Village of Monticello, WI
Green County
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Table of Contents
Table of Contents
The Village Board, acting as Board of Health, may make reasonable and general rules for the enforcement of the provisions of this chapter and for the prevention of the creation of health nuisances and the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Board shall be subject to the general penalty provided for in this Code.
(a) 
Defined. A health nuisance is any source of filth or cause of sickness.
(b) 
Duty to abate. The Village Board shall abate health nuisances pursuant to § 254.59, Wis. Stats., which is adopted by reference and made a part of this chapter.
(a) 
Sanitary requirements. All structures, pens, buildings, stables, coops or yard wherein animals or fowl are kept shall be maintained in a clean and sanitary condition, free of rodents, vermin and objectionable odors, and shall only be kept in properly zoned areas.
(b) 
Animals excluded from food handling establishments. No person shall take or permit to remain any dog, cat or other live animal on or upon any premise where food is sold, offered for sale or processed for consumption by the general public.
No person shall deposit or cause to be deposited in any public street or on any public ground or on any private property not his own, any refuse, garbage, litter, waste material or liquid or any other objectionable material or liquid. When any such material is placed on the person's own private property, it shall be properly enclosed and covered so as to prevent the same from becoming a public nuisance.
(a) 
The Village Clerk-Treasurer shall annually on or before May 15th publish as required by state law a notice that every person is required by law to destroy all noxious weeds on lands in the Village which he owns, occupies or controls. A joint notice with other towns or municipalities may be utilized.
(b) 
If the owner or occupant shall neglect to destroy any weeds as required by such notice, then the Weed Commissioner of the Village shall give five days' written notice by mail to the owner or occupant of any lands upon which the weeds shall be growing to the effect that the said Weed Commissioner after the expiration of the five-day period will proceed to destroy or cause to be destroyed all such weeds growing upon said lands and that the cost thereof will be assessed as a tax upon the lands upon which such weeds are located under the provisions of § 66.0407 of the Wisconsin Statutes. In case the owner or occupant shall further neglect to comply within such five-day notice, then the Weed Commissioner shall destroy such weeds or cause them to be destroyed in the manner deemed to be the most economical method and the expense thereof, including the cost of billing and other necessary administrative expenses, shall be charged against such lots and be collected as a special tax thereon.
(c) 
As provided for in § 66.0407, Wis. Stats., the Village shall require that all noxious weeds shall be destroyed prior to the time in which such plants would mature to the bloom or flower state. The growth of noxious weeds in excess of eight inches in height from the ground surface shall be prohibited within the Village corporate limits. Noxious weeds shall include any weed, grass or similar plant growth which, if allowed to pollinate, would cause or produce hayfever in human beings or would cause a skin rash through contact with the skin. Noxious weeds, as defined in this section and in § 8-1-7, shall include but not be limited to the following:
Canada Thistle (Cirsium Arvense)
Common Ragweed (Ambrosia artemisiifolia)
Great Ragweed (Ambrosia trifida)
Leafy Spurge (Euphorbia esula)
Creeping Jenny, Field Bind Weed (Convolvulus arvensis)
Goat's Beard (Tragopogon dubius)
Poison Ivy (Rhus radicans)
Bull Thistle (cirsium vulgaries)
Wild Parsnip (Pastinaca sativa)
Burdock (Arctium minus)
Cocklebur (Xanthium strumarium)
Pigweed (Amaranthus retroflexus)
Common Lambsquarter (Chenopodium album)
Curled Dock (Rumex Crispus)
Hemp (Cannabis sativa)
English Plantain (Plantago lancellata)
Noxious grasses, as defined in this section and in § 8-1-7, shall include but not be limited to the following:
Redtop (Agrostia alba)
Orchard (Dactylis flomerata)
Timothy (Phleum pratensis)
Kentucky Blue (Poa pratensis)
Johnson (Sorghum halepense)
Foxtail (Setaria)
Noxious weeds are also the following plants and other rank growth:
Ragweed
Thistles
Smartweed
Dandelions (over eight inches in height)
Milkweed (over eight inches in height)
(a) 
Natural lawns defined. Natural lawn as used in this section shall include common species of grass and wild flowers native to North America which are designed and purposely cultivated to exceed eight inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 8-1-5 of this chapter. The growth of a natural lawn in excess of eight inches in height from the ground surface shall be prohibited within the Village corporate limits unless a Natural Lawn Management Plan is approved and a permit is issued by the Village as set forth in this section. Natural lawns shall not contain litter or debris and shall not harbor undesirable wildlife.
