[HISTORY: Adopted by the City Council of the City of Edgerton 3-1-1993 by Ord. No. 2-93 (Ch. 17 of the 1993 Municipal Code). Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the City.
A public nuisance is a thing, act, failure to act, occupation,
or use of property, which:
A.
Endangers safety. Shall annoy, injure, or endanger the safety, health,
comfort or repose of any person.
B.
Offends decency. Shall offend the public decency.
C.
Obstruct passage. Shall unlawfully interfere with, obstruct or tend
to obstruct or render dangerous for passage a navigable stream, canal,
or basin on a public park, square, street, alley or highway.
D.
Insecure in use or property. Shall in any way render any person insecure
in life or in use of property.
The following are hereby declared to be public nuisances affecting
health:
A.
Decayed food. All decayed or unwholesome food offered for sale to
the public.
C.
Stagnant water. All ponds, pools of water, or vessels holding stagnant
water in which mosquitoes can breed.
D.
Contaminated milk. Milk produced by cows which have not been tested
and found free from tuberculosis within the year previous to the offering
of such milk for sale to the public.
F.
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.
G.
Garbage cans. Privy vaults and garbage cans which are not flytight,
and all surface privies, privy vaults, dry closets and cesspools maintained
without a permit from the Building Inspector.
H.
Water pollution. The pollution of any public well or cistern, stream
or body of water by sewerage, creamery or industrial wastes, or other
substances.
I.
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.
J.
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.
L.
Offensive trades. Offensive trades and businesses not carried on
in a manner so as to safeguard public health or safety.
M.
Distribution of medicine. The distribution of samples of medicine
or drugs unless such samples are placed in the hands of any person
over 15 years of age unless accompanied by parent or guardian.
N.
Objectionable vegetative cover and noxious weeds.
[Amended by Ord. No. 97-5; Ord. No. 02-11; 12-21-2020 by Ord. No. 20-11]
(1)
Public Works Director appointed. The Office of Public Works Director for the City of Edgerton is hereby established. The Public Works Director shall be appointed pursuant to § 101-19 of this Code. The Public Works Director of the City shall enforce this subsection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Responsibility of owner or occupant.
(a)
Every owner or occupant of any premises in the City shall destroy
or mow any growth of ground cover or weeds of a height equal to or
greater than six inches on such premises. Weeds for purposes of this
chapter shall include Canada thistle, leafy spurge, field bindweed,
(creeping jenny) and such other rank vegetable growth that exhales
unpleasant or noxious odors and any other vegetation commonly known
as weeds. This section shall also apply to the boulevard in front
of or along any premises.
(b)
Every owner or occupant of any premises having a lawn shall
cut and maintain such lawn at a height not exceeding six inches on
such premises as well as the boulevard in front of or along such premises.
All areas that are not covered by vegetation shall be treated to prevent
erosion, and the blowing or scattering of dust particles into the
air.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Published notice. The Public Works Director shall, annually, on or before April 15 and again on or before May 15, cause to be published in the official newspaper a notice to the effect that weeds are required to be destroyed as provided in this chapter and lawns are required to be mowed as provided in this chapter, and that if the same are not so destroyed, action will be taken pursuant to § 288-3N(4). At no time thereafter shall any weed or lawn growth exceeding six inches in height be permitted.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
City action. After 10 days from the first annual publishing of a
notice given as stated in this chapter, the City may destroy any weeds
not so destroyed or mow lawns not so mowed and assess the expense
therefor against such property as a special charge thereon.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
Other notice. In the event a person whose duty it shall be to mow
or destroy the vegetation in accordance with this section fails to
do so, the Public Works Director shall serve either personally or
by mail a special or additional notice requiring the destruction or
mowing. This notice shall contain the regulations described in this
section and shall be provided one time during the growing season prior
to the Public Works Director performing the work. No special or additional
notice is required for subsequent violations. Failure to provide said
special or additional notice does not void any action authorized by
this or other sections of the City Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(6)
City-owned property. It shall be the duty of the Public Works Director
to apply the provisions of this chapter to City-owned property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(7)
Exceptions. Exceptions to the requirements in 288-3N(1) through (6)
above are specifically granted for the following. Noxious weeds are
prohibited in all areas including the areas of exception listed below.
