[HISTORY: Adopted by the Town Board of the Town of Oconomowoc 2-20-2023 by Ord. No. 2023-1.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 207,
Nuisances, adopted as Ch. 10 of the 1986 Town Code.
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Town.
A "public nuisance" is a thing, act, occupation, condition or
use of property which continues for such length of time as to:
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.
Greatly offend the public morals or decency.
D.
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 specifically declared to be public health nuisances; but, such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 207-2:
A.
Adulterated food: all decayed, adulterated or unwholesome food or
drink sold or offered for sale to the public.
B.
Carcasses, unburied: carcasses of animals, birds or fowl not intended
for human consumption or food which are not buried or otherwise disposed
of in a sanitary manner within 24 hours after death.
C.
Insects or vermin, breeding places for: accumulations of decayed
animal or vegetable matter, trash, rubbish, rotting lumber, bedding,
packing material, scrap metal or any material in which flies, mosquitoes,
disease-carrying insects, rats or other vermin can breed.
D.
Water, stagnant: all stagnant water in which mosquitoes, flies or
other insects can multiply.
E.
Garbage cans which are not flytight.
F.
Weeds, noxious: see § 66.0407, Wis. Stats.
G.
Pollution, water: 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.
H.
Odors, noxious: any use of property, substances or things within
the Town emitting or causing any foul, offensive, noisome, 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 Town.
I.
Pollution, street: any use of property which causes any noxious or
unwholesome liquid or substance to flow into or upon any street, gutter,
alley, sidewalk or public place within the Town.
J.
Pollution, air: the escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash, industrial dust or other atmospheric pollutants
within the Town or within one mile therefrom in such quantities as
to endanger the health of persons of ordinary sensibilities or threaten
or cause substantial damage to property in the Town.
K.
Animals, loose: any animals running at large in the Town.
The following acts, omissions, places, conditions and things are 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 § 207-2:
A.
An act of harassment as defined in Wis. Stats., § 947.013.
B.
Disorderly conduct as defined in Wis. Stats., § 947.01.
C.
Battery, substantial battery or aggravated battery as defined in
Wis. Stats., § 940.19.
D.
Indecent exposure as defined in Wis. Stats., § 944.20(1)(b).
E.
Keeping a place of prostitution, as defined in Wis. Stats., § 944.34,
or leasing a building for the purposes of prostitution.
F.
Theft as defined in Wis. Stats., § 943.20.
G.
Arson as defined in Wis. Stats., § 943.02.
H.
Possession, manufacture or delivery of a controlled substance or
related offenses as defined in Ch. 961 of the Wisconsin Statutes Annotated.
I.
Gambling as defined in Wis. Stats., § 945.02.
J.
Keeping a prohibited dangerous animal as defined in Wis. Stats.,
§ 7.48.
K.
Trespass to land as defined in Wis. Stats., § 943.13, or
criminal trespass to dwelling as defined in Wis. Stats., § 943.14.
N.
Discharge of a firearm in violation of the laws of the State of Wisconsin
and the ordinances of the Town.
O.
The production or creation of excessive noise in violation of the
laws of the State of Wisconsin or the ordinances of the Town.
P.
Loitering as defined by the Wisconsin Statutes or the ordinances
of the Town.
Q.
Public drinking upon the navigable waters of the State of Wisconsin
or artificial lakes or ponds within the Town which results in loud,
obnoxious, obscene, or destructive behavior to the detriment of the
other boaters, swimmers, kayakers, or users of the navigable waters;
surrounding homes, inhabitants, community; environment, fish life,
vegetation, or ecosystem of the navigable waters; or violates the
laws of the State of Wisconsin.
R.
Public drinking on premises without the requisite local, state, or
federal licensing or the sale, offering for sale, bartering or giving
away of any intoxicating liquors or fermented malt beverages without
a license as provided in Wis. Stats., § 125.04(1).
S.
