[HISTORY: Adopted by the Town Board of the Town of Addison
at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 § 262-2:
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 with the exception of offensive odors due to agricultural
activities or waste water treatment facility activities.
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 § 262-2:
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 except as
authorized by state law.
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 § 262-2:
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.
A.
Enforcement. Any law enforcement agency designated by the Town Board, the Washington County Sheriff's Department,
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
Chairperson 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.
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 § 1-1 of this Code.
