Village of Wales, WI Chapter 300 Nuisances

[HISTORY: Adopted by the Village Board of the Village of Wales 4-17-1989 as §§ 10.01 to 10.07, 10.10, 10.11 and 10.12 of the 1989 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Adult-oriented establishments — See Ch. 139.

Animals — See Ch. 148.

Outdoor burning — See Ch. 167.

Intoxicating liquor and fermented malt beverages — See Ch. 255.

Peace and good order — See Ch. 314.

Property maintenance — See Ch. 335.

Sewage disposal systems — See Ch. 354.

Solid waste — See Ch. 376.

§ 300-1 Public nuisances prohibited.

No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the Village.

§ 300-2 Public nuisance defined.

A public nuisance is a thing, act, occupation, condition or use of property which continues 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; or

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.

§ 300-3 Public nuisances affecting health.

The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 300-2:

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 insects or vermin. 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 can 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 not to exceed six inches. The Village may cause all weeds and grass to be cut and removed and brush to be removed and the cost thereof charged to the property under § 66.0627, Wis. Stats.

G. Noxious odors. Any use of property, substances or things within the Village emitting or causing any foul, offensive, noisome, 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.

H. Street pollution. Any use of property which causes any noxious or unwholesome liquid or substance to flow into or upon any street, gutter, alley, sidewalk or public place within the Village.

I. 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 threaten or cause substantial damage to property in the Village.

§ 300-4 Public nuisances affecting peace and safety.

The following acts, omissions, places, conditions and things are 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 § 300-2:

A. Dangerous signs, billboards and awnings. All signs, 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 Village ordinances 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 official traffic control devices or railroad signs or signals 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. Low-hanging 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. See § 66.0413, Wis. Stats.

I. Low-hanging wires and cables. All wires and cables over streets, alleys or public grounds which are strung less than 18 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 greatly annoys or disturbs any person of ordinary sensibilities.

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 ordinances of the Village, but including those 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.

§ 300-5 Public nuisances offending morals and decency.

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 § 300-2 of this chapter:

A. Disorderly houses. All disorderly houses, houses of prostitution, 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. 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.

§ 300-6 Noxious weeds.

A. State law adopted. Sections 66.0407 and 66.0517, Wis. Stats., pertaining to noxious weeds are adopted by reference and made a part of this section.

B. Defined. The following weeds are declared to be noxious in the Village: all types of thistles, ragweed, marijuana that is not grown or cultivated for lawful commercial purposes, English charlock or wild mustard, field bindweed, commonly known as "creeping jenny," goat's beard, harmful barberry, field dodder, Indian mustard, oxeye daisy, snapdragon or butter and eggs, poison ivy, leafy spurge, burdock, yellow rocket, quack or quitch grass, goldenrod and pigweed.

C. Service by Fire Department. If a fire occurs in an area where the noxious weeds have not been cut as required by this section, which fire requires the services of the Village Fire Department to control, the owner shall be liable to the Village for all costs and expenses incurred by such fire and shall pay the same upon written notice from the Village Clerk as to the amount thereof. If such payment is not made within 30 days from notice of the Village Clerk, the amount thereof shall be placed upon the tax roll and assessed against the real estate upon which such fire occurred and collected by the Village at the next succeeding tax collection.

§ 300-7 Vehicles, junk and trash.

A. Definitions. For the purpose of this section the following definitions shall be applicable:

ABANDONED MOTOR VEHICLE

A motor vehicle which through disuse and failure to be used remains in one location for a period of 30 consecutive days or more or a motor vehicle which has been reported as stolen to any law enforcement agency or a motor vehicle which does not have affixed thereto a current motor vehicle license.

DISCARDED MOTOR VEHICLE

A motor vehicle placed upon public or private property without the permission or knowledge of the owner of such property and a motor vehicle the ownership of which the real estate owner is unaware.

DISMANTLED MOTOR VEHICLE

Any motor vehicle which has parts, accessories or equipment removed therefrom so that same cannot be operated legally upon any highway.

