[HISTORY: Adopted by the Village Board of
the Village of Wrightstown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-5-1976 by Ord. No. 1-76 as
Ch. 10 of the 1976 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:
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.
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 § 130-2:
A.
Adulterated food. All decayed, adulterated or unwholesome
food or drink sold or offered for sale to the public.
B.
Unburied carcasses. 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.
Breeding places for vermin, etc. 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 may breed.
D.
Stagnant water. 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 fly-tight.
F.
Noxious weeds, grass, and other vegetation.
[Amended 8-16-1999 by Ord. No. 081699; 3-18-2008 by Ord. No.
03182008; 7-15-2008 by Ord. No. 07152008C; 3-15-2011 by Ord. No.
03152011A]
(1)
DEVELOPED LOT
NOXIOUS WEEDS
UNDEVELOPED LOT
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
A lot with a finished building or building under construction.
The weeds defined in W.S.A. s. 66.0407, which is hereby adopted
and made part of this article, and shall also include common ragweed,
giant ragweed, burdock or any other weeds or vegetation, or any combination
thereof, allowed to grow to a height of eight inches for developed
lots and 12 inches for undeveloped lots.
A vacant lot with no structure on it.
(2)
This subsection is adopted due to the unique nature of the problems
associated with lawns, grasses, and noxious weeds being allowed to
grow to excessive lengths in the Village.
(3)
Grass, weeds and/or leaves not to be deposited in streets. No person
shall cause to be deposited grass, weeds and/or leaves from his or
her premises onto any street in the Village.
(4)
A public nuisance is declared when lawns, grasses, and noxious weeds
exceed eight inches on developed lots and 12 inches on undeveloped
lots. Exceeding the identified lengths adversely affects the public
health and safety in the following manner: tends to cause blight to
developed areas; permits breeding areas for obnoxious insects and
allows for the concealing of vermin; emits pollen and other discomforting
bits of plants; constitutes a fire hazard and a safety hazard in that
debris can be hidden in the grass; interferes with the public for
convenience and; adversely affects property values of other land within
the Village. For that reason, any lawn, grass or weed on a lot or
other parcel of land (to include the ditch line or from the edge of
pavement to the rear and side property lines) that exceeds the lengths
identified in this subsection is hereby declared to be a public nuisance,
except for undeveloped property not served by water and sewer, wooded
areas or tree lines where distance between trees effectively prevents
mowing, hilly areas with severe slopes that would prevent safe mowing,
property that is zoned agriculture, or property located in a designated
floodplain area and/or wetland area.
(5)
Nuisances are prohibited. No person, firm or corporation of any lot or parcel shall allow such property to become overgrown with any noxious weeds, grass or other vegetation so as to constitute a public nuisance, as defined in Subsection F(4) above.
(6)
Notices.
(a)
The Director of Public Works shall serve as the Weed Commissioner
and have the powers and duties as outlined in W.S.A. s. 66.0517, except
that the Director shall receive no compensation for this service other
than his regular salary. In accordance with W.S.A. s. 66.0407, the
Weed Commissioner shall annually, on or before May 15, publish a Class
2 notice, and post at the official posting locations of the Village,
that requires every person by law to destroy all noxious weeds and
to cut all other grass or vegetation exceeding 12 inches on undeveloped
lots and eight inches on developed lots, on each parcel of land which
the person owns, occupies, or controls.
(b)
In addition to the Class 2 notice, annually, prior to May 15, the Weed Commissioner will send one notice by certified mail and regular first class mail to all undeveloped parcel owners to serve as a reminder of this article. No other notice will be delivered to undeveloped parcel owners during the cutting season. The Weed Commissioner shall inspect or cause to be inspected all premises and places within the Village to determine whether any public nuisance, as defined in Subsection F(4), exists.
