[Adopted by the Town Board of the Town of Pittsfield 5-13-1997 as §§ 3.401
to 3.403 of the 1997 Code; amended in its entirety 3-13-2018. Subsequent
amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Town of Pittsfield.
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 of 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 public way.
E.
Any condition
or use of premises or of building exteriors which is detrimental to
the property of others or which causes or tends to cause substantial
diminution on the value of the property in the neighborhood in which
such premises are located.
No person shall throw or deposit any weeds, sod, brush, cans,
garbage, or rubbish on or along any highway, or upon the lands of
another within the limits of the Town, except that it shall be lawful
to dump any such material in or upon any public dumping grounds duly
designated as such by the Town Board so long as any such dumping is
done in full compliance with any applicable rules and regulations.
The following acts, omissions, places, conditions and things
are hereby specifically declared to be public nuisances affecting
health but shall not be construed to exclude other health nuisances
coming within the definition of § 179- 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 buried or otherwise disposed
of in a sanitary manner within 24 hours of death.
C.
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 breed.
D.
All stagnant water in which mosquitoes, flies, or other insects can
multiply.
E.
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, or industrial dust within the Town of such quantities as
to endanger the health of persons of ordinary sensibilities or to
threaten or cause substantial injury to property.
I.
The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage, creamery or industrial wastes, refuse,
garbage or other substance.
J.
Any use of property, substances, or things within the Town emitting
or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable
odors, 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 with the Town.
K.
All abandoned wells not securely covered or secured from public use.
L.
Any obstruction in or across any watercourse, drainage ditch or swale.
M.
The deposit of garbage, refuse, or any offensive substance on any
public or private property except as may be permitted by ordinance.
N.
Junked vehicles. Disassembled, dismantled, partially dismantled, inoperable, junked, wrecked, or unlicensed motor vehicles, truck bodies, tractors, trailers, boats or campers, exempting farm equipment on land used for agricultural purposes, in such state of physical or mechanical ruin as to be incapable of propulsion or of being operated upon the public streets, highways, or waters. See § 179-3.1 herein.
A.
PERSON
PROPERTY
STREET and HIGHWAY
VEHICLE
Definitions.
In this section, the following terms shall have the meanings indicated:
Any person, firm, partnership, corporation, association,
company, or organization of any kind that owns or leases real estate
in the Town.
Any real property within the Town which is not a street or
highway.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
A machine propelled by power other than human power and shall
include without limitation automobiles, trucks, ATV, snowmobile, and
motorcycles, whether operable or inoperable.
B.
Nuisance
vehicles. No vehicles shall be allowed to remain outside a closed
building upon public or private property within the Town for a period
in excess of six months unless it is in connection with a duly authorized
business enterprise in a properly zoned area.
C.
Abandonment
of vehicles. No person shall abandon any vehicle within the Town,
and no person shall leave any vehicle at any place within the Town
for such time and under such circumstances as to cause such vehicle
to appear to have been abandoned.
D.
Wrecked
vehicles on street. No person shall leave any partially dismantled,
nonoperating, wrecked, or junked vehicles on the street or highway
within the Town.
E.
Enforcement.
(1)
Public
property and streets. If any Town Board Member, Zoning Administrator,
or police officer finds any vehicle placed or stored upon public property
or on a public street or highway in violation of this section, such
vehicle shall be removed to a junk or salvage yard and stored there
for 30 days or until claimed by the owner, whichever is sooner. Unclaimed
vehicles shall be disposed of in accordance with state law.
(2)
Private
property.
(a)
If any Town Board Member, Zoning Administrator, or police officer
finds any vehicle placed or stored upon private property in violation
of this chapter, the owner of such property shall be given notice
by certified mail or personal service (in the event of inability to
mail or personally serve, said notice may published twice in a local
newspaper) to remove the same within seven days of delivery of said
notice. If such vehicle is not removed within the time specified,
the Town Board Member, Zoning Administrator, or police officer shall
issue a violation notice to the owner of the property upon which the
vehicle is placed or stored.
(b)
The owner of any property on which a vehicle is stored or permitted
to remain in violation of this chapter, as well as the owner of the
vehicle, shall be jointly and severally liable for violations of this
section.
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 with the definition of § 179-2 of this chapter:
A.
All disorderly houses, bawdy houses, houses of ill fame, gambling
houses, and buildings or structures kept or restored to for the purpose
of prostitution, promiscuous sexual intercourse, total nudity, or
gambling.
B.
All gambling devices and slot machines.
C.
All places where intoxicating liquor or fermented malt beverages
are sold, brewed, bottled, manufactured, or rectified without a permit
or license as provided by the Town.
D.
Any place or premises where Town 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 or fermented malt beverages in violation of the laws of the
State of Wisconsin or the ordinances of the Town.
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 § 179-2 of this chapter:
A.
All ice and snow not removed from the public sidewalks with 24 hours
after it has ceased to fall thereon.
B.
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.
All buildings erected, repaired or altered within the fire limits
of the Town in violation of the provisions of the ordinances of the
Town relating to materials and manner of construction of buildings
and structures within said district.
D.
All unauthorized signs, signals, markings, or devices which purport
to be, or may be mistaken as, official traffic control devices placed
or maintained upon or in view of the public highway or railway crossing.
E.
