[HISTORY: Adopted by the Village Board of the Village of
Gresham as Ch. 10 of the prior Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village.
As used in this chapter, the following terms shall have the
meanings indicated:
A thing, act, occupation, condition or use of property which
shall continue for such length of time as to:
Substantially annoy, injure or endanger the comfort, health,
repose or safety of the public.
In any way render the public insecure in life or in the use
of property.
Greatly offend the public morals or decency.
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 definitions of § 213-2 of this chapter:
A.
Adulterated food. All decayed, 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 foods 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.
Privy vaults and garbage cans. Privy vaults and garbage cans which
are not flytight.
F.
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.
G.
Noxious weeds. All noxious weeds, as defined in § 66.0407,
Wis. Stats. In addition, other rank growth of vegetation, and all
weeds, grasses and plants over 12 inches in height, excluding trees
and shrubs, which:
(1)
Detract from the surrounding area and properties.
(2)
Become a possible fire hazard, as determined by the Fire Chief.
(3)
Become a health hazard due to their pollen or a potential cover for
disease-carrying rodents and other small animals.
(4)
Are of infectious or poisonous nature in or adjacent to a populated
area, regardless of height.
(5)
Become a potential hazard to vehicular traffic in vision clearance
triangles.
H.
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.
I.
Noxious odors, etc. Any use of property, substances or things within
the Village emitting or causing any foul, offensive, noisome, nauseous,
noxious or disagreeable odors, gases, effluvia or stenches 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.
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 Village.
K.
Animals running at large. All domestic animals running at large,
including, but not limited to, dogs and cats.
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 § 213-2 of this chapter.
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.
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 by this Code.
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 state laws or this Code.
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 § 213-2 of this chapter:
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 this Code relating to materials and
manner of construction of buildings and structures within the Village.
C.
Unauthorized traffic signs. All unauthorized signs, signals, markers
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 device, sign or signal.
D.
Obstruction of intersections. All trees, hedges, billboards or other
obstructions which obstruct streetlights or 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 and less than eight
feet above any public sidewalk or less than 15 feet above a street
or other public place.
F.
Dangerous trees. All trees which are injurious to public health or
safety because of a diseased or damaged condition, and the storage
of cut elm wood, unless such wood is debarked or sprayed with an effective
elm bark beetle destroying insecticide.
G.
Fireworks. All use, possession or display of fireworks except as provided by the laws of the state and Chapter 222, Peace and Good Order, of this Code.
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 and cables over streets. All wires and cables 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 this Code or which, although made in
accordance with this Code, 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.
M.
Refrigerators. All abandoned refrigerators or iceboxes from which
the doors and other covers have not been removed or which are not
equipped with a device for opening from the inside.
N.
Open pits, basements, etc. All open and unguarded pits, wells, excavations
and basements.
O.
Flammable liquids violations. Repeated or continuous violations of
this Code or the laws of the state relating to the storage of flammable
liquids.
A.
Public nuisances declared. The following are hereby declared to be
public nuisances wherever they may be found within the Village.
B.
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES,
TRUCK BODIES, TRACTORS, TRAILERS
IN THE OPEN
JUNK
MOTOR VEHICLE
UNLICENSED MOTOR VEHICLES, TRUCK BODIES, TRACTORS OR TRAILERS
Definitions. The words, phrases and terms used in this section shall
be interpreted as follows:
Motor vehicles, truck bodies, tractors or trailers in such
state of physical or mechanical ruin as to be incapable of propulsion
or being operated upon the public streets or highways.
Land which may be viewed from public streets or adjoining
property.
Worn out or discarded material of little or no value, including,
but not limited to, household appliances or parts thereof, machinery
and equipment or parts thereof, vehicles or parts thereof, tools,
discarded building materials or any other unsightly debris, the accumulation
of which has an adverse effect upon the neighborhood or Village property
values, health, safety or general welfare.
As defined in § 340.01(35), Wis. Stats.
Motor vehicles, truck bodies, tractors or trailers which
do not bear lawful current license plates.
C.
Storage of inoperable vehicles, etc.
(1)
Restricted. No person shall accumulate, store or allow any disassembled,
inoperable, junked or wrecked motor vehicles, truck bodies, tractors
or trailers in the open upon any public or private property in the
Village for a period exceeding 10 days.
