The following definitions shall be applicable in this chapter in addition to those definitions found in §
299-2 of Chapter
299, Housing Code, of this Code; in case of conflict, the most restrictive definition shall be applicable:
AGRICULTURAL USE
Any beekeeping, commercial feed lots, dairying, egg production,
floriculture, fish or fur farming, forest and game management, grazing,
livestock raising, orchards, plant greenhouses and nurseries, poultry
raising, raising of grain, grass, mint and seed crops, raising of
fruits, nuts and berries, sod farming, placing land in federal programs
in return for payments in kind, owning land, at least 35 acres of
which is enrolled in the conservation reserve program under 16 U.S.C.
§§ 3831 to 3836, participating in the milk production
termination program under 7 U.S.C. § 1446(d), and vegetable
raising.
APPLIANCE
Any household or office device, instrument, utensil, or apparatus
or machine that utilizes power, including, but not limited to, any
stove, washer, dryer, refrigerator, dishwasher, freezer, water heater,
water pump, furnace, television set, home entertainment device, any
computer or peripheral device or other electronic device.
BUILDING
Any building or structure or any portion of a building or
structure.
DEBRIS
Any litter, junk, wood, bricks, paper, cement, concrete blocks,
or any other unsightly accumulation of items or materials that may
tend to depreciate property values in the adjacent or near area, create
a blighted condition, present a substantial threat to public health
or safety, create a public nuisance or public safety or health hazard,
except when such items are determined by the Village Board, Village
committee or other agent of the Village to be stored or housed out
of public view and are not treated and maintained so as to be a public
nuisance.
EQUIPMENT
Goods used or bought for use primarily in a business or profession,
including farming.
HAZARDOUS WASTE
Any solid waste identified by the Wisconsin Department of
Natural Resources as hazardous under § 291.05(2), Wis. Stats.,
or its successor provisions.
JUNK
Scrap metal, metal alloy, wood, concrete, synthetic or organic
material, or any junked, inoperative, unlicensed, or unregistered
motor vehicle structures, equipment, furniture, appliances, or machinery,
or any part thereof. This definition of "junk" includes refuse, used
tires, parts of dismantled buildings, agricultural use equipment not
in usable condition, parts of agricultural use equipment, and contaminated
recyclable material.
JUNKED
Dismantled for parts or scrapped.
JUNKYARD
Any place which is owned, maintained, operated or used for
storing, keeping, processing, buying or selling junk, including refuse
dumps, garbage dumps, automobile graveyards, scrap metal processors,
auto-wrecking yards, salvage yards, auto-recycling yards, used auto
parts yards and temporary storage of automobile bodies or parts awaiting
disposal as a normal part of a business operation when the business
will continually have like materials located on the premises, and
sanitary landfills. The definition does not include litter, trash,
and other debris scattered along or upon the highway, or temporary
operations and outdoor storage of limited duration.
LOCAL ZONING AND LAND USE REGULATION
Any applicable Village Official Map, zoning, subdivision,
land division, platting, building code, building permit, or other
ordinance adopted pursuant to general police powers that is applicable
in any manner to the use of land.
MACHINERY
A device or assemblage of parts that transmits forces, motion
or energy from one part to another in a predetermined way by electrical,
mechanical or chemical means. "Machinery" does not include a building.
MOTOR VEHICLE
A vehicle, including a combination of two or more vehicles
or an articulated vehicle, that is self-propelled, except a vehicle
operated exclusively on a rail, with or without a current and valid
registration issued by the State of Wisconsin or other state to the
owner of the vehicles.
NOT REGISTERED
In reference to all-terrain vehicles, as defined in § 340.01(2g),
Wis. Stats., "snowmobiles" as defined in § 340.01(58a),
Wis. Stats., or "boat" as defined in § 29.001(16), Wis.
Stats., are those that are required to, but do not have nor bear any
current and valid State of Wisconsin registrations.
PUBLIC NUISANCE
A.
A thing, act, occupation, condition or use of property which
shall continue for such length of time as to:
(1)
Substantially annoy, injure or endanger the comfort, health,
repose or safety of the public;
(2)
In any way render the public insecure in life or in the use
of property;
(3)
Greatly offend the public morals or decency;
(4)
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.
