[HISTORY: Adopted by the Village Board of
the Village of Webster 3-13-1986 as Title 9, Ch. 6 of the 1986 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 92.
Animals — See Ch. 98.
Brush, grass and weeds — See Ch. 109.
Firearms and weapons — See Ch. 148.
Littering — See Ch. 177.
Noise — See Ch. 200.
Obscenity — See Ch. 209.
Peace and good order — See Ch. 219.
Pollution — See Ch. 224.
Property damage — See Ch. 228.
Property maintenance — See Ch. 230.
Solid waste — See Ch. 254.
Abandoned and junked vehicles and appliances — See Ch. 281.
[Amended 2-10-2016 by Ord. No. 1-2016]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village of Webster.
Any thing, act, occupation, condition, or use of property which has
been defined by the Wisconsin Statutes as a public nuisance is a public
nuisance under this chapter.
[Amended 2-10-2016 by Ord. No. 1-2016]
A.
A "public nuisance" is a thing, act, occupation, condition or use
of property which shall continue for such length of time as to:
(1)
Substantially annoy, injure or endanger the comfort, health, repose
or safety of the public.
(2)
In any way render the public insecure in life or in the use of property.
(3)
Greatly offend the public morals or decency.
(4)
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.
B.
In addition, any violation of the Code of the Village of Webster,
Wisconsin, that is not corrected within a reasonable time after notice
from the Village to a responsible party is a public nuisance.
[Amended 2-10-2016 by Ord. No. 1-2016]
A.
Adulterated food. All decayed, harmfully 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 foods 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 whatsoever 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 flytight.
F.
Noxious weeds. All noxious weeds and other rank growth of vegetation.
All weeds and grass shall be kept cut to a height of not to exceed
eight inches.
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.
Animals at large. All animals running at large.
K.
Accumulations of refuse. Accumulations of old cans, lumber, elm firewood
and other refuse.
L.
No person shall have or maintain any outhouse, privy or vault, nor
shall the same be constructed upon any lot, part of lot or parcel
of land in the Village.
M.
Offensive matter. No person shall put, place, cast or throw any manure,
offal or any other filthy or noisome substance upon any street, alley
or public grounds within the Village. No person shall place or conduct
into any street or alley or upon the margin lands or into the water
of the Yellow River or either of its branches or upon any public grounds,
lot or portion thereof in the Village any putrid or unsound beef,
pork, fish hides or skins of any kind or any filth, offal, manure,
dead animals, rotten vegetables or other unsound or offensive matters
or anything likely to be offensive, nor shall any person allow any
offensive matter to be or remain upon his premises or in any pen,
yard or other place within the Village.
N.
Animal pens. The enforcement agent shall direct the owner or occupants of any premises upon which may be situated any stable, slaughterhouse, sewer, drain, sinks or yard for the keeping of fowl or animals to reasonably and sufficiently cleanse and purify the same. The procedure for giving the notice and for the charging of the expense for cleansing the yard if the owner refuses to do so shall be as provided in § 204-7.
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 § 204-2:
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 the laws of the State of Wisconsin or ordinances
of the Village.
[Amended 2-10-2016 by Ord. No. 1-2016]
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 § 204-2:
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.
B.
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.
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 which project over any public sidewalk, street
or other public place and present a safety hazard.
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
the laws of the State of Wisconsin and ordinances of the Village.
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 over streets. All wires 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.
Open excavations. All open and unguarded pits, wells, excavations
or unused basements accessible from any public street, alley or sidewalk.
M.
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.
N.
Flammable liquids. Repeated or continuous violations of the ordinances
of the Village or laws of the state relating to the storage of flammable
liquids.
O.
Unremoved snow. All snow and ice not removed or sprinkled with ashes,
sawdust, sand or other chemical removers, as provided in this Code.
P.
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 the streets or sidewalks.
Q.
