[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993
as Title 11, Ch. 7 of the 1989 Code of Ordinances. Amendments noted where
applicable.]
No person shall erect, contrive, cause, continue, maintain or permit
to exist any public nuisance within the City of Manawa.
As used in this chapter, 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:
Substantially annoy, injure or endanger the comfort, health, repose
or safety of the public.
In any way render the public insecure in life or in the use of property.
Greatly offend the public morals or decency.
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 § 214-2:
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.
Garbage cans. Garbage cans which are not flytight.
F.
Noxious weeds. All noxious weeds and other rank growth
of vegetation.
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 City or within four miles thereof 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 City.
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 City.
J.
Animals at large. All animals running at large.
K.
Accumulations of refuse. Accumulations of old cans, lumber,
elm firewood and other refuse.
L.
Air pollution. The escape of smoke, soot, cinders, noxious
acids, fumes, gases, fly ash or industrial dust within the 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.
M.
Outdoor wood-fired furnaces or water stoves. No person shall
install, use or maintain an outdoor wood-fired furnace or water stove in the
City of Manawa.
[Added 4-17-2006]
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 § 214-2:
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, processed, stored,
brewed, bottled, manufactured or rectified without a permit or license as
provided for by the ordinances of the City.[1]
D.
Continuous violation of city ordinances. Any place or
premises within the City where city 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 City.
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 § 214-2:
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 their
color, location, brilliance or manner of operation, interfere 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 a public
sidewalk less than 10 feet above the surface thereof and all limbs which project
over a public street less than 14 feet above the surface thereof.
F.
Dangerous trees. All trees which are a menace to public
safety or are the cause of substantial annoyance to the general public.
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 City.
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 City, 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.
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 City 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.
A.
Enforcement. The Chief of Police, the Chief of the Fire
Department, the Director of Public Works and inspectors designated by the
Council shall enforce those provisions of this chapter 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 shall determine
that a public nuisance exists within the City and that there is great and
immediate danger to the public health, safety, peace, morals or decency, the
Mayor, upon the recommendation of the appropriate department head, 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 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, the inspecting officer shall serve one notice on the person causing or maintaining the nuisance within a twelve-month period which shall serve as a continuing notice to the person to remove the same within 10 days. If such nuisance or continuing nuisance is not removed within 10 days, the proper officer shall cause the nuisance to be removed as provided in Subsection B.
[Amended 5-21-2007]
D.
Other methods not excluded. Nothing in this chapter shall
be construed as prohibiting the abatement of public nuisances by the City
or its officials in accordance with the laws of the State of Wisconsin.
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 City 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.
[Added 1-3-2000]
It shall be unlawful for any person or persons who are the owners or occupants of any premises to allow, initiate or maintain any gathering on that premises in which tenants, invitees, visitors or trespassers engage in any unlawful activity. Unlawful activity shall include, but not be limited to, violations of any municipal ordinances or statutes. A person will be deemed to have permitted the gathering if that person is on the premises while the unlawful activity is occurring and has not informed the police thereof. Any person violating this section shall be subject to the penalties provided in Chapter 1, § 1-21, General penalty.
[Added 12-18-2006]
A.
Nuisance activity occurring on a premises three times
on separate days during a six-month period and resulting in enforcement action
shall constitute a chronic nuisance premises.
B.
CHIEF
ENFORCEMENT ACTION
NUISANCE ACTIVITY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
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, the issuance of a citation, or the issuance of a written
warning.
Any of the following activities, behaviors, or conduct occurring
on a premises:
An act of harassment, as defined in § 947.013 of the Wisconsin
Statutes.
Disorderly conduct, as defined in § 947.01 of the Wisconsin
Statutes.
Battery, substantial battery or aggravated battery, as defined in § 940.19
of the Wisconsin Statutes.
Lewd and lascivious behavior, as defined in § 944.20 of the
Wisconsin Statutes.
Prostitution, as defined in § 944.30 of the Wisconsin Statutes.
Theft, as defined in § 943.20 of the Wisconsin Statutes.
Receiving stolen property, as defined in § 943.34 of the Wisconsin
Statutes.
Arson, as defined in § 943.02 of the Wisconsin Statutes.
Possession, manufacture, or delivery of a controlled substance or related
offenses, as defined in Chapter 961 of the Wisconsin Statutes.
Gambling, as defined in § 945.02 of the Wisconsin Statutes.
Trespassing, as defined in §§ 943.13 and 943.14 of the
Wisconsin Statutes.
Any conspiracy to commit, as defined in § 939.31 of the Wisconsin
Statutes, or attempt to commit, as defined in § 939.32 of the Wisconsin
Statutes, any of the activities, behaviors or conduct enumerated in Subsections
B(1) through (14) above.
The owner of the premises and his or her agent.
An individual dwelling unit or an individual business premises and
associated common areas.
C.
Notice. Whenever the Chief determines that three or more
nuisance activities resulting in enforcement action have occurred at a premises
on separate days during a six-month period, the Chief shall notify the premises
owner in writing. In reaching this determination, the police shall not 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 by certified
mail.
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 C of this section, that this nuisance activity has occurred not less than 15 days after notice has been issued nor more than 180 days after the last enforcement action, and that reasonable efforts have not 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.
F.
Continuing ordinance violation, Any violation of the
City of Manawa Code that is not corrected within a reasonable time after notice
from the City to a responsible party is a public nuisance.
G.
Violations and penalties.
(1)
First offense. Any person who shall violate any provision
of this chapter or any regulation, rule or order made hereunder shall forfeit
not less than $100 nor more than $1,000.
(2)
Subsequent offenses. Any person who shall violate any
provision of this chapter or any regulation, rule or order made hereunder
within 24 months after committing a previous violation of this chapter shall
forfeit not less than $200 nor more than $2,000.
