[HISTORY: Adopted by the Village Board of the Village of
Howards Grove as Title 11, Ch. 6, of the 1993 Code of Ordinances.
Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village of Howards
Grove.
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 § 278-2:
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.
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 Village or within four miles thereof 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.
Animals at large. All animals running at large.
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 Village 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original Sec. 11-6-3(m), Brush, tree limbs, waste, of the 1993 Code of Ordinances and which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 290, Peace and Good Order, Art. III, Offenses Against Property, § 290-18A.
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 § 278-2:
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 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 § 278-2:
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. 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.
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. 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 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 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.
M.
Abandoned equipment. Abandoned, discarded, or unused objects or equipment
such as furniture, stoves, refrigerators, microwaves, lawn mowers,
freezers, cans, containers, lumber, trash, or debris.
[Amended 5-19-2020]
N.
Flammable liquids. Repeated or continuous violations of the ordinances
of the Village or laws of the State relating to the storage of flammable
liquids.
O.
Unremoved snow. All snow and ice not removed or sprinkled with ashes,
sawdust, sand or other chemical removers, as provided in this Code.
P.
Junked vehicles. Disassembled, dismantled, partly dismantled, inoperable, junked, wrecked, or unlicensed motor vehicles, recreational vehicles, truck bodies, tractors, trailers, boats, or campers in such state of physical or mechanical ruin as to be incapable of propulsion or of being legally operated upon public streets, highways, or waters, or which violate Chapter 297 of the Village of Howards Grove Code of Ordinances.
[Added 11-21-2017 by Ord.
No. 2017-03]
Q.
Appliances and junk. Any junk, wood, bricks, construction materials,
cement, concrete blocks, abandoned vehicles, machinery, or parts thereof,
lawn mowers, refrigerators, microwaves, furnaces, washing machines,
stoves, and other appliances or any other unsightly accumulation of
items or materials such as may tend to depreciate property values
in the area, or create a blighted condition, or create a hazard (except
when such items are properly housed and out of public view).
[Added 5-19-2020; amended 5-4-2021]
R.
Nuisance
vehicles. No vehicle shall be allowed to remain outside a closed building
upon public or private property within the Village for a period in
excess of one month unless it is in connection with a duly authorized
business enterprise in a properly zoned area.
[Added 5-4-2021]
S.
Abandonment
of vehicles. No person shall abandon any vehicles within the Village,
and no person shall leave any vehicles at any place within the Village
for such time and under such circumstances as to cause such vehicle
to appear to have been abandoned.
[Added 5-4-2021]
T.
Parking
on lawns prohibited.
[Added 5-4-2021]
(1)
Except as provided in Subsection T(1) of this section, no motor vehicle as defined in § 340.01(35), Wis. Stats., no trailer as defined in § 340.01(71), Wis. Stats., no mobile home as defined in § 340.01(29), Wis. Stats., or any boat of any kind may be parked upon premises zoned as or used for residential purposes, including the front, back, or side yard of such premises, unless it is within a garage, within a parking stall on a paved parking lot of a multifamily dwelling, or upon a paved or unpaved driveway leading directly from the roadway to a garage or to a parking stall.
(2)
Exceptions.
(a)
The owner or occupant of a residential property may obtain a twenty-four-hour exemption from the provisions of Subsection T(1) above for a specific social event by advising the Village President of the date and time of the event in advance of the commencement of the event. In the event such notice is received, the Village President shall refrain from enforcing Subsection T(1) for the period requested, unless, in its sole discretion, the President determines that the preservation of public safety at and around that particular residential property requires continued enforcement of Subsection T(1). Notice of such events shall be given to the Village President by the owner or occupant on a form to be provided by the Village Office.
A.
Summary abatement.
(1)
Notice to owner. If the inspecting officer determines that a public
nuisance exists within the Village and that there is a danger of 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 not less than 24 hours or greater than five
days and shall state that unless such nuisance is so abated, the Village
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 Village. 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
shall file a written report of such findings with the Village President
who, upon direction of the Village Board, shall cause an action to
abate such nuisance to be commenced in the name of the Village in
the Sheboygan County Circuit Court in accordance with the provisions
of Ch. 823, Wis. Stats.[1]
C.
Court order. Except where necessary under Subsection A, an officer hereunder 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.
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 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 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.
A.
Enforcement. The law enforcement officer, Fire Chief, Building Inspector, or other designated Village official 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 § 278-6 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.[1]
