[Adopted as §§ 10.01 to 10.11 of the 1986 Code]
No person shall erect, contrive, cause, continue, maintain or permit
to exist any public nuisance within the Village.
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 § 149-2:
A.
Adulterated food. All decayed, 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 insects or vermin. 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.
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. All weeds and grass shall be kept cut to a height not to exceed
one foot. The Village may cause all weeds and grass to be cut and removed
and brush to be removed and the cost thereof charged to the property under
§ 66.0627, Wis. Stats.
G.
Water pollution. The pollution of any public water supply,
stream, lake, canal or other body of water.
H.
Noxious odors, etc.. Any use of property, substances
or things within the Village emitting or causing any foul, offensive, noisome,
noxious or disagreeable odors, gases, effluvia or stenches repulsive to the
physical senses of ordinary persons which annoy, discomfort, injure or inconvenience
the health of persons within the Village.
I.
Street pollution. 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 Village.
J.
Air pollution. The escape of smoke, soot, cinders, noxious
acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants
within the Village 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 Village.
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 § 149-2:
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.
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 Village.
D.
Continuous violation of Village ordinances. Any place
or premises within the Village where Village ordinances or state laws relating
to public health, safety, peace, morals or welfare are 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 § 149-2:
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 Village ordinances relating to materials and manner
of construction of buildings and structures within the Village.
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 or 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 Village ordinances.
H.
Dilapidated buildings. All buildings or structures so
old, dilapidated or out of repair as to be dangerous, unsafe, insanitary 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 without taking sufficient measures to prevent noise, barking,
fighting or howling which would unreasonably disturb the peace and quiet of
the neighborhood. The testimony of two or more adult persons of different
households to the effect that the noise, barking, fighting or howling of an
animal or fowl identified by them has caused them great annoyance on repeated
frequent occasions shall be prima facie evidence that the person owning or
keeping the animal or fowl has failed to take the measures required hereby
and that the result thereof has been the unreasonable disturbance of the peace
and quiet of the neighborhood.
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 Village, 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 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.
M.
Blighted buildings and premises. Premises existing within
the Village which are blighted because of faulty design or construction, failure
to maintain them in a proper state of repair, or improper management or due
to the accumulation thereon of junk or other unsightly debris, structurally
unsound fences, and other items which depreciate property values and jeopardize
or are detrimental to the health, safety, morals or welfare of the people
of the Village.
(1)
The blighted premises contribute to conditions that are
dangerous to the public health, safety, morals and general welfare of the
people. The conditions necessitate excessive and disproportionate expenditure
of public funds for public health, public safety, crime prevention, fire protection
and other public services. The conditions cause a drain upon public revenue
and impair the efficient and economical exercise of governmental functions
in such areas.
(2)
Elimination of blighted premises and prevention of blighted
premises in the future is in the best interest of the citizens and shall be
fostered and encouraged by this article. It is essential to the public interest
that this article be liberally construed to accomplish the purposes of this
subsection.[1]
[Added 1-11-2000]
Residential signs that carry political, religious or personal messages
are permitted to be placed on private property, subject to the following conditions:
A.
Signs shall be freestanding.
B.
Signs shall not exceed six square feet in area and four
feet in height from the top of the sign to the ground.
C.
One sign per candidate or issue per lot shall be permitted,
except that corner lots may have two signs per candidate or issue.
D.
Signs shall have no electrical, mechanical, audio auxiliary
or other distracting features.
A.
Public nuisance declared. The Village Board, having determined
that the health of the elm trees within the Village is threatened by a fatal
disease known as "Dutch elm disease," hereby declares the following to be
public nuisances:
(1)
Any living or standing elm tree or part thereof infected
with Dutch elm disease fungus or which harbors any of the elm bark beetles
Scolytus multistriatus (Eichh) or Hylurgopinus rufipes (Marsh).
(2)
Any dead elm tree or part thereof, including logs, branches,
firewood, stumps or other elm material from which the bark has not been removed
and burned or sprayed with an effective elm bark beetle destroying insecticide.
B.
Village Forester. The Village Forester shall have the
powers and perform the duties imposed by this section and by Ch. 27, Wis.
Stats.
C.
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
PUBLIC PROPERTY
Definitions. For the purpose of this section, the following
phrases are defined as follows:
Dutch elm disease.
Elm bark beetles Scolytus multistriatus (Eichh) or Hylurgopinus rufipes
(Marsh).
Any living or standing elm tree infected with Dutch elm disease fungus
or in a weakened condition which harbors any of the elm bark beetles.
Any dead elm tree or part thereof, including logs, branches, firewood,
stumps or other elm material from which the bark has not been removed and
burned or sprayed with an effective elm bark beetle destroying concentrate.
Any premises owned or controlled by the Village, including but not
restricted to public sites, parks, playgrounds, streets, alleys, sidewalks,
boulevards and terrace strips between the lot line and the curb or improved
portion of any public way.
D.
Inspections.
(1)
The Village Forester shall inspect any elm tree reported
or suspected to be infected with Dutch Elm disease or any elm bark bearing
material reported or suspected to be infested with elm bark beetles.
