent, recreational vehicle or trailer for purposes
of human shelter, which shelter is not connected to an approved private
or public sanitary disposal system or potable water system.
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 with the definition in §
313-2:
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 fermented malt beverages. All places
where intoxicating liquor or fermented malt beverages are sold, possessed,
stored, brewed, bottled, manufactured or rectified without permit
or license as provided for by the ordinances of the City.
D. Continuous violation of City ordinances. Any place or premises within
the City where City 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 or ordinances of the City. No adult person
shall permit premises under his or her control to serve or allow the
illegal consumption of intoxicating liquors or fermented malt beverages
or use of controlled substances by juveniles. This subsection does
not apply to alcohol beverages used exclusively as part of a religious
service.
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 in §
313-2:
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 to endanger
the public safety.
B. Illegal buildings. All buildings erected, repaired or altered in
violation of the provisions of the ordinances of the City relating
to materials and manner of construction of buildings and structures
within the City.
C. Unauthorized traffic signs. An unauthorized sign, signal, marking
or device placed or maintained upon or in view of any public highway
or railway crossing which purports 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. All limbs of trees which project over and less than 10 feet above any public sidewalk or less than 14 feet above a street or alley. Trees shall be trimmed and diseased or dead trees shall be removed in accordance with Chapter
390, Trees and Shrubs, of the City Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F. Fireworks. All use or display of fireworks, except as provided by
the laws of the state and ordinances of the City.
G. 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.
H. Wires over streets. All wires over streets, alleys or public grounds
which are strung less than 15 feet above the surface thereof.
I. Noisy animals or fowl. The keeping or harboring of any animal or
fowl which, by frequent or habitual howling, yelping, barking, crowing
or making other noises, shall greatly annoy or disturb a neighborhood
or any considerable number of persons in the City.
J. 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 City, 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 not in conformance with the permit.
K. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The City Council and Health Officer may abate health nuisances
in accordance with Ch. 823 and § 254.59, Wis. Stats., which
are adopted by reference and made a part of this chapter as if fully
set forth herein.
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 City
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 §
1-5 of this Code. Each day a violation continues shall be a separate offense for purposes of assessment of a forfeiture.