[Adopted 5-2-1988 as Ch. 10 of the 1988 Code]
No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the Village.
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 § 234-2:
A.
Adulterated food. All decayed, 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 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.
Privy, portable toilets and garbage cans. Privy, portable
toilets and garbage cans which are readily accessible to insects and
animals.
[Amended 7-20-2020 by Ord. No. 20-19]
F.
Noxious weeds. All noxious weeds and other rank growth
of vegetation. All weeds and grass shall be kept cut to a height not
to exceed one foot. The Village may cause all weeds and grass to be
cut and removed and brush to be removed and the cost thereof charged
to the property under § 66.0627, Wis. Stats.
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 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 Village.
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 Village.
J.
Air pollution. The escape of smoke, soot, cinders,
noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric
pollutants within the Village 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 Village.
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 § 234-2:
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
pursuant to § 945.01(3), Wis. Stats.
[Amended 7-20-2020 by Ord. No. 20-19]
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 Village of Pleasant
Prairie.
D.
Continuous violation of Village ordinances. Any place
or premises within the Village of Pleasant Prairie 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 provisions of § 234-2 of this article:
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 within the fire limits of the Village of Pleasant Prairie
in violation of the provisions of the ordinances of the Village relating
to materials and manner of construction of buildings and structures
within said district.
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.
Low-hanging tree limbs. All limbs of full-grown 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 Village ordinances.
H.
Building maintenance. All buildings and structures, including but not limited to their siding, roofing, gutters, downspouts, windows or doors that are not maintained in good repair or in sanitary conditions. Section 370-19D of this Code shall also apply related to building maintenance, safety and razing.
[Amended 7-20-2020 by Ord. No. 20-19]
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, except animals for production on agriculturally
zoned land, which by frequent or habitual howling, yelping, barking,
crowing or making of other noises greatly annoys or disturbs any person
of ordinary sensibilities to an extent deemed unreasonable and a nuisance.
Such determination may be made by any Village of Pleasant Prairie
police officer or Village code enforcement officer.
[Amended 9-9-1991; 11-17-2003 by Ord. No. 03-48; 7-20-2020 by Ord. No. 20-19]
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,
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.
Parking
lots. All on-site parking areas, excluding single-family or two-family
properties, shall be free of debris, potholes, large cracks and damaged
curbs or curb stops, and parking lots shall be properly striped. All
parking lot lights shall remain in proper working order, free of rust
and straight (at a ninety-degree angle to the grade below). Any bollards
or other related protective barriers shall be free of rust, covered/sleeved
or painted and straight (at a ninety-degree angle to the grade below).
[Added 7-20-2020 by Ord. No. 20-19]
[Added 5-1-2000 by Ord. No. 00-38]
A.
COMPRESSION RELEASE ENGINE BRAKING SYSTEM
COMPRESSION RELEASE ENGINE BRAKING SYSTEM ZONE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
JAKE BRAKE
10.0L DISPLACEMENT ENGINE
Definitions. The following terms as used in this section
shall have the meanings indicated:
A device that modifies the timing on the exhaust valves of
a diesel engine in such a manner that the exhaust valve opens right
as the piston reaches the top of the compression stroke, gathering
the energy as the compressed air is released, causing the release
or loss of compressed power in the compression stroke.
The areas of the Village of Pleasant Prairie where the use
of compression release engine braking systems is permitted as defined
follows:
[Amended 7-20-2020 by Ord. No. 20-19]
The I-94 frontage roads.
STH 165 between 1-94 and STH 31.
CTH "H" between Bain Station and 116th Street.
STH 31 between Bain Station Road and 128th Street.
80th Avenue between 95th Street and 116th Street.
116th Street between STH 31 and CTH "H."
95th Street between STH 31 and CTH "H."
109th Street between 80th Avenue and CTH "H."
100th Street between CTH "H" and 78th Avenue.
102nd Street between 86th Avenue and 82nd Avenue.
107th Street between 86th Avenue and 82nd Avenue.
86th Avenue between STH 165 and 102nd Street.
82nd Avenue between STH 165 and 102nd Street.
86th Avenue between STH 165 and 107th Street.
82nd Avenue between STH 165 and 107th Street.
A registered trademark of Jacobs Vehicle Systems. The Jacobs
product is only one of a number of engine retarding products. The
intent of this section is not to single out only the products manufactured
by Jacobs Vehicle Systems or its brand name product.