(a)
Any land owned or leased by the Wisconsin Department of Natural
Resources or the City of Edgerton that is preserved as a natural area
by design.
(b)
Any land in a natural floodplain, wetland or waterway that has
been allowed to remain in its natural state to enhance water quality
of those bodies of water.
(c)
Any land within the railroad right-of-way.
(d)
Wooded areas or in treelines where the distance between trees
effectively prevents mowing of vegetation.
(e)
Parcels exceeding two acres in size.
(f)
On platted lands (subdivisions or developments) where a development
agreement provides for specific regulation of ground cover maintenance.
(g)
Rain gardens.
(h)
Natural lawn areas.
[1]
Natural lawns defined. "Natural lawn," as used in this section, shall include common species of grass and wild flowers native to North America, which are designed and purposely cultivated to exceed six inches in height from the ground. Specifically excluded in "natural lawns" are the noxious grasses and weeds identified in § 288-3N of this chapter. The growth of a natural lawn in excess of six inches in height from the ground surface shall be prohibited within the City corporate limits unless a natural lawn/management plan is approved and a permit is issued by the City as set forth in this section. Natural lawns shall not contain litter or debris and shall not harbor undesirable wildlife.
[2]
Natural lawn management plan defined. "Natural lawn management
plan," as used in this section, shall mean a written plan relating
to the management and maintenance of a lawn upon which the planted
grass will exceed six inches in length. The plan shall be submitted
on a form provided by the City.
[3]
Natural lawn area regulations. Property owners who wish to plant
and cultivate a natural lawn must submit their written plan and related
information on the form provided by the City. Natural lawn management
plans may be filed by the property owner only. Applicants are strictly
prohibited from developing a natural lawn on any of the following:
[a]
City-owned property including street rights-of-way.
[b]
Property located between the sidewalk and the street
or a strip not less than 10 feet adjacent to the street where there
is no sidewalk.
[c]
Areas included in the vision triangle as defined in § 450-36 of the City Code if the vegetation exceeds the provisions of that section.
[d]
Areas within 10 feet of a public right-of-way or
within four feet of a side lot line of an abutting property. The abutting
property owner may waive the four-foot restriction by written notice
to the Public Works Director to allow the natural lawn area to be
established in the four-foot setback area. Such waiver is to be affixed
to the lawn management plan.
[4]
Application process.
[a]
Property owners interested in applying for permission
to establish a natural lawn shall obtain and complete an application
form from the Public Works Director. The completed application shall
include a natural lawn management plan and a fee as set by the City
Council in the current Fee Schedule, on file in the City Hall.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[b]
If the property owner's application is in full
compliance with the natural lawn management plan requirements, the
Public Works Director shall issue a permit to install a natural lawn.
Upon issuing a permit, the Public Works Director shall send a notice
of the approved permit to neighboring property owners which include
each of the owners of record of the property situated immediately
adjacent or across a street (if the natural lawn area in the front
yard) from property for which the permit was issued.
[5]
Application for appeal. The property owner may appeal the Public
Works Director's decision to deny the natural lawn permit request
to the City Council. All applications for appeal shall be submitted
within 15 calendar days of the notice of denial of the natural lawn
management plan. The decision rendered by the City Council shall be
final and binding.
[6]
Safety precautions for natural grass areas.
[a]
When, in the opinion of the Fire Chief, the presence
of a natural lawn may constitute a fire or safety hazard due to weather
and/or other conditions, the Fire Chief may order the cutting of natural
lawns to a safe condition. As a condition of receiving approval of
the natural lawn permit, the property owner shall be required to cut
the natural lawn within the three days upon receiving written direction
from the Fire Chief.
[b]
Natural lawns shall not be removed through the
process of burning unless stated and approved as one of the management
and maintenance techniques in the lawn management plan. The Fire Chief
shall review all requests to burn natural lawns and shall determine
if circumstances are correct and all applicable requirements have
been fulfilled to ensure public safety. Burning of natural lawns shall
be strictly prohibited unless a written permit to burn is issued by
the Fire Chief.
