[HISTORY: Adopted by the Village Board of the Village of Johnson Creek 12-1-1994 by Ord. No. 12-94 as §§ 42.01 to 42.04, 42.07 and 42.10 of the 1994 Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village of Johnson Creek.
As used in this chapter, 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; or
- 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 "public nuisance" in § 177-2 of this chapter:
All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
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.
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.
All stagnant water in which mosquitoes, flies or other insects can multiply.
Privy vaults and garbage cans which are not flytight.
All noxious weeds and other rank growth of vegetation.
All animals running at large or in any food-handling establishment.
The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants 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 in the Village.
The pollution of any public well or cistern, creek, stream, lake, canal or other body of water by sewage, creamery or industrial wastes or other substances.
Any use of property, substances or things within the Village of Johnson Creek 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 Village.
All abandoned wells not securely covered or secured from public use.
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.
No appliances shall be stored unenclosed outside a building upon private property within the Village for a period exceeding 30 days, unless the appliance is stored in connection with an authorized business enterprise located on a properly zoned area and maintained in such a manner as to not constitute a public nuisance.
[Added 8-5-2004 by Ord. No. 29-04]
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 "public nuisance" in § 177-2 of this chapter:
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.
All gambling devices and slot machines.
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.
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 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 "public nuisance" in § 177-2 of this chapter:
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.
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.
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.
All limbs of trees which project over and are less than 14 feet above the surface of a public sidewalk or street or less than 10 feet above any other public place and all trees which exist contrary to § 210-10 of this Code.
All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human use.
All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.
All loud, discordant and unnecessary noises or vibrations of any kind, including such noises caused by operation of any motor vehicle.
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.
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.
All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
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.
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.
Repeated or continuous violations of the ordinances of the Village or laws of the State of Wisconsin relative to the storage of flammable liquids.
All snow and ice on sidewalks not removed or sprinkled with ashes, sawdust, sand or other chemical removers as provided in § 210-9 of this Code.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Original § 42.02(5), Junked motor vehicles, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 221, Vehicles and Traffic.
Inspection of premises. Whenever a complaint is made to the Village that a public nuisance exists within the Village of Johnson Creek, the Police Chief, Health Officer, or Building Inspector will be notified and shall promptly inspect or cause to be inspected the premises complained of and shall make a written report of his findings. Whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the office of the Village Clerk-Treasurer.
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 Police Chief or his representative may 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 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 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, as the case may be.
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 Health Officer, in case of health nuisances, and the Police Chief, in other cases, shall cause the abatement or removal of such public nuisance.
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 file a written report of his findings with the Village President, who shall cause an action to abate such nuisance to be commenced in the name of the Village in the Circuit Court of Jefferson County in accordance with the provisions of § 254.59, Wis. Stats.
Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Village of Johnson Creek 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, and if notice to abate the nuisance has been given to the owner, such cost shall be assessed and collected against the real estate as a special assessment.
No person shall cause the discharge of water from a sump pump or similar apparatus onto a public right-of-way where the discharge is of such a quantity as will create a traffic or safety hazard for vehicular or pedestrian traffic utilizing the roadway.
Except as otherwise provided, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 60, Penalties. A separate offense shall be deemed committed on each day on which a violation of any provision of this chapter occurs or continues.