[HISTORY: Adopted by the Common Council of
the City of Oconto Falls 7-9-1996 by Ord. No. 96-008 (Ch. 40). Amendments
noted where applicable.]
GENERAL REFERENCES
Adult entertainment establishments — See Ch. 160.
Animals — See Ch. 168.
Outdoor burning — See Ch. 202.
Housing standards and property maintenance — See Ch. 278.
Intoxicating liquor and fermented malt beverages — See Ch. 292.
Peace and good order — See Ch. 365.
Solid waste — See Ch. 413.
Tobacco products — See Ch. 436.
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 within the definition of § 348-2 of this chapter:
A.
All decayed, harmfully adulterated or unwholesome
food or drink sold or offered for sale to the public.
B.
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.
Accumulations of decayed animal or vegetable matter,
trash, rubbish, rotting lumber, bedding, packing material, scrap metal,
or any materials whatsoever in which flies, mosquitoes, disease-carrying
insects, rats, or other vermin may breed.
D.
Standing water at any point on any property within
the City, except water impounded on farm land for agricultural purposes.
E.
Privy vaults and garbage cans which are not flytight.
F.
All noxious weeds and other rank growth of vegetation.
G.
All animals running at large.
H.
The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash, industrial dust or other atmospheric pollutants
within the City limits or within one mile therefrom in such quantities
as to endanger the health of persons of ordinary sensitiveness or
to threaten or cause substantial injury to property in the City.
I.
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.
J.
Any use within the City of property, substances, or
things emitting or cause 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 City.
K.
Any use of property which causes any nauseous or unwholesome
liquid or substance to flow into or upon any street, gutter, alley,
sidewalk, or public place within the City.
L.
The construction and operation of a tank or tanks
for the storage of tallow in the City whereby nauseous, offensive,
or unwholesome odors are allowed to be emitted. The Police Department,
after the necessary fact finding, shall make a report to the Council
on such emission of nauseous, offensive, or unwholesome odors. If
a majority of the Council adopts such report, it may order the commencement
of an action in the name of the state on the relation of the City
for an injunction to prevent the nuisance or may order the commencement
of an action for the abatement or removal thereof.[1]
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 § 348-2 of this chapter:
A.
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.
All buildings and structures erected, repaired, or
altered within the City in violation of the provisions of any ordinances
relating to materials and manner of construction.
C.
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.
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.
F.
All buildings or structures so old, dilapidated, or
out of repair as to be dangerous, unsafe, unsanitary, or otherwise
unfit for human use.
G.
All loud, discordant, and unnecessary noises or vibrations
of any kind.
H.
All obstructions of streets, alleys, sidewalks, or
crosswalks and all excavations in or under the same, except as permitted
by City ordinance, or 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.
I.
All open and unguarded pits, wells, excavations, or
unused basements freely accessible from any public street, alley,
or sidewalk.
J.
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 or people to gather, thereby
obstructing traffic and free use of the streets or sidewalks.
K.
All exhibitions within the City of a motion picture,
show, or other presentation at an outdoor drive-in theater which motion
picture, show, or other presentation in whole or in part depicts nudity,
sexual conduct, or sadomasochistic abuse, in such manner that the
material is visible from any public street, sidewalk, thoroughfare,
or other public place where it may be observed by minors or unconsenting
adults and which, due to its content, creates traffic and parking
problems on City streets or creates violations of the City of Oconto
Falls Code. For the purposes of this subsection, a motion picture
rating "X" by the film industry shall be prima facie evidence that
the film in whole or in part depicts nudity, sexual conduct, or sadomasochistic
abuse and is therefore harmful to minors and in violation of this
chapter.[2]
L.
All use or maintenance of building exteriors or surrounding
premises which limits the use or enjoyment of neighboring property
or which causes or tends to cause diminution of the value of the property
of others in the neighborhood in which such premises is located by
reason of:
(1)
Exterior storage of scrap lumber, junk, trash, or
other debris, including, without limitation of enumeration, discarded
objects or equipment such as motor vehicles, furniture, appliances,
farm or manufacturing equipment, building materials, or litter.
(2)
Exterior patchwork, repair, or reconstruction that
results in a multi-textured or multicolored effect or appearance not
consonant with the decor, architectural design, or aesthetics of the
rest of such building.
M.
Any placement or diverting of any unreasonable amount
of snow or ice onto the property of another which is so situated as
to endanger the public health or safety or creates an unnecessary
physical or financial burden.
A.
Summary abatement.
(1)
Notice to owner. If the inspecting officer determines
that a public nuisance exists within the City and that there is a
danger to public health, safety, peace, morals, or decency, notice
may be served by the inspecting officer or an authorized deputy on
the person causing, maintaining, or permitting such nuisance or on
the owner or occupant of the premises where such nuisance is caused,
maintained, or permitted, and a copy of such notice shall be posted
on the premises. Such notice shall direct the person causing, maintaining,
or permitting such nuisance, or the owner or occupant of the premises,
to abate or remove such nuisance within a period not less than 24
hours or greater than seven days and shall state that unless such
nuisance is so abated, the City will cause the same to be abated and
will charge the cost thereof to the owner, occupant, or person causing,
maintaining, or permitting the nuisance, as the case may be.
(2)
Abatement by City. 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.
B.
Abatement by court action. If the inspecting officer
determines that a public nuisance exists on private premises but the
nature of such nuisance is not such as to threaten great and immediate
danger to the public health, safety, peace, morals, or decency, the
inspector or sanitarian shall file a written report of such findings
with the Mayor, who, upon direction of the Council, shall cause an
action to abate such nuisance to be commenced in the name of the City
in the Circuit Court of Oconto County in accordance with the provisions
of Ch. 823, Wis. Stats.
C.
Court order. Except where necessary under Subsection A, 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.
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 state law.
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 attaining 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 Chief of Police, Health Officer, Administrator
- Clerk/Treasurer or designee, and Building Inspector 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 chapter 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 is satisfied that a nuisance
does in fact exist.
Any person who shall violate any provision of this chapter shall, upon conviction, be subject to a penalty as provided in § 1-9 of this Code together with the costs of prosecution and remedy of the violation.