B.
Any condition or use of premises or of building exteriors which
is detrimental to the property of others or which causes or tends
to cause substantial diminution in the value of other property in
the neighborhood in which such premises are located.
C.
Includes a property with nuisance vehicles as defined in Chapter
432, Vehicles, Abandoned and Junked, , and chronic nuisance premises and nuisance activities defined in §
327-10B of Chapter
327, Nuisances, of this Code.
SCRAP METAL PROCESSOR
A fixed location at which machinery and equipment are utilized
for the processing and manufacturing of iron, steel or nonferrous
metallic scrap into prepared grades and whose principal product is
scrap iron, scrap steel, or nonferrous metal scrap for sale for remelting
purposes.
SOLID WASTE
Any garbage, refuse, sludge, ash, paper, wood, metal, glass,
cloth, plastic, lumber, concrete, food waste, and other organics,
boxes, barrels, and other containers, tires, and other like materials.
"Solid waste" means any garbage, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility
and other discarded or salvageable materials, including solid, liquid,
semisolid, or contained gaseous materials resulting from industrial,
commercial, mining, and agricultural operations, and from community
activities, but does not include solids or dissolved materials in
domestic sewage, or solid or dissolved materials in irrigation return
flows or industrial discharges that are point sources subject to permits
under Ch. 283, Wis. Stats., or source material, as defined in § 254.31(10),
Wis. Stats., special nuclear material as defined in § 254.31(11),
Wis. Stats., or by- product material, as defined in § 254.31(1),
Wis. Stats. "Solid waste" includes paper, wood, metal, glass, cloth,
plastic, lumber, concrete, food waste, and other organics, boxes,
barrels, and other containers, tires and other like materials, debris
and junk.
SOLID WASTE FACILITY
A facility for solid waste treatment, solid waste storage
or solid waste disposal, and includes commercial, industrial, municipal,
state and federal establishments or operations such as, without limitation
because of enumeration, sanitary landfills, dumps, land disposal sites,
incinerators, transfer stations, storage facilities, collection and
transportation services and processing, treatment and recovery facilities.
This term includes the land where the facility is located. This term
does not include a facility for the processing of scrap iron, steel
or nonferrous metal using large machines to produce a principal product
of scrap metal for sale or use for remelting purposes. This term does
not include a facility which uses large machines to sort, grade, compact
or bale clean wastepaper, fibers or plastics, not mixed with other
solid waste, for sale or use for recycling purposes. This term does
not include an auto junkyard or scrap metal salvage yard.
UNLICENSED or UNREGISTERED
In reference to motor vehicles, mobile homes, manufactured
homes, camper trailers, recreational vehicles, truck bodies, semi-trailers,
or trailers, are those that are required for operation in the state,
but do not have nor bear required current and valid State of Wisconsin
licenses or registration.
VEHICLE
A.
Every device in, upon, or by which any person or property is
or may be transported. "Vehicle" includes, but is not limited to,
all of the following:
(5)
BOATSAs defined in § 29.001(16), Wis. Stats.
(14)
MOPEDSAs defined in § 340.01(29m), Wis. Stats.
(31)
Unlicensed demolition motor vehicles, unlicensed racing motor
vehicles, and go-carts, garden tractors, riding lawn mowers, and other
motorized tractors, motorized carts, and motorized utility vehicles
that require no registration or licensure by the State of Wisconsin.
VILLAGE COMMITTEE
A committee or commission established by the Village Board
to address and aid in regulation of those uses and activities that
may cause public nuisance or public health and safety threats in the
Village.
WILD ANIMAL
Any animal of a wild nature that is normally found in the
wild and that is not a domestic animal.