(b) 
Natural lawn management plan defined.
(1) 
Natural Lawn Management Plan as used in this section shall mean a written plan relating to the management and maintenance of a lawn which contains a legal description of lawn upon which the planted grass will exceed eight inches in length, a statement of intent and purpose for the lawn, a detailed description of the vegetational types, plants and plant succession involved, and the specific management and maintenance techniques to be employed.
(2) 
Property owners who wish to plant and cultivate a natural lawn must submit their written plan and related information on the form provided by the Village. "Property Owner" shall be defined to include the legal title holder and/or the beneficial owner of any such lot according to most current Village records. Natural Lawn Management Plans shall only indicate the planting and cultivating of natural lawns on property legally owned by the property owner. Applicants are strictly prohibited from developing a natural lawn on any Village-owned property including street rights-of-way. This shall include at a minimum property located between the sidewalk and the street or a strip not less than 10 feet adjacent to the street where there is no sidewalk whether the area is under public or private ownership. In addition, natural lawns shall not be permitted within 10 feet of the abutting property owner's property unless waived in writing by the abutting property owner on the side so affected. Such waiver is to be affixed to the Natural Lawn Management Plan.
(3) 
Any subsequent property owner who abuts an approved natural lawn may revoke the waiver thereby requiring the owner of the natural lawn to remove the natural lawn that is located in the ten-foot section abutting the neighboring property owner. Such revocation shall be put in writing and presented to the Village Clerk-Treasurer by the subsequent abutting property owner. Upon receiving the written request to revoke the original waiver, the Village Board shall contact the owner of the approved natural lawn and direct the owner to remove the natural lawn located in the ten-foot section abutting the neighboring property owner. The Village Board shall revise the approved Natural Lawn Management Permit accordingly. The owner of the approved natural lawn shall be required to remove the ten-foot section abutting the neighboring property owner within 20 days of receipt of the written notification from the Village provided the notification is received sometime between May 1st and November 1st. Property owners who receive notification from the Village between November 1st and April 30th shall be required to remove the ten-foot section abutting the neighboring property owner no later than May 20th following receipt of the notification.
(c) 
Application process:
(1) 
Property owners interested in applying for permission to establish a natural lawn shall obtain and complete an application form available from the Village Clerk-Treasurer. The completed application shall include a Natural Lawn Management Plan. Upon submitting a completed application, a $25 non-refundable filing fee will be assessed by the Village. Upon receiving payment, copies of the completed application shall be mailed by the Village to each of the owners of record, as listed in the Office of the Village Assessor, who are owners of the property situated wholly or in part within 300 feet of the boundaries of the properties for which the application is made. If within 15 calendar days of mailing the copies of the complete application to the neighboring property owners the Village receives written objections from 51% or more of the neighboring property owners, the Village Clerk-Treasurer shall immediately deny the application. Neighboring property owners shall be defined as all those property owners who are located within 300 feet of the proposed natural lawn site.
(2) 
If the property owner's application is in full compliance with the Natural Lawn Management Plan requirements and less than 51% of the neighboring property owners provide written objections, the Village Clerk-Treasurer shall issue permission to install a natural lawn.
