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City of Muskego, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Muskego 12-23-1964 by Ord. No. 1 as Ch. 10 of the 1964 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Adult-oriented establishments — See Ch. 124.
Alcohol beverages — See Ch. 132.
Animals — See Ch. 140.
Construction standards — See Ch. 164.
Fire Prevention Code — See Ch. 191, Art. I.
Housing standards — See Ch. 205.
Junk dealers — See Ch. 219.
Peace and good order — See Ch. 263.
Property maintenance — See Ch. 274.
Waste management — See Ch. 350.
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City.
A public nuisance is a thing, act, occupation, condition or use of property which shall continue 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.[1]
[1]
Editor's Note: Original § 10.02(2), Clean indoor air, which immediately followed this subsection and was added 2-4-1988 by Ord. No. 593, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 10-7-2010 by Ord. No. 1331]
The statutory provisions describing and defining regulations with respect to indoor smoking contained in § 101.123, Wis. Stats., known as the "Clean Indoor Air Act," exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of such statutes, are hereby adopted and by reference made a part of this section as if fully set forth herein. Any act required to be performed or prohibited by § 101.123, Wis. Stats., and incorporated herein by reference is required or prohibited by this section. Penalties for violation of this section shall be as provided in § 1-4 of this Code.
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 § 248-2:
A. 
Adulterated food. All decayed, harmfully 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 vermin, etc. 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.
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.
G. 
Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the City limits 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 City.
H. 
Water pollution. 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.
I. 
Noxious odors, etc. Any use of property, substances or things within the City 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 City.
J. 
Street pollution. 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 City.
K. 
Storage of junk, etc. Except as provided in § 219-6A for junk and salvage, the open storage of junk, refuse, litter, garbage, scrap or waste matter.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 § 248-2:
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 unless said device is authorized by state law.
[Amended 3-9-1989 by Ord. No. 633]
B. 
Gambling devices. All gambling devices and slot machines unless specifically authorized by state law.
[Amended 3-9-1989 by Ord. No. 633]
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 City.
D. 
Continuous violation of City ordinances. Any place or premises within the City where City 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 the laws of the State of Wisconsin or ordinances of the City.
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 definition of § 248-2:
A. 
Signs, billboards, etc. All signs and 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.
[Amended 12-3-2009 by Ord. No. 1306[1]]
[1]
Editor's Note: Original § 10.05(1)(a), Political sign, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). For regulations with respect to political signs see Ch. 400, Zoning, §§ 400-176 and 400-177.
B. 
Illegal buildings. All buildings erected, repaired or altered in violation of the provisions of the ordinances of the City relating to materials and manner of construction of buildings and structures within the City.
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 an official traffic control device, railroad sign or signal or which because of its color, location, brilliance or manner of operation interferes 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. 
Tree limbs. All limbs of trees which project over and less than 14 feet above any public street and over and less than 10 feet above a sidewalk or recreation trail surface.
[Amended 6-21-2001 by Ord. No. 1070]
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 the laws of the State of Wisconsin and ordinances of the City.
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. 
Wires over streets. All wires 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 shall greatly annoy or disturb a neighborhood or any considerable number of persons within the City.
K. 
Obstructions of streets and excavations.
[Amended 12-28-1995 by Ord. No. 880]
(1) 
All obstructions of streets, alleys, sidewalks or crosswalks or bike paths, and all excavations in or under the same, except as permitted by the ordinances of the City 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, or do not conform to the permit.
(2) 
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 City which creates a condition hazardous to others using the street, gutter, alley, sidewalk, or bike path.
L. 
Unlawful assembly. Any unauthorized or unlawful use of property abutting on 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. 
Flammable liquids. Repeated or continuous violations of the ordinances of the City or laws of the State of Wisconsin relating to the storage of flammable liquids.
N. 
Snowplowing.
[Added 1-11-1983 by Ord. No. 452]
(1) 
No person shall plow snow on his driveway or sidewalk or road in such a way as to interfere with his neighbor's customary use and enjoyment of his property.
(2) 
No person shall put snow by any means onto any public street, roadway or thoroughfare. This subsection shall not apply to municipal snowplows.
O. 
Storage of junk. No person shall store junked or discarded property, including 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 Common Council.
[Added 4-10-1984 by Ord. No. 489]
P. 
Storage of motor vehicles.
[Added 4-10-1984 by Ord. No. 489; amended 10-22-2009 by Ord. No. 1305]
(1) 
Except as provided in § 219-6A, no person shall store, park or leave unattended any disassembled, inoperable, unlicensed, junked, wrecked or abandoned motor vehicle, except in an enclosure which houses such property from public view. For purposes of this subsection, a vehicle shall be considered operable if that vehicle:
(a) 
Is titled and has a current registration from a state, district or territory of the United States and has a legal license plate(s) mounted on the vehicle.
(b) 
Meets all requirements of Ch. 347, Wis. Stats., and appropriate subchapters of Ch. Trans 305, Wis. Adm. Code.
(2) 
A motor vehicle in this subsection shall include, but not be limited to, an automobile, truck, motorcycle, motor home, bus, and trailer that can be licensed.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
This subsection does not apply to motor vehicles stored in connection with an automobile sales or repair business located in a properly zoned area.
A. 
Enforcement. The Chief of Police, the Chief of the Fire Department, the 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 shall have 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 shall determine that a public nuisance exists within the City and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Mayor 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.
[Amended 12-28-1995 by Ord. No. 880]
(1) 
If the inspecting officer determines that a public nuisance exists on public or 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 may serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within said 10 days, the proper officer shall issue a citation to the person causing, permitting or maintaining the nuisance. If the person causing, permitting, or maintaining the nuisance is found guilty on the citation, the court shall order the City to abate the nuisance, and the City shall charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be. If a person has previously received a notice to abate a nuisance within the immediately preceding twelve-month period and a subsequent inspection indicates the presence of an identical or similar nuisance, the proper officer may issue a citation for a violation of this chapter without 10 days' notice to the person causing, permitting, or maintaining the nuisance.
(2) 
Exception. Mud, dirt, clay, sediment or other similar substance placed upon any street, gutter, alley, sidewalk, or bike path within the City may result in the immediate issuance of a citation to the person responsible for the placement of said materials. In the event the person who placed the materials cannot be determined and it is possible to trace the materials back to a particular job site, the general contractor and/or property owner may be cited for the violation and held responsible for the required cleanup.
D. 
Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the City 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 City 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 permit or cause a public nuisance shall be subject to a penalty as provided in § 1-4 of this Code.