[HISTORY: Adopted by the Common Council of
the City of St. Francis as Ch. 10 and §§ 11.04 and
11.07 of the 1981 Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue,
maintain, or permit to exist any public nuisance within the City.
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 § 320-2:
A.
Adulterated food. All decayed, adulterated, or unwholesome
food or drink sold or offered for sale to the public.
B.
Carcasses. Carcasses of animals, birds, and fowl not
intended for human consumption or food which are not disposed of in
a sanitary manner within 24 hours after death.
C.
Breeding places for insects or vermin. 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.
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.
[Amended 8-2-2011 by Ord. No. 1305]
(1)
The
term "noxious weeds" shall include all noxious weeds and other rank
growth of vegetation of any sort that exceeds nine inches in height.
(2)
All
weeds and grasses shall be kept cut to a height not to exceed nine
inches. The City or the Weed Commissioner may cause all weeds and
grass to be cut and destroyed at a rate as determined each year by
motion of the Common Council.
(3)
On or
before May 15 of each year, the City Clerk shall publish a Class 2
notice, under Ch. 985, Wis. Stats., that every person is required
to destroy all noxious weeds on lands in the City which the person
owns, occupies, or controls.
(4)
The
cost of destruction of such weeds shall be levied as a special tax
as provided in § 66.0517, Wis. Stats., as it may be amended
from time to time.
(5)
The
City shall charge an administrative fee of 75% to be included in the
special tax levied on the property.
G.
Water pollution. The pollution of any public well
or cistern, stream, lake, canal, or other body or 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, 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 causes
any noxious or unwholesome liquid or substance to flow into or upon
any street, gutter, alley, sidewalk or public place within the City.
J.
Air pollution. The escape of smoke, soot, cinders,
noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric
pollutants within the City 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 City.
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 § 320-2:
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.
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.
The following acts, omissions, places, conditions, and things are declared to be the 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 § 320-2:
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 City ordinances 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 or 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.
Low-hanging tree limbs. All limbs of trees which project
over and less than 10 feet above any public sidewalk, street or other
public place.
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 state laws and City ordinances.
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.
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.
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, greatly annoys or disturbs
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
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.
L.
Unlawful assemblies. 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.
Blighted buildings and premises. Premises existing
within the City which are blighted because of faulty design or construction,
failure to maintain them in a proper state of repair, or improper
management, or due to the accumulation thereon of junk or other unsightly
debris, structurally unsound fences, and other items which depreciate
property values and jeopardize or are detrimental to the health, safety,
morals, or welfare of the people of the City.
(1)
The blighted premises contribute to conditions that
are dangerous to the public health, safety, morals and general welfare
of the people; the conditions necessitate excessive and disproportionate
expenditure of public funds for public health, public safety, crime
prevention, fire protection and other public services; and the conditions
cause a drain upon public revenue and impair the efficient and economical
exercise of governmental functions in such areas.
(2)
Elimination of blighted premises and prevention of blighted premises in the future is in the best interest of the citizens and this shall be fostered and encouraged by this chapter. It is essential to the public interest that this chapter is liberally construed to accomplish the purpose of this Subsection M.
N.
All open and unguarded pits, wells, excavations or
unused basements freely accessible from any public street, alley or
sidewalk.
O.
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.
A.
Public nuisance declared. The Common Council, having
determined that the health of the elm trees within the City is threatened
by a fatal disease known as "Dutch elm disease," hereby declares the
following to be a public nuisances:
(1)
Any living or standing elm tree or part thereof infected
with Dutch elm disease fungus or which harbors any of the elm bark
beetles Scolytus multistriatus (Eichh) or Hylurgopinus rufipes (Marsh).
(2)
Any dead elm tree or part thereof, including logs,
branches, firewood, stumps or other elm material from which the bark
has not been removed and burned or sprayed with an effective elm bark
beetle destroying insecticide.
B.
City Forester. The City Forester shall have the powers
and perform the duties imposed by this section and by Ch. 27, Wis.
Stats.
C.
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
PUBLIC PROPERTY
Definitions. For the purpose of this section, the
following phrases are defined as follows:
Dutch elm disease.
Elm bark beetles Scolytus multistriatus (Eichh)
or Hylurgopinus rufipes (Marsh).
Any living or standing elm tree infected with
Dutch elm disease fungus or in weakened condition which harbors any
of the elm bark beetles.
Any dead elm tree or part thereof, including
logs, branches, firewood, stumps or other elm material from which
the bark has not been removed and burned or sprayed with an effective
elm bark beetle destroying concentrate.
Any premises owned or controlled by the City, including but
not restricted to public sites, parks, playgrounds, streets, alleys,
sidewalks, boulevards, and terrace strips between the lot line and
the curb or improved portion of any public way.
D.
Inspections.