D.
Storage of unlicensed vehicles, etc.
(1)
Restricted. No person shall accumulate, store or allow any unlicensed
motor vehicle, truck body, tractor or trailer in the open upon any
public or private property in the Village for a period exceeding 10
days.
E.
Storage of junk prohibited. No person, except a junk dealer licensed under Chapter 176, Junk Dealers, of this Code, shall accumulate, store or allow any junk outside of any building on any public or private real estate located in the Village.
F.
Storage of firewood.
(1)
Regulated. No person shall store firewood on any residential premises
except for use on the premises. No firewood pile may be located within
the front setback.
G.
Issuance of citation; action to abate. Whenever a police officer shall find any such vehicle or junk, as defined in Subsection B above, accumulated, stored or remaining in the open upon any property within the Village contrary to the provisions of Subsections C, D and E above, or firewood stored contrary to Subsection F above, he shall notify the owner of said property on which such vehicle, junk or firewood is located of the violation of this section. If such vehicle, junk or firewood is not removed within 10 days, the police officer shall cause a citation to be issued to the property owner or the occupant of the property upon which such vehicle, junk or firewood is located. In addition, action to abate such nuisance may be commenced, as provided in § 213-7 of this chapter.
H.
Penalty. Any person who shall be adjudicated to have violated any of the provisions of this section shall be subject to a forfeiture as provided in § 1-3 of this Code plus the costs of said prosecution and, upon default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until such forfeiture and costs are paid, but not to exceed 10 days. Each day that a violation of this section continues shall be deemed a separate offense.
A.
Enforcement. It shall be the duty of the Police Chief, the Fire Chief
and the Zoning Administrator to enforce those provisions of this chapter
that come within the jurisdiction of their respective 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 this section to abate a public nuisance unless the officer
shall have inspected or caused to be inspected the premises where
the nuisance is alleged to exist and have satisfied himself that a
nuisance does, in fact, exist.
B.
Summary abatement.
(1)
Notice to owner. If the inspecting officer shall determine that a
public nuisance exists within the Village and that there is great
and immediate danger to the public health, safety, peace, morals or
decency, the Village President may direct a police officer to serve
notice on the person causing, permitting or maintaining such nuisance
or upon the owner or occupant of the premises where such nuisance
is caused, permitted or maintained and to post a 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 Village shall cause the same
to be abated and will charge the cost thereof to the owner, occupant
or person causing, permitting or maintaining 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.
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 great and immediate danger
to the public health, safety, peace, morals or decency, he shall serve
notice on the person causing or maintaining the nuisance and the owner
of the property to remove the same within 10 days. If such nuisance
is not removed within 10 days, he shall report such fact to the Village
President, who may direct the Village Attorney to commence an action
in Circuit Court for the abatement of the 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, nor as prohibiting an action to be commenced in the Circuit Court seeking a forfeiture as provided in § 213-9 of this chapter.
E.
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, 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, 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.
A.
Noxious weeds and rank growth prohibited. No owner or occupant of any lot or parcel shall allow such property to become overgrown with any weeds or grass so as to constitute a public nuisance, as defined in § 213-3G of this chapter.
B.
Notification. The Village President shall annually, on or before May 15, publish a Class 2 notice, under Ch. 985, Wis. Stats., that every person is required by law to destroy all noxious weeds and other rank growth of vegetation, as defined in § 213-3G of this chapter, on land in the Village which he owns, occupies or controls.
C.
Enforcement. If a property owner fails to control the growth of such
weeds or rank growth of vegetation on his property, the Weed Commissioner
shall serve upon him notice as to this fact. If such owner fails to
abate this nuisance within five days after service of the notice,
the Weed Commissioner shall take action to abate such public nuisance.
D.
Costs. If the Village causes a nuisance to be removed as provided in Subsection C above, the actual cost thereof, together with an administrative fee equal to 10% of the actual cost, shall be charged to the property owner. If such charges are not paid by November 15 of the year in which they are billed, such charges, together with an additional administrative fee for collection equal to 10% of the total of such charges and fees, shall be extended on the next succeeding tax roll as a tax charged against the property affected and collected in the same manner as are other taxes, pursuant to § 66.0517, Wis. Stats.
