[HISTORY: Adopted by the Town Board of the Town of Oconomowoc
as Ch. 10 of the 1986 Town Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Town.
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.
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 specifically declared to be public health nuisances; but such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 207-2:
A.
Adulterated food: all decayed, adulterated or unwholesome food or
drink sold or offered for sale to the public.
B.
Carcasses, unburied: 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.
Insects or vermin, breeding places for: 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.
Water, stagnant: 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.
Weeds, noxious: see § 66.0407, Wis. Stats.
G.
Pollution, water: 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.
Odors, noxious: any use of property, substances or things within
the Town 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 Town.
I.
Pollution, street: 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 Town.
J.
Pollution, air: the escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash, industrial dust or other atmospheric pollutants
within the Town 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 Town.
K.
Animals, loose: any animals running at large in the Town.
The following acts, omissions, places, conditions and things are 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 § 207-2:
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 Town.
D.
Continuous violation of Town ordinances: any place or premises within
the Town where Town 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 state laws.
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 § 207-2:
A.
Dangerous signs, billboards, etc.: 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 Town ordinances relating to materials and manner of construction
of buildings and structures within the Town.
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, 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 Town 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.
I.
Low-hanging wires and cables: all wires and cables 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, greatly annoys or disturbs a neighborhood
or any considerable number of persons within the Town.
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 Town, 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.
L.
Unlawful assemblies: any unauthorized or prohibited 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.
M.
Snow and ice: all ice not removed from public sidewalks and all snow
not removed from public sidewalks within 24 hours after it has ceased
to fall thereon.
[Added 11-18-2002]
[Amended 1-21-1991]
A.
Open burning defined; required receptacles.
(1)
Open
burning is defined as a controlled, limited-size open-area fire, either
with or without use of a burning receptacle.
(2)
Metal or noncombustible receptacle required. No person shall kindle
or maintain any open burning in burning receptacles unless said receptacle
is metal and noncombustible with an appropriate cover so as to retain
all burning material within the receptacle and unless the receptacle
is resting upon a noncombustible base or on ground and is at least
15 feet away from any combustible material.
[Added 10-16-1995]
B.
Permit required; exceptions.
(1)
Except as provided in Subsection B(2), no person shall kindle or maintain any open burning or authorize the kindling or maintaining of any open burning within the limits of the Town without first securing a written permit from the Chief of the Fire Department serving the fire district area in which the burning is intended. The permit shall be valid only for the days and time periods specified by the Chief. Copies of each permit shall be on file with the Fire Chief, Town Clerk and Police Department. In the absence of the Fire Chief, an assistant fire chief shall be authorized to issue such permits. Applications for burning permits shall be made not less than 24 hours prior to the intended burn.
C.
Size of pile. The size of the pile of material to be burned shall
not exceed four feet by four feet by three feet high or as permitted
by the Fire Chief.
D.
Location. The location of the open burning shall be approved by the
Fire Chief and either:
(1)
The pile of material being burned shall be at least 50 feet from
any structure, wood or lumber pile or wooden fence and provisions
shall be made to prevent the fire from spreading to within 50 feet
of such items; or
(2)
The fire shall be contained in an approved burner located at least
15 feet from any structure, wood or lumber pile or wooden fence.
E.
Material for burning.
F.
Supervision. Open burning shall be constantly attended and supervised
by a competent person at least 16 years of age until such fire is
extinguished. This person shall have readily available for use fire-extinguishing
equipment deemed necessary by the Fire Chief.
G.
Time of burn. Open burning shall be permitted only from 7:00 a.m.
to 1/2 hour after sunset or as permitted by the Fire Department having
jurisdiction.
H.
Prohibitions. Outdoor burning shall be prohibited as follows:
(1)
When the wind velocity exceeds nine miles per hour or local circumstances
make the fires potentially hazardous. Local circumstances include,
but are not limited to, thermal inversions, ozone alerts and very
dry conditions.
(2)
No burning shall take place within 25 feet of the high water mark
of lake shores, streams or other watercourses or in roadside ditches.
(3)
No building, structure or materials from a razed building shall be
burned, unless it shall be a fire for the practice and instruction
of fire persons or the testing of fire-fighting equipment and shall
be under the supervision of the Fire Department.
(4)
There shall be no open burning on construction sites of any building
materials.
(5)
No open burning of leaves shall be permitted when the location of
the leaf pile and the wind velocity may cause smoke to create a nuisance
for adjacent property owners. This prohibition shall apply regardless
of the wind velocity.
I.
Town Fire Warden; fires on lands in Town.
(1)
Section 26.13, Wis. Stats., is hereby adopted by reference.
(2)
Whenever the Town Board deems it imprudent to set fires upon any
land within the Town, the Board shall post or cause to be posted in
five or more public places in the Town notices prepared by the Department
of Natural Resources or shall place one such notice in the official
Town paper forbidding the setting of the fires in the Town and, after
the posting of the notices, no person may set any fire upon any land
in the Town, except for warming the person or cooking food, until
written permission has been received from the Town Chairman.
J.
Bonfires.
(1)
Defined. A bonfire is defined as a large open-area fire kindled to
mark a public event, victory celebration or similar occurrence where
dry, combustible material, such as wood, paper, and similar items,
are burned.
(2)
Authorization required. All persons shall obtain authorization from
the Fire Chief for the fire district in which the bonfire is proposed
to be located before kindling or maintaining any bonfire or authorizing
the kindling or maintaining of any bonfire on any premises.
(3)
Quantity of material to be burned. The allowable quantity of material
to be burned shall be determined by the Fire Chief and shall be based
upon the firesafety considerations of the situation and the desired
duration of burn.
(4)
Material for burn.