A diesel engine description used extensively to describe
the engine used in heavy trucks. Federal transportation regulations
require that all vehicles manufactured since 1978 are required to
emit sounds less than 80 dBa as they drive by, measured at a distance
of 50 feet from the roadway. 10.0L displacement engine trucks manufactured
after 1978 that have modified or defective exhaust systems, such as
straight or gutted stacks, will emit a sound louder than 80 dBa when
a compression release engine braking system is engaged.
B.
No motor vehicle operator shall engage a compression
release engine braking system in any 10.0L displacement engine, or
any motor vehicle, or any unit, outside of the compression release
engine braking system zone, except in the case of an extreme emergency.
C.
Emergency vehicles shall be exempt from this section
of the Code.
A.
No illuminated sign, yard light, area light, parking
lot and service area light or other illumination shall be permitted
or maintained in the Village without first obtaining a permit therefor
from the Building Inspector. Before the Building Inspector issues
a permit, the applicant shall submit data on fixtures and locations
in sufficient detail to fully determine the nature and extent of the
work proposed. The Building Inspector shall examine the data to determine
if the same complies with the Electrical Code. The Building Inspector
or Code Enforcement Officer may require such further descriptive detail
as deemed necessary.
[Amended 7-20-2020 by Ord. No. 20-19]
B.
All lighting and glare-producing processes shall be
installed so that direct rays from a light-emitting element or surface
shall be shielded by suitable skirtings, louvers or recessed housings
or locations and by directing fixtures so that the emitted direct
rays are not visible beyond the property line or a parking lane or
alley adjacent to the site.
C.
Lighting with low surface brightness prisms having
a forty-five-degree under cutoff may be acceptable in some cases without
shielding. Bulb, strip or tube lighting shall not be acceptable unless
fully shielded so that all direct lighting is retained within the
property. The brightness shall not exceed that of a 100-watt frosted
incandescent bulb operating normally.
[Amended 7-20-2020 by Ord. No. 20-19]
D.
No illuminated sign, yard light, area light, parking
lot or service area light or other illumination shall be permitted
or maintained because of direction, brilliancy, animation, flashing
or other similar features if it is found by the Building Inspector
or Code Enforcement Officer to be an unreasonable nuisance to other
properties or detrimental to the public safety or general welfare.
The criteria set forth above shall be utilized by the Building Inspector
or Code Enforcement Officer in determining the suitability of any
light in those situations where it complies with the Electrical Code.
[Amended 7-20-2020 by Ord. No. 20-19]
E.
Existing lighting for yards and buildings shall be
inspected by the Building Inspector or Code Enforcement Officer for
compliance with this section.
[Amended 7-20-2020 by Ord. No. 20-19]
F.
"Illuminated sign" shall mean any sign which has characters,
letters, figures, designs or outline illuminated by electric lights
or luminous tubes as part of the sign proper.
A.
Enforcement. The Chief of Police, Fire Chief, Building Inspector,
Zoning Administrator, Code Enforcement Officer or their designees
shall enforce those provisions of this article 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. The above employees are to be permitted access to the
properties and structures during reasonable hours to make those inspections
as deemed necessary by him or his designee to ensure compliance with
this chapter; if, however, he or his designee is refused entry after
presentation of identification, he or his designees may procure a
special inspection warrant in accordance with § 66.0119,
Wis. Stats., or any subsequent amendment thereto and in accordance
with any other applicable Wisconsin Statutes. 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.
[Amended 8-19-2019 by Ord. No. 19-27; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
B.
Summary abatement. If the inspecting officer determines
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 Administrator or designee 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.
[Amended 7-20-2020 by Ord. No. 20-19]
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 article
shall be construed as prohibiting the abatement of public nuisances
by the Village or its officials in accordance with the laws of the
state.
E.
Court order. Except when necessary under Subsection B, an 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.
F.
Discretion. The Chief of Police, Fire Chief, Building Inspector,
Health Officer, Zoning Administrator, Code Enforcement Officer or
their designees shall, upon conducting an inspection as outlined in
this section, use their own professional discretion on a case-by-case
basis, to determine if a nuisance or violation of this section exists.
[Added 2-15-2021 by Ord.
No. 21-01]
In addition to any other penalty imposed by
this article 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 against the real estate as a special charge.
