[Adopted 12-17-1985 by Ord. No. 389 as Ch. 17 of the 1985 Code]
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the village.
As used in this article, the following terms shall have the meanings indicated:
PUBLIC NUISANCE A public nuisance is 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.
PUBLIC NUISANCES AFFECTING HEALTH The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances coming within the definition of "public nuisance" above:
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. Privy vaults and garbage cans which are not flytight.
F. All noxious weeds and other rank growth of vegetation.
G. 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. 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.
I. Any use of property which shall cause any nauseous or unwholesome liquid or substances to flow into or upon any street, gutter, alley, sidewalk or public place within the village.
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 public peace or safety coming within the provisions of "public nuisance" above:
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 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.
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 an official traffic control device, railroad sign or signal or which because of its color, location, brilliance or manner of operation interferes 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.
E. All limbs of trees which project over and less than 10 feet above the surface of a public sidewalk or street or other public place.
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 18 feet above the surface thereof.
H. All loud, discordant and unnecessary noises or vibrations of any kind.
I. 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.
J. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
K. All abandoned refrigerators, ice boxes, 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.
L. Any unauthorized or unlawful use of a public street, alley or sidewalk or of property abutting thereon which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
M. Repeated or continuous violations of the ordinances of the village or laws of the State of Wisconsin relating to the storage of flammable liquids.
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 "public nuisance" above:
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 and slot machines.
C. 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.
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.
[Adopted 12-17-1985 by Ord. No. 389 as Secs. 14.03 to 14.07 and 14.15 of the 1985 Code]
The Health Officer and the Board of Health may make reasonable and general rules for the enforcement of this article, for the prevention of health nuisances and for the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such requirements when approved by the Village Board shall have the same effect as ordinances, and any person violating any of such regulations or any lawful order of the Board shall be subject to a penalty as provided in §
1-19 of this Code.
The Health Officer or the Board of Health may abate health nuisances in accordance with § 254.59, Wis. Stats., which is adopted by reference and made a part of this article as if fully set forth herein.
Chapter 252, Wis. Stats., and Chapter H 45, Wis. Adm. Code, are adopted by reference and made a part of this article; and the Health Officer shall enforce the provisions thereof.
Except as otherwise provided herein, any person who shall violate any provision of this article or any regulation, rule or order made hereunder shall be subject to a penalty as provided in §
1-19 of this Code.