[HISTORY: Adopted by the Common Council of the City of Colby
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-5-1995 as
Title 11, Ch. 6, of the 1995 Code]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City of Colby.
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 or value
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 § 334-2:
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.
Garbage cans. Garbage cans which are not flytight.
F.
Noxious weeds. All noxious weeds and other rank growth of vegetation.
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 or within four miles thereof 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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.
K.
Accumulations of refuse. Accumulations of old cans, lumber, elm firewood
and other refuse.
L.
Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash or industrial dust within the City limits or
within one mile therefrom in such quantities as to endanger the health
of persons of ordinary sensibilities or to threaten or cause substantial
injury to property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 § 334-2:
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, except
as permitted by state law.
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 in 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 of Wisconsin or ordinances of the City.
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 § 334-2:
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 City relating
to materials and manner of construction of buildings and structures
within the City.
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 their color, location, brilliance or manner of operation, interfere
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 a public sidewalk
less than 10 feet above the surface thereof and all limbs which project
over a public street less than 14 feet above the surface thereof.
F.
Dangerous trees. All trees which are a menace to public safety or
are the cause of substantial annoyance to the general public.
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. All 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 City.
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 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 which do not conform to the permit.
L.
Open excavations. All open and unguarded pits, wells, excavations
or unused basements accessible from any public street, alley or sidewalk.[2]
M.
Flammable liquids. Repeated or continuous violations of the ordinances
of the City or laws of the state relating to the storage of flammable
liquids.
The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances affecting property values, but such enumeration shall not be construed to exclude other nuisances affecting property values within the definition of § 334-2:
A.
Debris. Broken concrete, bricks, blocks, or other mineral matter,
bottles, porcelain and other glass or crockery, boxes, lumber, posts,
sticks, or other wood, paper, rags, cardboard, rubber, plastic, wire,
tin and metal items, discarded household goods or appliances, tar
paper, residues from burning or any similar materials which constitute
health, fire or safety hazards or a serious blighting influence upon
a neighborhood or the City of Colby in general.
B.
Rubbish. Any combustible or noncombustible waste materials, except
garbage, which would not be considered debris.
C.
Deterioration. The condition of a building or part thereof characterized
by holes, breaks, rot, crumbing, peeling, rusting or other evidence
of physical decay or neglect, lack of maintenance or excessive noise.
All exterior wood and composition surfaces shall be properly protected
from the elements and against decay by paint, stain or other protective
coating.
A.
Summary abatement.
(1)
Notice to owner. If the inspecting officer determines that a public
nuisance exists within the City and that there is a danger to public
health, safety, peace, morals or decency, notice may be served by
the inspecting officer or an authorized deputy on the person causing,
maintaining or permitting such nuisance or on the owner or occupant
of the premises where such nuisance is caused, maintained or permitted;
and a copy of such notice shall be posted on the premises. Such notice
shall direct the person causing, maintaining or permitting such nuisance,
or the owner or occupant of the premises, to abate or remove such
nuisance within a period of not less than 24 hours nor greater than
seven days and shall state that unless such nuisance is so abated,
the City will cause the same to be abated and will charge the cost
thereof to the owner, occupant or person causing, maintaining or permitting
the nuisance, as the case may be.
(2)
Abatement by City. If the nuisance is not abated within the time
provided or if the owner, occupant or person causing the nuisance
cannot be found, the officer having the duty of enforcement shall
cause the abatement or removal of such public nuisance.
B.
Abatement by court action. If the inspecting officer determines that
a public nuisance exists on private premises, but that the nature
of such nuisance is not such as to threaten great and immediate danger
to the public health, safety, peace, morals or decency, the inspector
or sanitarian shall file a written report of such findings with the
Mayor, who, upon direction of the Council, shall cause an action to
abate such nuisance to be commenced in the name of the City in Circuit
Court in accordance with the provisions of Ch. 823, Wis. Stats.
C.
