[HISTORY: Adopted by the Town Board of the Town of Lawrence 3-11-1998. Amendments
noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Town of Lawrence.
A.
Public nuisance. A public nuisance is a thing, act, occupation, condition
or use of property which shall continue for such length of time as
to:
(1)
Substantially annoy, injure, or endanger the comfort, health, repose
or safety of the public.
(2)
In any way render the public insecure in life or in the use of property.
(3)
Greatly offend the public morals or decency.
(4)
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.
B.
Public nuisances affecting health. 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 Subsection A of this section:
(1)
All decayed, harmfully adulterated or unwholesome food or drink sold
or offered for sale to the public.
(2)
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.
(3)
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.
(4)
All stagnant water in which mosquitoes, flies or other insects can
multiply.
(5)
Privy vaults and garbage cans which are not flytight.
(6)
All noxious weeds and other rank growth of vegetation.
(7)
All animals running at large.
(8)
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 to threaten or
cause substantial injury to property in the Town.
(9)
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.
(10)
Any use of property, substances or things within the Town of
Lawrence emitting or 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 Town.
(12)
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 Town.
C.
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 Subsection A of this section:
(1)
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.
(2)
All gambling devices and slot machines.
(3)
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 of Lawrence.
(4)
Any place or premises within the Town of Lawrence where Town ordinances
or state laws relating to public health, safety, peace, morals or
welfare are openly, continuously, repeatedly and intentionally violated.
(5)
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 Town.
D.
Public nuisances affecting peace and safety. 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 provisions of Subsection A of this section:
(1)
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.
(2)
All trees, hedges, 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.
(3)
All limbs of trees which project above the surface of a public sidewalk
or street or above any other public place shall be kept trimmed to
a reasonable height to allow for safe use and passage.
(4)
All use or display of fireworks except as provided by the laws of
the State of Wisconsin and ordinances of the Town.
(5)
All buildings or structures so old, dilapidated or out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
use.
(6)
All wires over streets, alleys or public grounds which are strung
less than 15 feet above the surface thereof.
(7)
All loud, discordant and unnecessary noises or vibrations of any
kind.
(8)
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 Town.
(9)
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 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.
(10)
All open and unguarded pits, wells, excavations or unused basements
freely accessible from any public street, alley or sidewalk.
(11)
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.
(12)
Any unauthorized or unlawful 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.
A.
No person shall remove or cause to be removed any snow or ice from
a premises owned or occupied by that person or from any residence,
parking lot, parking area, filling station, business property or other
property owned or occupied by said person by placing said snow or
ice unto any public right-of-way or property. Snow or ice removed
from public walks shall not be stored in any manner which will obstruct
or limit vehicular or pedestrian vision, movement or access.
B.
The deposit of any snow or ice upon any sidewalk, alley or road or
street of the Town of Lawrence contrary to the provisions of this
section is hereby made to be a nuisance, and in addition to the penalty
provided for the violation of this section, the Town of Lawrence may
summarily remove any snow or ice so deposited and cause the cost of
said removal to be charged to the owner of the property from which
said snow or ice has been removed, and upon failure to pay the same
said may be charged as a special charge upon the tax bill to the owner
of the property from which the snow or ice removal was necessitated.
No person shall leave or permit to remain outside of any dwelling,
building or other structure, or within any unoccupied or abandoned
building, dwelling or other structure under his control in a place
accessible to children, any abandoned, unattended or discarded icebox,
refrigerator or other container which has an airtight door or cover
which has not been removed or which is not equipped with a device
for opening from the inside.[1]
[1]
Editor's Note: Original § 6, Storage of junked vehicles prohibited, and § 7, Abandoned vehicles, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 275, Vehicles and Traffic, § 275-7, Abandoned and junked vehicles.
No person shall have or permit on any premises owned or occupied
by him any open cisterns, cesspools, wells, unused basements, excavations
or other dangerous openings. All such places shall be filled, securely
covered or fenced in such manner as to prevent injury to any person,
and any cover shall be of a design, size and weight that the same
cannot be removed by small children.