(d) 
Application for appeal. The property owner may appeal the Clerk-Treasurer's decision to deny the natural lawn permit request to the Village Board at an open meeting. All applications for appeal shall be submitted within 15 calendar days of the notice of denial of the Natural Lawn Management Plan. The decision rendered by the Village Board shall be final and binding.
(e) 
Safety precautions for natural grass areas.
(1) 
When, in the opinion of the Fire Chief, the presence of a natural lawn may constitute a fire or safety hazard due to weather and/or other conditions, the Fire Chief may order the cutting of natural lawns to a safe condition. As a condition of receiving approval of the natural lawn permit, the property owner shall be required to cut the natural lawn within the three days upon receiving written direction from the Fire Chief.
(2) 
Natural lawns shall not be removed through the process of burning unless stated and approved as one of the management and maintenance techniques in the Lawn Management Plan. The Fire Chief shall review all requests to burn natural lawns and shall determine if circumstances are correct and all applicable requirements have been fulfilled to insure public safety. Burning of natural lawns shall be strictly prohibited unless a written permit to burn is issued by the Fire Chief. The Fire Chief shall establish a written list of requirements for considering each request to burn natural lawns, thereby insuring the public safety.
In addition, the property owner requesting permission to burn the natural lawn shall produce evidence of property damage and liability insurance identifying the Village as a party insured. A minimum amount of acceptable insurance shall be $500,000.
(f) 
Revocation of an approved natural lawn management plan permit. The Village President, upon the recommendation of the Weed Commissioner, shall have the authority to revoke an approved Natural Lawn Management Plan Permit if the owner fails to maintain the natural lawn or comply with the provisions set forth in this section. Notice of intent to revoke an approved Natural Lawn Management Plan Permit shall be appealable to the Village Board. All applications for appeal shall be submitted within 15 calendar days of receipt of the written Notice of Intent to revoke the approved Natural Lawn Management Plan. Failure to file an application for appeal within the 15 calendar days shall result in the revoking of the Natural Lawn Management Plan Permit. All written applications for appeal filed within the 15 calendar day requirement shall be reviewed by the Village Board in an open meeting. The decision rendered by the Village Board shall be final and binding.
(g) 
Public nuisance defined - abatement after notice.
(1) 
The growth of a natural lawn as defined in this section shall be considered a public nuisance unless a Natural Lawn Management Plan has been filed and approved and a permit issued by the Village as set forth in this section. Violators shall be served with a notice of public nuisance by certified mail to the last-known mailing address of the property owner.
(2) 
If the person so served with a notice of public nuisance violation does not abate the nuisance within 10 days, the Enforcement Officer may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged to and paid by such property owner. Notice of the bill for abatement of the public nuisance shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk-Treasurer shall enter those charges onto the tax roll as a special charge as provided by State statute.
(3) 
The failure of the Village Clerk-Treasurer to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place the Village expense on the tax rolls for unpaid bills for abating the public nuisance as provided for in this section.
(h) 
Penalty.
(1) 
Any person, firm or corporation which does not abate the nuisance within the required time period or who otherwise violates the provisions of this section shall be subject to the general penalty found in § 1-1-7.
(2) 
In addition to any penalties herein provided, the Village may issue stop work orders upon owners of lots where work is unfinished under a previously issued building permit for any violation of this section.
[Amended by Ord. No. 2014-0604A]
(a) 
Purpose. This section is adopted due to the unique nature of the problems associated with lawns, grasses and noxious weeds being allowed to grow to excessive length in the Village of Monticello.
(b) 
Public nuisance declared. The Village Board finds that lawns, grasses and noxious weeds on lots or parcels of land which exceed eight inches in length adversely affect the public health and safety of the public in that they tend to emit pollen and other discomforting bits of plants, constitute a fire hazard and a safety hazard in that debris can be hidden in the grass, interferes with the public convenience and adversely affects property values of other land within the Village.
For that reason, any lawn, grass or weed on a lot or other parcel of land which exceeds eight inches in length is hereby declared to be a public nuisance, except for property located in a designated floodplain area and/or wetland area or where the lawn, grass or weed is part of a natural lawn approved pursuant to § 8-1-6 above.