(7)
Abatement of nuisance. If the Weed Commissioner shall determine with reasonable certainty that any public nuisance, as defined in Subsection F(4), exists on developed parcels, he or she shall immediately cause written notice to be served that the Village proposes to have the parcel with weeds, grass or vegetation cut so as to conform to this subsection. If a parcel or property owner fails to control the growth of such weeds, grass or vegetation on his property, the Weed Commissioner shall serve upon him a notice as to this fact. If such owner fails to abate this nuisance within 10 calendar days from the date of the notice by certified mail and regular first class mail, the Weed Commissioner shall take action to abate such public nuisance. If the Weed Commissioner shall determine with reasonable certainty that any public nuisance, as defined in Subsection F(4), exists on undeveloped parcels, the Weed Commissioner shall take action to abate such public nuisance without additional notice as stated in Subsection F(6) above.
(8)
Fill and debris. To aid in the destruction or control of noxious
weeds, grass, and other vegetation, no owner of any lot, place or
area within the Village shall deposit or stockpile any fill or debris
thereon and allow the same to remain without being leveled off or
removed within 30 days after deposit of the same, to include stockpiles
created during construction.
(9)
Village's option to abate nuisance. In any case where the owner,
occupant or person in charge of the property shall fail to cut his
or her weeds, grass or vegetation as set forth above, then in that
event the Village may elect to cut said weeds, grass and vegetation
as follows:
(a)
The written notice required in Subsection F(6) shall inform said person that in the event of his or her failure to abate the nuisance within the prescribed time, the Village shall abate the same, and the cost thereof shall be assessed to the property owner as a special charge.
(b)
The Village shall cut or cause to be cut all weeds, grass and vegetation from the subject's property and shall charge the expenses of so doing at a rate as provided in Chapter 102, Fees and Penalties.
(d)
The charges for cutting shall be set forth in a statement to
the Village Clerk/Treasurer, who in turn shall mail the same to the
owner, occupant or person in charge of the subject premises. If said
statement is not paid in full within 30 days thereafter, the Village
Clerk/Treasurer shall enter the charges in the tax roll as a special
charge against said lot or parcel of land, and the same shall be collected
in all respects like other taxes upon real estate, or as provided
under W.S.A. s. 66.0627.
G.
Water pollution. 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.
Noxious odors, etc. 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.
Street pollution. 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.
J.
Air pollution. The escape of smoke, soot, cinders,
noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric
pollutants within the village 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.
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 within the definition of § 130-2:
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 village.
D.
Continuous violation of village ordinances. 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.
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 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 definition of § 130-2:
A.
Signs, billboards, etc. 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.
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 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.
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.
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 village ordinances.
H.
Dilapidated buildings. All buildings or structures
so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human use.
I.
Wires and cables over streets. 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 shall greatly annoy or
disturb a neighborhood or any considerable number of persons within
the village.
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 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, or do not conform to the
permit.
L.
Unlawful assemblies. 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 streets or sidewalks.
A.
Public nuisances declared. The Village Board, having
determined that the health of the elm trees within the village is
threatened by a fatal disease known as "Dutch Elm Disease," hereby
declares the following to be public nuisances:
(1)
Any living or standing elm tree or part thereof infected
with Dutch Elm Disease fungus or which harbors any of the elm bug
beetles, Scolytus Multistriatus (Marsh) or Hylurgopinus Rufipes (Eichh).
(2)
Any dead elm tree or part thereof, including logs,
branches, firewood, stumps or other elm material from which the bark
has not been removed and burned or sprayed with an effective elm bark
beetle destroying insecticide.
B.
Buildings, Parks and Recreation Committee. The Buildings,
Parks and Recreation Committee shall have the powers and perform the
duties imposed by this section and by Chapter 27 of the Wisconsin
statutes. The Buildings, Parks and Recreation Committee may employ
a forester or designate a village employee to perform the duties of
a forester under Chapter 27 of the Wisconsin statutes.
C.