No person may create, contrive, erect, maintain, cause, continue,
install, construct or permit to exist in the Village of Sullivan a
public nuisance associated with, causing, or likely to cause danger,
disturbance, or injury to the public health or safety. The following
acts, uses, activities, things, occupations, places or physical conditions,
not properly and timely removed, after written notice to remove from
the Village Board to any owner or occupant of the land where the act,
use, activity, thing, occupation, place, or physical condition exists,
is located, or occurred or to any person responsible for the creation,
maintenance, or providing of the act, use, activity, thing, occupation,
place, or physical condition, are specifically declared to be a public
nuisance.
A. Noxious weed areas. Pursuant to §§
285-4,
285-5 and/or
285-6 of Chapter
285, Health and Sanitation, of this Code, any place in the Village of Sullivan where noxious weeds conditions are over eight inches high, are located on private or public land conditions and are not timely cut or removed within five days after posting or publication of a notice to destroy noxious weeds under § 66.0407, Wis. Stats., and §
285-4 of Chapter
285, Health and Sanitation, or within five days after receipt of written notice to remove such weeds from the Village of Sullivan.
B. Unburied animal carcass areas. Any place in the Village of Sullivan
where unburied animal carcasses are located on private or public land
and are not timely removed or discarded, including timely burial in
a sanitary manner, within five days after receipt of written notice
to remove such carcasses from the Village Board or designee. This
subsection does not apply to any animal or pet cemetery approved in
writing by the Village of Sullivan.
C. Noxious or polluted or waste areas. Any place in the Village of Sullivan
where noxious, nauseous, unwholesome, or polluted water and waste
are located on private or public land, including Village roads, highways,
bridges, sidewalks, alleys, or other public lands owned or controlled
by the Village, and these conditions are not timely removed within
30 days after receipt of written notice from the Village Board or
designee.
D. Noxious emission odor areas. Any place in the Village where noxious
odor, stench, or gas escapes or is emitted into the open air from
sources located on public or private land, and these conditions are
not timely removed or discontinued within 30 days after receipt of
written notice to remove from the Village Board. "Noxious odor" means
an odor that is extremely repulsive to the senses of ordinary persons
in the Village that seriously annoys or causes serious discomfort
or serious injury to the health or causes serious inconvenience to
the health or safety of a significant number of persons within the
Village, as determined by the Village Board.
E. Rat or vermin areas. Per §
285-9 of Chapter
285, Health and Sanitation, of this Code, any place in the Village where rats or other vermin are located or frequent, on public or private land, and those conditions are not removed or destroyed within 10 days after receipt of written notice to remove from the Village Board or designee.
F. Unauthorized human burial area. Any place in the Village where the
body of a deceased person or parts of a deceased person are located
and buried on private or public land in the Village without written
approval of the Village Board and are not timely removed within 30
days after receipt of written notice to remove from the Village Board.
This subsection does not apply to any established cemetery or burial
site grounds approved, owned and operated in accordance with Ch. 157,
Wis. Stats.
G. Hazardous, toxic or solid waste facility or site areas. Any place
or solid waste facility in the Village where the discharge, disposal,
storage or treatment of hazardous, toxic, or solid waste occurs on
private or public lands without approval and licensing or permitting
of the discharge, disposal, storage or treatment by all proper federal,
state, county and Village governing authorities and full compliance
with all applicable laws, rules, regulations or ordinances of the
federal, state, county or Village, and the activity or condition is
not timely removed or discontinued within 30 days after receipt of
written notice to remove from the Village Board. To constitute a public
nuisance under this subsection, an area, facility or site must threaten
or cause serious discomfort or serious injury to the health or cause
serious inconvenience to the health or safety of a significant number
of persons within the Village, as determined by the Village Board.
H. Dangerous wild animal areas. Any place in the Village where live dangerous wild animals are kept, sold, or in any manner controlled or possessed on private or public land without written approval of the Village Board and/or in violation of any applicable animal control ordinance in Chapter
152, Animals, Article
I, Dog Licensing; Regulation of Animals, of this Code, and the animals are not removed or destroyed within 10 days after receipt of written notice from the Village Board unless written approval of the Village Board is obtained within said time. To constitute a dangerous wild animal under this subsection, the species of animal must pose a threat to the safety of persons within the Village, including a keeper of such animal, as determined by the Village Board. It is not necessary that the Village Board finds that a specific animal is dangerous in order to find a nuisance under this subsection.