(1)
The City Forester shall inspect at least twice a year
all premises and places within the City to determine whether any public
nuisance exists thereon. He shall also inspect any elm tree reported
or suspected to be infected with Dutch elm disease or any elm bark
bearing material reported or suspected to be infested with elm bark
beetles.
(2)
Whenever necessary to determine the existence of Dutch
elm disease or elm bark beetles in any tree, the City Forester shall
remove or cut specimens from the tree in such manner as to avoid permanent
injury thereto and forward them to the State Department of Agriculture,
Trade and Consumer Protection for analysis to determine the presence
of such nuisances.
(3)
The Forester and his agents or employees may enter
upon private premises at reasonable times for the purpose of carrying
out any of the provisions of this section.
E.
Abatement of nuisances.
(1)
The Forester shall order, direct, supervise, and control
the abatement of public nuisances by spraying, removal, burning or
other means which he determines to be necessary to prevent as fully
as possible the spread of Dutch elm disease fungus or the insect pests
or vectors known to carry such disease fungus.
(2)
Whenever the Forester determines that a public nuisance
exists on public property in the City, he shall immediately abate
or cause the abatement of such nuisance in such manner as to destroy
or prevent as fully as possible the spread of Dutch elm disease or
the insect pests or vectors known to carry such disease fungus.
(3)
When the Forester determines the reasonable certainty
that a public nuisance exists upon private premises, he shall immediately
serve personally or by registered mail upon the owner of such property,
if he can be found, or upon the occupant thereof, a written notice
of the existence of such nuisance, directing that the nuisance be
abated within 10 days after service of such notice. Such notice shall
describe the nuisance and recommend the procedure for its abatement
and shall state that, unless the owner abates the nuisance as specified
in the notice, the Forester will cause the abatement thereof at the
expense of the property served. If the owner or occupant cannot be
found, such notice shall be given by publication in a newspaper of
general circulation in the City.
F.
Spraying.
(1)
Whenever the Forester determines that any elm tree
or part thereof is infected with Dutch elm disease fungus or is in
a weakened condition and harbors elm bark beetles, he may cause all
elm trees within a one-thousand-foot radius thereof to be sprayed
with an effective elm bark beetle destroying concentrate.
(2)
To facilitate the work and minimize the inconvenience
to the public of any spraying operation conducted under this section,
the Forester shall cause to be given advance public notice of such
operation by newspaper, radio, television public service announcements
or other effective means and shall cause the posting of appropriate
warning notices in the areas and along the streets where trees are
to be sprayed at least 24 hours in advance of spraying. When any residue
or concentrate from municipal spraying operations can expected to
be deposited on any public street, the Forester shall also notify
the Chief of Police, who shall make and enforce such temporary parking
and traffic regulations on such streets as conditions require. Temporary
"No Parking" notices shall be posted in each affected block of any
street at least 24 hours in advance of spraying operations.
G.
Prohibited acts. No person shall:
(1)
Transport any bark bearing elm wood, elm bark or elm
material on public streets or highways or other public premises without
first securing the written permission of the Forester.
(2)
Interfere with or prevent any act of the Forester
or his agents or employees while they are engaged in the performance
of duties imposed by this section.
(3)
Refuse to permit the Forester or his duly authorized
representative to enter upon his premises at reasonable times to exercise
the duties imposed by this section.
(4)
Permit any public nuisance to remain on any premises
owned or controlled by him when ordered by the Forester to abate such
nuisance.
A.
Declaration of nuisance. The female cotton-bearing
trees of the poplar family commonly called the "Eastern Cottonwood"
(Populus deltoides) and the "White Poplar" (Populus alba) are hereby
declared to be a public nuisance.
B.
New trees prohibited. No person shall plant such trees
anywhere within the City limits after July 30, 1987, nor cause or
allow such to germinate.
C.
Trees planted or germinated after September 19, 1972.
All such trees either planted or germinated after September 19, 1972,
shall be declared by the City Engineer to be a nuisance herein on
any premises in the City, and he shall notify the owner or person
in charge of such premises to destroy such tree. In case such owner
or person in charge shall neglect or refuse to comply with the terms
of such notice, the City Engineer may proceed to destroy and remove
such tree. The expenses thereof shall be paid by the owner of the
land upon which such expenses were incurred and shall be assessed,
collected, and enforced and shall be paid to the City treasury. No
damages shall be awarded to the owner for the trees destroyed under
the provisions of this subsection.
D.
Trees existing prior to September 19, 1972. All such
trees existing prior to September 19, 1972, shall be declared by the
City Engineer to be a nuisance herein on any premises in the City,
and he shall notify the owner or person in charge of such premises
to destroy such tree. In case such owner or person in charge shall
neglect or refuse to comply with the terms of such notice, the City
Engineer shall contact such owner or person in charge to arrange to
have such tree eliminated at City expense. If after two attempts the
City Engineer is unable to contact such owner, such tree shall be
eliminated by the City at City expense. No damages shall be awarded
to the owner for trees destroyed under the provisions of this subsection.