[7]
Revocation of an approved natural lawn management permit. The
Public Works Director shall have the authority to revoke an approved
natural lawn management plan permit if the owner fails to maintain
the natural lawn or comply with the provisions set forth in this section.
Notice of intent to revoke an approved natural lawn management plan
permit shall be appealable to the City Council. All applications for
appeal shall be submitted within 15 calendar days of receipt to the
written Notice of intent to revoke the approved natural lawn management
plan. Failure to file an application for appeal within the 15 calendar
days shall result in the revoking of the natural lawn management plan
permit. All written applications for appeal filed within the 15-calendar-day
requirement shall be reviewed by the City Council in an open meeting.
The decision rendered by the City Council shall be final and binding.
[8]
Public nuisance defined; abatement after notice. The growth
of natural lawn as defined in this section shall be considered a public
nuisance unless a natural lawn management plan has been filed and
approved and a permit is issued by the City as set forth in this section.
Violators shall be served with a notice of public nuisance to the
last-known mailing address of the property owner.[1]
O.
Miscellaneous. All other acts, omissions of acts, occupations, and
uses of property, which are in fact a menace to the public health.
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 § 288-2.
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 not otherwise
permitted under state law.
C.
Unlicensed sale of liquor or 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 ordinance of the City.
D.
Continuous violation of City ordinances. Any place or premises within
the City where the City ordinances or state laws relating to public
health, safety, peace, morals or welfare are openly, continuously
and repeatedly 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.
A.
Public nuisance. The City Council, having determined that the health
of any tree within the City that is threatened by a fatal, contagious
disease, such as Dutch Elm Disease or Emerald Ash Borer, hereby declares
the following to be public nuisances:
B.
Inspection. The Public Works Director shall inspect or cause to be inspected all premises and places within the City periodically to determine whether any public nuisance as defined in § 288-5A of this section exists thereon, and shall also inspect or cause to be inspected any tree or wood reported or suspected to be infected with a contagious disease.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)[1]]
[1]
Editor's Note: In this section of the chapter "Building Inspector"
has been updated to "Public Works Director."
C.
Abatement of nuisance.
(1)
If the Public Works Director, upon inspection and examination, determines
that any public nuisance as herein defined exists in or upon any public
street, alley, park or other public place, including the terrace strip
curb and lot line, within the City, and that the danger to other trees
within the City is imminent, he shall immediately cause it to be removed
and burned or otherwise abate the same in such manner as to destroy
or prevent as fully as possible the spread of the disease or the insect,
pests or vectors known to carry such diseases.
(2)
If the Public Works Director determines with reasonable certainty
that any public nuisances as herein defined exists in or upon private
premises and that the danger to other trees within the City is imminent,
he shall immediately serve upon the owner of such property, if he
can be found, or upon the occupant thereof, a written notice to abate
such nuisance within 30 days of the service of said notice. If such
owner or occupant does not abate or provide evidence of suitable treatment
of said nuisance within the time limited, the Public Works Director
shall cause the same to be abated. No damages shall be awarded to
the owner for destruction of any tree, wood or any part thereof pursuant
to this section.
(3)
If the Public Works Director is unable to determine with reasonable certainty or not a tree in or upon private premises is infected with a contagious disease, the Inspector shall notify the Wisconsin Department of Agriculture at Madison, Wisconsin, and shall proceed as provided in § 288-5C(2) of this section upon receipt of a positive report from the Department.
(4)
In all cases where the Public Works Director shall determine upon
inspection that any public nuisance as defined herein exists in or
upon any public or private premises, but that the danger to other
trees within the City is not imminent because of dormancy, he shall
make a written report of his findings to the City Council and shall
proceed as provided in § 27.09(4), Wis. Stats.
D.
Treatment of diseased trees. Whenever it is determined in accordance with § 288-5B of this section that any tree or part thereof is infected with a contagious disease, the Public Works Director may cause to be sprayed or otherwise treated all high value trees of similar species within a 1,000-foot radius thereof with an effective pesticide, providing such treatment shall be performed during the appropriate season.