In addition to the penalties provided in this chapter, any person who shall violate any provision of this chapter, or permit or cause a public nuisance, shall be subject to a penalty as provided in § 1-3 of this Code.
[Added 4-18-2023 by Ord. No. 2023-01]
A.
Findings and intent.
(1)
Repeat sexual offenders, sexual offenders who use physical violence
and sexual offenders who prey on children are sexual predators who
present an extreme threat to the public safety. Sexual offenders are
extremely likely to use physical violence and to repeat their offenses,
and most sexual offenders commit many offenses, have many more victims
than are ever reported, and are prosecuted for only a fraction of
their crimes. This makes the cost of sexual offender victimization
to society at large, while incalculable, clearly exorbitant.
(2)
It is the intent of this section not to impose a criminal penalty,
but rather to serve the Village's compelling interest to promote,
protect and improve the health, safety and welfare of the citizens
of the Village by creating areas around locations where children regularly
congregate in concentrated numbers wherein certain sexual offenders
and sexual predators are prohibited from establishing temporary or
permanent residence.
B.
CHILD
DESIGNATED OFFENDEER/SEX OFFENDER
MINOR
PERMANENT RESIDENCE
SAFETY ZONE
TEMPORARY RESIDENCE
Definitions. The following words, terms and phrases, when used in
the section shall have the meanings ascribed to them in this section,
except when the context clearly indicates a different meaning:
A person under the age of 16 for the purposes of the section.
Any person who is required to register under § 301.45,
Wis. Stats., for any sexual offense or any person who is required
to register under § 301.45, Wis. Stats., and who have been
designated a special bulletin notification (SBN) sex offender pursuant
to § 301.46(2) and (2m), Wis. Stats.
A person under the age of 18.
A place where the person abides, lodges, or resides for 14
or more consecutive days.
Any real property that supports or upon which there exists
any facility used to or that supports a school for children, licensed
day-care center, library, park, recreational trail, playground, place
of worship, or any other place designated by the Village as a place
where children are known to congregate.
A place where the person abides, lodges, or resides for a
period of 14 or more days in the aggregate during any calendar year
and which is not the person's permanent address, or a place where
the person routinely abides, lodges, or resides for a period of four
or more consecutive or nonconsecutive days in any month and which
is not the person's permanent residence.
C.
Sexual offender and sexual predator residence; penalties; exceptions.
(1)
Prohibited location of residence. It is unlawful for any designated
offender to establish permanent residence or temporary residence within
1,500 feet of any school, licensed day-care center, park, trail, playground,
place of worship, or any other place designated by the Village as
a place where children are known to congregate.
(2)
Prohibited activity. It is unlawful for any designated offender to
participate in a holiday event involving children under 18 years of
age, such as distributing candy or other items to children on Halloween,
wearing a Santa Claus costume on or preceding Christmas or wearing
an Easter Bunny costume on or preceding Easter. Holiday events in
which the offender is the parent or guardian of the children involved,
and nonfamilial children are present, are exempt from this section.
(3)
Measurement of distance.
(a)
For purposes of determining the minimum distance separation,
the requirement shall be measured by following a straight line from
the outer property line of a school, licensed day-care center, park,
trail, playground, place of worship, or any other place designated
by the Village where children are known to congregate.
(b)
The Village Clerk's office shall maintain an official map
showing prohibited locations as defined by this section. The Village
Clerk's office shall update the map at least annually to reflect
any changes in the location of prohibited zones. These shall be designated
on the map as child safety zones.
(4)
Penalties. A person who violates this section shall be punished by
a forfeiture not exceeding $500. Each day a person maintains a residence
in violation of this section constitutes a separate violation. The
Village may also seek equitable relief.
(5)
Exceptions. A designated offender residing within a prohibited area as described in Subsection C(1) above does not commit a violation of this section if any of the following apply:
(a)
The person established the permanent residence or temporary
residence and reported and registered the residence pursuant to § 301.45,
Wis. Stats., before the effective date of this section.
(b)
The person is a minor and is not required to register under
§ 301.45 or § 301.46, Wis. Stats.