A.
Enforcement. The Chief of Police, the Fire Chief,
the Building Inspector and the Health Officer/Public Health Administrator
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 has 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 determines
that a public nuisance exists within the City and that there is great
and immediate danger to the public health, safety, peace, morals or
decency, the Mayor 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 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, 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 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 City or its officials in accordance with the laws of the state.
E.
Court order. Except when necessary under Subsection B, any 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 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.
The Registered Sanitarian or the Health Officer/Public
Health Administrator may abate health nuisances in accordance with
§ 254.59, Wis. Stats., which is adopted by reference and
made part of this chapter as if fully set forth herein.
A.
Statutory authorization. This section is enacted pursuant
to § 66.0415, Wis. Stats.
B.
Permit required. No person shall conduct within the
City any business which has a tendency to create a public nuisance,
except upon permit issued by the Registered Sanitarian and subject
to such conditions as he may impose.
A.
Findings. The Common Council finds that any premises
that has generated three or more calls for police 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 City. The Common Council therefore directs the
Chief of Police and the Commissioner of Neighborhood Services, as
provided in this section, to charge the owners of such premises the
costs associated with abating the violations at premises at which
nuisance activities chronically occur.
B.
NUISANCE ACTIVITY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
PERSON ASSOCIATED WITH
Definitions. For the purposes of this section, the
following terms shall have the meanings indicated:
Any of the following activities, behaviors or conduct whenever
engaged in by premises owners, operators, occupants or persons associated
with a premises.
An act of harassment as defined in § 947.013,
Wis. Stats.
Disorderly conduct as defined in § 947.01,
Wis. Stats.
Battery, substantial battery or aggravated battery
as defined in § 940.19, Wis. Stats.
Indecent exposure as defined in § 944.20(1)(b),
Wis. Stats.
Keeping a place of prostitution as in § 944.34,
Wis. Stats., or leasing a building for the purposes of prostitution.
Littering of premises.
Theft as defined in § 943.20, Wis.
Stats.
Arson as defined in § 943.02, Wis.
Stats.
Possession, manufacture or delivery of a controlled
substance or related offenses as defined in Ch. 961, Wis. Stats.
Gambling as defined in § 945.02, Wis.
Stats.
Keeping a prohibited dangerous animal.
Trespass to land as defined in § 943.13,
Wis. Stats., or criminal trespass to dwelling as defined in § 943.14,
Wis. Stats.
Discharge of a firearm.
The production or creation of excessive noise.
Loitering.
Public drinking.
Owning, keeping, having or harboring any bird
or animal that causes a disturbance of the peace.
Misuse of emergency telephone numbers.
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.
C.
Procedure.
(1)
Whenever the Chief of Police determines that three
or more nuisance activities have occurred at a premises on separate
days during a thirty-day period or that repeated nuisances of the
types defined in this section have occurred at a premises, the Chief
may notify the premises owner in writing that the premises is in danger
of becoming a chronic nuisance. This notice shall be deemed to be
properly delivered if sent either by first-class mail to the premises
owner's last known address or if delivered in person to the premises
owner. If the premises owner cannot be located, the notice shall be
deemed to be properly delivered if a copy of it is left at the premises
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 there and who shall be informed of the contents of the notice.
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 records of the City Assessor.
This notice shall contain:
(a)
The street address or legal description sufficient
for identification of the premises.
(b)
A description of the nuisance activities that
have occurred at the premises and a statement indicating that the
cost of future enforcement may be assessed as a special charge against
the premises.
(c)
A statement that the premises owner shall within
10 days respond to the Chief of Police either with an appeal or to
propose a written course of action to abate the nuisance activities
which is acceptable to the Chief.
(2)
Whenever the Chief of Police determines that an additional nuisance activity has occurred at a premises for which notice has been issued pursuant to Subsection C(1) and either this nuisance activity has occurred not less than 13 days after notice has been issued or a course of action submitted pursuant to Subsection C(1)(c) has not been completed, the Chief of Police may calculate the cost of enforcement for this and any subsequent nuisance activities and may refer such cost to the Common Council. The Chief of Police shall notify the premises owner of the decision to refer the cost of enforcement. Delivery of this notice, along with a copy of the Chief's referral letter to the Common Council, shall be made as set forth in Subsection C(1). The notice shall contain:
(3)
Violation. Each subsequent incident of nuisance activity
shall be deemed a separate violation.
D.
Cost recovery. Upon receipt of a notice from the Chief of Police issued pursuant to Subsection C(2), the Common Council may charge any premises owner found to be in violation of this section the costs of enforcement, including administrative cost, in full or in part. All costs so charged are a lien upon such premises and may be assessed and collected as a special charge. The Common Council shall establish a reasonable charge for the costs of administration and enforcement of this section.
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 § 1-4 of this Code.