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 limbs of trees which project over a public sidewalk less the
eight feet above the surface thereof or less than 10 feet over the
surface of a public street.
G.
All uses or display of fireworks except as provided by the laws of
the State of Wisconsin and ordinances of the Town.
H.
All buildings or structures so old, dilapidated or out of repair
so as to be dangerous, unsafe, unsanitary, or otherwise unfit for
human use.
I.
All wires over streets, alleys or public grounds which are strung
less than 15 feet above the surface of the street or ground.
J.
The obstruction of streets, alleys, sidewalks or crosswalks and all
excavations in or under the same, except as permitted by ordinances
of the Town, or which, although made in accordance with such ordinances,
are kept or maintained for an unreasonable length of time after the
purpose thereof has been accomplished.
K.
All open and unguarded pits, wells, excavations, or unused basements
freely 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 cannot be opened by pushing
from the inside by a small child.
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 Town or
laws of the State of Wisconsin relative to the storage of flammable
liquids.
O.
Any structure, material or condition which constitutes a fire hazard
or will impair extinguishing of any fires.
P.
Any and all excavations, including basements, which have been abandoned
or for which a building permit has become null and void, or which
permit has been revoked by the Zoning Administrator.
Q.
All loud and unusual noises or annoying vibrations, which offend
the peace and quiet of persons of ordinary sensibilities.
R.
All trees
which are a menace to public safety or are the cause of substantial
annoyance to the general public.
S.
Any authorized
or unlawful use of property abutting on a public street, alley or
sidewalk 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.
T.
Any nuisance
so defined by the Wisconsin Statutes.
A.
Dense smoke. The emission of dense smoke from the smokestack of any
engine or from the smokestack or chimney of any building within the
Town is hereby declared to be a public nuisance and is prohibited.
B.
Furnace or stationary engine. The owner, lessee, or occupant of any
building or the fireman, engineer, or any other person having charge
or control of any furnace or stationary engine who shall cause, permit
or allow dense smoke to issue or to be emitted from the smokestack
or chimney connected with any such furnace of stationary engine within
the Town shall be guilty of creating a public nuisance and of violating
the provisions of this section.
C.
All soot prohibited. The emission of soot, cinders, or coal dust
from any chimney, stack, furnace, or from any building within the
Town is hereby declared to be a public nuisance and is prohibited.
No person shall store junk or discarded property, including
old, unused junk and automobiles not in good, safe operating condition,
and any other vehicles or personal property of any kind, or automobile
parts, trucks, tractors, machinery, machinery implements, or machinery
parts, refrigerators, furnaces, washing machines, stoves, wood, bricks,
cement blocks or other unsightly debris which is no longer safely
usable for the purpose for which it was manufactured and/or which
substantially depreciates property values in the neighborhood, except
in an enclosure which houses such property from public view or upon
permit issued by the Town. A violation of this section is declared
a public nuisance.
The Town acknowledges the need for agricultural practices and
recognizes that the law should not hamper agricultural production.
In order to protect the interests of all involved, the Town hereby
adopts § 823.08, Wis. Stats. (as from time to time amended,
repealed or modified by the Wisconsin Legislature), for the judging
of actions within this chapter against agricultural uses or practices.
A.
Inspection of premises. Whenever complaint is made to the Town Board
that a public nuisance exists, the Board shall notify the County Health
Officer or Building Inspector, and the County Health Officer, Building
Inspector or the Board itself shall forthwith inspect or cause to
be inspected the premises and shall make a written report of the findings.
Whenever practical, the inspecting officer shall cause photographs
to be made of the premises and shall file the same in the office of
the Town Clerk.
B.
Summary abatement.
(1)
Notice to owner. If the inspecting officer shall determine that a
public nuisance exists on private property, and that there is great
and immediate danger to the public health, safety, peace, morals or
decency, the Town Chair may direct the inspecting officer to serve
notice on the owner or, if the owner cannot be found, on the occupant
or person causing, permitting, or maintaining such nuisance and to
post a copy of the notice on the premises. Such notice shall direct
the owner, occupant, or person causing, permitting or maintaining
such nuisance to abate or remove such nuisance within 24 hours and
shall state that unless the nuisance is so abated the Town will cause
the same to be abated and will charge the cost thereof to the owner,
occupant, or person causing, permitting or maintaining the same.
(2)
Abatement by Town. If the nuisance is not abated within the time
provided, or if the owner, occupant or person causing the nuisance
cannot be found, the Town Board shall cause the abatement or removal
of such nuisance.
C.
Abatement by court action. If the inspecting officer shall determine
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 Town Board, which shall
cause an action to abate such nuisance to be commenced in the name
of the Town in the Circuit Court for Brown County in accordance with
the provisions of Ch. 823, Wis. Stats.
D.
Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the Town or its
officials in accordance with the laws of the State of Wisconsin.
E.
Cost of abatement. 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
Town 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 special taxes.
The penalty for violation of any provision of this chapter shall
be a forfeiture of not less than $75 nor more than $1,000 together
with the actual costs of prosecution, including attorneys' fees. Each
day of continuing violation shall constitute a separate offense and,
in default of payment of such forfeiture and costs of prosecution,
the person convicted may be imprisoned in the County Jail of Brown
County until said forfeiture and cost are paid, but not to exceed
30 days for each violation.