(c) 
Nuisances prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsection (b) above to remain on any premises owned or controlled by him within the Village.
(d) 
Inspection. The Weed Commissioner or his designee shall inspect or cause to be inspected all premises and places within the Village to determine whether any public nuisance as defined in Subsection (b) above exists.
(e) 
Abatement of nuisance.
(1) 
If the Weed Commissioner shall determine with reasonable certainty than any public nuisance as defined in Subsection (b) above exists, he shall immediately cause written notice to be served that the Village proposes to have the lot grass or lawn cut so as to conform with this section and § 8-1-5.
(2) 
The notice shall be served at least five days prior to action by the Village and shall be mailed or served on the owner of the lot or parcel of land or, if owner is not known and there is a tenant occupying the property, then to the tenant.
(3) 
If a property owner has received at least one written notice pursuant to this section during an April 1 through October 30 period, and has permitted a lawn, grass or weed on a parcel or lot to exceed eight inches in height, then the Weed Commissioner may cause the lawn, grass or weed to be cut without further notice.
(f) 
Village's option to abate nuisance. In any case where the owner, occupant or person in charge of the property shall fail to cut his lawn, grass or weeds as set forth above, then, and in that event, the Village may elect to cut said lawn, grass or weeds as follows:
(1) 
The written notice required in Subsection (e) shall inform said person that in the event of his failure to abate the nuisance within the prescribed time, the Village shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.
(2) 
The Village shall cut or cause to be cut all grass and weeds from the subject's property and shall charge the expenses of so doing at a rate as established by resolution by the Village Board. The charges shall be set forth in a statement to the Village Clerk-Treasurer who, in turn, shall mail the same to the owner, occupant or person in charge of the subject premises. If said statement is not paid in full within 30 days thereafter, the Village Clerk-Treasurer shall enter the charges in the tax roll as a special charge against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate, or as provided under § 66.0907, Wisconsin Statutes.
(g) 
Remedy from notice. Any person affected by a notice issued pursuant to Subsection (e) of this section may, within one day of service of the notice, apply to the circuit court for an order restraining the Village from abating or removing the nuisance, or be forever barred. The court shall determine the reasonableness of the order for abatement of the nuisance.
(h) 
Violation — penalty. Issue a citation or complaint in municipal court for failure to abate the public nuisance. In addition to the penalties provided in this chapter, 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 § 1-1-7 of this Code.
[Added 8-18-2010 by Ord. No. 2010-0818]
(a) 
Intent.
(1) 
Intent. The Village Board of the Village of Monticello declares that the intent of this section is:
a. 
It is in the interests of the health safety and welfare of the community to adopt by reference Sec 101.123, Wis. Stats., known as the Clean Indoor Air Act, and subsequent amendments, additions and codification.
b. 
It is the intent of the Village Board that where there may be a conflict between § 101.123, Wis. Stats., and § 8-1-8 that the section most restrictive of smoking and tobacco use shall apply.
c. 
To educate citizens affected by this section and to assist owners, operators and managers of affected facilities in maintaining compliance.
(b) 
Definitions. For the purposes of this section, the following terms have the meaning indicated:
ADULT DAY CARE FACILITY
Any facility as defined in § 49.45(47) (a), Wis. Stats.
ASSISTED LIVING FACILITY
A community based residential facility, as defined in § 50.01 (1g), Wis. Stats., a residential care apartment complex, as defined in § 50.01 (1d), Wis. Stats., or an adult family home, as defined in § 50.01 (1)(b), Wis. Stats.
CHILD CARE FACILITY
Any facility as defined in § 49.136(1) (ad), Wis. Stats.
EDUCATIONAL FACILITIES
Any building used principally for educational purposes in which a school is located or a course of instruction or training program is offered that is approved or licensed by a governmental entity or national educational accreditation organization.