Selling or giving away tobacco products to person under the age of
18 as defined in Wis. Stats., § 134.66.
T.
Misuse of emergency telephone numbers in violation of the laws of
the State of Wisconsin or the ordinances of the Town.
U.
Illegal sale, discharge and use of fireworks in violation of the
laws of the State of Wisconsin or the ordinances of the Town.
V.
Loitering or illegal drug activity in violation of the laws of the
State of Wisconsin or the ordinances of the Town.
W.
State fire code violations and local fire code violations as defined
in the ordinances of the Town.
X.
Housing code violations as defined in the ordinances of the Town.
Y.
Health code violations as defined in the ordinances of the Town.
Z.
Any place or premises within the Town where Town ordinances or the
laws of the State of Wisconsin relating to public health, safety,
peace, morals or welfare are openly and repeatedly violated.
AA.
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 unless authorized by the laws of the State of Wisconsin.
BB.
Gambling devices: all gambling devices and slot machines unless specifically
authorized by the laws of the State of Wisconsin.
CC.
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 the ordinances of the Town.
DD.
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 the ordinances of the Town.
The following acts, omissions, places, conditions and things are 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 § 207-2:
A.
Dangerous signs, billboards, etc.: all signs, 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 the Town ordinances relating to materials
and manner of construction of buildings and structures within the
Town.
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 official
traffic control devices, railroad signs or signals or which, because
of their color, location, brilliance or manner of operation, interfere
with the effectiveness of any such 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.
Fireworks: all use or display of fireworks except as provided by
the laws of the State of Wisconsin and Town ordinances.
F.
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.
G.
Low-hanging wires and cables: all wires and cables over streets,
alleys or public grounds which are strung less than 15 feet above
the surface thereof.
H.
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, greatly annoys or disturbs a neighborhood
or any considerable number of persons within the Town.
I.
Obstructions of streets; excavations: all obstructions of streets,
alleys, sidewalks or crosswalks, and all excavations in or under the
same, except as permitted by the ordinances of the Town, but including
those which, although made in accordance with such ordinances, 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. No person shall undertake any activity resulting in
the placement of mud, dirt, clay, sediment or other similar substance
upon any street, gutter, alley, sidewalk, or bike path within the
Town which creates a condition hazardous to others using the street,
gutter, alley, sidewalk, or bike path.
J.
Unlawful assemblies: any unauthorized or prohibited use of 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.
K.
Snow and ice: all ice not removed from public sidewalks and all snow
not removed from public sidewalks within 24 hours after it has ceased
to fall thereon.
L.
Any outdoor lighting wherein such lighting is of such brightness
or intensity, or so located or positioned, as to unreasonably interfere
with the use and enjoyment of adjacent, contiguous, or surrounding
premises. The complaint of the owners or users of such adjacent, contiguous,
or surrounding premises shall be deemed prima fascie evidence that
such lighting unreasonably interferes with the use and enjoyment of
their premises.
M.
Storage of junk: no person shall store junked or discarded property,
including, but not limited to, automobile parts, refrigerators, furnaces,
washing machines, stoves, machinery or machinery parts, wood, bricks,
cement blocks, or other unsightly debris which substantially depreciates
property values in the neighborhood, except in an enclosure which
houses such property from public view, or upon permit issued by the
Town or other appropriate governing body.
A.
Findings. The Town of Oconomowoc finds that certain premises and
navigable waters within the Town receive and require more than the
general, acceptable level of police and inspection services, place
an undue and inappropriate burden on the Town's services and
therefore the taxpayers, and constitute public nuisances. Nuisance
activity contributes to the general decay of an affected neighborhood
or lake and negatively impacts law-abiding residents in these neighborhoods
or lakes. This chapter is enacted to encourage premises owners or
riparian owners to recognize their responsibility to ensure that activities
occurring on their premises and navigable waters conform to the law
and do not unduly burden the Town's resources and to provide
a mechanism for the Town to take action against premises owners and
riparian owners who fail to ensure that they do not require a disproportionate
level of Town resources to be devoted to such premises or navigable
waters.
