[HISTORY: Adopted by the Village Board of the Village of Dane as indicated in article histories. Amendments noted where applicable.]
Alarm systems — See Ch. 190.
Animals — See Ch. 197.
Fireworks — See Ch. 298.
Hazardous materials and pollutants — See Ch. 310.
Intoxicating liquor and fermented malt beverages — See Ch. 324.
Juveniles — See Ch. 336.
Peace and good order — See Ch. 395.
Property maintenance — See Ch. 408.
Solid waste — See Ch. 449.
Streets and sidewalks — See Ch. 457.
Trees and shrubs — See Ch. 480.
Abandoned vehicles — See Ch. 491.
Article I Health Nuisances
Article II Public Nuisances
[Adopted 4-1-1996 as Secs. 8-1-1, 8-1-2, 8-1-3, 8-1-7, 8-1-8 and 8-1-9 of the 1996 Code]
The Village Board may make reasonable and general rules for the enforcement of the provisions of this article and for the prevention of the creation of health nuisances and the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Board shall be subject to the general penalty provided for in § 1-4 of this Code.
Definitions. As used in this article, the following terms shall have the meanings indicated:
- HEALTH NUISANCE
- Any source of filth or cause of sickness.
No person shall deposit or cause to be deposited in any public street or on any public ground or on any private property not his own any refuse, garbage, litter, waste material or liquid or any other objectionable material or liquid. When any such material is placed on the person's own private property, it shall be properly enclosed and covered so as to prevent the same from becoming a public nuisance.
Whenever public sewer or water service has become available to any building used for human habitation or human occupancy, the Village Board shall notify, in writing, the owner, agent or occupant thereof to connect such facilities thereto. If such persons to whom the notice has been given shall fail to comply for more than 10 days after notice, the Village Board shall cause the necessary connections to be made and the expenses thereof to be assessed as a special tax against the property pursuant to § 281.45, Wis. Stats.
The Village Board may extend the time for connection hereunder or may grant other temporary relief where strict enforcement would work an unnecessary hardship without corresponding public or private benefit.
This section is enacted pursuant to § 281.45, Wis. Stats.
Inspections. Whenever the Building Inspector, Fire Inspector or other authorized Village official shall, upon inspection of any premises within the Village of Dane, find that there is deposited, placed, stored or remaining on said premises any garbage, junk, rubbish, rubble, trash, abandoned, outmoded or nonsalable merchandise or parts, accumulation of grease or food wastes in a grease trap or other place or depository which presents a risk of clogging or blocking a sewer system, or any other unhealthy, hazardous or unsightly materials or things which create a fire or health hazard or which are detrimental to the appearance, neatness and cleanliness of the immediate neighborhood or the Village of Dane in general, such official shall issue his written order to the owner and/or occupant of the premises to remove said garbage, junk, rubbish, rubble, trash, abandoned, outmoded, or nonsalable merchandise or parts, accumulation of grease or food wastes in a grease trap or other place or depository which presents a risk of clogging or blocking a sewer system, or other unhealthy, hazardous or unsightly materials or things. Said written order shall provide that such removal shall be accomplished within 10 days after service of said order upon the owner or occupant of the premises involved. Such written order, in addition to specifying and describing the materials or things to be removed, shall also set forth on the face thereof the provisions of Subsection B.
Appeal. Any person feeling himself aggrieved by any order of a Village official under this section may, within 10 days from the date of receipt of such order, appeal such order to the Village Board.
Exceptions. Nothing contained in this section shall be construed to prohibit the depositing of rubbish, rubble, junk, trash, abandoned, outmoded or nonsalable merchandise or parts or unsightly materials or things which are:
Nonconforming uses. It shall not be a defense to the provisions of this section that the owner or occupant of the premises involved has a nonconforming use under the provisions of Chapter 520, Zoning, but the provisions of this section shall be complied with notwithstanding that the owner or occupant of any given premises is using or occupying such premises under a valid nonconforming use.
Definitions. The following definitions shall be applicable in this section:
- HARDWARE CLOTH
- Wire screening of such thickness and spacing as to afford reasonable protection against the entrance of rodents.
- OWNER or MANAGER
- Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the Village, as executor, administrator, trustee, guardian or agent, such person or persons shall be deemed and taken to be the owner or owners of such property within the true intent and meaning of this section and shall be bound to comply with the provisions of this section to the same extent as the owner, and notice to any such person of any order or decision of the Building Inspector or his designee shall be deemed and taken to be a good and sufficient notice, as if such person or persons were actually the owner or owners of such property, except that whenever an entire premises or building is occupied as a place of business, such as a store, factory, warehouse, rooming house, junkyard, lumberyard or any other business under a single management, the person, firm or corporation in charge of such business shall be considered the owner or manager.
- RODENT HARBORAGE
- Any place where rodents can live and nest without fear of frequent molestation or disturbance.
- RODENTPROOF CONTAINER
- A container constructed of concrete or metal, or the container shall be lined with metal or other material that is impervious to rodents, and openings into the container such as doors shall be tight-fitting to prevent the entrance of rodents.