E.
Assessment of costs of abatement and treatment.
(1)
The entire cost of abating any public nuisance with regard to diseased
trees or of treating any diseased tree or part thereof may be chargeable
to and assessed against the parcel or lot abutting on the street,
alley, boulevard or parkway upon or in which such tree is located
or the parcel or lot upon which such tree stands. The cost of abating
any such nuisance or treating any diseased tree or part thereof which
is located in or upon any park or public grounds shall be borne by
the City.
(2)
The Public Works Director shall keep strict account of the costs of work done under this section and shall report to the City Administrator all work done for which assessments are to be made, stating and certifying the description of the land, lots, parts of lots or parcels of land and the amounts chargeable to each lot or parcel, and such amounts shall be levied and assessed against said parcels or lots in the same manner as other special taxes. Before such assessments are entered on the tax roll, the City Council shall hold a public hearing on the proposed assessments and shall give advance notice in accordance with § 55-20 of this Code.
F.
Transporting of wood prohibited. No person shall transport within,
into, or out of the City any infected wood or material without first
securing the written permission of the Public Works Director.
G.
Interference with Public Works Director. No person shall prevent,
delay, or interfere with the Public Works Director or any of his agents
or employees while they are engaged in the performance of duties imposed
by this section.
[Amended by Ord. No. 12-13]
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 § 288-2.
A.
Tree roots. All trees placed or set so close to any street that the
roots of the same penetrate the public sewer.[1]
B.
Tree limbs. All limbs of trees which project over a public sidewalk
or street and which are less than nine feet above the surface of such
public sidewalk and 14 feet above the surface of such street.
C.
Wires. All wires over streets, alleys, or public grounds which are
strung less than 15 feet above the surface of the ground.
D.
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.[2]
E.
Buildings. All buildings and all alterations to buildings made or
erected within the fire limits as established by this City Code in
violation of said Code concerning manner and materials of construction.
F.
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 purpose 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.[3]
G.
Obstructions of streets and excavations. All obstructions of streets,
alleys, sidewalks or crosswalks, and all excavations in or under the
same, except as permitted by this City Code, or which, although made
in accordance with such Code, 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.
H.
Unlawful assembly. Any unauthorized or unlawful use or 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.[4]
I.
Signs. All hanging signs, awnings and other similar structures over
the streets or sidewalks so situated or constructed as to endanger
public safety.
J.
Ice. The allowing of rainwater, ice or snow to fall from any building
or structure upon any sidewalk and permitting the same to freeze and
taking no precautions to safeguard the public in using such walk while
such snow or ice is accumulated thereon.[5]
K.
Bushes obstructing view. All shrubs or bushes located near any street,
alley, sidewalk or right-of-way used by the public which obstruct
the view of persons traveling thereon.
M.
Open burning.
(1)
Prohibition. No person(s) shall kindle or maintain any open burning
or authorize the kindling or maintaining of any open burning within
the corporate limits of the City of Edgerton.
(2)
Exceptions. The following open burning shall be permitted notwithstanding § 288-6M(1) above:
(a)
Outdoor cooking in a grill or fireplace or campfire in an open
pit where the cooking surface and/or the campfire surface is less
than 25 square feet. In addition, materials to be burned shall be
limited to wood logs and charcoal briquettes and shall not include
any garbage, refuse or recyclable materials.
[Amended by Ord. No. 97-30]
N.
Outdoor solid-fuel-heating devices.
(1)
OUTDOOR SOLID-FUEL-HEATING DEVICES
Definition. As used in this subsection, the following terms shall
have the meanings indicated:
An outdoor device, structure, building or apparatus which
supplies direct or indirect heat from the burning of solid fuel, including
but not limited to wood, to another building.
(2)
Use prohibited. Outdoor solid-fuel-heating devices are prohibited
and shall not be installed or operated within the City of Edgerton.
O.