EMPLOYER
A person, business, partnership, association, corporation, trust, nonprofit entity or other public or private entity that employs one or more persons.
ENCLOSED AREA
All space between a floor and a ceiling that is bounded by walls, doors, or windows, whether open or closed, covering more than 50% of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. A 0.011 gauge screen with an 18 by 16 to mesh count is not a wall.
HEALTH CARE FACILITY
An office, institution and in general, any location at which medicine is practiced regularly. Medical facilities range from small clinics and doctor's offices to urgent care centers and hospitals with emergency rooms and trauma centers.
OFFICE
Any area that serves as a place of work at which the principal activities consist of professional, clerical or administrative services.
PLACE OF EMPLOYMENT
An area as defined in § 101.01(11), Wis. Stats. including but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, stairs, elevators, medical facilities, and auditoriums. "Place of Employment" does not include a private residence unless it is used as a child care facility, adult care facility, health care facility or home-based business of any kind open to the public. "Place of Employment" does not include any of the areas described in Subsection (d) of this section.
PUBLIC PLACE
Any place that is open to the public, regardless of whether a fee is charged or a place to which the public has lawful access or may be invited, including but not limited to, the public places listed in Subsection (c) of this section. A private residence is not a "public place" unless it is used as a child care, adult care, health care facility or home-based business of any kind open to the public. "Public place" does not include the areas described in Subsection (d) of this section.
RESTAURANT
An establishment as defined in § 254.61(5), Wis. Stats.
RETAIL ESTABLISHMENT
Any store or shop in which retail sales is the principal business conducted.
RETAIL TOBACCO STORE
A retail establishment that does not have a "Class B" intoxicating liquor license or a Class "B" fermented malt beverages license and that generates 75% or more of its gross annual income from the retail sale of tobacco products and accessories.
SCREEN
A window or door insertion of framed wire or plastic mesh used to keep out insects and permit air flow.
SHOPPING MALL
An enclosed public walkway or hall area that connects retail, service or professional establishments.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette or other lighted tobacco product in any manner or in any form.
SMOKING PARAPHERNALIA
Ashtrays or similar containers intended for the deposit of tobacco ash, cigarettes, cigars or other tobacco products.
TAVERN
An establishment, other than a restaurant, that holds a "Class B" intoxicating liquor license or a Class "B" fermented malt beverage license.
(c) 
Smoking prohibited.
(1) 
Smoking shall be prohibited in all enclosed areas of public places and places of employment within the Village of Monticello, including, but not limited to, the following places:
a. 
Adult day care facilities.
b. 
Aquariums, galleries, libraries, and museums.
c. 
Areas in buildings occupied by businesses and nonprofit entities where the general public and employees are invited or permitted such as offices, banks and laundromats.
d. 
Bars, taverns, nightclubs, and cocktail lounges.
e. 
Child care facilities.
f. 
Village owned or occupied buildings.
g. 
Village owned or leased vehicles.
h. 
Convention facilities.
i. 
Educational facilities, including all premises owned, rented by or under the control of a school board.
j. 
Elevators.
k. 
Facilities primarily used for exhibiting a motion picture, stage drama, lecture, musical recital, or other similar performance, except performances when smoking is part of a stage production and so noticed in the program.
l. 
Health care facilities, including waiting rooms, hallways, and rooms in offices of any physician, dentist, psychologist, chiropractor, optometrist, optician, or other medical service provider.
m. 
Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.
n. 
Meeting and conference rooms in which people gather for educational, business, professional, union, governmental, recreational, political, or social purposes.
o. 
Polling places.
p. 
Public and private meeting facilities.
q. 
Restaurants and retail food production and marketing establishments.
r. 
Restrooms, lobbies, reception areas, hallways, and other common areas which are used by or open to the public or employees.
s. 
Retail establishments.
t. 
Shopping malls.
u. 
Public transportation facilities, including taxicabs and motor buses.
