[HISTORY: Adopted by the Town Board of the Town of Vinland
as Title 11, Ch. 6, of the 2004 Code. Amendments noted where applicable.]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Town of Vinland, Winnebago
County, Wisconsin.
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.
E.
Any condition or use of premises or of building exteriors which is
detrimental to the property of others or which causes or tends to
cause substantial diminution in the value of other property in the
neighborhood in which such premises are located.
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 in § 284-2:
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 foods, 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 (other than composting sites), trash, rubbish,
rotting lumber, bedding, packing material, scrap metal, tires or any
material whatsoever in which flies, mosquitoes, disease-carrying insects,
rats or other vermin may breed.
E.
Garbage cans. Garbage cans which are not flytight.
F.
Noxious weeds. All noxious weeds and other rank growth of vegetation.
G.
Water pollution. The pollution of any public or private well or cistern,
stream, lake, canal or other body of water or groundwater by sewage,
creamery or other wastes or substances.
H.
Noxious odors, etc. Any use of property, substances or things within
the Town emitting or causing any foul, offensive, noisome, nauseous,
noxious or disagreeable odors, gases, effluvia or stenches extremely
repulsive to the physical sense of ordinary persons which annoy, discomfort,
injure or inconvenience the health of any appreciable number of persons
within the Town, other than odors produced through the operation of
farming practices.
I.
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 Town.
J.
Animals at large. All animals running at large.
K.
Accumulations of refuse. Accumulations of old cans, lumber, elm firewood
and other refuse.
L.
Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash or industrial dust within the Town 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.[2]
M.
Foul odors. Any use of property, substances or things within the
Town emitting or causing any foul, offensive, nauseous, unwholesome
or disagreeable odors, gases, stenches, liquids or substances offensive
to the physical senses of an ordinary person possessed of ordinary
tastes and susceptibilities or which otherwise annoy, discomfort,
injure or inconvenience the health of persons within the Town. This
subsection shall not apply to odors produced through the operation
of farming practices.[3]
N.
Abandoned wells. All abandoned wells not securely covered or secured
from public use.
O.
Junked vehicles. Disassembled, dismantled, partially dismantled,
inoperable, junked, wrecked or unlicensed motor vehicles, truck bodies,
tractors, trailers, boats or campers in such state of physical or
mechanical ruin as to be incapable of propulsion or of being operated
upon the public streets, highways or waters.
P.
Abandoned equipment. Abandoned, discarded or unused objects or equipment
such as furniture, stoves, refrigerators, freezers, cans, containers,
lumber, trash or debris.
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 § 284-2:
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 intercourse or gambling.
B.
Gambling devices. All gambling devices and slot machines, other than
state-authorized programs.
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 in 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 the laws of the State of Wisconsin or ordinances of the Town.
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 § 284-2:
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.
B.
Illegal buildings. All buildings erected, repaired or altered in
violation of the provisions of the ordinances of the Town 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 an official
traffic control device, railroad sign or signal or which, because
of 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 a public sidewalk
or ditch area of the right-of-way less than 10 feet above the surface
thereof and all limbs which project over a public street less than
14 feet above the surface thereof.
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 Town.
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 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 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 which do not conform to the permit.
L.
Open excavations. All open and unguarded pits, wells, excavations
or unused basements accessible from any public street, alley or sidewalk.
N.
Flammable liquids. Repeated or continuous violations of the ordinances
of the Town or laws of the state relating to the storage of flammable
liquids.
O.
Unremoved snow. All snow and ice not removed or sprinkled with ashes,
sawdust, sand or other chemical removers, as provided in this Code.
P.
Appliances and junk. Any junk, wood, bricks, cement, concrete blocks,
abandoned vehicles or machinery or parts thereof, refrigerators, furnaces,
washing machines, stoves, and other appliances or any other unsightly
accumulation of items or materials such as may tend to depreciate
property values in the area or create a blighted condition or create
a hazard (except when such items are properly housed and out of public
view).
Q.
Unauthorized street use. 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.
Inspection of premises. Whenever a complaint is made to a member
of the Town Board that a public nuisance exists within the Town, the
Town Board shall inspect or cause to be inspected the premises complained
of.
B.
Notice to owner. If the Town Board determines that a public nuisance
exists within the Town, it shall provide notice to the person causing,
permitting or maintaining such nuisance or the owner or occupant of
the premises where such nuisances exists. The notice shall direct
the person causing, permitting or maintaining the nuisance or the
owner or occupant of the premises to abate or remove such nuisance
within three days. The notice shall also state that, unless such nuisance
is so abated, the Town shall 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.
C.
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 Town shall cause the abatement or removal of
such public nuisance.
D.
Abatement by court action. If the Town shall determine that a public
nuisance exists on private premises but that the nature of such nuisance
is not such as to threaten immediate danger to the public health,
safety, peace, morals or decency, the Town may cause an action to
abate such nuisance to be commenced in the name of the Town in the
Circuit Court of Winnebago County.
E.
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 of Wisconsin.
In addition to any other penalty imposed by this chapter for
the erection, contrivance, creation, continuance of 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 nuisances, such cost shall be assessed
against the real estate as a special charge.