(c)
The school, licensed day-care center, library, park, trail,
playground, place of worship, or any other place designated by the
Village as a place where children are known to congregate within 1,500
feet of the person's permanent or temporary residence was opened
after the person established the permanent or temporary residence
and reported and registered the residence pursuant to § 301.45,
Wis. Stats.
(d)
The person was placed by a Circuit Court judge or other member
of the judicial system in the County Jail, work release center or
other similar facility.
(e)
The person has been placed in a temporary living center/residence
or temporary living placement facility by the Department of Corrections
under electronic monitoring, there is an owner or designated agent
residing at the temporary living center/residence or temporary living
placement facility and the offender meets with and must be approved
by the Village of Gresham Sexual Predator Ordinance Committee for
placement.
D.
Safety zones.
(1)
A sex offender shall not enter upon or be present upon or within
a safety zone.
(2)
Safety zone exceptions. A sex offender who enters upon or who is
present upon or within a safety zone does not commit a violation of
this section if any of the following apply:
(a)
The property also supports a church, synagogue, mosque, temple
or other house of religious worship, subject to all of the following
conditions:
(b)
The property also supports a use lawfully attended by a sex
offender's natural or adopted child(ren), which child's
use reasonably requires the attendance of the sex offender as the
child's parent upon the property, subject to the following condition.
[1]
The sex offender's entrance and presence upon the property
occurs only during hours of activity related to the use as posted
to the public.
(c)
The property also supports a polling location in a local, state,
or federal election, subject to all of the following conditions:
[1]
The sex offender is eligible to vote;
[2]
The property is the designated polling place for the sex offender;
and
[3]
The sex offender enters the polling place property, proceeds
to cast a ballot with whatever usual and customary assistance is to
any member of the electorate, and vacates the property immediately
after voting.
(d)
The property also supports a school lawfully attended by a sex
offender as a student under which circumstances the sex offender may
enter upon the property supporting the school at which the sex offender
is enrolled, for such purposed and at such times as are reasonably
required for the educational purposes of the school.
(e)
The property also supports a court, government office or room
for public government meetings, subject to all of the following conditions:
E.
Property owners prohibited from renting real property to certain
sexual offenders and sexual predators; penalties.
(1)
It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a temporary or permanent residence by a person prohibited from establishing such permanent or temporary residence pursuant to this section, if such place, structure, part thereof, trailer or conveyance is located within a prohibited location zone described in Subsection C(1) above.
F.
Property owners and sales agents prohibited from selling real property
to certain sexual offenders and sexual predators; penalties.
(1)
It is unlawful for any owner, real estate broker, or real estate sales person to participate in the sale of any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a temporary or permanent residence by a person prohibited from establishing such permanent or temporary residence pursuant to this section, if such place, structure, part thereof, trailer or conveyance is located within a prohibited location zone as described in Subsection C(1) above.
(2)
Failure to comply with provisions of this section shall constitute
a violation of this section, and shall subject the person violating
this section to the code enforcement provisions procedures as provided
in this section.
G.
Appeal. The above requirements may be waived with the approval of
the Village Board upon appeal by the affected party. Such appeal shall
be made to the Sexual Offenders Appeals Board which shall receive
reports from the Shawano County Sheriff's Department on such
appeal. Said Board shall have authority to make the decision on the
applicant's appeal, with said decision to be final. The Chair
of said Board shall report to the Village Board on the action taken
by the Board, but said report shall be for informational purposed
only.
H.
Revocation of waiver. In the event that a sex offender is successful in his or her appeal under Subsection G above and subsequently commits another offense of a sexual and/or violent nature, the Sexual Offenders Appeals Board retains the authority to revoke its decision to waive the requirements of this subsection. The Board's decision on the matter will be final, and said decision will be reported to the Village Board for informational purposes only.
I.
Severability. The provisions of this subsection shall be deemed severable,
and it is expressly declared that the Village Board would have passed
the other provisions of this subsection irrespective of whether or
not one or more provisions may be declared invalid. If any provisions
of this subsection or the application to any person or circumstance
is held invalid, the remainder of the subsection or the application
of such other provisions to other persons or circumstances shall not
be affected.
