[HISTORY: Adopted by the Town Board of the Town of Lake Tomahawk
5-11-1988 as Ch. 10 of the 1988 Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or permit
to exist any public nuisance within the Town.
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 § 270-2:
A.
Adulterated food. All decayed, adulterated or unwholesome
food or drink sold or offered for sale to the public.
B.
Carcasses, unburied. 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.
Insects or vermin, breeding places for. 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.
Water, stagnant. 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.
Weeds, noxious. Canada thistle, leafy spurge, field bindweed
(creeping jenny), unsightly and troublesome plants which are detrimental to
cultivated crops, public health, public welfare and to the general appearance
of the surrounding area or such uncultivated rank plants which create unpleasant
or noxious odors or grow to such height as to permit the concealment of filthy
deposits.
G.
Pollution, water. 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.
Odors, noxious. Any use of property, substances or things
within the Town emitting, or causing any foul, offensive, 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 Town.
I.
Pollution, street. 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 Town.
J.
Pollution, air. The escape of smoke, soot, cinders, noxious
acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants
within the Town 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 Town.
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 § 270-2:
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 Town.[1]
D.
Continuous violation of Town ordinances. Any place or
premises within the Town where Town ordinances or state laws relating to public
health, safety, peace, morals or welfare are openly, continuously and repeatedly
violated.
E.
Illegal drinking. Any place or premises resorted to for
the purpose of drinking intoxicating liquor or fermented malt beverages in
violation of state laws.
The following acts, omissions, places, conditions and things are 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 § 270-2:
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 Town ordinances relating to materials and manner of
construction of buildings and structures within the Town.
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 traffic control 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 Town ordinances.
H.
Dilapidated buildings. All buildings or structures so
old, dilapidated or out of repair as to be dangerous, unsafe, insanitary 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 Town.
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 this Code, 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 prohibited 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.
(1)
Premises existing within the Town which are blighted
because of faulty design or construction, failure to maintain them in a proper
state of repair, improper management or 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 Town.
(2)
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 and safety, crime prevention, fire protection and
other public services; such conditions cause a drain upon public revenue and
impair the efficient and economical exercise of governmental functions in
such areas.
(3)
Elimination of blighted premises and prevention of blighted
premises in the future is in the best interest of the citizens and shall be
fostered and encouraged by this section. It is essential to the public interest
that this section be liberally construed to accomplish such purposes.[1]
[1]
Editor's Note: The following original sections of the 1988 Code were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II): Sec. 10.06, Accumulation of used motor vehicles; and Sec. 10.07, Vehicle storage. See now Ch. 292, Property Maintenance, and Ch. 346, Vehicles, Abandoned.
A.
Enforcement. The Police Chief, Fire Chief, Building Inspector
and Health Officer shall enforce those provisions of this chapter that come
within the jurisdiction of their offices and shall make periodic inspections
and inspections upon complaint to insure 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 Town and that there is great and
immediate danger to the public health, safety, peace, morals or decency, the
Chairperson may direct the proper officer to cause the same to be abated and
charge the cost 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 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 Town
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 Town 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.
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.
