For this chapter, the following definitions shall apply.
AGRICULTURAL USE
Any beekeeping, commercial feed lots, dairying, egg production,
floriculture, fish farming, forest, and game management, grazing,
livestock raising, poultry raising, orchards, plant greenhouses or
nurseries, and the raising of grain, grass, trees, mint, seed crops,
fruit, nuts, berries, sod, and vegetables. Owning land, at least 35
acres of which is enrolled in the conservation reserve program under
16 U.S.C. §§ 3831 to 3835. Participating in the milk
production termination program under 7 U.S.C. § 1446(d).
APPLIANCE
Any household or office device, instrument, utensil, apparatus,
or machine that utilizes power, including but not limited to stoves,
clothing washers, clothing dryers, refrigerators, dish washers, freezers,
water heaters, water pumps, furnace, televisions, home entrainment
device, copiers, computers or peripheral devices, or other home or
office electronic devices.
BUILDING
Includes 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, or create a public nuisance or hazard. Exceptions are determined
by the Town Board or agent of the Town Board, while ensuring public
health, safety and public nuisance is not visible or a public risk.
EQUIPMENT
Goods bought and used primarily in a business, including
agricultural.
HAZARDOUS WASTE
All solid or liquid waste identified by the State of Wisconsin,
Department of Natural Resources as hazardous under § 291.05(2),
Wis. Stats.
JUNK
Scrap metal, metal alloy, wood, concrete, synthetic or organic
materials. Inoperative, unlicensed, or unregistered vehicles, structure,
equipment, furniture, appliances, or machinery, or any part thereof.
"Junk" includes refuse, used tires, parts of dismantled buildings,
agricultural use equipment not in usable condition, parts of agricultural
use equipment, and contaminated recyclable materials.
PUBLIC NUISANCE
A thing, act, occupation, condition, or use of property that
continues in the Town for such time as to do any of the following:
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.
Continually present unsightly debris conditions that present
a safety hazard to the public and provide harbor habitat for insects,
rodents, and wild animals.
D.
Greatly offend the public morals or decency.
E.
Unlawfully and substantially interfere with, obstruct, or attempt
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.
No person may create, contrive, erect, maintain, cause, continue,
install, construct, or permit in the Town 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 Town Board
to any owner or occupant of the land where the public nuisance was
specifically declared:
A. Noxious or polluted or waste areas. Any place in the Town where noxious,
nauseous, unwholesome, or polluted water and waste are located on
private or public land, including Town roads, or other public lands
owned or controlled by the Town, and those conditions are not timely
removed within 10 days after receipt of written notice from the Town
Board.
B. Noxious emissions odor areas. Any place in the Town where noxious
odor stench or gas escapes or is emitted into the open air from sources
located on public or private land, and those conditions are not timely
removed within 10 days after receipt of written notice from the Town
Board.
C. Water pollution. The pollution of any public/private well or cistern,
stream, lake, canal, or other body of water by sewage, chemical waste,
or other harmful substances.
D. Privy vaults and garbage receptacles which are not flytight or maintained
in good operating and visual conditions as intended.
E. Vermin areas. Any place in the Town 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 Town Board.
F. Dangerous or dilapidated building area. Any place in the Town where
a building or structure, the contents of the building structure, or
any associated electrical, heat, water, sewer system located on public
or private lands is so old, dilapidated, or out of repair as to be
dangerous, unsafe, unsanitary, or otherwise unfit for human habitation,
and the conditions that are dangerous, unsafe, unsanitary, or otherwise
render the building unfit for human habitation are not timely removed
or discontinued with 10 days of receipt of written notice from the
Town Board.
G. Dangerous tree areas. Any place in the Town where any trees or tree
limbs located on private or public lands constitute a dangerous or
unsafe condition, and these dangerous or unsafe conditions have not
been removed with 10 days.
H. Fire hazard area. Any place in the Town where combustible materials
is located and stored on private and public lands and the materials
are not timely removed.
I. Improper encroachment or discharge areas. Any unauthorized or improper
encroachments and discharges, including solid waste, trees, limbs,
vehicles, structures, equipment, equipment parts, signs, manure weeds,
crops, and other materials on any Town roadway or on other private
and public lands without the written permission from the Town Board,
and the improper or unauthorized encroachment or discharge is not
timely removed or discontinued within 10 days.
J. Junked vehicle and junked part areas. Any place in the Town within
500 feet of the center line of any Town road, or within 750 feet of
the center line of any county trunk, state trunk, or state and federal
highway where junked vehicles or junked vehicle parts are accumulated
or stored or any place in the Town where junked vehicles or parts
are accumulated or stored outside of a building for a period exceeding
72 hours if upon public property, or for a period exceeding 30 days
if upon private property, without obtaining a junked vehicle permit
from the Town.
K. Junk and debris areas. Any place in the Town where junked or abandoned vehicles (otherwise not subject to Subsection
J) or junked or abandoned appliances, equipment, or machinery are accumulated or stored for a period exceeding 72 hours if upon public property, or for a period exceeding 30 days if upon private property, and any place.
No person may create, continue, erect, maintain, cause, install,
construct, or permit to exist in the Town 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 Town Board to the owner or occupant of the land
where the public nuisance occurs, or to any person responsible for
the nuisance in the Town, are specifically declared to be a public
nuisance as follows:
A. Bawdyhouses. Pursuant to § 823.09, Wis. Stats., whomever
erects, establishes, continues, maintains, uses, occupies, or leases
any building or parcel, or place to be used for the purposes of lewdness,
assignation, or prostitution, or permits the same to be so used in
the Town.
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 alcohol beverages or alcohol is sold, possessed, stored, brewed, bottled, manufactured, or rectified without a valid permit or license issued under Chs.