(2) 
Smoking shall be prohibited in concession areas of restaurants, service lines, outdoor areas where food and/or beverages are served or consumed, outdoor seating structures such as stadiums, bleachers, or outdoor auditoriums for spectators at sports event, outdoor theaters, amphitheaters, arenas or similar areas used by spectators at other public events.
(d) 
Exceptions.
(1) 
Notwithstanding any other provision of this section to the contrary, the following areas shall be exempt from the provisions of Subsection (c).
a. 
Private residences, except when a residence is in use as a licensed child care facility, adult day care facility, health care facility or home-based business of any kind open to the public.
b. 
A room used by only one person in an assisted living facility as his or her residence.
c. 
A room in an assisted living facility in which two or more persons reside if every person who lives in that room smokes and each of those persons has made a written request to the person in charge of the assisted living facility to be placed in a room where smoking is allowed.
d. 
A retail tobacco store that is in existence on June 3, 2009, and in which only the smoking of cigars and pipes is allowed.
(2) 
Pursuant to § 101.123(4m), Wis. Stats., nothing in this section shall prohibit a person in charge of a restaurant, tavern, private club, or retail establishment from designating an outside area that is a reasonable distance from any entrance to the restaurant, tavern, private club or retail establishment where customers, employees, or persons associated with the restaurant, tavern, private club or retail establishment may smoke.
(e) 
Declaration of nonsmoking.
(1) 
Notwithstanding any other provision of this section, an owner, operator, manager, or other person in control of premises other than places of employment or public places may declare the entire premises, including outdoor areas, smoke-free.
(2) 
If a declaration of nonsmoking is made under this subsection, it shall be unlawful to smoke in any place so designated if a sign or signs conforming to the requirements of Subsection (f) have been posted.
(f) 
Signs.
(1) 
The owner, proprietor, manager or other person having control of a place where smoking is prohibited under this section shall post, in a conspicuous place at every building entrance, a sign in conformity with § 101.123(6), Wis. Stats., indicating that smoking is prohibited.
(2) 
Signs posted in accordance with this section shall be posted in such a manner that the public has reasonable notice of the prohibition of smoking and must be posted at any time the establishment is open for business.
(3) 
It shall be unlawful for an owner, proprietor, manager or other person having control of an establishment to fail to comply with the signage requirements of this subsection.
(4) 
It shall be unlawful for any person to remove, deface or destroy any sign required by this subsection, or to smoke in any place where any such sign is posted.
(g) 
Enforcement.
(1) 
Any owner, manager, operator or employee of an establishment regulated by this section shall inform persons violating this section of that fact and shall ask any person who smokes in areas where smoking is prohibited to refrain from smoking. If the person does not refrain from smoking after being requested to do so, the owner, manager, operator or employee shall ask the person to leave the premises. If the person continues to smoke and refuses to leave, the owner, manager, operator or employee of the establishment shall notify the Police Department of the person's refusal to leave or stop smoking.
(2) 
The owner, operator, manager or other person having control of any establishment regulated by this section shall remove all ashtrays and other smoking paraphernalia from any area where smoking is prohibited by this section.
(3) 
The Police Department shall verify compliance with this section.
(h) 
Violations and penalties.
(1) 
A person who smokes in an area where smoking is prohibited by this section shall, upon conviction for the violation, be subject to a penalty as provided in § 1-1-7 of this Municipal Code in addition to those provided by § 101.123 Wis. Stats.
(2) 
A person who owns, manages, operates, or otherwise controls a public place or place of private employment and who fails to comply with the provisions of this section shall, upon conviction of the violation, be subject to a penalty as provided in § 1-1-7 of this Municipal Code.
(3) 
Each day, in which a violation of this section occurs, shall be considered a separate and distinct violation.
(i) 
Other applicable laws. This section shall not be construed to permit smoking where it is otherwise restricted by other applicable laws but shall be liberally construed so as to further the intent and purposes of this section.