Village of Sauk City, WI Chapter 224 Nuisances

[HISTORY: Adopted by the Village Board of the Village of Sauk City as Ch. 8.04 of the 1970 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Animals — See Ch. 95.

Brush, grass and weeds — See Ch. 109.

Open burning — See Ch. 120.

Fire prevention — See Ch. 165.

Junkyards — See Ch. 195.

Peace and good order — See Ch. 239.

Sewers — See Ch. 265.

Solid waste — See Ch. 276.

Abandoned vehicles — See Ch. 313.

§ 224-1 Public nuisance prohibited.

No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village.

§ 224-2 Definitions.

As used in this chapter, the following terms shall have the meaning indicated:

PUBLIC NUISANCE

A thing, act, occupation, condition or use of property which shall continue 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.

§ 224-3 Public nuisances affecting health. [1]

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 § 224-2 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 material whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed.

D. All stagnant water in which mosquitoes, flies or other insects can multiply.

E. Private vaults and garbage cans which are not airtight.

F. All noxious weeds and other rank or unsightly growth of vegetation.

G. All animals running at large.

H. Accumulations of old cans, lumber, elm firewood and other refuse.

I. 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 sensibilities or to threaten or cause substantial injury to property in the Village.

J. The pollution of any public well or cistern, stream, lake, canal or other body of water by sewage or industrial wastes or other substances.

K. Any use of property, substances or other 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.

L. All abandoned wells not securely covered or secured from public use.

M. Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the Village.

N. 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 use and enjoyment of others in the neighborhood in which such premises is located by reason of exterior storage of scrap lumber, junk, trash, or other debris, including, without limitation because of enumeration, discarded objects or equipment such as motor vehicles, boats, furniture, appliances, farm or manufacturing equipment, building materials or litter. This subsection shall not apply to junkyards licensed under Chapter 195, Junkyards, of the Village Code and in compliance with Chapter 195 and Chapter 365, Zoning.[2]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

[1] Editor's Note: For authority of the Village to abate health nuisances, see also Ch. 14, § 14-4, Board of Health.

§ 224-4 Public nuisances offending morals and decency.

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 § 224-2 of this chapter:

A. 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. All gambling devices or slot machines.

C. All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without permit or license as provided for in the ordinances of the Village.

D. 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.

E. Any place or premises resorted to for the purpose of drinking intoxicating liquor of fermented malt beverages in violation of the laws of the state or ordinances of the Village.

§ 224-5 Public nuisances affecting peace and safety.

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 the public or safety coming within the provisions of § 224-2 of this chapter:

A. All signs and billboards, awnings and other similar structures over or near the streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety.

B. All buildings erected, repaired or altered within the fire limits of 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 the district.

C. All unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railroad 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. All trees, hedges, vegetation, 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. All use or display of fireworks except as provided in the laws of the state and ordinances of the Village.

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 wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.

H. All loud, discordant and unnecessary noises or vibrations of any kind, including construction noise which begins before 6:00 a.m. or continues after 9:00 p.m., except in cases of emergency work.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

I. 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 Village.

J. 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, 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.

K. All open and unguarded pits, wells, excavations or unused basements accessible from any public street, alley or sidewalk.

L. 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.

M. 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.

N. Repeated or continuous violations of the ordinances of the Village or laws of the state relating to the storage of flammable liquids.

O. All snow and ice not removed or sprinkled with ashes, sawdust, sand or other chemical removers, as provide in this Code.

§ 224-6 Inspection of premises.

Whenever a written complaint is made to the Village Administrator that a public nuisance exists within the Village, he shall promptly notify the Chief of Police, Health Officer or Building Inspector who shall forthwith inspect or cause to be inspected the premises complained of and shall make a written report of his findings to the Village Board. 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 Administrator.

§ 224-7 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 Village Board 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 the 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 take action to abate, remove or correct such nuisance within the period of time specified by the Village Board. Such notice 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 (see § 224-10).

§ 224-8 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 Health Officer, in the case of health nuisances, and the Chief of Police, in other cases, shall cause the abatement or removal of such public nuisances.

§ 224-9 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 shall file a written report of his findings with the Village Board which shall cause an action to abate such nuisance to be commenced in the name of the Village in the Circuit Court of the county in accordance with the provisions of Ch. 823, Wis. Stats.

§ 224-10 Recovery of costs.

In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of the 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.

§ 224-11 Other remedies.

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.