125 or 139, Wis. Stats., or where persons are permitted to drink alcohol 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.
No person may create, contrive, erect, maintain, cause, continue,
install, construct, or permit to exist in the Town 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
Town Board to the owner or occupant of the land where the public nuisance
occurred or is maintained in the Town, or to any person responsible
for the creation, maintenance, or permitting of such nuisance in the
Town, are specifically declared to be a public nuisance:
A. Loud noise areas. Any place in the Town where any unreasonably loud,
discordant, and unnecessary sound conditions, including sounds from
vehicle, equipment, machinery, firearms, fireworks, music sound systems
or enclosed domestic or other animals, or from any human-created or
-aided sounds, including music systems, is located on private or public
land without written approval or properly permitted by the Town of
West Bend.
B. Disorderly conduct areas. Any place in the Town where unpermitted,
abusive, indecent, profane, or boisterous sounds, unpermitted fighting,
brawling, or rioting, or other unpermitted disorderly conduct conditions,
are located on private or public lands.
C. Frivolous emergency calls. Any place, residence or individuals that
engage in a continued and repetitive use of emergency calls placed
either directly or through the 911 system, and that have been determined
by the responding services to be a misrepresentation and/or a nonemergency.
Frivolous and continued nonemergency calls directly affect the public
safety by drawing valuable resources away from potential and critical
occurrences, as well as directly disturb the peace of the neighborhoods,
residents, and the Town of West Bend.
D. Animal disturbances. 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 Town of West Bend.
E. Unlawful assembly. Any unauthorized or nonpermitted use of property
or public lands and waters abutting along public street, highway,
road, sidewalk, path, trail, or water body which causes large crowds
of people to gather, obstructing traffic and free use of public thoroughfares.
F. Signage. All signs and billboards, awnings, and other similar structures
over or near public thoroughfares, public grounds or places frequented
by the public, so situated or constructed as to endanger the public
safety.
G. Visual obstructions. All trees, hedges or other obstructions which
prevent persons driving vehicles on public streets, highways, roads,
paths, and trails from obtaining a clear view of traffic when approaching
an intersection or crosswalks.
H. Structures. All building or structures that have become dilapidated,
out of repair, condemned and determined to be dangerous, unsafe, unsanitary,
or otherwise unfit for human or animal/pet use.
I. Open pits. All open and unguarded pits, wells, excavations, or unused
basements freely accessible from any public street, highway, road,
path, and trails.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
No person shall leave unattended or stored any vehicle, regardless of the vehicles physical condition, registration, or license held, any appliance, equipment, or machinery, or parts thereof, on any public street, public road, public highway, or other public property in the Town, including the road right-of-way, for such time and under such circumstances as to cause the vehicle, appliance, equipment, or machinery to reasonably appear to have been abandoned. When any vehicle, machinery, appliance, or equipment has been left unattended, parked, or stored on any public street, road, highway, or other public property, including road right-of-way, within the Town for a period more than 72 hours, the vehicle, structure, machinery, appliance, or equipment is presumed by the Town to be abandoned and a public nuisance and may be removed in accordance with § 342.40, Wis. Stats., and the owner of the vehicle is subject to the imposition of forfeitures under §
193-8 of this chapter.
Whenever complaints are made to the Town Chairperson that a
public nuisance exists within the Town of West Bend, the Chairperson
shall promptly notify the Town of West Bend Chief of Police, Health
Officer or Building Inspector, who shall forthwith inspect or cause
to be inspected the premises complained of and shall make a written
report of the finding to the Town Chairperson. Whenever practicable,
the inspecting officer shall cause photographs to be made of the premises
and shall file the same in the office of the Town Clerk.
If the inspecting officer shall determine that a public nuisance
exists within the Town of West Bend, and that there is great and immediate
danger to the public health, safety, peace, morals, or decency, the
Town Chairperson shall:
A. Notice to owner. The Town Chairperson shall direct the Chief of Police
to serve notice on the person causing, permitting, or maintaining
such nuisance or upon the owner or occupant of the premises which
such nuisance is caused, permitted, or maintained and to post copy
of said notice on the premises. Such notice shall direct the person
causing, permitting, or maintaining such nuisance or the owner or
occupant of the premises to abate or remove such nuisance within 24
hours and shall state that, unless such nuisance is so abated, the
Town of West Bend will cause the same to be abated and will charge
the cost thereof to the owner, occupant or person causing, permitting,
or maintaining the nuisance.
B. Abatement by Town. If the nuisance is not abated within the time
provided or if the owner, occupant, or person causing the nuisance
cannot be found, the Chief of Police, Health Official, or other Town
designated representative, shall cause the abatement or removal of
such public nuisance.
C. Abatement by court action. 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 immediate danger to the
public health, safety, peace, morals or decency, the officer shall
file a written report of findings with the Town Chairperson, who shall
cause an action to abate such nuisance to be commenced in the name
of the Town of West Bend in the Circuit Court of Washington County
in accordance with the provisions of the Wisconsin Statutes.
D. Cost of abatement. In addition to any other penalty imposed by this
chapter for the erection, contrivance, creation, continuance or maintenance
of a public nuisance, and if notice to abate the nuisance has been
provided to the owner, occupant, or person causing, permitting, or
maintaining the nuisance, such cost shall be assessed against the
real estate as a special charge.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
Any person who shall violate any part of this chapter shall,
upon conviction thereof, forfeit $100 for the first offense, $250
for the second offense, and $500 for the third, together with the
costs of prosecution, and, in default of payment of such forfeiture
and costs, shall be imprisoned in the county jail until said forfeiture
and costs of prosecution, together with subsequent costs, shall be
paid, but not to exceed 90 days.