No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village of Orfordville.
[HISTORY: Adopted by the Village Board of the Village of Orfordville as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-31-1992 as Title 11, Ch. 6 of the 1992 Code]
A public nuisance is a thing, act, occupation, condition or use of property which shall continue 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 hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 225-2:
A.
Adulterated food. All decayed, harmfully 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 food 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 (other than composting sites), trash, rubbish, rotting lumber, bedding, packing material, scrap metal, tires 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.
Garbage cans. Garbage cans which are not flytight.
F.
Noxious weeds. All noxious weeds and other rank growth of vegetation.
G.
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.
H.
Noxious odors, etc. Any use of property, substances or things within the Village or within four miles thereof or causing any foul, offensive, noisome, nauseous, 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 Village.
I.
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.
J.
Animals at large. All animals running at large.
K.
Accumulations of refuse. Accumulations of old cans, lumber, elm firewood and other refuse.
L.
Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the 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.
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 § 225-2:
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, other than state-authorized programs.
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 the ordinances of the Village.
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 the laws of the State of Wisconsin or ordinances of the Village.
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 § 225-2:
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 the ordinances of the Village relating to materials and manner of construction of buildings and structures within the Village.
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 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.
Tree limbs. All limbs of trees which project over a public sidewalk or ditch area of the right-of-way 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.
F.
Dangerous trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.
G.
Fireworks. All use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the Village.
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 over streets. All wires 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 the ordinances of the Village, or 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.
L.
Open excavations. All open and unguarded pits, wells, excavations or unused basements accessible from any public street, alley or sidewalk.
M.
Abandoned 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.
Flammable liquids. Repeated or continuous violations of the ordinances of the Village or laws of the state relating to the storage of flammable liquids.
O.
Unremoved snow. All snow and ice not removed or sprinkled with ashes, sawdust, sand or other chemical removers, as provided in this Code.
A.
Enforcement. The Chief of Police, Village Board, Fire Inspector and the Building Inspector shall enforce those provisions of this chapter 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 the officer shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and has satisfied himself that a nuisance does in fact exist.
B.
Summary abatement. 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 Board, upon the recommendation of the appropriate department head, 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 the inspecting officer shall determine that 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 to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper 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 of public nuisances by the Village or its officials in accordance with the laws of the State of Wisconsin.
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, such cost to be assessed against the real estate as a special charge.
[Adopted 10-13-2025]
The Village Board finds that any property that has generated three or more calls during a ninety-day period for police or fire department service for nuisance activities has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the Village. The Village Board therefore directs the Chief of Police as provided in this article, to charge the owners of such premises the costs associated with abating the violations at premises at which nuisance activities chronically occur.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Means the chief of police or his or her designee.
Means arrest, the issuance of a citation or the issuance of a verbal or written warning.
Means any officer in the Village of Orfordville Police Department or any deputy in the Rock County Sheriff's Department.
Means any of the following activities, behaviors or conduct whenever engaged in by premises owners, operators, occupants or persons associated with a premises:
Any act of harassment as defined in Wis. Stats. § 947.013.
Disorderly conduct as defined in Wis. Stats. § 947.01.
Battery, substantial battery or aggravated battery as defined in Wis. Stats. § 940.19.
Lewd and lascivious behavior as defined in Wis. Stats. § 944.20(1)(b).
Prostitution, as defined in Wis. Stats. § 944.30.
Keeping a place of prostitution as in Wis. Stats. § 944.34 or leasing a building for the purposes of prostitution.
Theft as defined in Wis. Stats. § 943.20.
Receiving stolen property, as defined in Wis. Stats. § 943.34.
Burglary as defined in Wis. Stats. § 943.10.
Entry to locked vehicle as defined in Wis. Stats. § 943.11.
Criminal damage to property as defined in Wis. Stats. § 943.11.
Arson as defined in Wis. Stats. § 943.02.
Possession, manufacture or delivery of a controlled substance or related offenses as defined in Wis. Stats. Ch. 961.
. Gambling as defined in Wis. Stats. § 945.02.
Keeping a prohibited dangerous animal.
Obstructing or resisting an officer as defined in Wis. Stat. § 946.41.
Graffiti as defined in Wis. Stats. § 943.017.
Personal assistance or health calls, which relate to non-life-threatening situations and that are normally and ought be addressed by private care providers or otherwise tended to without engaging village resources.
Discharge of a firearm or any other related firearm or dangerous weapons offense, state or municipal, including carrying a concealed weapon, air gun, pellet gun, or paint ball gun.
The production or creation of excessive noise. (§ 240-10)
Loitering. (§ 240-8)
Public drinking or any underage alcohol code violations.
Owning, keeping, having or harboring any bird or animal that causes a disturbance of the peace.
Misuse of emergency telephone numbers.