- Consists of closing openings in building foundations and openings under and around doors, windows, vents and other places which could provide means of entry for rodents with concrete, sheet iron, hardware cloth or other types of rodentproofing material approved by the Village.
Elimination of rodent harborages. Whenever accumulations of rubbish, boxes, lumber, scrap metal, car bodies or any other materials provide rodent harborage, the person, firm or corporation owning or in control of such materials shall cause the materials to be removed, or the materials shall be stored so as to eliminate the rodent harborage. Lumber boxes and similar materials shall be neatly piled. These piles shall be raised at least a foot above the ground. When the owner of the materials cannot be found after a reasonable search, the owner or manager of the premises on which the materials are stored shall be responsible for disposal, or proper piling, of the materials.
Elimination of rodent feeding places. No person, firm or corporation shall place, or allow to accumulate, any materials that may serve as a food for rodents in a site accessible to rodents. Any waste material that may serve as food for rodents shall be stored in rodentproof containers. Feed for birds shall be placed on raised platforms, or such feed shall be placed where it is not accessible to rodents.
Extermination. Whenever rodent holes, burrows or other evidence of rodent infestation is found on any premises or in any building within the Village, it shall be the duty of the owner or manager of such property to exterminate the rodents or to cause the rodents to be exterminated. Within 10 days after extermination, the owner or manager shall cause all of the rodent holes or burrows in the ground to be filled with earth or other suitable material.
Rodentproofing. It shall be the duty of the owner or manager of any building in the Village of Dane to make such building reasonably rodentproof, to replace broken basement windows and, when necessary, to cover the basement window openings with hardware cloth or other suitable material for preventing rodents from entering the building through such window openings.
[Adopted 4-1-1996 as Title 11, Ch. 6, of the 1996 Code]
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village of Dane.
As used in this article, the following terms shall have the meanings 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.
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 § 379-8:
Adulterated food: all decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public.
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.
Breeding places for vermin, decaying matter, etc.: accumulations of decayed animal or vegetable matter, dung, 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.
Stagnant water: all stagnant water in which mosquitoes, flies or other insects can multiply.
Garbage cans: garbage cans which are not flytight.
Noxious weeds: all noxious weeds and other rank growth of vegetation.
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.
Noxious odors, etc.: any use of property, substances or things within the Village 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, cause discomfort to, injure or inconvenience the health of any appreciable number of persons within the Village.
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.
Accumulations of refuse: accumulations of old cans, lumber, elm firewood and other refuse.
Air pollution: the escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust 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.
Animals at large: all animals running at large.
Outdoor solid-fuel heating devices: devices designed to generate heat or hot water, or both, for the interior of a building by solid fuel combustion where the enclosure in which the combustion takes place is located outside of the building for which the heat or hot water, or both, is to be generated. This includes but is not limited to outdoor wood-burning heating units.
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 § 379-8:
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.
Gambling devices: all gambling devices and slot machines, except as permitted by state law.
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 in the ordinances of the Village.
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.
Illegal drinking: any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the laws of the State of Wisconsin or ordinances of the Village.
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 § 379-8:
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.
Illegal buildings: all buildings erected, repaired or altered in violation of the provisions of the ordinances of the Village relating to materials and manner of construction of buildings and structures within the Village.
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.
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.
Tree limbs: all limbs of trees which project over a public sidewalk less than seven feet above the surface thereof and all limbs which project over a public street less than 14 feet above the surface thereof.
Dangerous trees: all trees which are a menace to public safety or are the cause of substantial annoyance to the general public.
Fireworks: all use or display of fireworks except as provided by the laws of the State of Wisconsin and ordinances of the Village.
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.
Wires over streets: all wires over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.
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.
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 which do not conform to the permit.
Open excavations: all open and unguarded pits, wells, excavations or unused basements accessible from any public street, alley or sidewalk.
Abandoned refrigerators: 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.
Flammable liquids: repeated or continuous violations of the ordinances of the Village or laws of the state relating to the storage of flammable liquids.
Unremoved snow: all snow and ice not removed or sprinkled with ashes, sawdust, sand or other chemical removers, as provided in this Code.
Noise: all loud, discordant and unnecessary noises or vibrations of any kind.
Notice to owner. If the inspecting officer determines that a public nuisance exists within the Village 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 Village 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.
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 officer having the duty of enforcement shall cause the abatement or removal of such public nuisance.
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, the inspector or sanitarian shall file a written report of such findings with the Village President who, upon direction of the Village Board, shall cause an action to abate such nuisance to be commenced in the name of the Village in Dane County Circuit Court in accordance with the provisions of Ch. 823, Wis. Stats.
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 is occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
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 the laws of the State of Wisconsin.
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. Such cost shall be assessed against the real estate as a special charge.
Enforcement. The Chief of Police, Fire Chief, Director of Public Works and Building Inspector 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 § 379-12 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.