I. Improper sewage areas. Any place in the Village where effluent from
a septic system, sewer, holding tank, cesspool, or other human waste
container is located on private or public land and the effluent is
not timely removed or properly treated within 10 days after receipt
of written notice to remove from the Village Board or its designee.
J. Dangerous or dilapidated building areas. Any place in the Village
where a building or structure, the contents therein, or any associated
electrical, heat, water or sewer system located on public or private
lands is so old, dilapidated, or out of repair as to be dangerous,
unsafe, unsanitary, in violation of Village ordinances, or otherwise
render the building unfit for human habitation are not timely removed
or discontinued within 30 days of receipt of written notice to remove
from the Village Board or designee.
K. Dangerous tree areas. Any place in the Village where any trees or the tree's limbs located on private or public lands constitute a dangerous or unsafe condition per Chapter
425, Trees and Shrubs, of the Village of Sullivan Code, and these dangerous or unsafe conditions have not been timely removed within 30 days after receipt of written notice to remove from the Village Board or its designee.
L. Fire hazard areas. Any place in the Village where combustible materials
are located and stored on private or public lands and the materials
are not timely removed or safely stored within 10 days after receipt
of written notice from the Village Board, Building Inspector, Fire
Inspector or designee.
M. Improper encroachment or discharge areas. Any unauthorized or improper
encroachments and discharges, including solid waste, trees, limbs,
vehicles, structures, equipment, signs, manure, weeds, crops, and
other materials on any Village roadway or on other Village public
lands without written permission from the Village Board, and the improper
or unauthorized encroachment or discharge is not timely removed or
discontinued within 30 days of the receipt of written notice to remove
from the Village Board or designee.
N. Junked vehicles, refuse and appliances. Junked, unlicensed, disassembled or inoperable vehicles, refuse and appliances stored outside, in violation of § 432-8 of Chapter
432, Vehicles, Abandoned and Junked, of this Code, are public nuisances under this section.
O. Unlicensed or unregistered vehicles. Any place in the Village where upon private property an unlicensed or unregistered vehicle is parked, stored, or otherwise kept outside a building in violation of § 432-8 of Chapter
432, Vehicles, Abandoned and Junked, without the written permission of the Village Board or designee that is not timely removed or discontinued within 10 days of receipt of written notice to remove from the Village Board, or designee, unless applicable exemptions apply.
P. Animals at large. All animals running at large or otherwise in violation of any provision in Chapter
152, Animals, Article
I, Dog Licensing; Regulation of Animals, of this Code.
Q. Abandoned wells. All abandoned wells not securely covered or secured
from public use.
R. Improperly removed snow/ice. All snow and/or ice not removed from public sidewalks within 24 hours after it has ceased to fall or accumulate thereon in violation of §
299-7 of Chapter
299, Housing Code, of this Code.
No person shall create, continue, erect, maintain, cause, continue,
install, construct, or permit to exist in the Village of Sullivan
a public nuisance associated with, causing or likely to cause danger,
disturbance, or injury to public morals or decency. The following
acts, uses, activities, things, occupations, places, or physical conditions,
not properly and timely removed by the owner or occupant of the land,
after written notice to remove from the Village Board or designee
to the owner or occupant of the land where the public nuisance occurs
or to any person responsible for the creation, maintenance, or permitting
of such nuisance in the Village of Sullivan, are specifically declared
to be a public nuisance:
A. Improper establishments. Pursuant to § 823.09, Wis. Stats.,
whoever shall erect, establish, continue, maintain, use, occupy, or
lease any building or part of building, erection or place to be used
for the purpose of lewdness, assignation or prostitution, or permit
the same to be used, in the State of Wisconsin, shall be guilty of
a nuisance and the building, erection, or place, in or upon which
such lewdness, assignation or prostitution is conducted, permitted,
carried on, continued or exists, and the furniture, fixtures, musical
instrument and contents used therewith for the same purpose are declared
a nuisance, and shall be enjoined and abated.