Motor vehicle noise levels. No person shall operate a motor vehicle
so as to cause unreasonable and excessive noise levels within the
corporate limits of the City of Edgerton whether by excessive horn
blowing, by excessive racing of the motor, by having a modified or
inadequately maintained exhaust or braking system, or by any other
means. Excessive noise caused by emergency situation maneuvers will
not be ticketed when the operator is attempting to avoid a collision
with a pedestrian, animal, fixed object or other motor vehicle. Emergency
situations are defined as circumstances which could not reasonably
be foreseen by an alert motor vehicle operator.
[Amended by Ord. No. 00-05]
A.
Declared to be nuisance. Unsheltered storage of old, unused, stripped, junked and other automobiles not in good and safe operating condition; disassembled or inoperable and unlicensed or wrecked automobiles; and any other vehicles, machinery, implements, appliances, equipment and personal property of any kind which is no longer safely usable for the purposes for which it was manufactured, which hereinafter are collectively described as "junk," openly visible for a period of 30 days or more (except in licensed junkyards on private property) within the City, is hereby declared to be a nuisance and dangerous to the public safety. (See also § 375-11 of this Code, Abandoned or disabled motor vehicles.)
B.
Abatement. The owner, owners, tenants, lessees or occupants of any
lot within the City upon which such storage is made, and also the
owner, owners or lessees of such junk involved in such storage (all
of whom are hereinafter referred to collectively as "owners") shall
jointly and severally abate such nuisance by the prompt removal of
such junk into completely enclosed buildings authorized to be used
for such storage purposes, if within the City, or otherwise to remove
it to a location outside the City.
(1)
Storage on public property. No junk, as defined in § 288-7A above, shall be stored or allowed to remain upon public property. Whenever the Chief of Police shall find any such junk placed or stored upon public property within the City, he shall cause such material to be removed by junk or salvage yards and stored in such junk or salvage yards for a period of 30 days, at the end of which time such junk or salvage yard shall dispose of said material, unless previously claimed by the owner. If such material is claimed by the owner, the junk or salvage yard shall charge a reasonable fee for handling and storage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Storage on private property. Whenever the Chief of Police shall find
any junk placed or stored in the open upon private property within
the City, he shall notify the owner of the property upon which said
junk is placed or stored of the intention of the City to remove said
junk. If any junk is not removed within 10 days after such notice,
the Chief of Police shall cause such material to be removed, the cost
of such removal, and the charges shall be entered as a special charge
on the tax roll. Upon removal, the junk shall be stored in a junkyard
or salvage yard or other suitable place for 30 days, and the owner
thereof shall be notified of its whereabouts, if the name and the
whereabouts of the owner of the material can be readily ascertained.
At the end of such time, such junk shall be disposed of unless previously
claimed by the owner. If such junk is claimed by the owner, all reasonable
charges for handling and storage shall be paid by the owner.
C.
Cost of abatement. Whenever the owners fail to abate such nuisance,
the City shall remove the junk to a location of its selection, the
cost of which shall be billed to the owners, jointly or severally.
If the owners do not pay such costs, the costs shall be placed on
the next tax roll as a special charge against the real estate from
which the junk was removed.
A.
Enforcement. The Chief of Police, the Chief of the Fire Department,
and the Public Works Director shall enforce those provisions of this
chapter that come with the jurisdiction of their offices, and they
shall make periodic inspections and inspections upon complaint to
insure that such provisions are not violated. No action shall be taken
under this section to abate a public nuisance unless the officer shall
have inspected or caused to be inspected the premises where the nuisance
does in fact exist.
B.
Summary abatement. If the inspecting officer shall determine that
a public nuisance exists within the City and that there is great and
immediate danger to the public health, safety, peace, morals or decency,
the Mayor may direct the proper officer to cause the same to be abated
and charge the cost thereof to the owner, occupant or person causing,
permitting or maintaining the nuisance, as the case may be.
C.
Abatement after notice. If the inspecting officer shall determine 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, he shall service notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisances to be removed as provided in § 288-8B.
D.
Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the City of its
officials in accordance with the laws of the State of Wisconsin.
E.
Court order. Except when necessary under § 288-8B, no officer hereunder shall 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.
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.