(2)
Whenever necessary to determine the existence of Dutch
elm disease or elm bark beetles in any tree, the Village Forester shall remove
or cut specimens from the tree in such manner as to avoid permanent injury
thereto and forward them to the State Department of Agriculture, Trade and
Consumer Protection for analysis to determine the presence of such nuisances.[1]
(3)
The Forester and his agents or employees may enter upon
private premises at reasonable times for the purpose of carrying out any of
the provisions of this section.
E.
Abatement of nuisances.
(1)
The Forester shall order, direct, supervise and control
the abatement of public nuisances by spraying, removal, burning or other means
which he determines to be necessary to prevent as fully as possible the spread
of Dutch elm disease fungus or the insect pests or vectors known to carry
such disease fungus.
(2)
Whenever the Forester determines that a public nuisance
exists on public property in the Village, he shall immediately abate or cause
the abatement of such nuisance in such manner as to destroy or prevent as
fully as possible the spread of Dutch elm disease or the insect pests or vectors
known to carry such disease fungus.
(3)
When the Forester determines with reasonable certainty
that a public nuisance exists upon private premises, he shall immediately
serve personally or by registered mail upon the owner of such property, if
he can be found, or upon the occupant thereof a written notice of the existence
of such nuisance, directing that the nuisance be abated within 10 days after
service of such notice. Such notice shall describe the nuisance and recommend
the procedure for its abatement and shall state that, unless the owner abates
the nuisance as specified in the notice, the Forester will cause the abatement
thereof at the expense of the property served. If the owner or occupant cannot
be found, such notice shall be given by publication in a newspaper of general
circulation in the Village.
F.
Spraying.
(1)
Whenever the Forester determines that any elm tree or
part thereof is infected with Dutch elm disease fungus or is in a weakened
condition and harbors elm bark beetles, he may cause all elm trees within
a radius of 1,000 feet thereof to be sprayed with an effective elm bark beetle
destroying concentrate.
(2)
To facilitate the work and minimize the inconvenience
to the public of any spraying operation conducted under this section, the
Forester shall cause to be given advance public notice of such operation by
the posting of warning notices in the areas and along the streets where trees
are to be sprayed at least 24 hours in advance of spraying. When any residue
or concentrate from municipal spraying operations can be expected to be deposited
on any public street, the Forester shall also notify the Chief of Police,
who shall make and enforce such temporary parking and traffic regulations
on such streets as conditions require. Temporary "No Parking" notices shall
be posted in each affected block of any street at least 24 hours in advance
of spraying operations.
G.
Special assessments for tree care and abatement.
(1)
The cost of abatement of a public nuisance or spraying
elm trees or elm wood at the direction of the Forester, if the nuisance tree
or wood is located in a public park or on other public grounds, shall be borne
by the Village.
(2)
The cost of abating a public nuisance or spraying elm
trees or elm wood located on private premises or in the public right-of-way,
when done at the direction and under the supervision of the Forester, shall
be assessed to the property on which such nuisance tree or wood is located
or which abuts on the public right-of-way in which such nuisance tree or wood
is located, as follows:
(a)
The Forester shall keep account of the cost of such work
or spraying and the amount chargeable to each lot or parcel and shall report
such work charges, the description of lands to which they are chargeable and
the names and addresses of the owners of such lands to the Clerk-Treasurer
on or before October 15 of each year.
(b)
The Clerk-Treasurer shall mail notice of the amount of
such final assessment to each owner of property assessed at his last known
address, stating that, unless paid within 30 days of the date of the notice,
such assessment shall bear interest at the rate of 12% per annum and will
be entered on the tax roll as a delinquent tax against the property; and all
proceedings in relation to the collection, return and sale of property for
delinquent real estate taxes shall apply to such assessment.
(c)
The Village hereby declares that, in making assessments
under this section, it is acting under its police power. No damages shall
be awarded to any owner for the destruction of any diseased or infested elm
tree or elm wood or part thereof.
H.
Prohibited acts. No person shall:
(1)
Transport any bark bearing elm wood, elm bark or elm
material on public streets or highways or other public premises without first
securing the written permission of the Forester.
(2)
Interfere with or prevent any act of the Forester or
his agents or employees while they are engaged in the performance of duties
imposed by this section.
(3)
Refuse to permit the Forester or his duly authorized
representative to enter upon his premises at reasonable times to exercise
the duties imposed by this section.
(4)
Permit any public nuisance to remain on any premises
owned or controlled by him when ordered by the Forester to abate such nuisance.
A person shall not plant or keep any trees commonly known as "cotton shedding poplars" on his premises and shall have the same destroyed. If trees are not destroyed by the property owner, the Village shall destroy the same and the cost thereof shall be assessed in the same manner as costs under § 149-7G are assessed.
A.
Enforcement. The Chief of Police and the Fire Chief shall
enforce those provisions of this article that come within the jurisdiction
of their offices, and they shall make 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 Village and that there is immediate
danger to the public health, safety, peace, morals or decency, the President
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 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 article shall
be construed as prohibiting the abatement of public nuisances by the Village
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 article for the erection,
contrivance, creation, continuance or maintenance of a public nuisance, the
cost of abating a public nuisance by the Village 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 article, or any regulation, rule or order made hereunder, or permit or cause a public nuisance shall be subject to a penalty as provided in § 1-4 of this Municipal Code.