Blighted buildings and premises. Premises existing within the Village
which are blighted because of faulty design or construction, failure
to maintain them in a proper state of repair, improper management,
or due to the accumulation of junk outside of any building or within
an open porch or a vehicle used for storage purposes, or other unsightly
debris, structurally unsound fences, construction debris or materials,
trash, wood, brick, appliances and airtight containers, and other
items which may depreciate property values or be detrimental to the
appearance, neatness, health and cleanliness of the neighborhood,
provided that nothing in this subsection shall prohibit reasonable
storage of construction materials during the construction of any building
or structure.
R.
Junk vehicles. All junked, disassembled, inoperable or wrecked motor
vehicles, or parts thereof, which have been allowed to remain outside
of any building upon public or private property for a period in excess
of 10 days, unless in connection with a permitted automotive sales
or repair business located in a properly zoned area.
[Added 2-10-2016 by Ord.
No. 1-2016[1]]
A.
CHIEF
ENFORCEMENT ACTION
NUISANCE ACTIVITY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
OWNER
PREMISES
Definitions. The following terms shall be defined as follows in this
section:
The Chief of Police or his or her designee.
An arrest or the issuance of a citation.
Any of the following activities, behaviors, or conduct occurring
on a premises:
An act of harassment, as defined in § 947.013, Wis.
Stats.
Disorderly conduct, as defined in § 947-01, Wis. Stats.
Battery, substantial battery, or aggravated battery, as defined
in § 940.19, Wis. Stats.
Lewd and lascivious behavior, as defined in § 940.19,
Wis. Stats.
Prostitution, as defined in § 944.30, Wis. Stats.
Theft, as defined in § 943.20, Wis. Stats.
Receiving stolen property, as defined in § 943.34,
Wis. Stats.
Arson, as defined in § 943.02, Wis. Stats.
Possession, manufacture, or delivery of a controlled substance
or related offenses, as defined in Ch. 961, Wis. Stats.
Gambling, as defined in § 945.02, Wis. Stats.
Animal violations, as defined in Chapter 98 of the Code of the Village of Webster.
Trespassing, as defined in §§ 943.13 and 943.14,
Wis. Stats.
Weapons violations, as defined in Chapter 148, of the Code of the Village of Webster.
Noise violations, as defined in Chapter 200, of the Code of the Village of Webster.
The execution of arrest or search warrants at a particular location.
Alcohol violations, as defined in Chapter 92 of the Code of the Village of Webster and § 125.07, Wis. Stats.
Obstructing or resisting an officer, as defined in § 946.41,
Wis. Stats.
Village of Webster inspection-related calls where the Police
Department responds.
The owner of the premises and his or her agents.
An individual dwelling unit, an apartment building (all units
included as one premises), or an individual business premises and
associated common areas.
B.
Notice. Whenever the Chief determines that three or more nuisance activities described in Subsection A resulting in enforcement action have occurred at a premises during a twelve-month period, the Chief may notify the premises owner in writing. In calculating the requisite nuisance activities, the Chief may count separate qualifying nuisance incidents resulting in enforcement action occurring on the same day (as long as they are distinct in time) or different days but shall never count nuisance activities that were reported by the owner of the premises. The notice shall contain the street address or legal description sufficient to identify the premises, a description of the nuisance activities that have occurred at the premises, a statement indicating that the cost of future enforcement may be assessed as a special charge against the premises, and a notice as to the appeal rights of the owner. The notice shall be delivered pursuant to § 204-7 of this chapter.
C.
Abatement plan. Any owner receiving notice pursuant to Subsection B shall meet with the Chief or his/her designee within 10 days of receipt of such notice. The parties shall review the problems occurring at the property. Within 20 days of this meeting, the owner shall submit to the Chief or his/her designee a written abatement plan to end the nuisance activity on the property. The plan shall also specify a name, address, and telephone number of a person living within 60 miles of the property who can be contacted in the event of further police, fire, or inspection contact.
D.
Additional nuisance activity. Whenever the chief determines that additional nuisance activity has occurred at a premises for which notice has been issued pursuant to Subsection B, that this nuisance activity has occurred not less than 30 days after notice has been issued, and that reasonable efforts have been made to abate the nuisance activity, the Chief may calculate the cost of police response and enforcement for this and any subsequent nuisance activities and cause such charges and administrative costs to be assessed and collected as a special charge.
