Town of Oconomowoc, WI Chapter 207 Nuisances

[HISTORY: Adopted by the Town Board of the Town of Oconomowoc 2-20-2023 by Ord. No. 2023-1.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also repealed former Ch. 207, Nuisances, adopted as Ch. 10 of the 1986 Town Code.

§ 207-1 Public nuisances prohibited.

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

§ 207-2 "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.

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.

§ 207-3 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 § 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. 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.

§ 207-4 Public nuisances offending morals and decency.

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. An act of harassment as defined in Wis. Stats., § 947.013.

B. Disorderly conduct as defined in Wis. Stats., § 947.01.

C. Battery, substantial battery or aggravated battery as defined in Wis. Stats., § 940.19.

D. Indecent exposure as defined in Wis. Stats., § 944.20(1)(b).

E. Keeping a place of prostitution, as defined in Wis. Stats., § 944.34, or leasing a building for the purposes of prostitution.

F. Theft as defined in Wis. Stats., § 943.20.

G. Arson as defined in Wis. Stats., § 943.02.

H. Possession, manufacture or delivery of a controlled substance or related offenses as defined in Ch. 961 of the Wisconsin Statutes Annotated.

I. Gambling as defined in Wis. Stats., § 945.02.

J. Keeping a prohibited dangerous animal as defined in Wis. Stats., § 7.48.

K. Trespass to land as defined in Wis. Stats., § 943.13, or criminal trespass to dwelling as defined in Wis. Stats., § 943.14.

L. Any act of aiding or abetting any of the activities, behaviors or conduct enumerated in § 207-4A through 207-4L herein.

M. Any conspiracy to commit, as defined in Wis. Stats., § 939.31, or attempt to commit, as defined in Wis. Stats. § 939.32, any of the activities, behaviors or conduct enumerated in § 207-4A through 207-4L herein.

N. Discharge of a firearm in violation of the laws of the State of Wisconsin and the ordinances of the Town.

O. The production or creation of excessive noise in violation of the laws of the State of Wisconsin or the ordinances of the Town.

P. Loitering as defined by the Wisconsin Statutes or the ordinances of the Town.

Q. Public drinking upon the navigable waters of the State of Wisconsin or artificial lakes or ponds within the Town which results in loud, obnoxious, obscene, or destructive behavior to the detriment of the other boaters, swimmers, kayakers, or users of the navigable waters; surrounding homes, inhabitants, community; environment, fish life, vegetation, or ecosystem of the navigable waters; or violates the laws of the State of Wisconsin.

R. Public drinking on premises without the requisite local, state, or federal licensing or the sale, offering for sale, bartering or giving away of any intoxicating liquors or fermented malt beverages without a license as provided in Wis. Stats., § 125.04(1).

S. Selling or giving away tobacco products to person under the age of 18 as defined in Wis. Stats., § 134.66.

T. Misuse of emergency telephone numbers in violation of the laws of the State of Wisconsin or the ordinances of the Town.

U. Illegal sale, discharge and use of fireworks in violation of the laws of the State of Wisconsin or the ordinances of the Town.

V. Loitering or illegal drug activity in violation of the laws of the State of Wisconsin or the ordinances of the Town.

W. State fire code violations and local fire code violations as defined in the ordinances of the Town.

X. Housing code violations as defined in the ordinances of the Town.

Y. Health code violations as defined in the ordinances of the Town.

Z. Any place or premises within the Town where Town ordinances or the laws of the State of Wisconsin relating to public health, safety, peace, morals or welfare are openly and repeatedly violated.

AA. 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 unless authorized by the laws of the State of Wisconsin.

BB. Gambling devices: all gambling devices and slot machines unless specifically authorized by the laws of the State of Wisconsin.

CC. 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.

DD. 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 the ordinances of the Town.

§ 207-5 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 § 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 the provisions of the 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. Fireworks: all use or display of fireworks except as provided by the laws of the State of Wisconsin and Town ordinances.

F. 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.

G. 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.

H. 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.

I. 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. No person shall undertake any activity resulting in the placement of mud, dirt, clay, sediment or other similar substance upon any street, gutter, alley, sidewalk, or bike path within the Town which creates a condition hazardous to others using the street, gutter, alley, sidewalk, or bike path.

