No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the City.
As used in this article, the following terms
shall have the meanings indicated:
PUBLIC NUISANCE
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 §
177-35:
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 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. 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 City emitting 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 City.
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 City.
J. Storage of junk, etc. The open storage of junk, refuse,
litter, garbage, soap or waste matter or disassembled or damaged motor
vehicles, whether awaiting repair or not.
K. Abandoned vehicles. No person shall leave unattended
any motor vehicle, trailer, semitrailer or mobile home on any public
street or highway or public or private property for such time and
under such circumstances as to cause the vehicle to reasonably appear
to have been abandoned. When any such vehicle has been left unattended
on any City street or highway or on any public or private property
within the City without the permission of the owner for more than
72 hours, the vehicle is deemed abandoned and constitutes a public
nuisance.
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 §
177-35:
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 the ordinances of the City.
D. Continuous violation of City ordinances. Any place
or premises within the City where City 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 City.
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 §
177-35:
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
City relating to materials and manner of construction of buildings
and structures within the City.
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. Tree limbs. All limbs of trees which project over
and less than 10 feet above any public sidewalk, street or other public
place and present a safety hazard.
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 City.
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 City.
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 City,
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 do not conform to the
permit.
L. Unlawful assembly. Any unauthorized or unlawful 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.
M. Flammable liquids. Repeated or continuous violations
of the ordinances of the City or laws of the State of Wisconsin relating
to the storage of flammable liquids.
[Added 1-25-2000 by Ord. No. 00-3]
A. Permit required. No person shall conduct with the
City any business which has a tendency to create a public nuisance
except upon permit issued by the Common Council and subject to such
conditions as the Common Council may impose.
B. Definition. A business which has a tendency to create
a public nuisance is one which, unless properly regulated, may create
the condition creating a public nuisance as defined in this chapter
C. This section is enacted pursuant to W.S.A. s. 66.052,
which is adopted by reference and made part of this section.
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 City 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.