No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisances within the Village.
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 within the definition in §
387-2:
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 fly
tight.
F. Noxious
weeds. All noxious weeds and other rank growth of vegetation. All
weeds and grass shall be kept cut to a height not to exceed one foot.
A list of noxious weeds is available for review at the Village Office.
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 sense 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. Noise.
Any loud, discordant and unreasonable noises or vibrations of any
kind that generate numerous complaints.
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
Village or laws of the state relating to the storage of flammable
liquids.
M. 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 motorhomes, campers and 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.
N. Public camping.
Camping in any park or playfield owned by the Village, 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 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 purpose 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 within the definition in §
387-2:
A. Disorderly
houses. All disorderly houses, houses of ill fame, gambling houses
and buildings or structures kept or resorted to for lewdness, assignation
or prostitution, promiscuous sexual intercourse or gambling.
B. 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 Village and the State of Wisconsin.
C. 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.
D. Illegal
drinking.
(1) Any
place or premises resorted to for drinking intoxicating liquor or
fermented malt beverages in violation of the laws of the state or
ordinances of the Village and the State of Wisconsin.
(2) 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 by individuals under the age of 21 or use of controlled
substances by any individual. 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 §
387-2:
A. Signs,
billboards, etc. All permanent 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. An unauthorized sign, signal, marking or device placed
or maintained upon or in view of any public roadway or railway crossing
which purports to be or may be mistaken as an official traffic control
device, railroad sign or signal 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, street or other public place.
F. Dangerous
trees. All trees which endanger public safety.
G. Wires over
streets. All wires over streets, alleys or public grounds which are
strung less than 15 feet above the surface thereof which endanger
or interfere with public vehicular or pedestrian traffic.
H. Obstructions
or 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.
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; such cost shall be assessed
against the real estate as a special charge.