[HISTORY: Adopted by the Village Board of
Village of Cottage Grove 7-2-1984 as Secs. 11.01, 11.02, 11.06, 11.07 and 11.10 of the 1984
Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
A public nuisance is a thing, act, occupation, condition
or use of property which continues for such length of time as to:
Substantially annoy, injure or endanger the
comfort, health, repose or safety of the public;
In any way render the public insecure in life
or in the use of property;
Greatly offend the public morals or decency;
or
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 use
of 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 "public nuisance" in this section:
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.
Accumulation of decayed animal or vegetable
matter, trash, rubbish, rotting lumber, bedding, packing materials,
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, grass in excess of one foot
in height and other rank growth of vegetation.
[Amended 6-17-1996; 5-15-2017 by Ord. No. 01-2017; 5-2-2022 by Ord. No. 04-2022]
Every person shall destroy all noxious weeds on all lands which
he or she shall own, occupy or control. The terms "destroy" and "noxious
weeds" are defined by s. 66.0407, Wis. Stats.
Any grass in excess of one foot in height and/or other rank
growth of vegetation, as determined by the Weed Commissioner or his/her
designee, shall be cut and brush removed upon the owner's receipt
of a written notice giving five days to perform such work.
The Weed Commissioner shall have the duties and responsibilities
outlined in s. 66.0407, Wis. Stats., and shall further enforce the
Village's policy relating to noxious weeds as directed by the
Village Board.
Should any person fail to destroy all noxious weeds and/or remove
grass, rank growth of vegetation or brush as provided in this subsection,
the Village may cause such work to be performed in the method deemed
to be the most economical and the cost thereof charged to the property
pursuant to s. 66.0407, Wis. Stats.
The Village Board may temporarily suspend the applicability
of this section as it applies to grass length for purposes such as,
but not limited to, ecological preservation.
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
sensitivities or to threaten to cause substantial injury to property
in the Village.
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.
Any use of property, substances or things within
the Village 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, septic tanks, grease traps,
cisterns and day wells not securely covered or secured from public
use.
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 within the provisions of the definition
of "public nuisance" in this section:
All ice not removed from public sidewalks and
all snow not removed from public sidewalks within 24 hours after it
has ceased to fall thereon.
[Amended 3-19-2001 by Ord. No. 01-2001]
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 buildings erected, repaired or altered within
the Village in violation of the provisions of the ordinances of the
Village relating to materials and manner of construction of buildings
and structures within such district.
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 less
than 14 feet above the public street.
[Amended 12-17-2018 by Ord. No. 07-2018]
All use or display of fireworks except as provided
by the laws of the state and ordinances of the Village.
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 18 feet above the surface thereof.
All loud, discordant and unnecessary noises
or vibrations of any kind.
All trees located on private property which
fall, or parts which fall, onto public streets, sidewalks, alleys,
waterways, lagoons or other public property.
An officer designated by the Village for that
purpose shall orally or in writing notify the owner of the property
from which the tree or part thereof has fallen that he or she shall
remove such tree, or part thereof, within 48 hours of the time of
the notice. If such order is not complied with, the Village shall
cause the tree of part thereof to be removed and shall bill the owner
of the private property from which the tree has fallen for the cost
thereof. Such costs shall be paid within 30 days of billing, and thereafter,
unless sooner paid, shall be placed on the tax roll as a special charge
against the property.
If the fallen tree or part thereof so obstructs the right of the public to use the public property or the Village's use of emergency equipment, the Village may order the obstruction removed immediately, and if the Village is satisfied the owner cannot cause immediate removal of the obstruction, the Village may cause such removal and shall bill the costs thereof as provided in Subsection K(1).
All open and unguarded pits, wells, excavations
or unused basements freely accessible from any public street, alley
or sidewalk.
All abandoned refrigerators, iceboxes or other
containers which have airtight doors 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 relating to the storage of flammable
liquids.
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 this section:
All disorderly houses, bawdy houses, houses
of ill fame, gambling houses and buildings or structures kept or resorted
to for the purposes of prostitution, promiscuous sexual intercourse
or gambling.
All gambling devices and slot machines.
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 by the ordinances
of the Village.
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 alcohol beverages in violation of the laws of the state
or of this Municipal Code.
A.
Inspection of premises. Whenever compliant is made
to the President that a public nuisance exists within the Village,
he or she shall promptly notify the Chief of Police, Health Officer
or Building Inspector, who shall forthwith inspect or cause to be
inspected the premises and shall make a written report of findings
to the President. 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.
B.
Summary abatement.
(1)
Notice to owner. 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 President may direct the Chief of Police to 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 to post a copy of such 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.
(2)
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 officer having the duty of enforcement
shall cause the abatement or removal of such public nuisance.
C.
Abatement by court action. If the inspecting officer
determines 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
or she shall file a written report of findings with the Mayor, who,
upon direction of the Village Board, shall cause an action to abate
such nuisance to be commenced in the name of the Village in the Circuit
Court in accordance with the provisions of Ch. 823, Wis. Stat.
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.
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.
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 against the real estate as a special charge.
[Added 5-18-2020 by Ord. No. 05-2020]
A.
ELECTRONIC DELIVERY DEVICE
SMOKE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Any product containing or delivering nicotine or any other
substance intended for human consumption that may be used by a person
through inhalation of vapor or aerosol from the product. This includes
any such device, whether manufactured, distributed, marketed, or sold
as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under
any other product name or descriptor.
Inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, or pipe, or any other lighted or heated tobacco
or plant product intended for inhalation, including hookahs and marijuana,
whether natural or synthetic, in any manner or in any form, and includes
the use of an electronic delivery device.
B.
Prohibited
areas; exception.
(1)
No
person may smoke in any of the following places:
(a)
Anyplace where smoking is prohibited by s. 101.123(2), Wis. Stats., as in effect on July 5, 2010.
(b)
Within 15 feet of any public building entrance.
(c)
Within all buildings and equipment owned, leased, or rented by the
Village. Facilities specifically included within the scope of this
section, but not limited thereto, are Village-owned facilities such
as the Village Hall, Police Department, or municipal buildings.
(d)
Within Village parks.
(2)
Persons
in charge of a restaurant, tavern, private club, or retail establishment
may establish outside smoking areas where customers, employees, or
persons associated with the restaurant, tavern, private club, or retail
establishment may smoke. Such places shall be established a reasonable
distance from any entrance, open window, or vent leading inside the
restaurant, tavern, private club, or retail establishment.
