[HISTORY: Adopted by the Town Board of the Town of West Bend 6-8-2021 by Ord. No. 2021-02. Amendments noted where applicable.]
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.