EQUIPMENT

Any part of a motor vehicle or any accessories for use thereon which affect the safety or operation of such motor vehicle or the safety of the occupants therein.

JUNK

Old iron, chain, brass, copper, tin, lead, other base metals, trailers, farm machinery and equipment or any parts thereof to be junked or demolished, taken apart or destroyed for salvage materials, paper, wastepaper, used lumber or building material, paper clippings, rags, rubber, glass or bottles, waste petroleum products, including but not necessarily limited to lubricating oil and greases, and all articles and things discarded as manufactured articles composed of or consisting of any one or more of the articles mentioned, including industrial metal or scrap or other material commonly included within the term.

JUNKED MOTOR VEHICLE

Any motor vehicle which has been wrecked or damaged in such a manner that it cannot safely or legally be operated.

MOTOR VEHICLE

A vehicle which is designed for operation on land, which is self-propelled and can be used for transporting people or materials, and including but not limited to automobiles, trucks, buses, motorized campers, motor vehicles, motorcycles, motor scooters and tractors.

NONOPERABLE MOTOR VEHICLE

A motor vehicle, parts of which have been removed from the motor vehicle rendering the same incapable of being safely or legally operated.

REMOVAL

The physical relocation of a motor vehicle and/or accessories or equipment.

TRASH

Any rubbish, ashes, paper, dirt, discarded stones or bricks, tin cans, boxes, barrels, discarded wood and lumber, brush and any form of discarded vegetation, foundry sand and industrial waste of any kind or description.

WRECKED MOTOR VEHICLE

Any motor vehicle which has been damaged by collision either with a motor vehicle or a stationary object and parts of which are bent, broken or unattached so that it is rendered incapable of being safely or legally operated.

B. Storage of nonoperable vehicles.

(1) No person shall store or allow to remain in the open upon any public or private property within the Village any dismantled, nonoperable, unlicensed, junked or wrecked motor vehicles or parts thereof.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) The storage of any wrecked or damaged motor vehicle upon premises operated as an automotive sales or repair business enterprise located in a properly zoned area shall be permitted for a period not to exceed 30 days.

C. Junk or trash. No person shall engage in the junk business or the accumulation and storage of junk within the Village. No trash shall be stored except in a closed metal container or rodent-proof container.

D. Removal from public highway and public property. No person shall leave any dismantled, partially dismantled, abandoned, junked, wrecked, nonoperable or discarded motor vehicle or motor vehicle accessories or equipment on any public street or highway or upon any public property in the Village. Any such vehicle and/or accessories or equipment shall be summarily removed by Village equipment or a private towing company under the direction of the Building Inspector to a lawful place of storage. Notice shall be given by certified mail to the owner of record of the vehicle, accessories or equipment, if such owner can be ascertained by the exercise of reasonable diligence, of the removal of such motor vehicle, accessories or equipment and the place where the same is stored, and such notice shall further state that if the owner does not reclaim such vehicle, accessories or equipment within five days from the date of such notice and pay the costs and expenses for such removal and storage charges as set by the Village Board, the same will be summarily disposed of in any manner deemed desirable by the Village. If the owner of record cannot be ascertained, notice as provided herein shall be given as a Class 1 notice in the official Village newspaper.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 300-8 Abatement of public nuisances.

A. Inspection of premises. Whenever complaint is made to the Village President that a public nuisance exists within the Village, he/she shall promptly notify the County Health Officer, who shall immediately inspect or cause to be inspected the premises and shall make a written report of his findings to the Village President.

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 such nuisance does not threaten great and immediate danger to the public health, safety, peace, morals or decency, he/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 10 days, the proper officer shall cause the nuisance to be removed as provided in Subsection B.

D. Other methods not excluded. 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.

E. Court order. Except when necessary under Subsection B, 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.

§ 300-9 Recovery of abatement costs.

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 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.

§ 300-10 Violations and penalties.

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 § 1-4 of this Code.