B. Illegal drug houses. Pursuant to § 823.113(1), Wis. Stats.,
any building or structure that is used to facilitate the delivery,
distribution or manufacture, as defined in § 961.01(6),
(9) and (13), Wis. Stats., respectively, of a controlled substance,
as defined in § 961.01(4), Wis. Stats., or a controlled
substance analog, as defined in § 961.01(4m), Wis. Stats.,
and any building or structure where those acts take place, is a public
nuisance and may be proceeded against under § 823.113, Wis.
Stats.
C. Criminal gang houses. Pursuant to § 823.113(1), Wis. Stats.,
any building or structure that is used as a meeting place of a criminal
gang, as defined in § 939.22(9), Wis. Stats., or that is
used to facilitate the activities of a criminal gang, is a public
nuisance and may be proceeded against under § 823.113, Wis.
Stats.
D. Gambling houses. Pursuant to § 823.20, Wis. Stats., any
gambling place, as defined in § 945.01(4)(a), Wis. Stats.,
is a public nuisance and may be proceeded against under Ch. 823, Wis.
Stats.
E. Illegal alcohol houses. Pursuant to § 125.14(5), Wis. Stats.,
any building or place where alcoholic beverages or alcohol is sold,
possessed, stored, brewed, bottled, manufactured or rectified without
a valid permit or license issued under this chapter or Ch. 139, Wis.
Stats., or where persons are permitted to drink alcoholic beverages
in violation of Ch. 125, Wis. Stats., is a public nuisance and may
be closed until the activity in violation of Ch. 125, Wis. Stats.,
is abated. When the activity is abated, the building or place may
be used for any lawful purpose.
F. Continuous violation of Village ordinances. Any place or premises
within the Village of Sullivan where Village ordinances or state laws
relating to public health, safety, peace, morals or welfare are openly,
continuously, repeatedly and intentionally violated.
No person shall create, contrive, erect, maintain, cause, continue,
install, construct, or permit to exist in the Village of Sullivan
a public nuisance associated with, causing or likely to cause, potential
danger, disturbance or injury to the public peace and order. The following
acts, uses, activities, things, occupations, places, or physical conditions,
not properly and timely removed, after written notice to remove from
the Village Board or designee to the owner or occupant of the land
where the public nuisance occurred or is maintained or to any person
responsible for the creation, maintenance, or permitting of such nuisance
in the Village of Sullivan, are specifically declared to be a public
nuisance:
A. Loud noise areas. Per §
348-9 of Chapter
348, Peace and Good Order, of this Code, any place in the Village of Sullivan where any unreasonably loud, discordant and unnecessary sound conditions, including sounds from nonfarm animals or from any human created or aided sounds, including alleged music, is located on private or public land, without written approval of the Village Board or its designee and is not timely removed or discontinued within 10 days of the written receipt of notice to remove from the Village Board or designee.
B. Disorderly conduct area. Any place in the Village where unpermitted,
abusive, indecent, profane, or boisterous sounds, unpermitted fighting,
brawling, or rioting or other unpermitted disorderly conduct conditions
are located or occur on private or public lands and these disorderly
conditions have not been timely removed or discontinued within 10
days of receipt of written notice to remove from the Village Board
or designee.
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 traffic 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. Open excavations. All open and unguarded pits, wells, excavations
or unused basements accessible from any public street, alley or sidewalk.
F. Abandoned refrigerators. No person shall leave or permit to remain
outside of any dwelling, building or other structure, or within any
unoccupied or abandoned building, dwelling or other structure under
his/her control in a place accessible to children any abandoned, unattended
or discarded icebox, refrigerator or other container which has an
airtight door or lid, snap lock or other locking device which may
not be released from the inside without first removing said door or
lid, snap lock or other locking device from said icebox, refrigerator
or container, unless such container is displayed for sale on the premises
of the owner or his/her agent and is securely locked or fastened.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
G. 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.
H. Dangerous trees. All trees which are a menace to public safety or
are the cause of substantial annoyance to the general public.
I. Dilapidated buildings. All buildings or structures that are in violation
of Village ordinances and so old, dilapidated or out of repair as
to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
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
of Sullivan 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.