No person shall transport or haul to any dumping site in the
Town any materials without covering the same as provided under the
state law regulating solid waste disposal sites.
A.
Inspection of premises. Whenever complaint is made to the Town Board
that a public nuisance exists within the Town of Lawrence, it shall
promptly notify the Chief of Police or Building Inspector, who shall
forthwith inspect or cause to be inspected the premises complained
of and shall make a written report of his/her findings to the Town
Board. Whenever practicable, the inspecting officer shall cause photographs
to be made of the premises and shall file the same in the office of
the Town Clerk/Treasurer.[1]
B.
Summary abatement.[2]
(1)
Notice to owner. If the inspecting officer shall determine 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 Town Board may direct the Chief of Police to serve notice on the
person causing, permitting or maintaining such nuisance or upon the
owner or occupant of the premises where such nuisance is caused, permitted
or maintained and to post a copy of said notice on the premises. Such
notice shall direct the person causing, permitting or maintaining
such nuisance or the owner or occupant of the premises to abate or
remove such nuisance within 24 hours and shall state that unless such
nuisance is so abated, the Town will cause the same to be abated and
will charge the cost thereof to the owner, occupant or person causing,
permitting or maintaining the nuisance, as the case may be.
(2)
Abatement by Town. If the nuisance is not abated within the time
provided or if the owner, occupant or person causing the nuisance
cannot be found, the Building Inspector, in case of health nuisances,
and the Chief of Police, in other cases, shall cause the abatement
or removal of such public nuisances.
C.
Abatement by court action. 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, he/she shall
file a written report of his/her findings with the Town Board, which
may cause an action to abate such nuisance to be commenced in the
name of the Town in the Circuit Court of Brown County, in accordance
with the provisions of Ch. 823, Wis. Stats.
D.
Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the Town of Lawrence
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 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.
Whoever does any of the following shall be subject to the penalties
of the Municipal Code of the Town of Lawrence:
A.
Without reasonable excuse fails or refuses to render assistance when
lawfully called upon to do so by a person known to him/her to be an
officer of an organization established for the purpose of extinguishing
fires or preventing fire hazards or refuses to obey a lawful order
of anyone who he/she knows to be connected with such organization;
or
B.
Interferes with the accessibility to a fire hydrant by piling or
dumping materials near it without first obtaining permission from
the appropriate municipal authority. The material piled or dumped
near the hydrant includes snow and ice removed from private property.
Every day during which such interference continues constitutes a separate
offense.
Any person who shall violate any provision of this chapter shall, upon due conviction thereof, be subject to a penalty as provided in § 1-3 of this Code for each such offense. Each violation of this chapter and each day of violation of this chapter shall constitute a separate offense.
A.
Vacant lots become a public nuisance when said lots are not maintained.
Such is especially true when vacant lots are not smoothly graded as
to provide for regular routine maintenance.
B.
Within 90 days of purchase of vacant property within the Town of
Lawrence, the new owner shall cause the vacant lot to be appropriately
filled and graded so as to provide for routine maintenance. All debris
is to be removed by the owner within said time period. Presently existing
owners of vacant lots shall be granted 21 days to come into compliance
with this section upon issuance of an appropriate citation by the
Town Building Inspector.
C.
Should any new or existing owner fail to come into compliance with
this section, the Town Board of Supervisors shall authorize Town employees
to cause the appropriate filling and grading of the vacant lot in
question to occur. Any and all costs associated with the same shall
be assessed against the property in question and shall be placed upon
the tax rolls maintained by the Town of Lawrence.
A.
Other ordinance. Adoption of this chapter does not preclude the Town
Board from adopting any other ordinance or providing for the enforcement
of any other law or ordinance relating to the same or other matter.
B.
Other remedies. The issuance of a citation hereunder shall not preclude
the Town Board or any authorized officer from proceeding under any
other ordinance or law or by any other enforcement method to enforce
any ordinance, regulation or order.