Court order. Except where necessary under Subsection A, no officer hereunder shall use force to obtain access to private property to abate a public nuisance, but the officer 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.
D.
Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the City or its
officials in accordance with the laws of the State of Wisconsin.
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. Such cost shall be assessed
against the real estate as a special charge.
A.
Enforcement. The Chief of Police, Fire Chief, Director of Public Works and Building Inspector shall enforce those provisions of this chapter that come within the jurisdiction of their offices, and they shall make periodic inspections and inspections upon complaint to ensure that such provisions are not violated. No action shall be taken under § 334-6 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 is satisfied that a nuisance does, in fact, exist.
[Adopted 10-5-1995 as
Title 10, Ch. 5, § 10-5-8, of the 1995 Code]
No disassembled, inoperable, junked or wrecked motor vehicles,
truck or automobile bodies, tractors, trailers, farm machinery, vehicle
parts or tires or inoperable appliances shall be stored outside an
enclosed building upon private residential property or nonresidential
property within the City of Colby for a period exceeding 10 days unless
it is in connection with an authorized business enterprise located
in a properly zoned area maintained in such a manner as to not constitute
a public nuisance.
As used in this article, the following terms shall have the
meanings indicated:
Motor vehicles, recreational vehicles, truck or automobile
bodies, tractors, farm machinery or trailers in such state of physical
or mechanical ruin as to be incapable of propulsion or incapable of
operating upon the public streets or highways or which are otherwise
not in safe or legal condition for operation on public streets or
highways due to missing or inoperative parts, flat or removed tires,
expired or missing license plates or other defects.
Any stove, washer, refrigerator or other appliance which
is no longer operable in the sense for which it was manufactured.
Any motor vehicle which meets any two of the following criteria:
The motor vehicle is incapable of immediate propulsion upon
request by an officer;
The motor vehicle is unlicensed, missing license plates or said
motor vehicle's registration has expired;
The motor vehicle is severely damaged or partially dismantled,
missing tires or one or more tires is flat and without air pressure;
The motor vehicle has not been moved from its location for more
than 10 days.
Shall have the same definition as defined in § 340.01(35),
Wis. Stats., and shall include snowmobiles and all-terrain vehicles.
This article shall not apply to any motor vehicle or motor vehicle
accessories stored on the premises of a full-time, ongoing business
enterprise operated in a lawful place and manner in a properly zoned
area when necessary to the operation of such business enterprise,
in a storage place or depository maintained in a lawful place and
manner or seasonal-use vehicles such as snowmobiles, motorcycles,
motor scooters and nonmotorized campers, provided such vehicles are
stored in compliance with the ordinances of the City. Also excepted
are motor vehicles registered pursuant to §§ 341.265
and 341.266, Wis. Stats. In other situations, the Common Council may
issue temporary permits permitting an extension of not to exceed an
additional 30 days' time to comply with this article where exceptional
facts and circumstances warrant such extension.
A.
Whenever the Police Department shall find any vehicles, truck or
automobile bodies, vehicle parts or tires or appliances, as described
herein, placed or stored in the open upon private property within
the City, it shall notify the owner of said property on which said
vehicle or appliance is stored of the violation of this article. If
said vehicles, part thereof or appliance is not removed within five
days, the Police Department shall cause to be issued a citation to
the property owner or tenant of the property upon which said vehicle
or appliance is stored.
B.
If such vehicle or appliance is not removed within 20 days after issuance of a citation, the Chief of Police shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in Chapter 427, Vehicles, Abandoned and Junked, §§ 427-3 through 427-6, by the Chief of Police or his/her duly authorized representative. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle or appliance cannot readily be found, the cost of such removal shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.
Any person who shall interfere with the enforcement of any of the provisions of this article and shall be found guilty thereof shall be subject to a penalty as provided in § 1-3, General penalty, of the City Code. Each motor vehicle or appliance involved shall constitute a separate offense.