B.
Definitions. For the purposes of this section, "chronic nuisance
activity" means any circumstance that meets any of the following criteria:
(1)
When a premises owner or riparian owner who has generated three
or more calls for police which resulted in citation or any other form
of enforcement action on three separate days within a 180-day period.
Action includes action taken against any person associated with said
premises or riparian ownership while at or within 200 feet of said
premises, or upon navigable waters, for any condition or activity.
(2)
When a premises for which a Waukesha County court of law has
determined that, pursuant to a search warrant request, probable cause
exists that the manufacture, distribution or delivery of a controlled
substance has occurred on or in association with said premises within
30 days prior to the date of the search warrant application; or
(3)
Is a premises which has had an action associated with said premises
resulting from the manufacture, delivery or distribution of a controlled
substance as defined in the Wisconsin Statutes.
C.
"Chronic nuisance activity notice" means the notice issued by the
Chief of Police.
D.
Procedure. The Police Chief has the authority to determine whether
a chronic nuisance activity is deemed to have occurred; such determination
must then be submitted to the Town Board for confirmation. Upon the
Town Board's confirmation of such determination by the Police
Chief, the Chief of Police shall provide written notice of the determination
to the premises owner and/or riparian owner. The chronic nuisance
activity notice shall be deemed delivered if sent either by first-class
mail to the premises owner's and/or riparian owner's last
known address or delivered in person. If the premises owner and/or
riparian owner cannot be located, the notice shall be deemed to be
properly delivered if a copy of said notice is left at the premises
owner's or riparian owner's usual place of abode in the
presence of some competent member of the family at least 14 years
of age or a competent adult currently residing within the premises
and who shall be informed of the contents of said notice.
E.
Penalties. Any premises owner or riparian owner who receives a chronic
nuisance activity notice is subject to a penalty of $1,000 per occurrence
until the nuisance is abated. Any premise or riparian owner may be
subject to multiple chronic nuisance activity notices, all which come
with a $1,000 penalty if assessed by the Town Board.
F.
Continued violations. Each chronic nuisance activity notice received
by a premises owner or a riparian owner and each day a violation continues
or occurs shall constitute a separate offense. Nothing in this Code
shall preclude the Town from maintaining any appropriate action to
prevent or abate a violation of any provision of this Code.
A.
Enforcement. The Chief of Police, the Chief of the Fire Department, Building Inspector, Health Officer, or any of their respective designees (each an "inspecting officer") shall enforce those provisions of this Chapter 207 that come within the jurisdiction of their 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 an inspecting officer has inspected, or caused to be inspected, the premises or location where the nuisance is alleged to exist and has satisfied himself that a nuisance does in fact exist.
B.
Summary abatement. If an inspecting officer determines that a public
nuisance exists within the Town and that there is great and immediate
danger to the public health, safety, peace, morals or decency, the
Chairman 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 an inspecting officer determines that a public nuisance exists on private premises but that such nuisance does not threaten great and immediate danger to the public health, safety, peace, morals or decency, said inspection officer shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within 10 days, the proper inspection officer shall cause the nuisance to be removed as provided in Subsection B.
D.
Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement, or other enforcement actions or penalties
to be assessed as allowed herein, of public nuisances by the Town
or its officials in accordance with the laws of the State of Wisconsin.
E.
Court order. Except when necessary under Subsection B, an inspection officer hereunder shall not 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 Town
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.
Any person who shall violate any provision of this chapter, or any regulation, rule or order made hereunder, or permit or cause a public nuisance shall be subject to a penalty as provided in Chapter 1, General Provisions, Article I, of this Code. Each and every day for which a violation continues shall be deemed a separate violation, except that any chronic nuisance activity shall be subject to the provisions contained in Section § 207-5.1 of the Code.