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
PUBLIC PROPERTY
Definitions. For the purpose of this section, certain
words are defined as follows:
Dutch Elm Disease.
Elm bark beetles Scolytus Multistriatus (Marsh)
or Hylurgopinus Rafipes (Eichh).
Any living or standing elm tree infected with
Dutch Elm Disease fungus or in a weakened condition which harbors
any of the elm bark beetles.
Any dead elm tree or part thereof, including
logs, branches, firewood, stumps or other elm material from which
the bark has not been removed and burned or sprayed with an effective
elm bark beetle destroying concentrate.
Any premises owned or controlled by the village, including
but not restricted to public sites, parks, playgrounds, streets, alleys,
sidewalks, boulevards and terrace strips between the lot line and
the curb or improved portion of any public way.
D.
Inspection.
(1)
The Buildings, Parks and Recreation Committee shall
inspect at least twice a year all premises and places within the village
to determine whether any public nuisance exists thereon. It shall
also inspect any elm tree reported or suspected to be infected with
the Dutch Elm Disease or any elm bark bearing material reported or
suspected to be infested with elm bark beetles.
(2)
Whenever necessary to determine the existence of Dutch
Elm Disease or elm bark beetles in any tree, the Buildings, Parks
and Recreation Committee shall remove or cut specimens from the tree
in such manner as to avoid permanent injury thereto and forward them
to the Wisconsin Department of Agriculture, Trade and Consumer Protection
for analysis to determine the presence of such nuisances.
[Amended 11-30-1999 by Ord. No. 113099B]
(3)
The Buildings, Parks and Recreation Committee and
its agents or employees may enter upon private premises at reasonable
times for the purpose of carrying out any of the provisions of this
section.
E.
Abatement of nuisances: duty of the Buildings, Parks
and Recreation Committee.
(1)
The Buildings, Parks and Recreation Committee shall
order, direct, supervise and control the abatement of public nuisances
by spraying, removal, burning or other means which it determines to
be necessary to prevent as fully as possible the spread of Dutch Elm
Disease fungus or the insect pests or vectors known to carry such
disease fungus.
(2)
Whenever the Buildings, Parks and Recreation Committee
determines that a public nuisance exists on public property in the
village, it shall immediately abate or cause the abatement of such
nuisance in such manner as to destroy or prevent as fully as possible
the spread of Dutch Elm Disease or the insect pests or vectors known
to carry such disease fungus.
(3)
When the Buildings, Parks and Recreation Committee
determines with reasonable certainty that a public nuisance exists
upon private premises, it shall immediately serve or cause to be served
personally or by registered mail upon the owner of such property,
if he or she can be found, or upon the occupant thereof, a written
notice of the existence of such nuisance and of a time and place for
a hearing, not less than 14 days after service of such notice of the
abatement action to be taken. Such notice shall describe the nuisance
and recommended procedure for its abatement, shall further state that
unless the owner abates the nuisance as specified in the notice, or
shall appear at the hearing to show that such nuisance does not exist
or does not endanger the health of elm trees in the village, the Buildings,
Parks and Recreation Committee shall cause the abatement thereof at
the expense of the property served. If the owner cannot be found,
such notice shall be given by publication in a newspaper of general
circulation in the village.
(4)
If the Buildings, Parks and Recreation Committee determines after hearing held pursuant to Subsection E(3) that a public nuisance exists, it shall immediately order the abatement thereof. Unless the property owner abates the nuisance as directed within 25 hours after such hearing, the Buildings, Parks and Recreation Committee shall proceed to abate the nuisance and cause the cost thereof to be assessed against the property in accordance with the procedures provided hereunder. The Buildings, Parks and Recreation Committee may extend the time allowed the property owner for abatement for not to exceed 10 additional days.
F.
Spraying.
(1)
Whenever the Buildings, Parks and Recreation Committee
determines that any elm tree or part thereof is infected with Dutch
Elm Disease fungus or is in a weakened condition and harbors elm bark
beetles, it may cause all elm trees within a one-thousand-foot radius
thereof to be sprayed with an effective elm bark beetle destroying
concentrate.