(a)
Fuel for bonfires shall consist of dry material only and shall
not be ignited with flammable or combustible liquids.
(b)
Material for bonfires may not include rubbish, garbage, trash
or material made of or coated with rubber, plastic, leather or petroleum-based
materials and may not contain any flammable or combustible liquids.
(5)
Other regulations. Persons kindling or maintaining bonfires or authorizing
the kindling or maintenance of bonfires shall be subject to the ordinances
of the Town and the regulations of the Fire Department of the district
in which located.
[Amended 1-15-2018 by Ord. No.
2018-1]
It is determined that the health and general welfare of the
Town requires preventive tree care of infected trees within the Town,
including disposal of any such infected trees. Hazardous trees shall
be defined to include, but are not necessarily limited to, any of
the following:
A.
Any tree or shrub or part thereof located upon any public or private
property which is infected with an infectious plant disease, or is
infested with injurious insects or pests, so as to threaten the health
of other trees or shrubs in the Town, including but not limited to
the following disease and infestation conditions.
(1)
Dutch elm disease, defined as follows: any elm tree or part thereof
infected with the Dutch elm disease fungus Ceratocystis ulmi (Buisman),
or which harbors any of the elm bark beetles Scolytus multistriatus
(Eichh.) or Hylurgopinus rufipes (Marsh.). Also included are any dead
elm tree or parts thereof, including logs, branches, stumps, firewood
or other elm material not buried or burned or from which the bark
has not been removed.
(2)
Asian long-horned beetle infestation, defined as follows: any tree
or shrub or part thereof, or logs, branches, stumps, firewood or other
tree or shrub material, which harbors the Asian long-horned beetle
(Anoplophora glabripennis).
(3)
Emerald ash borer infestation, defined as follows: any tree or shrub
or part thereof, or logs, branches, stumps, firewood or other tree
or shrub material, which harbors the emerald ash borer (EAB) (Agrilus
planipennis).
(4)
Oak wilt. If more than a single oak tree dies from any cause and there is an infestation that is likely to spread among a series of oak trees, the Public Works Superintendent has the authority to retain a forester or arborists for an opinion as to the cause and whether such wilt may potentially spread to non-infested trees. If an oak tree or oak trees are so affected, § 207-7.1 through § 207-7.6 shall apply to the recommended or ordered treatment.
B.
Trees creating dangerous conditions.
(1)
Any tree or shrub that overhangs any public sidewalk, public pathway,
public street or other public right-of-way in the Town in such a manner
as to impede or interfere with any public easement or traffic or travel
on such public pathway, public sidewalk, public street or other public
right-of-way, including, but not limited to, any tree or shrub that
obstructs street illumination or the vision of persons traveling such
public sidewalk, public pathway, public street, or other public right-of-way.
(2)
Any part of a tree or shrub that, due to disease, insect infestation
or any defective condition, is likely to fall and impair access to
a public right-of-way or public place.
[Added 1-15-2018 by Ord. No. 2018-1]
All dead or freshly cut wood infected as described in § 207-7 shall be burned or treated with an approved spray and oil base as approved by the Town Public Works Superintendent, and it shall be unlawful to keep any dead or freshly cut diseased wood on any premises in the Town of Oconomowoc unless so treated.
[Added 1-15-2018 by Ord. No. 2018-1]
The Town Public Works Superintendent or any member of the Town
Board, with the permission of the property owner or occupant or by
inspection warrant, may enter upon private property within the Town
for the purpose of inspecting all trees thereon to determine whether
any of such trees are infected or diseased or in need of other preventative
measures and is further empowered to inspect such private premises
to determine the presence of any infected logs, firewood, or stumps,
or the presence of any dead trees.
[Added 1-15-2018 by Ord. No. 2018-1]
Hazardous trees or trees that create a dangerous condition are
declared to be a public nuisance. No person shall permit any hazardous
tree or tree that creates a dangerous condition public nuisance to
remain in or on any premises owned or leased by that person within
the Town of Oconomowoc.
[Added 1-15-2018 by Ord. No. 2018-1]
The Town Public Works Superintendent or the Town Board may order
any property owner to remove and destroy any hazardous tree or tree
that creates a dangerous condition. Notice shall be given by mailing
a notice to the last known address of the property owner by registered
mail or by delivery of notice and service thereof by any law enforcement
officer on such owner or agent of said owner.
[Added 1-15-2018 by Ord. No. 2018-1]
When any property owner is directed to remove a tree or spray
a tree or area, he/she shall advise the Town Board of his/her compliance
within 20 days after receipt of the notice.
[Added 1-15-2018 by Ord. No. 2018-1]
A.
All trees in Town-owned rights-of-way pre-existing the date of adoption of §§ 207-7 through 207.7 may remain as is, unless and until removal is determined by the Town of Oconomowoc Department of Public Works Superintendent.
B.
Trees within the Town-owned rights-of-way shall be inspected by the
Department of Public Works Superintendent to determine if said tree
shall be removed. All dead, dying, diseased or hazardous trees within
Town rights-of-way shall be removed at the discretion of the Department
of Public Works Superintendent.
C.
No person shall plant or replace any tree or shrub on any Town-owned
property, including but not limited to, all Town rights-of-way, without
obtaining specific approval of the Town of Oconomowoc Town Board.
[Added 1-15-2018 by Ord. No. 2018-1]
A.
Enforcement. The Constable, Fire Chief, Building Inspector and Health
Officer 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 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. If the inspecting officer determines that a public
nuisance exists within the Town and that there is great and immediate
danger to the public health, safety, peace, morals or decency, the
Chairman 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 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 Town 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 are occupied and, if such permission is denied, shall apply to any court having jurisdiction for an order assisting the abatement of the public nuisance.
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 a special charge.