Means:
A property that substantially annoys, injures or endangers the comfort, health, repose or safety of the public and/or in any way renders the public insecure in life or in the use of property by any of the following means:
Causing law enforcement to respond to the property three or more times in a ninety-day period for actual or alleged violations of State Statutes and/or Village ordinances;
Receiving more than the general and adequate level of law enforcement response thereby placing an undue and inappropriate burden on the Village's taxpayers; or
Generating excessive complaints to law enforcement and/or to the Village's administration from the surrounding property owners that may or may not prompt ordinance and/or code enforcement citations.
A premises for which a court of law has determined that, pursuant to a search warrant requested, probable cause exists that manufacture, distribution or delivery of a controlled substance has occurred on or in association with the premises; or
A premises which has one enforcement action associated with the premises resulting from the manufacture, delivery or distribution of a controlled substance as defined in Wis. Stats. Ch. 961.
Means the owner of the premises or his or her agents.
Means any person who, whenever engaged in a nuisance activity, enters, patronizes, visits or attempts to enter, patronize or visit, or waits to enter, patronize or visit, a premises or person present on a premises, including any officer, director, customer, agent, employee or independent contractor of a premises owner.
Means an individual dwelling unit or an individual business premises and areas associated with such unit or premises.
Means any single-family dwelling, multi-family dwelling, mobile home or manufactured home or any non-residential building used for commercial, business, industrial, recreational, educational, religious or charitable purposes.
Means any member of the Village Board, or any designee thereof.
A.
Whenever the Chief determines that the Police Department has responded to three or more Nuisance Activities that have occurred at a property during any consecutive ninety-day period, the Chief may notify the Premises' Owner in writing that the property constitutes a chronic nuisance. In calculating the requisite Nuisance Activities, the Chief may count separate qualifying Nuisance Activities occurring on the same day (as long as they are distinct in time) or different days. The Chief may consider whether or not to count a qualifying Nuisance Activity when it is reported by a Person Associated with the Premises under circumstances that would encourage and not penalize reporting and that it would facilitate police response for the benefit of the community.
(1)
The notice shall contain the street address or legal description sufficient to identify the Premises, a description of the Nuisance Activities that have occurred at the Premises, a statement indicating that the cost of future enforcement may be assessed as a special charge against the Premises, and a notice as to the appeal rights of the owner.
(2)
Pursuant to § 66.0627(7), Wis. Stats., Police Department responses related to a) domestic abuse, as defined in § 813.12(1)(am), b) sexual assault, as described under §§ 940.225, 948.02, and 948.025, or c) stalking, as described in § 940.32, shall not be used in calculating the nuisance activities to constitute a chronic nuisance.
B.
The notice required in Subsection A immediately above shall be deemed to be properly delivered if sent either by first-class mail to the Premises' Owner's last known address (deemed delivered on the third day after depositing in mail) or if delivered in person to the Premises' Owner. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by first-class mail to the last known address of the Owner as identified by the Village's records.
C.
Whenever the Chief determines that the Police Department has responded to two or more Nuisance Activities related to the manufacture or delivery of controlled substances or related offenses, as defined in Chapter 961 of the Wisconsin Statutes, that have occurred at a Premises during any consecutive thirty-six-month period, the Chief may notify the Premises' Owner in writing that the Premises constitutes a chronic nuisance.
Any Owner receiving notice pursuant to this section shall meet with the Chief within five days of receipt of such notice. The parties shall review the Nuisance Activities occurring at the Premises for the purpose of determining the appropriate abatement plan for the Premises. If the parties cannot agree, the Chief shall prepare an abatement plan that best provides for the protection of the public health, safety and welfare. Within 10 days of this meeting, unless the Chief agrees in writing to a longer period, the owner shall comply with the abatement plan agreed upon with or prepared by the Chief to end the nuisance activity on the premises. The plan shall also specify a name, address, telephone number and, if applicable, a fax number and e-mail address of a person living within 60 miles of the Premises who can be contacted in the event of further police, fire, or inspection contact.
In addition to any other penalty(ies) imposed by State Statutes and/or Village ordinances, the cost to abate Nuisance Properties shall be collected as a debt from the Property Owner and shall be assessed against the Property as a special charge.
A.
Enforcement. Law enforcement, as defined above, shall enforce the provisions of this article.
B.
General penalty. Any person who violates any provision of this article shall be subject to, not only the penalties outlined in this article, but shall be subject to a penalty:
(1)
First offense. Any person who shall violate any provision of this article or any regulation, rule, or order made hereunder shall forfeit and pay to the Village $313, together with the costs of prosecution.
(2)
Subsequent offenses. Any person who shall violate any provision of this article or any regulation, rule, or order made hereunder within 12 months after committing a previous violation shall forfeit and bond amount of not more than $1,000 or amount determined by the municipal judge, together with the costs of prosecution.