[Amended 2-10-2016 by Ord. No. 1-2016]
A.
Enforcement. The Chief of Police, or his designee, shall enforce
those provisions of this chapter that come within the jurisdiction
of their offices, and they may make 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 has inspected or caused to be inspected the premises where
the nuisance is alleged to exist and has satisfied himself that a
nuisance does in fact exist.
B.
Summary abatement.
(1)
Order of abatement. If the inspecting officer determines that a public
nuisance exists within the Village and that there is immediate danger
to the public health, safety, welfare, peace and order, he/she may,
without notice or hearing, issue an order reciting the existence of
a public nuisance constituting imminent danger to the public and requiring
immediate action be taken as he/she deems necessary to abate the nuisance.
Notwithstanding any other provisions of this chapter, the order shall
be effective immediately. Any person to whom such order is directed
shall comply with the order immediately to abate or remove such nuisance
within the specified time period.
(2)
Abatement by the Village. Whenever the owner or occupant shall refuse
or neglect to remove or abate the condition described in the order,
the inspecting officer shall, in his discretion, enter upon the premises
and cause the nuisance to be removed or abated, and the Village shall
recover the expenses incurred thereby from the owner or occupant of
the premises or from the person who has caused or permitted the nuisance.
C.
Nonsummary abatement.
(1)
Order of abatement. If the inspecting officer determines that a public
nuisance exists on private premises but that such nuisance does not
threaten immediate danger to the public health, safety, welfare, peace
or order, he/she shall issue an order reciting the existence of a
public nuisance and requiring the owner or occupant of the premises
to remove or abate the condition described in the order within the
time period specified therein, which shall be no shorter than 30 days.
The order shall be served personally on the owner of the building,
as well as the occupant if different from the owner and applicable
to the described nuisance, or at the option of the inspecting officer,
the notice may be mailed to the last known address of the persons
to be served by registered mail with receipt. If the owner or occupant
cannot be served, the order may be served by posting it on the main
entrance of the premises and by publishing a Class 3 notice under
Chapter 985 of the Wisconsin Statutes. The time limit specified in
the order shall run from the date of service or publication.
(2)
Abatement by the Village. If the owner or occupant fails or refuses
to comply with the time period prescribed, the inspecting officer
shall enter upon the premises and cause the nuisance to be removed
or abated, and the Village shall recover the expenses incurred thereby
from the owner or the occupant of the premises or from the person
who has caused or permitted the nuisance.
(3)
Remedy from order. Any person affected by such order may, within
30 days of service or publication of the order, apply to the Circuit
Court for an order restraining the Village, its agents, and employees
from entering on the premises and abating or removing the nuisance,
or be forever barred. The court shall determine if the Village has
met its burden of proving the reasonableness of the order for abatement
of the nuisance.
D.
Abatement in accordance with state law. 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
of Wisconsin.
[Amended 2-10-2016 by Ord. No. 1-2016]
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 abatement or removal of 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.
[Added 2-10-2016 by Ord.
No. 1-2016]
No person shall in any way resist any officer whose duty is
to carry out the provisions of this chapter while acting in the performance
of his duty or resist any officer in the quarantining or placarding
of any house. No person shall remove, deface or mutilate any placard
on such premises or refuse to obey any order of the Village issued
pursuant to and under authority of the Wisconsin Statutes or this
Code.
[Added 2-10-2016 by Ord.
No. 1-2016]
A.
Except as otherwise provided, any person who shall violate any provision
of this chapter or any regulation, rule or order made hereunder or
permit or cause a public nuisance shall be subject to a penalty as
provided in this Code.
B.
Where the Village finds that extraordinary hardship will occur from
the enforcement of this chapter, upon application to the Village Board,
said Village Board may vary the regulations contained herein to afford
substantial justice, provided that such variation will not have the
effect of nullifying the intent and purpose of this chapter.
C.
This chapter becomes effective on publication and posting. The Village
Clerk shall properly publish or post this chapter as required under
§ 60.80, Wis. Stats.