(2)
In order to facilitate the work and minimize the inconvenience
to the public of any spraying operation conducted under this section,
the Buildings, Parks and Recreation Committee shall cause to be given
advance public notice of such operation by newspaper, radio, television
public service announcements or other effective means and shall also
cause the posting of appropriate warning notices in the areas and
along the streets where trees are to be sprayed at least 24 hours
in advance of spraying. When any residue or concentrate from municipal
spraying operations can be expected to be deposited on any public
street, the Buildings, Parks and Recreation Committee shall also notify
the Chief of Police, who shall make and enforce temporary parking
and traffic regulations on such streets as conditions require. Temporary
"no parking" notices shall be posted in each block of any affected
street at least 24 hours in advance of spraying operations.
G.
Cost of tree care: special assessments.
(1)
The cost of abatement of a public nuisance or spraying
elm trees or elm wood at the direction of the Buildings, Parks and
Recreation Committee if the nuisance tree or wood is located on public
park or grounds shall be borne by the village.
(2)
The cost of abating a public nuisance or spraying
elm trees or elm wood located on private premises or in the public
right-of-way when done at the direction and under the supervision
of the Buildings, Parks and Recreation Committee shall be assessed
to the property on which such nuisance tree or wood is located or
which abuts on the public right-of-way in which such nuisance tree
or wood is located, as follows:
(a)
The Buildings, Parks and Recreation Committee
shall keep account of the cost of such work or spraying and the amount
chargeable to each lot or parcel and shall report such work charges,
description of lands to which chargeable and the names and addresses
of the owners of such lands to the Village Clerk-Treasurer on or before
October 15 of each year.
(b)
The Village Board, upon receipt of the Buildings,
Parks and Recreation Committee's report, shall hold a public hearing
on such proposed charges, giving at least 14 days notice of the time,
place and purpose of such hearing to interested persons by publication
in a newspaper of general circulation in the village and by mail to
the owner of each property proposed to be charged. Each property owner
shall be notified of the amount proposed to be assessed against his
or her premises and the work for which such charge is being made.
(c)
After the hearing, the Village Board shall affirm,
modify and affirm or disapprove such assessments by resolution and
shall cause a copy thereof to be published. Upon adoption and publication
of such resolution, assessments made shall be final.
(d)
The Village Clerk-Treasurer shall mail notice
of the amount of such final assessment to each owner of property assessed
at his or her last known address, stating that unless paid within
30 days of the date of the notice, such assessment shall bear interest
at the rate of 1% over the borrowed funds or prime rate per annum
and will be entered on the tax roll as a delinquent tax against the
property, and all proceedings in relation to the collection, return
and sale of property for delinquent real estate taxes shall apply
to such assessment.
[Amended 11-30-1999 by Ord. No. 113099B]
(e)
The village hereby declares that in making assessments
under this section, it is acting under its police power. No damages
shall be awarded to any owner for the destruction of any diseased
or infested elm tree or elm wood or part thereof.
H.
Prohibited acts. No person shall:
(1)
Transport any bark bearing elm wood bark or material
on public streets or highways or other public premises without first
securing the written permission of the Buildings, Parks and Recreation
Committee.
(2)
Interfere with or prevent any act of the Buildings,
Parks and Recreation Committee or its agents or employees while they
are engaged in the performance of duties imposed by this section.
(3)
Refuse to permit the Buildings, Parks and Recreation
Committee or its duly authorized representative to enter upon his
or her premises at reasonable times to exercise the duties imposed
by this section.
(4)
Permit any public nuisance to remain on any premises
owned or controlled by him or her when ordered by the Buildings, Parks
and Recreation Committee to abate such nuisance.
A.