J. 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.

K. 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.

L. Any outdoor lighting wherein such lighting is of such brightness or intensity, or so located or positioned, as to unreasonably interfere with the use and enjoyment of adjacent, contiguous, or surrounding premises. The complaint of the owners or users of such adjacent, contiguous, or surrounding premises shall be deemed prima fascie evidence that such lighting unreasonably interferes with the use and enjoyment of their premises.

M. Storage of junk: no person shall store junked or discarded property, including, but not limited to, automobile parts, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks, or other unsightly debris 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 or other appropriate governing body.

§ 207-5.1 Chronic nuisance premises.

A. Findings. The Town of Oconomowoc finds that certain premises and navigable waters within the Town receive and require more than the general, acceptable level of police and inspection services, place an undue and inappropriate burden on the Town's services and therefore the taxpayers, and constitute public nuisances. Nuisance activity contributes to the general decay of an affected neighborhood or lake and negatively impacts law-abiding residents in these neighborhoods or lakes. This chapter is enacted to encourage premises owners or riparian owners to recognize their responsibility to ensure that activities occurring on their premises and navigable waters conform to the law and do not unduly burden the Town's resources and to provide a mechanism for the Town to take action against premises owners and riparian owners who fail to ensure that they do not require a disproportionate level of Town resources to be devoted to such premises or navigable waters.

B. Definitions. For the purposes of this section, "chronic nuisance activity" means any circumstance that meets any of the following criteria:

(1) When a premises owner or riparian owner who has generated three or more calls for police which resulted in citation or any other form of enforcement action on three separate days within a 180-day period. Action includes action taken against any person associated with said premises or riparian ownership while at or within 200 feet of said premises, or upon navigable waters, for any condition or activity.

(2) When a premises for which a Waukesha County court of law has determined that, pursuant to a search warrant request, probable cause exists that the manufacture, distribution or delivery of a controlled substance has occurred on or in association with said premises within 30 days prior to the date of the search warrant application; or

(3) Is a premises which has had an action associated with said premises resulting from the manufacture, delivery or distribution of a controlled substance as defined in the Wisconsin Statutes.

C. "Chronic nuisance activity notice" means the notice issued by the Chief of Police.

D. Procedure. The Police Chief has the authority to determine whether a chronic nuisance activity is deemed to have occurred; such determination must then be submitted to the Town Board for confirmation. Upon the Town Board's confirmation of such determination by the Police Chief, the Chief of Police shall provide written notice of the determination to the premises owner and/or riparian owner. The chronic nuisance activity notice shall be deemed delivered if sent either by first-class mail to the premises owner's and/or riparian owner's last known address or delivered in person. If the premises owner and/or riparian owner cannot be located, the notice shall be deemed to be properly delivered if a copy of said notice is left at the premises owner's or riparian owner's usual place of abode in the presence of some competent member of the family at least 14 years of age or a competent adult currently residing within the premises and who shall be informed of the contents of said notice.

E. Penalties. Any premises owner or riparian owner who receives a chronic nuisance activity notice is subject to a penalty of $1,000 per occurrence until the nuisance is abated. Any premise or riparian owner may be subject to multiple chronic nuisance activity notices, all which come with a $1,000 penalty if assessed by the Town Board.

F. Continued violations. Each chronic nuisance activity notice received by a premises owner or a riparian owner and each day a violation continues or occurs shall constitute a separate offense. Nothing in this Code shall preclude the Town from maintaining any appropriate action to prevent or abate a violation of any provision of this Code.

§ 207-6 Abatement of public nuisances.

A. Enforcement. The Chief of Police, the Chief of the Fire Department, Building Inspector, Health Officer, or any of their respective designees (each an "inspecting officer") shall enforce those provisions of this Chapter 207 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 an inspecting officer has inspected, or caused to be inspected, the premises or location where the nuisance is alleged to exist and has satisfied himself that a nuisance does in fact exist.

B. Summary abatement. If an 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 an 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, said inspection officer 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 inspection 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, or other enforcement actions or penalties to be assessed as allowed herein, of public nuisances by the Town or its officials in accordance with the laws of the State of Wisconsin.

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

§ 207-7 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 a special charge.

§ 207-8 Violations and penalties.

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 Chapter 1, General Provisions, Article I, of this Code. Each and every day for which a violation continues shall be deemed a separate violation, except that any chronic nuisance activity shall be subject to the provisions contained in Section § 207-5.1 of the Code.