Enforcement. The Chief of Police, the Chief of the
Fire Department, the Building Inspector and Health Officer shall enforce
those provisions of this article 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 section to abate a public nuisance
unless the officer shall have inspected or caused to be inspected
the premises where the nuisance is alleged to exist and has satisfied
himself or herself that a nuisance does in fact exist.
B.
Summary abatement. 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 proper officer to cause the
same to be abated and charge the cost thereof 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 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 serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisances to be removed as provided in Subsection B.
D.
Other methods not excluded. Nothing in this article
shall be construed as prohibiting the abatement of public nuisances
by the village or its officials in accordance with state laws.
E.
Court order. Except when necessary under Subsection B, no officer hereunder shall 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 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 10-5-1976 by Ord. No. 1-76 as
Secs. 11.03 through 11.09 of the 1976 Code]
[Amended 11-30-1999 by Ord. No. 113099B]
The Board of Health may abate health nuisances
in accordance with W.S.A. s. 254.59, which is adopted by reference
and made a part of this article as if fully set forth herein.
[Amended 11-30-1999 by Ord. No. 113099B]
Chapter 252 of the Wisconsin statutes and Chapter
H 45 of the Wisconsin Administrative Code are adopted by reference
and made a part of this article, and the Board of Health shall enforce
the provisions thereof.
A.
Permit required. No person shall conduct within the
village any business which has a tendency to create a public nuisance,
except upon permit issued by the Board of Health and subject to such
conditions as it may impose.
B.
Definition. A business which has a tendency to create a public nuisance is one which unless properly regulated may create conditions creating a public nuisance as defined in § 130-2 of this chapter.
C.
This section is enacted pursuant to W.S.A. s. 66.052.
A.
Privies, etc., prohibited. No outhouse, privy, cesspool
or vault shall be built, constructed or maintained upon any lot or
part of a lot in the village, located adjacent to a sewer and water
main, or in a block through which such systems extend. Such privies
are hereby declared to be a nuisance and a menace to health.
B.
Connection required. All plumbing within the village,
as defined in W.S.A. s. 145.01, shall connect properly with the sanitary
sewer and water mains of the village, when such mains are available
in a street, alley or public way adjoining the lot or lots upon which
such plumbing exists. All septic tanks shall be removed or emptied
and filled with earth.
C.
Notice to abate and connect. The Board of Health shall
strictly enforce the provisions of this section and shall see that
all violations thereof are abated as herein provided. The Plumbing
Inspector or the Chief of Police shall investigate and report, in
writing, to the Board of Health any violations of this section. Upon
receipt of such report, the Board of Health shall serve written notice
upon the owner, agent or occupant of the lot to abate such privy or
outhouse and to connect all plumbing to the sewerage and water systems
in compliance with this section. If any such person to whom notice
has been given fails to comply with this section within 10 days after
such notice, the Board of Public Works shall cause the necessary connections
to be made and the expense thereof assessed as a special tax against
the property pursuant to W.S.A. s. 281.45.
[Amended 11-30-1999 by Ord. No. 113099B]
D.
Deferred payment. The owner or his or her agent or
the occupant may, within 30 days after the completion of the work,
file a written option with the Village Clerk-Treasurer electing to
pay the amount of the assessment in five equal annual installments
or less, with interest on the unpaid balance at the rate of 1% over
the borrowed funds or prime rate per annum from the completion of
the work. The unpaid balance shall be a special tax lien.
[Amended 11-30-1999 by Ord. No. 113099B]
No person shall maintain or operate a slaughterhouse
or yard for the purpose of slaughtering any animals within the village.
Any person operating a retail or wholesale meat
market business in the village shall at all times keep the business
premises in a clean and neat condition and shall not allow or permit
any foul or offensive odors to emanate from such premises. No filthy
or offensive matter shall be allowed or permitted to remain in or
upon such place of business, and the killing of any cows, swines,
sheep or other small animals upon the premises is prohibited.
